Headline: Soldier To Sue Military After 5th Army Deployment?

John T

Sorry, ya can't sue the military.

As much sympathy as I feel for him to have 4 deployments behind him, this is what we sign up for. This is the job, not to go to college. Higher education is a benefit and encouraged but not guaranteed, certainly not during a war.

And to take that route, dishonors his previous service. There are correct and incorrect ways to address issues and *this* was the wrong way.

Yes, the financial aspect is different between Active and Reserve components. A unit commander might make more money on active duty than in civilian life and a private may make significantly less. (or vice versa) That depends on the civilian job they have. Worse yet, a reservist/guardsman might be a business owner and cannot 'get his job back' but neither of these *appear to be* the case in this one. He's a college student, which means he spending rather than earning money.

Another point on the house thing. The Soldier and Sailors Relief Act (recently renamed) prevents this. The moment he is called to active service, the creditors are prohibited from repossesing it and are *required* to lower his interest rates if he can prove that he made more in civilian life than the military. He still has the responsibility to pay his bills on time.

Magic 8 Ball: The Witch is In

That is a tough one. I am leaning toward that he signed up after Sept 11 and although 5 deployments is a lot, he did volunteer.

Rawbert

He signed the contract. He goes.

tlewingdon

He signed the papers and he didn't have to stay in. This is what they constantly tell you to be prepared for. They give you free classes on budget management and your rights under the law for soldiers. They won't lose their house IF they do things right. Every unit is supposed to have support groups to assist as well. They need to seek out their support system - for the Army lookup Army Community Services. There are also Family Support Centers setup around the country where bases are considered to be too far away to assist the families of deployed soldiers. Also many many services, clubs, employers provide additional benefits for families of deployed soldiers. They need to start knocking on doors and start with the commander's.

rapger54

I understand that he does not want to leave his family. However, he signed up in 2001. He is not the only soldier
that has been sent back at least 5 times. As far as his home
will be ;lost, I think he could get help with that. He and his wife need to talk to JAG. Yes he will have to put his education on hold- but again- he knew when he signed up what could happen. I do not agree with this war, but fact is fact- he signed on the dotted line.

SFC Tommy

First of all, the soldier can only be deployed that many times if he is active duty. Reservists and National Guardsmen have limitations on their deployments, generally once every two years (although that is changing). This Soldier is a reservist, so about the only way he could have been deployed that often is to have volunteered for combat tours or done a series of very short deployments instead of the usual 12-15 months.

Second, if he is a reservist he would only face financial difficulty is he was making a ton of money as a civilian (doctor, lawyer, etc) already, and MD's in the reserve component only deploy for three months at a time.

Finally, military pay is nowhere near as bad as people think. An E7 with 20 years in is making about $70,000 a year in pay and allowances, plus special pay and tax-free status for going to combat. even a lower ranking Soldier, like a 22-year-old E4, is making over $30,000 a year if he or she is married. Officers often make over $100,000 a year. The Soldier in question is has been in for less than 6 years, so he's probably making around $35-$40k if he's an enlisted man, $50-$60k if he's an officer.

Regardless of one's views on the war, people should get the facts before making a judgment. And Soldiers generally can't sue the Army over duty assignments.

John S

for one thing the problem of losing his house is bull, he will get paid twice as much for deploying than he will for staying home, he did sign the contract and it is his duty to go if his unit doesn't have enough people to rotate the others home, i think he is just trying to get out of going and wants to make a big deal out of it on the news

Clown

That is such BS!!!! I did 5 tours and I am damn proud of my service. That guy is a coward!

mevadus

It's to bad that today's youth aren't enlisting into the Military like they were before. I think this month alone the Army was 7500 people short of their goal for recruits. Unfortunately his lawsuit will not stand in court. When signing your enlistment papers, we all sign a document stating that we are not able to file lawsuits against the Military or anyone in it for military related reasons.

hanibal turkey

it is extremely hard to leave the first time i can kinda see his point although he has been in th military long enought to do 5 deployments. that means that he has atleast reinlisted once perhaps twice and knew what he was getting into. if he didnt want to be deployed again he shouldnt have reinlisted. i know a couple of soliders that have done 6 tours right now they love their job they are sick and tired of geting deployed too but they know what they signed for.

