Articles

Military Enlistment: or When a Contract Isn't Contract

Jorge Mariscal -

Santiago v. Rumsfeld

It is an axiom among activists working in the area of counter-recruitment that the enlistment contract isn’t worth the paper it’s printed on. What this means in practical terms is that whatever a recruiter promises to deliver to a new recruit-specific jobs or assignment, length of service, benefits, or even citizenship-can be withdrawn or changed at any time.

Section C, Paragraph 9(b) of the enlistment contract states:

"Laws and regulations that govern military personnel may change without notice to me. Such changes may affect my status, pay, allowances, benefits, and responsibilities as a member of the Armed Forces regardless of the provisions of this enlistment/reenlistment document."

While this loophole is well known in counter-recruitment circles, it obviously is not something recruiters emphasize to young people and their families. Major David Griesmer, public affairs officer for the Marine Corps Recruiting Command based in Quantico, Virginia, for example, recently described the recruitment process to the San Francisco Chronicle:

"If you don’t like what you’re hearing, you can walk away. And I can tell you that everything is spelled out in a contract when the applicant signs."

But the Pentagon’s stand down of all recruitment activities on May 20 was a warning flag signaling widespread recruiter deception and unethical conduct. More important, the recent case brought by a National Guard soldier against the Pentagon puts the lie to Major Griesmer’s claim and sheds new light on the true nature of the military enlistment contract, a contract that according to this recent court decision is no contract at all.

In Santiago v. Rumsfeld, the curtain concealing the realities of military service is pulled back to reveal the literal meaning of G.I. (government issue) or the soldier as property. Emiliano Santiago, the young Mexican immigrant who brought the case, was not a political activist and did not oppose the wars in Afghanistan and Iraq.

The son of migrant farmworkers, he enlisted in the Oregon National Guard for one of the more intangible reasons young people sign up-the lure of the uniform. He recalls his recruiter telling him that the National Guard would never leave the United States "unless there was World War III."

For almost eight years, the recruiter’s partial truth held up for Santiago even though thousands of National Guard troops already had been sent to Afghanistan and Iraq. With only two weeks left in the Guard, Santiago was ordered to report to Fort Sill where his unit was prepariing for deployment to Afghanistan.

Because his term of enlistment was technically over Santiago decided to challenge the government. Currently more than a dozen soldiers affected by the so-called stop-loss policy have filed similar lawsuits. Between 40,000 and 50,000 active-duty, reserve, and National Guard personnel have had their terms extended under the policy since 2001.

Santiago and his attorneys lost the first round in the U.S. District Court in Oregon, and immediately appealed to the U.S. Ninth Circuit. On May 13, 2005, a panel of three judges upheld the lower court’s ruling and thereby validated the government’s position.

In their opinion, the judges invoked Title 10 § 12305(a) of the U.S. Code which reads in part:

"the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States."

According to Santiago’s lawyers, such presidential power is granted only when Congress has declared war or a national emergency. President Bush declared a national emergency on September 14, 2001 but Congress has yet to do so. The presidential decree has been renewed each year since 2001 even though U.S. Code Title 50 § 1622 reads:

"Not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated.."

The Ninth Circuit Court’s decision underwrites the almost unlimited power of the executive branch in national security situations, affirming the government’s contention that "threre is no basis for the notion that principles of construction drawn from commercial contract disputes can be invoked to transform a vital federal statute into a dead letter, especially in the crucial area of the President’s power to command the military and protect this Nation’s security."

Of greater interest to counter-recruitment activists are the arguments made about the legal status of military personnel. In both the district court case and the Ninth Circuit case government lawyers argued that contractual obligations did not apply in the Santiago case because upon entering the military the status of a "citizen" shifts to that of "soldier."

Basing its argument on Bell v. United States (1961), itself based on an 1890 decision, the government stipulated: "Enlistment in the armed forces does not constitute merely a bargain between two parties, but effects a change of status by which ‘the citizen becomes a soldier.’" Under this new status, "common law contract principles yield to federal statutes and regulations." The government further argued: "The terms of an enlistment contract certainly cannot circumscribe the authority of the Presidentto conduct the nation’s military policy."

The Ninth Circuit’s ruling reiterated that the military enlistment contract "provides notice that changes in federal law-even if inconsistent with the written terms of the contract-would apply" given that "the contract itself specifies that unlisted contingencies may cause an alteration in the agreed upn terms." In short, every recruit who signs an enlistment contract has just signed away his or her fundamental rights as a U.S. citizen.

Acknowledging the "disruption, hardship, and risk that extension of his enlistment is causing Santiago to endure," the Ninth Circuit nevertheless upheld the original decision and in effect sent Santiago packing to Afghanistan. Post-trial comments by the Pentagon spokesmen denied that the purpose of stop-loss orders was to compensate for recent recruitment shortfalls.

Rather, argued Lt. Col. Bryan Hilferty, "It’s about teams I think most Americans would prefer that, even if they’re opposed to the war, that they fight together as teams." Apparently, as Emiliano Santiago learned the hard way, the U.S. military is a "team" that recruits young men and women under false pretenses and then never allows them to quit. Santiago’s new estmated date of separation from the National Guard is December 25, 2031. The government has assured him that the date is simply an "administrative convenience."

