U.S Reservists sue to avoid iraq (?)

Captain Sues to Block Iraq Assignment

NEW YORK (AP) - An Army captain sued the government Friday to block his pending deployment to Iraq, saying he resigned in June after completing eight years of service in the Army and Army Reserve.

Jay J. Ferriola, 31, said in the lawsuit in U.S. District Court in Manhattan that Secretary of Defense Donald Rumsfeld unlawfully continues to exercise control over him even though he properly resigned and was asked to turn in his equipment.

The New York resident has never received a written, official response to his resignation request, said the lawsuit, which asks a judge to process and approve the resignation.

A spokesman for the U.S. Attorney's office declined comment.

Ferriola this week received orders to report Monday for active duty with the 306th Military Police Battalion, which will leave for a year and a half ``on a dangerous mission in Iraq,'' the lawsuit said.

It was not fear that prompted Ferriola to take legal action, but a desire to get on with his life, said his lawyer, Barry I. Slotnick.

Last month, a judge ruled that an Army reservist from North Carolina must report to active duty. Todd Parrish had argued he had fulfilled his military obligation and sent the Army a letter resigning his commission, but the judge agreed with the Army that he could be recalled to duty because he failed to sign a resignation line on a letter asking for an update on his personal information.

10/22/04 23:41

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Admittedly there seems to be more to this than the title line suggests - but interesting none-the-less..... sounds like someone should have paid more attention to the small print!! :lol:
Correct. The IRR [individual ready reserve] controls soldiers who arent serving in a unit. All US soldiers have an 8 year commitment. If they server 3 active then they have 5 in the IRR. After that enlisted soldiers are done. Officers have to officially resign their commision if they dont they are subject to recall.
They should assign him to a Service Bn, to clean hay-boxes

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