Magistrate backs soldier as conscientious objector
Published Tuesday, May 13, 2008
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ANCHORAGE — A federal magistrate has ruled that the Army should be ordered to grant conscientious objector status to a Fort Richardson-based paratrooper.
The request by Pfc. Michael Barnes, 26, was denied last year.
U.S. Magistrate John Roberts ruled Tuesday that the government failed to show any “basis in fact” for denying Barnes’ request to be honorably discharged due to his religious beliefs.
The government has four days to respond.
Barnes is a native of Portland, Ore. He enlisted in February 2005 and served in Iraq in 2006 and 2007. The paratrooper served as a radio operator in the 4th Airborne Brigade Combat Team.
Barnes did not testify Monday during an hourlong hearing while sitting alongside Anchorage attorney Sam Fortier. In paperwork filed with the court, he declared that his Christian faith, which became clear as he watched events in Iraq unfold, now prohibits him from waging war.
“Spending my time on this earth killing or supporting killing others is unacceptable to me,” Barnes wrote. “Serving Jesus is doing the opposite of participating in war. It is loving your enemy, avoiding conflict, being humble and living peacefully. I am unable to serve the Lord and support war.”
Barnes was baptized at New Hope Community Church in Portland in 2001.
The Army not only denied Barnes’ request for conscientious objector status but also rejected his petition to be honorably discharged. The Army Conscientious Objector Review Board in Alexandria, Va., in September found Barnes failed to make a convincing case.
“I do not believe that Pfc. Barnes ... is sincerely opposed to participating in war, in any form, due to his religious faith,” wrote the staff judge advocate in recommending the request be denied.
Army officials found that Barnes’ request was at odds with him saying previously he wanted to serve in Iraq. They also noted that the request came three months after his deployment to Iraq. And they said officers in his chain of command were never made aware of his objections to the war until he was reassigned in December 2006 to serve as a gunner.
“Persons around him were surprised by his decision to become a conscientious objector,” said Maj. Josh Toman.
But Barnes’ lead attorney, Steven Collier, addressing the court by telephone from San Francisco, noted that his client did share his misgivings with fellow soldiers as well as an Army doctor, who treated him for clinical depression, and an Army chaplain, who testified on his behalf.
“Three people testified that his Christian religious faith was growing at that time,” Collier said.
Watching the proceedings in the courtroom were a half dozen representatives of the Alaskans for Peace and Justice organization, the soldier’s wife, Pearl Barnes, and the couple’s two children, Noah, 4, and Kylee, 1.
Community Discussion
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Wonder why you'd ever join the military if you're a conscientious objector...
Yellow.
st---did you read the whole article?? It was a realization...
How does his new found faith feel about the commitment he made to the US Army and his country previously? Why is he seeking discharge? Why not simply reclass into a non-combat MOS?
I won't deny anyone their personal beliefs, but from the information presented this seems more a case of trying to simply avoid a deployment. The Army has lots of openings for non-combat folks, and if he had filed for conscientious objector status and requested a reclass, I am almost sure it would have been granted.
"Army officials found that Barnes’ request was at odds with him saying previously he wanted to serve in Iraq. They also noted that the request came three months after his deployment to Iraq. And they said officers in his chain of command were never made aware of his objections to the war until he was reassigned in December 2006 to serve as a gunner."
He's a 26-year-old pfc. The guy is a loser.
He should just admit that he's a coward and get on with it.
The military should send him to the front lines.
If his beleifs are so strong he should be happy to serve the rest of his enlistment in jail. He won't have to deploy, wage war, or kill anyone. When his enlistment is over he should also be happy with a dishonorable discharge.
According to the article he's been born again since 2001. Has the bible changed since then? Don't they still smite people in the bible? Did they take out the part about keeping your word and fulfilling commitment? Wonder how long till his wife realizes that commitment means nothing to him? Maybe he'll walk out on his wife and kids when the going gets tough.
This male is GUTLESS plain and simple. The only justice will be when his kids and grandkids ask "So what did you do in the war?"
Reclassifying his MOS doesn't necessarily mean he can't be deployed to a combat zone. He's a radio operator that was reassigned to be a gunner. The could reclassify him to a cook or chaplain's assistant & still go to Iraq. His changing religious views coincides with many people's political views on the war. I can see how the Conscientious Objector Review Board would not be easily swayed by his new found faith. Maybe he would have had better luck if he had become Amish or a Buddhist.
