flyingtiger1013 Posted July 28, 2005 Share Posted July 28, 2005 http://apnews.excite.com/article/20050728/D8BKEHT82.html FORT STEWART, Ga. (AP) - Sgt. Kevin Benderman turned his back on war, but he insists he never deserted the Army whose uniform he continues to wear six months after refusing to deploy to Iraq for a second tour. Benderman served in Iraq during the 2003 invasion, but says he decided he could no longer be a part of the destruction he witnessed, even if that meant choosing his conscience over his commitment to his fellow troops. He faces a general court-martial Thursday on charges of desertion. "I went to war. I never ran from it," Benderman said Wednesday. "I experienced it and I realized it's not what I should be doing. In my opinion, it's not what anybody should be doing in the modern world." Benderman, a mechanic, faces up to five years in prison if convicted. He has opted to let a military judge, Col. Donna M. Wright, decide his guilt or innocence rather than a jury of his peers in uniform. That's a shrewd move, considering the bitter emotions that wartime desertion cases can stir up in soldiers, said Mark Stevens, a defense attorney in North Carolina and retired Marine Corps judge advocate. "With the war going on, I would not choose a (jury) panel, especially a panel that's been to Iraq," Stevens said. "Desertion is a very technical legal defense, and a lot of times juries go on their gut." Benderman said he became morally opposed to war after serving eight months in Iraq, where he witnessed a young girl suffering third-degree burns to her arm, dogs feeding on corpses in a mass grave and Iraqi civilians drinking from mud puddles. He did not tell commanders he planned to seek objector status until 15 months later, after he had trained with his unit for a year in preparation to return to Iraq and had packed his bags to ship overseas. He skipped his 3rd Infantry Division unit's deployment flight Jan. 8, just 10 days after giving Fort Stewart commanders notice that he was seeking a discharge as a conscientious objector. Prosecutors argue Benderman had an obligation to deploy while his conscientious objector application was pending, and his actions betrayed the soldiers in his unit. The Army Conscientious Objector Review Board rejected Benderman's application April 22. "Sergeant Benderman submitted his conscientious objector application, not because of deeply held moral or ethical beliefs, but rather, because he did not want to deploy with his unit," Col. John M. Kidd, Fort Stewart's garrison commander, said in a memo April 6. Military law defines a deserter as a soldier who flees the military with no intent to return or to "avoid hazardous duty or to shirk important service." Benderman declined to discuss specifics of his case. But his civilian defense attorney, William Cassara, said Fort Stewart trumped up charges against Benderman to punish him for his anti-war stance. -------------------------------------------------------------------------------- Patton: What's the matter with you? Soldier Who Gets Slapped: Well, I... I guess I... I can't take it anymore. Patton: What did you say? Soldier Who Gets Slapped: It's my nerves, sir. I... I just can't stand the shelling anymore. Patton: Your *nerves*? Well, hell, you're nothing but a God-damned coward. [soldier start sniveling] Patton: Shut up! [slaps him, once forehanded, then backhanded on the rebound] Patton: I'm not going to have a man sitting here *crying*! In front of these brave men who have been wounded in battle! [soldier snivels some more, and Patton swings a vicious forehand slap, knocking his helmet away] Patton: *Shut up!* [to the doctors] Patton: Don't admit this yellow ****. There's nothing wrong with him. I won't have a man who's just afraid to fight *stinking up this place of honor!* You will get him back up to the front. [to soldier] Patton: You're going back to the front, boy. You may get shot, and you may get killed, but you're going back to the fighting. Either that, or I'll stand you up before a firing squad. Why, I ought to shoot you right now, you... [pulls his service automatic. At that, the doctors leap forward and hustle the soldier out of the tent. Patton keeps shouting at the soldier's back] Patton: God-damned ****! Get him out of here! Take him back to the *front! You hear me? You God-damned coward!* [Takes deep breath] Patton: I won't have cowards in my army. Link to comment Share on other sites More sharing options...
airborneskins Posted July 28, 2005 Share Posted July 28, 2005 I don't feel sorry for this guy 1 bit.. I don't care what he says, he missed movement and he needs to be punished.. Link to comment Share on other sites More sharing options...
Spaceman Spiff Posted July 28, 2005 Share Posted July 28, 2005 Patton owns. Link to comment Share on other sites More sharing options...
SkinsBry Posted July 28, 2005 Share Posted July 28, 2005 I take into consideration that he has served time over there, so I'd say dishonorable discharge, no jail time. Link to comment Share on other sites More sharing options...
airborneskins Posted July 28, 2005 Share Posted July 28, 2005 Originally posted by SkinsBry I take into consideration that he has served time over there, so I'd say dishonorable discharge, no jail time. Regardless, he missed movement, and that is punishable under UCMJ. Now add into it that it was a movement to War.. Plus he had over a year to put in his consciencious objector request. Just because he waited until 10 days before they left tells me something else was going on. This guy needs to be punished. Link to comment Share on other sites More sharing options...
