Army sergeant sues US Government over extended tour of duty in Iraq

A US Army sergeant is suing his government in a bid to avoid being sent back to Iraq, it emerged yesterday.

The unnamed National Guardsman, from California, claims a ruling that extended tours of duty for some reservists is unlawful.

Critics have called the so-called “stop-loss” policy - invoked after September 11 - a “backdoor draft”.

The lawsuit states that the stop-loss order was invoked after the 2001 terrorist attacks in the climate of an ongoing threat.

But the suit, filed in San Francisco, adds: “Iraq no longer poses any threat of terrorism against the United States, if it ever did.”

It is believed to be the first case of its kind.

The soldier, referred to in court papers as “John Doe”, to protect his identity, is said to be suffering from post-traumatic stress after an earlier tour of duty in Iraq.

Living in the San Francisco Bay area, the National Guardsman completed more than nine years of active service in the army and the Marine Corps, including combat duty last year in Iraq, before joining the California Army National Guard.

He joined the National Guard in December last year for a period of one year, but on July 6 he was told his enlistment had been extended by two years. The soldier was ordered to prepare to mobilise for service in Iraq.

“Doe’s active-duty service kept him separated from his family for extended periods, and his service in Iraq has caused him to suffer post-traumatic stress syndrome,” according to the lawsuit, obtained by the New York Times.

“Doe’s return to civilian life has allowed him to re-establish his family life and to attempt to recover from this combat trauma.”

Some 45,000 soldiers have seen their tours of duty extended since the September 11 terror attacks.

A US Army spokesman said: “The option is put into law so the military can provide national security.

“This is something that Congress has approved, and it is a tool that the president and the military can use if they need to.”

US President George W Bush passed an executive order on September 14, authorising the deployment of National Guard troops to active duty in the face of a “continuing and immediate threat” of terror attack.