Posted on 10/01/2006 6:10:28 AM PDT by DaveLoneRanger
Lexington's Darrell Anderson crossed the border back into the United States yesterday afternoon, almost two years after deserting from the Army and fleeing to Canada, and started for home in Kentucky, where he plans to turn himself in at Fort Knox on Tuesday.
But Anderson's stay at Fort Knox apparently could be brief, according to his attorney.
Chicago lawyer Jim Fennerty, who is representing Anderson, told reporters in Canada yesterday that an officer at Fort Knox told him by phone last week that the Army has decided not to court-martial Anderson, and plans to release him within three to five days. Fennerty said the officer told him that a discharge would be mailed to Anderson within a few days after that.
Fort Knox public affairs officer Connie Schaffery said yesterday that officers had been in touch with Anderson, his lawyer and his family to "explain the process." Schaffery said she "cannot speak about what's going to happen when he gets here until he gets here."
Fennerty said the statement came from a major in charge of a special "control unit" at Fort Knox that handles the cases of AWOL soldiers. Fennerty said the information was given to him "orally" and that he had nothing on paper to confirm it.
"That's what I was told," Fennerty said. "Hopefully, this will be honored when he gets there."
Anderson said he is hoping for leniency from the Army but isn't taking anything for granted.
"You never know what's going to happen until it happens," he said. "I'm sort of hoping for the best but planning for the worst."
Anderson who was wounded and received the Purple Heart while serving in Iraq in 2004, fled to Canada in early 2005, hoping to avoid another tour in a war he no longer supported. He has been living in the Toronto area, becoming a highly visible war critic and spokesman for Canadian peace groups. But when Anderson's application for Canadian refugee status was filed too late, he could not get a government work permit and was unable to work. Unsure of his future in Canada, he decided a few weeks ago to return to Kentucky and accept whatever punishment the Army imposes.
Anderson crossed the U.S. border shortly after 2 p.m. yesterday, driven by his mother, Anita Anderson, who drove to Toronto from Lexington on Friday to pick up her son and bring him home.
Back on U.S. soil for the first time in almost two years, Anderson happily hugged his Canadian wife, Gail Greer, who crossed the border just behind him in a car driven by Fennerty.
"Given my time overseas and in Canada, it's actually almost four years since I've lived in the United States," Darrell Anderson said Friday night before starting for home. "So, I don't really know what it's like to live in the States anymore.
"But it's going to be pretty exciting to get home and see what things are like. I just want to get some closure on this and figure out where I go from here."
The family had feared that Anderson might be arrested the moment he tried to enter the United States. Instead, he and his mother breezed through the border station at Buffalo after showing their identification.
It was the car carrying Greer and Fennerty, which also had the lawyer's assistant and a Herald-Leader photographer, that was stopped and searched while the occupants were questioned at length by border guards. The Herald-Leader reporter following in a third vehicle also was stopped and questioned.
As a deserter, Anderson could face a variety of punishments, ranging from a less-than-honorable discharge to a court-martial and jail time or both.
Fort Knox spokeswoman Gini Sinclair said last week that when Anderson turns himself in he will be assigned to a special processing company for AWOL soldiers. She said the commander of that unit, a captain, would review Anderson's case and make a recommendation to the fort's garrison commander, a colonel, who would make the final decision.
According to Sinclair, processing such cases usually takes a few weeks, and most soldiers get less-than-honorable discharges. But some get more serious punishment, she said.
Before crossing into U.S. territory, Anderson held a brief news conference with Canadian reporters at a park a few miles from the border. Representatives of several peace groups from Canada and the United States spoke in support of Anderson.
Lee Zaslofsky, coordinator of the Canada-based War Resisters Support Campaign, said Anderson had been a "real asset" for the organization's effort to have the Canadian government pass a law welcoming U.S. deserters.
According to Zaslofsky, perhaps 200 U.S. deserters and AWOL soldiers are in Canada. Some have applied for Canadian refugee status, but so far the government has not approved any applications, he said.
Anderson said that some of those individuals are considering going back to the United States and that the outcome of his case could be a prime factor in their decisions.
