Another Reservist Suing Army Over Not Letting Him Out

Note as this article reports; The three conditions not met for keeping a Reservist beyond his contractual obligation; NOT MET;

-- He is not 'under investigation'

-- It is not a time of war (undeclared and illegal war in Iraq)

-- No National Emergency has been declared.

-- No other conditions identified which would necessitate this action.



By Rob Olmstead Daily Herald Staff Writer
Posted Wednesday, March 16, 2005

A decorated Army Reserve officer from Arlington Heights sued his commander Tuesday, arguing the commander's refusal to release him from service is a de facto "internal draft."

Maj. Richard Olejniczak, 35, says although there is no "stop- loss" order prohibiting his exit from the reserves, his commander, Col. John F. Hanley, twice denied his resignation.

Olejniczak, a West Point graduate who served twice in Kuwait, was honorably discharged from the Army in 1995 and then entered the Reserves, where he has served since. He is stationed with the 1st Brigade, 85th Division at Fort Sheridan.

"Petitioner has more than fulfilled his eight-year statutory military service obligation," wrote his lawyer, Eugene R. Fidell.

Fidell said Olejniczak serves voluntarily and has no agreement forcing him to stay in the military. The military has been having trouble meeting its recruiting goals since hostilities began in Iraq, and many reservists have been called for multiple tours of duty, Fidell said.

According to the suit, Army regulations say the only reason non-obligated officers cannot resign is if they're under investigation, in a time of war, a national emergency has been declared or "under other conditions which may necessitate such action."

Fidell said that none of those three conditions apply and Olejniczak should be discharged.

"He's not subject to any stop- loss order," Fidell said.

A spokeswoman for the Army's 85th Division said she would check into the suit and likely have a comment Wednesday.

Olejniczak could not be reached for comment. The suit said he has earned a Meritorious Service medal, three Army Commendation medals, seven Army Achievement medals, an Army Service medal, two Army Reserve Component Achievement medals and a Southwest Asia Service medal with a bronze service star.

"Mr. Olejniczak is extremely proud of his service," said Fidell.

Daily Herald