Posted on 11/27/2008 2:35:16 PM PST by Jet Jaguar
MUNICH, Germany — An American soldier who deserted the Army 18 months ago to avoid a second tour to Iraq has asked the German government for political asylum, making him the first U.S. servicemember to go that route over Iraq.
Army Spc. Andrè L. Shepherd submitted his petition Wednesday to a German federal office in Giessen that handles migration and refugee issues. Worried the Army might attempt to arrest him, Shepherd didn't publicly disclose the time and place of his filing until he held a press conference Thursday morning in Frankfurt.
In a seven-page letter written earlier this year for his attorney, Shepherd stated he wanted "to walk away from the Army and, more to the point, my country." The Apache helicopter mechanic from Cleveland wrote of not wanting to be "an instrument of destruction" and of the "imperial actions of an America gone horribly wrong."
A spokesman for U.S. Army Europe said late Wednesday the command had just learned of the asylum case hours earlier.
“We know nothing about it," other than a news release that came out announcing the press conference, said Bruce Anderson said. “We’re waiting for the facts.”
Shepherd's request for political asylum puts the United States and Germany into uncharted waters. Both countries have much in common in the cultural, business and military arena. But Germany also has been a steadfast critic of the Iraq war, and while German lawmakers in recent years have made it harder for an "Ausländer" (foreigner) to seek asylum, the threshold isn't insurmountable.
"No one knows how the German government will handle the case," said Reinhard Marx, a Frankfurt-based asylum lawyer representing Shepherd.
The asylum request, the first of its kind since the Vietnam War, according to Marx, is fraught with military and diplomatic landmines. For one, Germany is home to dozens of Army and Air Force installations, from which tens of thousands of servicemembers funnel through en route to Afghanistan or Iraq every year.
Historically, Canada has been the most likely destination for a U.S. servicemember contemplating political asylum looking to avoid a tour to the front. That was especially the case during the Vietnam War, when thousands of draftees headed north. But the door to Canada doesn't swing like it used to, and it longer is the only primary option for those of Shepherd's persuasion.
Instead, servicemembers of the current combat era are just as likely to apply to the Army for conscientious objector status. However, most don't. In fiscal year 2007, 4,698 soldiers deserted the Army, according to Maj. Nathan Banks, a Pentagon Army spokesman. The latest figures for fiscal year 2008, show a decrease, down to 3,559.
In a recent interview, Shepherd said he didn't wanted to go the route of a conscientious objector because it would have meant renouncing all wars, something he refuses to do. His beef is with the so-called War on Terror, particularly the operation in Iraq.
Shepherd was slated to deploy to Iraq in 2007 as a member of the 412th Aviation Support Battalion, headquartered in Katterbach, Germany. The 31-year-old joined the Army in January 2004 and served six months in Iraq, from September 2004 to February 2005. As a helicopter mechanic, Shepherd didn't regularly step outside the wire at Forward Operating Base Speicher, located near the city of Tikrit in northern Iraq.
Upon his return, Shepherd said he began researching the lead-up and execution of the war. He concluded the war was “a fraud,” but figured that with his unit in a period of reorganization he might be able to fulfill his enlistment without returning downrange.
But on April 11, 2007, with deployment orders to Iraq looming, Shepherd left for "vacation" in the dead of night and didn't return, except once to pick up a few belongings. His unit left without him a couple of months later.
Shepherd decided to surface now because his battalion is back in Katterbach after a 15-month tour.
Before his company deployed, Shepherd "worked in the orderly room, and he was OK," said Maj. Harold Demby, the soldier's company commander. From what Demby observed, Shepherd was "a quiet soldier who didn't say a lot," though he sensed there may have been some maturity issues.
Shepherd was "not sure what he wanted to do" with his life, Demby said in a brief phone interview.
Through intermediaries, Stars and Stripes interviewed Shepherd several days before he filed for political asylum. The meeting occurred in an isolated house in the Bavarian countryside, not far from the Austrian border.
"Welcome to the Outback," said a man named Dieter, the homeowner.
At the behest of two reporters, Shepherd donned his camouflage uniform for pictures. It was a loose fit.
"Nobody knows how America will react," Shepherd said of his upcoming petition for political asylum. "Nobody knows what will happen."
Already Shepherd had begun to pack his bags, figuring that like any other asylum seeker in Germany he would be sent to one of several refugee reception centers.
On Wednesday, as Shepherd was being processed at the facility in Giessen, Marx would not disclose which reception center his client had been assigned. Marx later furnished a copy of the 29-page brief he submitted to the Giessen office, which serves as Germany’s clearinghouse for political asylum requests.
Filing such a petition, Marx said, “does not automatically mean you give up your citizenship.”
