Kaua'i man sues over recall to active duty

[muchacho]

David M. Miyasato enlisted in the U.S. Army Reserve in 1987, served three years of active duty during the first Gulf War and received an honorable discharge in 1991. He remained on inactive status for five more years, until 1996. Since then, the Kaua'i resident has married, started an auto window tinting business and this year, he and his wife had their first child.

But in September, Miyasato received a letter from the Army recalling him to active duty and directing him to report to a military facility in South Carolina on Tuesday.

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

Miyasato is now suing the Secretary of the Army, asking a court to prevent the Army from ordering him to active duty. He is also asking for a court judgment declaring that he fulfilled all his obligations to the military.

Miyasato's lawyer, Eric Seitz, said Miyasato earlier asked for an exemption, but never got a response.

But after the lawsuit was filed, Seitz said they received a faxed letter from the Army's Human Resources Command saying Miyasato's request for an exemption from active duty has not been finalized. It said his Tuesday report date has been delayed for up to 30 days, but warned new orders "reflecting your new report date" will be mailed and that he must comply with them or risk being declared Absent Without Leave or a deserter.

Assistant U.S. Attorney Harry Yee said the office will defend the Army, but did not have any comment at this time.

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http://the.honoluluadvertiser.com/article/2004/Nov/06/ln/ln10p.html

[tibbir]

1. I'm so thankful the shrubster made it perfectly clear

that he would not re-enact the draft. This is absolutely ludicrous.

[PoiBoy]

2. Follow this case...

Miyasato was an enlisted man who completed his entire 8 year obligation with the Army over 8 years ago in 1996. According to the law, officers can be recalled like this, but enlisted personnel can't. It would seem that legally, the Army has no claim on his service whatsoever, but they are not deterred, giving him a 30 day delay in reporting. Unbelievable, but true.

If Miyasato is forced back into the service, every ex-service member in the country is exposed. Welcome to the Draft, Phase 1.