Judge Blocks Army’s Attempt to Discharge 17-Year Veteran

A District Court judge in Denver has issued an injunction preventing the Army from dismissing a 17-year veteran, Staff Sgt. James Boyd, whose re-enlistment contract extends past the date he would become eligible for retirement and full benefits.

Boyd, whose battle with the Army was the subject of a story published in The Times on Tuesday, has a flawless disciplinary record. But the Army, needing to reduce manpower to meet budgetary cutbacks, said he had performed inadequately in a previous assignment.

If Boyd were dismissed before completing 20 years of service, he would lose an $863-a-month lifetime pension and all other retirement benefits.

U.S. District Judge Jim Carrigan was critical of the Army for waiting until this point in Boyd’s career to try to dismiss him. In his ruling Thursday, Carrigan said the injunction would remain in effect until a trial is held to determine if Boyd’s constitutional rights have been violated.

Boyd, who would have had to leave the Army on Friday if the judge had ruled otherwise, was returned to duty at Ft. Carson near Colorado Springs, Colo.

In 1987, the Army had encouraged Boyd to re-enlist for six years, thus ensuring that he could complete 20 years of service and be eligible for retirement benefits. Boyd contends the Army has broken faith by deciding to unilaterally terminate the contract.