Barry auh2o

You must understand..There was no obligation for him to join,. there is no draft, there hasn't been for years and years.
The flip side of this, is, the reserves are no longer a weekend a month of playing soldier and a 2 week beerbash in the summer.
I don;t blame him for not wanting to go again, but the needs of the army come first.
Those who join for the benefits should be fully aware of the obligations.

seachelle38

I agree that 5 deployments is a lot. There are soldiers that have done more and done less. He is a reservist and he did sign a contract for 8 years. He has an obligation to complete the contract. As a reservist it is easier for him to get out of his contract although I believe the underlying problem is that he has received bonuses and benefits ( possibly educational) that he would have to pay back if he stopped going to drills. As far as the financial thing... Some larger companies have programs to cover that. Countrywide Home Loans had a program that filled the gap. So if an employee made 3K a month and was deployed with the reserves or national guard and their pay was only 2k a month Countrywide paid the employee 1k a month of their salary so they had no loss of income. This soldier is also eligible to seek assistance from his creditors under the Sailors and Soldiers Civil Relief Act of 1974. Not all creditors participate, but those that do either stop payments during deployment or reduce interest rates or stop interest from accruing and require no payments. Plus the money he earns from the government during deployment is free from taxes, his family will be covered under Tricare Insurance. His pay includes Base pay, housing ( since it will be for longer than 6 months) and immanent danger pay. I see this as he simply doesn't want to go, but he got some benefits for enlistment and knows if he doesn't he will have to pay back those benefits. I don't think he has a case.

He signed on the line he does his time. Even if it means another deployment.

tom l

Sorry to say that he isn't going to get very far. It is against the law for a solder to sue the army. US Supreme Court decision: U.S. v. Stanley

NONAME

should have thought things through before signing up?

Annony

A lot of people are signing up (especially recently) for the completely WRONG reasons. A lot of kids decide to sign up to get "free school" or "steady job" and the reason they SHOULD be signing up is to serve their country, NOT those other "perks". He DEFINATELY shouldn't be suing the military because he's having to be deployed AGAIN, that's what he signed up for... so sad but too bad really...

BobW

He doesn't have a leg to stand on, legally speaking. He signed the contract agreeing to do what the Army said and go where the Army said go. The military has programs that address financial hardships incurred by repeated deployments. As far as quitting school goes, cry me a river! School is something you do on your own time. The military is NOT obligated to provide you with time to get a degree. They will, however, assist you with the costs of higher education. I have absolutely no sympathy for this guy. I have done 12 tours since 1991 to various locations in the region. I don't recall ever being able to take my family with me. I do recall being able to attend classes while deployed. The University of Maryland and several other colleges offer classes at all but the bare bones locations. As far as his house is concerned, the guy joined the reserves knowing full well that when he's on duty, he won't get near the same pay as his civilian job. Call-ups happen. He might try making some sort of arrangement with the mortgage company. They might be willing to lower the payments for the duration of his deployment. Also, you make it sound like going over there is like a meat grinder or something. The VAST majority of people who go there come back without a scratch. There is a chance of being killed or injured, but no more than driving on the freeway on the way to work.

Bottom line: This guy needs to get out. We don't need him.

Sean C

I had to put my education on hold to go over there too, and you know what, the deployment actually Helped me get jobs when I finnaly did finish (just this past spring) The money Issue? Unless he was making 60,000 a year in the civilian world (which as a college student full or part time is not as likely) he will be making less, but at the same time like others have said there are legalities that help deployed soldiers keep their assets and there positions in tact while they are away.

Yeah I only went once, and completed my contract before having to go again, but you know what? if I were still in and I did have to go again. I would. Yeah it's dangerous and I have loved ones too, but I would have done it because I knew what I was possibly going to get into when I signed that paper.

Once he's discharged, he can use the generous G.I. Bill to help pay for college. (Although NG and Reserve GI BIll isn't as much as Active Duty but it's still a big help.)

I dont know what else to say that wasn't already said.

azawalli

This situation is the result of two problems. First, America's military needs exceed that of what is possible to address with a volunteer army. Secondly, the U.S. has historically undermanned its military adventures and hoped that technology would make up for the shortfall. In World War II, the U.S. only had 800,000 infrantymen on the ground, and the average length of services before someone was given rest was 189 days. Even Germany, which was losing the war on both fronts, was able to remove troops from the front for rest more frequently. The Americans are just poor planners, and the word "plan" could not possibly apply to Irag.

Justice35

Honest I dont think he can sue the Army but maybe his wife can on his behalf...

Its a job its what we signed on to do.. I knew I joined during war time I knew I could get deployed , the Army isnt a way for people to get rich so if he cant pay bills while being deployed they had money issues before the deployment...

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