Stop-loss policy

The stop-loss policy, in the United States military, is the retention of troops to remain in service beyond their expected term of service. It has been argued that soldiers contractually agree to partake in stop-loss, but this may or may not be the case, and the issue is still being debated, both in public and in federal court. Stop loss was created by Congress after the Vietnam War. Stop-loss has been justified on the legal basis of paragraph 9(c) which states: "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 of the United States" but which has not been reviewed in full by a federal court system.

The use of this provision has been criticized by many as abuse of the spirit of the law, due to the fact that Congress has not yet declared war and that in the current situation, it is unlikely to ever have a conventional end.

Stop-loss was first significantly used just before and during the first Gulf War. According to a military publication[1], "the Army last used stop loss during Operation Desert Shield/Desert Storm in 1990 when President George H. W. Bush delegated stop loss authority to the defense secretary." Since then, it has been used more extensively; since 2001 primarily after the national State of emergency declared by President George W. Bush

Stop-Loss, as well as the practice of Involuntary Extension, have been extremely controversial. Called by many including former presidential candidate John Kerry a "backdoor draft."

The first legal challenge to this policy came in October 2004, with a lawsuit challenged by an anonymous National Guardsman in California, referred to as "John Doe." A basis for the suit is that stop-loss does not apply to the current situation in Iraq, which is a military occupation and not a war zone. Another argument used in the case is that it broke the contract of the guardsman, as he had already fulfilled his IRR obligation.

The first legal challenge to the extension of term of service of military call-up or contract occurred during the American Civil War, when a soldier was courtmartialed by Secretary of War Edwin Stanton himself.

Secretary of Defense Robert Gates, as one of his first acts in his position, penned a memo compelling commanders to "minimize" the stop-lossing of soldiers.

The United States Department of Defense now has begun a program to replace the stop-loss, as it is "too controversial". The new program, known as Involuntary Extension, is a circumvention of stop-loss, and simply changes the ETS [end time service] date on a soldier's account.

The Army claims that enlisted soldiers facing stop loss can now voluntarily separate from the United States Army by request, under provision 3-12, but this is deceptive because only after they complete an involuntary deployment of twelve to fifteen months and 90 days "stabilization time" can they apply.

Iraq Veterans Against the War, an activist organization of former and current service members, in solidarity with former Specialist and Iraq vet Evan Knappenberger, has announced a national "Stop the Stop-Loss" campaign at a recent press conference where they were holding a week-long vigil in a tower erected on the National Mall in Washington, D.C.

See also

• Conscription in the United States

External links

• Stars and Stripes article (see 2/3 down - "Stop-loss suit")
• Eight soldiers plan to sue over stop loss policy
• "troops in Iraq... enlistment has been extended until December 24 2031" - by Rolling Stone magazine, The Return of the Draft 2005
• [2] Iraq Veteran Evan Knappenberger’s Efforts to End Stop-Loss and IRR

• 10 U.S.C. § 12305 (enabling stop loss)

• Edward A Stevens, First Minnesota Volunteer Infantry Regiment