| T O P I C R E V I E W |
| The King Of Karaoke |
Posted - 10/23/2004 : 10:03:58
http://www.nydailynews.com/news/politics/story/245275p-210124c.html
Eight is enough
Sues over 'back door draft' after trying to quit army
BY THOMAS ZAMBITO
DAILY NEWS STAFF WRITER
Jay Ferriola, a soldier for eight years, stands outside court where he asked judge to stop Army from sending him to war in Iraq, saying he submitted resignation in June.
A decorated Army captain asked a judge yesterday to bar the military from sweeping him up in a "back-door draft" and shipping him off to Iraq on Monday.
Jay Ferriola, a 31-year-old Manhattan resident, handed in his resignation in June after eight years of active and reserve duty, according to the suit filed in Manhattan Federal Court.
But even though his commanding officer recommended that he be granted a discharge, the military never sent out the paperwork, the suit says, and on Tuesday, Ferriola got orders dated Oct. 8 sending him to war.
Ferriola's suit says the order in unconsitutional and amounts to "involuntary servitude." "I complied with my obligation," he said. "I never intended to make a career of the Army. I want to pursue other careers in civilian life."
Attorney Barry Slotnick said Ferriola, a registered Republican, is not motivated by fear or opposition to the war but wants the Army to uphold the contract it signed with him in 1993. "He has served his country heroically and patriotically," Slotnick said.
Judge Robert Sweet granted him an emergency hearing tomorrow.
The U.S. attorney's office declined to comment on Ferriola's lawsuit but will represent the government at the hearing.
A 1995 graduate of the officer training program at the Virginia Military Institute, Ferriola served as an officer in South Korea's demilitarized zone and in Germany. He won three commendations for meritorious service.
In February 2003, he was called to active duty in Iraq but never deployed. He spent five months with his military police unit at Fort Dix, N.J., and then was released to the reserves. He resigned a year later on June 17, 2004.
On Tuesday he received orders telling him to report for active duty with the 306th Military Police Battalion in Uniondale, L.I., for 18 months of service in Iraq. It's unclear why Ferriola was never formally discharged.
The Army has issued "stop loss" orders that prevent soldiers from leaving the military when their service is up, but Ferriola's suit says neither he nor his unit received such orders.
"At no time prior to his resignation or during the pendency of his resignation was Mr. Ferriola ever informed that he or his unit were on alert or placed under stop-loss," the suit says. "He was asked to turn in his issue equipment and was told that he was no longer required to report for monthly drills."
Ferriola was greeted by a phalanx of reporters outside the Manhattan Federal Courthouse yesterday, but the athletically built soldier charged passed television camera operators and did not comment as he returned to a waiting car.
Originally published on October 23, 2004
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| 3 L A T E S T R E P L I E S (Newest First) |
| Broken Face |
Posted - 03/29/2005 : 06:40:41
ditto - my friend's fiance is over there, as is my cousin's ex-boyfriend, a friend of ms. broken face, etc - its a fucking shame
-Brian
If you move I shoots!
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| kathryn |
Posted - 03/29/2005 : 06:37:45
And well you should, Elephant. I personally know half a dozen people who
have been recalled as part of Bush's backdoor draft.
 I still believe in the excellent joy of the Catholics |
| Elephant |
Posted - 03/29/2005 : 02:10:14
Awww, poor thread - nobody gave you a chance did they? Don't worry, even though you were created in October of last year - I'll still post in you! |
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