Let the man that served the Army and the War in Iraq go on with his life. The current situation in Iraq is a total farce and should be ended immediately. Shame on the current administration's handling of this issue! Those of you against this soldier need to put your money where your mouth is and spend just a day in the war zone on the front lines. Your arrogance is ignorance! I am a retired veteran and disagree with the current President's handling of this War.
Well then as a vet/retired you should know about following the orders of those above you, whether you agree or disagree. As far as money where my mouth is. I would love to spend "just one day in a war zone". Unfortunately my "day" comes 365 or more at a time. You see my arrogance is well deserved. I've been deployed to combat on three different occasions, three different wars and standing by to leave for number four. Maybe this time it will be less than 16 months so who knows. So my sympathy for this individual can be found in the dictionary between $%#t and syphilis.
Watch the wackos come out out of the woodwork and DEPERATELY try to SPIN this as "just a man that really beleives in his cause."
Bulls--t.
I'll tell you what he beleives in: Staying in his comfy home, watching "Three's Company" Re-runs, and having his wife do all the housework.
He was gung-ho about going over there, until *gasp* he actually got to Iraq and found out how DIFFICULT it actually was.
He's either lazy...or a COWARD. Or both. To REAL SOLDIERS: You have more COURAGE and DETERMINATION in your pinky finger than this "man" has in his entire body.
Somewhere the father of Michael Barnes is hanging is head in shame and muttering: "Where did I go wrong?"
People should not be so quick to call this man a coward, yellow, chicken, etc. He became a Christian earlier in life and has, like so many other Christains, began a new 'walk'. Few people experience an instant life makeover but rather a gradual realization of things in their life they need to change. The Lord reveals different things to different people at different times for different reasons. This young fellow has been convicted in his heart about war and he should do everything in his power to pursue what he feels God has laid before him as his path. It is not up to us to determine whether this is getting out of iraq or getting into favor with what God has planned. I do agree he should seek out alternative MOS's which wouldn't require him to be face to face with the enemy on a daily basis so he could Honorably fullfil his service commitment.
what is the big deal. it is an all volunteer army so if he wants out whats the big deal. its not a real war anyway like the other ones. look around on the streets and see how many military age people are just being idle, that shows that the army does not really need anyone because if they did they would drafty people and then it would be different because the draft means you have to be in there even if you think it is all wrong. this is so lame.
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If he did go back to war would the real men and women fighting want to have him fighting beside them? In my opinion he seen reality of war and chickened out. I have never been in the armed service i tried but a broke knee kept me out. I think if i did get in i would be man enough not to let my fellow soldiers down and quit. Christian faith im sorry but that is a joke im with AKLOWN on this
jgirl - When you can write past a 4th grade level, let us know how you feel. Until then, you should just watch and not chime in.
You're not doing your side any favors.
One question. How much money have we, the taxpayers put into this guy? He signed a contract. He either completes that contract, to include going to war or we make him pay back all the monies spent on his training. Another thing to note. If this guy doesnt shoulder his pack and go to Iraq, then someone else has to go in his stead. It is for that reason that I would label him a coward.
You also have to look at the bigger picture. You cant just let people give up the military when things dont go their way. It is a detriment to good order and dicipline. When you "quit" during war, you are in effect a deserter.
To paraphrase George Washington, "until we shoot a couple of these deserters we will continue to have this problem."
I would not care to judge someone harshly for not wanting to kill people.
I also realize we live in a society with a fair share of cowboys ready to "clean up the town" as well as those with a sincere belief in the righteousness of the Iraq war cause, misguided as most appear to realize it was from the start.
In the days of the draft, a conscientious objector could serve in a civilian 1O capacity or a non-combatant 1AO. Seems like there is more to do in our military than kill people. Perhaps they should just let him serve his time commitment in a role that will be helpful and not deadly to himself or others.
AKCLOWN, you've obviously been to war too many times already. It takes more guts to say you don't want to go back, than to keep going back...defined by this blog:0)
You idiots should find something to do with your lives and leave this guy alone. He shouldn't need an excuse to get out of our volunteer military. He'd have more rights as a prisoner.
nmg60.....so then make him a prisoner
And it's my understanding that Reader1 is in Mesopotamia at the moment...
I am fairly new to Fairbanks, but it horrifies me to see how many individuals in this area make such harsh judgements with the small amount of information portrayed in one newspaper article. For those individuals who consider themselves "Christian,".....the last time I checked, one of the most powerful statements made in the Bible in the book of Matthew is "Judge not, that ye be not judged." (Matt. 7:1) In fact, I encourage all of you who are outright persecuting this man to review chapter seven of Matthew and then reconsider your perspective. You do not walk in this man's shoes.
