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Mephisto2 · 10-24-2004, 11:28 PM

Quote:

Soldier files suit to avoid Iraq tour
BY PATRICIA HURTADO AND PETE BOWLES
STAFF WRITERS

October 23, 2004

A New York City man who says he has completed his eight-year military obligation to the Army -- described by his attorney as a "true patriot" -- filed a federal lawsuit Friday seeking to block his deployment to Iraq.

Jay J. Ferriola, 31, a former football player at St. Francis Prep in Fresh Meadows, alleges that although he submitted his resignation papers in June the Army notified him this week that he is still in the service and ordered him to report to duty on Monday for assignment to Iraq.

"He's done his tour of duty," said Ferriola's attorney, Barry Slotnick. "He's been in Bosnia, he's been in Germany and other countries. He's a true patriot, and his career with the Army is over."

Ferriola charged in a lawsuit filed in U.S. District Court in Manhattan that the Pentagon and the Department of the Army had violated his due process rights and was forcing him into "involuntary servitude" by dispatching him "on a dangerous mission in Iraq."

U.S. District Judge Robert Sweet, who received the lawsuit late Friday, scheduled an emergency hearing for 4 p.m. Sunday. The office of U.S. Attorney David Kelly, which represents the government, said it had no comment and would file court papers during the weekend.

In his lawsuit, Ferriola said that he enlisted in the Army as a student at Virginia Military Institute and that he had received three commendations for meritorious service during his four-year tour.

He completed his active service as a captain in 2000, receiving an honorable discharge, and joined the Army Reserve for a four-year term.

He said his Reserve service expired Feb. 26 -- while he was attached to the 306th Military Police Battalion in Uniondale -- and that he submitted his resignation papers in June. He said his commanding officer recommended his resignation for approval.

But without explanation, Ferriola said, the Army did not accept his resignation and on Oct. 19 ordered him to report to his Uniondale unit on Monday and be prepared for an 18-month assignment to Iraq.

Asked by reporters if he is afraid of serving there, Ferriola said: "Not at all."

"I complied with my eight-year obligation," he said. "I never intended to make a career of the Army. I wanted to pursue other careers in civilian life."

Slotnick said Ferriola is fully employed but declined to state his occupation. "He's decided to go into private life, start a family and do other things," Slotnick said. "He is at this point not a member of the armed forces. He is a civilian now. Certainly he has the right to resume his life."

Ferriola is not the first soldier to seek relief in the courts. Because of the war in Iraq, the Army has extended the enlistments of thousands of active-duty soldiers and members of National Guard and Reserve units.

The so-called "stop loss" extensions have sparked a number of pending legal challenges across the country. Democratic presidential candidate John Kerry and other critics have labeled stop-loss orders a "backdoor draft" and called them evidence that President George W. Bush's Iraq strategy is flawed.

Slotnick said his client is a victim of the extension policy. "The Army can't go out on the street corner and say, 'You're in the Army now,'" he said. "This backdoor draft will be determined by the voters."

Copyright © 2004, Newsday, Inc.

What do board members think of Ferriola's action?

Is he indeed, as his lawyer claims, a "true patriot"? Alternatively, is this the thin end of the wedge with regards to conscription?

Mr Mephisto