Please, please, please help!

[ray of light]

This is so important.

The story I truly want you, dear reader, to take to heart today and to act upon, is the story of Augustine Aguayo who is brave and clear and in need of our help. Helga is telling her story to the media, despite her natural diffidence, because she and Augustine are right. From the website:

After more than two and a half years of struggling with the US Army to be recognized as a conscientious objector, Agustin Aguayo has gone AWOL (absent without leave) in order to avoid a forced deployment to Iraq.

Aguayo realized after about one year of service in the military that his beliefs had changed to the point that he could no longer in good conscience be a part of the armed forces. He first applied for discharge as a conscientious objector in February of 2004. While his application was being processed, he was sent to Iraq as a medic, where he refused to load his weapon even when put on guard duty. His application was denied by the Army while he was still in Iraq, but because it had been seriously mishandled, he had a chance to challenge the ruling by filing a habeas corpus in federal court.

The habeas corpus was denied on August 24, 2006, and exactly one week later, Aguayo's unit in the 1st Infantry Division was to deploy once again to Iraq. He made it clear to his chain of command that as a conscientious objector, it was against his beliefs to participate in war in any form and he would not deploy. On August 31, he "missed movement" by not deploying with his unit. The next morning, he turned himself in to the MP (military police) station.

Instead of facing a court-martial as he expected, he was told by Army personnel that he would be going to Iraq, even if they had to forcefully put him on the plane. Knowing of no other option, Aguayo fled the military base and is currently in hiding.

Helga and Augustine need our help. Donations, spreading the word, sharing their story--Howard Zinn tells us in the video that when soldiers put down their arms and speak up, war will end. This is now. This young man is in danger and he needs our help. We can encourage him and others like him to speak truth and we can end this horror.

[slackmaster]

1. I have no sympathy for him, none at all

Once you take the oath of military service, you no longer have the option of not going where they tell you to go.

:nopity:

My grandfather was a CO during World War I. He was draftee, refused to serve, and was sent to prison.

ETA my brother is in the Navy. He didn't want to go to Iraq either, but he did his duty.

[LA lady]

2. Sorry

My husband is retired military. he went plenty of places he didn't want to go to.

[Name removed]

3. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[movonne]

4. But, but, but this is an illegal war...there is a difference...we do not

sign up for the Halliburton war...

[slackmaster]

5. That's not up to an enlisted person to decide

:nuke:

[villager]

6. Surely you think enlisted Germans should've "decided?"

Soldiers asserting their humanity is what is required for militaristic empires to start to fall...

[slackmaster]

8. Apples and oranges

The Nazis weren't a materialistic empire. They were a genocidal, racist empire.

[villager]

13. both plucked from the same tree of conscience...

n/t

[ray of light]

48. Right ON!!!

[uppityperson]

14. And the BFEE isn't a genocidal, racist empire?

[slackmaster]

15. No, just a materialistic one

:nuke:

[uppityperson]

22. I can see that we greatly disagree.

Genocidal, racist regimes can be founded on varied principles. Materialism is one. I agree that the BFEE bases theirs on materialism, but are also racist and genocidal.

[slackmaster]

25. I respect your opinion

But it isn't up to a soldier to pick and choose where to go.

He has the option of not killing innocent civilians. In fact, an obligation.

[uppityperson]

26. He tried to turn himself in for court martial.

On August 31, he "missed movement" by not deploying with his unit. The next morning, he turned himself in to the MP (military police) station.

Instead of facing a court-martial as he expected, he was told by Army personnel that he would be going to Iraq, even if they had to forcefully put him on the plane

[ray of light]

9. Yes, exac tly! Thank God for the resistance!

[acmejack]

17. Since you haven't been there it is not for you to decide either is it?

And what does it have to do with him being an enlisted person? Would it make a difference to you if he were commisioned? Why is that?

[slackmaster]

20. You're right, it's not for me OR YOU to decide

Enlisted people do what they are told. They have an obligation to follow orders, and also to disobey illegal ones.

That means if the Army says he goes to Iraq, he has to go. It is not illegal for the Army to send soldiers to Iraq.

