Once an Officer, Always an Officer
The nuances of the UCMJ or has ever been on the receiving end of a general's anger. It is true that DOD Directive 1352.1 - MANAGEMENT AND MOBILIZATION OF REGULAR AND RESERVE RETIRED MILITARY MEMBERS, prohibits recalling a retired military member to actively duty solely for the purpose of subjecting them to court-martial jurisdiction. LTC Shimkus (RET) CAN be recalled to active duty for other purposes. It is all in the fine print.
The first rule every military trainee learns is never anger someone's stars. An angry general can get very creative. And John Shimkus, LTC or Congressman (take your pick), is nothing if not a major screw up. Once back on active duty, he would give the general a reason for that demotion to MAJ, conduct unbecoming, etc.
He ONLY did his required 6 years in the Fulda Gap after graduating West Point for a reason. He did not even drill after getting into Congress. He has been an insult to the uniform for the past 30 years.
As a congressman, he has voted to send(force) men and women in our military into harms way to fight a war; that he, as an officer in the U.S. Army Reserves would not volunteer for. A terrible and disgraceful self-serving lack of leadership on the part of a West Point graduate. Like many congressman after Pearl Harbor, John Shimkus after the September 11, 2001, should have immediately resigned his office and requested active duty orders to fight the war on terrorism that President Bush called the equivalent of WWIII. His actions, beyond any doubt, disqualify him to be a congressman or an officer in the U.S. Army.
As a retired officer, LTC Shimkus can still receive orders for Active Duty. After receiving much deserved esteemed glory for his petulance, what man or women would want to follow him into combat? The safest assignment for everyone concerned would be Antarctica -- indefinitely.