Like I typed, if this guy doesnt go, someone else does. Maybe someone who just got back has to go again cause this clown doesnt want to. The argument that "He shouldn't need an excuse to get out of our volunteer military" doesnt fly. You can turn that around and say that he didnt have to volunteer in the first place. Besides, anyone who joined after 9-11-01 knew what they were in for.
I do not view this man as making an excuse, rather taking a personal moral stand in regards to his theological philosophy. You can view historically the persecution that occurred with most individuals who made the conscious decision to take a stand in regards to something that he/she believed in. The "someone else" who would be going in his place would evidently be desirous to support what is occurring in Iraq, or he would also be taking the necessary steps to take a stand against participating in such military actions.
When you raise your right hand and join the military, you belong to the government. That is the end of that.
First, I guess this man deserves a "thank you" for his service. He did serve, after all, although I think it's a shame that he couldn't finish out the contract.
Now, I haven't served in the military, but I am the wife of a soldier facing his second deployment. I understand in part the sacrifice made by our military. Frankly, I see no honor in the choice that this man is making, but apparently he and others do. So be it.
If he cannot serve beside his brothers and sisters in a way that protects them, he absolutely should not be there. I do not want men like this putting my husband's life in further danger; being deployed in a war zone is hard and dangerous enough. Armed service members must be able to trust the people with them. He shouldn't stay active and receive the numerous benefits that come with the sacrifice of serving.
Beyond that, ANY received bonuses after the initial deployments should be re-payed, either monetarily or with some other governmental service position that earns that money that wasn't meant as payment for a signature.
Finally, I say "thank you" to all of you who are serving now, in this time where the political climate seems so against you. I have you all in my prayers at night. Good luck and God bless.
hybridalaskan- fyi- i am in the 10th grade. i showed your reply to my mom and she said you dont write so well either.
jgirl, its nice to see people your age are keeping up on things. To answer your question as to why dont they just let this guy out, because its sets a dangerous precedence. Discipline is what holds a military together. In the military you are called upon to do things, things that are not easy and most people dont understand why they must be done, but they must. For instance, in war a soldier may be called upon to attack a hill. A hill covered with enemy who are shooting at him and trying to kill him. Moving forward against that is not a natural act, but yet if he and his comrades are to live, if we are to win, then the proverbial hill must be taken. Allowing someone to quit when they want would tell everyone else that they can as well. And at the end of the day, that hill still has to be taken. Someone has to do it. This guy volunteered to do it and he can put his pack down when his enlistment is up.
As to it not being a "real war," there are some 4000 families in America who have lost loved ones over here, I bet its real to them.
I always thought it was funny that the term conscientious objector implies anyone who doesn't claim it has no conscience. As for those who claim he 'chickened out', exercising his right to freedom of religion from within a system that has the obligation to send you to your death without your even being able to require an explanation is heroic.
The man did finish out his contract. This clause was part of the contract he signed with the government. If more people everyday stood up for what they believe in, we would all be better off. Most don't because it's not an easy thing to do and are lazy. To respond to the "but they don't, so deal with it crowd": THAT is real cowardice.
During the time of the draft, conscientious objector status was clearer. Here, he "got religion" in 2001, yet he enlisted in 2005. With an on-going war, why would he enlist in the military? His argument is suspicious. If he enlisted to get a job, the question is whether he should be allowed to pick and choose what he'll do...
For a country that calls itself 'Christian' I find little that is Christ-like in our politics. This man appears to have had the courage to follow in Jesus's footsteps.
What's with all these crazy-sounding comments? Leave the guy alone, already. What do you care what he does, anyway? Sheesh. This is a news article. It did not ask you to do anything. All this frothing at the mouth sounds insane.
Lief Fenno, Liberal spin is what you sew. If all of this country was made of "conscientious objectors", we would look alot like France right now, overrun with Muslim fanatics that attack society at random. Face it, if you are a liberal, stay out of the military! I thank everyone that has served.
1 To every thing there is a season, and a time to every purpose under the heaven:
2 A time to be born, and a time to die; a time to plant, and a time to pluck up that which is planted;
3 A time to kill, and a time to heal; a time to break down, and a time to build up;
4 A time to weep, and a time to laugh; a time to mourn, and a time to dance;
5 A time to cast away stones, and a time to gather stones together; a time to embrace, and a time to refrain from embracing;
6 A time to get, and a time to lose; a time to keep, and a time to cast away;
7 A time to rend, and a time to sew; a time to keep silence, and a time to speak;
8 A time to love, and a time to hate; a time of war, and a time of peace
ecclesiastes 3:1-8
I can't agree that this article provides enough information to arbitrarily classify this man as a coward. He did serve in Iraq, something I'm sure most of you haven't done and have no idea what that experience can do to someone. Why not give him some benefit of the doubt. Army regulations are in place to address Soldiers who find themselves in these situations. They can remain in the Army and simply not serve in certain jobs.
