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Female U.S. Army deserter pleads guilty, gets 10-month prison term (shoulda been hung)
Reuters ^ | 4/30/2013 | Keith Coffman

Posted on 04/30/2013 6:55:48 PM PDT by markomalley

An Army private believed to be the first female U.S. soldier to seek refuge in Canada rather than return to duty in Iraq was sentenced to 10 months in prison after pleading guilty to desertion, military officials in Colorado said on Tuesday.

Kimberly Rivera, who said she grew opposed to the war during a three-month tour of duty in Iraq, pleaded guilty at a court-martial proceeding in Fort Carson, Colorado, on Monday and was sentenced immediately.

In addition to the prison time, the 30-year-old private was reduced in rank, ordered to forfeit pay and benefits and received a bad conduct discharge, base spokeswoman Meghan Williams said.

Rivera fled to Toronto in 2007 while on leave after serving in Iraq with Fort Carson's 4th Brigade Combat Team, 4th Infantry Division in Baghdad, according to her lawyer, James Branum.

She surrendered to authorities at the U.S. border in upstate New York last September after a Canadian court ordered her deported to the United States, capping several years spent by Rivera unsuccessfully seeking asylum in Canada.

Branum said Rivera was the first and, as far as he knows, the only female U.S. military deserter to flee to Canada during the Iraq war. The advocacy group War Resisters Support Campaign has said Rivera was the first U.S. female soldier to seek asylum in Canada to avoid redeployment to Iraq.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Government
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10 USC § 885 - Art. 85. Desertion

(a) Any member of the armed forces who—

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States;

is guilty of desertion.
(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

1 posted on 04/30/2013 6:55:48 PM PDT by markomalley
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To: markomalley

this is Obamaland.

Desertion is what you get after your dinner with your EBT card.


2 posted on 04/30/2013 6:57:53 PM PDT by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: markomalley

But she’s female! She DESERVES better treatment.

/sarc


3 posted on 04/30/2013 6:58:49 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: markomalley

The liberals love people like this. I’m surprised she got 10 months.


4 posted on 04/30/2013 6:59:53 PM PDT by mardi59 (IMPEACH OBAMA NOW!!!!!)
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To: markomalley
(shoulda been hung)

No, no. Shoulda been hanged. There's a critical difference in the meaning of the two words.

5 posted on 04/30/2013 7:03:19 PM PDT by southernnorthcarolina ("Better be wise by the misfortunes of others than by your own." -- Aesop)
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Comment #6 Removed by Moderator

To: markomalley

She just reserved a tenured faculty position for herself.


7 posted on 04/30/2013 7:08:33 PM PDT by fso301
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To: markomalley

A BCD is absolutely the worse you can ever receive from the military. It’s worse than being hanged. You’re basically the living dead. No benefits whatsoever from the government. Best hope she has is to get married and be supported that way. She’ll never ever be able to hold/have a job.


8 posted on 04/30/2013 7:10:13 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: SkyDancer

Oh hell, this administration will hire her when she gets out.


9 posted on 04/30/2013 7:19:11 PM PDT by Clarence
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To: markomalley

Remember back in the day when desertion was punishable by death? Ah......those were the days


10 posted on 04/30/2013 7:26:39 PM PDT by surroundedbyblue (Why am I both pro-life & pro-gun? Because both positions defend the innocent and protect the weak.)
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To: TurboZamboni

Didn’t you hear Women and Gays are now the Army. Straight American males are no longer
Qualifications and training requirement for Army Rangers have just been lowered. This is only the beginning.
Hah, 10 months? I know guys that did longer in the brig for a lot less.


11 posted on 04/30/2013 7:35:22 PM PDT by Doc91678 (Doc91678)
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To: TurboZamboni

Didn’t you hear Women and Gays are now the Army. Straight American males are no longer
Qualifications and training requirement for Army Rangers have just been lowered. This is only the beginning.
Hah, 10 months? I know guys that did longer in the brig for a lot less.


12 posted on 04/30/2013 7:36:12 PM PDT by Doc91678 (Doc91678)
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To: markomalley

a year of milking cows at Lompoc or busting rocks at Leavenworth would be a good start...


