Soldiers fight Pentagon on
service extensions
Associated Press
December 06, 2004
Eight soldiers filed a lawsuit Monday challenging the army's
policy requiring them to serve longer than the terms of their
enlistment contracts.
The soldiers, believed to be the first active-duty personnel
to file such a lawsuit, want a judge to order the army to
immediately release them from service.
They say they weren't informed when they signed up that they
could be kept in the service beyond their discharge date. The
army says the policy is needed to ensure there are enough
experienced soldiers on the battlefield.
David Qualls, one of the plaintiffs, said he signed up in July
2003 for a one-year stint in the Arkansas National Guard but has
been told he will remain on active duty in Iraq until next
year.
"What this boils down to in my opinion is a question of
fairness,'' he said at a news conference announcing the lawsuit.
"I served five months past my one-year obligation and I feel that
it's time to let me go back to my wife.''
Under the Pentagon's "stop-loss'' program, the army can extend
enlistments during war or national emergencies as a way to
promote continuity and cohesiveness. The policy, invoked in June,
was authorized by an emergency executive order signed by
President George W. Bush three days after the Sept. 11, 2001,
terrorist attacks. It also was employed during the buildup to the
1991 Gulf War.
The army has defended the policy, saying the fine print on
every military contract mentions the possibility that time of
service may change under existing laws and regulations.
"The nation is at war, that's the key to this entire issue,''
said Lt.-Col. Bryan Hilferty, an army spokesman. "We're just
using stop-loss for those troops deployed in the war on
terror.''
Hilferty said about 7,000 active-duty soldiers have had their
contracts extended under the policy, and it could affect up to
40,000 reserve soldiers depending how long the war in Iraq
lasts.
The lawsuit says the contracts are misleading because they
make no explicit reference to the policy.
Jules Lobel, a lawyer for the soldiers, accused the government
of using "a classic bait-and-switch operation'' to lure
recruits.
Other soldiers have filed similar cases over the past year,
but this was believed to be the first by active-duty
personnel.
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