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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.
Seitz said he doesn't know of another case in which a Hawai'i resident
has been recalled after having been released from the reserves.
The Army announced last year that it would be involuntarily activating
an estimated 5,600 soldiers to serve in Iraq, Afghanistan and
elsewhere. Army officials would be tapping members of the "Individual
Ready Reserves," 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, however, long ago fulfilled his military obligations, Seitz
said.
"My belief is that the Army is hard-pressed to recruit enough troops
to send to Iraq and they're activating reserves as means to avoid
implementing the draft," he said. "I think problems will increase as
more and more people are resistant to participating in the war."
Miyasato, 34, said he's not contesting his active duty because of any
strong feelings about the fighting in Iraq.
Miyasato served as a specialist E-4, driving a heavy equipment
mobility tactical truck capable of hauling heavy loads over rough
terrain. He delivered fuel, ammunition and other materials and served
in Iraq, Saudi Arabia and Kuwait, he said.
"I'm proud of it. I have no regrets," he said. "I'd do it all over
again."
He said he would have gladly returned to active duty when he was on
inactive status, but that ended in 1996 and his life has changed,
particularly with their 7-month-old daughter and his business, which
can't survive without him.
He and his family would suffer "serious and irreparable harm" if he
must show up for duty, his lawsuit said.
"I fulfilled my contract," he said. "I just want to move on from this,
and I'm optimistic that I'll be successful."
Posted on: Saturday, November 6, 2004
Kaua'i man sues over recall to active duty
By Ken Kobayashi
Advertiser Courts Writer
http://the.honoluluadvertiser.com/article/2004/Nov/06/ln/ln10p.html
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.
Seitz said he doesn't know of another case in which a Hawai'i resident
has been recalled after having been released from the reserves.
The Army announced last year that it would be involuntarily activating
an estimated 5,600 soldiers to serve in Iraq, Afghanistan and
elsewhere. Army officials would be tapping members of the "Individual
Ready Reserves," 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, however, long ago fulfilled his military obligations, Seitz
said.
"My belief is that the Army is hard-pressed to recruit enough troops
to send to Iraq and they're activating reserves as means to avoid
implementing the draft," he said. "I think problems will increase as
more and more people are resistant to participating in the war."
Miyasato, 34, said he's not contesting his active duty because of any
strong feelings about the fighting in Iraq.
Miyasato served as a specialist E-4, driving a heavy equipment
mobility tactical truck capable of hauling heavy loads over rough
terrain. He delivered fuel, ammunition and other materials and served
in Iraq, Saudi Arabia and Kuwait, he said.
"I'm proud of it. I have no regrets," he said. "I'd do it all over
again."
He said he would have gladly returned to active duty when he was on
inactive status, but that ended in 1996 and his life has changed,
particularly with their 7-month-old daughter and his business, which
can't survive without him.
He and his family would suffer "serious and irreparable harm" if he
must show up for duty, his lawsuit said.
"I fulfilled my contract," he said. "I just want to move on from this,
and I'm optimistic that I'll be successful."
Posted on: Saturday, November 6, 2004
Kaua'i man sues over recall to active duty
By Ken Kobayashi
Advertiser Courts Writer
http://the.honoluluadvertiser.com/article/2004/Nov/06/ln/ln10p.html