13 posted on 04/30/2013 7:41:13 PM PDT by NormsRevenge (Semper Fi)
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To: markomalley

big chicken dinner.

seems about right.


14 posted on 04/30/2013 7:42:52 PM PDT by RockyTx
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To: SkyDancer

The BCD is only bad if it is checked as a condition for employment or whatever. I believe those days are long gone.


15 posted on 04/30/2013 7:44:34 PM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: SgtHooper

I was thinking anything to do with defense work. Any government work. She’ll be relegated to some minimum wage job. But then, like Carter, she’ll have her BCD changed by Obama.


16 posted on 04/30/2013 7:51:36 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: TurboZamboni
Big Chicken Dinner...

That will leave a mark...

17 posted on 04/30/2013 8:54:29 PM PDT by Wings-n-Wind (The main things are the plain things!)
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To: Doc91678
Qualifications and training requirement for Army Rangers have just been lowered

where'd you read that?

18 posted on 04/30/2013 9:09:47 PM PDT by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: SkyDancer

I’m not too keyed in on rank but it seems that someone 30 years old who was only a private didn’t have much future anywhere.


19 posted on 04/30/2013 9:14:54 PM PDT by EDINVA
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To: SkyDancer

Doubt it. She’s probably already got a job offer waiting at MSNBC.


20 posted on 04/30/2013 9:17:37 PM PDT by WeatherGuy
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To: markomalley

“the 30-year-old private was reduced in rank”

To what?


21 posted on 04/30/2013 10:01:27 PM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: SkyDancer
A BCD is absolutely the worse you can ever receive from the military. It’s worse than being hanged. You’re basically the living dead. No benefits whatsoever from the government. Best hope she has is to get married and be supported that way. She’ll never ever be able to hold/have a job.

Isn't a dishonorable discharge (DD) worse than a BCD? I understand that having a DD is probably worse than having a conviction for murder or forcible rape.

22 posted on 04/30/2013 10:03:23 PM PDT by Fiji Hill
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To: Fiji Hill

Right - after discussing it with my folks it’s a DD that is the absolute worse. A BCD is a close second. Thanks for pointing that out. R/Janey


23 posted on 04/30/2013 10:06:13 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: EDINVA

True - most likely why she deserted.


24 posted on 04/30/2013 10:07:17 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: KrisKrinkle

To PV1 (no rank insignia). The minimum you get out of AIT is PV2, with a single chevron. Most bump you to PFC (chevron plus rocker). All three ranks are still validly referred to as “private”.


25 posted on 04/30/2013 10:08:31 PM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: EDINVA

Not necessarily. A really motivated person can go in at 30 as a private, and within 3 years could be an E-4 corporal or even an E-5 Sergeant. Depending on the MOS (job), she could have made Staff Sgt or SFC by 40, and that’s only assuming she didn’t do a degree program and try for OCS.

I myself was really hurting in my late 30s job-wise, and really looked into going back into the service. I’d have gone back in at probably PFC because I wouldn’t have been able to rejoin in my original MOS which is one of only a few that still use the SPC-4 rank I held, but I’d have been Corporal or SGT within 6 months, assuming I didn’t do OCS right away (have a MS degree). Hard? Sure, but doable.

I’m just past all the cutoff ages now, unfortunately, or I’d still be looking at options.


26 posted on 04/30/2013 10:14:21 PM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: markomalley

A fat single mom on her fifth kid, that is so much better and efficient than using some warrior type male that we used to screen for.


27 posted on 04/30/2013 10:44:06 PM PDT by ansel12 (Civilization, Crusade against the Mohammedan Death Cult)
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To: surroundedbyblue; markomalley

Sounds like a bunch of big balled bullshitters on this thread. Who was the last person hanged for desertion?


28 posted on 05/01/2013 12:34:01 AM PDT by douginthearmy
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To: SkyDancer
I was thinking anything to do with defense work. Any government work. She’ll be relegated to some minimum wage job. But then, like Carter, she’ll have her BCD changed by Obama.

