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Iraq under US Occupation

'Stop-Loss' Program

Project: Iraq Under US Occupation
Open-Content project managed by AJB, KJF, mtuck

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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

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

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

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

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

Category Tags: Poor Treatment of US Troops, 'Stop-Loss' Program

A lawsuit, Doe v. Rumsfeld, is filed on behalf of an Army recruit who is being forcibly redeployed to Iraq after nine years of active duty under the Army’s “stop-loss” program (see November 2002). The plaintiff, a reservist in the California National Guard who uses the pseudonym “John Doe” in the lawsuit, claims that since he signed up for only one year of duty, the stop-loss deployment could force him “to return to Iraq for up to two years, and possible continued military service beyond that time.” [PBS, 9/17/2004] Doe is a married father of two and an eight-year Army veteran who served in combat during the 1991 Gulf War (see January 16, 1991 and After). Doe enlisted in the National Guard in May 2003 under the so-called “Try One” program, which allows active-duty veterans to sign up for a year before deciding to make a longer commitment. Doe renewed in February 2004, making his new expiration date May 2, 2005. In July 2004, Doe’s unit was deployed for a 545-day tour of duty, which extended Doe’s time in service by about a year. He says he was told that if he did not re-enlist voluntarily for the extra time, he would be retained under the Army’s stop-loss policy. [Oakland Tribune, 1/14/2006] In January 2006, Doe will lose the case on appeal (see January 14, 2006).

Entity Tags: Donald Rumsfeld, ’John Doe’, US Department of the Army, California National Guard

Timeline Tags: US Military

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

The Government Accountability Office (GAO) issues a report on the Pentagon’s “stop-loss” program (see November 2002). The GAO report says that the Pentagon’s “implementation of a key mobilization authority to involuntarily call up reserve component members and personnel policies greatly affects the numbers of reserve members available to fill requirements.” [PBS, 9/17/2004] Over 335,000 Guardsmen and Army reservists have been “involuntarily called to active duty since September 11, 2001,” the report finds, with no sign that such involuntary deployments will decrease any time soon. The GAO finds that such widespread forcible deployments were done with little consideration of the costs to the reservists and Guard personnel in their private lives—damage to jobs, families, and other aspects—as well as the negative impact such involuntary deployments are having on the military’s ability to recruit new personnel for Guard and reserve berths. [Government Accountability Office, 9/15/2004]

Entity Tags: National Guard, US Department of the Army, US Department of Defense, Government Accountability Office

Timeline Tags: US Military

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

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

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

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

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

A federal appeals court refuses to block the forced redeployment of a California National Guardsman under the Army’s so-called “stop-loss” program (see August 2004). The appeals court finds that the right of the plaintiff, known for purposes of the lawsuit as “John Doe,” were not violated. “[T]he ‘stop-loss’ order extending Doe’s enlistment is a valid exercise of presidential power” authorized by a federal law, and that law neither violates the Fifth Amendment’s requirement of due process of law nor is an improper delegation of congressional power,” writes Circuit Judge Stephen Trott in a unanimous three-judge opinion. Trott also finds that the “stop-loss” order does not conflict with other sections of federal law, and even if it did, it would override such laws. The appeals court upholds a similar finding of a lower court from March 2005. Doe’s attorney, Michael Sorgen, had argued that without a Congressional declaration of war, the president’s power to force soldiers to serve indefinitely violates the Constitutional separation of powers. [Oakland Tribune, 1/14/2006]

Entity Tags: Stephen Trott, ’John Doe’, Michael Sorgen, California National Guard

Timeline Tags: US Military

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

Defense Secretary Robert Gates tells the military to minimize its controversial “stop-loss” program (see November 2002), which forces US soldiers to remain on active duty long after their terms of service have expired. While US Army spokespersons have defended the policy as essential for keeping units intact, critics say it hurts morale and has strong, adverse effects on recruiting and retention (see September 15, 2004). Gates gives each branch of the military until February 28, 2007, to suggest how it intends to minimize stop-loss deployments for both active and reserve troops. [National Guard, 2/2007] Gates’s order will have little real impact (see May 2008).

