Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Navy Coward or Conscientious Objector?
Military.com ^ | 9/23/05 | Matthew Dodd

Posted on 09/29/2005 11:13:29 AM PDT by bkwells

On September 23, 2005, a small, select group of U.S. Navy officers is scheduled to have an opportunity to help make a very important decision that will potentially affect the good order and discipline in the ranks of all our military Services. Specifically, these officers will recommend the type of administrative discharge to be given to a sailor who has claimed to be a conscientious objector to our ongoing global war on terrorism, and specifically our combat operations in Iraq.

I On December 6, 2004, Navy Petty Officer Pablo Paredes showed up at the San Diego pier where his amphibious assault ship, the USS Bonhomme Richard, was scheduled to deploy to the Persian Gulf, in a black tee-shirt with white letters that read, "Like a Cabinet Member, I resign." At Paredes' request, there were many media representatives at the pier to report his actions.

Pablo Paredes, Photo: Citizens for Pablo

Paredes refused to board the ship, thereby missing his scheduled six month deployment, which is a violation of Article 87 of the Uniformed Code of Military Justice (UCMJ): "Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court martial may direct."

In missing his scheduled deployment as he planned and coordinated, Paredes' actions negatively affected many other service members and their families. The most unforgivable affect was to steal focus and attention away from the emotional deployment of over 3,000 sailors and Marines to a combat zone halfway around the world. As a f ire control technician on the Sea Sparrow surface-to-air missile system, Paredes' expertise would be critical to the Bonhomme Richards' self-defense in the Arabian Gulf, which put the ship in the "threat arcs" of Iran 's dangerous

USS Bonhomme Richard. Photo: US Navy

Silkworm anti-ship missiles. Paredes' sudden absence meant either existing shipmates had to pull extra shifts to cover his duties, or another sailor from another ship had to get last-minute orders to deploy in Paredes' place. Either option meant that the ship was deployed to a combat zone in a degraded readiness status.

According to the December 6, 2004 San Diego Union-Tribune, Paredes was very open about his decision to miss the movement of his ship and even spoke to reporters the day before his public demonstration on the pier:

Paredes is a fire control technician manning a Sea Sparrow air defense missile system (Below) that guards against low flying, high speed antiship missiles like the Chinese-designed Silkwork anti-ship missle.

Photo: US Navy

"I'm going to throw my ID in the water and say that I'm no longer part of the military," said Petty Officer Third Class Pablo Paredes, 23. "I want to make a statement, and I want it to be heard."

"He said he was young and naive when he joined the Navy and "never imagined, in a million years, we would go to war with somebody who had done nothing to us."

"He said he thought of smoking marijuana or breaking his leg with a heavy metal rod to try to get a discharge but decided instead to go public with his protest. He said he hopes doing so might inspire other sailors, soldiers and Marines to refuse to take part in the war."

"I know other people are feeling the same way I am, and I'm hoping more people will stand up," he said. "They can't throw us all in jail."

"Paredes, a weapons-control technician from the Bronx, N.Y., said he joined the Navy in 2000 and has 20 months left on his six-year enlistment. He said he was stationed previously in Japan and, until now, did not feel he had a direct role in the war, which he has opposed since its inception."

From researching about Paredes on the internet, I got over 900,000 Google hits. On one hit, http://www.indepundit.com/archive2/2005/05/pablos_pity_par_1.html I discovered that on May 10, 2005, at a public anti-war rally that attracted about 150 persons (including media representatives) in San Diego, Paredes was one of three featured speakers. Rally attendees were given 3x5 index cards on which to write questions for the three speakers. The cards were collected, screened, and then presented to the speakers for response. One card read, "Is there such a thing as a just war, and should the U.S. military be disbanded?" Paredes' response was: "There is no such thing as 'just war.' All militaries should be disbanded, and we should start with the world's largest [meaning the U.S. ?]."

