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monicab Donating Member (131 posts) Send PM | Profile | Ignore Sat May-21-05 04:20 PM
Response to Reply #48
57. hearings
Thank you for your support.

The court martial proceedings are basically on hold. An Article 32 hearing is like a Grand Jury investigation, a hearing for discovery. The initial Article 32 hearing was thrown out because the prosecutor and the Investigating Officer showed biased against Kevin, by writing emails to the Convening Authority on post that she felt that Kevin was a deserter. These emails were not forwarded to defense counsel as they should have been. Because the first Article 32 was thrown out, the judge ordered a new one, with a new investigating officer, to determine if the charges filed were justified. The prosecution presented their portion of the evidence last week, but the defense will not be presenting their witnesses until the end of next week. At that point, the new investigating officer has two weeks to examine all evidence and determine a recommendation for whether the CM should proceed.

We are aware of two major CM's in the last year. Camillo Mejia, who did desert, and then returned to report after 5 months absence. He was charged with desertion and served 9 months at Ft. Sill. He has filed CO status, but nothing has been determined at this time.

Pablo Paredes openly refused to deploy on a Navy ship transporting Marines. He appeared at his duty station dressed in civilian clothes, and refused to an officer. After that he filed for CO status. His CO application is still pending, and he has been sentenced to 3 months hard labor, and 2 months confinement to post for having missed movement.

There are many CO applicants who have been turned down. Most who file, are merely denied, and they are then ordered to continue serving their mission. Very few CO applications are approved. We should find the figures before we quote them, but we estimate that only 91 total were approved last year.

We have witnessed many soldiers return to Ft. Stewart having been AWOL. Many should be considered deserters, having been AWOL for more than 29 consecutive days. Most of these soldiers are eventually discharged with a less than honorable discharge. Some are given Article 15's, a non-judiciary punishment which may mean confinement to barracks, or reduction in rank. Those who receive the Article 15's are then deployed to Iraq after being re-processed into the Army.

We can tell you of many stories of soldiers who should have been discharged for medical reasons, but who were deployed anyway. We can tell you a few horror stories of how soldiers were treated by command who only wanted to ensure that they deployed. It is scary.. .but something any potential recruit needs to hear.
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