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Soldier sues US military over extended service Original Source Link: (May no longer be active)    http://news.myway.com/top/article/id/421760|top|08-17-2004::16:28|reuters.html http://news.myway.com/top/article/id/421760|top|08-17-2004::16:28|reuters.html Soldier Sues U.S. Military Over Extended Service Aug 17, 4:15 PM (ET) By Adam Tanner SAN FRANCISCO (Reuters) - A decorated U.S. combat veteran filed a lawsuit on Tuesday asserting that the government can not prevent reservists from leaving the military when their enlistment periods end. The suit against Defense Secretary Donald Rumsfeld and other military officials, names the plaintiff only as John Doe. It says he served in the Marine Corps and Army for nine years on active duty and three years as a reservist. "This lawsuit seeks to stop the forced retention of men and women who have fulfilled their service obligations," said attorney Michael Sorgen. "When their period of enlistment ends, they should be entitled to return to their families." He called the suit the first of its kind. The Army has issued "stop-loss" orders preventing tens of thousands of soldiers designated to serve in Iraq and Afghanistan from leaving the military if their volunteer service commitment ends during their deployment. The Pentagon has relied heavily on reservists to fight in Iraq and Afghanistan. "The order violates Doe's right to due process and the terms of his enlistment contract, and is contrary to law," the lawsuit reads. "The involuntary extension of Doe's military enlistment constitutes a serious infringement on his liberty protected by the Constitution." The San Francisco-area man, who filed the lawsuit in U.S. District Court for Northern California, fought during the invasion of Iraq. Married with two young daughters, he is seeking a release from service when his Army National Guard term ends in December. The suit names the plaintiff's commander as Capt. Kincy Clark, who heads Bravo Company of the First Battalion, 184th Infantry regiment based in Dublin, California. The unit reported for duty on Monday and is expected to train for several months before going to Iraq in February or March. "We have some soldiers who are obviously not overjoyed about being deployed," Clark told Reuters by telephone. "I have had to look them in the eye and say 'hey, you are going."' He added that reservists know when signing up that "stop loss" or extension of service is a possibility. A spokesman for the California National Guard declined to comment. The extension of service for U.S. soldiers has also become an issue in the presidential campaign. "We will end the backdoor draft of the National Guard and reservists," John Kerry said in his acceptance speech at the Democratic National Convention in July. The "stop loss" order means soldiers who otherwise could leave when their commitments expire will be compelled to remain until the end of a year-long overseas deployment and up to another 90 days after returning to their home base. Some may therefore be forced to remain in the military for months after they were scheduled to leave.

soldiers-mental-toll 15 000 more troops iraq { May 16 2003 } 1700 soliders have deserted in iraq { December 5 2003 } 20 000 more troops 6 louisiana national guard soldiers mourned { January 11 2005 } 63 percent voters call for immediate troop withdrawal Abandoned pets problem while troops gone { April 12 2005 } America will stay in iraq says bush Army accepting more recruits with felonies { April 22 2008 } Army allows criminals for recruitment Army captain sues government about iraq assignment Army covers up soldier dissenters assassination Army keeping soldiers on duty { June 2 2004 } Army misses recruitment by 42 percent { May 16 2005 } Army not meeting recruiting goals { February 21 2005 } Army orders mother of 7 to duty { November 9 2003 } Army plans to keep troop level through 2006 { January 25 2005 } Army raises enlistment age for reservists { March 21 2005 } Army recalling thousands who left service Army recruiter threatens warrant on recruitee { May 11 2005 } Army reserve becoming broken force says general { January 6 2005 } Army reserve fears troop exodus Army sergeant refused iraq duty charged with desertion Army spread thin caling on same units Army stop loss prevents soliders from leaving army { January 28 2006 } Army trying to keep troops from leaving { January 5 2004 } Army will ease standards for recruits { October 1 2004 } Awol desserters crisis hits armed forces Black army recruits down 41perc since 2000 { March 6 2005 } British troops may stay 10 years Delayed troop return frustrates families Draft discussed by senator on hill Female soldiers eyed for combat Fewer army recruits lined up { July 22 2004 } Franks US stay for years { July 10 2003 } Ged no longer required for recruitment { September 20 2005 } General war has not ended { May 30 2003 } GI bill cant cover soldiers community college { April 29 2008 } Gis want home { August 10 2003 } Iraq combat veterans committing increased homicides { January 13 2008 } Kennedy calls for troops withdrawal Low morale plagues us troops in iraq Marine suicide by cop rather than return to iraq Marines come up short on recruits { February 3 2005 } Marines to reactive thousands reserves { July 2006 } Military opposes draft bill introduced by democrat Mississippi guardsmen denied leave for katrina { September 11 2005 } National guard 10 year record lows on recruiting { July 25 2005 } National guard recruiting slips National guard shipped { June 26 2002 } National guard treated like prisoners { November 25 2004 } New generation of homeless vets emerges { December 2008 } Pentagon delays us troops trip home Pentagon extends tour of duty for 6500 soldiers { October 30 2004 } Reservist commits suicide over city job { March 19 2004 } Reservists may face longer tours of duty { January 7 2005 } Reservists reservations { September 26 2002 } Returned iraq veteran soldier fires at police officer { July 23 2007 } Returning soldiers traumatized by occupation Scores denies leave time to displaced katrina families { September 11 2005 } Seattle high school attempts banning recruiters { May 18 2005 } Seventh day adventist marine jailed { January 5 2005 } Sick wounded us troops wait months barracks Soldier paid to get shot to avoid iraq { August 15 2007 } Soldier sues US military over extended service Soldier who married iraqi to be discharged { December 1 2003 } Soldiers are threatened with iraq duty Soldiers contest stop loss policy in court { December 6 2004 } Soldiers marry iraqi women Soldiers returning hard time to adjust { September 12 2003 } Soldiers sued over forced extension of service { October 20 2004 } Soldiers trying not to report States helpding guardsman because fed wont { January 19 2005 } Strained army extends tours to 15 months { April 12 2007 } Thousands of soldiers older than 50 deployed { October 17 2004 } Top democrats call for iraq pullout Tour of duty extended reserve forces Troop r and r budget wont cover costs Troops buy their own body armor { September 30 2005 } Troops have tough questions for rumsfeld { December 8 2004 } Troops questioned rumsfeld on long deployments { December 8 2004 } Troops return after 2 years { January 4 2004 } Troops to stay assignment seven years Unconfirmed mutiny in iraq Us forces extended tours duty US soldier suicide rate highest for 26 years { August 16 2007 } Us troops question presence in iraq { October 17 2003 } War veterans neglected abused at top medical facility { February 18 2007 } Worst recruiting years for army in decades { September 30 2005 } Files Listed: 88

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