UPDATED REPORT: NC Mom Who Took Kids To Army Wins Discharge

An attorney for a North Carolina mother who reported for Army duty at Fort Benning, Georgia, with her two young children said Monday she will be discharged from the military, reports the Atlanta Journal Constitution.

The AJC reports Lisa Pagan's attorney said it was not clear whether his client would get an honorable or general discharge under honorable conditions, and when the discharge might happen.



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Attorney Mark Waple said Monday that Lisa Pagan was scheduled to meet Monday morning with commanders at Fort Benning, Ga. Waple said she took her children along with her to the base for the meeting.

Pagan was recalled to the Army four years after being honorably discharged, which is allowed under the military's "individual ready reserve" program. But she says she has no one to care for her children, and had to bring them with her when reporting as ordered.

Waple said he didn't know if Pagan's case would be resolved Monday, but said the meeting represents "the next step toward some kind of resolution."



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DAVIDSON, N.C. (AP) -- When Lisa Pagan reports for duty Sunday, four long years after she was honorably discharged from the Army, she'll arrive with more than her old uniform. She's bringing her kids, too.

"I have to bring them with me," she said. "I don't have a choice."

Pagan is among thousands of former service members who have left active duty since the Sept. 11 attacks, only to later receive orders to return to service. They're not in training, they're not getting a Defense Department salary, but as long as they have time left on their original enlistment contracts, they're on "individual ready reserve" status - eligible to be recalled at any time.

Soldiers can appeal, and some have won permission to remain in civilian life. Pagan filed several appeals, arguing that because her husband travels for business, no one else can take care of her kids. All were rejected, leaving Pagan with what she says is a choice between deploying to Iraq and abandoning her family, or refusing her orders and potentially facing charges.

Then she hit on the idea of showing up Sunday at Fort Benning, Ga., with her children in tow.

"I guess they'll have to contact the highest person at the base, and they'll have to decide from there what to do," Pagan said. "I either report and bring the children with me or don't report and face dishonorable discharge and possibly being arrested. I guess I'll just have to make my case while I'm there."

Master Sgt. Keith O'Donnell, an Army spokesman in St. Louis, said the commander at Fort Benning will decide how to handle the situation.

"The Army tries to look at the whole picture and they definitely don't want to do anything that jeopardizes the family or jeopardizes the children," O'Donnell said. "At the same time, these are individuals who made obligations and commitments to the country."

Of the 25,000 individual ready reserve troops recalled since September 2001, more than 7,500 have been granted deferments or exemptions, O'Donnell said. About 1,000 have failed to report. O'Donnell most of those cases are still under investigation, while 360 soldiers have been separated from the Army either through "other than honorable" discharges or general discharges.

He said Pagan isn't likely to face charges, since none of the individual ready reserve soldiers who have failed to report faced a court-martial.

Pagan, who grew up near Camden, N.J., was working in a department store when she made her commitment in September 2002. She learned how to drive a truck, and met Travis while stationed in Hawaii. She had her first child while in uniform, and they left the service in 2005 when their enlistments were up.

She always knew there was a chance she could be recalled, so she buried the thought in the back of her mind.

"When I enlisted, they said almost nobody gets called back when you're in the IRR," she said.

The young family settled outside of Charlotte in the college town of Davidson, where Travis landed a job as a salesman. It required lots of travel, but that was OK - Pagan enjoyed her life as a stay-at-home mom to their son Eric and second child, a daughter named Elizabeth.

She opened a child-care center in her home, and started taking classes at nearby Fayetteville State.

The orders to return to active duty arrived in December 2007. She told the Army there was no one to take care of her children: Her husband spent most of his time on the road, and they believe quitting his job is a sure path to bankruptcy and foreclosure. Her parents live in New Jersey and her husband's parents live in Texas. Neither are able to help out. The Army wasn't persuaded.

Pagan hired attorney Mark Waple, who filed another appeal, which included a letter from Travis Pagan's employer that said bluntly: "In order for Travis to remain an employee, he will be required to travel." In December 2008, her appeal was again rejected.

"It's the obligation of commanders to make certain that service members have a valid family care plan and that clearly has not happened in Lisa's case," Waple said.

Tom Tarantino, a policy associate with the Iraq and Afghanistan Veterans of America, a nonprofit group that helps veterans, said the Army has taken a hard line on many of these cases.

"Usually the only way that someone can get out of the deployment or get out of the military due to a family hardship is if they get into a situation where the kids will be put into foster care," Tarantino said.

"That's how serious it has to be, and I'm sure what the military is telling her - and I'm not saying that this is exactly the right answer - but the fact that it is inconvenient for her husband's job is not the military's problem. It's very harsh."


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