Posted on 04/29/2005 10:10:11 AM PDT by SmithL
SAVANNAH, Ga. - The Army said Friday it has denied conscientious objector status for a soldier who refused to deploy to Iraq for a second tour, saying he became morally opposed to war during the 2003 U.S.-led invasion.
Sgt. Kevin Benderman, 40, filed his objector application Dec. 28, just 10 days before he skipped his unit's deployment flight. The Army mechanic faces a court-martial May 12 on charges of desertion and missing movement.
The conscientious-objector denial came Wednesday from the Army's Headquarters Department, Fort Stewart spokesman Lt. Col. Robert Whetstone said.
Benderman and his military attorney, Maj. Scott Sikes, did not immediately return phone calls seeking comment Friday.
Benderman, who has served 10 years in the Army, has said his eight months in Iraq in 2003 included scenes of misery such as a badly burned young girl and mass graves filled with men, women and children.
He had faced tough questions about his sincerity at a February hearing on his application, especially regarding his decision to file his claim days before the Fort Stewart-based 3rd Infantry Division began deploying 19,000 troops to Iraq in January.
His commanders contend Benderman was obligated to deploy with his unit, the 3rd Forward Support Battalion, while the Army processed his objector claim.
The military defines a conscientious objector as someone who opposes war in all forms for deeply held moral or religious reasons.
If convicted at his court-martial, Benderman faces up to seven years in prison, reduction in rank to private and a dishonorable discharge.
You can't conscientiously object to seeing disturbing things.
This is the weakest justification for insubordination yet.
If he was a conscientous-objector, he never should have signed up in the first place. This guy shouldn't go to the front-lines, he's a security risk who would probably betray his unit or do something else to get people killed because he is disgruntled. The Army should keep him in the rear and give him the worst jobs possible. Let him dig ditches and latrines and have him be the #1 guy to get called whenever a truck needs unloaded or floors need swept.
That sounds fair.
That's my little brother's division.
So my brother is over there fighting for America, and this joker isn't because he likes the paychecks but he doesn't like the scenery.
Give him 10 years in Leavenworth and see if he likes the scenery there.
maybe he should try to pull a 'klinger' like on m.a.s.h.?
Something of a disconnect to enlist in the Army and then try to make a claim that you're a CO.
Now if he were a pharmacist who didn't want to fill birth control 'scripts, on the other hand...
My cousin did it the right way - during the Vietnam war, he applied for and received CO status. Then went next door to the Army Recruiter, gave them the paperwork and enlisted with the promise he'd be a medic. They trained him as a medic and sent him to Vietnam. Served two tours over there, and never fired a shot in anger. Earned several medals for courage under fire - and the whole time as a CO.
Don't lock him up. Fine him the max amount, reduce him to E-1, and dishonorably discharge him. Then watch him try to get a decent jobe.
Besides, he presumably served honorably for his first 10 years and his 8-month Iraq tour. That is still worth something, even if he lost his nerve later.
Thanks for posting this SmithL and I will say I agree with everything my beloved said in comment 12.
As a chaplain, I handle CO applicants on occasion. I've yet to recomend someone be discharged as a CO.
......nope... wrong, put him in Baghdad on convoy to and from the airport to work on trucks that breakdown.... get him up to the front and hopefully rid the gene pool of his cowardice. Now we can only hope for the full 7 years in Leavenworth making big rocks into little rocks.
An excellent example of the intent of CO status.
Sounds good. Have him work on the trucks on convoy duty and don't give him a gun because he is a security risk.
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