Polarmark quotes a good one.
Turn the cheek is a good one also.
Judge not is convienient to quote when it feels good.
But there comes a time when you need to stand and fight for what is right.
If we leave Iraq anytime soon you will see mass genocide followed by an invasion by Iran.
Christian or not, The effect will be feelings by some that he has let his fellow soldiers down, and the defensless women and children of Iraq down.
Here is a good verse-
Matthew 5:37
But let your 'Yes' be 'Yes,' and your 'No,' 'No.'
I find it astounding how quickly some seem to be to turn against this man. Could he be lying about his faith simply to not go back to Iraq or Afghanistan? I suppose he might, but others closer to him than us clearly believe him. I, for one, am simply glad that a Christian has decided that 'Thou shalt not kill' applies to people.
olypopper, if you'd like to actually address what I wrote instead of just being loud and obnoxious, I'd be more than happy to tell you why you're wrong.
As a Vet and as someone currently working with the military, I see the damage done by repeated deployments on a daily basis. Our guys come back for 1 year between deployments, during that year they are away training for 3 months, then redeployed. I've seen guys who have been on 4 deployments in 6 years. I've seen families disintegrate because they've been married 5 years and the spouse has been gone 3 years. For some branches of the military, divorce is at 85%. I think for every deployment, a soldier should be home a minimum of a year. 1 deployment, 1 year, 2nd deployment, home for 2 years, etc.
Some people are career soldiers, and some aren't.
Does anyone agree that people have the capacity to change how they feel about something over time, or am I wrong? If they do, then what's to say this guy hasn't experienced a gradual intolerance to conflict?
However, it does reek of trying to get out of further service despite his previous two tours. All decisions have consequences, and failing to take responsibility for them is cowardice to me...
I think you all are wrong. They need to give this guy a big stick and make him walk every road in Iraq and check for EID's. This guy is a wuss and does not deserve to wear the uniform. I put mine everyday and do it proudly. To walk in that mans shoes, I have been doing it for the past 12 years, and will keep doing it. When you raise your right hand and swear to uphold the values of the USA, you do what you are told and move out.
If you not have put on the uniform and walk a mile in a soldiers boots, you have NO right to say anything about being a soldier, or what we do. But then again, I do put on my uniform everyday and fight for your freedom to speak trash from your mouth.
You are welcome for the right to free speech.
A U.S. Soldier and DAMN proud of it.
really we don't know if he is being truthful about his "convictions" or if he is lying is butt off to keep the heck away from iraq. so lets not judge him... but to be clear i agree with the latter.
I don't understand why *anyone* would want to keep the guy a gunner if he's going to have doubts or hesitate before he pulls the trigger to shoot an enemy.
It's actually responsible for him to apply for conscientious objector status or a non-combat role if he thinks he's going to have a problem. It would be far more cowardly for him to ignore his growing convictions and then do something dangerous during combat.
Part of the issue here is that nobody has full control of their beliefs. We may gradually become convinced of something (like a spouse's unfaithfulness) despite all our efforts to keep believing the old way. This man has become gradually convinced of something he can't ignore and he's taking responsible action based on that belief.
Overriding a soldier's conscience is a contradiction of our democracy and military's commitment to freedom of conscience.
Pfc. Barnes must have missed class the day obeying earthly authority was discussed in Christianity 101. The Bible states, "Submit yourselves to every ordinance of man for the Lord's sake: whether it be to the king, as supreme; Or unto governors, as unto them that are sent by him for the punishment of evildoers, and for the praise of them that do well. For so is the will of God, that with well doing ye may put to silence the ignorance of foolish men" 1 Peter 2:13-15 (KJV). By using the conscientious objector status weasel out of his obligation to military authority, Barnes is actually giving his "Christianity" a bad rap and providing a bad role model for his kids.
Taking the High Ground: Military Moments with God, copyright 2001 by Col. Jeff O'Leary.
"Christ, in His great love for us, made the ultimate sacrifice on the cross so that we could be free to have an abundant life on Earth and an eternal relationship with God."
"God is always looking for people willing to serve. He has many opportunities available to those willing to join His army. Although recruits can expect some hardship, their commitment will prove worthwhile beyond anything they can imagine."
