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Captain Who Challenged Duty Discharged

The Army has agreed to honorably discharge an Army captain who challenged his assignment to Iraq in court, saying he had properly resigned.
/ Source: The Associated Press

The Army has agreed to honorably discharge an Army captain who challenged his assignment to Iraq in court, saying he had properly resigned.

Jay Ferriola, 31, emerged smiling from U.S. District Court on Friday after his lawyer, Barry Slotnick, told a judge that Ferriola was withdrawing his legal challenge because the Army on Wednesday had formally and honorably discharged him.

"I'm very happy," Ferriola said.

Ferriola, a New Yorker who had served in South Korea and Bosnia, said he brought his lawsuit two weeks ago because he was assigned to Iraq even though he had told the Army in June that he was resigning because his eight-year term was finished.

The Army had not acted on his resignation request until he sued the government.

"It wasn't a fear of going over," Ferriola said. "I didn't want to lose 18 months of my life whether I was going to Iraq or Paris."