Stop-loss policy

In the United States military, stop-loss is the involuntary extension of a service member's active duty service under the enlistment contract in order to retain them beyond their initial end of term of service (ETS) date and up to their contractually agreed end of active obligated service (EAOS). It also applies to the cessation of a permanent change of station (PCS) move for a member still in military service. Stop-loss was used immediately before and during the 1990–91 Persian Gulf War. Since then, it has been used during deployments to Somalia, Haiti, Bosnia, Kosovo and after the September 11 attacks and the subsequent campaign against terror.

The policy has been legally challenged several times. However, federal courts have consistently found that military service members contractually agree that their term of service may be involuntarily extended until the end of their obligated service.

Stop-loss was created by the United States Congress after the Vietnam War. Its use is founded on Title 10, United States Code, Section 12305(a) which states 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" and Paragraph 10(c) of DD Form 4/1 (The Armed Forces Enlistment Contract) which states: "In the event of war, my enlistment in the Armed Forces continues until six (6) months after the war ends, unless the enlistment is ended sooner by the President of the United States."

Every person who enlists in a branch of the U.S. Armed Forces signs an initial contract with an eight (8) year service obligation. The enlistment contract for a person going on active duty generally stipulates an initial period of active duty from 2 to 5 years, followed by service in a reserve component of the Armed Forces of the United States for the remainder of the eight year obligation. Service members whose ETS, retirement, or end of service obligation date falls during a deployment may be involuntarily extended until the end of their unit's deployment.

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