Stop-loss policy
 | This article's factual accuracy is disputed. |
The stop-loss policy, in the United States military, is the extension of troops' contracts to involuntarily retain them in the service.[1] It has been argued that soldiers contractually agree to partake in stop-loss, but this may not be the case, and the issue is still being debated publically and in federal court.
Stop loss was created by Congress after the Vietnam War. Stop-loss has been justified on the legal basis of paragraph 9(c) which states: "In the event of war, my enlistment in the Armed Forces continues until six (6) months after the war ends, unless the enlistment is ended sooner by the President of the United States" but which has not been reviewed in full by a federal court system.
The use of this provision has been criticized as an abuse of the spirit of the law, due to the fact that Congress has not declared war, such as is the case in the occupation of Iraq.
Stop-loss was first significantly used just before and during the first Gulf War. According to a military publication[1], "the Army last used stop loss during Operation Desert Shield/Desert Storm in 1990 when President George H. W. Bush delegated stop loss authority to the defense secretary." Since then, it has been used more extensively; since 2001 primarily after the national State of emergency declared by President George W. Bush.
Stop-loss, as well as the practice of involuntary extension, have been extremely controversial. In a campaign speech in 2004, former presidential candidate John Kerry described stop-loss policy as a "backdoor draft."[1]
The first legal challenge to this policy came in August 2004, with a lawsuit challenged by an anonymous National Guardsman in California.[2] One basis for the suit was that stop-loss does not apply to the current situation in Iraq as Congress has never declared "war". Another argument used in the case is that it broke the contract of the guardsman, as he had already fulfilled his IRR (Inactive Reserves) obligation.
The first legal challenge to the extension of soldier's contracts occured during the American Civil War, when Private Edward A. Stevens filed suit against the federal government for breaking his three-month enlistment. The prosecuting party for the government was Edwin Stanton, Secretary of War. [3]
Secretary of Defense Robert Gates, as one of his first acts in his position, penned a memo compelling commanders to "minimize" the stop-lossing of soldiers.
The United States Department of Defense now has begun a program to replace the stop-loss, as it is "too controversial". The new program, known as Involuntary Extension, is a circumvention of stop-loss, and simply changes the ETS [end time service] date on a soldier's LES (Leave and Earnings Statement).
The Army claims that enlisted soldiers facing stop loss can now voluntarily separate from the United States Army by request, under provision 3-12, but this is deceptive because only after they complete an involuntary deployment of twelve to fifteen months and 90 days "stabilization time" can they apply.
Iraq Veterans Against the War, an activist organization of former and current service members, in solidarity with former Specialist and Iraq vet Evan Knappenberger, has announced a national "Stop the Stop-Loss" campaign at a recent press conference where they were holding a week-long vigil in a tower erected on the National Mall in Washington, D.C. Other anti-Stop-Loss vigils have occured in Bellingham, Washington, and Colorado Springs, Colorado.
The National Lawyers' Guild and the Military Law Task Force have also initiated efforts to end what they see as an illegal federal practice. [4] Links to case files and other information pertaining to the legal aspects of Stop-Loss can be found at their website [2].
See also
- Individual augmentee policy The term used by the Department of Defense for their program of selecting Air Force and Navy Personnel and deploying them to a combat zone.
References
- ^ a b White, John (June 3, 2004). "Soldiers Facing Extended Tours". The Washington Post. Retrieved 2007-10-15.
{{cite news}}: Check date values in:|date=(help) - ^ Murphy, Dean E (August 18, 2004). "Soldier Sues Over Tour Made Longer". The New York Times. Retrieved 2007-10-15.
{{cite news}}: Check date values in:|date=(help) - ^ http://1stminnesota.net/SearchResults.php3?ID=0218
- ^ >"National Lawyers Guild Military Law Task Force StopLoss". National Lawyers Guild. Retrieved 2006-12-04.
External links
- Eight soldiers plan to sue over stop loss policy
- "troops in Iraq... enlistment has been extended until December 24 2031" - by Rolling Stone magazine, The Return of the Draft 2005
- [3] Iraq Veteran Evan Knappenberger’s Efforts to End Stop-Loss and IRR