"I think they're kind of waiting to see how my case goes," he said.
Fennerty said yesterday that he thinks the Army might give Anderson a discharge without jail time because he has been a highly visible peace advocate with wide support in Canada and Army commanders might simply want him to "go away."
Meanwhile, Anita Anderson said her son's return to the United States yesterday marked some relief for her family, who has waited and worried since Darrell Anderson first entered the Army in 2003.
"Last night, my stomach was tied in knots," she said. "This is one hurdle. There are more hurdles to go, but this feels really good."
Anita Anderson said the family plans to stay out of public view and rest before her son turns himself in on Tuesday.
"It's been so long that I don't even know the person I used to be," she said. "It's been really hard on my family.
"We just want to get back to a normal life and see what it's like. It's been so long since our family has been together."
"Oops! Did I say 3-5 days.... I meant to say 3-5 years and we'd let him go."
Now that would be justice! That and making him walk Iraq's Green Zone perimeter for guard duty everyday for the remainder of his term in service.
He must be punished in some form. Because his next move will be to join with Cindy.
I'm beyond disgusted at the U.S Army's spinelessness in the face of that human filth who's allowed to walk free with no consequences attached to his betrayal of his own country.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
If you think that the US Army is spineless then you would hate the US "Air Force".
Desertion in time of war: firing squad if I had my way.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
I work at an "Air Force" base and you would be shocked as to the turds that are wearing the uniform of the US "Armed" Forces these days.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
This sounds fishy to me. It is unusual for the military to give information out over the phone on such a high publicity case such as this one and by a major at that.
Is the army going light on him because he did one Iraq tour and got a purple heart? I have more respect for him(what little there is) because of that. Certainly more so than someone who never deploys at all.
Nope. A dishonrable discharge can only be handed down by a court martial. If they aren't trying him then the worst he can get is a general discharge under other than honorable conditions.
If this is true then it's sending a very bad signal. Desert, jump the border for a few months of giving interviews to the Canadian press, then return and go home like nothing's happened and be lionized by the peace groups.
Explain.
Sickening.
In this case a BCD can be issued by the general officer of the command in which this coward is out processed.
That can only happen if he is court-martialed. A dishonorable dicharge is a punitive dicharge and must be adjudged by a court.
If he is separated administratively, as the article suggests, he could receive an under-other-than-honorable-conditions (UOTHC) discharge, but only after he has had the opporunity to plead his case to a discharge board of officers. That would require keeping him around for awhile.
If he doesn't get a UOTHC, then the worst discharge he can get that gets him out fast is a general discharge (under honorable conditions).
You might want to read up on that again. BCDs can only be given by a general or special court martial. Absent a court martial of some type then the worst you can get is general discharge under other than honorable conditions. Local commanders can authorize those without trial based on the circumstances.
Four alternatives: first, if there is no problem recruiting and retaining soldiers, typically there is no crushing need to court martial, especially one that has previously been wounded in combat. Less-than-honorable discharge.
Second, if the Army itself, or his Command feels it necessary that he be court martialed, it will be done *solely* "To maintain good order and discipline". It is made abundantly clear to commanders that prosecutions will not be made on their personal feelings of revenge, and any interference from them will result in automatic acquittal. Dishonorable discharge.
Third, to avoid punishment, he may be reassigned to non-combatant duties out of conflict areas. He will be required to complete his contract, added on to how long he was AWOL. General discharge.
Fourth, after receiving psychiatric evaluation, he is determined to be suffering from post traumatic stress, he may be given a general discharge, but offered 0% disability. This is punitive, in that he has been labeled as mentally unsound for an indefinite period, which will be reflected on his permanent record.
My only difficulty with your analysis is that legally, we are not at war.
I stand corrected. Thanks for the heads up.
Yeah. Even if we were, the likelihood of him being put to death for mere desertion would be extremely remote. The last sentence in my original post was just wishful thinking.
It's because America has been wussified. Much confusion and fusion of the male and female roles has taken place, and men have lost sight of masculinity. Thank you, feminists. We are now a nation of spineless wusses.
thxs for the ping!...your far too kind, let make 'em scrub toilets @ Gitmo. :^/
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