Download Locations

• Open CRS (User submitted)

Summary

Stop Loss is a frequently misunderstood DOD force management program that retains servicemembers beyond their contractually agreed-to separation date. Because of the involuntary nature of this extension, some critics have referred to the program as a backdoor draft or involuntary servitude. Stop Loss was initially used in the 1990-91 Gulf War and later in Bosnia and the Kosovo Air Campaign. All of the Services used Stop Loss at the beginning of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) but only the Army has consistently employed some form of Stop Loss over the past five years. Today, there are over 12,000 soldiers in the active Army, Army Reserve and Army National Guard who remain on active duty beyond their scheduled separation date as a result of Stop Loss. While many observers tend to empathize with those in Stop Loss status, others assert that every servicemember who has enlisted or reenlisted over the past several years has been made aware of the program. The authority for Stop Loss has existed since 1984 (Section 12305, Title 10) and enables the President to suspend the laws relating to promotion, retirement and separation during periods of national emergency or a Presidential call-up of the reserve components. Minor changes to the Stop Loss program were enacted in 2002 and 2006 but a more significant change was directed by P.L. 110-329, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 . This legislation established and temporarily funded a new special pay, up to a maximum of $500 per month for all servicemembers extended by Stop Loss during FY2009. DODs implementing guidance for this special pay was announced on March 18, 2009. Soldiers are to begin receiving the special pay in their April checks and those eligible for retroactive payments are to receive these in lump sum by June, 2009. Servicemembers who have separated but who were in Stop Loss status between October 1, 2008 and April 1, 2009 are to automatically receive lump sum payments and these should also be received by June, 2009. In January, 2007 the newly appointed Secretary of Defense Gates directed the Services to minimize the use of Stop Loss. The Army has consistently argued that Stop Loss is necessary to ensure that only trained and ready units are deployed to Iraq and Afghanistan. However, Secretary of Defense Gates recently announced the phased suspension of the Stop Loss program. The Armys active component program is to end on January 1, 2010 while the Army Reserve and Army National Guard programs are to end in August and September, 2009, respectively. While the Services will retain the legal authority for Stop Loss, the Secretary of Defense decision will phase out the regular use of Stop Loss. The FY2009 Defense Supplemental, P.L. 111-32, expanded the original special pay program by making it retroactive to September 11, 2001 for all former and retired servicemembers who had served in Stop Loss status since that time. The amount of the special pay remains at $500 per month and there is a one-year window for the approximately 185,000 eligible individuals to file a claim for the special pay. The program terminates after one year.

XML