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The military’s stop-loss policy can legally extend a soldier’s obligation up to six months after a war has ended, and prevent them from transferring to a new assignment. It was created to retain skilled personnel during times of war or national emergency, but pursuing legal action against it is difficult.
Because the modern military is composed primarily of volunteer enlistees, contract law is as much a consideration for military commanders as combat training or logistics. Every new soldier is contractually obligated to do at least eight years of military service, even if only a portion of that time is spent on active duty. Eventually a soldier may become part of a reserve unit until he reaches eighth grade or voluntarily enlists. A military stop-loss policy can change all of these circumstances for some soldiers during a time of war.
The date that officially establishes the end of a soldier’s military service obligation is known as the end-of-service date or ETS date. Apparently, this ETS date is fixed and unassailable from the soldier’s point of view. During a time of war or other emergency need for skilled personnel, however, that ETS date may be overridden by a presidential or congressional order through the Pentagon. This “stop-loss military policy” order can legally compel a selected soldier to involuntarily extend his military obligation up to six months after a war has ended.
Under a military stop-loss policy, a select soldier, reservist, or guardsman may also be prevented from transferring from a war zone to a new assignment, called a permanent change of station, or PCS in military parlance. If a certain soldier’s skills are deemed critical to the success of a combat mission, such as a helicopter pilot with battlefield experience, then he may be ordered to remain in a war zone instead of moving on to a new assignment in a safer location.
The military’s stop-loss policy allows some servicemen to voluntarily “secede” from active duty before the stop-loss order takes effect, but this action can only be taken after completing an often involuntary series of other duties. Since the military stop-loss policy is clearly included in the fine print of a soldier’s service contract, pursuing legal action to prevent an inadvertent extension of military duty or a forced return to combat condition is extremely difficult.
The loss of trained soldiers in mission-critical positions after the Vietnam War prompted the US Congress to pass legislation that created the original military stop loss policy. The power to compel 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. He was also invoked during the Bosnian conflict and during the second Gulf war in Iraq.
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