The decision of the United States Court of Appeals in the case of Aguayo vs. the Secretary of the Army could profoundly influence the willingness of the civilian courts to question the Executive’s refusal to honor the right of U.S. military personnel to exercise their freedom of religion, including the right not to participate in war.
While the U.S. Court of Appeals for the District of Columbia Circuit considered Aguayo’s appeal of the Army’s refusal to release him, he was threatened with forced and imminent return to combat. The eyewitness account of this event by Agustin’s wife, Helga, states that, on September 2nd, at approximately 9:45 a.m., “I got a call from Augie that he was being held at his unit's headquarters. He told me they were bringing him home to get his uniform and Iraq stuff. He refused to grab his Iraq gear but the sergeant escorting him told him he didn’t need to, just to put on the uniform and grab his toothbrush, a pillow, and a blanket. Augie refused. I thought maybe it was over, but then a short while later two sergeants came to our apartment and forced Augie to get his Iraq gear. He went to the back of the house and jumped out a window. One of my daughters was skating in the front, and one sergeant chased her and demanded she tell him where he was. She was terrified and ran away. They came pounding on doors and searched the house three times, looking through all my personal things. And then the Rear-Detachment Commander and the 1st Sergeant came and went as far as to say that he would be put on that plane, even if he had to be put in handcuffs. They tried to intimidate me and were very harsh with their words.”
Agustin went AWOL in Germany then, unaided by the military, made his way back to the U.S. and – well within his 30-day limit – turned himself in to military custody at Ft. Irwin, California. I accompanied him from Los Angeles to Ft. Irwin.
If anyone is a conscientious objector to war, it is Agustin Aguayo. At the same time, anyone considering applying for CO status should understand that this is not an easy “out” of the military. CO status is no longer based solely on religious belief but rather on the “crystallization of belief” about the nature of war and warfare. The application process takes a long time and begins with writing a personal statement about why one considers oneself a CO and includes defending that point of view in front of a military board.
Working with the Aguayos crystallized my belief that anyone considering applying for CO status should also take practical considerations into account, including:
§ Is the service member prepared for a protracted and, usually, expensive legal battle? The Aguayo family – Agustin, his wife, and two daughters – are faced with loss of income while fighting this case, the costs of the family traveling to and from Germany where Agustin is held, and mounting legal fees. And, there is no guarantee that Agustin will not serve seven years in jail for his resistance… with all those attendant financial and emotional costs.
§ Has the service member researched other organizations for information on discharges? Service people should be aware that different organizations approach COs – and AWOLs and UAs -- in different ways. For example, an organization based on religion with an apolitical mission may present the CO application and process in a different light than an organization with a, say, an anti-war mission, or an organization with a purely political or critical theorist mission.
Agustin Aguayo turned himself in at Ft. Irwin and he was taken into military custody. But first, standing outside and witnessed by over two dozen civilian and military individuals, he submitted to a search and his pockets were turned inside out. His wrists and ankles were cuffed and chained, he was assisted into the waiting vehicle, and he was driven to Ft .Irwin’s brig.
Despite the Public Affairs Officer’s proposition that Agustin would probably remain in California, 72 hours later he was returned to Germany. He is currently in a U.S. military prison in Germany awaiting court martial and a possible seven-year jail sentence for refusing to fight in war.
Learn more about Agustin Aguayo at www.couragetoresist.org and donate to his legal fund at www.AguayoDefense.org.
"Fellow resisters … if we stay strong, stand our ground, speak the truth, and stand up for what's right we will always be free."
Darrel Anderson, U.S. Army, 1st Armored Division
During his seven months as an infantryman in Baghdad, Darrel witnessed U.S. troops abuse and kill civilians, he refused to fire on a civilian automobile, he was wounded by a roadside bomb, and he came to the conclusion that this war is wrong. With the possibility of a second deployment to Iraq and at the urging of his conscience, he went AWOL and fled to Canada.
While he was grateful to Canada for harboring him, Darrel wanted to return to the U.S., accept his punishment – if any – from the Army, receive counseling for the symptoms of Post Traumatic Stress Disorder (PTSD) he sustained in Iraq, and, as he states, “get on with his life.” Darrel’s mother drove him across the Peace Bridge bordering Canada and the U.S. and he turned himself in to military custody at Ft. Sill, Okalahoma. Within five days, he was discharged with an OTH.
I counseled Darrel’s mother, Anita, during the last stage of her son’s stay in Canada. I present his case here as the outcome is very different to that of Agustin’s. Both men were in the Army, Darrel went AWOL; so did Agustin. Yet, Darrel was processed out within five days and, today, speaks publicly about his war experiences and against the war in Iraq while Agustin awaits a court martial and sentence.
Learn more about Darrel : http://www.peaceandjusticeky.org/DAnderson.htm