Guest sith lord Posted July 28, 2005 Share Posted July 28, 2005 Originally posted by airborneskins I don't feel sorry for this guy 1 bit.. I don't care what he says, he missed movement and he needs to be punished.. Let me guess, you've served over there. Link to comment Share on other sites More sharing options...
airborneskins Posted July 28, 2005 Share Posted July 28, 2005 Originally posted by sith lord Let me guess, you've served over there. I see you have done your research... Link to comment Share on other sites More sharing options...
Guest sith lord Posted July 28, 2005 Share Posted July 28, 2005 Originally posted by airborneskins I see you have done your research... You need to understand that people are different. What he seen over there obviously got to him. And he doesn't agree with the war. Link to comment Share on other sites More sharing options...
airborneskins Posted July 28, 2005 Share Posted July 28, 2005 Originally posted by sith lord You need to understand that people are different. What he seen over there obviously got to him. And he doesn't agree with the war. Yes, but you need to see that he is a soldier, whether he likes it or not it is his job. And he could have easily put in his conscienscious status well within that year timeframe that they trained up for the deployment. That would have been acceptable, but to wait until the last minute to put it in, and then not show up to the plane. That is unacceptable. edit.. It is actually referred to as desertion. Link to comment Share on other sites More sharing options...
SkinsBry Posted July 28, 2005 Share Posted July 28, 2005 Originally posted by airborneskins Regardless, he missed movement, and that is punishable under UCMJ. Now add into it that it was a movement to War.. Plus he had over a year to put in his consciencious objector request. Just because he waited until 10 days before they left tells me something else was going on. This guy needs to be punished. Dishonorable discharge is a form of punishment. He'll get no benefits, if he wanted 20 years and retirement, he can't get it. No need to keep him in and cause problems for other soldiers down the line. I think jail time is excessive since he has served time in Iraq. If there were to be a punishment on top of the dishonorable, I'd say bust to E-1, half month's pay for 6 mos. and extra duty for 6 mos. But that's a punishment usually handed down by the C.O. instead of going through a court marshall. Link to comment Share on other sites More sharing options...
flyingtiger1013 Posted July 28, 2005 Author Share Posted July 28, 2005 http://www.washingtonpost.com/wp-dyn/content/article/2005/07/28/AR2005072800255_pf.html FORT STEWART, Ga. -- An Army mechanic who refused to go to Iraq while he sought conscientious objector status was acquitted of desertion but found guilty of a lesser charge during a court-martial Thursday. Sgt. Kevin Benderman, 40, was sentenced to 15 months in prison on the charge of missing movement. He also was given a dishonorable discharge from the military and a reduction in rank to private. If he had been found guilty of desertion, he could have faced five years in prison. Benderman failed to deploy with his 3rd Infantry Division unit Jan. 8, 10 days after he told Fort Stewart commanders he was seeking a discharge as a conscientious objector. Benderman said during the sentencing phase that he didn't mean for his actions to hurt his comrades. "I am not against soldiers," he said. "I don't care what anyone says. Though some might take my actions as being against soldiers, I want everyone to be home and safe and raising their families. I don't want anyone to be hurt in a combat zone." Benderman's attorney said his client acted out of confusion rather than defiance, thinking he had been excused from deploying. But a military prosecutor said Benderman simply wanted to avoid a dangerous mission. "They were hours away from moving," said prosecutor Capt. Jonathan DeJesus. "They certainly couldn't replace him, and they were in no position to go find him." Link to comment Share on other sites More sharing options...
BlueTalon Posted July 28, 2005 Share Posted July 28, 2005 Originally posted by SkinsBry Dishonorable discharge is a form of punishment. He'll get no benefits, if he wanted 20 years and retirement, he can't get it. No need to keep him in and cause problems for other soldiers down the line. I think jail time is excessive since he has served time in Iraq. If there were to be a punishment on top of the dishonorable, I'd say bust to E-1, half month's pay for 6 mos. and extra duty for 6 mos. But that's a punishment usually handed down by the C.O. instead of going through a court marshall. Well, you pretty much got what you wanted. FYI, for you non-military types that may not know this, getting a dishonorable discharge means being convicted of a felony. This guy is now a felon, and that will follow him around more than he wants it to. Link to comment Share on other sites More sharing options...
Henry Posted July 28, 2005 Share Posted July 28, 2005 I have no issue with someone who's been there not wanting to go back. It's the way he decided that's the problem. "They were hours away from moving," said prosecutor Capt. Jonathan DeJesus. "They certainly couldn't replace him, and they were in no position to go find him." That's it right there. Being a conscientious objector is one thing. Abandoning your post is another. Think of how much anger is directed towards Ricky Williams for ditching his team at the eleventh hour. That's a FOOTBALL team. This guy definately deserved some jail time. Link to comment Share on other sites More sharing options...
