Bill Text: MO HCR31 | 2010 | Regular Session | Introduced
Bill Title: Urges Congress to end or strictly limit the application of the Department of Defense Stop Loss Program which involuntarily extends the active duty service obligation of military personnel
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Veterans (H) [HCR31 Detail]
Download: Missouri-2010-HCR31-Introduced.html
SECOND REGULAR SESSION
House Concurrent Resolution No. 31
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ROORDA.
Whereas, after the Vietnam War, the United States Congress created the stop loss program, which is the involuntary extension of a military member's active duty service under his or her enlistment contract in order to retain military personnel beyond their initial end-of-term service (ETS) date; and
Whereas, this stop loss program has been used in the first Persian Gulf War, during military deployments in Somalia, Haiti, Bosnia, and Kosovo, and during the September 11, 2001, terrorist attacks and the subsequent War on Terror; and
Whereas, every person who enlists in a branch of the United States Armed Forces signs an initial contract with an eight-year service obligation. The enlistment contract for an active-duty member generally stipulates an initial period of active duty from two to four years, followed by service in a reserve component of the United States Armed Forces for the remainder of the eight-year obligation. Service members whose retirement or ETS obligation date falls during a period of military deployment are generally involuntarily extended until the end of the deployment of the member's unit; and
Whereas, while the stop loss program has been challenged several times, the federal courts have consistently found that military service members contractually agree that their term of service may be involuntarily extended; and
Whereas, the stop loss program is founded on federal law, 10 U.S.C. Section 12305(a), which states:
"...the President may suspend any provision of law relating to 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"; and
Whereas, in addition, the Armed Forces Enlistment Contract states: "In the event of war, my enlistment in the Armed Forces continues until six (6) months after the war ends, unless the enlistment is ended sooner by the President of the United States."; and
Whereas, the use of stop loss service has been criticized by activists and some politicians as an abuse of the spirit of the law, on the basis that Congress has not formally declared war, such as in the case of the Iraq War; and
Whereas, while challenges to the involuntary extension of a soldier's enlistment date back to the American Civil War, the first legal challenge to the contemporary stop loss program came in August 2004 with a lawsuit by a California National Guardsman. The Guardsman argued the military breached his enlistment contract by involuntarily extending his term of service. The arguments were rejected and the case was dismissed; and
Whereas, similar lawsuits and appeals challenging the stop loss program and the validity of the law that authorized it were all unsuccessful; and
Whereas, Secretary of Defense Robert Gates, as one of his first acts, issued a memorandum compelling commanders to "minimize" the stop-lossing of soldiers; and
Whereas, the United States Army currently allows enlisted soldiers facing stop loss to voluntarily separate by request, but only after the soldier has completed an involuntary deployment of twelve to fifteen months and ninety days of stabilization time; and
Whereas, despite Secretary Gates' order, by April 2008 use of stop loss has increased by 43%. Soldiers affected by stop loss were then serving, on average, an extra 6.6 months, with sergeants through sergeants first class making up 45% of these soldiers; and
Whereas, from 2002 through April 2008, 58,200 soldiers were affected by stop loss, or approximately 1% of active duty, Reserve, and National Guard troops:
Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, Second Regular Session, the Senate concurring therein, hereby strongly urge the United States Congress to enact legislation formally ending the Department of Defense Stop Loss Program which involuntarily extends the active duty service obligation of military personnel; and
Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Barack Obama, President of the United States; Robert Gates, Secretary of Defense; the Majority and Minority Leaders of the United States Senate and United States House of Representatives; and each member of the Missouri Congressional delegation.
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