The draft, or possible return to one, has become an issue in the presidential race, like it or not. John Kerry often states that Bush enacted “back-door draft” by using “stop-loss” orders to force service members to remain in the armed forces beyond the dates their terms of service expire. Well, at least one servicmember is fighting back.
A decorated Army captain asked a judge yesterday to bar the military from sweeping him up in a “back-door draft” and shipping him off to Iraq on Monday.
Jay Ferriola, a 31-year-old Manhattan resident, handed in his resignation in June after eight years of active and reserve duty, according to the suit filed in Manhattan Federal Court.
But even though his commanding officer recommended that he be granted a discharge, the military never sent out the paperwork, the suit says, and on Tuesday, Ferriola got orders dated Oct. 8 sending him to war.
Ferriola’s suit says the order in unconsitutional and amounts to “involuntary servitude.” “I complied with my obligation,” he said. “I never intended to make a career of the Army. I want to pursue other careers in civilian life.”
Attorney Barry Slotnick said Ferriola, a registered Republican, is not motivated by fear or opposition to the war but wants the Army to uphold the contract it signed with him in 1993. “He has served his country heroically and patriotically,” Slotnick said.
Judge Robert Sweet granted him an emergency hearing tomorrow
.
So, what did they do? Conveniently “lose” his discharge papers? And just what do you sign away when you join the military anyway? How is it that people can be essentially held against their wills when their terms of service expire?
Anyway, it’ll be interesting to see how this case works out, and whether it will inspire other cases.
Via TalkLeft.