Paredes was tried and convicted at a Special Court Martial on May 11, 2005. At his sentencing on May 12, Paredes read a statement he prepared prior to his trial. It read, in part:

"Your Honor, and to all present, I'd like to state first and foremost that it has never been my intent or motivation to create a mockery of the Navy or its judicial system. I do not consider military members adversaries. I consider myself in solidarity with all service members. It is this feeling of solidarity that was at the root of my actions...I believe as a member of the armed forces that, beyond having a duty to my Chain of Command and my President, I have a higher duty to my conscience and to the supreme law of the land. Both of these higher duties dictate that I must not participate in any way, hands-on or indirect, in the current aggression that has been unleashed on Iraq. In the past few months I have been continually asked if I regret my decision to refuse to board my ship and to do so publicly. I have spent hour upon hour reflecting on my decision, and I can tell you with every fiber of certitude that I possess that I feel in my heart I did the right thing...What I submit to you and the court is that I am convinced the current war is exactly that (illegal). So, if there's anything I can be guilty of, it is my beliefs. I am guilty of believing this war is illegal. I'm guilty of believing war in all forms is immoral and useless, and I am guilty of believing that as a service member I have a duty to refuse to participate in this war because it is illegal."

Paredes was sentenced to a reduction to the lowest rank, two months' restriction to a navy base, and three months of hard labor. The sentence fell short of the government prosecutors' recommendation of nine months' confinement, a bad-conduct discharge, reduction to seaman recruit, and forfeiture of pay and benefits. The maximum punishment for violating Article 87 of the UCMJ is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for two years.

According to the May 13, 2005 San Diego Union -Tribune, "Navy spokesman Sam Samuelson said the guilty verdict sends a message that the Navy is intent on maintaining discipline in the ranks." Granted, this Special Court-Martial conviction, where the maximum permissible punishment for the offense was at least a year in prison, is considered a felony conviction. It will forever be a part of Paredes' record and will likely haunt him throughout his life. From that perspective, I concur with Mr. Samuelson.

However, I disagree that this Special Court-Martial guilty verdict sends a strong-enough that the Navy is intent on maintaining discipline in the ranks. The Navy could have taken the case to a General Court-Martial, which is the only court-martial that can impose the maximum punishment. A Special Court-Martial can only impose imprisonment up to a year, while a Summary Court-Martial can only impose imprisonment up to 30 days. The Navy settled on a Special Court-Martial.

The Navy judge (Lieutenant Commander Bob Klant) at Paredes' court-martial could have imposed a much harsher punishment, including imprisonment. The judge decided on a much lighter punishment than the maximum punishment allowed. From reading many different accounts of the court-martial proceedings, it appears to me that one of the factors heavily influencing the judge's sentencing decision was the prosecutor's inability to de-legitimize one of Paredes' main arguments that the war in Iraq was illegal. Following a difficult prosecution cross-examination of an international law expert, Judge Lieutenant Commander Klant said to the court: "I think the government has successfully proved that any seaman recruit has reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal."

In sharp contrast to Mr. Samuelson's comments, a representative sampling of the comments and opinions I researched about the verdict and the imposed sentence certainly lead me to wonder about what the future holds for us in our global war on terrorism:

"...the sentence was an "affirmation" of the right of members of the military to speak out publicly on issues like the war in Iraq..."This is a huge victory. It recognizes, even if only by implication, the legitimacy of acting against an illegal war based on sincere and reasonable beliefs"...And most important, no jail time. That's a significant victory for war-resisters and the peace movement."

On September 23, 2005, an administrative separation board of officers is scheduled to convene to help decide the appropriate level of separation. Since Paredes' court martial did not result in a punitive discharge (i.e. bad conduct discharge or dishonorable discharge), the board must now meet to recommend one of three administrative discharges: honorable, general (under honorable conditions), or under other than honorable conditions.

In my opinion, the board's decision is really a choice of one. Other than honorable conditions discharges are warranted when the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Military Services, or when the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Military Services. Included among examples of factors that may be considered are acts or omissions that endanger the security of the United States or the health and welfare of other members of the Military Services, and deliberate acts or omissions that seriously endanger the health and safety of other persons.

From all that I have read and understand about Paredes' case, it is clear that he deserves an other than honorable discharge. I saw nothing about his military record and his anti-military actions that would lead me to seriously consider his military service as honorable.

