Local soldier opposes unofficial draft policy
Austin, TX – A local Austin soldier and political activist is fighting to avoid being sent to Iraq under an approved federal program designed to supplement the number of active duty troops in Iraq. Carl Webb, 38, is a member of the Texas Army National Guard and a U.S. army veteran. In 2001 following a 7-year break in service, he enlisted in the National Guard expecting to serve for only three years. His term of service ends August 22, however, less than two months shy of the end of his service completion he was informed that his term had been involuntarily extended and he would be sent to Fort Hood for training and deployed to Iraq in November.Webb is one of many reservists who is being compelled to serve in the war in Iraq under the stop-loss program. This program, which made its first appearance in the Persian Gulf War of the early 1990s, keeps soldiers scheduled for deployment to Iraq or Afghanistan from leaving when their term of service ends. More than 10,000 soldiers are covered under the rules now, according to the Virginian Pilot.
Webb, who served in the U.S. Army for 7 active years, is conscienciously objects to being sent to Iraq for numerous reasons. The reasons that the U.S. government used to justify the imperialist war in Iraq have proven to be unfounded; however, even if they had been, Webb still would oppose the U.S. going to war against the Iraqi people.
“The war is unethical and illegal U.S. aggression,” he said. “It’s all about oil and profits.”
He is also vehemently against the use of the stop-loss program that imposes a lengthened term on reservists and soldiers who have already fulfilled their military service. The program, however, has its limitations. It only applies to individuals who are within 90 days of being deployed to Iraq.
“This policy is practically an unofficial draft,” he said. “It is conscription against a person’s will.”
There is currently a shortage of military personnel in the U.S. Armed Forces; more than 150,000 reservists are augmenting this shortage. Reservists make up about 40 percent of U.S. troops in Iraq and Afghanistan. Moreover, service people are not informed of the possibility of being forced to fulfill a compulsory extension when they sign up.
In an effort to have the stop-loss program revoked, Webb is in the process of consulting legal counsel to protest his deployment orders and is considering taking legal action that could include filing a class action lawsuit against the United States government.
“In my mind this policy is not only unethical, it is illegal,” Webb said.
For additional information or to set up an interview contact Carl Webb at (865) 936-3849 or carl.k.webb@us.army.mil or carlwebb1965@yahoo.com.
End of press release.
http://www.carlwebb.net/press-release.html
http://www.carlwebb.net/short-biography.html
http://www.carlwebb.net/militarycareer.html
National Lawyers Guild's 4 arguements against Stop-Loss
1) Stop-loss violates statutes prohibiting involuntary extensions of enlistment without a declaration of war or national emergency by Congress;2) The statute granting presidential authority to suspend laws on separation and retirement anytime reservists are serving on active duty unconstitutionally delegates congressional authority to "raise armies" by allowing an involuntary 'draft' of combat veterans at the whim of the executive (and military);
3) Stop-loss is arbitrary and capricious, because the asserted justification is based on false information (or information has been withheld), and therefore violates the due process rights of service-members and the Administrative Procedures Act;
4) Stop-loss breaches service-members' enlistment contracts.
The NGL's Military Law Task Force assists those working on military law issues as well as military law counselors working directly with GIs. It trains and mentors counselors and beginning military law attorneys in all aspects of military law through training materials and direct communication. It updates changes in military law and policy.
MILITARY LAW TASK FORCE
318 Ortega Street, San Francisco, CA 94122(415) 566-3732 (619) 233-1701
STOP LOSS/STOP MOVEMENT PROGRAM
http://carlwebb.net/stop-loss.html
I'm trying to investigate the official wording of the most recent Stop Loss policy because the way I interpret it is that the policy can only implemented if you are within 90 days of the arrival date in Iraq. So far I've only been told that November is the 'estimated time' of departure. So I'm not even sure they can legally do this since I may not be within that 90 day limit. But when I asked for the exact date I was told it's classified. Below is the answer I got in reply to my request:
From "White, Kenneth R. MAJ (TX)"
Sent Monday, August 2, 2004 3:59 pm
To "'carl.k.webb@us.army.mil'"
Subject RE: FW: FRAGO 02 AUG 04
If I had that type of information, I would tell you that the exact date of departure is classified and not for public consumption. However, I honestly do not know the exact date for our departure.
Take care
MAJ White
Kenn White
MAJ, AR, TXARNG
Battalion S-3
-----Original Message-----
From: carl.k.webb@us.army.mil [mailto:carl.k.webb@us.army.mil]
Sent: Monday, August 02, 2004 3:57 PM
To: White, Kenneth R. MAJ (TX)
Subject: Re: FW: FRAGO 02 AUG 04
Sir,
<> Could you tell me exactly what day we are to depart for Iraq?Specialist Webb
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the above alert will soon be permanently archived at http://www.duckdaotsu.org/020405webb.html
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