A case involving a National Guard soldier in Washington may be an extreme example, but it highlights a problem for the military as fighting in Iraq continues, stretching an already shrunken military and dissuading potential recruits. It is a problem the military must address head-on, not through recruiting gimmicks such a free hunting and fishing licenses and flag-emblazoned key rings which some units are handing out to attract new members.

A federal judge in California recently refused to issue an order stopping the soldier, identified only as John Doe because he is said to fear retribution, from being sent to Iraq. But the judge, Frank Damrell, did say he wanted to hear more about the case before making a final decision, likely later this month.

The soldier, who is a member of the California National Guard, was scheduled to complete his service next spring. He recently received orders extending his service by a year as his unit, based at Fort Lewis, Wash., prepares to head to Iraq. He argues that the military’s “stop loss” policy does not apply to the National Guard and that enlistments can be lengthened only during a war or national emergency declared by Congress, which has not happened with the war in Iraq and war on terrorism.

The stop-loss order was signed by President Bush three days after the Sept. 11 attacks. Since then, about 40,000 National Guard soldiers have had their service extended by the order. Reserve and National Guard troops make up more than one-third of the American military personnel serving in Iraq, the largest deployment of these forces since World War II. While those who signed up with the Reserves and National Guard knew they could be sent overseas, many did not expect those deployments to last a year or more and fewer still expected to be sent away twice within 12 months.

Assistant Secretary of Defense for Reserve Affairs Thomas Hall recently told the Armed Forces Press Service that the expectations of reservists and guardsmen and their families must change. They are no longer weekend warriors, but full-time participants in the war on terror.

The military, too, must change the expectations it has of its personnel. Rather than forcefully retaining soldiers after their term of duty is up, if more men and women are needed for the war on terrorism, more should be hired. The Defense Authorization Act, signed by the president in October, should help since it includes funding for an additional 30,000 Army and 9,000 Marine personnel, both active duty and reserve.

Knowing they will be discharged when they’re supposed to and won’t be sent overseas for years at a time will do more for attracting these new soldiers than the free hunting and fishing licenses, state park passes and pink T-shirts for female recruits that some units are now offering.