objecting soldier sentenced

[briannell]

Objecting Soldier Gets 15 Months in Prison By RUSS BYNUM, Associated Press Writer
Fri Jul 29, 7:28 AM ET



Before being sentenced to 15 months for refusing to return to Iraq with his Army unit, Sgt. Kevin Benderman told a military judge that he acted with his conscience, not out of a disregard for duty.

"I am not against soldiers," Benderman said at his court-martial Thursday. "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 was acquitted of desertion but convicted of the lesser charge of missing movement, meaning he skipped his Jan. 8 deployment flight. He could have received five years in prison if convicted of desertion.

Along with his prison sentence, Benderman will receive a dishonorable discharge and have his rank reduced to private.

The 40-year-old Army mechanic was embraced by anti-war advocates when he refused to go on a second combat tour in January, saying the destruction and misery he witnessed during the 2003 Iraq invasion had turned him against war.

Defense attorneys argued that the Army wanted to punish Benderman for seeking a discharge as a conscientious objector and speaking out publicly about his anti-war views. Prosecutors said he had an obligation to deploy while the Army considered his conscientious objector application, which Benderman filed 10 days before his 3rd Infantry Division unit deployed.

Benderman's company commander in the division's 3rd Forward Support Battalion, Capt. Gary Rowley, said the verdict would send a message to other soldiers who may look for a way out of serving in Iraq.

"If they saw this and found out it works using smoke and mirrors to get by, we'll have other soldiers saying, `Well, I'm a conscientious objector,'" said Rowley, who returned to Fort Stewart from Iraq to testify at Benderman's court-martial. "They need to know there are consequences for not doing their duty."

William Cassara, Benderman's civilian defense attorney, argued that Benderman believed he had been excused from deploying so he could work on his objector application.

"I think the sentence was overly harsh," said Cassara, who said the soldier would get an automatic appeal.




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['93HonoluluCat]

I think I need to comment on this article.

Objecting Soldier Gets 15 Months in Prison

Before being sentenced to 15 months for refusing to return to Iraq with his Army unit, Sgt. Kevin Benderman told a military judge that he acted with his conscience, not out of a disregard for duty.

I'm suspicious about his "conscience," but if it's true, fine. But for him to claim he didn't act out of a "disregard for duty," is incredulous. As an noncommissioned officer (NCO) he knew what was expect of him, and he didn't follow through with that expectation.

"I am not against soldiers," Benderman said at his court-martial Thursday. "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."

What line of work did Benderman think he got into? Car sales? In our line of business, things get broken and people die. Nobody wants to, but everyone realizes the possibility--except, apparently, for Benderman.

Along with his prison sentence, Benderman will receive a dishonorable discharge and have his rank reduced to private.

He will also have on his record a federal conviction, though that seems to have less of a stigma than it once did.

Defense attorneys argued that the Army wanted to punish Benderman for seeking a discharge as a conscientious objector and speaking out publicly about his anti-war views. Prosecutors said he had an obligation to deploy while the Army considered his conscientious objector application, which Benderman filed 10 days before his 3rd Infantry Division unit deployed.

<snip>

William Cassara, Benderman's civilian defense attorney, argued that Benderman believed he had been excused from deploying so he could work on his objector application.

To think Benderman could get his conscientious objector (CO) application completed and approved in 10 days is the acme of naivete. CO applications require lots of people around the post/base to coordinate on it, and usually requires a psychological assessment as well. It simply would not happen in 1 1/2 weeks, and Benderman would have been told when he asked about applying for CO provision, as well as when he went to pick up, and drop off, his application.

"I think the sentence was overly harsh," said Cassara, who said the soldier would get an automatic appeal.

He got off easy. Who wouldn't take 15 months instead of 5 years? He's also lucky his charges were reduced to "failure to go" (the military term for his "missing deployment") rather than desertion.

Benderman was an NCO--a leader within his unit. Men and women in his charge looked up to him and trusted him. Their trust was rewarded with cowardice and selfishness.

[briannell]

I think he was let off light as well. i hate Brian's deployments, BUT he is a soldier and no amount of arguements on my part will change that fact.
this individual has slapped his fellow servicemen and women in the face by his actions. shame on him.

I may hate the long deployments, and bitch about service members being required to be away from home too long, BUT I'm proud of all the men and women in uniform. without them we wouldn't live free. thanks to all of you that do what I am too selfish to do. risking yourselves for my freedom.

God Bless our troops.

-rebecca

-side note- I'm thrilled Brian's bum shoulder may make him undeployable-
I'm a very selfish woman, but like my hubby home