Army mulls whether to prosecute deserter

Spokesman Review ^ | 03/18/2004 | Associated Press

[writer33]

Savannah, Ga. _ A soldier who says he refused to report to duty because he opposes the war in Iraq will be assigned regular duties while commanders decide whether to prosecute him for a five-month absence, a Fort Stewart official said Wednesday.

The Army has no immediate plans to charge or arrest Staff Sgt. Camilo Mejia when he returns to the post, said Maj. Robert Resnick, chief of military justice at Fort Stewart.

"He's not going to be singled out for any different type of treatment," Resnick said.

Mejia, 28, a Florida National Guardsman, is seeking conscientious objector status. On Tuesday, a Florida Guard spokesman said Mejia has been classified as a deserter.

If the Army chooses to prosecute Mejia, he most likely would be charged with absence without leave or desertion. Penalties could range from dishonorable discharge to five years in prison, Resnick said.

Mejia served in Iraq last year but failed to return from a two-week leave in October.

Mejia said he witnessed civilian deaths in Iraq and would rather go to prison than return there. "The justification for this war is money, and no soldier should go to Iraq and give his life for oil," Mejia told reporters.

[writer33]

"If the Army chooses to prosecute Mejia, he most likely would be charged with absence without leave or desertion. Penalties could range from dishonorable discharge to five years in prison, Resnick said."

The UCMJ is very clear here. But now the press is involved.

[Spruce]

I thought desertion during war was a capital offense.

[TexasCajun]

The man volunteered!
Signed a Contract!
I think an example should be made of this confused young man. He DESERTED his fellow Americans & Allies in a time of war, did he not?

[writer33]

Yes, but we all know what happens when the media gets involved and starts putting their spin on it.

[writer33]

That's a tough one as how you define the current time spent in Iraq. The War on Terror continues, but for the most part, the hostilities in Iraq are over. Yes, I'd agree that it's during a time of war, but it becomes when it was officially declared over.

[vpintheak]

This coward pledged an oath to obey the orders of the officers appointed over him. Swearing an oath means something to some people, but apparently not everyone. The military must prosecute this weasel. They would be sending a very bad signal if they don't.

[rrrod]

true...amy i suggest if we dont shoot the s-b we feed him to hillary.

[DannyTN]

Is he Muslim? Not that it matters.

I don't buy the war for oil bit. If war against Saddam wasn't justified, no war is ever justified.

I think we need to prosecute.

[Joe Boucher]

An awful lot of Americans signed up to serve in the National Guard never dreaming they'd be called up for a year of full time service.
What sould inhibit these weekend warriors from just saying hell this isn't for me and came home.
You have to send a meeeage that this is not acceptable.

[MP5SD]

Poultry is just another word for CHICKEN.

[Britton J Wingfield]

I respectfully request permission to kick this guy in the nuts.

[writer33]

I'd agree.

[CholeraJoe]

ART. 85. DESERTION

 (a) Any member of the armed forces who--

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.

 (b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

 (c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

Doesn't say anything about declared war.

[68skylark]

Yes, you are correct that the UCMJ makes this a capital offesne during wartime. (Dozens of other crimes are too -- it's actually a little funny to read all the offensese in the UCMJ that carry that penalty. It's a real 18th century concept of justice.)

I don't know where the 5-year reference comes from. I can speculate that maybe the Army has some sentencing guidelines that call for a 5-year term in jail for this sort of crime.

[IamHD]

"If the Army chooses to prosecute Mejia,"

Wow. I can't believe that they're even "thinking" about this. If they don't prosecute, and they release him with an "honorable" discharge, he'll still be able to collect veteran's benefits. That's just plain wrong!

[writer33]

"You have to send a meeeage that this is not acceptable."


I agree. We had this happen back during Desert Storm. We had a whole company of Army reservists take off the same way. Don't know whatever happened with that. They all came back but were gone for a couple of days or so. Not as long.

[writer33]

"Doesn't say anything about declared war."


Yeah. But the death penalty won't happen. At the most, he'll get some prison time and a dishonorable discharge. Like I said, "The media is involved now."

[dennisw]

Put his a$$ in the brig for a few years.

[RedwM]

They should send him to Afghanistan or Bosnia. Those wars aren't for oil or money. After they bump him back to E-2