This FAQ is related to Courage to Resist’s “Resisting Individual Ready Reserve (IRR) recall” published February 2009. If this question is of interest to you, please read our overview first.
Our current understanding of this situation is that it is the act of reporting for activation at the specific location designated by the activation authority that triggers your re-entry onto active duty, and renewed jurisdiction of the UCMJ over your actions.
We do believe there is some amount of risk taken when entering any military installation after resisting IRR recall. It seems conceivable that your name could appear in a cross-referenced military database, that you could be held by military police as an IRR “no show”, and that you could be transferred by military police to the IRR activation authority. All of this could conceivably occur before an attorney could make a constitutional case on your behalf before any court.
This has never happened to the best of our knowledge; however, we believe it is important to take this into consideration.