Back in about 1976 desertion was fairly common. You could walk away from your command, stay gone over 30 days, and turn yourself in at another command for processing out. They might have given some brief brig time {30 days max} but the person was out of the service. Yes this was real common in the first two years of Carter's term But this stuff started in Ford's term under Rummy's Sec of Def tenure.

Very few things Carter did right. But his Sec of Def at some point wised up and stopped the nonsense. The deserter got Brig time, the deserter then got a big surprise afterward. The deserter was then placed back to duty to do full obligation Plus Bad Time.

A lot of persons may not believe this but there are a lot of mid to late 50's men out there who have BCD's. Unless they apply for a government job it doesn't get checked.

No one has ever asked to see my DD 214 except the Army NG and the VA. I came home and saw guys I went to high school with who had done this.

29 posted on 05/01/2013 1:02:38 AM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: markomalley
You didn't highlight all the penalty options:

...if the offense is committed in time of war, by death or other such punishment as a court-martial may direct.

30 posted on 05/01/2013 3:18:17 AM PDT by nonsporting
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To: cva66snipe

It’s been over 40 years since I got out of the Army and not once has my DD-214 been asked for and that includes 5 1/2 years with the Sheriffs Dept. Should I ever step through the doors of the local VA I’m sure they’ll ask for it, but so far I’ve not done that and have yet to see the need.


31 posted on 05/01/2013 3:54:12 AM PDT by Dusty Road
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To: markomalley

(shoulda been hung)


32 posted on 05/01/2013 4:24:55 AM PDT by Misterioso (The proverbial elephant in the room is kneeling on a prayer rug. -- Don Feder)
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To: markomalley

One of the kids in my neighborhood deserted from the USMC to avoid going overseas. They just ended up kicking him out.


33 posted on 05/01/2013 4:26:11 AM PDT by AppyPappy (You never see a massacre at a gun show.)
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To: Little Pig

yeah, I was just operating on the assumption that she’d gone thru all the initial training, perhaps an AIT, and had been overseas already for a few months. I’d have assumed in that time she’d have gotten some sort of increase beyond private. But I’ve never served.

Too bad you’ve reached that age issue. There should be jobs that one can do at maturity. Have you looked into the civilian end of DOD or any other related Dept or Agency? Good luck in whatever you do


34 posted on 05/01/2013 9:19:47 AM PDT by EDINVA
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To: SgtHooper
The BCD is only bad if it is checked as a condition for employment or whatever. I believe those days are long gone.

The 10 months in prison plus BCD essentially makes her a felon. She'll be able to hold the kind of jobs where they don't care about criminal history, but that's it.

From a Judge Advocate:

Conviction by special or general court-martial creates a federal criminal record that will follow the Soldier into civilian life. A bad-conduct discharge or dishonorable discharge, if adjudged, eliminates virtually all veterans’ benefits, including educational benefits under the Montgomery G.I. Bill, and creates a record that will follow the Soldier into civilian life.

Any Soldier convicted at court-martial or receiving a punitive discharge can expect to encounter substantial prejudice in civilian life when applying for jobs, college education and/or government benefits. Soldiers who are confined more than six months and/or who receive a punitive discharge automatically forfeit pay and allowances to the jurisdictional limit of the court for the duration of their confinement or (if a punitive discharge is adjudged) for the remainder of their time in service.


35 posted on 05/01/2013 9:33:41 AM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: TurboZamboni

LLAD: Ranger School welcomes women, drops standards

UPDATE 2: There have been several new posts since this went up 15th May, click the Category link to “Rangers and Rangerettes” to see them all. Yes, they will go to Infantry Officer Basic.

UPDATE: the first of several follow-up posts, A Funny Thing Happened this Week, has been up since Thursday and it adds a few more details from teh cascade of information flowing from the unhappy implementers of this latest outburst from the Good Idea Fairy. In the light of the comment interest in this post, we’ll post links to other, forthcoming updates here as well. Now back to the original post:

It was clear that nobody’s opinion was being solicited. The message came from the Chief of Staff of the Army, and the order seems to have come from echelons above him: Ranger School will admit women within a few months. And the women will pass, whatever it takes.
Source:
http://weaponsman.com/?p=2814


36 posted on 05/01/2013 10:58:25 AM PDT by Doc91678 (Doc91678)
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To: TurboZamboni

LLAD: Ranger School welcomes women, drops standards

UPDATE 2: There have been several new posts since this went up 15th May, click the Category link to “Rangers and Rangerettes” to see them all. Yes, they will go to Infantry Officer Basic.

