American Views Abroad

 
U.S. Soldier, Kevin Benderman faces a Court Martial on July 28th for refusing to serve another tour of duty in Iraq. Here are details on his case and why he needs strong support:

After serving in the military for eight years, including a tour of duty in
Iraq, Kevin Benderman filed for conscientious objector status in December
2004. His application was quickly denied, and on the weekend of Jan. 7,
2005 Benderman refused to re-deploy to Iraq with his unit.

'As I went through the process which led to my decision to refuse deployment
to Iraq for the second time, I was torn between thoughts of abandoning the
soldiers that I serve with, or following my conscience, which tells me: war
is the ultimate in destruction and waste of humanity.' As stated in
Benderman's article 'A Matter of Conscience.'

Subsequently Sgt. Benderman was charged with Desertion and Missing Movement
by Design (Articles 85 and 87 in the Uniform Code of Military Justice).

On May 11 the Article 32 investigative hearing (military equivalent of a
pretrial hearing) was overturned. The judge ruled the presiding officer had
shown bias in his investigation and ordered a new hearing.

Immediately following this hearing, the same command filed the additional
charges of larceny because Sgt. Benderman, due to an Army error, had been
receiving extra combat pay since his unit had re-deployed to Iraq. Seven
other members of his unit were also receiving extra pay due to an Army
error. None other than Benderman has been charged with larceny.

On Wednesday May 25 the military filed a new Article 32 court martial
against Kevin. The Investigating Officer for the new Article 32 hearing
STRONGLY recommended dismissal of the 'larceny' charge, citing the fact
that it was an accounting error that was rampant throughout Ft.
Stewart. The Army continues ahead with the larceny charge anyway. As far
as the other charges of Desertion and Missing Movement by Design, he
recommended that they both go forward to General Court-Martial, but with
qualifications on the Desertion charge.

The General Court Martial date is set for July 28.

Monica Benderman in One Soldier’s Fight to Legalize Morality at www.bendermandefense.org
hits the nail on the head when she writes:

'The Army has removed itself so completely from its moral responsibility, that its representatives are willing to openly demand, in a court of law, that they be allowed to regain 'positive control over this soldier' by finding him guilty of crimes he did not commit and put him in jail -- a prisoner of conscience, for daring to obey a moral law. It is hard work to face the truth and it is scary when people who are not afraid to face it begin to speak out.'

Interestingly enough William Pfaff, an author and columnist on foreign affairs for many years has this to say in Democracy and a Volunteer Army on his website at www.williampfaff.com

'The irreducible argument for democracy is that people deserve to have a say in decisions that may kill or ruin them. That is what a professional army has renounced.'

Has it? If and it certainly seems to have, then it is up to all those individual citizens out there to turn the tide. It is easy to be opposed to the war in Iraq or, even worse, be disconnected from it. Now is the time to stand up and support those individuals who have served and have firm opinions and beliefs that say NO to it. It is not the time to hide behind legal terms or to misuse them.
- posted by Gloria @ 6:53 PM