May 11, 2005

Accused deserter could face seven years in prison

By Russ Bynum
Associated Press


SAVANNAH, Ga. — In the four months since he refused to return to Iraq, Sgt. Kevin Benderman has been called a coward, denied conscientious objector status by the Army and charged with deserting his unit.
Now the Army mechanic faces up to seven years in a military prison if convicted at a court-martial set to begin Thursday. He also faces reduction in rank to private and a dishonorable discharge.

Benderman skipped his unit’s deployment flight in January, just 10 days after giving his commanders notice that he was seeking a discharge as a conscientious objector.

Benderman, 40, had already served one tour in Iraq during the U.S.-led invasion in 2003. The 3rd Infantry Division soldier says what he saw there — a young girl clutching a badly burned arm, dogs feeding on corpses in a mass grave and Iraqi civilians drinking from mud puddles — left him morally opposed to returning to war.

“If I am sincere in what I say and there’s consequences because of my actions, I am prepared to stand up and take it,” Benderman said. “If I have to go to prison because I don’t want to kill anybody, so be it.”

Fort Stewart commanders contend Benderman was obligated to deploy with his unit while the Army processed his objector claim, and that his actions betrayed the soldiers he had trained alongside for a year.

The military defines a deserter as a soldier who flees military service with no intent to return or to “avoid hazardous duty or to shirk important service.”

Benderman insists he never deserted the Army. The weekend his unit deployed, he says, he stayed at home a few miles off Fort Stewart. He said a supervising officer released him from duty the night of Jan. 7 to think about his objector application.

“Sgt. Benderman maintains he was given a proverbial time-out from that particular date to fly out,” said Maj. Scot Sikes, Benderman’s military attorney.

During a preliminary hearing in February, command Sgt. Maj. Samuel Costen testified by phone from Iraq that he told Benderman to go home and think about his decision, but also told him to return after dinner.

The Army denied Benderman’s application on April 22, saying only that he “did not present convincing evidence.” The soldier planned to appeal the Army’s decision.

“The only reason I am being court-martialed is because I applied for conscientious objector,” said Benderman, who has been assigned to administrative duties. “It seems strange to me that I’m a deserter. I still go to work every day. I wear my uniform every day.”

Benderman has opted to have his case decided by a military judge rather than a jury of soldiers.

quote:

“If I am sincere in what I say and there’s consequences because of my actions, I am prepared to stand up and take it,” Benderman said. ]Quote
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Well if that is true,why is he contesting the charges against him?He served one tour then before he ships out he gets "religion".Mighty convenient timing.

[Quote]The military defines a deserter as a soldier who flees military service with no intent to return or to “avoid hazardous duty or to shirk important service.”
Benderman insists he never deserted the Army. The weekend his unit deployed, he says, he stayed at home a few miles off Fort Stewart. He said a supervising officer released him from duty the night of Jan. 7 to think about his objector application.



During a preliminary hearing in February, command Sgt. Maj. Samuel Costen testified by phone from Iraq that he told Benderman to go home and think about his decision, but also told him to return after dinner.

The Army denied Benderman’s application on April 22, saying only that he “did not present convincing evidence.” The soldier planned to appeal the Army’s decision.

“The only reason I am being court-martialed is because I applied for conscientious objector,” said Benderman, who has been assigned to administrative duties. “It seems strange to me that I’m a deserter. I still go to work every day. I wear my uniform every day.”

Benderman has opted to have his case decided by a military judge rather than a jury of soldiers.

"Or to shirk important service".Seems that he fits that criteria as well.
If he has indeed found it against his moral belief that killing is never justified(how much combat would he see as a mechanic)then serving time for desertion should be an acceptable price to pay for his new found "morality".He can share his new found morality with his cell mates.

Refuser faces new charges

By Russ Bynum
Associated Press



FORT STEWART, Ga. — An Army mechanic who refused to deploy to Iraq while he sought conscientious objector status faced new charges Thursday for collecting combat pay while he remained in the United States.
Army prosecutors added two counts of larceny against Sgt. Kevin Benderman, who is also charged with desertion and missing movement for skipping his 3rd Infantry Division unit’s deployment flight Jan. 8.

The new charges came as Army prosecutors had to start over Thursday in seeking a court-martial for Benderman. A military judge halted his court-martial Wednesday after ruling previous proceedings may have been prejudiced against the soldier.

The larceny charges accuse Benderman of keeping $2,922 in military bonuses and tax breaks paid to soldiers deployed in a combat zone. Prosecutors say Benderman received the extra pay over three months.

William Cassara, Benderman’s civilian defense attorney, called the charges “silly.” He said the payments were caused by an administrative error and Benderman had reported it to the Army.