Entity Tags: US Department of the Army, US Department of Defense, Robert M. Gates

Timeline Tags: US Military

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

A Rapid City Journal article uses interviews with the families of three soldiers to illustrate the harm and suffering inflicted on military personnel and their families by the Army’s controversial stop-loss program (see November 2002 and November 13, 2003). One of the three soldiers is Sergeant Mason Lockey, who has been forced to redeploy to Iraq due to stop-loss. Lockey saw his daughter Brianna for the first time about three weeks after her birth, in November 2006; he took part in her delivery via cell phone from Iraq. He had planned on returning home on July 19, 2007, a year after his deployment, in time to help her learn to speak and walk. Instead, under stop-loss, Lockey is forced to remain in Iraq until at least October 15, and perhaps longer.
Three Sons in Service - Deb Halen-Boyd, whose two sons served in Iraq as Army troops, calls the stop-loss program an example of the government breaking faith with its soldiers. “You fulfill your obligation, you should be done,” she says. “They’ve done what they’ve signed up to do.” One of Halen-Boyd’s sons has had to remain in Iraq due to stop-loss. She had a third son in the Army who died in a truck accident in Minnesota; her fourth son has now enlisted in the National Guard, with the government’s promise that he wouldn’t be deployed. But Halen-Boyd doesn’t believe the government will keep its word. “Nothing with the Army is a guarantee,” she says.
Missing Daughter's First Three Years - Barb Pierce, whose son Ryan served in Kosovo and twice in Iraq as a member of his Army unit, agrees. “It should be fair.… They’ve done their part. Let them come home.” Sergeant Ryan Pierce has been forced to remain in Iraq due to the stop-loss policy until at least January 2008. Pierce missed the birth of his daughter and the death of his wife’s grandmother and aunt. He was unable to attend his grandmother’s funeral. He has missed every wedding anniversary. He has missed two of his daughter’s three birthdays.
No Re-enlistments, Anger at Government - None of the soldiers cited in the Rapid City Journal article plan on rejoining the Army after they are finally allowed to come home. Vanessa Lockey, whose husband has six more years to go on his re-enlistment, says, “Mason and I are strong Republicans, but it is hard to support a government that is willing to do this to a family. How is it fair?… Mason’s very supportive of the military. We grew up military, we love the military lifestyle, and we were very pro-Bush and that, but the more you see them acting like these soldiers are nothing but a game to them… it’s just hard to support that and know that’s who you’re defending.… It really does feel like they forgot about us.… I’ll support [President] Bush when he sends his daughters to Iraq.” Barb Pierce echoes Halen-Boyd’s sentiments. She is proud of her son’s service as she is of other soldiers’ service. She is proud to be an American, she says. But, “I want to be proud of my country, too. And right now I’m not.” Halen-Boyd wears a bumper sticker on her car that reads, “‘We Love Our Troops. Bring Them Home.” [Rapid City Journal, 7/24/2007]

Entity Tags: Ryan Pierce, Deb Halen-Boyd, Brianna Lockey, Barb Pierce, George W. Bush, US Department of the Army, Mason Lockey, Vanessa Lockey, National Guard

Timeline Tags: US Military

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

Regardless of the intention of the military to “minimize” its controversial “stop-loss” program (see November 2002 and January 19, 2007), which forces US soldiers to remain deployed in Iraq or Afghanistan for months after their term of duty has expired, the number of soldiers affected by the policy has increased by 43 percent in the last year, and Army officials say the stop-loss program will remain in effect through at least the fall of 2009. Some officials say that the number of troops affected by stop-loss orders will fall as “surge” troops (see January 10, 2007) redeploy. Currently, over 12,230 soldiers are being prevented from returning home even though their commitments to the Army have expired. That number was 8,540 in May 2007. Since 2002, about 58,000 soldiers have been affected by stop-loss policies. “As the [war zone] demand comes down, we should be able to get us weaned off stop-loss,” says Lieutenant General James Thurman. Stop-loss policies forbid active-duty soldiers within 90 days of retirement or obligated service from leaving the Army if they are in units alerted for deployment. Reservists and National Guard members are barred from leaving if their units have been alerted for mobilization. Though Defense Secretary Robert Gates ordered the Army and other branches of service to “minimize” their use of stop-loss, the number of soldiers affected has increased since Gates’s orders were issued in January 2007. [Army Times, 5/5/2008]

Entity Tags: US Department of the Army, James Thurman, US Department of Defense, Robert M. Gates

Timeline Tags: US Military

Category Tags: Military Operations, Poor Treatment of US Troops, 'Stop-Loss' Program

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