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Context of 'April 6, 2005: National Guardsman Sues over ‘Stop-Loss’ Deployment'

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The Pentagon issues “stop-loss” orders for the National Guard. The order prevents Guardsmen whose volunteer commissions expire from leaving the Guard. Once deployed in Iraq or Afghanistan, Guardsmen will be compelled to remain for the duration of their units’ deployment. They can also be redeployed for up to 90 days after returning home from a tour of duty. [USA Today, 1/5/2004; Wilson, 2007, pp. 120]

Entity Tags: National Guard, US Department of Defense

Timeline Tags: US Military, Events Leading to Iraq Invasion

The Army issues “stop-loss” orders forbidding thousands of its 110,000 troops from returning to the US once their tours of duty are completed. Instead, the troops will remain deployed for a minimum of three additional months. The orders affect troops currently deployed in Iraq, Afghanistan, and Kuwait, as well as soldiers preparing for deployment. [USA Today, 1/5/2004]

Entity Tags: US Department of the Army

Timeline Tags: US Military, Iraq under US Occupation

The US Army announces that it is once again issuing what it calls “stop-loss” orders that will prevent thousands of soldiers from leaving the service once their tours of duty are up in Iraq, Afghanistan, and other active-duty deployments (see November 2002 and November 13, 2003). They will now be forced to remain until the end of their overseas deployments, and will remain available for further deployment for up to 90 days after they return home. The Army estimates that the new orders will affect about 7,000 soldiers. Colonel Elton Manske, chief of the Army’s Enlisted Division, explains, “This decision is really being driven by the readiness of units and the absolute intent to keep the units themselves intact down to as low as the squad and crew level, so we are assured of putting the best fighting force on the battlefield.” The commander of the Army’s Accessions Command, Lieutenant General Dennis Cavin, tells a CNN reporter that the stop-loss program is designed “to provide continuity and consistency” for deployed units and to enhance their ability “to execute their mission to the highest degree of their effectiveness.” The Army is also offering re-enlistment bonuses of up to $10,000 for soldiers deployed in Iraq, Afghanistan, and Kuwait. Military analyst Loren Thompson of the Lexington Institute says, “The use of stop-loss is often an indication of a shortfall of available personnel.” [American Forces Press Service, 1/2/2004; USA Today, 1/5/2004]

Entity Tags: Dennis Cavin, Loren Thompson, US Department of the Army, Elton Manske

Timeline Tags: US Military, Iraq under US Occupation

The US Army announces the extension of its “stop-loss” program which means that thousands of soldiers scheduled to retire or otherwise leave the military will be required to stay in Iraq for the remainder of their unit’s deployment. [Associated Press, 6/2/2004] Critics call the policy a “backdoor draft.” [CBS News, 10/7/2004; Seattle Post-Intelligencer, 10/18/2004]

Timeline Tags: US Military, Treatment of US troops, Iraq under US Occupation

Emiliano Santiago.Emiliano Santiago. [Source: Elliot Margolies]Oregon National Guardsman Emiliano Santiago’s lawsuit against his forcible redeployment back to Iraq begins in a Seattle, Washington, appeals court. Santiago spent eight years in the Guard, and his term of duty expired in June 2004. But four months later, the Army ordered him to ship out to Afghanistan. It also reset his military termination date to December 24, 2031. (The 26-year extension was explained by Army lawyers as being made for “administrative convenience.”) Santiago refused to go, and filed a lawsuit naming Secretary of Defense Donald Rumsfeld as the defendant. The lawsuit, Santiago v. Secretary of Defense Donald Rumsfeld, is the highest court review of the Army’s controversial “stop-loss” policy (see November 2002, November 13, 2003, Early January, 2004, and June 2, 2004) to date. Army lawyers say that under the November 2002 “stop-loss” policy, President Bush can “suspend any provision of the law relating to promotion, retirement or separation” of any soldier who is deemed essential to national security in times of crisis. Santiago’s lawyers say in a written statement: “Conscription for decades or life is the work of despots.… It has no place in a free and democratic society.… If the government can break its promises to young men and women like Santiago, then the bedrock of our all-volunteer army—trust in the government’s promises—will crumble.” Many legal observers believe that if Santiago loses in the appeals court, he and his lawyers will push the case all the way to the Supreme Court. Ironically, Santiago is slated to be redeployed to Afghanistan within a week, and may not be on hand to hear whether he wins or loses his case. [Seattle Times, 4/6/2005] Santiago says it is not a matter of politics for him, but of fairness. “If I still had two years or one year left of my contract, I would say, ‘I signed up for it, I’m in,’” he says. “This is not right. [The Army is] not doing what they told me they were going to do.… It’s crazy.” Santiago recalls being told by his recruiter in 1997 that there was virtually no chance of his being sent overseas for active duty. According to Santiago, the recruiter told him, “The only reason the National Guard would get deployed is if there was, like, a World War III.” [Seattle Weekly, 3/30/2005] Santiago will lose the lawsuit, and will redeploy to Afghanistan (see April 15, 2005). [Oakland Tribune, 1/14/2006]

Entity Tags: Oregon National Guard, US Department of the Army, Emiliano Santiago, Donald Rumsfeld, US Department of Defense, George W. Bush

Timeline Tags: US Military, Iraq under US Occupation

An appeals court rules unanimously that Sergeant Emiliano Santiago must redeploy to Iraq under the military’s “stop-loss” program. Santiago filed a lawsuit to prevent his forcible redeployment, saying that he had already fulfilled his eight-year enlistment (see April 6, 2005). He unwillingly returns to Afghanistan today. [Oakland Tribune, 1/14/2006] Supreme Court Justice Sandra Day O’Connor rejected Santiago’s request for his case to be reviewed by the Court. In defense of Santiago, Representative Jim McDermott (D-WA) told the House: “His case—his plight—should be known, and feared, by every high-school junior and senior across the country. The ugly little secret in the Pentagon is that Emiliano Santiago’s voluntary service is now involuntary.” [Seattle Times, 4/15/2005]

Entity Tags: Jim McDermott, US Department of the Army, Sandra Day O’Connor, Emiliano Santiago

Timeline Tags: US Military, Iraq under US Occupation

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