If they tell him to shoot an innocent civilian while he's there, he has a legal and moral obligation not to obey.

Simple enough for you?

[acmejack]

28. I was asking for the clarification on the officer/enlisted issue.

If you please. Junior officers are exempt in your mind?

[slackmaster]

32. Only a flag officer would have authority refuse order to go to Iraq

And he or she might face Court Martial. In any case, it's not an issue for a soldier to decide.

Whether or not to kill a particular person, or destroy a piece of property, is an issue for a soldier to decide.

[acmejack]

36. All I was interested in getting straight

fwiw, I was a CPO until I was medically discharged in 84. Failed the overseas duty physical when I was preparing to go on Personnel Exchange duty to Germany, the story of my life :) I was just playing devil's advocate with you.

[uppityperson]

38. He tried to turn himself in and get court martialed.

They told him they would forceably ship him to Iraq.

[ray of light]

7. Please donate to his legal fund. It is an illegal war and it is exactly

why the military soldiers must speak out and be protected by all of us.

It's like the IVAW explained at Camp Democracy--the soldiers have a contract but it's a two way contract.

They promise to serve and protect us.

In return...

We promise to save them if our politicians send them to war illegally or abuse their trust.

Bush has already broken that contract. Will we break our side too?

[slackmaster]

10. Send your money to a Democratic candidate for Congress instead

A much better investment IMO.

http://www.busbyforcongress.com/

[ray of light]

57. read about Alex and how recruters 'get them' even when they don't

understand.

http://www.thenation.com/doc/20060508/richards

[The Wielding Truth]

66. As in Vietnam the choice becomes personal when the war is a lie.

UNIVERSAL SOLDIER
Buffy Sainte-Marie
© Caleb Music-ASCAP

I wrote "Universal Soldier" in the basement of The Purple Onion coffee house in Toronto in the early sixties. It's about individual responsibility for war and how the old feudal thinking kills us all. Donovan had a hit with it in 1965.

He's five feet two and he's six feet four
He fights with missiles and with spears
He's all of 31 and he's only 17
He's been a soldier for a thousand years

He's a Catholic, a Hindu, an atheist, a Jain,
a Buddhist and a Baptist and a Jew
and he knows he shouldn't kill
and he knows he always will
kill you for me my friend and me for you

And he's fighting for Canada,
he's fighting for France,
he's fighting for the USA,
and he's fighting for the Russians
and he's fighting for Japan,
and he thinks we'll put an end to war this way

And he's fighting for Democracy
and fighting for the Reds
He says it's for the peace of all
He's the one who must decide
who's to live and who's to die
and he never sees the writing on the walls

But without him how would Hitler have
condemned him at Dachau
Without him Caesar would have stood alone
He's the one who gives his body
as a weapon to a war
and without him all this killing can't go on

He's the universal soldier and he
really is to blame
His orders come from far away no more
They come from him, and you, and me
and brothers can't you see
this is not the way we put an end to war.

Entire Contents ©2003 Buffy Sainte-Marie
http://www.creative-native.com/lyrics/univelyr.htm

[philosophie_en_rose]

74. Bullshit. Following orders is not a good enough excuse.

If someone honestly believes that they are about to commit or in the middle of committing atrocities, they have the duty to refrain from those activities.

[No Exit]

84. I have a great deal of sympathy for him...

...notwithstanding the fact that his name doesn't sound very 'Murikan.
:sarcasm:

"Aguayo realized after about one year of service in the military that his beliefs had changed to the point that he could no longer in good conscience be a part of the armed forces."

If, OTOH, he had spoken out against this fraudulent war/administration without signing up, certain persons would criticize him because he "hasn't been there... how would he know... blah blah blah."

Those who have children in the age range of 18-25 will understand how gullible they can be when they are being recruited by the armed forces. Those who don't have such children seem to think that THEY "were much smarter at that age." (Bullshit.)

I wish this young man well; I applaud him for not wanting to serve this torturing, stealing, murdering, lying regime. There is no America under Bush/Cheney.

[cynatnite]

97. Agreed...

I feel the same, too, and got pretty well slammed on DU.

