	Introduction

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 Persian 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 nine years. Today, there are nearly 8,000 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 sympathize 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. What Is Stop Loss? What Is the Authority for Stop Loss? Section 12305 was added to Title 10 by the Department of Defense Authorization Act of 1984. This delegation authorized the Secretary to suspend the laws regarding promotion, retirement and separation and to further delegate this authority to subordinates appointed by the President. With the reserves ordered to active duty and the proclamation of a national emergency, the Secretary of Defense can approve implementation of programs such as Stop Loss. The following summarizes the use of Stop Loss during OIF/OEF by service:

		Army

The Army, the largest service and with the most servicemembers deployed to OIF/OEF, has used Stop Loss extensively and across all three components—active Army, Army Reserve and Army National Guard. At the time when the memo was released in 2007, only the Army was still using its Stop Loss authority and maintained that the program was still necessary to ensure that only trained and ready units were deployed to Iraq and Afghanistan. Stop Loss Special Pay

While the FY2009 NDAA was silent on the issue of compensation for those in Stop Loss status, the FY2009 omnibus appropriations act authorized a maximum Stop Loss Special Pay of $500 per month for any servicemember in Stop Loss status during any month or portion thereof during FY2009. This provision was not retroactive to September 11, 2001 and the authority for this special pay initially expired on September 30, 2009. Suspension of the Stop Loss Program

On March 18, 2009, Secretary of Defense Gates announced the phased suspension of the Army's Stop Loss program that was intended to eliminate the regular use of Stop Loss. The Active Army and Army National Guard have established the Deployment Extension Incentive Pay (DEIP) program. These payments begin after the member's separation date and will be tax-free if earned while in a war zone. This special pay would have expired on September 30, 2009, but the date was extended to June 30, 2011, by the FY2010 NDAA. and were referred to a case manager for resolution. All applications must be submitted by October 21, 2010.
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 Persian 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 nine years. Today, there are nearly 8,000 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 sympathize 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. This special pay was later extended to June 30, 2011 by the National Defense Authorization Act for FY2010.
The Stop Loss Special Pay was criticized because it applied only to those in Stop Loss status during FY2009 and beyond and did not address the nearly 185,000 members who had been Stop Lossed since September 11, 2001. This was changed by the FY2009 Supplemental, P.L. 111-32, which extended the special pay back to September 11, 2001, still at the rate of $500 per month. Servicemembers are required to apply to their parent service and upon validation will receive a lump sum Retroactive Stop Loss payment. The application period ends on October 21, 2010.
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 announced on March 18, 2009, the phased suspension of the Stop Loss program. The Army's active component program ended on January 1, 2010 while the Army Reserve and Army National Guard programs ended in August and September, 2009, respectively. While the Services will retain the legal authority for Stop Loss, the Secretary of Defense decision phased out the regular use of Stop Loss for Iraq and Afghanistan.
With Stop Loss suspended, all three Army components (Active, Guard, and Reserve) have implemented financial incentive programs to encourage volunteers to remain with their units during a deployment. This pay, generally referred to as Deployment Extension Incentive Pay (DEIP) varies in amount by component but is tax-free if earned in a combat zone.