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Soldier Sues Over Tour Made Longer
NY Times ^ | 2004-08-18 | DEAN E. MURPHY

Posted on 08/18/2004 3:35:17 AM PDT by dread78645

SAN FRANCISCO, Aug. 17 - A member of the California Army National Guard filed suit in federal court here Tuesday challenging the Bush administration's so-called stop-loss policy, asserting that his pending deployment to Iraq "bears no relation to the threat of terrorism against the United States."

Under stop-loss, military personnel can be prevented from leaving the armed forces upon completing their enlistment terms. The plaintiff in this case, identified as John Doe to protect his privacy, is believed to be the first soldier to challenge the legality of the policy's application to deployment in Iraq.

The soldier is described in the suit as a sergeant from the San Francisco Bay Area who completed more than nine years of active service in the Army and the Marine Corps, including combat duty last year in Iraq. He then joined the California Army National Guard last December, the suit says, under a program that allows veterans to enlist for one year. On July 6, however, he was informed that his enlistment had been extended by two years and that his unit was mobilizing for duty in Iraq, the suit says.

"Doe's active-duty service kept him separated from his family for extended periods, and his service in Iraq has caused him to suffer post-traumatic stress syndrome," the suit states. "Doe's return to civilian life has allowed him to re-establish his family life and to attempt to recover from this combat trauma."

Since the terror attacks of Sept. 11, 2001, the Army has invoked stop-loss to extend the tours of more than 45,000 soldiers. Opponents have criticized the policy as a "back-door draft,'' while military officials say it allows them to keep units together for the sake of cohesion instead of incorporating transfers or recruits.

A spokesman for the California National Guard said the unit at issue in the suit was mobilized on Monday in Dublin, Calif., near San Francisco, and was expected to be deployed to Iraq after six months of training in Texas. (The plaintiff has been temporarily excused from the training, the suit says, because of his treatment for post-traumatic stress syndrome.)

The spokesman, Lt. Col. Doug Hart, declined to comment on the suit but did defend the stop-loss policy.

"The option is put into law so that the military can provide national security," Colonel Hart said. "This is something that Congress has approved, and it is a tool that the president and the military can use if they need to."

But the suit asserts that President Bush's executive order of Sept. 14, 2001, which authorized the deployment of Reserve and National Guard troops to active duty, was intended to prevent terrorist attacks on the United States resulting from a "continuing and immediate threat." The suit says the change of government in Iraq removed the threat there.

"Iraq no longer poses any threat of terrorism against the United States, if it ever did," the petition states. "In March of 2003, the United States led an invasion of Iraq that removed Saddam Hussein and his regime from power."

At a news conference in San Francisco, Marguerite Hiken, a leader of the fiercely antiwar National Lawyers Guild Military Law Task Force, said the stop-loss program was a major source of phone calls from unhappy and despondent soldiers to her organization's hot line.

"Are the number of calls increasing? Yes," Ms. Hiken said. "Are they more intense? Yes."

Michael S. Sorgen, a lawyer for the plaintiff, described him as "very loyal, patriotic and brave." But, Mr. Sorgen said, he wants to remain anonymous because "there might be some people who see this wrongly as an unpatriotic act."


TOPICS: Breaking News; Culture/Society; Foreign Affairs; Government; News/Current Events; War on Terror
KEYWORDS: iraq; stoploss; whinerwhinerwhiner
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To: Leatherneck_MT
If you sit home safe and happy because men like this go and risk their lives for your safety and happiness, and then you begin to ridicule and disparage them because they don't want to go back. Then you (IMHO) are no different than the 60's radicals that called our men Baby Killers and spit on them in the airports.

Overall, I would say you are a wise man.

61 posted on 08/18/2004 6:20:00 PM PDT by bjs1779
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To: bjs1779

I sit here humbled at your reply. I've never thought myself as being wise and I surely do not feel I deserve that title. But thank you for your response.


62 posted on 08/18/2004 6:22:55 PM PDT by Leatherneck_MT (Goodnight Chesty, wherever you may be.)
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To: mrs tiggywinkle
Yeah, but he joined the California National Guard; you know, the one with the condos and sail boats and everything.

LOL..He's paraphrasing a line from that great movie, PRIVATE BENJAMIN!!!!

63 posted on 08/18/2004 6:23:02 PM PDT by Hildy (John Edwards is to Dick Cheney what Potsie was to the Fonz.)
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To: don'tspeak4me
"Oh, the crap that clogs our justice system..."

I agree.
I wish you the best in this case.

BTW: HI!

64 posted on 08/18/2004 7:50:02 PM PDT by TexasCowboy
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To: Grut

His word when he signed on the dotted line and took the oath. Sorry but no sympathy here.


