Soldier Loses Claim that Army Tricked Him
/- The "Try One" Program is not just for One Year of Service!
A federal judge ruled yesterday that the military can
ship an Arkansas soldier back to the front lines in Iraq this weekend,
despite the serviceman's objection that the military forced him to
extend his tour after tricking him into believing he was enlisting for
just one year. U.S. District Judge Royce C. Lamberth said the Army
recruiter may have stressed to David W. Qualls, 35, that he was
enlisting for a one-year hitch, but the contract he signed spelled out
that his duty could be extended against his wishes in time of national
emergency or war. Qualls's attorneys had sought a temporary restraining
order to prevent the Army from forcing him to return to Iraq, accusing
recruiters of "bait-and-switch" tactics to enlist Qualls and others for
Operation Iraqi Freedom. "The whole point is that it was only supposed
to be for one year," said Qualls's lawyer, Jules Lobel. "They better
tell people this clearly and not put it in the fine print." In July
2003, Qualls enlisted in the Army National Guard's "Try One" program,
which is designed for veterans who wanted to try another year of
service or earn a chance for a promotion. Though his tour of duty was
to expire in July 2004, the Army notified him in October 2003 that it
would be extended for at least two more years, and he was shipped out
with his Guard unit to Taji, Iraq, in March 2004. Qualls and seven
other U.S. military personnel serving in Iraq and Kuwait filed a
lawsuit this week in federal court challenging the U.S. military's
so-called "stop-loss" policy, which allows President Bush to force
soldiers to serve beyond their enlistment contracts. [more]
- Dismissed homosexuals to challenge military's 'don't ask, don't tell' policy [more
