Reservist Sues To Avoid Iraq

[David]

AP


An Army captain sued the government Friday to block his pending deployment to Iraq, saying he resigned in June after completing eight years of service in the Army and Army Reserve.

Jay J. Ferriola, 31, said in the lawsuit in U.S. District Court in Manhattan that Secretary of Defense Donald Rumsfeld unlawfully continues to exercise control over him even though he properly resigned and was asked to turn in his equipment.

The New York resident has never received a written, official response to his resignation request, said the lawsuit, which asks a judge to process and approve the resignation.

A spokesman for the U.S. Attorney's office declined comment.

Ferriola this week received orders to report Monday for active duty with the 306th Military Police Battalion, which will leave for a year and a half "on a dangerous mission in Iraq," the lawsuit said.

It was not fear that prompted Ferriola to take legal action, but a desire to get on with his life, said his lawyer, Barry I. Slotnick.

Last month, a judge ruled that an Army reservist from North Carolina must report to active duty. Todd Parrish had argued he had fulfilled his military obligation and sent the Army a letter resigning his commission, but the judge agreed with the Army that he could be recalled to duty because he failed to sign a resignation line on a letter asking for an update on his personal information.

[Jerry D]

Same situation different wars, During the War Between the states an officer could resign but, a enlisted soldier had to go and serve their country. Like Col.Henry Blake told Hotlips in the movie MASH "resign your **** commission" even during Korea Officers could resign their commissions but Drafted Officers had to Serve till they occurred enough points. Or like former LT John Kerry get enough purple hearts thru anyway possible and get sent stateside. So I would tell the Capt. Report for duty then go thru official channels and dot them I's and cross them T's and he can resign if he meets the qualifications! if not "Get over it" and serve his country honorably like the rest of us.