STOP LOSS ORDERS

Note: This information is current as of July 2003, but is subject to change at any time. Please look for updated information regularly.

What is a stop-loss?

During a mobilization, the President may "suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces?." (10 USC §12305(a)). Members who reach the end of their enlistment can be involuntarily retained, and transfers to the Individual Ready Reserve, Standby Reserve, and all administrative discharges halted.

ARMY

Stop loss has been lifted for all units in the "Operation Iraqi Freedom" area of responsibility and Special Forces soldiers and special-operations aviators who have played "major roles in the war on terrorism." Stop loss orders have also been lifted for all but two MOS specialties. These soldiers will be allowed to leave the Army after transition briefings and counseling and (for reservists) demobilization activities. All soldiers under the lifted stop loss are expected to be out by late November, according to the Army Times (June 9, 2003), however personnel officials will regulate the rate of release between now and then. Soldiers who want out earlier will have to get their commander‚s approval.

Two stop-loss orders remain in effect

1. A Reserve Component (RC) unit stop loss policy was put into effect in November of 2002. This order applies to all reserve units that have been mobilized or alerted for mobilization. The stop loss begins once a unit has been alerted for mobilization, and lasts until 90 days after the unit has demobilized or taken off alert status. If a reserve or guard soldier also falls under a stop loss specialty (see #2), they will be retained for 12 months or until 90 days after their reserve or guard unit has been demobilized, whichever comes later. 2. A selected specialties stop loss policy was put into effect in January of 2002, but has since been lifted for all but two specialties. Stop-loss restrictions remain for branch officers in the FA 53 information systems management specialty, and enlisted soldiers in MOS 55D, explosive ordnance disposal. There is a 12-month limit on this order, except for Army Reserve and Army National Guard units that are mobilized (for them, see #1 above).

Under these new policies, MOS-restricted soldiers (per #2 above) affected by stop loss would generally be allowed to request voluntary separation from the Army (to include retirement), to be effective 12 months from one of the following dates or under the following conditions (whichever applies):

Expiration Term of Service (ETS) Separation Date (for enlisted soldiers not retirement eligible).
End of Current (ECUR) Service Obligation Date (for officers/WOs not retirement eligible).
Retirement Eligible Soldiers - two categories for all soldiers follow:

• Retirement Eligibility Date is after stop loss effective date: soldiers can request retirement to be effective 12 months after retirement eligibility date.
• Retirement Eligibility Date is on or before stop loss effective date: soldiers can request retirement to be effective 12 months from stop loss effective date.

Enlisted soldiers serving on an indefinite enlistment or Officers not retirement eligible but who have completed their Active Duty Service Obligation (ADSO) and who request separation will be separated 12 months from the date they became subject to stop loss.

Both of these stop-loss orders listed above affect voluntary discharges only. However, there are several exceptions to all three orders; those seeking CO, disability, hardship, homosexual conduct or ODPMC discharges (or anyone seeking an involuntary discharge) will NOT be affected by stop loss.

NAVY

Since August of 2002, all stop-loss restrictions have been lifted. There are currently NO stop loss orders in effect in the Navy.

AIR FORCE

Since June 24, 2003, the Air Force Stop-loss has been lifted. The last of those affected by previous stop-loss orders should have been released on June 23, 2003 and are eligible for discharge effective July 31, 2003. The stop loss release applies to all active duty, reserve and air national guard members, however, deployed members must remain in place for the duration of their deployment.

MARINES

ALL stop loss restrictions in the Marines have been lifted:

1. Those in the continental US and Hawaii can begin separating in 90 days from May 22, 2003.
2. Those forward stationed can separate no later than 9/15/03.
3. Those forward deployed remain on stop loss 'til their units return to the continental US, and begin separation 90 days from their return...