i'm curious to see what folks here think of this, particularly those in the military (or vets)...
Soldier Sues U.S. Military Over Extended Service
By REUTERS
Filed at 6:59 p.m. ET
SAN FRANCISCO (Reuters) - A California Army National Guard sergeant filed a
lawsuit on Tuesday asserting that the government can not prevent reservists
from leaving the military when their enlistment periods end.
The suit against Defense Secretary Donald Rumsfeld and other military officials
names the plaintiff only as John Doe. It says he served with distinction in the
Marine Corps and Army for nine years on active duty and three years as a
reservist.
``This lawsuit seeks to stop the forced retention of men and women who have
fulfilled their service obligations,'' said attorney Michael Sorgen. ``When
their period of enlistment ends, they should be entitled to return to their
families.''
``It's not that he's a coward,'' he added. ``He's just had it up to here.''
The Army has issued ``stop-loss'' orders preventing tens of thousands of
soldiers designated to serve in Iraq and Afghanistan from leaving the military
if their volunteer commitment ends during their deployment. The Pentagon has
relied heavily on reservists to fight in Iraq and Afghanistan.
``The order violates Doe's right to due process and the terms of his enlistment
contract, and is contrary to law,'' the lawsuit reads. ``The involuntary
extension of Doe's military enlistment constitutes a serious infringement on
his liberty protected by the Constitution.''
The San Francisco-area man, who filed the lawsuit in U.S. District Court for
Northern California, fought during the invasion of Iraq last year. Married with
two young daughters, he is seeking a release from service when his Army
National Guard term ends in December.
SOME 'NOT OVERJOYED' ABOUT GOING
The suit names the plaintiff's commander as Capt. Kincy Clark, who heads the
131-person Bravo Company of the First Battalion, 184th Infantry regiment based
in Dublin, California. The unit reported for duty on Monday and is expected to
train for several months before going to Iraq in February or March.
``We have some soldiers who are obviously not overjoyed about being deployed,''
Clark, who is named as a co-defendant in the case, told Reuters by telephone.
``I have had to look them in the eye and say, 'Hey, you are going.'''
He added that reservists know when signing up that ``stop loss'' or extension
of service is a possibility.
Lawyer Sorgen said the extension was a violation because the U.S. Congress had
not declared war or a state or emergency. He called the suit the first of its
kind in recent years, although he said a Georgia court ruled against a soldier
after the first Gulf War in a 1991 case.
The attorney also said his client was being treated for post-traumatic stress
disorder and had been temporarily excused from reporting with the rest of his
unit this week.
A spokesman for the California National Guard had no comment. Joanne Swanson,
head of the civil division of the U.S. Attorney's office in San Francisco, said
she was aware of the suit but declined to comment.
The extension of service for U.S. soldiers has also become an issue in the
presidential campaign, with Democrat John Kerry saying he will end what he
calls a ``backdoor draft.''
The ``stop loss'' order means soldiers who otherwise could leave when their
commitments expire will be compelled to remain until the end of a year-long
overseas deployment and up to another 90 days after returning to their home
base.
http://www.nytimes.com/reuters/news/news-security-usa-reservists.html
