Dr. K Posted November 7, 2004 Share Posted November 7, 2004 Veteran Sues After He Receives Duty Order HONOLULU - A veteran of the first Persian Gulf War (news - web sites) 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 spokewoman at the Pentagon (news - web sites) 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 (news - web sites), 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 (news - web sites) 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. Link to comment Share on other sites More sharing options...
VABills Posted November 7, 2004 Share Posted November 7, 2004 Veteran Sues After He Receives Duty Order HONOLULU - A veteran of the first Persian Gulf War (news - web sites) 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 spokewoman at the Pentagon (news - web sites) 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 (news - web sites), 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 (news - web sites) 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. 105670[/snapback] I have friends who are inactive reservists. They get to keep there commisary priveledges and therefore do that. They don't drill, train, etc... no obligation other then they may get reactivited. I am betting when all is said and done on this case, he may have been in that program, where he got base priveledges but didn't ever consider the downside. Link to comment Share on other sites More sharing options...
Alaska Darin Posted November 7, 2004 Share Posted November 7, 2004 The sky is falling, the sky is falling. A real shock to me that something as big and ridiculously inefficient as DOD could possible screw up paperwork. Perhaps we should think about turning over health care? Link to comment Share on other sites More sharing options...
DC Tom Posted November 8, 2004 Share Posted November 8, 2004 You're right, we don't need a draft...because the guy who planned on increasing the Army by 40k combat troops didn't get elected. And way to take one story about one man who got activated when he may or may not have supposed to have been, and blowing it way out of proportion... Link to comment Share on other sites More sharing options...
Buftex Posted November 8, 2004 Share Posted November 8, 2004 You're right, we don't need a draft...because the guy who planned on increasing the Army by 40k combat troops didn't get elected. And way to take one story about one man who got activated when he may or may not have supposed to have been, and blowing it way out of proportion... 106880[/snapback] You mean this isn't the "blow everything out of proportion" board? Link to comment Share on other sites More sharing options...
ASCI Posted November 9, 2004 Share Posted November 9, 2004 I wish they would call me back up. I love to shoot and blow up things; I just don’t like to take orders from idiots and I’m not well suited to the military culture. Link to comment Share on other sites More sharing options...
VABills Posted November 9, 2004 Share Posted November 9, 2004 I wish they would call me back up. I love to shoot and blow up things; I just don’t like to take orders from idiots and I’m not well suited to the military culture. 109144[/snapback] You must have been in the army, Link to comment Share on other sites More sharing options...
ASCI Posted November 9, 2004 Share Posted November 9, 2004 You must have been in the army, 109146[/snapback] You are right sir! Army Grunt. I received an honorable discharge when my time was up but I was told I have a “piss poor attitude” and should give civilian life a chance. Should have joined the Navy Link to comment Share on other sites More sharing options...
VABills Posted November 9, 2004 Share Posted November 9, 2004 You are right sir! Army Grunt. I received an honorable discharge when my time was up but I was told I have a “piss poor attitude” and should give civilian life a chance. Should have joined the Navy 109172[/snapback] No Army seems to have the most folks with a piss poor attitude. Unless you like hot bunking and raisin sucking Navy may not be good for you. Air Force from what I have seen is like a business. You can't really have a bad attitude, but military protocal isn't real big either. Link to comment Share on other sites More sharing options...
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