Originally posted by: Deptacon
Originally posted by: episodic
Originally posted by: 1prophet
Originally posted by: episodic
So lets say a soldier hits the 8 years. Do they get to go home as promised then?
Sometimes even eight years might not be enough to get you out
For the second time in two days, a federal appeals court declined to halt an Oregon National Guardsman from being deployed to Afghanistan on Friday. Emiliano Santiago, 27, an electronics technician and a helicopter refueler now living in Pasco, Wash., is fighting his deployment because his 8-year service agreement expired last year. His lawyers told the court Santiago is the victim of a ?backdoor draft.? On Wednesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals, sitting in Seattle, declined to halt his looming departure. On Thursday, the court declined to rehear the case with 11 judges.
No U.S. federal appeals court has sided with similarly situated military personnel fighting their deployments. The courts have generally upheld the so-called ?stop loss? law that authorizes President Bush to suspend service agreements of many armed forces personnel for national security reasons. Thousands of soldiers have been redeployed under stop loss orders.
In court briefs, the government told the appeals court Thursday that ?soldiers are essential to the national security, and their service in the face of hardship is a crucial source of the strength of our nation.?
Santiago?s attorneys said he would likely appeal to the Supreme Court.
Santiago, now of Pasco, Wash., joined the National Guard at 18, as a junior in high school and served in a unit that refuels helicopters. Less than three weeks before his enlistment was to expire last June, he was told that it was being prolonged by stop-loss. After the one-year deployment order to Afghanistan was issued in October, Santiago was told that his enlistment had been extended for 27 years, to 2031.
so what do you all say about this indefinate enlistment? 8 is 8 - how can they legally keep you for more?
it even states in the enlistment contract that you can been held, extended, or keep on duty
per Army needs.... not in those exact words, but idont fee llike diggin my enlistment out of the filing cabinet.
You are correct the military can change the contract without consent of the enlisted, but if they abuse that right it will severely impact their recruiting for future members.
More on Stop Loss
9. FOR ALL ENLISTEES OR REENLISTEES:
Many laws, regulations, and military customs will govern my conduct and require me to do things a civilian does not have to do. The following statements are not promises or guarantees of any kind. They explain some of the present laws affecting the Armed Forces which I cannot change but which Congress can change at any time.
a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be:
(1) Required to obey all lawful orders and perform all assigned duties.
(2) Subject to separation during or at the end of my enlistment. If my behavior fails to meet acceptable military standards, I may be discharged and given a certificate for less than honorable service, which may hurt my future job opportunities and my claim for veteran's benefits.
(3) Subject to the military justice system, which means, among other things, that I may be tried by military courts-martial.
(4) Required upon order to serve in combat or other hazardous situations.
(5) Entitled to receive pay, allowances, and other benefits as provided by law and regulation.
b. Laws and regulataions that govern military personnel may change without notice to me. Such changes may affect my status, pay, allowances, benefits, and responsibilities as a member of the Armed Forces REGARDLESS of the provisions of this enlistment/reenlistment document.
c. In the event of war, my enlistment in the Armed Forces continues until six (6) months after the war ends, unless my enlistment is ended sooner by the President of the United States.
10. MILITARY SERVICE OBLIGATION FOR ALL MEMBERS OF THE ACTIVE AND RESERVE COMPONENTS, INCLUDING THE NATIONAL GUARD.
a. FOR ALL ENLISTEES: If this is my initial enlistment, I must serve a total of eight (8) years. Any part of that service not served on active duty must be served in a Reserve Component unless I am sooner discharged.
b. If I am a member of a Reserve Component of an Armed Force at the beginning of a period of war or national emergency declared by Congress, or if I become a member during that period, my military service may be extended without my consent until six (6) months after the end of that period of war.
c. As a member of a Reserve Component, in time of war or national emergency declared by the Congress, I may be required to serve on active duty (other than for training) for the entire period of the war or emergency and for six (6) months after its end.
d. As a member of the Ready Reserve I may be required to perform active duty or active duty for training without my consent (other than as provided in item 8 of this document) as follows:
(1) in time of national emergency declared by the President of the United States, I may be ordered to active duty (other than for training) for not more than 24 consecutive months.
(2) I may be ordered to active duty for 24 months, and my enlistment may be extended so I can complete 24 months of active duty, if:
(a) I am not assigned to, or participating satisfactorily in, a unit of the Ready Reserve; and
(b) I have not met my Reserve obligation; and
(c) I have not served on active duty for a total of 24 months.
(3) I may be ordered to perform additional active duty training for not more than 45 days if I have not fulfilled my military service obligation and fail in any year to perform the required training duty satisfactorily. If the failure occurs during the last year of my required membership in the Ready Reserve, my enlistment may be extended until I perform that additional duty, but not for more than six months.
(4) When determined by the President that it isnecessary to support any operational mission, I may be ordered to active duty as prescribed by law, if I am a member of the Selected Reserve.