I see a young man who willingly volunteered for the Navy, and willingly took all that the Navy offered him: a job, a paycheck, technical training, and all the benefits that come with life in the Navy (medical, commissary, etc.). I see someone who says he believes there is no just war and that all militaries should be disbanded, yet he was able to join the military and was content to be a military member until he was ordered to deploy to a combat zone. I see someone who says he is driven by deeply held beliefs, yet he uses the public media to share his personal convictions with the world. I see a man who says he is in solidarity with all military members, yet his selfish actions have deliberately hurt his fellow military members and their families during a time of war. Lastly, I see a man who claims that he was opposed to the war in Iraq since its inception, yet he only started speaking out about his opposition to it when he was ordered to participate in it.

Webster's Dictionary defines 'coward' as a person who lacks courage in facing danger, difficulty, opposition, pain, etc. Despite what his supporters claim he is, I see Pablo Paredes in that definition. I just hope the officers of the administrative separation board see him the same way and show that the Navy is willing to maintain discipline in its ranks.

Lt. Col. Matthew Dodd USMC is a Senior Editor of DefenseWatch. He can be reached at mattdodd1775@hotmail.com. Please send Feedback responses to dwfeedback@yahoo.com. ©2005 DefenseWatch. All opinions expressed in this article are the author's and do not necessarily reflect those of Military.com.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events; War on Terror
KEYWORDS: coward; navy; pablo; paredes
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-83 next last
To: bkwells
Hang 'em High.

The fact that he has a media campaign says a lot-- it says he's after his 15. If he's a c-objector, then why the HECK did he sign up for the military? He's a fraud and a pub whore.

I'm glad he's not "fighting" because how many of his fellow soldiers would he get killed?
61 posted on 09/29/2005 1:20:38 PM PDT by ElderEdda
[ Post Reply | Private Reply | To 1 | View Replies]

To: 04-Bravo
"It's outrageous that somebody would volunteer for military pay, benefits, and training, then pretend he didn't know what he was getting into."

Like Benedict Arnold he changed his mind and crossed over to the enemy. He said there was no just war and called for dismantling the US mil in one "peace" rally. However, that was a rare utterance. Most of his rubbish claims the US is engaged in an illegal war and that the jihadi's are peaceful folk being grievously and illegally offended by America.

62 posted on 09/29/2005 1:24:20 PM PDT by spunkets
[ Post Reply | Private Reply | To 60 | View Replies]

To: bkwells
"I'm going to throw my ID in the water and say that I'm no longer part of the military ..."

Yeah, right, I'm sure the court martial board will agree with you.

63 posted on 09/29/2005 1:33:09 PM PDT by JoeGar
[ Post Reply | Private Reply | To 1 | View Replies]

To: bkwells
My son is in the Navy & I hope he doesn't see this crap~ I can honestly say I despise the MSM
I don't care if that does make me childish
Nanner Nanner Boo Boo lol
64 posted on 09/29/2005 1:35:28 PM PDT by Cindy_Cin
[ Post Reply | Private Reply | To 1 | View Replies]

To: bkwells

as petronski says, he's a deserter. he should be thrown in jail. or, an even more fun thing, shoot or hang him.


65 posted on 09/29/2005 1:39:36 PM PDT by DTwistedSisterS
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gumlegs

I want to just grab this little $#!+ by the collar and slap some sense into him.


66 posted on 09/29/2005 1:49:02 PM PDT by Junior (Some drink to silence the voices in their heads. I drink to understand them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: spunkets
"Will it be part of a hugh list?"

SERIESLY! All your typsos are belong to us...;-)

67 posted on 09/29/2005 1:54:48 PM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
[ Post Reply | Private Reply | To 47 | View Replies]

To: bkwells

Coward! Plain and simple.


68 posted on 09/29/2005 1:57:17 PM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 1 | View Replies]

To: <1/1,000,000th%
HIC-a-Do-la!

[Family Guy]

Wasn't Quagmire a swabbie?

69 posted on 09/29/2005 2:28:29 PM PDT by Freedom_Fighter_2001 (When money is no object - it's your money they're talking about)
[ Post Reply | Private Reply | To 55 | View Replies]

To: bkwells

Deserter. String him up.


