Editorial: Drafting a better policy

Tuesday, Jan. 30, 2007 | 7:15 a.m.

For the past five years the military has been enforcing an unpopular practice of keeping troops in war zones beyond their retirement or enlistment dates, creating what some critics describe as a de facto draft.

According to a story by the Associated Press on Monday, Defense Secretary Robert Gates has ordered that U.S. military officials outline plans for decreasing their use of the "stop loss" practice - so-called because it allows units to remain intact without losing individuals whose dates for leaving have arrived.

Tens of thousands of military personnel have been forced to serve beyond the constraints of their terms of enlistment, AP reports. At one point in 2003 the Army alone was keeping 25,000 soldiers from leaving as scheduled. The practice is hard on families, critics say, and could make it more difficult to recruit new enlistees, who may be reluctant to sign up if they know their terms of service could be extended without their permission.

Pentagon officials told AP that most military personnel understand the need for retaining troops in wartime. But some troops clearly don't support the policy - it has been unsuccessfully challenged half a dozen times in court. Jules Lobel, vice president of the Center for Constitutional Rights and a lawyer for some military personnel who have challenged the practice in court, told AP that the policy "has in some cases made soldiers feel that they were duped or deceived in how they were recruited."

While it would seem that military personnel should serve however long is needed during a time of war, these men and women sign agreements that have finite end dates. These dates are not secret, and military officials should be well aware of which personnel are up for release and plan accordingly by training replacements ahead of time or providing incentives to stay.

Keeping service personnel well beyond their release dates and against their wishes is not right and is not consistent with an all-volunteer military.