A group of soldiers currently on active duty have filed suit to end or prevent extensions of their enlistment period.
Eight U.S. soldiers serving in Iraq and Kuwait filed a lawsuit on Monday challenging the U.S. military’s “stop loss” policy, which forces them to serve beyond their enlistment contracts.
Lawyers for the active duty soldiers sued Secretary of Defense Donald Rumsfeld and other senior military officials and asked to be immediately released from military service, saying they had served out their contracts.
The U.S. Army has implemented a “stop loss” policy that prevents tens of thousands of soldiers designated to serve in Iraq and Afghanistan from leaving the military even when their volunteer service commitment is over.
Spec. David Qualls said he enlisted with the Arkansas National Guard on July 7, 2003, under a program that allows a veteran to serve for one year before committing to full enlistment, but when he wanted to quit a year later, he was told he could not return home from Iraq to his wife and daughter in Arkansas.
“What it boils down to in my opinion is a question of fairness,” Qualls, 35, told a news conference to announce the suit filed in the U.S. District Court in Washington. “I feel it’s time to let me go back to my wife.”
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Qualls, who said he supported the war in Iraq, took an 80 percent wage cut to serve his country and said he was falling behind on his car and house mortgage payments.
“I spent the last nine months in that combat zone (in Iraq). I don’t think I am being unpatriotic. I believe I have fulfilled my duties,” he said of his wish to quit.
I have sympathy for SPC Qualls and all those unwillingly extended. I have pity for their plights and various difficulties and am grateful for their service to date.
That said, these eight now need to suck it up, square themselves away and do their duty.
Lawyers representing Qualls and the others said the military’s decision to force people to stay longer than they had signed up for amounted to a back-door draft, a claim the military has strongly rejected.
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“When we ask a young person to risk his or her life in harms way, we owe it to that young person to fully explain the circumstances they may confront so far as the length of service,” said [lawyer Staughton] Lynd. “That was not done here.”
Lawyer Jules Lobel, vice president of the Center for Constitutional Rights, said he would try to prove the soldiers were fraudulently induced to join the military in what he said was a classic “bait and switch” operation.
I enlisted in the Texas Army National Guard on April 10, 1990. On that date, I was well aware that I could be activated and forced to leave my civilian life behind. On that date, I certainly knew that my enlistment could be extended at the military’s discretion. I knew this because it was made clear in the paperwork I signed that day before I raised my right hand.
The print wasn’t that damned fine.