Soldier who sued not required to report for duty

CNN ^ | 10-25-04

[LouAvul]

NEW YORK (CNN) -- The U.S. Army captain who filed an injunction to block his deployment to Iraq will not have to report for duty Monday, and the military has one week to decide whether to approve his resignation.

Capt. Jay Ferriola, 31, appeared in court for an emergency hearing Sunday to decide his fate. Ferriola says he resigned from the Army Reserve in June after eight years of service, including four years of active duty.

Ferriola received orders last week to report for active duty with the 306th Military Police Battalion in Uniondale, New York. The lawsuit says the unit will serve in Iraq for a year and a half on a "dangerous mission in Iraq."

Ferriola filed a lawsuit against the government, claiming lack of due process, involuntary servitude and breach of contract.

[dwilli]

Every male citizen is obligated to eight years military availibility unless contracts are signed for more.

[alchemist54]

he had already served 8 years on active duty and had turned in his resigination papers two weeks earlier.

[cake_crumb]

Two weeks before receiving deployment orders? Sounds like a red tape sanfu.

[dwilli]

If his contract was fulfilled after 8 years, the government
has no case. They will quietly drop all charges.

I did eight years active duty and it was made quite
clear to me that unless I chose to reenlist the
military would never bother again.

[cake_crumb]

Charges? He was charged? The article says he sued...guess I'd better read the whole thing and find out if he was actually charged with anything.

[dwilli]

He filed suit the way I understand. Kinda doubt the
guv would bring civil suit, they would charge him with
failure to report and send the MP's to get him.

[Levy78]

I totally agree.... I'd LOVE to know how many of the people here insulting this guy for his 'lack of service, chicken-sh*t ways' have actually served in the military themselves?

If you have, don't reply to this saying, "I have, he's a coward" I am curios as to how many HAVE NOT.

F'n armchair soldiers.... I hate them all.

[Levy78]

What divison did you serve in?

[cake_crumb]

It says he filed his resignation last June, was told to hand in his equipment, but that the Army had never made a decision to officially accept his resignation...which sounds like his resignation got lost in the red tape.

The article does not say ANYWHERE that he was charged. It says he sued.

Do you have extra details on this case?

[BlueNgold]

Approve his resignation and send him home.
We don't want or need him.

[cake_crumb]

"Kinda doubt the guv would bring civil suit, they would charge him with failure to report and send the MP's to get him"

Yeah this is true. I have a pounding headache...his can't be the only similar case in litigation right now, and it's a shame CNN got their hooks into it. Bad enough about the weapons cache.

[Even Keel]

Thats kind of how I see it BlueNgold.

We don't need him if he doesn't have the motivation to come back to the military.

If he has served his full obligation there is no reason to send hate his way.

[dwilli]

Sounds to me like the military screwed up and some one filed an injunction to set aside his servitude suit.

Unless the officer had signed on to remain in the reserves I can't imagine the government having a case. I predict it will quietly go away.by mutual agreement.

[Netizen]

Ferriola says he resigned from the Army Reserve in June after eight years of service, including four years of active duty.

He was already OUT of the military. Since the government said he doesn't ahve to go, it looks like Ferriola was correct and the government erred if trting to FORCE him to go when he was no longer in the military. jmho

[jimfree]

He was already OUT of the military. Since the government said he doesn't ahve to go, it looks like Ferriola was correct and the government erred if trting to FORCE him to go when he was no longer in the military. jmho

He was already out if the resignation was accepted and a discharge executed.

[binreadin]

I second that absolutely. This guy has done his duty, and served his time honorably. I'd rather see them reinstate the draft and force those who haven't volunteered for military service go to Iraq. There is no reason the burden should be given only to those who had the balls and patriotism to volunteer in the first place. The military is not a life sentence. (yes, I'm a vet)

[SC DOC]

Old Soldiers Never Die, they just get recalled to Iraq

[strider44]

You're right man. I served 8 years active duty, meeting my obligation and then serving 2 more years to boot (4-year ROTC Scholarship). This guy probably has a legitimate gripe unless he was still being counted on IRR roles. The funny thing is, after being a civilian for 3 years I decided to join the Mass National Guard to start flying Blackhawks again. It took the government over 8 months to get me my Guard commission. If the government had tried to get me back in during my 3 years as a civilian, I'd have bitched too.

[em2vn]

The man fulfilled his obligation. Officers are required to resign their commission even after fulfilling their obligation if they want to be certain of not being called up. I think calling the man names is without basis.

[SC DOC]

Officers are required to resign their commission even after fulfilling their obligation if they want to be certain of not being called up.

After I did 8 years of active duty, I got an unqualified resignation so that I would not get called back. Unfortunately, there are a different set of rules for physicians who can be called up at any time, with or without a draft and with or without physical problems that would preclude service for the general population. For example, I was classified 4-F after taking an induction physical because of a severe motion limitation of my right arm following an accident in college. However after graduation from medical school, the problem was not a barrier to my enlistment.