does anyone know if the army has to send back soldiers from deployment that were issued subpeonas before they were deployed.. A case is pending due to those witnesses being unavailable?

Check out the Soldier and Sailor Act. It explains how this works for deployed military personnel. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.