Interesting case... I don't think he has a chance but it'll be an fun to see how it plays out though...
Soldier Sues U.S. Military Over Extended Service
Reuters | Aug 17 | Adam Tanner
SAN FRANCISCO (Reuters) - A decorated U.S. combat veteran 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 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."
He called the suit the first of its kind.
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 service 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. Married with two young daughters, he is seeking a release from service when his Army National Guard term ends in December.
The suit names the plaintiff's commander as Capt. Kincy Clark, who heads 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 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.
A spokesman for the California National Guard declined to comment.
The extension of service for U.S. soldiers has also become an issue in the presidential campaign.
"We will end the backdoor draft of the National Guard and reservists," John Kerry said in his acceptance speech at the Democratic National Convention in July.
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. Some may therefore be forced to remain in the military for months after they were scheduled to leave.
Soldier Sues U.S. Military Over Extended Service
Reuters | Aug 17 | Adam Tanner
SAN FRANCISCO (Reuters) - A decorated U.S. combat veteran 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 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."
He called the suit the first of its kind.
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 service 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. Married with two young daughters, he is seeking a release from service when his Army National Guard term ends in December.
The suit names the plaintiff's commander as Capt. Kincy Clark, who heads 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 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.
A spokesman for the California National Guard declined to comment.
The extension of service for U.S. soldiers has also become an issue in the presidential campaign.
"We will end the backdoor draft of the National Guard and reservists," John Kerry said in his acceptance speech at the Democratic National Convention in July.
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. Some may therefore be forced to remain in the military for months after they were scheduled to leave.