JORGE MARISCAL teaches Chicano Studies at the University of California, San Diego. He is a member of Project YANO (San Diego), a counter-recruitment and anti-militarism organization. Visit his blog at: jorgemariscal.blogspot.com/ He can be reached at: This email address is being protected from spambots. You need JavaScript enabled to view it.


How Military Recruiters Pitch to Latinos

Jorge Mariscal -

PowerPoint Racism

In a 1958 CIA information report on revolutionary activities in Cuba, the agent in charge wrote "Che [Guevara] is fairly intellectual for a Latin." A racist assertion such as this was not uncommon in government documents. Throughout the Cold War, official bureaucratic language and content continued to be influenced by long-standing"scientific" theories about national character and racial psychology.

Those of us engaged in anti-racist activism and research are well aware that many racial stereotypes with origins in earlier centuries persist in corporate boardrooms, universities, and shop floors across America. But although we know the conservatives’ claims about "level playing fields," "the end of racism," and "post-civil rights society" are hollow rhetoric, we can still be stunned to find 19th century images and assumptions being reproduced in public spaces at the beginning of the 21st century.

As has been widely reported in the media over the last two years, the Pentagon’s interest in young Latino men and women peeked in the late 1990s when demographic indicators revealed that Latino youth would be the largest pool of military age youth in coming decades. Because Latino youth were (and continue to be) underrepresented in the military and because their educational and economic opportunities are limited compared to other groups, recruiting strategists have been busy concocting a series of well-funded "Hispanic initiatives."

For almost a decade, the Pentagon has thrown millions of dollars at Spanish-language recruitment campaigns and promoted fast-track naturalization procedures for non-citizens. Even laudable proposals that would provide provisional residency for non-citizen students so that they could attend college (the DREAM Act) have been salted with covert military options (see note below).

The Return of "Scientific" Racism

One of the founding documents of modern racism is Count Arthur de Gobineau’s The Inequality of Human Races (1853-1855). This remarkable manual of racist thinking found its most enthusiastic audience in the German Reich but also exerted its influence over all Western racisms, especially their North American mutations.

In the conclusion to his chapter on the "Inequalities of languages," Gobineau writes: "All the facts, however, mentioned in this chapter go to prove that, originally, there is a perfect correspondence between the intellectual virtues of a race and those of its native speech; that languages are, in consequence, unequal in value and significance as races are also that their qualities and merits, like a people’s blood, disappear or become absorbed, when they are swamped by too many heterogeneous elements Hence, though it is often difficult to infer at once, in a particular case, the merits of a people from those of its language, it is quite certain that in theory this can always be done."

Today, Gobineau’s name is known to only a handful of scholars. But the racist logic that informed his writings lives on deep in the structures of U.S. society.

During a 2005 training session for employees of the Department of Defense’s Joint Advertising and Marketing Research and Studies program (JAMRS), representatives of the New York-based Michael Saray Hispanic Marketing firm made a power point presentation designed to upgrade the military’s campaign to attract Latino youth.

The mission of JAMRS, according to the official website, is the following: "Our marketing communications programs help broaden people’s understanding of Military Service as a career option, while our internal government market research and study programs help bolster the effectiveness of all the Services’ recruiting and retention efforts." The presentation by the Saray group, whose clients include major corporate players such as Allstate and Geico, was designed to explain "Hispanics" to JAMRS employees in order to facilitate the military’s niche marketing efforts.

This kind of activity belies the Pentagon’s frequent contention that recruiters do not target by ethnicity. In fact, reports such as the one prepared by the CNA Corporation in 2004 reveals that the Marine Corps recruiting station in San Diego, California, collects detailed information on "economic and race/ethnic distributions in its fifteen substations and eleven contact areas." The report notes that "Hispanics" make up 31% of the population in this station area that stretches from the U.S.-Mexico border to southern Utah.

In the "Language and Cultural DNA" section of the Saray group’s presentation, we learn three important assumptions: 1) "Latinos are culturally ‘hard wired’ differently," 2) "Hispanics" are "right brain" and thus "emotional, intuitive, creative, and visionary" (unlike "left brain" groups who are "intellectual, sequential, analytical, logical"), and 3) "America’s system of education was built on a strong cultural bias toward the left hemisphere of the brain."

Citing a study by the influential Yankelovich, Inc., public opinion research firm, presenters showed audience members a typology of consumers composed of four basic types: "Fervents, Indifferents, Practicals, and Emotionals." According to the study’s authors, "Hispanics are twice as likely to be Emotionals."

Simply put, JAMRS trainees were taught "the Spanish language has not favored intellect over emotion. It’s [sic] bias or thought process has not favored the left brain over the right brain. This is a real cultural difference." Therefore, the Saray group’s advice to Pentagon ad men devising Hispanic campaigns for military recruitment is to "avoid blatant overuse of numbers. You want to reach the heart, not the left brain." To sum up, "the traditions of Hispanic culture are not necessarily in-synch with the concept of ‘mainstream society’ or the ‘American Dream.’ In general, Hispanics are right brain thinkers. The marketer must ‘acculturate’ or risk losing relevancy by continued reliance on left brain thinking."


