Legal Question in Military Law in Oklahoma

Stop Loss

I am on active duty in the Army. My unit is scheduled to deploy in October. My seperation date is Sept 2. We have not recieved any stop loss orders. My command is saying that we are ''fenced'' and cannot ETS. I'm not sure what they mean by ''fenced'' but I wonder if they are just trying to keep me from demanding my seperation because we don't have stop loss orders. Is it legal for them to hold me past my enlistment contract without stop loss orders?


Asked on 8/01/06, 1:35 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Stop Loss

Usually 90 days before, a unit will get an "alert" that a stop-loss is about to come down. It's up to the chain of command as to whether or not they discharge anyone before the formal "stop loss" goes into affect - if it does. Sometimes they are cancelled.

What you probably don't remember is that you enlisted for a period of EIGHT (8) years, and agreed to serve on active duty for say, 4 years. If you go read the fine print on your Enlistment papers, you'll see the 8 year provision. The Recruiters conveniently generally skip over that provision real quickly.

If you have a particular "hardship" that you think applies, submit a written request for your separation ASAP to your Battalion Commander, through your chain of command.

Good luck.

Don Rehkopf

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Answered on 8/01/06, 4:40 pm


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