Posted on 10/23/2004 7:51:24 PM PDT by Former Military Chick
NEW YORK - An Army Captain sued the government Friday to block his pending deployment to Iraq, saying he resigned in June after completing eight years of service in the Army and Army Reserve.
Jay J. Ferriola, 31, said in the lawsuit in U.S. District Court in Manhattan that Secretary of Defense Donald Rumsfeld unlawfully continues to exercise control over him even though he properly resigned and was asked to turn in his equipment.
The New York resident has never received a written, official response to his resignation request, said the lawsuit, which asks a judge to process and approve the resignation.
A spokesman for the U.S. Attorney's office declined comment.
Ferriola this week received orders to report Monday for active duty with the 306th Military Police Battalion, which will leave for a year and a half "on a dangerous mission in Iraq," the lawsuit said.
It was not fear that prompted Ferriola to take legal action, but a desire to get on with his life, said his lawyer, Barry I. Slotnick.
Last month, a judge ruled that an Army reservist from North Carolina must report to active duty. Todd Parrish had argued he had fulfilled his military obligation and sent the Army a letter resigning his commission, but the judge agreed with the Army that he could be recalled to duty because he failed to sign a resignation line on a letter asking for an update on his personal information.
I believe, and I may be wrong but officers still have a mandatory commitment of at least one year after there primary enlistment term is up. Could be wrong though.
In the thousands of other men and women who serve with pride. Consider all the folks in the military - there's bound to be a few who are just like Kerry was.
Ok, he resigned his commission. Now send him as a PFC.
If I'm not mistaken a officer can be called up at anytime.
At least that is how it use to be back in the 60's
If he's lying about resigning then that's one thing - but if he did 8 years and resigned and the army failed to process his resignation - then his actions are entirely honorable.
After his initial 4 year commitment, if an officer decides to stay in he has no "term." His ID card says "indefinite," and he serves at the pleasure of the President of the United States. His obligation can only be severed by resigning, and then only if his resignation is accepted.
". . . but if he did 8 years and resigned and the army failed to process his resignation - then his actions are entirely honorable."
That's the way I read the news. He may be right.
For those who do not know, unlike an enlisted person, an officer is not automatically discharged at the end of their obligation. To be completely removed from the possibility of a reserve call-up, an officer who has completed his military service obligation must tender his resignation.
So, the question becomes . . . was the resignation properly tendered? Was it approved? Was there some kind of "stop loss" in effect which blocked the resignation? Lots of questions.
Officer don't have an enlistment term, since they aren't "enlisted". They do have contractual obligation which varies and a six year military service obligation. However none of them lasts longer than 6 years total. This guy has already served 8 years. However an officer isn't just automatically let go, he has to resign his commission, or at least request transfer to the standby reserve, from which it takes a Congressional act to be activated from, IIRC.
I never resigned my commission, although I spent so much time in standby (not entirely voluntarily) that my retirement is only honorary, with no pay or benefits accruing.
Hopefully when they're done with him he won't have any "equipment" left.
You're partially mistaken. A reserve officer in the Standby reserve cannot be involuntarily called up except by act of Congress. The President can on his own hook activate the ready reserve. The Ready Reserve includes the Selected Reserve (AKA participating or drilling reservists) the standard reserve units plus individual mobilization augmentees. The RR also includes the IRR, which is made up of people with time left on their Military Service Obligation (generally 6 years) and certain retirees.
This guy, if he had completed his resignation, would not fall into any of the categories of reservist, he'd be a PFC (Private F'n Civilian).
That said, resigning in the middle of a war is not something I would do, I don't believe. In fact if the want me today, they can have me. As it is I'm working on a Army post as a technical adviser contractor.
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