Marine reservist and war objector fighting court-martial

[thedrifter]

Marine reservist and war objector fighting court-martial


Corps says he was AWOL
By Brett Martel
ASSOCIATED PRESS
10:43 a.m., August 10, 2003

NEW ORLEANS ? A Marine reservist facing a court-martial says he's being unfairly prosecuted for criticizing the military at anti-war rallies and for publicizing his application for conscientious objector status.

The Marine Corps says Lance Cpl. Stephen Funk faces charges because he went AWOL while his support unit was being mobilized for the war in Iraq.

A pretrial hearing is scheduled Monday, and Funk's attorney, Stephen Collier, intends to ask the judge to dismiss the charge of "shirking important duty" on the grounds that Funk has been selectively targeted.

"People go AWOL (absent without leave) all the time and they don't get court-martialed," said Collier, a San Francisco lawyer who has handled military clients since the first Gulf War. "He's a conscientious objector who went public with his beliefs, and that's something that should be respected, not retaliated against."

A prosecutor is expected to ask the judge to disallow any evidence of Funk being a conscientious objector.

"We don't care why he didn't show up, we just needed him to show up," said a Marine spokesman, Capt. Jeff Poole.

Last winter, when war with Iraq was imminent, Funk told his commander he would be consulting a lawyer about his options for leaving the service. He was absent when his battalion from San Jose was sent to Camp Pendleton near San Diego.

"Funk was the only one who didn't show up when his unit was being mobilized for the war, and he's the only one being prosecuted," Poole said. "They told him: 'You'll be in trouble if you don't show up.'"

When Funk returned to the Marines, declaring himself a conscientious objector, he was assigned administrative duty, then was transferred to New Orleans, home of Marine Reserve headquarters, where reservists seeking conscientious objector status are sent for processing.

There are 23 Marine reservists currently seeking conscientious objector status, which soldiers may do if they can prove that during their service they developed deep opposition to all wars.

Funk, 21, says he joined the Marines because he wanted the discipline but acknowledges now that it was a mistake.

He also recently made public that he is gay. He thinks he is being treated unfairly because of his sexual orientation, but says that was not an issue in his application for conscientious objector status.

"I could have just said that I was gay and I would have been gone in three weeks, but it wouldn't have been honest. It's not why I'm opposed to being in the military," Funk said.

"Certainly, I'm oppressed in the military, but I can deal with that. That's a personal problem. But if I was forced to go to war ... than I would be perpetuating oppression and violence against others," Funk said.

Poole said the charges have nothing to do with Funk's sexual orientation.

And while a charge of going AWOL often does not bring a full court-martial trial, Funk's case is not typical, Poole said.

"Going AWOL when your unit is being mobilized is more severe than doing it during a regular training event" in peace time, Poole said.

Going AWOL often is punished by loss of pay or confinement to barracks for a short time. If Funk is convicted, he could face up to a year in military prison.

Funk's lawyer said the charge is not consistent with military practice and makes no sense, because as a conscientious objector Funk would have been assigned to administrative duty anyway, not war preparation.

Poole said it was not up to Funk to make such an assumption.

"His job is to follow the rules. His commanding officer told him he'd have to show up, and we'll review any complaints once you show up. That's what we did in all the other cases," Poole said. "His case would have been no different, except he didn't show up."

http://www.signonsandiego.com/news/m...sobjector.html


Sempers,

Roger

[BLUEHAWK]

I have a problem with those who declare their conscientious objections AFTER enlistment, especially when they serve in an unabashedly fighting branch. To do so is a very serious breach, and cannot be justified or ignored. The fact that the Marine has now "Told" when he was not "Asked" will not help his cause. Enlistment entails unique limitations on freedom of speech which he has flaunted, and he did so at the moment of mobilization.
He is toast...