Can soldiers be forced to stay beyond their enlistment contract during times of war?

Question

If they can, does it have to be an officially declared war? Are the people currently serving in the military forced to keep serving against their will? Not just for a few months to complete a tour, but are they forced to continue serving for years?

A friend of mine who used to be in the reserves said that they can be forced. This is news to me and I'm wondering if it's true and if so if it is happening now.

I wish someone would answer about how wide spread the practice is. It’s horrible, if it's true that it’s up to 30 yrs. People can change drastically in that amount of time. It must not be wide spread currently because none of the people I know who have served previously have been called back. I also know of someone who went to Iraq and went inactive for a year and then signed up voluntarily again.

It's still not right that you can be forced into a commitment for 30 yrs. 5 or 6 yrs should be the max. Maybe the stupid politicians on both sides should look into changing this. At the very least there should be some type of sunshine law about how many currently serve from involuntary extensions. Bush hate mongers should try and realize that blaming him for everything only makes their argument weak and simple-minded. He did not make these rules and he is not the only one who supports the war. If you want to change people’s minds offer alternative solutions.

Thanks Sgt K! - for your answer and your service. Thanks to the rest of you who serve or have served (even the Bush Bashers). You read my mind Sgt K because I posted the above while you were posting your answer. It sounds like from what you say that it may be common to do it if your unit is already there or about to go, but is it if you have been out for a year or more?

I’m very interested in this issue and hope you come back to answer. I may have to e-mail you if you don’t.

Tommy B - thanks for the clarification - you kind of negated what you said before about Bush being shameful. How can he be shameful because of this policy when he didn't make it and his admin rarely uses it?

The 30 yr thing is not something I'm defending, it was said by someone below you who is also in the service. I do remember that a woman I used to work with was worried about her husband getting called back because they got a letter saying he could be even though he had been retired for a few years. So I think there is more to it than the 8 year thing. I don't really know who is correct because no one provided any "proof".

Sounds like it doesn't really matter that much because it's rare either way. I still think it shouldn't be longer than 5 or 6 years.

Answer 1

No only can they, they do so on a regular basis. And stop loss has nothing to do with the eight year commitment people are talking about.

In the Army National Guard, stop loss generally occurs for an entire unit within 90 days of deploying and is in effect until 90 days after a unit returns from deployment. Anyone tasked to deploy is generally going on the deployment unless he or she can produce one helluva good reason why they shouldn't.

Case in point. I have 15 years in the military - both active duty and National Guard. My contract expired on February 6th, 2007 - and I fully intended to get out of the military for a couple of years to take care of some personal business. I came down on the list to rotate back to Iraq and was placed on stop loss. We arrived in Iraq on Feruary 14th, 2007 - a full week AFTER my contract expired.

I have since re-enlisted for six years partyly because I love the Army, partly because I love my country and partly because I got a huge tax free bonus to do so. But not only can they hold people past their contract expiration date, they have done so every day since we set foot in Iraq.

Have a GREAT Army day!! Hooah!!

Answer 2

Yes , they can.. In the Air Force it is called Stop Loss and applies to specific job specialities, and to make a long answer short they make you stay in military even though your enlistment is over, typically because there is a critical manning shortfall in that specific career field. There is also reactivation, when someone seperates from the military, they 99% of the time are automatically put into the inactive Reserve, which if the Department of Defense ever needs them they just activate them back to active duty status

Answer 3

Yes its called a "stop loss" it is used to hold people that are need in position that might be short on personal. Every single person that enlist for the first time signs an 8 year contract. In there it will state your active time and your inactive time. So lets say you enlist for 3 years than you will have 5 years of inactive time that you can be called back with at anytime that the branch may need extra personal.

Answer 4

The answer is yes they can keep you beyond your date of seperation. Generally speaking it has to be authorized or ordered by at a minimum by the service secretary, for example, Secretary of the Army.

As a correction to the 8 years contracts comments. The length of you enlistment depends on the contract that you signed up for and the branch of service. The Air Force has 4 and 6 year contracts. All branches have what they call a National Service Contract. This is where you enlist for 2 years active duty and then you are discharged into the inactive reserves for either 4 or 6 years.

When a person is discharged and you sign you discharge paperwork, it does state that you can be recalled to active duty at anytime up to what would be your 30 year mark. For instance you sign up for 4 years in say 2008 and then you are honorably discharge in 2012, but you have a service commitment up to 2038. However your chances of being recalled after 5 years are less, but it has happened.

When Desert Storm kicked off I knew of a Army Corpman that served in Viet Nam. He was a Medal if Honor Recipient. He was recalled for Desert Storm. And another Viet Nam Vet I know was in Special Forces on the Mekong Delta during Viet Nam, he was awarded the Purple Heart twice and the Bronze Star, he was recalled for Desert Storm.

It's not slavery its service to your country. It may sound harsh but that is the law and has been for along time.

As far as WWI and WWII, there was not any rotations. They went over and stayed until the end of the war or they came home either wounded or dead or their enlistments were up. But from what my dad had told me about WWII was they were on point systems. You earned points to come home. Anyone going back volunteered. And during WWII there were alot of volunteers.

Retired AF VET

Answer 5

Yes. When you orignal contract is up, be it 2 or 6 years, you have 2 remaining that place you in the IRR unless you go into the guard or reserve. If in the guard, and you have 6 months left, you can be reextended automatically for up to 18 months under the new policy just signed. You also got to remember that the age was recently raised to 42 if I recall correctly, as I myself have been placed on notice.
Remember, we gave the president that right among other rights under the Patriot Act.

Answer 6

Yes, they can. The military can invoke what they call a "stop loss" policy during wartime and involuntarily extend service members who otherwise would have separated from the military.

I served in Operation Desert Shield/Storm, and had a friend in my unit who was extended during that time. He served with us there, then was allowed to separate when that conflict ended.

It is stated in the standard enlistement contract that the government can do this. And yes, it is being done right now due to the conflict in Iraq/Afghanistan.

Answer 7

Yes, absolutely.
All enlistees have an 8-year obligation. Their contract clearly spells out that they may be subject to involuntary extension of their active duty or recall from inactive or reserves at any point in their full 8-year term.
It sucks, but its right there in black and white. And there need not be war, declared or not. It is entirely at the discretion of the President, Sec. of Defense, etc...

robert r: It isn't slavery, it's indentured servanthood. And voluntary servitude at that; no one was drafted, all were volunteers with a legal contract. It is shameful that the military is exploiting this "fu%k-you" clause in the contract, rather than spending the dough to entice veterans to re-enlist or enlist new recruits, but it is completely legal. Bush will be branded with this shame forever; stabbing America's most noble volunteer citizen-soldiers in the back.

Edit: POI POUNDER -- who t.f. told you 30 years?
It has been explained repeatedly here that EIGHT YEARS is the standard commitment. I challenge you to provide documentation of ANY soldier who has been compelled to serve for more than their 8-year term. For that matter, show me any four-year enlistee who has been forced to serve all eight on active duty against his will. That is possible, legal and rare.

Answer 8

Yes thry csn be forced
No it is not just declard war
It is for up to two yearsz
During the first gulf war (Desert Storm) it was service wide not individually

Answer 9

yes. All contracts are for EIGHT Years, regardless of Active Duty Commitment. the military can stop Loss them up to that eight year total.

BTW.. in WW1 and WW2.. you didn't get out until all the fighting was done. people were spending 5 years deployed.

Answer 10

It is true, and war does not have to be officially declared. I had a platoon Sgt that was getting processed for retirement, and they yanked his paperwork and made him stay before Desert Storm was even officially started.