ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, March 20, 2008

What We Talk About When We Talk About Supporting the Troops

Recruitment MTV films is releasing Stop-Loss at the end of the month.  Here's a synopsis from the website:

Decorated Iraq war hero Sgt. Brandon King makes a celebrated return to his small Texas hometown following his tour of duty. He tries to resume the life he left behind. Then, against Brandon’s will, the Army orders him back to duty in Iraq, which upends his world. The conflict tests everything he believes in: the bond of family, the loyalty of friendship, the limits of love and the value of honor.

But for those of you who like your media old school, The Nation has published Michael Zweig's "The War and the Working Class"  The essay explores a number of contract issues in connection with the U.S. military's recruitment practices.  These issues include "stop-loss," which Zweig describes as the military reserving "the right to extend the deployment time and active-duty status of every soldier beyond the service dates prescribed in their enlistment contracts and mobilization papers."  According to Zweig, most soldiers were unaware of the stop-loss provision but by 2006, it had been enforced against 50,000 soldiers.  Zweig also reports that court challenges to the enforcement of the stop-loss provision were unsuccessful. 

Zweig also identifies another questionable practice.  The military entices recruits with promises of benefits, such as educational training and signing bonuses but reserves the right not to pay such bonuses if the soldier leaves the military before her or his commitment is over, even if the reason for the soldier leaving the military is severe combat injuries.  This seems like the sort of loophole that a legislature concerned about supporting the troops could easily close, but Congress has not done so yet.

[Jeremy Telman]

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