Benderman update

Kevin Benderman says his attorney tells him that the investigator in his case is recommending the military deny his conscientious objector status request. No further information on the date of his court-martial.

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.

[...]

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.
  Savannah Morning News article (registration required; use BugMeNot in the sidebar to get around it)

The Army could see this as a big test case to discourage other like-minded soldiers. Kevin has a rough road ahead. Please click on the picture of Kevin and Monica Benderman in the sidebar to go to the Benderman Defense Committee website and help in any way you are able - they have listed three specific ways (or click here).