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Army Officer sues U.S. for deployment

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posted on Oct, 23 2004 @ 04:19 PM

NEW YORK (Reuters) - A U.S. Army Reserves captain who resigned in June after completing his agreed-upon term of service has sued the government for trying to force him to return to active duty for deployment to Iraq.

Jay Ferriola, 31, of New York filed suit in Manhattan federal court on Friday seeking an injunction blocking the Army from enforcing an order returning him to active duty on Monday. The case names Secretary of Defence Donald Rumsfeld and others as defendants.

The suit charges that the Army's order, dated October 8, violates Ferriola's Constitutional rights against "involuntary servitude" and is a breach of his contract with the military. An emergency hearing was set in the matter for Sunday.


No, he doesn't want to be a fodder monkey anymore. Hopefully, he won't have to put up with yells of Traitor and Anti-American when it's all done. By the same people, who have never been to Iraq or fought in a war.

Either way, I support this guy and just thought some people would like to know that their are a lot of people who don't want to go back.

posted on Oct, 23 2004 @ 05:19 PM
umm...correct me if I am wrong ,but outside of actually retiring from the armed forces, anyone who leaves the armed forces after say a 4 year contract (example only) is obligated to remain on the reserve callback status for I believe 5 years.( length may be wrong) I did notice he was reserve tho...that may be different.

[edit on 23-10-2004 by Fastmover01]

posted on Oct, 23 2004 @ 09:29 PM
These guys should really read the fine print when they join hey?

No name calling from here btw just stating the bleeding obvious.

posted on Oct, 23 2004 @ 09:33 PM
He sent in paperwork for a resignation, and is suing because the army didn't process his paperwork in a timely manner. His C/O even recommended him for resignation. It's in the article....

posted on Oct, 23 2004 @ 09:37 PM
Acutally, as an officer you are given a commision. You can resign your commision at any time, given you have worked out any obligation for tuition (2 years of service for 1 year of scholarship). However, after resigning your commision, you are obligated to be called back to service for an indefinite time due to needs of the Army. Sucks to be an officer for that respect.

It isn't like he enlisted for a contract and was pulled back. Once you are given a commision, the Army owns you.

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