Soldier who fought fifth deployment to war deemed medically unfit
Lawyer says soldier wants honorable discharge and release from IRR
By Lisa Burgess, Stars and Stripes
Mideast edition, Thursday, August 16, 2007
ARLINGTON, Va. — The Florida reservist who asked federal courts to block the Army from sending him to Iraq on a fifth deployment was excused from active service after being found medically unfit. He is still seeking an honorable discharge to prevent another call-up, according to his lawyer.
“Now we’re working to put the icing on the cake and get him out of the IRR,” or Individual Ready Reserve, Fayetteville, N.C.-based attorney Mark Waple said.
Sgt. Erik Botta, 26, of Port St. Lucie, Fla., won’t be finished with his eight-year obligation until October 2008, so he is asking for the discharge to ensure he will not get another call-up to Iraq, Waple said.
Chances of that happening are slim, Waple said.
“I think there’s one chance in 1,000 that he’d get mobilized,” Waple said. “I don’t think any Human Resource Command
would dare do that.”
To avoid being listed as AWOL, Botta reported July 15 to Fort Jackson, S.C., while his petition for relief from the deployment was pending in federal court in Florida.
During his routine medical exam, Waple said, the physician “asked if Erik had any unresolved legal issues you hoped to get resolved before you go,” then told the young soldier, “‘I am determining you are no longer medically fit for worldwide deployment.’”
Botta’s release “certainly happened under very peculiar circumstances,” Waple said.
It’s clear, Waple said, that the medical discharge “was a way for the Army to avoid having to explain their position” in federal court.
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