By Lila Schow
February, 2004
from International Action Organization
"The ultimate test of a man is not where he stands in moments of comfort and moments of convenience, but where he stands in moments of challenge and moments of controversy."
–Martin Luther King, Jr., 27 January 1965

Iraq invaded Kuwait August 2, 1990. Later that month Jeff Patterson, a US Marine sat on a Hawaiian runway, refusing to board the plane that was to take him to Saudi Arabia. His action stemmed from disgust at being forced to fight for "American profits and cheap oil".³ Arrested and confined to brig in Pearl Harbor¹¹ he later received an Other Than Honorable (OTH) discharge.³

Patterson is one of 2,500 estimated conscientious objectors enlisted in the military during the 1991 Gulf War. "A subsequent General Accounting Office investigation placed the number closer to 500, but this failed to include those who were jailed for refusing orders."⁶

In 1962, DoD (Department of Defense) Directive 1300.6 created a path for conscientious objectors (CO’s) to receive a complete discharge from the military or transfer to non-combat duties.¹ To meet the qualifications for CO status, a soldier must prove that they have a sincere objection (moral, ethical or religious) to all forms of war.²

Any soldier applying for a CO "solely upon considerations of policy, pragmatism, expediency, or political views" will not qualify for discharge or transfer under DoD 1300.6.¹

The process of receiving a CO discharge is intimidating, difficult and not widely known to Americans in or out of military service. And why should it be easy? As Army Lt. Col Ryan Yantis says, "It’s disingenuous for a soldier to wake up and say they never knew they were joining the Army to fight wars. … It’s much like a fire [fighter] suddenly realizing, ‘You mean I have to fight a fire?’" ⁴

Yantis is skeptical that someone who volunteers to fight to defend the United States, "against all enemies, foreign and domestic"⁴ can suddenly claim to be a pacifist. However, the United States government generously acknowledges that a soldier’s values can change.

Our armed forces provide a unique promise of education, training and opportunity missing from other institutions in this society. Many enlist for the chance to better themselves or to escape the poverty in their neighborhoods with college scholarships, career opportunities, and job training. Our government is not ignorant to this fact, indeed they exploit it. The U.S. Armed Forces Website asks: "Where else can you get paid to train with the best, travel around the world, make lifelong friends, and get an education?"⁴ The brutality of war is kept off their glossy advertisements to join.

Bill Gavlin, counseling coordinator for the Center on Conscience and War in Washington, D.C., reveals that recruiter’s primarily targets, highschoolers, are still in the process of forming their opinions and values at the time of enlistment.⁴

Dan Fahey, a veterans’ advocate and independent policy analyst on depleted uranium weapons, is an example of the typical enlistee. At 17, Fahey enlisted and obtained a four-year Navy scholarship to the University of Notre Dame. Fahey explains that while he was not anti-war when he joined, at the time he lacked a "sophisticated understanding of war or US foreign policy."⁵

Fahey’s path from soldier to discharged conscientious objector is a textbook example of how to use DoD Directive 1300.6. In 1991, as the United States prepared for the January 16 attack on Iraq, Fahey prepared for his "new job as Missiles Officer on the cruiser USS Arkansas."⁶ At the Navy’s Tomahawk cruise missile school, Fahey learned "to shoot Tomahawk cruise missiles off of ships, including missiles with nuclear warheads."⁵

While the war in the Gulf raged halfway around the world, a battle raged inside me. I had an obligation to serve in the Navy after receiving a four-year Navy scholarship to the University of Notre Dame, but I also had an obligation to my conscience, which was forcefully telling me that I could never fire a nuclear missile at anyone, regardless of the provocation or cause.⁶

Fortunately, counselors from the Committee Opposed to Militarism and the Draft approached Fahey and advised him of his right to file for a conscientious objector discharge from the military. The organization helped Fahey obtain a civilian lawyer and on February 27, 1991, the day of the official end of the war, Fahey submitted his claim.⁵

The process for being awarded a discharge as a conscientious objector is deliberately arduous. It begins with an initial written application to the commanding officer and must include:

• the nature of the potential CO’s beliefs about participation in war:
• how those beliefs changed or developed since entering the military;
• when and why the potential CO felt they could no longer continue serving in the military because of their beliefs; and
• how the potential CO’s daily lifestyle changed as a result of their beliefs.⁷

Though the 1991 Gulf War had ended, Fahey continued with his claim. Assigned to the Arkansas, a ship that would not be sent to the Mediterranean until May, Fahey knew that the United States intended to keep a strong military presence in the region. "I felt that continuing to serve in any capacity would be furthering the war effort and the foreign policy that I did not agree with."⁵

Once a potential CO hands in their application, they must pass interviews with a psychiatrist, a military chaplain, and an investigating officer. Potential CO’s have the right to bring a lawyer, counselor and witnesses to the investigating officer’s hearing. After the hearing, the investigating officer recommends whether or not the applicant qualifies for CO status.⁷

