Army Medic guilty of desertion
Sludge Factory
Posts: 976
Just wanted to hear everyone's thoughts on this
http://news.yahoo.com/s/ap/20070306/ap_on_re_eu/war_objector
WUERZBURG, Germany - A U.S. Army medic who refused to return to Iraq because of his opposition to the war was convicted of desertion at his court martial Tuesday, and could face as long as seven years in prison.
Spc. Agustin Aguayo, whose case has been closely watched by American anti-war groups, opened the one-day proceeding on a U.S. base in Germany by admitting he intentionally avoided his deployment back to Iraq.
Aguayo has said in the past that he had refused to return to Iraq because he believes war is immoral, and that he could "no longer go down this path."
Though Aguayo only pleaded guilty to the lesser charge of being absent without leave, Judge Col. R. Peter Masterton sided with prosecutors in finding him guilty of the more severe charge of desertion. He also was found guilty of missing a troop deployment.
Masterton did not immediately issue a sentence, which can also include loss of pay, demotion to the lowest enlisted rank and a dishonorable discharge.
The 35-year-old with the 1st Infantry Division's 2nd Brigade Combat Team served a year as a combat medic in Saddam Hussein's hometown of Tikrit in 2004 after the military turned down his request to be considered a conscientious objector.
He then jumped out of a window of his base housing in Germany on Sept. 2 rather than be forced to ship out for a second tour and fled home to California.
He turned himself in to the military at California's Fort Irwin about three weeks later.
As his court martial opened, Aguayo admitted to the facts of the case in a short statement.
"I understand that the formation was to move ... to Iraq your honor," he told the judge in a quiet, wavering voice. "Yes, I deliberately stayed away from the movement. I knew that I wouldn't be making this movement."
http://news.yahoo.com/s/ap/20070306/ap_on_re_eu/war_objector
WUERZBURG, Germany - A U.S. Army medic who refused to return to Iraq because of his opposition to the war was convicted of desertion at his court martial Tuesday, and could face as long as seven years in prison.
Spc. Agustin Aguayo, whose case has been closely watched by American anti-war groups, opened the one-day proceeding on a U.S. base in Germany by admitting he intentionally avoided his deployment back to Iraq.
Aguayo has said in the past that he had refused to return to Iraq because he believes war is immoral, and that he could "no longer go down this path."
Though Aguayo only pleaded guilty to the lesser charge of being absent without leave, Judge Col. R. Peter Masterton sided with prosecutors in finding him guilty of the more severe charge of desertion. He also was found guilty of missing a troop deployment.
Masterton did not immediately issue a sentence, which can also include loss of pay, demotion to the lowest enlisted rank and a dishonorable discharge.
The 35-year-old with the 1st Infantry Division's 2nd Brigade Combat Team served a year as a combat medic in Saddam Hussein's hometown of Tikrit in 2004 after the military turned down his request to be considered a conscientious objector.
He then jumped out of a window of his base housing in Germany on Sept. 2 rather than be forced to ship out for a second tour and fled home to California.
He turned himself in to the military at California's Fort Irwin about three weeks later.
As his court martial opened, Aguayo admitted to the facts of the case in a short statement.
"I understand that the formation was to move ... to Iraq your honor," he told the judge in a quiet, wavering voice. "Yes, I deliberately stayed away from the movement. I knew that I wouldn't be making this movement."
Post edited by Unknown User on
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Comments
Exactly. People's perspectives change all the time (hopefully). Perhaps this soldier is against this type of war but when he enlisted thought he would be fighting a different war (on terror, etc....).
Freedom is Slavery
Ignorance is Strength
Maybe it is like joining al-q and then finding out they want you to fly a plane?
I know...and there are channels to go about doing that or consequences for not following the channels. Anyone can change their mind at any time, but they are not free from the reality / consequences of that choice.
If your "perspective" is chaging all the time, perhaps you should refrain from signing contracts that state otherwise.
if that were the case he'd be "free" to leave al-q then as well.
do people in the military sign contracts? I really dont know.
impossible to avoid consequences when you sign the dotted line
http://www.rethinkingschools.org/archive/19_03/military_enlistment.pdf
Yep.
http://usmilitary.about.com/library/pdf/enlistment.pdf
minimum of 8 years service...unless discharged sooner 10.A
o yea I knew this. he deserves what punishment he gets. although in this case, I have a feeling he would welcome such punishment to avoid going back to war. o well, in other countries you get the firing squad for deserting.
I agree. Personally, I think the Army should fully allow "conscientious" dissent without harsh punishment so long as the dissenters repay benefits they've received while in the Armed forces and forgo future benefits.
naděje umírá poslední
Even in the case of an illegal war? People keep forgetting that. This war is illegal.
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the government owns the soldiers. Your opinion regarding the legality of the war doesn't make it legal or illegal, people keep forgetting that as well.
It isn't an opinion, it is a fact. Also, even though I was in the Armed Forces, I certainly wasn't "owned" by the government.
"The UN Charter outlines two grounds on which you can lawfully engage in armed conflict – one is article 42 of the charter which says that you act together with other states once that action has been explicitly authorized by the United Nations Security Council. That didn't happen in the case of Iraq.
The other provision is article 51 of the UN Charter, which is about self defence. That didn't apply in the case of Iraq either."
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There's no such thing as an "illegal war". It makes no sense. I'm totally in agreement with this guy that this is an immoral war, but illegal? Sorry, that just doesn't work.
Regardless, this guy signed away his right to have moral qualms about things. If he wants to desert, so be it and I applaud his decision. But he must own up to his obligations.
If you want mindless drones in our society then that is your opinion and I respect it. I like to think the men and women in our armed forces use their intelligence.
Freedom is Slavery
Ignorance is Strength
Actually, there is see the post above made by gue_barium.
naděje umírá poslední
Hehe...nice.
I'm advocating a position of "think before you sign". Can you help me understand how that makes me a proponent of "mindless drones"?
gue posted something from the UN Charter. Can you point me to a UN ruling that declares this war "illegal"?
I think he is owning up to his obligations as an American soldier. As is the Watada fellow. They are both fighting the battle, just in a different way.
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Yep...fighting the battle of being "anti-war" by joining the military. Real heroes :rolleyes:
It's pretty easy to be "anti-war" when someone is asking you to fight one. Apparently it's a little harder when someone's offering you free college tuition and other giveaways.
and reveling in it's loyalty. It's made by forming coalitions
over specific principles, goals, and policies.
http://i36.tinypic.com/66j31x.jpg
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does the UN law supercede US law? Can someone from the UN come to the US and prosecute this "illegal" war?
They aren't "anti-war". This isn't about that and you know it. They both saw active duty.
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Here's a good read:
Could Bush be Prosecuted for War Crimes?
http://www.thirdworldtraveler.com/Bush_Gang/Bush_War_Criminal%3F.html
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You yourself say this is an immoral war. Wtf? Here's a couple of guys putting it all on the line that think the same thing.
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