U.S. reservists sue feds to block deployment to Iraq

[StrBrite]

I can understand why this reservist would be fighting this. His papers did state discharge and if he was not in fact discharged 100% then there should of been a stipulation clause. I think the government did leave room for this misunderstanding and I think that Ferriola is in the right. As much as I love our government they just should of covered all bases so that no misunderstanding happened like this. (I do know that full time active can be called back but was unaware that reservists could)

What do you think?



U.S. reservists sue feds to block deployment to Iraq


NEW YORK — When U.S. Army reservist Jay Ferriola filed suit against the federal government Friday, the 31-year-old combat veteran joined the ranks of a newly emerging military contingency of reservists who are resisting deployment to Iraq on grounds they've already fulfilled their obligations to the armed forces.
Secretary of Defense Donald Rumsfeld is among the defendants in the suit that claims Ferriola was forced into "involuntary servitude," and that his right to due process was violated when the Army ordered him to report to his unit Monday to prepare for an 18-month assignment in Iraq.


Ferriola claims he completed his eight-year obligation in February and submitted a formal resignation in June.

Complete article can be found here:

http://www.courttv.com/scripts/featu...vists_ctv.html

[The_Federalist]

If he had resigned his commission (and verified he had done so) when he was discharged, then he would never have been recalled to active duty.

Every Officer is eligible for recall to active duty, unless they resign their commission. This is regardless of retirng, ETSing, or completing any IRR obligations. Ignorance is hardly any excuse here.

If MacArthur a veteran of WWI, was recalled to active duty in 1942 to serve as Supreme Allied Commander in the Pacific, after he retired as CSA in 1937, then this man can certainly be as well.

[Carnage_59]

...contained clauses of involuntary extension up to four years after a war is over. One had to initial that paragraph before signing.

[The_Federalist]

The only person (including the Gov't) culpable for this guy's recall is himself, unless he can produce evidence that his resignation was accepted prior to his orders being issued. Once appointed as an Officer you remain in the IRR indefinately until you affirmatively resign your commission.

This is just more senseless litigation, as I am certain if he had evidence of his resigination he wouldn't have hired an attorney to file a complaint. Why did this guy keep filling out his IRR information update forms the Army sends him every year, and not check the box to resign his commission?

[AndJusticeForAll]

I feel stupid. I started another thread about this.

Different Veteran. Same issue. WTF is with people getting called up like this?

[Hoss68]

Do not feel stupid Westbrook. Every former or current service member has different circumstances.

I have 2 kids, single parent with one income and one set of morals and honor.

They call me back tomorrow, I'm gone by Tuesday.

I owe my kids, but if I cannot serve my country and give them freedom and less fear~ What kind of parent am I?

I have better training than many they are sending over for the job/MOS I was trained for. Let me do my MOS~ I did it very well, and have retained the knowledge.

[The_Federalist]

Sounds like you want back in?