Posted on 02/26/2005 1:49:22 PM PST by Former Military Chick
Feb. 25, 2005 - An Army mechanic who refused to deploy to Iraq for a second tour of duty will be court-martialed on desertion charges, officials said Friday.
Sgt. Kevin Benderman, 40, missed his unit's deployment flight Jan. 7 after giving his commanders notice 10 days earlier that he planned to seek a discharge as a conscientious objector. Benderman said he had become opposed to war after serving in the 2003 invasion of Iraq.
Fort Stewart commanders contend Benderman had an obligation to deploy with his unit, the 3rd Forward Support Battalion of the 3rd Infantry Division, while the Army processed his objector application.
Benderman will be tried by a general court-martial, the most serious form of court-martial, on charges of desertion and missing movement. If convicted, he faces up to seven years in prison, reduction in rank to private and a dishonorable discharge.
Military courts can also opt for no punishment, even for defendants found guilty. No trial date has been set.
"In fairness to the soldier, the command is working hard to resolve these issues as expediently as possible," said Fort Stewart spokesman Lt. Col. Robert Whetstone.
Benderman did not immediately return a phone call Friday. But he said in a Jan. 20 interview that he was not guilty.
Though he never fired a gun in combat, Benderman says the misery he saw firsthand including a badly burned young girl and mass graves led him to seek objector status.
Objector applications are subject to lengthy review by the Army. Benderman waited to notify his commanders until the week before the 3rd Infantry at Fort Stewart began deploying its 19,000 troops to Iraq.
I applaud his service in the first war, and if he felt this way he had many years to bring this to the attention of his chain of command.
I am also impressed with the fairness his command has given this soldier. Waiting until a week before deployment just seems fishy to me.

We'll leave the light on...
Why would someone enlist if they're opposed to war? Isn't that the purpose of the military?
See? It's those darn ads. Everyone thinks it's not just a job, but a big adventure.
Indeed. That is a great photo. I have been meaning to take one, of the one they are tearing down and the new one that you posted that looks like a college campus and has no HARD labor whats so ever.
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And there's...
HAL G. MOORE: The Legacy and Lessons of an American Warrior
http://www.armchairgeneral.com/page_left_column.php?content=show_curr_issue_0904a
http://war-forums.com/forums/showthread.php?t=14752&page=1
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At the Battle of IA DRANG-1965 half of our 1st Battalion, U.S. 7th Cavalry Medics were killed while shielding the wounded soldiers they trying to save.
Some were doing so outside our own lines during North Vietnamese Human Wave assaults against us.
Medics who carried no weapons themselves.
Medics who were all Conscientious Objectors..!!!
http://www.lzxray.com
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Going to War can have the effect of convincing some people to become opposed to War.
An Uncle of mine served in three wars: WWII, Korea and Vietnam (four if you count the Cold War). He retired as a full bird after thirty plus years. When he returned from his second tour in Vietnam he became opposed to War and never talked further of it.
He should have started his objections a lot sooner and he should have shown up for duty. However that being said , do we really want people serving in Iraq who dont want to be there so badly they go AWOL? I think his Fellow soldiers are better off without him. It looks to me like they could find this guy a duty station at the North pole or somewhere safe.
Not an adventure? NOW, you tell me....
I'm not gung ho to see him court martialed given that he did serve his Country the first time around.
No special type duty for the guy, make him pound rocks...
What he saw firsthand should make him want to go back and finish the mission with his fellow soldiers so it never happens again. This conscientious objector stuff sounds like BS to me.
billorites - good one! :)
We may have had this conversation before, but is this guy a 40 year old E-5?
Christ, why don't they just give him a cig/blindfold and get it over with? I'd have chosen to die in battle over this.
As someone who's never served, I think it's very believable that this soldier was turned off by war by experiencing it. But isn't there a process for dealing with that, such as going to his CO and telling him the situation or something? I'm asking. Any military here, if you experienced this situation at the same stage in your service, what, as you understand it, is the proper procedure? And did this guy follow it?
You make an excellent arguement. I would not want this guy covering my husbands six in Iraq. But, really if you are opposed to death would you allow your fellow soldiers to die because you oppose the war and your paperwork had not been accepted.
I know, this guy might not be the best, but to pull a stunt a week prior to deployment well I have doubts on his sincereity. Sorry.
Excellent comment, thank you.
He could fall down and start crying/screamimg...they would then ship him off to the "4th floor".....
LOL OK, I didn't know that was the officially sanctioned procedure. Thanks! :)
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