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Soldier who sued not required to report for duty
CNN ^ | 10-25-04

Posted on 10/25/2004 10:14:35 AM PDT by LouAvul

NEW YORK (CNN) -- The U.S. Army captain who filed an injunction to block his deployment to Iraq will not have to report for duty Monday, and the military has one week to decide whether to approve his resignation.

Capt. Jay Ferriola, 31, appeared in court for an emergency hearing Sunday to decide his fate. Ferriola says he resigned from the Army Reserve in June after eight years of service, including four years of active duty.

Ferriola received orders last week to report for active duty with the 306th Military Police Battalion in Uniondale, New York. The lawsuit says the unit will serve in Iraq for a year and a half on a "dangerous mission in Iraq."

Ferriola filed a lawsuit against the government, claiming lack of due process, involuntary servitude and breach of contract.

(Excerpt) Read more at cnn.com ...


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1 posted on 10/25/2004 10:14:36 AM PDT by LouAvul
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To: LouAvul

resign the COWARD to the brig making small rocks out of big ones.

That is the most he deserves


2 posted on 10/25/2004 10:17:00 AM PDT by steplock (http://www.outoftimeradio.org)
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To: LouAvul
Not a good career move.
3 posted on 10/25/2004 10:18:21 AM PDT by elbucko ( Feral Republican)
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To: LouAvul

Can you say STOP...LOSS......


4 posted on 10/25/2004 10:19:00 AM PDT by marmar (Faith is a beautiful thing.....)
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To: LouAvul

That spineless pile-o-crap deserves to be locked up and tortured daily for the rest of his life for his cowardice and lack of commitment to his country and freedom.


5 posted on 10/25/2004 10:19:39 AM PDT by Rumwarthor (Search for the truth beneath people's words.)
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To: marmar

My thought exactly. Doesn't stop loss apply to everyone, enlisted and commissioned alike?


6 posted on 10/25/2004 10:20:07 AM PDT by armyavonlady
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To: LouAvul; Admin Moderator

Thank you for fixing my mistake.


7 posted on 10/25/2004 10:20:48 AM PDT by LouAvul
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To: elbucko

Oh I don't know. Look out for "Jay Ferriola" in the 2008 Democrat Primaries.


8 posted on 10/25/2004 10:21:13 AM PDT by agere_contra
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To: Rumwarthor

If this officer had 4 years active, 4 years active reserve
he has fulfilled his obligation unless he has signed up for
another 4 years in the reserves.

Anyone know the details?


9 posted on 10/25/2004 10:24:12 AM PDT by dwilli
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To: BloodTypeOliveDrab

Critical AFSC.....or that is what we call them in the AF. Besides there is the fine print in our contracts.


10 posted on 10/25/2004 10:26:29 AM PDT by marmar (Faith is a beautiful thing.....)
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To: Rumwarthor
If he resigned his commission prior to receiving orders for active duty, and depending on his contract, i think the guy has reasonable grounds to go to court. After all, he did spend four years on active duty and another four in the reserves. I suspect he fulfilled his obligation for service.

Before I get criticized, I was an ROTC graduate in 1975 and spent four years on active duty.

11 posted on 10/25/2004 10:27:26 AM PDT by connectthedots
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To: BloodTypeOliveDrab

I think the question is: does stop loss apply to the inactive reserves?

If he attempted to resign his (reserve) commission in June, then there really is no reason for him to be called up.

On first glance, I'm tempted to side with the Captain on this one. That is assuming stop loss does not apply to inactive reserves, and that he attempted to resign his commission before he was notified of activation.

As a sidenote, I know it may seem unfair that officers can resign their commissions after their commitment is up, and the enlisted have to wait out their enlistment - but that is how it is and has been for 200+ years.


12 posted on 10/25/2004 10:27:27 AM PDT by HerrKobes (The opinions stated herein do not represent the official views of the US govt, DOD or USAF)
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To: HerrKobes

Noone, no matter the critical skills has a lifetime obligation to our military. Once the contract is carried out
and the eight years of total obligation is full filled one
is home free.

Military duty is not a lifetime sentence.


13 posted on 10/25/2004 10:33:00 AM PDT by dwilli
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To: LouAvul

Coward. Chicken sh*t, pantywaisted girly-boy. POS. Whiner. Who's going to protect you when your terrorist allies turn on you?


14 posted on 10/25/2004 10:33:04 AM PDT by cake_crumb (UN Resolutions=Very Expensive, Very SCRATCHY Toilet Paper)
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To: LouAvul

Why doesn't the military just ignore all resignations indefinitely? That would be great for voluntarism! Nothing here shows that this officer has in any way been dishonorable, if the rules are ambiguous, he has grounds to seek clarification. The only thing I would question was whether he had any intent to embarass the Army with this public appeal.


15 posted on 10/25/2004 10:33:20 AM PDT by Theophilus (Save Little Democrats, Stop Abortion)
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To: dwilli

He signed the contract that allows the military to do this knowing full well they could do it, he is obligated to do it!


16 posted on 10/25/2004 10:36:20 AM PDT by hawkiye
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To: steplock
That is the most he deserves

Bull Sh*t! This man served his time/obligation and has a right to resign and get on with his life.

17 posted on 10/25/2004 10:36:38 AM PDT by rstevens
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To: cake_crumb
Coward. Chicken sh*t, pantywaisted girly-boy. POS. Whiner.
The guy fulfilled 8 years of obligation including 4 years active duty.
And your credentials are ...?

18 posted on 10/25/2004 10:37:07 AM PDT by oh8eleven (RVN '67 - '68)
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To: Theophilus

We have a lot of couch commandoes whose only battle in life
is trying to tear the bag of chips open.


19 posted on 10/25/2004 10:39:14 AM PDT by dwilli
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To: dwilli
I agree with you. I regret my knee jerk reaction to the blatantly agendized CNN story.

Be warned that if this guy is ever quoted again by the media, appears with Hanoi John Boy or on a cable news network to diss the war on terror and or the president, or if he allows himself to become the new antwar poster boy, there' is no reason to respect anything about him or to do anything but deride him. Only time and his actions will tell.

20 posted on 10/25/2004 10:40:10 AM PDT by cake_crumb (UN Resolutions=Very Expensive, Very SCRATCHY Toilet Paper)
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