SAN JOSE: Judge orders discharge of an anti-war Marine

San Francisco Chronicle ^ | 4/3/7 | Henry K. Lee

[SmithL]

A federal judge has ordered the Marines to discharge a San Jose lance corporal as a "conscientious objector" who had an aversion to killing and participating in war.

Robert Zabala, 23, must be released from the Marines Corps Reserves by mid-April, U.S. District Judge James Ware said in a 21-page ruling Thursday.

"We're very pleased with it," Zabala's attorney, Stephen Collier, said Monday. "I think it's a good decision and that it makes clear to the armed services that they can't deny conscientious-objector discharges from the military."

Zabala, a UC Santa Cruz student, began boot camp in June 2003. During a three-month period that summer, one of Zabala's superiors repeatedly gave speeches about "blowing s -- up" or "kicking some f- a-," which caused him to wonder "how someone could be so motivated to kill," he wrote in his court petition in April 2006.

[SmithL]

Ware, James

Born 1946 in Birmingham, AL

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by George H.W. Bush on August 3, 1990, to a seat vacated by Robert F. Peckham; Confirmed by the Senate on September 28, 1990, and received commission on October 1, 1990.

Education:
California Lutheran University, B.A., 1969

Stanford Law School, J.D., 1972

Professional Career:
U.S. Army Reserve Second Lieutenant, 1972
U.S. Army, Military Police, 1973
U.S. Army Reserve Captain, Military Police, 1973-1986
Private practice, Palo Alto, California, 1972-1988
Judge, Santa Clara County Superior Court, 1988-1990

Race or Ethnicity: African American

Gender: Male

[ClearCase_guy]

"Wait a minute -- wait a minute -- you mean, the Marines actually go to war?? Oooops. Can I go home now?"

[Doctor Raoul]

Zabala, a UC Santa Cruz student...

Where they only try and kill military recruiters.

[pogo101]

[bnelson44]

Why was this in civilian court?

[Redbob]

"Zabala, a UC Santa Cruz student, began boot camp in June 2003."

How did that come about?
Was it because he VOLUNTEERED???

[SmithL]

Why was this in civilian court?

I haven't found an answer for that, yet.

[Vigilanteman]

OK. Fine. Discharge him. Dishonorably. And make him pay back every dime the USMC have invested in him, not just salaries and benefits, but training costs too. Contracts should have consequences. Even in the lieberal world of la la land.

[ThisLittleLightofMine]

Why can’t he serve out the rest of his term state side?

[dirtboy]

Zabala, a UC Santa Cruz student, began boot camp in June 2003. During a three-month period that summer, one of Zabala's superiors repeatedly gave speeches about "blowing s -- up" or "kicking some f- a-," which caused him to wonder "how someone could be so motivated to kill," he wrote in his court petition in April 2006.

Wow. Marines occasionally blow stuff up and occasionally kill the enemy. Who whudda thunk?

I can see CO status being a factor in a draft. But not a volunteer military. This ruling is insane.

[Condor 63]

Wow. You posted word for word what I was ready to post. LOL

Saved me some trouble.

[Sister_T]

You mean this Brainiac didn’t know that the Marines are part of our armed forces and that its purpose is to break things and *gasp* KILL PEOPLE?

[Frank_2001]

If only we could dig that man up, dust him off and get him back in action...The coward on the other hand, is probably doddering around some shuffleboard cou
rt today...Life ain’t fair;)

[LongElegantLegs]

I guess he meant to join the Other Marine Corp...

[Abathar]

Looks like he had to deal with enough crappy soldiers during his stint that he knows it will be easier to kick him out than to deal with him.

I at least hope he got a dishonorable and not a general dischage though.....

[Tzimisce]

Why do pacifists keep joining the army?

[Frank_2001]

LOL!

[SmithL]

I at least hope he got a dishonorable and not a general dischage though.....

Nope, the Judge ORDERED an Honorable Discharge.

[Abathar]

Oh that just sucks....