Veteran Sues After He Receives Duty Order (Discharged 13 Yrs Ago)

HONOLULU -- A veteran of the first Persian Gulf War is suing the Army after it ordered him to report for duty 13 years after he was honorably discharged from active duty and eight years after he left the reserves.

Kauai resident David Miyasato received word of his reactivation in September, but says he believes he completed his eight-year obligation to the Army long ago.

"I was shocked," Miyasato said Friday. "I never expected to see something like that after being out of the service for 13 years."

His federal lawsuit, filed Friday in Honolulu, seeks a judgment declaring that he has fulfilled his military obligations.

http://www.newsday.com/news/nationworld/nation/wire/sns-ap-reservist-lawsuit,0,5251562.story?coll=sns-ap-nation-headlines

i wonder if they'll dig him up to serve again?

I hope he remembered to resign any officer commission, if he had one.

Long out, holding a job, teenagers, and they want him to go to Iraq.

At least it may delay the inevitable for awhile.

He's an air marshall now, so they are eating out our "security"
some more for the Iraq boondoggle. I just hope he comes back.

Everyone here at DU is pulling for him.
My nephew just finished Marine boot camp a couple of weeks ago. It's just a matter of time before they ship him over there.

I have some others caught up in the meat-grinder too,
but they look safe enough, Air Force and stuff.

If it was Bush, STFU. That's my new mantra. If it was Kerry, power to him.

Send all the dumbasses who voted for Shrub. It would be interesting to know who he voted for.

It would be nice to have the Bush voters walk the walk to Iraq!

enforced "reinlistment" soldiers at least voted for Kerry.

It would be interesting to see..I really didn't hear much about the military vote like last time..what with the voter fraud in Ohio and Florida.

Less Repukes on the planet.

If he voted for Kerry -- I hope he wins.

going after the honorably discharged 13 years after the fact. How long before civilian conscription?

:wtf:

...is his seven month old daughter, Abigail...



of course the other reason is just as good...

http://starbulletin.com/2004/11/06/news/story3.html

<snip>
Seitz noted that the Army has no claims to Miyasato because he served as a soldier whose enlistment ended in 1996. Unlike officers who serve indefinitely until they resign their commission, Miyasato has finished his commitment, Seitz said.

After 1991 and while he was in the inactive reserve for five years, Miyasato said he would have been willing to serve if he had been recalled then.

"Being out 13 years now and eight since my obligation ended," Miyasato added, "it was something I never thought of."

Miyasato said he also believes he shouldn't have been placed in the Individual Ready Reserve where 4,166 soldiers received mobilization orders in July nationwide. Of those, 843 have neither reported nor asked for a delay or exemption, according to the Army.

Members of the Individual Ready Reserve are rarely called to active duty. The last time was 1990, when nearly 20,000 were mobilized. They are people who were honorably discharged after finishing their active-duty tours, usually four to six years, but remained for the rest of the eight-year commitment they made when they joined the Army.

Seitz added: "As a legal matter, he served his enlistment commitment. It was an eight-year contract. It's done."
<end>

I wish David the best of luck in this... he's served his obligation, served proudly and honorably, and the Army should stay out of his life...

Or is this happening to alot of people? How can they make you serve after you've been discharged for 13 years?

I believe it will take a law suit that goes all the way to the USSC before they are slapped down on this. But then they OWN the extreme court, so even that may not work.

That places the court in a real bind. If they support the bushies that puts ALL contract law in doubt. It would mean that any contract could be cancelled by one party at any time, and that would mean the end of any agreed on commercial transaction. So they may HAVE to find for the plaintiff or destroy all economic and legal contracts.

Let them try to re-enlist me. Fuck that.

Seriously, let's call it what it is - A FUCKING DRAFT.

They have no right to call this guy back into service. It's total bullshit! No, it's total BUSHIT!!!

I mean, he's still got at least 2 years left on his committment to the Armed Forces ... :evilgrin:

I'm sure there's some soldier in Fallujah who'd gladly come home to make room for him.


:hippie: