Gulf War Vet Sues Army Over New Call-Up

Dom · Nov 7, 2004, 08:56 PM

HONOLULU - A veteran of the first Persian Gulf War is suing the Army after it ordered him to report for duty 13 years after he was honorably discharged from active duty and eight years after he left the reserves.

Kauai resident David Miyasato received word of his reactivation in September, but says he believes he completed his eight-year obligation to the Army long ago.

"I was shocked," Miyasato said Friday. "I never expected to see something like that after being out of the service for 13 years."

His federal lawsuit, filed Friday in Honolulu, seeks a judgment declaring that he has fulfilled his military obligations.

Assistant U.S. Attorney Harry Yee said his office would defend the Army. He declined to comment further. An Army spokeswoman at the Pentagon declined to comment to the Honolulu Star-Bulletin.

Miyasato, 34, was scheduled to report to a military facility in South Carolina on Tuesday.

Within hours of filing the lawsuit, however, Miyasato received a faxed letter from the Army's Human Resources Command saying his "exemption from active duty had not been finalized at this time" and that he has been given an administrative delay for up to 30 days, said his attorney, Eric Seitz.

Miyasato, his wife, Estelle, and their 7-month-old daughter, Abigail, live in Lihue, where he opened an auto-tinting shop two years ago.

His lawsuit states that Miyasato is suing not because he opposes the war in Iraq, but because his business and family would suffer "serious and irreparable harm" if he is required to serve.

Miyasato enlisted in the Army in 1987 and served in Iraq and Kuwait during the first Persian Gulf War as a petroleum supply specialist and truck driver.

Miyasato said he received an honorable discharge from active duty in 1991, then served in the reserves until 1996 to fulfill his eight-year enlistment commitment.

The Army announced last year that it would involuntarily activate an estimated 5,600 soldiers to serve in Iraq, Afghanistan and elsewhere. Army officials would be tapping members of the Individual Ready Reserve — military members who have been discharged from the Army, Army Reserve or the Army National Guard, but still have contractual obligations to the military.

Miyasato said he never re-enlisted, signed up for any bonuses or was told that he had been transferred to the Individual Ready Reserve or any other Army Reserve unit.

"I fulfilled my contract," Miyasato said. "I just want to move on from this, and I'm optimistic that I'll be successful."

Miyasato speculated that he may have been picked because his skills as a truck driver and refueler are in demand in Iraq. He told reporters he did the same work as that done by a group of Army reservists who refused to deliver fuel along a dangerous route in Iraq last month.

http://story.news.yahoo.com/news?tmp...vist_lawsuit_6

Senor_Mota · Nov 7, 2004, 10:08 PM

Well, wouldn't one think that if one wasn't too old or too out-of-shape that if one was really needed to re-commence their services for the military, they are obligated to? As far as I know, my grandpa could have been recalled into active duty after WWII until he was 55 years old...of course, that may have changed.

Everyone's jumping on the "sue-happy" bandwagon that's been rolling since the 80's.

TREND SETTERS MUST BE SHOT!

digerati · Nov 7, 2004, 10:57 PM

Let him sue. He did his time, it'd be like if prison called you back in 13 years later because they need some more inmates.

The_Neon_Cowboy · Nov 8, 2004, 02:45 AM

HE GAVE THEM THE RIGHT TO DO SO WHEN HE SIGNED UP AND ENLISTED HIM SELF AND SIGNED ON THAT DOTTED LINE... IT"S COMMON KNOWLEGE..

after you are discarged you may be recalled at ANY TIME if needed...

he has no grounds to sue he signed and enterd a bonding "legal agreement" (wich is open ended) of his own free will. Unless he's dead wich he's not, or physically or mentally disabled wich he's not he must fallow the recall to service.

I don't know why the guys even bothering other then just wanting to make a stink.

If he doesn't show up on the date order then he will likely face a verry serious court martial and enjoy some time (like life)(becouse it's war time) in lebonworth.

Senor_Mota · Nov 8, 2004, 02:48 AM

Quote:

HE GAVE THEM THE RIGHT TO DO SO WHEN HE SIGNED UP AND ENLISTED HIM SELF AND SIGNED ON THAT DOTTED LINE...

Isn't that what I said?