Anyone who joins and takes the oath does so knowing they might go to war or anywhere else they might not like or even agree with. If they can't handle that or don't like it, they have no business putting on a uniform.

I joined when Raygun was pres. Hubby was sent to Panama and Gulf War I. We felt that Panama was wrong, but he went despite his personal feelings. It was his duty.

[Sammy Pepys]

11. He won't get my pity....

Bush gets none from me for his going AWOL, and this guy doesn't either.

[slackmaster]

12. Right on

If you don't want to serve, don't sign up.

[uppityperson]

19. What if you sign up, experience the reality, try for CO status,are denied?

After more than two and a half years of struggling with the US Army to be recognized as a conscientious objector, Agustin Aguayo has gone AWOL (absent without leave) in order to avoid a forced deployment to Iraq.

Aguayo realized after about one year of service in the military that his beliefs had changed to the point that he could no longer in good conscience be a part of the armed forces.

Good for him to be able to learn and stand up for his beliefs. He tried to turn himself in, willing for prison it looks like, army said "tough, you are off to Iraq."

[slackmaster]

23. Tough shit

He should have researched it better.

[ray of light]

24. 'zactly!!!

[bigtree]

29. sigh

:sigh:

[midnight]

37. Bush never admits his desertion......

There is the difference. Bush covers it up. Bush gets sympathy from those who remain silent.

[No Exit]

85. Don't pity Aguayo--make him President.

Since we're treating him exactly like we treat Bush...

Oh--and we also need to let Aguayo steal, murder, and torture--if he is so inclined.

You're right: let's treat him exactly like we treat AWOL Bush.

[ray of light]

16. Ignore the people who disagree! DONATE if you agree! and

spread the word, please!

[slackmaster]

18. I will not be shut down

Don't send your money to someone who VOLUNTARILY joined George W. Bush's Army then thinks he can pick and choose what duty to accept.

[ray of light]

21. Whatever!!! Thanks again for kicking the thread. Please DONATE

if you support him. If you feel the same as slackmaster than do whatever you want to do.

[MadHound]

27. As an enlisted man, you have a duty to disobey an illegal order.

Therefore, as an enlisted man, isn't it even more imperative that you resist an illegal, immoral war? And frankly, if more enlisted men followed their conscience on this matter, there wouldn't be enough troops to continue with this illegal, immoral war.

Bravo for this young man!

[slackmaster]

33. Going to the country is not illegal

He can refuse specific orders to shoot at things or blow them up, if he feels they are illegal.

[MadHound]

40. Actually it is illegal

Several scholary legal minds and international leaders have come to that conclusion<http://search.yahoo.com/search?p=iraq+war+is+illegal&fr=yfp-t-500&toggle=1&cop=&ei=UTF-8>. The commander in chief ordered the Army to go to Iraq illegally. Therefore it is incumbent upon ALL military men and women to refuse to obey this illegal order. The Uniform Code of Military Justice doesn't limit the refusal of orders to only apply to shooting or blowing up things either, it applies to *any* illegal order. <http://usmilitary.about.com/gi/dynamic/offsite.htm?site=http://www4.law.cornell.edu/uscode/10/stApIIch47.html>

Therefore, the case can be made that this man is simply following the strictures of the UCMJ. In fact there are a couple of case making their way through court on this very principle. After all, as C in C, Bush too is bound by the UCMJ.

[slackmaster]

43. Horseshit

Until a court of law of high enough stature decides the war is illegal, the opinions of scholarly legal minds and international leaders are just opinions.

Soldiers do not obey scholarly legal minds. Soldiers obey their superiors.

[uppityperson]

45. My Lai

[ray of light]

46. That's right! Keep up the GOOD fight! DONATE!

[slackmaster]

51. Perfect example

Being in the village was not a war crime. Shooting the civilians was.

The soldiers had no right to disobey Lt. Calley's order to enter the village. They should have disobeyed his orders to kill.

Calley issued an illegal order, and he paid the price.

[uppityperson]

30. Did you read the part where he has been trying for CO status for 2 1/2 yrs

Where he turned himself in to go to prison and they said they would not imprison him but forecable send him to Iraq? How about the duty to disobey illegal orders?

[ray of light]

31. They just want bodies. Even the IWVAW are with him on this!

[slackmaster]

34. The whole story doesn't pass the smell test

I think he's trying to safe his own skin.

[uppityperson]

39. This is another place we disagree

Trying to save his own skin, he would just go AWol yrs ago. He has spent 2 1/2 yrs trying to get CO status. He tried turning himself in KNOWING he would probably get court martialed. Neither of these actions smell like "safe his own skin".

[ray of light]

47. So why don't you enlist if you're so willing to give up other peoples'

skin.

And who made you judge and jury? Frankly...go treat yourself to the same medicine you're treating others to.

[slackmaster]

54. Already answered in reply #4

And who made you judge and jury?

I could just as well ask you the same question.

Frankly...go treat yourself to the same medicine you're treating others to.

I can take what I dish out. I will not support a deserter from the military.

[slackmaster]

60. Another free kick even though I disagree with the OP

The original reply #4, by me, was part of a sub-thread that has been deleted.

I am 48 and too old to serve in the military. I wanted to be a Naval officer when I was very young, but am physically disqualified by vision problems and flat feet.

My brother is a Naval officer. He has served in Iraq. Even as an O5 (Commander) he doesn't have the luxury of deciding whether or not to go wherever the Navy decides to send him. He has very little say in it.

Our paternal grandfather was a real conscientious objector. When he got a draft notice at age 19, during World War I, he carefully weighed his options and decided to apply for CO status rather than accepting a "non-combatant" position in the Army. The draft board, in Chicago, didn't accept his explanation that the Mennonite religion teaches a moral conviction against all war, and he didn't have an advocate to back him up. He and about 40 other CO status applicants were denied, and he accepted a LIFE prison sentence rather than serve in any capacity.

That's what a REAL conscientious objector does.

BTW you may wonder how I am here if my grandfather was sentenced to life in prison in 1917. A few weeks after the war ended, the injustice done to my grandfather and the other young men of religious conviction was broght to the attention of President Wilson, who pardoned them all.

The only way to become a conscientious objector in the eyes of the federal government is to apply for and receive a deferment after you receive a draft notice, and after you have been determined physically qualified to serve. Right now we don't even have a draft. For more information about becoming bona fide conscientious objection to war, see these sites:

http://www.objector.org/

http://www.sss.gov/FSconsobj.htm

[A-Schwarzenegger]

65. "vision problems and flat feet"

That must have been a bitter pill to swallow.

[ray of light]

76. Well, I do support a CO and a person who played by their rules

but they changed the rules.

[ray of light]

77. by the way...judge and jury...exactly the people who he's asking

to decide this case. Not you or not I. I simply support him by donating to his defense fund. You can chose not to and that's your decision.


Though thanks for sharing the link and the grandfather story. Our differences are simply that you believe there is only one chance to decide to be a CO and I believe that one can learn from the events that it's morally wrong to them and thus they become a CO.

[uppityperson]

80. Exactly. CO's can be made.

You are not necessarily born a CO, but can become one by experiencing life's experiences. I too believe one can experience, learn, change, grow as they live.

[KalicoKitty]

35. Soldiers going awol have trebled since the invasion of Iraq

http://www.refusingtokill.net/UKGulfwar2/Soldiersgoingawolhavetrebled.htm


These enlistees were sold a bill of goods when they enlisted. I can't blame them for not wanting to go to war-deserter Bush's war in Iraq. How many more must die because of Bush's immoral war...a war started based on his lies?!

[philosophie_en_rose]

75. "George W. Bush's army" - ding. ding. ding.

:bounce:

If you think the army belongs to George W. Bush - and not the people of this country - you have some esplaining to do.

:bounce:

[No Exit]

86. Consistency is the hobgoblin of little minds.

This guy Aguayo--whose very name is probably an affront to "good 'Murikans"--changed his mind. Good for him: he has a mind to change; he has a mind which can think and see the truth.

That sort of thinking should be encouraged. Furthermore, I'd like to know a little more about how this guy was recruited before I condemn him.

I dislike authoritarian, absolutist, poker-up-the-ass mandates and stubbornness. They smack of republicanism.

[newspeak]

91. wait a minute

my daughter was on the IRR list and signed up (against our wishes) so she could change her MOS--since she was MP and would have been shipped to Iraq-because of this lying chickenhawk administration---she was going one way or another!!!! She felt that if she changed her MOS to medical-she could at least help maybe instead of harm. But, she was trapped one way or another, as others are trapped. She did not serve previously under *, she did not vote for him, yet she, along with others, have bore the brunt of thoughts like yours!!! Iraq is an illegal war, and those who march in tune to the drummer like good germans, will not be rewarded but questioned why they followed.

[slackmaster]

95. Big problem with comparing this guy with "the Germans"

He hasn't gassed anyone or killed innocent civilians.

The only order he violated is a troop movement. Most things that were done by German soldiers during World War II were not war crimes.

[uppityperson]

41. kick fo CO's

[slackmaster]

42. Bona fide COs don't enlist in volunteer military forces

The basic function of an army is to kill people, destroy property, and hold ground.

A Contientions Objector objects to ALL wars on moral grounds.

A Contientions Objector does not approve of some wars and disapprove of others.

A Contientions Objector does NOT join an army in the first place.

There are no Mulligans, go-backs, or do-overs for people who enlist and take the oath.

[uppityperson]

44. Bona fide CO's are made by their experiences.

They can learn and figure things out, as this man did. Some CO's are born that way, most are made.

Are you saying that no one can learn, no one can change their minds or viewpoints?

[slackmaster]

49. He has a right to change his mind, but he took an oath

He has to fulfill his obligation.

He does not deserve an honorable discharge.

[ray of light]

50. He was given CO status. They shouldn't take that away!

[uppityperson]

53. where was he given CO status? Thanks.

don't see that he was given that in link.

[slackmaster]

55. He doesn't qualify for an honorable discharge

And no, he was not granted CO status.

Only a draft board can do that.

:nuke:

[uppityperson]

52. You are partially right here

He tried to get CO status and failed. He tried to turn himself into MP's, figuring on getting a court martial. They told him they would forceable put him on a plane to Iraq.

He does not deserve an honorable discharge unless he can get CO status. If he choses to not go to Iraq, he can chose prison. He chose and they told him they would force him onto the plane to Iraq. At this point, he could chose to go to Iraq or awol. Perhaps now he will get his choice of prison.

[ray of light]

56. thank you for the correction.

[uppityperson]

58. How can they force him to Iraq, not let him go to prison?

That I don't get. I wish him the best in his attempt to get CO status, and his other endeavors and appreciate his courage in standing up to this non-war war

[slackmaster]

59. That's the part I have a hard time believing n/t

.

[ray of light]

67. me too. What gets me is that they take these young kids

and make them sign a life/death contract and hold them to it, when a kid can't even rent a rental car until age 25. (Or at least age 21 in some businesses)

[slackmaster]

96. Mr. Amayo is 34 years old

He's old enough to have known what he was signing up for.

[file83]

72. You are 100% correct on that.

The war may be illegal - and if that is his contention then he should make it that. But to claim CO status? That's just fucking stupid. That's like a guy that takes a job as a butcher, but then says he refuses to work because he believes eating meat is against animal rights. WTF?

[uppityperson]

79. Better comparison. How about someone takes a job as a butcher...

then realizes he can't continue in this job due to moral reasons and tries to quit his job. His boss says he can't quit and threatens to take him to the Big Meat Factory instead. Some people are born CO's, some are made by their experiences. Sounds like he is the second type.

[Thickasabrick]

61. WTF? People have issues with conscientious objectors? If you

follow that logic then the nazis who helped murder jews shouldn't have been prosecuted - they signed up and were ordered to stick people in an oven. They were "doing their duty"

How fucked up is that?

Jesus Christ.

[slackmaster]

63. Going to Iraq != Sticking people in ovens

I call a Godwin's Law foul on that one. Agustin Aguayo hasn't refused orders to kill people because he hasn't received such an order. He missed a troop movment.

The two are not even close to being morally equivalent.

[Thickasabrick]

64. I disagree. Dropping bombs on innocent civilians or gassing them

both end up dead.

[slackmaster]

94. You have just described two war crimes

An order to engage in those activities would be illegal. A soldier who obeyed them would be a war criminal. The only order Agustín Aguayo has disobeyed was one to go to Iraq. Or are we considering "trespassing" to be a war crime on the same level as murdering a non-combatant?

Meanwhile, Aguayo's family has had their pay and benefits cut off. So not only did Aguayo skip out on a contract to serve in the Army and abandoned his brothers and sisters in arms, he has in effect abandoned his own family.

The lack of honorable behavior is why I cannot support him.

[countryjake]

62. kicking, recommending, and supporting a brave guy with principles!

[ray of light]

78. THANK YOU!

[countryjake]

81. One more kick for conscientious soldiers!

[wiley]

68. With all due respect

he deserves the same treatment as any doctor, nurse or health care provider who refuses to treat a patient based on their race, age, sexual orientation, stage of illness, location of injury, ethnicity of patient,etc.

I have very strong beliefs about violence and war and sexual abuse and the separation of church and state, but this is my country and generations of people before me did a whole lot of things they really objected to, sometimes under the whip, and I have a responsibility to contribute to this country.

I've been shot at in the emergency room (3 times), knifed by drug addicts, shot at by anti-abortion protesters (2 times and I don't even perform abortions but that's not even the point), and been punched by some steroid crazed guy who wanted me to treat his kid before an elderly black guy having a heart attack because his son was white. I have enormous respect for those who serve in uniform, even if I disagree with the people who have put them in harm's way.

I had a choice whether to join the military or not. I chose not to but I did volunteer to treat vets in my community at no cost, after putting in grueling hours for days, for almost thirty years now. I don't deserve any awards or decorations for my actions, and few men or women join the military for that reason. Yet I think every one of them who serves deserves gratitude and respect. I only wish this Republican controlled Congress really felt the same.

Would it have been so bad serving as a medic? What beliefs changed? That he was willing to sacrifice his life to protect his fellow soldiers? I bet they would have covered him while he fixed people up if he just didn't want to shoot a gun.

[uppityperson]

69. Sometimes being part, even a positive part, of the war machine's too much.

Being a CO is very different than refusing to treat someone based on prejudices, on 1 descriptive bit of a person and he does not deserve the same consequence as a nurse who refuses to treat (insert term here). Sounds like he does not believe in supporting the war machine at all, and sounds like he has tried to get CO status, failed, tried to go to jail instead, failed but was threatened with being taken forceably to Iraq.

[wiley]

73. Being taken forceably to Iraq is wrong.

If the man is willing to go to jail then he should be allowed to surrender and be incarcerated (assuming he willingly made an agreement the terms of which he was fully aware).I don't think anyone can guaranty what will happen to him at that point.

I've treated several soldiers who were just not capable of existing in a war arena, but that was before soldiers were psychscreened. Now they are given all kinds of drugs if they experience stress or depression. Unless they start killing others (fragging), themselves, or get caught murdering civilians, they won't be sent home.

There are two issues here, really. The US government is desperate to have experienced or inexperienced boots on the ground, and they will fight any CO under the guise of protecting troop morale and maintaining unit cohesion. Many soldiers feel they have served their time and want out, but they feel their duty is to stay until ordered otherwise. Others just want out because they want to be back with their families, or at work, or doing something else, but they have to stay as well. Some really want to be where they are doing what they are doing.

Letting one soldier out as a CO at this point could actually endager all the other troops, as well as civilians in their area. Not the soldier's fault but a possibility. This is all a result of extremely poor planning, a lack of basic understanding of "the enemy" and ideological delusions of superiority - the hallmarks of Republican leadership as demonstrated in Iraq, domestically, in other countries, etc. None of this will end well for anyone. Huge mistake to ever start a war based on paranoia, fear and increasing revenue for companies in the war machine business.

If the US was so convinced that Iraq had nuclear capabilities and had plans to attack, why would they send soldiers in? More than one person told a real whopper of a lie for which a lot of people have died. My response may be tempered by the fact that my son insisted on serving in Iraq. He stayed, and died, insisting that he would never leave the men in his unit however bad it got.

So, there it is. In my fits of rage it helps me that my son had and shared respect and responsibility with a group of men who trusted and loved him as much as his family did. It wears bare for me often.

[uppityperson]

70. more info, links

http://www.peaceandjustice.it/

U.S. Citizens for Peace & Justice, Rome (http://www.peaceandjustice.it)

=============================================

SPC Agustin Aguayo is currently AWOL in Germany and has been in hiding for almost a week. His lawyers urgently need about $1000 just to file the appeal in his ongoing court case. Barring a miracle, Agustin Aguayo going to jail for standing up for his beliefs in nonviolence.

This is an urgent call to those of us with financial resources and goodwill to help this family in the time of crisis.

Background:

California resident, originally from Mexico, Agustin Aguayo joined the military, attracted by the educational benefits. He regretted joining the moment he started training with munitions. He applied for CO status before his first deployment to Iraq between March 2004 and March 2005. He was ultimately denied, despite the support of his commanding officer. He spent one YEAR in Iraq as an Army medic, while his application slowly moved through the military channels.

He always refused to load his weapon.

His C.O. application was denied higher up the chain of command-- but they did NOT inform Agustin until the time to appeal the Army denial had lapsed.

It was at this point that American Voices Abroad (AVA) became aware of his case.

A Defense Fund was launched and expert lawyers in this field were retained. A motion of Habeas Corpus was filed, challenging the denial. After lengthy delays (including the Army admitting that it had not followed its own procedures correctly) the court finally denied his case on 24 August 2006. His lawyers wish to appeal, but the legal defense fund is empty.

During this time, Agustin Aguayo and his family were on a military base in Schweinfurt, Germany. His unit was 'stop-lossed'-- redeployed to Iraq. They left last week.

SPC Aguayo refused to go.

Here is an account of the dramatic events which occurred this past week (prepared by Michael Sharp, a Mennonite & Director of the Military Counseling Network who kept vigil with the family--Agustin's wife, Helga and twin 11-year-old daughters):

"Agustin Aguayo made it clear to his chain of command that no matter what happened, he wouldn't pick up his gun and he wouldn't deploy to Iraq. Somehow, though, this didn't seem to sink in. On Friday, September 1st, he was to go to his deployment formation. Instead, he went for a walk. Saturday morning he turned himself in to the MP station in Schweinfurt. He was expecting to be confined and court-martial proceedings to begin. Instead, he was told that he had no choice - he was going to be sent to Iraq. He was brought back to the house by the Rear Deployment commander and first sergeant and told to get his stuff together. The commander went as far as to say that he would be put on the plane, even if he had to be put in handcuffs. While the two military people sat in the living room with Helga and the girls, Agustin jumped out the window and disappeared.

For the past week Agustin has been in hiding. He would turn himself in if he didn't think he would be forced to deploy. As far as I know, this is the only case during this war when the military has tried to force a resister on to a plane to Iraq. .

Michael J. Sharp
Director - Military Counseling Network
([e-mail])
(http://www.mc-network.de)

From http://www.neworleansvfp.org/node/3226

FYI: When a soldier is AWOL, he has 30 days to turn himself in. After that, he is considered a deserter--a much more serious charge.

His wife, Helga is flying back to California on Monday (Sept. 11th) where her & Agustin's parents live, so she can put her daughters into school back there. The Army have refused to pay for the family to travel on military transport. The Army as stopped payment of Agustin's salary.

The family has no savings, as any extra money went to pay the lawyers fees.

The lawyers now say they need a minimum of $1000 for filing fees (this is to appeal the ruling against Agustin in the lower court). Beyond that, they estimate another $10,000 needs to be raised.

What can we do?
Support one man and his family in this time of crisis, as he lives out an act of conscience.

Many of us observers believe the Army is trying to make an example of Agustin Aguayo. Even some of the officers involved are ashamed of what is happening. This week a commander told Helga "I'm not proud of what I'm doing but I have no choice."

HOW TO MAKE A DONATION:

Via: Center on Conscience & War (this is best for those who want a
tax deduction) http://www.centeronconscience.org/CO_donation/codonation.htm

A more direct route, if you have a U.S. checking account and you aren't concerned about the tax deduction, is to send a cheque directly to the Aguayo's lawyer:

Peter Goldberger Esq.
50 Rittenhouse Place
Ardmore, PA, 19003
USA

The cheque should be made out to Peter Goldberger with a note saying it is for the Aguayo Defense fund.

ALSO, because of the family's current financial crisis, you can donate directly to them via Paypal (to cover food and unexpected travel costs--the shortfall since the military cut off Agustin's salary-- the family's only income).

http://www.paypal.com (you have to be registered with Paypal to do
this)

After you log in, you click on SEND MONEY. To send a donation to the Aguayo's, you use her email address: [e-mail] You fill in the amount you wish to donate & the currency. Under categories, you choose SERVICE

Even if you cannot donate, you could send a MESSAGE of SUPPORT, which the family deeply value: [e-mail]

Thank you.

If you would like MORE information about this case, please don't hesitate to contact me.

Meredith Wheeler
American Voices Abroad
[e-mail]
(33) (0)5 63 59 11 32

[uppityperson]

71. One more news article

http://www.azcentral.com/news/articles/0922iraq-awol0922.html

An Army enlistee from Los Angeles who escaped through a window in base housing and fled rather than face a second deployment to Iraq had been told that commanders would send him into combat in handcuffs, if necessary, according to his wife and attorney.

Army Spc. Agustin Aguayo, 35, has been missing since fleeing Sept. 2 but wants to turn himself in and would rather face prison than another tour of duty in Iraq, or in any other conflict, said his wife, Helga Aguayo, who recently moved back to California from Germany, where her husband was based. "My husband has never broken a law, and I am proud of him," she said Wednesday at a news conference in Washington. "He doesn't want to support the war; he cannot do so conscientiously." Aguayo, a medic with the Army's 1st Infantry Division, is the first U.S. soldier based in Germany who has refused to accept a second deployment to Iraq, attorneys and supporters said.

He signed up to join the Army in 2002 and applied for discharge as a conscientious objector in February 2004 as he began a deployment in Iraq. His application was denied by Pentagon officials, and in 2005 Aguayo appealed the Pentagon's decision to federal court in Washington. Arguments in his case are scheduled for November.

While the appeal was pending, Aguayo was told to prepare for a second deployment but said in a letter to the court that he would refuse to go.

[ray of light]

82. thank you!

[FILAM23]

83. No support here

should have been court martialed then sent to Iraq

[No Exit]

87. Before they do that, I demand that Bush/Cheney be tried for war crimes.

It's easy to pick on the little guy. It's not so easy to destroy an illegitimate, murderous, treasonous regime.

[uppityperson]

88. Did you read the part where he tried to turn himself in for court martial?

They said they would just forceably ship him to Iraq? I am curious, were you in the military?

[FILAM23]

89. Yes

served 22 years, Us Navy Hospital Corpsman with over 11 years spent in the infantry
with the Us Marine Corps

[uppityperson]

90. Thanks for the answer

Did you miss VietNam?

Actions have consquences. I wish this guy would be thrown in prison rather than forced onto plane, if that is his choice. Seems that his choice of prison was taken away, which is what I object to here. Not getting into why a CO and what that means, but just the fact that his choice of prison was taken away. Does that make sense?

[Greyhound]

92. I have all the sympathy in the world for this kid and fully support.

his position, OTOH, he did voluntarily sign up and part of the deal is that if you choose to stand up for what's right, you have to accept the consequences for taking that stand (please se Lt. Watada). He will have to do his time, but in the end he will be alive and he didn't have to murder anybody, which far outweighs the punishment the military will mete out.
:patriot::hug::toast::patriot:

[donco6]

93. A hypothetical question

If people are allowed to file for CO status after enlisting (as opposed to refusing the draft), what happens when a Democratic president leads us into a war? Will it be OK for Republican enlistees to decide not to participate based on CO status, in turn based on their individual interpretation of the legality/illegality of the war?

Or perhaps the whole thing would be solved by saying that no enlisted man can apply to change his status in wars that are declared by Congress as opposed to the President?