Veteran Against the Back Door Draft

[AndJusticeForAll]

AP Honolulu


"A veteran of the first Persian Gulf War is suing the Army after it ordered him to report for duty 13 years after he was honorably discharged from active duty and eight years after he left the reserves.

Kauai resident David Miyasato received word of his reactivation in September, but says he believes he completed his eight-year obligation to the Army long ago.


"I was shocked," Miyasato said Friday. "I never expected to see something like that after being out of the service for 13 years."


His federal lawsuit, filed Friday in Honolulu, seeks a judgment declaring that he has fulfilled his military obligations.


Assistant U.S. Attorney Harry Yee said his office would defend the Army. He declined to comment further. An Army spokewoman at the Pentagon declined to comment to the Honolulu Star-Bulletin.


Miyasato, 34, was scheduled to report to a military facility in South Carolina on Tuesday.


Within hours of filing the lawsuit, however, Miyasato received a faxed letter from the Army's Human Resources Command saying his "exemption from active duty had not been finalized at this time" and that he has been given an administrative delay for up to 30 days, said his attorney, Eric Seitz.


Miyasato, his wife, Estelle, and their 7-month-old daughter, Abigail, live in Lihue, where he opened an auto-tinting shop two years ago.


His lawsuit states that Miyasato is suing not because he opposes the war in Iraq, but because his business and family would suffer "serious and irreparable harm" if he is required to serve.


Miyasato enlisted in the Army in 1987 and served in Iraq and Kuwait during the first Persian Gulf War as a petroleum supply specialist and truck driver.


Miyasato said he received an honorable discharge from active duty in 1991, then served in the reserves until 1996 to fulfill his eight-year enlistment commitment.


The Army announced last year that it would involuntarily activate an estimated 5,600 soldiers to serve in Iraq, Afghanistan and elsewhere. Army officials would be tapping members of the Individual Ready Reserve — military members who have been discharged from the Army, Army Reserve or the Army National Guard, but still have contractual obligations to the military.


Miyasato said he never re-enlisted, signed up for any bonuses or was told that he had been transferred to the Individual Ready Reserve or any other Army Reserve unit.


"I fulfilled my contract," Miyasato said. "I just want to move on from this, and I'm optimistic that I'll be successful."


Miyasato speculated that he may have been picked because his skills as a truck driver and refueler are in demand in Iraq. He told reporters he did the same work as that done by a group of Army reservists who refused to deliver fuel along a dangerous route in Iraq last month. "



Does he have a case?



What would you do?

[Woodmonkey]

All his obligations have been fulfilled and the time limit is up? This concerns me.

[AndJusticeForAll]

Originally Posted by Woodmonkey

All his obligations have been fulfilled and the time limit is up? This concerns me.

Me too. That would be like me getting activated 7 years from now.

[Hoss68]

While I understand his duty to his family and that his "official" commitment has been completed, if he feels he has "done" his time, I understand his feelings at this point.

I, on the other hand, if called back~ will go in a heart beat. I have the training and drive that few others do...

I love my kids, I am as single parent with few people to rely on, but owe to MY kids the life and freedom those who have served, honor.

I have been called back before, and have felt shame for either not being able to go or not being allowed to.

My 13 yo daughter shocked the hell out of me a month ago by saying she wanted to join.

It is our country, our collective honor~ We serve each other, not just ourselves.

[The_Federalist]

Originally Posted by Hoss68

While I understand his duty to his family and that his "official" commitment has been completed, if he feels he has "done" his time, I understand his feelings at this point.

I, on the other hand, if called back~ will go in a heart beat. I have the training and drive that few others do...

I love my kids, I am as single parent with few people to rely on, but owe to MY kids the life and freedom those who have served, honor.

I have been called back before, and have felt shame for either not being able to go or not being allowed to.

My 13 yo daughter shocked the hell out of me a month ago by saying she wanted to join.

It is our country, our collective honor~ We serve each other, not just ourselves.

Think we beat this one to death already. As an officer until you resign your commission you remain eligible for recall to active duty indefinately, regardless of completion of "service obligation".

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

[AndJusticeForAll]

Federalist,

The other guy was an Officer right?

This guy looks to have been an enlisted soldier. Very different, right?

[Hoss68]

Originally Posted by The_Federalist

Think we beat this one to death already. As an officer until you resign your commission you remain eligible for recall to active duty indefinately, regardless of completion of "service obligation".

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

Saw no rank here...