Soldier To Sue Military After 5th Army Deployment

http://www.local6.com/news/13642869/detail.html

POSTED: 10:35 pm EDT July 8, 2007

PORT ST. LUCIE, Fla. -- A Florida soldier who enlisted after the Sept. 11, 2001, attacks plans to sue the military, fighting his fifth order to combat, according to a Local 6 report.

Twenty-six-year-old Erik Botta, who is a Port St. Lucie reservist, signed up for the service days after the Sept. 11 attacks. He did a tour in Afghanistan and three in Iraq, but he said enough is enough.

Botta plans to file suit this week, asking for an exemption or delay so that he can complete his engineering studies.

He'll also ask the court to prevent the Army from requiring him to report for duty until the legal questions are settled, according to WJXT-TV in Jacksonville.

An Army spokeswoman said the service evaluates "each request independently to determine if the mobilization will cause undue hardship for the soldier or the family."

Watch Local 6 News for more on this story.