70 posted on 09/29/2005 2:30:07 PM PDT by Little Ray (I'm a reactionary, hirsute, gun-owning, knuckle dragging, Christian Neanderthal and proud of it!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Junior

Volunteer for duty at Leavenworth. You may get the chance.


71 posted on 09/29/2005 2:39:02 PM PDT by Gumlegs
[ Post Reply | Private Reply | To 66 | View Replies]

To: bkwells
When I was a young man I wanted to join the Navy but my hearing handicap ruled me out as a suitable candidate. Its funny how my country enlists traitors but wanted nothing of the likes of me when she could have had me serve. I would have served honorably. I guess with the likes of Pablo Paredes, our military has received exactly the candidates they deserve. They should stop complaining about being surprised by such recruits.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
72 posted on 09/29/2005 6:04:13 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Petronski
A geniune C.O opposes all wars on principle. Paredes wasn't one since he opposed the Iraq War only to get out of serving where he might be injured or killed. Coward? Yes! I'm only disappointed he's not going to get a dishonorable discharge even though his conduct fully merits his receiving it.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
73 posted on 09/29/2005 6:07:10 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Wristpin
Liberals enrolled in the military expecting a full service welfare agency to be there to cater to all their needs. They have no cognition of the true meaning of the word "service." Look at what the entitlement mentality has bred.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
74 posted on 09/29/2005 6:08:51 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 6 | View Replies]

To: goldstategop
I guess with the likes of Pablo Paredes, our military has received exactly the candidates they deserve. They should stop complaining about being surprised by such recruits.

I don't think we deserve this type of individual. I'm sorry the Navy wouldn't take you when you volunteered, but that doesn't mean we deserve the likes of pablo. Besides, this guy was not a recruit. He had already served over a year on a ship that was forward deployed to Japan. He didn't have any problem serving then. It wasn't until he got orders to the USS BONHOMME RICHARD - which was scheduled to deploy to the Gulf soon after his report-no-later-than date -, did he all-of-a-sudden choose to become a c.o.

75 posted on 09/29/2005 10:10:09 PM PDT by bkwells
[ Post Reply | Private Reply | To 72 | View Replies]

To: bkwells
Sorry - it is a volunteer military and people do sign up of their own free will. So a better way to put people of Paredo's disposition in their place is to let them know military life involves taking on risks - among them, being prepared to die for your country. If that's not for them, then the service is not their place. I should make it clear I'm not complaining I couldn't be accepted - just that I would have gladly done so if my physical condition had been completely sound. And whatever the nature of my assignment, I would have done it faithfully. So on further reflection, every young American ought to take on that duty when they enlist. Their country expects the utmost of them. After all being a patriot entails acceptance of the possibility one may have to sacrifice one's own life so other Americans, both the living and future generations yet to come can enjoy the fullest measure of freedom. Let's remember that every Veterans and Memorial Day when we go to the cemetaries to honor the dead who gave their lives for this nation.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
76 posted on 09/29/2005 10:20:29 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 75 | View Replies]

To: bkwells

Not even in harms way, a volunteer, during a national crisis and while at war, as an NCO, he decides that he changed his mind and this war is bad.

No, he is not a coward. He is a deserter.

Will the Navy go after his like they should? Probably not. This guy deserves confinement. Lots of it.

Red6


77 posted on 09/29/2005 10:26:40 PM PDT by Red6
[ Post Reply | Private Reply | To 1 | View Replies]

To: brownsfan

" It is time of war"

Congress hasn't declared a war that I know of.


78 posted on 09/30/2005 9:29:06 AM PDT by dljordan
[ Post Reply | Private Reply | To 7 | View Replies]

To: Darksheare
chuuckle

Make sure you get chuuckle in there too, Darks!

79 posted on 09/30/2005 9:42:28 AM PDT by fanfan (" The liberal party is not corrupt " Prime Minister Paul Martin)
[ Post Reply | Private Reply | To 27 | View Replies]

To: fanfan

Me and my typos..


80 posted on 09/30/2005 10:14:24 AM PDT by Darksheare (There is a Possum in the works.)
[ Post Reply | Private Reply | To 79 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-83 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson