June 6, 2005, 11:40PM
New court-martial recommended for soldier who refused deployment
Associated Press
AP
Sgt. Kevin Benderman, 40, faces up to seven years in prison if the recommendation of an investigating officer is followed.
SAVANNAH, Ga. — An Army investigator has recommended a court-martial on desertion charges for a soldier who refused to deploy to Iraq.
Sgt. Kevin Benderman, 40, faces up to seven years in prison if the recommendation of the investigating officer — whose role is similar to that of a civilian grand jury — is followed by Fort Stewart commanders.
Benderman, an Army mechanic, refused to deploy with his 3rd Infantry Division unit for a second tour of duty Jan. 8, days after he told commanders he was seeking a discharge as a conscientious objector.
A military judge halted Benderman's first trial May 11 and ordered a new preliminary investigation, ruling previous investigative hearings may have been biased against Benderman.
Following that ruling, prosecutors added charges of larceny against Benderman, saying he accepted $2,922 in combat pay and related deployment bonuses while he remained in the United States.
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LARCENY?????