Thiebear Posted July 28, 2005 Share Posted July 28, 2005 You have to accept the responsibility for your actions if you refuse to follow a lawful order... It would set a bad precident if he got off especially if we continue to have lower than normal recruitment until we get out xmas/June of next year... You can't let it stand for the country, for the military, but i hope he only gets a dishonorable discharge with no jailtime for going once... Link to comment Share on other sites More sharing options...
PCS Posted July 28, 2005 Share Posted July 28, 2005 I remember there were times when I was in a few hundred years ago when we would debate about going to war if it came to it. At the time , the cold war was very warm indeed and the Middle East was clearly the odds on favorite to be where the next deployment to be, ( This was 84-87. Little did we know). Usually would start off with a comment like " They try to send me and I'm not going", or something along those lines. Usually around the time of a mobility exercise. Long of the short was my attitude was, and is, whether you like it or not, agree with it or not, the name is on the several 100 dotted lines they made you sign, as well as the obligation you have to those who serve with you....well..... you go. That's part of the deal. I understand he'd been there. I never served in a war so I can only speak on what I "believe" I would do, as well as others I have known who have served in wars, ( Like my father, who did two 1 year terms in Viet Nam). Part of being in the military is the possibility of being in war. If he was that against it, then he should have either asked for a transfer, ( easier said than done), or gotten out. What he did was not an option. Just mho. Link to comment Share on other sites More sharing options...
airborneskins Posted July 29, 2005 Share Posted July 29, 2005 Originally posted by BlueTalon Well, you pretty much got what you wanted. FYI, for you non-military types that may not know this, getting a dishonorable discharge means being convicted of a felony. This guy is now a felon, and that will follow him around more than he wants it to. Actually, a dishonorable discharge can be turned into an honorable discharge after 6 months. And it won't be in your record. Although he got punished, he got off really easy. This man went through a year of training to go back to the Desert, you can't just pick anyone up out of the unit and say hey your leaving tomorrow because SGT D***head decided that he didn't want to go. It hurts the readiness of the Unit and also the moral. Link to comment Share on other sites More sharing options...
chomerics Posted July 29, 2005 Share Posted July 29, 2005 Here is the problem I have with what he did, he procrastinated. If he would have applied for Conscientious Objector status earlier, I'd have had no problem. I think the procrastination leads to a dishonerable discharge. If he was firmly against going to war, why wait until 10 days prior to departure to tell you commanding officer? Link to comment Share on other sites More sharing options...
Kilmer17 Posted July 29, 2005 Share Posted July 29, 2005 If he was firmly against going to war, why the hell did he sign up for the army in the first place? Is the food that good? Im sure the Army recruitment goal would be met in minutes each year if people could sign up with the stipulation that they not have to fight a war. Link to comment Share on other sites More sharing options...
chomerics Posted July 29, 2005 Share Posted July 29, 2005 Originally posted by Kilmer17 If he was firmly against going to war, why the hell did he sign up for the army in the first place? Is the food that good? Im sure the Army recruitment goal would be met in minutes each year if people could sign up with the stipulation that they not have to fight a war. You can, you need to file for Conscientious Objector status to do so. It is also not looked upon as a "good" thing to have on your record. Link to comment Share on other sites More sharing options...
BlueTalon Posted July 29, 2005 Share Posted July 29, 2005 Originally posted by airborneskins Actually, a dishonorable discharge can be turned into an honorable discharge after 6 months. I don't think so. He can appeal it, of course, after six months. But then it has to go before a board, and he has to convince the board that there was some injustice that resulted in him receiving his dishonorable discharge. For those of you that don't know, there are 5 types of discharges: Honorable General Other than Honorable Bad Conduct Dishonorable The BCD and Dishonorable take a court martial to get, and being convicted by court martial resulting in a dishonorable discharge = felony. (May also be true of the BCD, but I'm not sure.) In order to upgrade from general to honorable means an appeal before a board, making your case, and then if they agree there was some sort of injustice, it can be upgraded. In order to get an Other than Honorable, a person has to do a bunch of little things wrong, or one/a few big things. Examples -- consistantly being late, mouthing off to superiors, lying, cheating on tests, stealing something small from your neighbor. To get a BCD or dishonorable, someone had to have done something worth going to jail for. Assault, rape, murder, dessertion, etc. Bottom line: I think our deserter with the dishonorable discharge and felony count will have a snowflake's chance in an oven to have his discharge upgraded at all, let alone upgraded all the way to honorable. But I think you're right about him getting off lightly. Link to comment Share on other sites More sharing options...
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