R40121
U.S. Military Stop Loss Program
January 08, 2009
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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 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. A more significant change was directed by P.L. 110-329, the FY2009 omnibus appropriations act which 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. DOD?s implementing guidance for this special pay is being developed, but the plan must first be submitted to the House and Senate Committees on Appropriations for approval. Details of this plan are not yet available. 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. Today, DOD officials concede that the Army will need to continue using Stop Loss, probably at least through 2009 or longer. With its continued use by the Army and the recent establishment of a special pay, it is anticipated that Stop Loss will be of significant and continuing interest to the 111th Congress. This report will be updated as necessary.