65 posted on 08/19/2004 1:06:44 AM PDT by Terridan (God help us send these Islamic Extremist savages back into Hell where they belong...)
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To: naturalman1975

Benefits? Tax free purchases from the base?


66 posted on 08/19/2004 1:08:14 AM PDT by Terridan (God help us send these Islamic Extremist savages back into Hell where they belong...)
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To: No Surrender No Retreat

Ya left out that he figured Kerry only had to do 4 months, and reap the "hero" benefits... ;)
Bush/Cheney 2004 ditto


67 posted on 08/19/2004 1:10:36 AM PDT by Terridan (God help us send these Islamic Extremist savages back into Hell where they belong...)
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To: Protect the Bill of Rights

Clintoon has long gone... this jerk doesn't stand a chance.
People are fed up with the 9th Circuit too.


68 posted on 08/19/2004 1:12:03 AM PDT by Terridan (God help us send these Islamic Extremist savages back into Hell where they belong...)
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To: Soldiersmon

He "signed" another contract. No case here.


69 posted on 08/19/2004 1:13:44 AM PDT by Terridan (God help us send these Islamic Extremist savages back into Hell where they belong...)
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To: Terridan

Roger That. Should we play the little violin with a sad song for his hilarious quest? Jfk, a zero not a hero to all sane veterans. Bush/Cheney 2004


71 posted on 08/19/2004 5:05:07 AM PDT by No Surrender No Retreat (These Colors Never Run( 7.62))
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To: Grut

Did anyone sue in World War II? Don't tell me that was different.


72 posted on 08/19/2004 5:10:08 AM PDT by Dionysius
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To: Grut

The guy's put in ten years, what do all you folks think he still owes you?>>>>>>>>>>>>>>>>

OH, so at 10 yrs troops get to vote on assignments??? Gosh, I wish I'd know that for the last 15 of my 25 yrs service.

Tell the whiner to pound sand!


73 posted on 08/19/2004 5:18:02 AM PDT by USVet6792Retired (Liberals in the open...adjust fire...over!!!!)
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To: Newbomb Turk
Just a Question ? When has he served enough years ? 20? 30? 40? Or is he obligated for life in your opinion?

When has he served enough? How about when he reaches his End of Active Obligated Service? How about when his contract with the Armed Forces, and by extension the citizens of this country, is over. I have re-upped 3 times and am still serving as I promised to do without the threat of lawsuit for being deployed from family for too long.

When I put my name on that line, it was made very clear to any and all that we serve at the pleasure of the United States and we had better be damned sure that we were prepared to do just that whenever and wherever we were sent. I have and I have the sea time to prove it. If I had my way, I would be there for life but the DOD won't let me go but so many years.

I hold myself to that standard, the others serving with/under me to that standard, and I would hope that the very people I swore to protect and defend would hold me to that standard without question. That clear it up for you?
74 posted on 08/19/2004 7:21:01 AM PDT by wasp69 ("I drank what?" - Socrates (469-399 BC)
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To: dread78645

I think they should give him the boot, right before he could have retired. That way he wouldn't get the retirement.


75 posted on 08/19/2004 8:30:57 AM PDT by dstarr (Proud widow of a Vietnam War and Korean War veteran)
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To: ex 98C MI Dude
Yep that's right I reenlisted. More than once. I have a contract that expires on 28 Aug 2004.

Don't misunderstand me, I am not complaining about staying on after that.

What I question is how many people on this site tell me and others we should suck it up and quit whining when they haven't serves one f ing day in the protection of what we hold dear.

I also realize many of my fellow Freepers are or have been active duty military and I salute them for their contribution

OH and when people discuss the benifits I have received I would like to list a few, like missing every fathers day since I was 17 with my now deceased father,spending 15 weekends away from home every year for paltry pay and missing my kids games and birthdays, time with my wife and getting greif from my employer because it screws up his schedule.

But I keep doing it because someone has to and if not me who? And the peopleI get to meet and work with are the best in the world without exception.

76 posted on 08/19/2004 8:50:08 AM PDT by Newbomb Turk
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To: mystery-ak

The former Marine thought he could get into any easy deal and now he's whining... what a dipsh!t. No wonder he got out of the Corps. What a Maroon!


77 posted on 08/22/2004 8:20:48 PM PDT by Chieftain (Support the Swift Boat Veterans for Truth and expose Hanoi John's FRAUD!)
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To: Grut
The guy's put in ten years, what do all you folks think he still owes you?

He knew the deal when he signed the line. Live up to your obligation and quit whining!

78 posted on 08/22/2004 8:22:05 PM PDT by Chieftain (Support the Swift Boat Veterans for Truth and expose Hanoi John's FRAUD!)
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To: dread78645

I'd extend his arse even longer...doing time in a military prison.


79 posted on 08/22/2004 8:25:28 PM PDT by CWOJackson
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