The Fastest Growing Segment of the Population-Hispanic Right Brain Emotionals

What is not at all clear is the extent to which Pentagon officials subscribe to the Saray’s group language-based system of racial types. One can only assume that the consequences for diversifying the officer corps, to take one area where Latinos are grossly underrepresented, would be quite negative since undoubtedly no one wants "right brain" non-logical and emotional officers leading troops into battle.

A cursory examination of recent recruiting advertisements, however, suggests that the JAMRS audience, like other government and corporate policymakers, was already in tune with the contents of the Saray presentation. Ads featuring adoring Latina mothers and slogans like "¿Estás listo para lo que te espera?" ("Are you ready for wait awaits you?"-emotional and painfully ironic given the war in Iraq) have proliferated since the "war on terror" began.

As journalists Tom Hamburger and Peter Wallsten, authors of One Party Country: The Republican Plan for Dominance in the 21st Century, told Amy Goodman on a recent "Democracy Now!" program, Republican planners in the 2004 election operated from a set of stereotypes similar to those promoted by the Saray and Yankelovich marketers: "George W. Bush won 40% of the Hispanic vote nationally, which is a pretty remarkable number for Republicans and they did this with a strategy that some strategists call the "I love you" strategy, where they manage to appeal to a sense of emotion, rather than issues, in the case of Latinos."

According to this racializing model, "right-brain" irrational Hispanics, unsuited for "America’s system of education," will vote their way into Karl Rove’s projected Republican majority, and for decades to come fill the ranks of the lowest echelons of the service sector, the prison system, and the combat units of America’s imperial army. Were he alive today Che Guevara, whom a CIA operative once described as "fairly intellectual for a Latin," would undoubtedly be asking progressive Latinos what they plan to do about it.

JORGE MARISCAL is a Vietnam veteran and director of the Chicano-Latino Arts and Humanities Program at the University of California, San Diego. He is a member of Project YANO (San Diego). Visit his blog at: jorgemariscal.blogspot.com/ He can be reached at: This email address is being protected from spambots. You need JavaScript enabled to view it.


What Veterans See

Jorge Mariscal -

A Country in a Bubble

In August of 1945, Ralph Mariscal, Jr., a 23 year-old son of Mexican immigrants and a U.S. Marine, sat waiting off the coast of Japan with thousands of other troops. The invasion would be bloody, they had been told, but as it turned out history would take a different course. Rather than invading Japan, my father and U.S. forces landed at Sasebo among the first contingent of U.S. occupation forces. What he saw in nearby Nagasaki would stay with him forever.

Military veterans tend to view commonplace things through a different lens. Because they have seen the best and the worst of human behavior they have little patience for empty bravado and posturing. Today my father and his 80-something veteran pals refer to President Bush as "Little Napoleon." The cowboy swagger with arms swinging wide at the hips signals "chicken hawk" to them. They always get a good laugh at the commander-in-chief’s expense.

When my colleague Gus Chavez, who taught for years at SDSU, is at the San Diego airport, he watches the young Marines just out of boot camp. Most of them will wind up in Iraq. What he really sees are the injured soldiers and Marines he treated as a Navy corpsman at the Balboa Hospital throughout the early years of the U.S. war in Southeast Asia.

When Vietnam vet Charley Trujillo listens to interviews with young GIs in Iraq, he hears the voices of his comrades in arms whose only objective was to get home alive. When he listened to former Secretary of Defense Donald Rumsfeld’s resignation speech in which he implied the war in Iraq was simply too complex for the American public to understand, he heard the arrogant assertions of Secretary of Defense Robert MacNamara, the architect of the U.S. adventure in Vietnam.

Most folks are amused when the Dodge Nitro commercial shows a car being blown a hundred feet into the air. But the veteran sees improvised explosive devices going off on Iraqi roads, their friends blown up before their eyes.

Most folks are shocked to hear a "special report" on CNN about how military recruiters distort the truth in order to meet their quotas. Veterans smile knowingly. They never met anyone in the service to whom a recruiter had not told a half-truth or an outright lie.

Most folks parrot the slogan "Support our troops." They put yellow ribbon and American flag stickers on their cars. Veterans wonder how supporting our troops can mean sending them to fight in a war with no clearly defined mission and no clearly defined exit strategy in a country that never posed a threat to the United States.

What is most striking to all veterans when they return from the combat zone is the way in which daily life appears to go on as if nothing was different. Football, malls, movies-does anyone realize that young men and women in uniform are surrounded by death and dying in a killing field faraway? Civilians see the headlines about Britney Spears’ divorce, but veterans see a country living in a bubble.

JORGE MARISCAL is a Vietnam veteran and director of the Chicano-Latino Arts and Humanities Program at the University of California, San Diego. He is a member of Project YANO (San Diego). Visit his blog at: jorgemariscal.blogspot.com/ He can be reached at: This email address is being protected from spambots. You need JavaScript enabled to view it.


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