UPDATE: the first of several follow-up posts, A Funny Thing Happened this Week, has been up since Thursday and it adds a few more details from teh cascade of information flowing from the unhappy implementers of this latest outburst from the Good Idea Fairy. In the light of the comment interest in this post, we’ll post links to other, forthcoming updates here as well. Now back to the original post:

It was clear that nobody’s opinion was being solicited. The message came from the Chief of Staff of the Army, and the order seems to have come from echelons above him: Ranger School will admit women within a few months. And the women will pass, whatever it takes.
Source:
http://weaponsman.com/?p=2814


37 posted on 05/01/2013 10:59:06 AM PDT by Doc91678 (Doc91678)
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To: PapaBear3625

Ah yes, the prison time will do it. Good. Thanks!


38 posted on 05/01/2013 2:50:17 PM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: Doc91678
"The message came from the Chief of Staff of the Army, and the order seems to have come from echelons above him: Ranger School will admit women within a few months. And the women will pass, whatever it takes."

It will be interesting to find out what comes of the peer evals. I'm guessing that practice will be entirely revamped or done away with altogether.

39 posted on 05/01/2013 2:54:28 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: Joe 6-pack

First thing to go will be those 120lb. back packs.
20 mile forced night marches.


40 posted on 05/01/2013 3:03:46 PM PDT by Doc91678 (Doc91678)
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To: KrisKrinkle

POTUS


41 posted on 05/01/2013 3:17:42 PM PDT by IFly4Him
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To: Doc91678

It will all be changed, and none of it for the better.


42 posted on 05/01/2013 3:38:55 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: EDINVA

The active military is about the only branch of government I’d still trust enough to work for. I’ve thought about the civvie branches, and even looked into it, but these days I don’t know that I could live with myself if I worked for them.


43 posted on 05/01/2013 8:55:30 PM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: Little Pig

Far be it from me to try to influence you, but do remember that several civilian agencies’ mission is primarily troop/mission support. Also maybe something like USO would be good for you? I don’t know your job skills, personality, preferences, etc. but there ARE decent jobs out there, even with the govt, if you look hard enough (and are desperate enough!)


44 posted on 05/01/2013 8:58:58 PM PDT by EDINVA
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To: cva66snipe

Went I was in 30 days was AWOL, 31 days was desertion.


45 posted on 05/01/2013 9:12:03 PM PDT by jpsb
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To: EDINVA

Unfortunately, my area is IT security, at more or less the GS-14 level, so I’m kind of stuck as to which agencies I can get work in without radically changing my career path.


46 posted on 05/01/2013 9:59:31 PM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: Joe 6-pack

I’m with you on that one.


47 posted on 05/01/2013 10:29:13 PM PDT by Doc91678 (Doc91678)
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To: jpsb
Went I was in 30 days was AWOL, 31 days was desertion.

Yea me too. And a lot of guys were doing it. I saw the ships daily muster reports for AWOL/UA and ones who were later declared a deserter. It surprised me even more though after I got out at the end of my enlistment and ran into guys at home I knew had joined the service and walked off. Most places I had worked had at least one such person.

48 posted on 05/01/2013 10:56:44 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: cva66snipe

I will never forget morning formations in Camp Lejune in 1970. The old salts coming home from nam were really something else. Half of them were UA and the other half didn’t give a damn about anything. The USMC was discharging them as fast as it could. I can’t blame the nam vets, they did their duty and all they wanted was to go home.


49 posted on 05/02/2013 12:52:53 AM PDT by jpsb
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To: Joe 6-pack
It will be interesting to find out what comes of the peer evals.

If you negatively eval a female peer, that will be negatively considered as part of YOUR evaluation.

50 posted on 05/02/2013 3:31:34 AM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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