Benderman Requests Parole
I am respectfully requesting early release, by way of parole or reduction of sentence to time served.
In a different type of service, I have given 10 years to the U.S. Army, always placing the Army's needs before my own. Until my tour of duty in Iraq, I enjoyed my responsibilities as an NCO, and thought myself reasonably good at them. However, when I realized I could no longer perform those duties, I applied for conscientious objector status. Both CO status, and the procedure for obtaining it, are expressly recognized by Army regulations.
Even without acting on my CO application, my command made the decision to prosecute me for desertion and missing movement. As I understand the law and practice concerning CO applications; until my application was decided, I should have been assigned no duties which set me up for charges--whether desertion, missing movement, or anything else.
Laying the CO regulations to one side, however, I did not desert my unit or miss the movements of my unit--the two charges brought against me. Why not? Because CSM Samuel L. Coston released me on 7 January 2005 at 1800 hours, at the conclusion of a meeting between us. CSM Coston had ordered me to report to him, for the purpose of discussing my reasons for applying for conscientious objector status. During that interview, CSM Coston ordered me to complete my conscientious objector application! CSM Coston's order, to complete my conscientious objector application, was fully consistent with Army regulations, as both he and I understood them; namely, that my status with the Army was "on hold," until that application had been acted upon. Yet, charges against me were commenced before my CO application had been acted upon.
A belated denial of my CO application, based upon claimed "insincerity," was supposed to justify this illegal prosecution. Of course, it didn't, but merely gave me the opportunity to prove my sincerity the old fashioned way--by going to prison, rather than continuing my military service, and winding up in the same compromising situation I'd found myself previously in Iraq. Simply put, the only reason I'm in jail is because I wouldn't return to Iraq. Based upon my actual experience in Iraq, I applied for a CO exemption from my remaining service obligation.
My legal situation, as I understood it then (and now): I could have avoided or aborted prosecution at any time before conviction, simply by agreeing to get on a plane to Iraq and rejoin my unit. I would not do this, for all the reasons stated in my CO application. Having thus proved beyond doubt the sincerity of my CO application, by going to prison rather than serving further in in the Army; there is nothing more for the Army to do with me, except to release me from further military obligation.
These are the plain facts of my case--why I believe I should be granted early release. After all, what did I actually do (or omit)? I filed a CO application to exempt myself from further military service. The logic of such applications requires me to refuse further service. Although I was never put in a position of refusing orders; the Army brought me up on charges and convicted me anyway, thereby giving me an opportunity to prove the sincerity of my application--beyond all possible doubt!
I have spent six months thinking about all that has happened. Considering the official (and unofficial) disapproval of my actions, I've remained open to the possibility that I might have done something wrong--or at least gone about things in the wrong way. I'm still waiting for someone to point out to me what I did incorrectly; what procedures I didn't follow; and what orders I didn't obey. If none can be pointed out, how likely is it there are any?
After giving my country ten years of honorable service, I came to the conclusion--probably in Iraq; no doubt because of my service there--that I could no longer participate in war. For this, and this alone, my personal integrity and character have been attacked, in a continuous and blatant manner. Perhaps separation from service is implicit in a CO application of any sort. If it is, then all the more reason for both Army and me to make a clean break, rather than have the Army trying to hold onto me, as it were, via incarceration. All things considered, maybe that's the best way of looking at the matter: CO application means separation; so why not let me and the Army separate, as amicably as we can. We're obviously no longer suited to each other. Rather than resist this conclusion, let's embrace it and act on it!
Upon my release, I intend to resume taking care of my family and helping veterans and the military community in two ways:
--by helping them become reacquainted with their families and friends; and,
--by helping them adjust to life after deployments to combat zones.
I will be residing with my wife, Monica Benderman, in our home in Hinesville, Georgia. Gainfully employed by then, I'lll be supporting Monica, as well as continuing to assist our three young adult children with the challenges they face. My incarceration has placed severe financial and emotional hardships upon my family and me--all resulting from conduct (a CO application), expressly authorized by law.
I will be working with Evans Media USA. My position will be Director of Fund raising, raising and allocating funds--
--for programs designed to assist veterans and active duty military personnel who are experiencing PTSD and related medical and emotional problems; or,
--who are in need of legal or personal counseling.
These programs will assist veterans and military personnel in overcoming obstacles, which prevent them from making the difficult transition from combat or other military service to the stateside service or the civilian sector--thereby helping them to lead normal lives, without the stigma which often comes with being unable to cope with emotional distress.
The best use of my time and talents, I believe: to help veterans and military personnel, who are unable to receive the proper medical and psychological treatment through normal channels. Such treatment that has become necessary, due to sacrifices they have made, which have earned them the right to the best care available. Rather than expecting government to do everything for us military and former military; I believe we need to help each other. Our country has provided much for my family and me. My family and I feel this is the best way for us to continue to serve our country, and to help those who have contributed to its defense and security.
Prior to incarceration, I had enrolled in a criminal justice program; a program I intend to resume upon my release. Incarceration has not allowed me to continue my studies in criminal justice. Resuming my studies in criminal justice--so many vets and even active duty personnel have legal involvement--would surely benefit me directly in my chosen vocation, sketched above.
In conclusion, may I thank the board for their kind attention in listening to me and considering the proposed early release.
Respectfully,
Kevin M Benderman
Inmate RCF
Ft. Lewis, WA.

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3/13/07