Does the military have the right to void the contract with "free citizens" with a "stop loss" order.

Question

Don't get me wrong. I feel if someone enlists they deserve whatever happens to them. They made that choice. There is no draft. But it does seem to add to their burden to refuse to allow them to separate from the service because of a "stop loss" order.

Answer 1

Well actually, the military isn't voiding the contract.

When you enlist, it is for 8 years, even if your only gonna serve 4 years on active duty.

The contract specificly says the military can keep you on active duty longer than the 4 years.

Answer 2

SO if you think you are being unjustly extended look in your contract it the second page in large print. Be thank full that the President has seen fit to let you go when you get back and the stop-loss is lifted for you unit because he has the authority to keep you for six (6) month after the war ends and so far we are still there. Just in case you lost your copy here is a cut and past off my contract that I signed again for the third time and I am currently on my second deployment. And I have two kids and will be Divorcing when I get home. So if you want sympathy call a priest.

In Accordance to Law and in the contract signed by each and every service member on DD Form 4/7 C. partial Statement of Existing United States Laws 9.For all enlistees or reenlistees: Many laws, regulations, and military customs will govern my conduct and require me to do things a civilian does not have to do. The following Statements are not Promises or guarentees of any kind. They explain some of the present laws affecting the armed forces which I cannot change but which Congress can change at any time.
a. my enlistment is more than an employment agreement. As A member or the armed forces or the United States, I will be
(1) Required to obey all Lawful orders and perform all assigned duties.
(5) C.In the event of war, my enlistment in the armed forces continues until six (6) months after the war ends, unless my enlistment is ended sooner by the president ot the United States.

There is no such thing as Fine Print in an DD Form 4 it is 7 pages long and very clear.

Answer 3

The contract allows the government to keep troops in a time of need and you are normally sighned up for 4 years active 4 years reserve ready to be activated. So in a sence it is simply that they never de-activated you they simply pre-emptivly reactivated you before the contract expired.

By the way i absolutly hate your tone when you say they made there choice and deserve whatever happens to them. Would you prefer if the country was forced to draft people? perhaps unwilling people such as yourself into the army? Or how abotu we do wht so many other countrys do. If you want to be a citizen you HAVE to server x number of years. Perhaps then it would help silence critics such as yourself and give you a better appreciation for those that do make the sacrifice to serve!
I do think tho that a stop loss order will serve mostly to deter even more people from re-uping and might make them simply want to get out when they can as soon as they can.

Answer 4

The government is not voiding a contract or interfering with "free citizens". The contract when you enlist is for some many years of active duty to be followed by "inactive reserve time" to complete the eight yer obligation. Think it is eight now-used to be six. Has been that way for decades as my initial contract was for a six year obligation including four active and 2 "stand by reserve". Many people just don't pay attention or read it since it does not require going to meetings or Active/regular reserve training. Once the obligation time is over then you are free. Retirees are always subject to recall up to a maximum age and with different requirements to be recalled depending on total active, active eserve, and inactive reserve time.

Answer 5

If the original contract grants the military to issue that "stop loss" order, then yes.

All Army contracts are for eight years, starting on the date of signing.

At the convenience of the military, you will be allowed to report for duty at some later date -- e.g. delayed entry program.

And, if things remain the same as they were when you signed, you will be released from active duty usually 4 years later on your ETS date. The acronym ETS is very telling, it means Estimated Time of Separation. It is just that, an estimate.

All 'free citizens' agree when they sign, it is for eight years.

Answer 6

It does not void the contract with a free citizen, because its in the contract. The free citizen freely signed the contract that stated they could be stopped loss.

If it wasnt in the contract, then you might have a point, but since it is in the contract, you dont have one.

Answer 7

Well, you did sign a contract. Ihat said, i don't think they should be able to stop loss you past your original 8 year commitment, except in emergancy situations.

Soldiers shouldn't be stop lossed for Iraq, since the military, congress, and president have had several years to increase force levels and set the appropriate mix of skill sets. If they still need to stopp loss by now, then they have made some very poor organizational decisions for the last 4+ years.

Answer 8

The funny thing is that I was required to read and initial the part of the enlistment contract that discussed 'stop-loss' before signing the contract.

And I bet that if you were to go look at your copy of the contract - you would see your initials in the same place.

Answer 9

ALL contracts are for EIGHT Years, so for those eight years,the military has every right to keep someone past their EAOS.

Is it fair to the others that they are suddenly bereft of support and a battle buddy just because somebody's AD contract was up? what about the guy who depends on you to watch your back? isn't it an unfair burden on HIM as well, to be left in the lurch?

Answer 10

Good question, As I understand it regardless of what you sign up for you get an eight year obligation. Within that 8 years they can change the rules. Going beyond that obligation would seem to me to be illegal.