[Link].
MUNCELEANU Mihai
Because the modern military is primarily composed of volunteer enlistees,
contract law is just as much of a consideration for military commanders as
combat training or logistics. Every new soldier is contractually obligated
to provide at least eight years of military service, even if only part of that
time is spent on active duty. Eventually a soldier may become part of a
reserve unit until he or she reaches that eighth year or voluntarily re-
enlists. A stop-loss military policy can change all of those circumstances
for certain soldiers during a time of war.
STOP LOSS program is authorized by statute and allows the Millitary Services to
retain manpower by suspending certain laws,regulations and policies that allows
separations from active duty, including [Link] Loss can only be executed during
a Presidential call-up of Reserved soldiers ,partial mobilization and fully
[Link] affected by the order generally cannot voluntarily retire or leave the
service as long are called to active duty or until relieved by proper authority.
The loss of trained soldiers in mission-critical positions following the Vietnam
War spurred the United States Congress to pass legislation which created the
original stop-loss military policy. The power to force a volunteer soldier to remain
in a state of involuntary military service, however, was designed to be
implemented only during times of war or extreme national emergency. Stop-loss
was first used during Desert Storm, the first Gulf War. It has also been invoked
during the Bosnian conflict and during the second Gulf War in Iraq.
Authority for Stop Loss
Stop Loss is not specifically mentioned in law but is
derived from 10 U.S.C. 12305 which states,
in part:
“...during any period members of a reserve component
are serving on active duty...the President may suspend
any provision of law relating to the promotion, retirement, or
separation applicable to any member of the armed forces who the
President determines is essential to the national security of the
United States.”
Advantages
• retains trained, experienced and skilled manpower essential to the national
security of the United States.
• stabilizes units/individuals for combat/contingency operations
• reduces training time prior to deployment
• focuses on critical army shortages
• it generally helps prevail in conflict and avoid the further loss of life because as
a trained unit, this group has functioned together, they’ve lived together,
they’ve fired weapons together, so they will in theory be a more effective
force.
Disadvantages
• once Stop Loss is lifted, there is a immediate negative impact on readiness
as soldier stabilized for combat/contingency operations depart the unit until
upon mission completion
• may create excess end strenght, which could impact accessions, retention
and attrition
• increases MPA costs
• can create soldier/family member hardships
Nevertheless,it seems that U.S. Army is very sensitive
to this policy.
Army Specialist and Iraq war veteran Marc Hall was
incarcerated by the US Army on December 11, 2009, in
Liberty County Jail, Georgia, for recording a song that
expresses his anger over the Army's stop-loss policy.
According to the Pentagon, more than 120,000 soldiers
have been affected by stop-loss since 2001, and
currently 13,000 soldiers are serving under stop-loss
orders.
Anyway,there is hope for U.S soldiers.
WASHINGTON - The Army this
Spatiu pentru
summer will start cutting back on use videoclip
of the unpopular practice of holding
troops beyond their enlistment dates
and hopes to almost completely
eliminate it in two years.