Soldier Sues U.S. Military Over Extended Service

[rawstory]

First carried on The Raw Story, http://rawstory.com

By 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.

http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=5999552&src=rss/topNews§ion=news

[Jo March]

1. Yeah, right, good luck with that

I highly doubt that John Doe will win.

[rawstory]

2. But it's a damn good try -- and someone's gotta do it.

At the very least, it will draw attention to this whole 'backdoor' draft.

[54anickel]

3. Another "frivolous lawsuit" example for Shrub? Somehow, I doubt

he'll bring it up. :evilgrin:

I wish this veteran well, but he's got quite the uphill battle. The "stop-loss" orders are being abused by this mal-admin from their original intentions, or so I recently read here on DU in another post.

[mrbassman03]

13. Yeah, damn those trial lawyers!

Yeah, these crazy trial-lawyers trying to wreck small business or steal money from innocent people, or whatever they do... I'm surprised Edwards made it this far if this is the kind of trash he is helping... Imagine, someone not wanting to die for their country... Well, I do wish him the best of luck though.

[GodlessBiker]

4. The first thing to do...

...is to see what his enlistment documents say. The courts will look at the contract between him and the military.

[dakine]

5. Exactly...

You sign up for the benefits, you do the time...no on is forced to be in military...

[NewYorkerfromMass]

6. He says he "did his time"

but of course, it is all in the fine print.

[dakine]

7. yep...

Read what you sign, that is what I was always taught...common knowledge in military of being recalled to active duty or having duty extended...

[chrisesq]

14. Never saw a "stop loss" clause on the enslistment contract I signed.

I actually have a copy of it right in the drawer next to the computer. Nope, nothing about "stop loss" at all.

Knew about the inactive reserve clause though. Mentions that you will have to do a full 8 years. However that is split up is irrelevant. However, doesn't say anything in the contract about being called back years after being on active duty. Sure it may be implied, but its not expressly worded.

To imply that it is "common knowledge" is disingenuous at best. I never even knew about "stop loss" until I met actual soldiers who were affected by it during the first Gulf War. and I had been, at that time, in the military for over a year.

[frylock]

9. no on is forced to be in military..

I've heard that talking point somewhere before.. hmmmmmmmmm.

[murray hill farm]

8. win or not on this..it is still a good thing!

It is someone saying that it is not right...and that he wont just sit there and take it with his mouth shut...collectively, of course. My son who is 42 yrs old is one of those trapped in the "stop loss" orders. He should have retired..or been able to retire..two years ago. I am most happy to see action being taken..no matter how it turns out...at least someone is taking action..and making some waves.

[MasonJar]

10. As I remember, our favorite AWOL creature not only refused to

take his required flight medical, but he also did not show up for his obligations for the better part of a year. When he was about to be sent to regular service, he pulled out all the stops to escape that fate. It might have gotten in combat after all. After which, he was allowed to leave early. What a scum.

[mctrotter5]

11. Yeah, our "war president" is such a good example of honoring your contract

[Swamp Rat]

12. Let this be just the first law suit against Reichmarshal Rumsfeld!