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| Judge Rejects 'Stop Loss' Suit Vs. Army |
| 2005-02-08 |
| A federal judge on Monday dismissed a lawsuit challenging the Army's right to force soldiers to serve past the dates of their enlistments, the so-called "stop loss" policy that can keep men and women in uniform during war or national emergencies. Spc. David Qualls had sought a preliminary injunction to prevent the Army from forcing him to remain on active duty, claiming his enlistment contract was misleading. He signed up for a one-year stint in the Arkansas National Guard in July 2003 but was later told he would remain on active duty in Iraq until 2005. U.S. District Judge Royce C. Lamberth for the District of Columbia said the enlistment contract does notify those who sign up that the government could extend their terms of service. While acknowledging minimal harm to the Army if he ordered Qualls released, Lamberth said similar claims could lead to substantial disruption and diversion of military resources. The enlistments of an estimated 7,000 active-duty soldiers have been extended under the policy, which the Army says is needed to provide experienced soldiers for battle. As many as 40,000 reserve soldiers could be ordered to stay longer. The government maintained that the enlistment contract provided that soldiers may be involuntarily ordered to active duty in case of war, national emergency or any other condition required by law, which the government contended would include extensions of existing contracts. Qualls was ordered in December to return to Iraq while Lamberth reviewed his lawsuit. In January, Qualls volunteered for another six-year stint in the Guard. |
| Posted by:trailing wife |
| #3 Yo, idiot - why do you think it's called a contract? A decent lawyer would have told him not to even bother. But that's an oxymoron, I suppose. |
| Posted by: Barbara Skolaut 2005-02-08 8:06:23 PM |
| #2 Also, no matter how many active years you serve the military has you for 8 years. This is pointed out at least 5 or 6 times before you swear in for the second time and become a full member of the military. They can call your ass back for 8 years after you initialy sign. While it does suck to be called back, that is what you agreed to when you signed the papers. So buck up, shut up and move out private. |
| Posted by: mmurray821 2005-02-08 5:39:06 PM |
| #1 The rehash the issue, under Section 8, Article I of the Constitution, Congess by its authority to make the laws of the Army and Navy enacted under Title 10 United States Code : TITLE 10 > Subtitle A > PART II > CHAPTER 39 > para 671a.Members: service extension during war "Unless terminated at an earlier date by the Secretary concerned, the period of active service of any member of an armed force is extended for the duration of any war in which the United States may be engaged and for six months thereafter." |
| Posted by: Phique Spoluper4664 2005-02-08 5:27:36 PM |