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Eight soldiers are challenging the Army's policy requiring them to serve longer than the terms of their enlistment contracts.
In a lawsuit being filed Monday in federal court, the soldiers are seeking a judge's order requiring the Army to immediately release them from service.
"The Army made an agreement with me and I expected them to honor it," said David Qualls, one of the plaintiffs. 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.
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, could keep tens of thousands of personnel in the military beyond their expected departure. The policy was also used during the buildup to the 1991 Gulf War.
The lawsuit contends the policy is a breach of the service contract because it extends the length of service without a soldier's consent. It also alleges the contracts were misleading because they make no reference to the policy, said Staughton Lynd, an attorney for the soldiers.
Back during the Korean thingy you served the time you signed up for and were then separated from active duty and placed on active or inactive reserve duty for a certain number of years.Then you were honorably discharged.
I served 4yrs.active and 4yrs.inactive and after my 5th year of inactive reserve I wrote the Pentagon for my Discharge papers.Their reply was there had been a fire and my records were gone.I wrote them back and told them I had no record of any mustering out pay.One week later my Discharge papers and copies of every mustering out check with my signature on them all.
As someone who's been on active duty for 23 years, I'm often contacted by the kids of friends and relatives who are considering joining the military.
My advice is universally the same:
"Ignore everything the recruiter tells you. Read everything they ask you to sign."
There's always a piece of paper in the enlistment package that reads, roughly, "Everything you have been told has no legal standing and does not effect your enlistment."
Say you go buy shiny new car, and the salesman says your payments will be $200/month. You sign the pile of paperwork as fast as you can so you can go show the car to your girlfriend. Every month thereafter, a bill for $400 arrives. You complain, and are shown your signature on a document showing 29% interest and a payment of $400. Can you take them to court? Sure. Will you win? Probably not.
Caveat emptor
Last edited by Avondale_Larry; December 7th, 2004 at 06:15 AM.
Reason: typo
I know some older gentlemen who served in WWII when the war was over they shipped immediately to Korea.
My niece is an interpreter (Navy)she was supposed to be out of Iraq and was extended three months. She was discharged and has now been recalled to Guantanamo Bay. She may not be happy about it but she signed on to serve and she's doing it.
As someone who's been on active duty for 23 years, I'm often contacted by the kids of friends and relatives who are considering joining the military.
My advice is universally the same:
"Ignore everything the recruiter tells you. Read everything they ask you to sign."
There's always a piece of paper in the enlistment package that reads, roughly, "Everything you have been told has no legal standing and does not effect your enlistment."
Say you go buy shiny new car, and the salesman says your payments will be $200/month. You sign the pile of paperwork as fast as you can so you can go show the car to your girlfriend. Every month thereafter, a bill for $400 arrives. You complain, and are shown your signature on a document showing 29% interest and a payment of $400. Can you take them to court? Sure. Will you win? Probably not.
As someone who's been on active duty for 23 years, I'm often contacted by the kids of friends and relatives who are considering joining the military.
My advice is universally the same:
"Ignore everything the recruiter tells you. Read everything they ask you to sign."
There's always a piece of paper in the enlistment package that reads, roughly, "Everything you have been told has no legal standing and does not effect your enlistment."
Say you go buy shiny new car, and the salesman says your payments will be $200/month. You sign the pile of paperwork as fast as you can so you can go show the car to your girlfriend. Every month thereafter, a bill for $400 arrives. You complain, and are shown your signature on a document showing 29% interest and a payment of $400. Can you take them to court? Sure. Will you win? Probably not.
Caveat emptor
Larry is stretching the truth a tad. I read every document I signed very carefully when I joined the Air Force. There was no such disclaimer that Larry is referring to. Obvioulsy it is the Govt. and they in the long run will do what they want.
I had two buddies out of Basic who were told they couldnt get the job they had signed a contract for. They declined the option to find another job and were promptly discharged. The contract is what saved their collective butts. If it had not been signed they would have had no leg to stand on.
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