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Army Sgt. Acquitted of Desertion, Gets 15 Months

By Jeralyn, Section War In Iraq
Posted on Thu Jul 28, 2005 at 04:32:53 PM EST
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Sgt. Kevin Benderman was acquitted of desertion by a military jury today. He was convicted of a lesser "missing movement" charge and sentenced to 15 months.

Benderman failed to deploy with his 3rd Infantry Division unit in January, 10 days after he told Fort Stewart commanders he was seeking a discharge as a conscientious objector. He has previously said he refused to deploy to Iraq after his first combat tour during the 2003 invasion made him opposed to war.

Benderman's company commander and direct supervisor in the division's 3rd Forward Support Battalion flew to Fort Stewart from Iraq to testify Thursday that the soldier disobeyed orders to deploy and demoralized his fellow troops after they left without him.

Benderman's company commander said he got what he deserved: 15 months in jail for missing 12 months in Iraq.

While I think the sentence is too harsh, I'd say Benderman came out ahead: At least he knows he's not getting a death sentence, which is how a tour in Iraq might have turned out.

Background on the case is here.

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    Army Sgt. Acquitted of Desertion, Gets 15 Months | 18 comments (18 topical)
    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#1)
    by jimcee on Sat Dec 17, 2005 at 01:01:43 PM EST
    Well he got his wish because he isn't going to Iraq either way but the court martial and dishonorable discharge won't look good on his resume.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#2)
    by scarshapedstar on Sat Dec 17, 2005 at 01:01:43 PM EST
    I dunno, jimcee, desertion worked out just fine for Bush.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#3)
    by Jack on Sat Dec 17, 2005 at 01:01:44 PM EST
    MMM, yes, because an honerable discharge worked out so well for all the homeless vets and the disabled vets that have to deal with the Bush health care cuts, etc. "support our troops" indeed.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#4)
    by jimcee on Sat Dec 17, 2005 at 01:01:44 PM EST
    Sorry guys but I was just stating the obvious not trying to spin it either way. There was no sarcasm intended.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:44 PM EST
    His resume! That's classic. What does it profit a man to avoid committing massive war crimes, and lose his resume? --Halliburton Dick "While I think the sentence is too harsh, I'd say Benderman came out ahead: " This much is certainly true, since HAVING TO COMMIT WARCRIMES UNDER ORDERS CAUSES GRAVE MORAL DAMAGE. "At least he knows he's not getting a death sentence, which is how a tour in Iraq might have turned out." And here you mysteriously accuse him of cowardice. No, this guy had the courage of his convictions, and I'm sure he'll get through the 15 months standing on his head and smelling like a daisy. And his parents are just as proud as always. Give that kid a medal, and Bush the chair.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:44 PM EST
    The chair in prison. More innocent soldier's lives getting taken (at least temporarily) by the criminals in charge. Genghiz Bush on vacation is committing more crimes than this kid ever did the first time he was over there as well.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#7)
    by Wile ECoyote on Sat Dec 17, 2005 at 01:01:44 PM EST
    So I wonder what the name is of the soldier who had to transfer in to take his place.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#8)
    by john horse on Sat Dec 17, 2005 at 01:01:44 PM EST
    Nothing focuses the mind like facing the possiblity of losing your life. This is where the rubber meets the road. This is where the reasons that you are going to war are especially important. In other words, is the war justified or is it being fought for light and transient reasons. Is it worth sacrificing my life for? Please note that I am not a pacifist. I think there are wars that are justified. I just believe that if a person cannot find a reason for fighting, he or she should not fight. You should not have to die for somebody else's mistake. Those on the right claim that our servicemen must fight if called because of a contractual obligation. How shallow the cause when the sacrifice of one's life is reduced to a contractual obligation. To them war is a game, a spectator sport. To these armchair quarterbacks war is performed by others, but not themselves. Life should be worth more than the fine print of a contract?

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#9)
    by ppjakajim on Sat Dec 17, 2005 at 01:01:44 PM EST
    Wile E - That says it all.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#10)
    by kdog on Sat Dec 17, 2005 at 01:01:44 PM EST
    I commend his courage and conviction. Having principles is one thing, going to jail for standing by your principles is a sign of character. Wile...If the "replacement soldier" believes in the war he shouldn't have a problem. If he doesn't, he should stand up for what he believes in like this brave man.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#11)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:01:44 PM EST
    If anyone learns where to write to Benderman, please post his address in an open thread. Thank you.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#12)
    by Wile ECoyote on Sat Dec 17, 2005 at 01:01:45 PM EST
    Kdog: The replacement probably had done his time in Iraq and was at home hoping for some down time with his family and then the phone rings, time to head back to the sand box a year earlier than expected because this former soldier would not fulfill his promise. Pretty flippant with his life, aren't you?

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#13)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:45 PM EST
    It's the guy who refused to do the war crimes who's to blame for the other guy having to go do the war crimes? You gotta be kidding, WEC. You look at the arse of a lemming and say 'Jump!' I applaud this fellow's insistence on HUMANITY. Over ethnic cleansing for the profit of traitors, and the gratification of racists like a certain Coyote, who thinks that killing 130,000 civilians is just fine, as long as the King orders it.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#14)
    by Wile ECoyote on Sat Dec 17, 2005 at 01:01:45 PM EST
    Paul in LA: 1. Point out the war crimes the convicted is accused of. 2. You called me a racist. Please point out my racist statement that lead you to that conclusion. 3. Give a link that shows 130,000 civilians killed. And since it is you, one that you did not make up, like your acronyms or the the quotes you like to post.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#15)
    by john horse on Sat Dec 17, 2005 at 01:01:45 PM EST
    Wile, I know one person that isn't serving in Iraq, YOU. Why should others have to fight in a war they don't believe in if those who believe in this war won't fight in it?

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#16)
    by Che's Lounge on Sat Dec 17, 2005 at 01:01:45 PM EST
    Wile, Stupid arguement. They should all refuse to go. You monkeys can't put them all in jail for objecting to this atrocious crime you call the war in Iraq. By the way, it's all moot since: "Major combat operations in Iraq have ended." George "I'm a lying murderer" Bush. Mission accomplished!

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#17)
    by Wile ECoyote on Sat Dec 17, 2005 at 01:01:46 PM EST
    John Horse: I've been active duty for the past 24 years. I have served and lived in the ME.

    Re: Army Sgt. Acquitted of Desertion, Gets 15 Mont (none / 0) (#18)
    by Ernesto Del Mundo on Sat Dec 17, 2005 at 01:01:46 PM EST
    Wile...and don't forget...you know someone who adopted some kids...oops wrong subject. But just as irrelevant to the question posed by JH.

    Army Sgt. Acquitted of Desertion, Gets 15 Months | 18 comments (18 topical)