Posted on 03/03/2005 2:51:57 PM PST by Former Military Chick
Sgt. Kevin Benderman faces a tougher battle in his bid for discharge as a conscientious objector.
The Fort Stewart soldier learned Wednesday that the investigating officer considering Benderman's request is recommending against his application.
Benderman, 40, is still in the early stages of the process that could lead to his obtaining conscientious objector status. Experts say it could take a year or more.
But the negative recommendation now makes Benderman's task more difficult.
Benderman said that the investigating officers' packet includes incorrect information and material that has nothing to do with his conscientious objector application.
"I'm going to file a rebuttal to everything that he included," Benderman said.
He said he has 10 days to file the rebuttal, which would be included with his application.
The Army had no comment.
The denial comes only a week after the Army informed Benderman it would continue to prosecute him on charges of desertion and missing movement because he failed to deploy with his troops in January.
Army prosecutors have argued Benderman defied orders by remaining behind to avoid hazardous duty.
Benderman, a veteran of the war on Iraq, said he was just following instructions. Benderman said his superior released him the night Benderman was scheduled to leave for Iraq and told him to go home and think about his desire to remain behind and be discharged as a conscientious objector.
The maximum penalties for the charges Benderman faces include forfeiture of benefits, loss of rank, dishonorable discharge and up to seven years in jail.
The conscientious objector request and trial for desertion and missing movement are two different legal procedures going on at the same time.
During a recent hearing the 3rd Infantry Division hearing officer reviewing Benderman's conscientious objection request had questioned the timing of the filing: Dec. 28, only several days before the sergeant was scheduled to leave for Iraq.
Benderman said he wanted to make no rash decisions.
He said he needed time to process all he had seen during his first tour in Iraq, during the invasion, and to sort out his anti-war feelings.
He added that he also needed to weigh how best to lead his men: by going with them or standing up for his principles.
Benderman's request will now go up the chain of command.
No court date had been released by Wednesday for his court-martial trial for desertion and missing movement.
I'm assuming he's been in for a while, considering his age. Right? And he's just now decided that he is a conscientious objector?
I just decided I want to conscientiously object to being
in social security.I want out. I wonder if I can get moveon or the ACLU to help me.
I just don't understand how one can be a CO in an all volunteer force.
February 24, 2005 - Iraq War Objector May Face Court-Martial - Sgt. Kevin Benderman
February 20, 2005 - Some Just Say No To Iraq Duty (growing number of military ask for conscientious objector status)
February 6, 2005 - Backlash Confronts Conscientious Objector
I've never been the sharpest knife in the drawer, but when I went in the military, many a long year ago, I did have it in the back of my mind that it was a martial group I was joining.
This guy seems like a careerist, what we called in my day a "lifer." Did he never, in his adult life, consider the purpose uf the United States military?
No ACLU help for you. Only dems and wimps need apply.
I'm wondering if it would just be best to hand these guys forfeiture of benefits, loss of rank, and a dishonorable discharge just to get rid of them. It would save all of the costs involved in what is going on with this guy now. The addition of jail time certainly makes the punishment much less appealing, but that's just more money.
Does anyone know how many servicemen have applied for CO status, or fled to Canada, during the war on terror? I don't think it's very many. I'm wondering how many people are on the fence, thinking it's better to serve out their time than risk being thrown in jail. Reducing the punishment could cause them to opt for desertion, but still, a dishonorable discharge is not something I'd want to carry with me.
I went ahead and gathered the names from the most recent thread I posted on Benderman to let you know of any changes in this case.
Army Mechanic Who Refused to Report for Second Tour of Duty in Iraq to Be Court-Martialed
I see...
Hope it was helpful.
Put this guy up against the wall and pull the triggers.
Give him an M9 and drop him off in downtown Ramadi. He will quickly sort out whether he is a CO or not.
Conscientious Objector UPDATE PING
Yes, but I still think he's a wimp, too.
As the daughter of someone who served, as someone who proudly served her country and married to a fine Army FA Officer, who did serve in Iraq, I will give you my thoughts on the issue.
There are folks who serve in the military who indeed are objectors. But those folks who feel strongly realize while filling out their ALL VOLUNTEER military paperwork that if they have those beliefs not to join. That if there is something else in the military that would allow them to serve with pride and not lift a rifle they would try to accommodate. With an All Volunteer Military there is no reason for this to be an issue, but, it is.
He has a change of heart. But did not express that until he was about to leave. He already served through one war what the hell was that about. He knew that he could be called and sent to Iraq. Seems rather selfish. He enjoyed the benefits of the military but when it was try to put up the goods he professed CO status.
There is a chain of command. There are papers to fill out, interviews to be taken. But, if you wait until the last minute then you must go with your unit to Iraq and wait there, that was the deal you made when you signed the dotted line. While I think to claim CO while we have a volunteer military is BS it appears his chain of command is trying to work with the guy. I do not think he deserves that. He chose to go AWOL.
I hope this offers a bit of insight. I am certain others can give a more current presentation of how this occurs in today's military verses the late 80s.
I'm a former Marine so I'm well aware of all that. There's no love love lost for this guy or his ilk. I guess I'm just a little tired of all of the hassle involved lately and all of the press these guys get. It just fuels the Left, but they're another story.
I agree that having a guy like this in Iraq or elsewhere doesn't do anyone any good. I don't think he could be trusted and I certainly wouldn't want to rely on him.
I feel the exact opposite of this guy. When the war started in 2003 I was, well, homesick I guess is a good word. I couldn't be over there with the Corps and I was a bit upset about it. Most people couldn't understand why a guy would give up a cushy desk job to go kick some arse in the desert.
Esprit de Corps
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