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The Tally Ho

Sunday, November 07, 2004

Veteran Sues After He Receives Duty Order

This article is about Persian Gulf War veteran David Miyasato of Hawaii sueing the Army after recieving order to report 13 years after he had been honorably discharged, including eight years in the reserves.
Miyasato, 34, was scheduled to report to a military facility in South Carolina on Tuesday.

Within hours of filing the lawsuit, however, Miyasato received a faxed letter from the Army's Human Resources Command saying his "exemption from active duty had not been finalized at this time" and that he has been given an administrative delay for up to 30 days, said his attorney, Eric Seitz.

Miyasato, his wife, Estelle, and their 7-month-old daughter, Abigail, live in Lihue, where he opened an auto-tinting shop two years ago.

His lawsuit states that Miyasato is suing not because he opposes the war in Iraq, but because his business and family would suffer "serious and irreparable harm" if he is required to serve.

Miyasato enlisted in the Army in 1987 and served in Iraq and Kuwait during the first Persian Gulf War as a petroleum supply specialist and truck driver.

The article continues
The Army announced last year that it would involuntarily activate an estimated 5,600 soldiers to serve in Iraq, Afghanistan and elsewhere. Army officials would be tapping members of the Individual Ready Reserve - military members who have been discharged from the Army, Army Reserve or the Army National Guard, but still have contractual obligations to the military.

Miyasato said he never re-enlisted, signed up for any bonuses or was told that he had been transferred to the Individual Ready Reserve or any other Army Reserve unit.

"I fulfilled my contract," Miyasato said. "I just want to move on from this, and I'm optimistic that I'll be successful."

Miyasato speculated that he may have been picked because his skills as a truck driver and refueler are in demand in Iraq. He told reporters he did the same work as that done by a group of Army reservists who refused to deliver fuel along a dangerous route in Iraq last month.

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