U.S. Soldier Convicted Of Desertion

[Zkribbler]

LA Soldier Convicted Of Desertion After Refusing To Return To Iraq
Medic Receives Eight Month Prison Sentence

LOS ANGELES -- A U.S. Army medic from Los Angeles who fled from Germany to California to avoid being redeployed to Iraq has been convicted of desertion and sentenced to eight months in prison, far short of the maximum seven-year term, it was reported Wednesday.

Spc. Agustin Aguayo, 35, of Los Angeles, who refused to return to Iraq because he believes war is immoral, admitted the less serious charge of being absent without leave but was unsuccessful in contesting the more serious desertion charge, the Los Angeles Times reported in an article from Wuerzburg, Germany.

"I tried my best, but I couldn't bear weapons, and I could never point weapons at someone," Aguayo said at his court martial, according to The Times.

As he has been jailed for 161 days awaiting trial, he could be free within a few weeks.

He will have his rank reduced to private, forfeit his pay and receive a bad-conduct discharge.

I have two questions about this case.

1) He turned himself into Ft. Irwin last September and then refused to serve a second term of duty in Iraq. That is, he didn't run away; he refused to follow orders. Why is he guilty of desertion? Isn't that mutiny?

2) He's a MEDIC. What's all this babble about not being able to point a weapon at someone? Medics are not supposed to be carrying weapons.

[SlowwHand]

Desertion is not being where you're supposed to be for an extended period. It could begin, and likely did, with being reported as AWOL, Away Without Leave.
Frankly, I'm surprised at the leniency of the sentence.

[Patroklos]

He deserted and then came back, the military doesn't waste time/energy looking for deserters anymore. If they want to use a government service of any kind or get a job they will have to turn themselves in eventually. But just because he came back doesn't mean he is forgiven. Who took his place when his unit deployed?

The sentance was too light, the oath is very specific. And if he really is some rebel for a cause he should serve his sentace proudly.

[DinoDoc]

Re: U.S. Soldier Convicted Of Desertion

Originally posted by Zkribbler
Isn't that mutiny?

You'd rather he'd be executed? And they call Texans hardasses.

I think he should have been fined the cost of any benefits he recieved while in the army and the cost of his training in addition to the sentence he did recieve.

[Zkribbler]

Originally posted by SlowwHand
Frankly, I'm surprised at the leniency of the sentence.

I'm stunned.

Soldiers will now see the choice as spending 18 months in Iraq or 8 months in the brig.
Guess which they'll choose.

[Patroklos]

Soldiers will now see the choice as spending 18 months in Iraq or 8 months in the brig.

I am glad this guy thinks its okay for some other guy who probably wasn't slated to go to Iraq to do his sworn obligation for him.

And its not like this guy objected when we invaded Iraq, he waited until it was his turn to go and THEN it was a big ideological problem. Didn't mind filling the TO&E, drawing a pay check, and using the units valuable training time up until then.

Rank this guy just below those dozen odd woman who suddenly get pregnant just before a ship deploys, taking their year+ of workup training with them to whatever desk job they end up at eating donuts reading Us.

Sorry, a little of a tangent there

[SlowwHand]

Re: Re: U.S. Soldier Convicted Of Desertion

Originally posted by DinoDoc
You'd rather he'd be executed? And they call Texans hardasses.

I think he should have been fined the cost of any benefits he recieved while in the army and the cost of his training in addition to the sentence he did recieve.

Desertion under fire is grounds for execution.
You're supposed to be where you're told to be, when you're told to be.
Think of it as a HUGE Apolyton. It isn't a democracy.

[Zkribbler]

Originally posted by Patroklos

And its not like this guy objected when we invaded Iraq, he waited until it was his turn to go and THEN it was a big ideological problem.

Actually, he did one tour but refused to go back.

[Patroklos]

Actually, he did one tour but refused to go back.

So he decided to fill billets and draw a paycheck between tours knowing he would not go back. Thats actually worse, because he has proven he does not have an ideological axe to grind, be just doesn't want to do it.

[MRT144]

thats why an all volunteer force needs more goddamn hookers! Our boys need scads of harems across the landscape of iraq

[loinburger]

Originally posted by Zkribbler
Soldiers will now see the choice as spending 18 months in Iraq or 8 months in the brig.
Guess which they'll choose.

Still, a dishonorable discharge is not a pretty thing to have on your record. AFAIK, it's equivalent to (if not worse than) a felony.

[SlowwHand]

I wouldn't hire anyone with an Unhonorable Discharge.
I'd hire a 1-time felon first.

[Berzerker]

What would happen to his sentence if Bush is impeached and convicted (what justice demands) for lying us into Iraq?

[DinoDoc]

Nothing.

[Kidlicious]

Originally posted by loinburger

Still, a dishonorable discharge is not a pretty thing to have on your record. AFAIK, it's equivalent to (if not worse than) a felony.

I don't think it's near as bad. I wish I would have got me one of those dishonorable thingies. Of course, then Sloww would be calling for my execution.