TJ- · Dec 6, 2004, 01:14 PM

Quote:

Originally Posted by Dom

HONOLULU - A veteran of the first Persian Gulf War is suing the Army after it ordered him to report for duty 13 years after he was honorably discharged from active duty and eight years after he left the reserves.

shows how desperate the military is,,, they dont care about the people, only about winning... which is very unlikly... whats the death count of soliders.. something like 1300,

The_Neon_Cowboy · Dec 6, 2004, 01:26 PM

Quote:

Originally Posted by battleaxe187

shows how desperate the military is,,, they dont care about the people, only about winning... which is very unlikly... whats the death count of soliders.. something like 1300,

I dont think you understand though....

when you enlist you give them abilty to recall you at any time for any reason should they descide they need or want you. Unless your disabled enough not to serve your thiers.... and he gave them the legal right

it's comman knowledge and part of what he signed up for....
It's not desperation they can a do call people up even when it's not war time.. they just have to deside they need you

acually the death count isn't that bad for as long of was as this has been, also in that count is friendly fire and accidents for example a couple of soldgers that screwed up and thier bulldozer rooled into a river and they drount... heck the first deathes in the battle for fallija was an accident..... some of first ones of the war? hella copter accidents... friendly fire etc.....

TJ- · Dec 6, 2004, 01:50 PM

Quote:

Originally Posted by The_Neon_Cowboy

I dont think you understand though....

when you enlist you give them abilty to recall you at any time for any reason should they descide they need or want you. Unless your disabled enough not to serve your thiers.... and he gave them the legal right

it's comman knowledge and part of what he signed up for....
It's not desperation they can a do call people up even when it's not war time.. they just have to deside they need you

acually the death count isn't that bad for as long of was as this has been, also in that count is friendly fire and accidents for example a couple of soldgers that screwed up and thier bulldozer rooled into a river and they drount... heck the first deathes in the battle for fallija was an accident..... some of first ones of the war? hella copter accidents... friendly fire etc.....

yea but i meant it shows that they are desperate enough to call him in, shows that the tactics of the insurgest are doing what they want them to. Whats gunna happen when they had exhausted all the old guys and are gettin the young 16 and 17 yr olds out of desperation.

GOG · Dec 6, 2004, 02:38 PM

Quote:

Originally Posted by The_Neon_Cowboy

I dont think you understand though....

when you enlist you give them abilty to recall you at any time for any reason should they descide they need or want you. Unless your disabled enough not to serve your thiers.... and he gave them the legal right

it's comman knowledge and part of what he signed up for....
It's not desperation they can a do call people up even when it's not war time.. they just have to deside they need you

acually the death count isn't that bad for as long of was as this has been, also in that count is friendly fire and accidents for example a couple of soldgers that screwed up and thier bulldozer rooled into a river and they drount... heck the first deathes in the battle for fallija was an accident..... some of first ones of the war? hella copter accidents... friendly fire etc.....

And that is an excuse? It's just an example of the fact that firearms and idiots don't match.

lenchmob · Dec 6, 2004, 05:30 PM

Actually the guy from Hawaii has a good case and most likely will win it. Contrary to what some on this board believe, doing time in the service and then getting out doesn't give Uncle Sam "carte blanche" on recalling, activating, or ordering someone back to duty. If what the gentleman from Hawaii says is true and that he did his time that's it. There is an "8 or 10 year " window (I can't recall which one) where the reitree or honorably discharged individual is vulnerable to recall. Once that time passes however then there's nothing "Uncle Sam" can do except in one instance - a bona fide "national emergency". If I'm not mistaken the US hasn't had one of these since WWII. The situation has to be really bad to start recalling people who've honored their obligations/committments. I don't believe we've reached that point yet...

pr0digal jenius · Dec 6, 2004, 10:47 PM

^what he said

drakesteakn · Dec 6, 2004, 10:53 PM

he fullfilled his contract. so the govt dont own him no more. he will win. once ur contract is completed and 2 years of IRR, they must have a very good reason to call u up to serve, like ur the only one who can do that job. well there are hundreds of soldiers that can fuel a damn vehicle and drive a fuel truck(its a automatic). and the govt wonders why the national guard cant meet its recruitment quota, crap like this happens.

Frodo301 · Dec 8, 2004, 07:53 PM

Take it from someone who was in the US Army about the same timeframe as this individual, it's an 8 year tour. You can serve your 1-6 year enlistment which depends on military specialty, bonuses, etc and then go into the Ready Reserve, National Guard, or in this fellows case and mine the Inactive Ready Reserve for the remainder of your contract. There is also another Inactive reserve element past this but I cannot remeber what it's name is. It is only used for highly skilled or in demand specialties/retirees and you have to opt to join this. At the end of the eight years + 90 days, as lenchmob said it would require a national emergency to be recalled. I had a buddy during the first gulf war that was recalled while he was final leave from the army. He had served a grand total of 8 years and he tried to fight reactivation as well. What got him was a 90 day window past 8 years that Uncle Sam puts in very small ink in your contract. If he had only made it to that magic 91 days. And as far as battleaxe your comment on him being "an old guy", there are *plenty* of hard core 30+ guys in command positions, platton leaders and sgts, squad leaders downrange now. The average retirment age for the military is about 42.