I'm actualy surprised Pfc Barnes hasnt' met up with other Military Christians who share the same views as him. The common virtue, Uncommon Valor will shatter if his wishes are followed.
oh come on army24engr so you fight for our free speech and someone fought for yours long before that too. and lets be truthful this war isn't about free speech and our rights. I would rather have that coward out of the war zone than refusing to work along side my friends and family in a going-no-where "war".
n8v i was in no means saying that to follow his convictions were wrong or cowardly but i am saying that he did not want to fullfill his commitment in ANY WAY... not even working in a non-combat job. that is what makes him a coward. barnes states hiself “Spending my time on this earth killing or supporting killing others is unacceptable to me, Serving Jesus is doing the opposite of participating in war. It is loving your enemy, avoiding conflict, being humble and living peacefully. I am unable to serve the Lord and support war.”
He is clearly stating "I WANT OUT!!" his only problem is he has to have a good excuse.
LIBERAL army guy + LIBERAL judge, two peas in a pod.
I got drafted in 1968.....I did not run to Canada.
I would rather that someone who has experienced war and knows what it's like be granted CO status rather then someone whose only experience with it is watching the news. This guy KNOWS what a war is and he can't justify within his faith continuing to fight in it. Give the man his honorable discharge, but don't give him any of the discharge benefits. I think it's a fair trade, with an honorable discharge he will be able to get employment outside of the military, but he isn't going to gain anything by leaving (ie the benefits).
This guy did the right thing by fighting for what he believed in rather then taking one of the other ways out of the military. I'm much more concerned about the people who WANT to be in the military and are removed from service then this guy.
1. I can't belive more Christians aren't offended by his defense. It is no longer a killing spree over there. We are doing good things i.e. building schools, running power and water lines, helping the less fortunate. I can't believe a "Christian" wouldn't want to be a part of this.
2. God placed many in uncomfortable positions as a challenge (Daniel in the lions den, Noah, etc)they all stepped up and did the hard right over the easy wrong. David KILLED Golioth.
3. Where would we be if Jesus would have had this guy's lawyer? He wouldn't have had to die on the cross for us, he could have just walked away.
4. His astounding faith should make him want to go. He has the opprotunity to go and help the less fortunate and if he has to pay the ultimate sacrifice he gets to go to heaven a little sooner than expected. Now what Christian wouldn't want that?
No wonder he's from Oregon
Graceless, you stated that this is a "going-no-where "war"." Have you been there? Do you know of all the good and positive things that are being done over there? Let me guess, you are one of these boohoo liberals that run there mouth about things that they have no clue about. Fighting for free speech and our rights is being fought everyday. I say pick up your weapon and strap on your boots and do a tour of duty in theater and see what it is like...i triple dog dare ya! Come see for your self what is being done for others.
As far as this clown goes, make him go, maybe he will get caught up in some cross fire because he wont shoot back, and we will see what happens to him then. Like i said before, when you have walked the walk, you can talk the talk.
Any military member should generally be allowed to buy their way out of the contract with something similar to an unsubsidized student loan, regardless of reason.
However, letting a person out just because they changed their beliefs severely weakens enlistment contracts which allow for specific performance for good reasons. Members of the military get paid mostly for their contractual obligation to fight in wars, not for what they do in garrison.
hey now i thought i had freedom to speak trash from my mouth.
Seriously though, i am not a "boohoo liberals that run there mouth about things that they have no clue about." nor am i a... lets just say person... that doesn't like anyone with a differing opinion, or perhaps because they didn't experience it firsthand. i know that they appreciate what is being done but that doesn't mean we need to keep our men and women over there being killed while their running a mission trip. all i was trying to say with that statement was that for the US this war is past the fruition point.
Lets see... for the US to pull out of the East... that would be comparable to not finishing a building and just leaving it to crumble and rot away.
Now there are people there that could finish the job fairly well, but unfortunately, with no protection (U.S, military) , the terrorists will "wipe out those in opposition of Allah".
Kind of scary when you do a little research on the terrorists.
we can win in Iraq,
thank you soldiers for serving others,
for a school project, i just finished reading the book, 'wiser in Battle", by Lt. Gen. Sanchez. everyone needs to read this book before forming a concrete (for or against) opinion about the war.
the military has lowered standards to where they are now accepting felons including some sex offenders. this can be found in the Stars and Stripes paper or magazine, last months issue i think. someone brought it to class when we were debating the need to have a draft. this does not really have much to do with being a conciencious objector except just shows the kind of people getting into the Army now. my dad is an Army Officer and he says we have to have a draft if we are going to commit to these real long wars and occupations.
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