After Fahey completed the three interviews, he waited four months for an answer. At his request, he was taken off the Arkansas and sent to a shore repair facility at Alameda where he spent two months. With no answer forthcoming, Fahey was reassigned to the Arkansas as the ship left for the Gulf. He spent two months in the Gulf, his presence furthering the war effort, though he "was spared from firing any missiles, nuclear or otherwise."⁶

The potential CO applicant has a choice "whether to request discharge (1-0) or transfer to non-combatant status (1-A-0). The military is prohibited from offering 1-A-0 status "as a compromise"."⁸

After Fahey’s CO application was approved, he spent two months processing out. On September 20, 1991, the Navy honorably discharged Dan Fahey.⁵ As a condition of his release, Fahey had to repay his $32,000 scholarship. "I made the final payment to the Navy . . . March 22, 1997; that was the day my Gulf War ended. But the value of having a clear conscience has been priceless." ⁶

Fahey admits that he was "treated well" 5 and attributes that to doing "what I needed to do to make the process go smoothly."⁵ This includes obtaining a civilian lawyer, counseling from a group who knew the procedure and contacting Representative Ron Dellums’ office for a letter of support.

For many other war resisters, the path has not been so easy. The alternative media has recently spread the story of Steven Funk, a 2003 Gulf War resister. Unaware of his options, Funk went Absent Without Leave (AWOL) rather than join his unit in San Jose, California.

On September 6, 2003, Funk was acquitted of desertion and sentenced to six months at Camp Lejeune’s brig for unauthorized absence. He also faces, "a bad conduct discharge, reduction of rank to private, and forfeiture of two-thirds pay for six months."¹¹

Funk went public to "try and dissuade young people from making the mistake I did by getting them more information."¹¹

Though conscientious objection is well established, it remains elusive for soldiers within the military system. The result is that many soldiers find themselves struggling with beliefs verses orders, unaware of their right to be discharged as a CO.

In the 1991 Gulf War, seven9 Marines from a single company of 150 held a press conference to publicly "state their refusal to have any part in the coming massacre."¹⁰ All faced charges of disobeying orders, missing movement and desertion to avoid hazardous duty.

Conscientious objectors who go AWOL tend to receive disproportionately harsh punishments compared to other AWOLs during the same sentencing period.

This one guy said he was drunk for 21 days, was in a drunken stupor and missed his movement. Didn’t show up. He was given 21 days suspended sentence. But during John Isaac’s [a 1991 Gulf War conscientious objector] trial the judge gave him six months in the brig. During the argument Ron Kuby, (his) lawyer, said, "What kind of an example does the Marine Corps want to give to our youth and the people in our military? Just turn to the bottle if you’re having troubles dealing with war and peace, don’t turn to God?"¹²

Even soldiers who are aware of the CO process are not guaranteed access to their rights. "In October, 1990 Army headquarters created a rule requiring that those who had applied for CO status be deployed even though the processing of their applications was incomplete."¹⁴

By December 1990, as the Gulf War loomed, over 1,000 soldiers filed for CO discharges. Met with the ever growing numbers of CO’s before the war had even officially begun, the Army "created new regulations that prevented soldiers from filing for conscientious objector status until they were in Saudi Arabia,"⁹ before finally refusing to accept new applications. One soldier, with a pending CO application was handcuffed and deployed to Saudi Arabia.⁹

Others are denied their right to file for CO by their commanding officers, this proved especially true in the 1991 Gulf War. Bill Gavlin, counseling coordinator for the Center on Conscience and War in Washington, D.C. relates the story of one woman who was told if she applied for CO she would be court marshaled.¹⁰

Some commands refused to accept applications, some have taken a year or longer to process applications, and some have denied CO applications without legal justification. [A]ll regulations allow the military to send most COs into combat situations, (just without arms), while their applications are being processed.⁹

Erik Larsen’s commanding officer refused to accept his CO application in 1991. Feeling that his only legal option was blocked, Larsen went AWOL, touring the U.S. and Europe speaking out against the war. After turning himself over in California, Larsen was handcuffed and flown to the Camp Lejeune brig despite the filing of a Temporary Restraining Order.

Later, a Federal Court judge ruled Larsen’s commanding officer violated the military’s own rules when he turned down Erik’s application.¹²

Eventually the Army issued "stop loss," an order designed to keep troops in uniform.¹³ Those who "have met their contractual service obligation or are scheduled to retire"⁹ are prevented from leaving the Army. In 1991 stop loss was extended to include CO’s. This left difficult choices for enlistees objecting to the war.

