Army Reservist wins fight against fifth combat deployment

Erik Botta had already served one tour in Afghanistan and three tours in Iraq when he was called up again.

The Army has released a reservist from active duty after he asked a federal court to block his fifth deployment to war zones, his lawyer said Tuesday.

Sgt. Erik Botta was sent to Iraq three times and to Afghanistan once, and he felt the Army should consider his previous tours "to assure a sharing of exposure to the hazards of combat." He filed a court petition July 12, contending that the Army's refusal to exempt him "constitutes unlawful custody."

But Botta, 26, of Port St. Lucie, withdrew his petition Tuesday, noting that the Army told him he would be released from active duty and demobilized as of Tuesday, his lawyers said in a filing in U.S District Court here.

Botta was sent home from Fort Jackson near Columbia, S.C., on Monday night, said his attorney, Mark Waple.

Read the rest at AOL News

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