November 10. 2004
PRESS ADVISORY
GULF WAR VET CALLED UP 13 YEARS AFTER DISCHARGE RELEASED FROM DUTY
Back-Door Draft Lawsuit Against The Army And Intense Media Interest
Cause Army To Rescind Orders
Honolulu, Hawai'i--Today, Kauai, Hawai'i, resident and Gulf War veteran David M. Miyasato, who was called up by the Army 13 years after an honorable discharge, was released from his active duty orders by the Army. He had filed a lawsuit against the Army on November 5 in the United States District Court after receiving no response to his inquiries.
David expressed satisfaction with the revocation order. "Now I can move on with my life," he said. He said he will return to his small auto window-tinting business on the Island of Kauai. He is married and has a new infant child.
His attorney, Eric A. Seitz, said, "This is a rare victory, not just for David, but for the thousands of others who may be in his situation as well."
He added, "The back-door draft must be stopped. We don't know how many others may have been called up illegally or may now be serving even though they have done their time. Many may be suffering severe financial hardships, just as David has for the last two months in his state of uncertainty."
On the 5th, after being ignored by the Army for weeks, the Army responded within hours after Miyasato filed his suit, granting him an "administrative delay" for up to 30 days, and notifying Mr. Miyasato he would soon be receiving a "new report date". Today, Senator Daniel Inouye's office received a 2-line order stating that David's call-up order had been "rescinded or revoked".
Mr. Miyasato enlisted in the Army in 1987 for a term of eight years. His enlistment contract specified that he would serve on active duty for three years and then be enrolled in the inactive reserves for five additional years.
Mr. Miyasato reported for active duty on August 16, 1988. He served as a specialist E-4, driving a heavy equipment mobility tactical truck, delivering fuel, ammunition and other materials. He served in Iraq, Saudi Arabia and Kuwait during the Gulf War.
He was honorably discharged on August 15, 1991. He then returned to Kauai while he remained in the inactive reserves. His enlistment obligations expired on August 15, 1996.
Suddenly, in late September 2004, the Army issued orders directing Mr. Miyasato to report to a military facility in South Carolina on November 9, 2004, "for no more than 24 months active duty."
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8 Comments:
great news.
awesome man. keep fightin' the good fight, and let me know if i can help out in any way.
Jeff,
Thanks for your comment on the Hyphen weblog. We're (or maybe mostly I am) big fans!
I read the post about your cousin on your blog the night before I wrote my blog, and being from a military family, the news really scared me. My dad is retired Navy but still works for the Department of Defense (Coast Guard/Merchant Marine); he spends months at a time in the Gulf area. I'm always worried about him and my cousins deployed out there.
It's a great injustice that folks who've paid their dues are getting involuntarily re-drafted back into service to fight a war they don't want to be involved in.
-Audrey
congratulations, that's great news.
Thanks for writing about this - I've been hearing about Bush's backdoor draft for a while via US blogs, but haven't heard it discussed in the mainstream media (US or downunder), so I didn't really understand what it was about. If that is how Bush is going to increase troop numbers in Iraq then it must only be a matter of time before the whole scenario goes the way of Vietnam? mass protests, running away to Canada etc... think William Gibson might've already mentioned that one on his blog!
cheers
Peter M, New Zealand.
It's great to hear that David's nightmare with this stuff is over. Hearing about David's situation in the news scared me to death. Im also a gulf war I veteran who served during the exact same time as him, I was released from active duty in 91, and completed inactive reserve committment in 1996. This is just ridiculous that someone could be called up who isn't even in the military anymore! By law, they can call up members of the IRR, David wasnt in the IRR or any reserve componant, that's calling up a civiian! I just really hope they don't try that crap with me...Im a single parent and there is noone else to take care of my son if they decide to try to illegally call me up....my god it's been so long since I was in I don't even feel like a soldier anymore, Ive been a civilian for years...this is just so ridiculous.....I'll just keep watching the mail hoping they don't send me anything :(
Jen in Oregon
Gulf War Vet
Yes, that's exactly the same feeling we had about this whole thing. Some folks say--well, you signed up for the military so that's your duty to be there when they call. They're like these chicken hawks, they have obviously never served. You sign up for an 8-year commitment, not to sign your life away. Well, perhaps the best thing about this episode is now there is another precedent--Adam Ferriola's is the other--if the military does come after you or anyone else illegally.
Whoops! Captain Jay Ferriola is what I meant.
That's great news Jeff. Inouye is brilliant. 8 term man if i'm not mistaken, coming through for you and your family. That's stellar.
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