- SAN FRANCISCO (Reuters) -
A California Army National Guard sergeant 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 with distinction 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."
-
- "It's not that he's a coward," he added.
"He's
just had it up to here."
-
- 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 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 last year. Married with two young daughters, he is seeking a
release
from service when his Army National Guard term ends in December.
-
- SOME 'NOT OVERJOYED' ABOUT GOING
-
- The suit names the plaintiff's commander as Capt. Kincy
Clark, who heads the 131-person 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, who is named as a co-defendant in the
case, 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.
-
- Lawyer Sorgen said the extension was a violation because
the U.S. Congress had not declared war or a state or emergency. He called
the suit the first of its kind in recent years, although he said a Georgia
court ruled against a soldier after the first Gulf War in a 1991
case.
-
- The attorney also said his client was being treated for
post-traumatic stress disorder and had been temporarily excused from
reporting
with the rest of his unit this week.
-
- A spokesman for the California National Guard had no
comment. Joanne Swanson, head of the civil division of the U.S. Attorney's
office in San Francisco, said she was aware of the suit but declined to
comment.
-
- The extension of service for U.S. soldiers has also
become
an issue in the presidential campaign, with Democrat John Kerry saying
he will end what he calls a "backdoor draft."
-
- 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.
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