NEW YORK, Oct. 23 -- An Army captain sued the government Friday to block his pending deployment to Iraq, saying he resigned in June after completing eight years of service in the Army and Army Reserve.
Jay J. Ferriola, 31, said in the lawsuit in U.S. District Court in Manhattan that Defense Secretary Donald H. Rumsfeld unlawfully continues to exercise control over him even though he properly resigned and was asked to turn in his equipment.
The New York resident has never received a written, official response to his resignation request, said the lawsuit, which asks a judge to process and approve the resignation.
A spokesman for the U.S. attorney's office declined comment.
Ferriola last week received orders to report Monday for active duty with the 306th Military Police Battalion, which will leave for a year and a half "on a dangerous mission in Iraq," the lawsuit said.
It was not fear that prompted Ferriola to take legal action but a desire to get on with his life, said his lawyer, Barry I. Slotnick.
Last month, a judge ruled that an Army reservist from North Carolina must report to active duty. Todd Parrish had argued he had fulfilled his military obligation and sent the Army a letter resigning his commission, but the judge agreed with the Army that he could be recalled to duty because he failed to sign a resignation line on a letter asking for an update on his personal information.