My apologies for posting the entire article, but the source for it requires you to sign up in order to read it.
Soldier Seeking Conscientious Objector Status Loses A Round
An army officer is recommending against granting conscientious objector status.
By Michael Fabey
Sgt. Kevin Benderman faces a tougher battle in his bid for discharge as a conscientious objector.
The Fort Stewart soldier learned Wednesday that the investigating officer considering Benderman's request is recommending against his application.
Benderman, 40, is still in the early stages of the process that could lead to his obtaining conscientious objector status. Experts say it could take a
year or more.
But the negative recommendation now makes Benderman's task more difficult.
Benderman said that the investigating officers' packet includes incorrect information and material that has nothing to do with his conscientious
objector application.
"I'm going to file a rebuttal to everything that he included," Benderman said.
He said he has 10 days to file the rebuttal, which would be included with his application.
The Army had no comment.
The denial comes only a week after the Army informed Benderman it would continue to prosecute him on charges of desertion and missing movement because
he failed to deploy with his troops in January.
Army prosecutors have argued Benderman defied orders by remaining behind to avoid hazardous duty.
Benderman, a veteran of the war on Iraq, said he was just following instructions. Benderman said his superior released him the night Benderman was
scheduled to leave for Iraq and told him to go home and think about his desire to remain behind and be discharged as a conscientious objector.
The maximum penalties for the charges Benderman faces include forfeiture of benefits, loss of rank, dishonorable discharge and up to seven years in
jail.
The conscientious objector request and trial for desertion and missing movement are two different legal procedures going on at the same time.
During a recent hearing the 3rd Infantry Division hearing officer reviewing Benderman's conscientious objection request had questioned the timing of
the filing: Dec. 28, only several days before the sergeant was scheduled to leave for Iraq.
Benderman said he wanted to make no rash decisions.
He said he needed time to process all he had seen during his first tour in Iraq, during the invasion, and to sort out his anti-war feelings.
He added that he also needed to weigh how best to lead his men: by going with them or standing up for his principles.
Benderman's request will now go up the chain of command.
No court date had been released by Wednesday for his court-martial trial for desertion and missing movement.
Any thoughts? This is going exactly as was predicted. He is guilty and will now be paying the price.
