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Emiliano Santiago served in the Oregon National Guard for his full eight years. Four months after his end date, he was ordered to go to Afghanistan. He was told his new separation date is December 25, 2031! That's a total of THIRTY FIVE YEARS of service ! By that time, he will be in his fifties. Santiago decided to sue the government over the basic issue of fairness. Members of the public attempting to witness the legal proceedings were turned away by federal marshalls and not allowed to enter the courthouse building. Unfortunately, he lost the lawsuit and was sent to Afghanistan in April 2005. The U.S. 9th Circuit Court of Appeals said the military acted within its rights when it ordered Emiliano Santiago, an Army National Guard sergeant, to remain in the service after his eight-year contract expired as his unit was being mobilized for active duty. Emiliano's case was appealed to the U.S. Supreme Court, and the court declined to hear his case. Emiliano was a high-school junior in Stanfield, Oregon, when a National Guard recruiter came to his school. The recruiter impressed Santiago, the child of farm workers and a Mexican immigrant who had been in this country for five years. "I was really excited to see the uniform," says Santiago, now 26. "I wanted to wear the same uniform, to be a part of that." From the Seattle Weekly |
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Section C, Paragraph 9(b) of the military enlistment contract states: "Laws and regulations that govern military personnel may change without notice to me. Such changes may affect my status, pay, allowances, benefits, and responsibilities as a member of the Armed Forces regardless of the provisions of this enlistment/reenlistment document." Title 10 § 12305(a) of the U.S. Code which reads in part: "the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States." |
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