In the legal brief, written in German, it stated that Shepherd “does not want to participate in a war that is against international law,” citing Article 2.4 of the U.N. charter. It also invoked the possibility of him being accused of “war crimes,” which he did not want to be a party to.
“For the decision he made, he would have to face charges by a military court with authority over him,” the brief continued. Additionally, “the applicant for political asylum is afraid of prosecution under the Geneva Convention.”
Shepherd suspects his case could take a few years to sort out, based on what Marx has told him. But the case also could be dispatched with in short order, which probably wouldn't bode well for him.
“I don’t want to be punished for making the right decision, or standing up for what I believe in,” Shepherd said as he sat at a pinewood table in a sparsely furnished kitchen.
“It will be a protracted battle because America has a lot to lose,” he added, “and Germany will have a ticking time bomb on their hands.”
Such inflammatory comments aren't at all unusual for Shepherd, not at this stage in his life. While his old company commander was reluctant to go into details about the soldier's post-deployment problems, Shepherd wasn't.
After he returned from Iraq in 2005, Shepherd said his "entire personality took a massive, massive nosedive." He drank heavily and argued with his superiors. In August of that year he received an Article 15, a form of nonjudicial punishment.
Unit leaders "didn't know what was wrong with me," Shepherd said, "but they wanted to help me all the same."
Life in the shadows hasn't been all that gloomy for Shepherd. He's got a German girlfriend, several friends and a day-to-day existence, at least until this week, that on the surface seems normal. He got out, shopped and even took in an occasional movie in a nearby theater. Only twice did he have to talk his way past the local police.
Glimpsing at his military ID, which has yet to expire, it's clear Shepherd has dropped weight, at least 15 pounds by his estimate. He attributed the loss to eating less and walking more. Driving a car, he said, is a rare treat because to do so leaves him exposed, particularly if he is involved in an accident. So he walks just about everywhere.
"This is a life-changing moment," Shepherd said. "We know the risk we face."
Shepherd has a polite, yet passive demeanor. He's quick with a smile, but his staccato laugh seems more like a nervous tick than anything else. The habit predates his enlistment, Shepherd said.
Prior to enlisting in the Army, Shepherd attended college but had to drop out his last year because he had no money. He has worked several different jobs, from being a courier and a fast-food restaurant manager to landscaping and selling vacuum cleaners door-to-door.
"I didn't sell anything," Shepherd said. "I'm not a salesman."
Shepherd was also homeless a couple of times, sleeping in the backseat of his car at night.
When he joined the Army, his mom worried but his dad was proud. He's not sure what their reaction will be to his request for political asylum in Germany.
"It's a difficult situation for my family," Shepherd said.
The maximum U.S. penalty for desertion in wartime remains death.
I so hope they make an example of him. But I imagine they won’t.
Doesn’t the SOF agreement with Germany require them to turn him over to the MPs? Thats how it was back in the day
(postwar to 1970s).
The last time I was in Giessen was 1974 but they had buses and trains there.
Stars & Gripes is a fully-owned subsidiary of Associated Press-Obama.
Naturally, this article would get max coverage.
Good riddance. Revoke his citizenship and never allow him to see foot on US soil again. He can be Germany’s problem now. Do we really want this chickenshiite possibly passing on his genes here in the US?
This is a lot of wasted effort over some bum. Arrest him for desertion and throw him in prison for a few years.
its not like he didnt know wha the signed up for. Why didn’t he leave the military 2 years ago
With all due respect to mechanics, but this guy wasn’t even in the fighting. What would he be so afraid of?
Besides, wouldn’t this type be front and center now with 0?
From the OP:
“r he returned from Iraq in 2005, Shepherd said his “entire personality took a massive, massive nosedive.” He drank heavily and argued with his superiors. In August of that year he received an Article 15, a form of nonjudicial punishment.”
Time and again we see that moonbat liberals are simply not sane.
The fact that he can’t deal with authority and chooses to live in a land with a ticking muslim time bomb means he has no real reasoning abilities.
and is permanently pissed off, especially at asylum seekers.
Enjoy your stay…
Obama will give him a cabinet post.....
The Germans should hand him over to us. He’s ours, we should deal with him.
I’d say a nice stint in Federal prison and then a dishonorable discharge would be sufficient.
Isn't that just special. May Andre have the short, brutish life he so richly deserves.
Did I read this right? He was a helicopter mechanic. Hardly the same as bomb disposal or driving a humvee through the streets.
Sounds like a coward and a traitor. String him up.
I’m going out on a limb here and say: Potential or current Muslim convert.
Unfortunately, I concur.
Damn coward.
Put him up in front of a firing squad in Mannheim.
I wouldn’t waste ammo on this individual. Tar and feather would save resources.
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