Sandok · Dec 8, 2004, 08:06 PM

Quote:

Originally Posted by battleaxe187

shows how desperate the military is,,, they dont care about the people, only about winning... which is very unlikly... whats the death count of soliders.. something like 1300,

You know that 1300 deaths is nothing compared to the amount of dead iraqis!!!

free_refil · Dec 8, 2004, 08:42 PM

Yea, no matter how long your enlistment is, you voluntarily must serve 8 years either active or inactive, and after that you're free to go. I'm active duty Navy now going on my 4th year and heard about that whole thing a while back since there are so many temporary active duty reservists working with me now that had gotten called back in to active duty status after they had already gotten out because they were still in the 8 year window. The thing with the Army guy is most likely just a paper mix-up.

Nov 7, 2004, 08:56 PM	#1
Dom DriverHeaven Extreme Member Join Date: Jun 2002 Posts: 12,940 Rep Power: 0	Gulf War Vet Sues Army Over New Call-Up HONOLULU - A veteran of the first Persian Gulf War is suing the Army after it ordered him to report for duty 13 years after he was honorably discharged from active duty and eight years after he left the reserves. Kauai resident David Miyasato received word of his reactivation in September, but says he believes he completed his eight-year obligation to the Army long ago. "I was shocked," Miyasato said Friday. "I never expected to see something like that after being out of the service for 13 years." His federal lawsuit, filed Friday in Honolulu, seeks a judgment declaring that he has fulfilled his military obligations. Assistant U.S. Attorney Harry Yee said his office would defend the Army. He declined to comment further. An Army spokeswoman at the Pentagon declined to comment to the Honolulu Star-Bulletin. Miyasato, 34, was scheduled to report to a military facility in South Carolina on Tuesday. Within hours of filing the lawsuit, however, Miyasato received a faxed letter from the Army's Human Resources Command saying his "exemption from active duty had not been finalized at this time" and that he has been given an administrative delay for up to 30 days, said his attorney, Eric Seitz. Miyasato, his wife, Estelle, and their 7-month-old daughter, Abigail, live in Lihue, where he opened an auto-tinting shop two years ago. His lawsuit states that Miyasato is suing not because he opposes the war in Iraq, but because his business and family would suffer "serious and irreparable harm" if he is required to serve. Miyasato enlisted in the Army in 1987 and served in Iraq and Kuwait during the first Persian Gulf War as a petroleum supply specialist and truck driver. Miyasato said he received an honorable discharge from active duty in 1991, then served in the reserves until 1996 to fulfill his eight-year enlistment commitment. The Army announced last year that it would involuntarily activate an estimated 5,600 soldiers to serve in Iraq, Afghanistan and elsewhere. Army officials would be tapping members of the Individual Ready Reserve — military members who have been discharged from the Army, Army Reserve or the Army National Guard, but still have contractual obligations to the military. Miyasato said he never re-enlisted, signed up for any bonuses or was told that he had been transferred to the Individual Ready Reserve or any other Army Reserve unit. "I fulfilled my contract," Miyasato said. "I just want to move on from this, and I'm optimistic that I'll be successful." Miyasato speculated that he may have been picked because his skills as a truck driver and refueler are in demand in Iraq. He told reporters he did the same work as that done by a group of Army reservists who refused to deliver fuel along a dangerous route in Iraq last month. http://story.news.yahoo.com/news?tmp...vist_lawsuit_6

Nov 7, 2004, 10:08 PM	#2
Senor_Mota 悪魔の方法 Join Date: Mar 2004 Location: Ee-duh-ow Posts: 2,384 Rep Power: 98 System Specs	Well, wouldn't one think that if one wasn't too old or too out-of-shape that if one was really needed to re-commence their services for the military, they are obligated to? As far as I know, my grandpa could have been recalled into active duty after WWII until he was 55 years old...of course, that may have changed. Everyone's jumping on the "sue-happy" bandwagon that's been rolling since the 80's. TREND SETTERS MUST BE SHOT! __________________

Nov 8, 2004, 02:45 AM	#4
The_Neon_Cowboy HardwareHeaven Extreme Member Join Date: Dec 2002 Location: U.S.A. Posts: 16,009 Rep Power: 90 System Specs	HE GAVE THEM THE RIGHT TO DO SO WHEN HE SIGNED UP AND ENLISTED HIM SELF AND SIGNED ON THAT DOTTED LINE... IT"S COMMON KNOWLEGE.. after you are discarged you may be recalled at ANY TIME if needed... he has no grounds to sue he signed and enterd a bonding "legal agreement" (wich is open ended) of his own free will. Unless he's dead wich he's not, or physically or mentally disabled wich he's not he must fallow the recall to service. I don't know why the guys even bothering other then just wanting to make a stink. If he doesn't show up on the date order then he will likely face a verry serious court martial and enjoy some time (like life)(becouse it's war time) in lebonworth. __________________ Last edited by The_Neon_Cowboy; Nov 8, 2004 at 02:53 AM.

