To: trebb
I've never been in the military, but I would assume that would depend on what the contract he signed actually says. If he has fulfilled the terms of his contract with the military and they are now demanding he stay in longer anyway, I could easily see a valid complaint based on the 13th amendment (if he's being forced to do work he never agreed to, that's involuntary servitude).
The only exception to this that the courts have recognized regards the right of Congress to "raise and support armies" via the draft. This guy can quite easily argue that the failure of Congress to pass any measure extending the service of current members of the military negates that argument...the order to extend the service period of the soldiers comes solely from the Executive, a power not granted to it by the Constitution (remember, it's Congress' job to raise and keep the Armies, and the Presidents job to command them).
Unless there's a clause that he agreed to that grants them the right to do this, I can see where he has a VERY valid claim against the Pentagon.
To: Arthalion
There is a clause in the contract that says that the duration of the contract can be extended by the military based on, "the needs of the Army"
(I can't speak for the other branches, but no doubt something similar.)
18 posted on
08/17/2004 2:16:41 PM PDT by
blanknoone
(Everything is impossible to those who refuse to try.)
To: Arthalion
I can see where he has a VERY valid claim against the PentagonHe has no claim.
Congress first gave stop-loss authority to the military after the Vietnam War, when the Pentagon faced difficulty in replacing departing combat soldiers. The Pentagon didn't use the authority until 1990, during the buildup to the Persian Gulf War. All four service branches have issued stop-loss orders since then. The Pentagon issued stop- loss orders in November 2002 for Reserve and National Guard units activated for the war against terrorism. The orders remain in effect. A stop loss was issued for active troops in February 2003, but rescinded in May 2003.
24 posted on
08/17/2004 2:31:37 PM PDT by
AndrewC
(I am a Bertrand Russell agnostic, even an atheist.</sarcasm>)
To: Arthalion
standard form dd4 section 9 part d sub part 2 clearly states "I may be ordered to active duty for 24 months and my enlistment may be extended so I can complete 24 months"
This is in all reserve obligation enlistment/ re-enlistment paperworked signed by the soldier.
34 posted on
08/17/2004 2:41:37 PM PDT by
aft_lizard
(I actually voted for John Kerry before I voted against him)
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