In today’s Afghanistan and Iraq wars, many GI’s are faced with the fact that the DoD makes no distinction over unjust wars. A conscientious objector’s discharge must be on the basis of objecting to all war. Two questions commonly asked during CO interviews are "Would you fight Hitler" and "Would you fight if your country was invaded?"⁵

In spite of this, there are four additional types of conscientious objections not recognized by the U.S. government.

• CONSCIENTIOUS OBJECTORS TO PAYING FOR WAR: People whose consciences forbid them to pay the military portion of their taxes because of ethical, moral and religious beliefs.
• SELECTIVE OBJECTORS: Persons whose consciences would not permit them to participate in what they believe to be an "unjust" war but do permit them to participate in what they believe to be a "just" war. Selective objectors may also object to certain weaponry or to particular targeting.
• NUCLEAR PACIFISTS: Persons whose consciences would not permit them to participate in a nuclear war, or what they believe would likely become a nuclear war.
• NONCOOPERATORS WITH THE DRAFT: Persons whose consciences forbid them to cooperate with draft law requirements. Many of these conscientious objectors refuse to register for the draft. Nonregistration is currently illegal. Current law stipulates that young men who fail to register within 30 days of their 18th birthday are subject to possible criminal penalties of up to 5 years in prison and a fine of up to $250,000. They also forego Federal financial aid for higher education and job training as well as employment in the Federal government. Some states have similar penalties, even prohibiting obtaining driver’s liscences.¹⁵

There is no time limit to apply for CO status and only a small percentage of people who apply are granted discharge. War, stop loss has again been applied by the Army. Currently, stop loss has not been extended to cover CO’s. This may change however. Military statistics are generally a year behind and as the decisions on CO applications take six months to a year, the exact number of COs in the present war will not be known for some time.¹⁰

However, "[o]f 2.7 million men and women in the active and reserve forces in the US, 29 were discharged as conscientious objectors in 2002."¹⁵ The GI Rights Hotline reports that before September 11th they helped with one CO a month. After the towers fell, they began working on one a week. Since the start of the 2003 Gulf War, they process one a day. Not everyone who applies for a CO goes through the GI Rights Hotline. There are many organizations set up to help, including churches that often counsel CO applicants, but many go through the process alone.

With this dramatic increase in CO applications and with established support networks to aid soldiers and reservists, the Army may expand stop loss to include conscientious objectors as they did in 1991.

Already the seeds of discontent are spreading through the armed forces. Travis Clark, a Marine standing by for possible call-up during this war,

I can see violence used if there was an invading army invading my people. But I’m not going to go into someone else’s country and force them to defend themselves.⁴

Dan Fahey offers advice for those thinking about applying for conscientious objector status.

Don’t be afraid to act on your beliefs, but when you do, make sure you have good legal advice. If your goal is to make a public statement about war, then you are probably going to have a rough time and have your CO application tossed out. If your goal is to get out, you can make a statement once you’ve left the military. Also, don’t allow yourself to be used by people who might want to make you into a poster boy/girl - get good legal advice before you do anything.

For more information on getting copies of regulations, visit www.objector.org or call CCCO at 510-465-1617

Sources

1. Central Committee for Conscientious Objection Conscientious: Objection and the Law

2. Central Committee for Conscientious Objection Conscientious: But What Does It Mean?

3. Portland Indy media Do you remember the first time? Resistance to the 1991 Gulf Massacre author: repost from Practical History : Resistance in the military

4. Central Committee for Conscientious Objection Conscientious: CCCO In the News RESERVIST OBJECTORS TO BATTLE WAR ORDERS : Changing beliefs

5. Interview with Dan Fahey by the author on Wed, 21 Jan 2004

6. Common Dreams Published on Sunday, February 25, 2001 in the Boston Globe ‘My Gulf War’ Remembering a Matter of Conscience by Dan Fahey

7. GI Rights Hotline 1 800 394 9544 : Conscientious Objection

8. GI Rights Hotline 1 800 394 9544 : Type of Separation

9. Michael Marsh The resistance

10. Common Dreams Published on Tuesday, April 15, 2003 Hundreds of U.S. Soldiers Emerge as Conscientious Objectors by Gabriel Packard

11. Not In Our Name Conscientious Objector Day May 15th Celebrate and support international war resisters Stephen Funk Conscientious Objector May 10, 2003

12. The Anti-warrior Published by the GI Refusnix to the Persian Gulf Massacre in Support of All War Resisters Edition Two, August 1991 – ARCHIVE by Erik Larsen Marine Reservist pending courts-martial for "Desertion in time of War" excerpts from June 22, 1991 speech

13. Truthout Army Trying to Keep Troops From Leaving The Associated Press Monday 05 January 2003

14. Against the Current The Greatest Gulf War Heroes: In Honor of Our Resisters by Betsy Esch

15. Fighting not to fight Tuesday April 1, 2003 The Guardian United States