PDA

View Full Version : Soldier Sues U.S. Military Over Extended Service



thedrifter
08-19-04, 07:30 AM
Soldier Sues U.S. Military Over Extended Service

By Adam Tanner

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 (news - web sites) and Afghanistan (news - web sites) from leaving the military if their volunteer commitment ends during their deployment. The Pentagon (news - web sites) 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 (news - web sites) 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 (news - web sites) 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://story.news.yahoo.com/news?tmpl=story&cid=564&e=1&u=/nm/security_usa_reservists_dc


Ellie

:no:

hrscowboy
08-19-04, 12:17 PM
What the hell is this a marine that went army and now cant stand being in the service anymore? I guess he never heard of convienence of government law while in the military.

Sgt. Smitty
09-15-04, 10:02 AM
Now he knows first hand how the govt. of this country can screw ya........they could care less about the individual person.

hrscowboy
09-15-04, 10:21 AM
This lawsuit wont even get off the ground hes wasting his time and money..

MarineMiss
09-15-04, 11:16 AM
I think it's all a bunch of crap that this guy is trying to start a big lawsuit over this. It's all about having enough respect for your country to start the job and not leave before it's finished. The military has taken service members away from their families since the military started. Thats the way it works. I'm sure this guy was aware of that before he joined in the first place.

LivinSoFree
09-15-04, 02:40 PM
I'm sure there were plenty of Marines at Guadalcanal, Okinawa, Tarawa, Iwo Jima, Bataan, Corregidor, Beruit, Vietnam... who didn't want to be there either. But did they turn into overlitigious cowards and sue the government? I don't think so.

hrscowboy
09-16-04, 08:46 PM
Buttom line this man is a disgrace to the Military and they should boot his butt out on a BCD.

tophor
09-17-04, 01:02 AM
I agree cowboy, but first, court-martial his a**, let him do some brig time and then bounce his whiney a** out with a BCD, then let him"live under the very blanket of freedom" that those of us and all of our brothers and sisters on active duty are and have served HONORABLY!!!!!!

ALSEUT
09-18-04, 01:42 PM
This guy needs to get out, find a job, so he can buy him a life in a third world country. What happened, did he fall asleep in boot camp. I know that the Army hasn't had any leadership for at least 220 years, but they keep looking and trying different ideas.

hrscowboy
09-18-04, 04:42 PM
I wonder why the hell he didnt stay in Marine Corps in the First place.

michael czajka
09-19-04, 04:47 PM
I personally feel that he has a right under our laws to use the court system in the United States of America if he feels he's been done wrong, thats what freedom is all about!!!
If the courts rule in his favor then more power to him, people need to put themselves in the guys position and quit being so Judgemental!!

Semper Fi, Mike

yellowwing
09-19-04, 09:27 PM
In 1982 remember our MEPS staff carefully taking us though our contract. I actually paid attention, that's one of my things. This schmuck has no legal leg to stand on. It was laid out to him and me what the 'worst case' scenario was on enilstment.

You recieved our training, you will do your job. It took 3 paragraphs of legalese to say it. But it is clear and evident. Your are a Marine upon completion of training. You will obey all orders fron lawful superiors.

hrscowboy
09-21-04, 10:03 PM
buttom line if the commander in chief says hold all veterans your not getting out, its called convience of the government. This has happened to world war 2 veterans when there EAS came while in europe.