Kevin Benderman
Encyclopedia
Kevin Benderman was born and raised in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...

. He held the rank of Sergeant and was a mechanic (MOS 63M) in the United States Army. Kevin Benderman first enlisted in the Army in 1987 and served until 1991 when he accepted his discharge; however, nine years later in 2000 he chose to reenlist. Benderman was promoted to the rank of Sergeant on July 9, 2002 and served in Iraq from March 2003 until September 2003 with the Fourth Infantry Division. He was awarded two Army Commendation medals for his actions in Iraq. In late 2003 Sergeant Benderman was transferred from Fort Hood, Texas to Fort Stewart
Fort Stewart
Fort Stewart is a census-designated place and U.S. Army post primarily in Liberty County and Bryan County, but also extending into smaller portions of Evans, Long, and Tattnall Counties in Georgia, USA. The population was 11,205 at the 2000 census...

, Georgia and was assigned to the Third Infantry Division. When told that he would be returning to Iraq he first applied as a conscientious objector
Conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....

 in December 2004 but his application was rejected. It was around this same time he was passed over for promotion to Staff Sergeant
Staff Sergeant
Staff sergeant is a rank of non-commissioned officer used in several countries.The origin of the name is that they were part of the staff of a British army regiment and paid at that level rather than as a member of a battalion or company.-Australia:...

. He then refused to deploy with his unit and was court-martialed
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...

 in July 2005; following a conviction, he was sentenced to 15 months' imprisonment, demoted to the rank of private, and given a dishonorable discharge. The dishonorable discharge was upgraded to a bad conduct discharge by the United States Army in 2008.

Charges

Benderman was initially going to be charged with:
  • Disloyal Statements, and
  • Disrespecting a Commissioned Superior Officer


The charges against him include:
  • Missing Movement by Design, and
  • Desertion
    Desertion
    In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...

     with the Intent to Avoid Hazardous Duty.

See also

  • list of Iraq War Resisters
  • conscientious objector
    Conscientious objector
    A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....

  • Nuremberg Principles
    Nuremberg Principles
    The Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...

     (Principle IV)

External links

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