Dec 6, 2004, 05:30 PM	#10
lenchmob DriverHeaven Junior Member Join Date: Sep 2003 Posts: 99 Rep Power: 0	Actually the guy from Hawaii has a good case and most likely will win it. Contrary to what some on this board believe, doing time in the service and then getting out doesn't give Uncle Sam "carte blanche" on recalling, activating, or ordering someone back to duty. If what the gentleman from Hawaii says is true and that he did his time that's it. There is an "8 or 10 year " window (I can't recall which one) where the reitree or honorably discharged individual is vulnerable to recall. Once that time passes however then there's nothing "Uncle Sam" can do except in one instance - a bona fide "national emergency". If I'm not mistaken the US hasn't had one of these since WWII. The situation has to be really bad to start recalling people who've honored their obligations/committments. I don't believe we've reached that point yet... __________________ WinXp SP3 (32-bit) Asus M2N32 SLI Wi-Fi Mobo AMD Athlon 64 x2 FX-62 Socket Am2 4gig Corsair Dominator 8500C5D G (2) Geforce 8800GTS 512 1 Dell Ultra Sharp 2407FP X-Fi Fatality FPS

Dec 6, 2004, 10:53 PM	#12
drakesteakn boo!!!! Join Date: Aug 2003 Location: Ft. Meyers, FL Posts: 2,041 Rep Power: 57	he fullfilled his contract. so the govt dont own him no more. he will win. once ur contract is completed and 2 years of IRR, they must have a very good reason to call u up to serve, like ur the only one who can do that job. well there are hundreds of soldiers that can fuel a damn vehicle and drive a fuel truck(its a automatic). and the govt wonders why the national guard cant meet its recruitment quota, crap like this happens. __________________

Nov 7, 2004, 10:57 PM	#3
digerati Everyones life has worth Join Date: May 2003 Location: My Yellow Bug Posts: 3,779 Rep Power: 61	Let him sue. He did his time, it'd be like if prison called you back in 13 years later because they need some more inmates.

Dec 6, 2004, 10:47 PM	#11
pr0digal jenius Delete Me Join Date: Mar 2004 Posts: 14,648 Rep Power: 0	^what he said

Dec 8, 2004, 07:53 PM	#13
Frodo301 Outraged Join Date: May 2002 Location: The mountains Posts: 584 Rep Power: 0	Take it from someone who was in the US Army about the same timeframe as this individual, it's an 8 year tour. You can serve your 1-6 year enlistment which depends on military specialty, bonuses, etc and then go into the Ready Reserve, National Guard, or in this fellows case and mine the Inactive Ready Reserve for the remainder of your contract. There is also another Inactive reserve element past this but I cannot remeber what it's name is. It is only used for highly skilled or in demand specialties/retirees and you have to opt to join this. At the end of the eight years + 90 days, as lenchmob said it would require a national emergency to be recalled. I had a buddy during the first gulf war that was recalled while he was final leave from the army. He had served a grand total of 8 years and he tried to fight reactivation as well. What got him was a 90 day window past 8 years that Uncle Sam puts in very small ink in your contract. If he had only made it to that magic 91 days. And as far as battleaxe your comment on him being "an old guy", there are plenty of hard core 30+ guys in command positions, platton leaders and sgts, squad leaders downrange now. The average retirment age for the military is about 42. __________________ The greatest thing you'll every learn is to love, and be loved in return. Last edited by Frodo301; Dec 8, 2004 at 08:03 PM.

Dec 8, 2004, 08:42 PM	#15
free_refil DriverHeaven Lover Join Date: Mar 2004 Location: Stationed in Bahrain (Middle East) Posts: 100 Rep Power: 0	Yea, no matter how long your enlistment is, you voluntarily must serve 8 years either active or inactive, and after that you're free to go. I'm active duty Navy now going on my 4th year and heard about that whole thing a while back since there are so many temporary active duty reservists working with me now that had gotten called back in to active duty status after they had already gotten out because they were still in the 8 year window. The thing with the Army guy is most likely just a paper mix-up. __________________ P4 2.8C 1:1 225MHz FSB Abit IC-7 Max 3 BIOS = F1, Strengthened, Auto x3 Geil GD @ 2/7/4/4 2.7v R9800 Pro 400/375 36.6 Raptors Raid 0 on ICH-5 CPU Cooling: SP-94 80mm Panaflo VGA Cooling: ZM-80C & ZM-OP1 Chipset Cooling: MCX-159