Soldier Sues Over Military's Stop-Loss Policy
He also vows to fight against his country on what he calls a backdoor draft.
"I signed my contract for 8 years and the government involuntarily extended me for another 27 years," says Santiago.
The military's Stop Loss Policy temporarily prohibits soldiers from retiring or quitting when their enlistment is up. It's a way to ensure the Army has the soldiers it needs.
"I never heard of Stop Loss until actually they came to my unit or I got the alert letter of possibly deployment," he said.
"There is no mention of that provision in the contract," says Santiago's attorney, Steven Goldberg with the National Lawyer's Guild.
In court, Santiago's attorney argued that Santiago's enlistment document was an 8-year contract that expired in June 2004. He argued that nowhere does it say in that document that Santiago's enlistment could be extended.
Last June, just when Santiago thought he was getting out, his enlistment was extended until Christmas Eve 2031.
"For people who have served their commitment to the military, let 'em go -- that's what the law demands," says Goldberg.
"It says it's for a term of 8 years, but it doesn't say he's promised he'll be released on any certain date," says H. Thomas Byron, attorney for the U.S. Justice Department.
The government's attorney also argued that Santiago's unit needs him, calling his service 'critical'.
"My job is so simple, just refueling aircraft, connect hoses, pump fuel turn on the pump and fill up the aircraft, I don't see any critical skills," says Santiago.
But President Bush, Santiago's Captain, and now the 9th Circuit Court of appeals all agree -- Santiago is needed, and it's a matter of national emergency.
"It's just crazy," says Santiago.
A three-judge panel heard the case Wednesday, and there's no word why they ruled against him.
Santiago's attorneys will try another appeal before the entire appellate court.