Stop-loss policy

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The stop-loss policy, in the United States military, is the retention of some troops to remain in service beyond their expected term. Soldiers contractually agree to partake in stop-loss, but it is only put into effect when the United States Government deems it necessary. Stop loss was created by Congress after the Vietnam War. Those who join the military agree to this provision under paragraph 9c of the enlistment contract which states:

"In the event of war, my enlistment in the Armed Forces continues until six (6) months after the war ends, unless my enlistment is ended sooner by the President of the United States."

Stop-loss was first significantly used just before and during the first Gulf War. It was again used by President Bill Clinton at the beginning of the Bosnia deployment and during the Kosovo Air Campaign. It has been used more extensively since 2001 primarily to fight the War on Terrorism declared by President George W. Bush.

The use of this means, along with incentive based programs, has been controversial, and called by some, including John Kerry, Bush's challenger during the 2004 US Presidential Election, a "backdoor draft."

The first legal challenge to this policy came in October 2004, with a lawsuit challenged by an anonymous National Guardsman in California, referred to as "John Doe." A basis for the suit is that stop-loss does not apply to the current situtation in Iraq, which is a military occupation and not a war zone.

The first legal challenge to the extension of term of service of military call-up or contract occurred during the American Civil War.