ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Tuesday, December 7, 2004

Eight soldiers sue Army over enlistment extension

Qualls Eight soldiers have sued the U.S. Army, claiming that the Army's invocation of regulations to extend their enlistments is a breach of contract.  All but one, David Qualls (left, at press conference) filed as "John Doe" to protect their anonymity.  The regulations, known as the "stop loss" policy, was previously used during the first Iraq war.

The Army argues that its contracts specifically incorporate the provision.  An Army spokesperson described the agreement:

It [the contract] says that soldiers may be required to serve on active duty for the entire period of the war or emergency and for six months after its end,  The whole contract is quite explanatory in that if the military needs you during a period of service, war, that you as a volunteer soldier have an obligation to serve.

The lawyer for the plaintiffs is apparently arguing that the soldiers did not have notice of the "full commitment" that might be required.

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