Posted on 10/24/2004 11:58:01 AM PDT by where's_the_Outrage?
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 (search), 31, said in the lawsuit in U.S. District Court in Manhattan that Secretary of Defense Donald Rumsfeld (search) 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 (search) 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.
(Excerpt) Read more at foxnews.com ...
However, notice that he's being assigned to the 306th Military Police Battalion, which implies he has the MP MOS. The Army has a stop loss on this MOS.
Bottom line, the Army isn't always fair, and he's getting the Sh#t end of the stick. However, contigencies of the service.
If he doesn't want to go to Iraq, he doesn't have to. He can instead opt for a courtmartial and a few years in the stockade followed by a DISHONORABLE discharge.
Dammit, this chump knew what he signed up for. I don't give a good rip what he thinks now. He signed a contract. He needs to be a man and live up to it.
Frigging coward needs to be stripped and drummed out - he can go join the islamic jihad.
Damn Right he did!
His point is that he did live up to his contract, served 8 years. Then in-keeping with the regs, submitted the paper-work to resign his commission AFTER having fullfilled his obligations.
I'm half-way in his corner. However, I think he's being screwed by the stop-loss, and needs to accept it. He's just like one of today's soldiers that is serving beyond their enlistment.
I say let this coward out... let him retire with full knowledge someone else MIGHT die in his place in Iraq... of course he wont care....all he cares about is the check he got, the benefits and the money for college......
thats whats wrong with all the National Guards that keep crying about going...OH NO WAR, why it NEVER crossed my MIND I might have to actually FIGHT.....pissants
That's assuming he's representing the facts of his case accurately, which I have to question given that his suit is aimed at Donald Rumsfeld and that evidently someone chose to report this to the media and turn it into an antiwar publicity stunt. I also raise an eyebrow that the plaintiff's lawyer is Barry Slotnick, whose services do not normally come cheap:
Mr. Slotnick's clients have included the producer of one of America's most famous and successful television series (including its many related multimedia activities) and one of the world's largest merchandisers of entertainment products, major record companies, music publishers, independent film, television and theatrical production companies, advertising agencies, entertainers, performing rights societies, and merchandisers. . .Mr. Slotnick is President of the Copyright Society of the U.S.A. and serves on the editorial board of the Journal of the Copyright Society of the U.S.A. He is also a member of the American Bar Association and serves on its Patent, Trademark and Copyright Committee; Entertainment and Sports Committee; and Litigation Committee. Mr. Slotnick is a lecturer on copyright and entertainment issues for the Practicing Law Institute and other industry groups.
I say let him out...its not worth the aggrivation and disgust to keep messing with it....let him go...
I say let him resign. He served....good enough for me.
Besides, at this point...do we want this guy leading troops in Iraq ?
Girly Man!
Reminds me of when I was learning to fly -- I was getting 90% of the costs paid by the GI bill. I worked with a guy who was really incensed. He had put in dozens of week-ends in Minneapolis, and about 2 months total of active training in Little Falls, Minnesota, and couldn't qualify for what I got after 3 years, 10 months, and twenty days more than a thousand miles away.
Mr. Slotnick recommended by the Hollywood crowd, no doubt. Probably being paid by them too.
Unlike enlisted personnel, officers are in for life subject to be recalled at anytime--whether they resign or not. Unless the military boots them for the good of the military, they stay on the rolls. This guy knew the job was dangerous when he took it.
Thats what I was thought but wasn't sure.
"Any words of wisdom on your 88th birthday, Mr. Adams?"
Joey Adams, a Borscht Belt beacon . . .
[SNIP]
The punch line was dispersed by the raucous arrival of Mr. Adams’ wife, New York Post gossip columnist Cindy Adams. "Hello, darling," she said as she effortlessly perched herself on Mr. Adams’ chair while real estate machers Lewis Rudin and Donald Trump looked on.
[SNIP]
Asked to define the crowd, which included public relations guru Howard Rubenstein, actress Lainie Kazan, comedian Alan King and artist LeRoy Neiman, former New York governor Mario Cuomo said, "I guess you would call it a power group." Then he added, "A lot of the people here were more powerful 10 years ago than they are today." He smiled. "So it’s a mature power group."
As Mrs. Adams led an impromptu tour of her new digs, she hurled herself, pinball-like, through the crowd. "Move it! Move! Move!" Mrs. Adams growled as she led a procession into her office, stopping only to say to someone near her, "You know Mrs. Slotnick," referring to Donna, wife of regular column item, attorney Barry Slotnick, who was somewhere else in the room.
Columnist Cindy Adams and attorney Barry Slotnick congratulate media expert Howard Rubenstein (1990)
RUBENSTEIN SPEAKS FOR DENISE RICH
Howard Rubenstein is spokesperson for Denise Rich, the big Democratic Party fund-raiser whose fugitive ex-husband Marc was pardoned by President Clinton, triggering a media firestorm. She's an "old friend and a lovely woman," Rubenstein told this NL.
Rubenstein said he is serving as spokesperson for her foundation during the current crisis. His son Steven is also involved in the media work.
Marc Rich fled to Switzerland in 1983 after being indicted by a federal grand jury on more than 50 counts of wire fraud, racketeering and trading with the enemy. He evaded more than $48 million in income taxes and could have been sentenced to more than 300 years in prison.
He's an MP. Besides, his assignment can be tailored to his service profile.
yep and its way worth it....reserves and enlisted deserve all the benefits they get and they in kind should do their jobs.. sheesh its really simple :))
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