Apr 18, 8:50 PM EDT
Army Medic Serves Sentence for Desertion

By DAVID RISING
Associated Press Writer

BERLIN (AP) -- A U.S. Army medic who refused to return for a second tour to Iraq was released from a military prison in Germany on Wednesday after serving a sentence for desertion, the U.S. military said.

Specialist Agustin Aguayo, 35, was convicted at a court martial in March of desertion and other lesser charges and sentenced to eight months in prison, well short of the possible maximum of seven years, in a case that has become a cause for peace activists.

With credit for time already served, he spent less than six weeks behind bars before being released, said U.S. European Command spokeswoman Lt. Col. Elizabeth Hibner.

Elsa Rassbach, whose anti-war group American Voices Abroad has assisted Aguayo, said his release was bittersweet.

"Even though he's free, the decision against him was unjust in our opinion, because he is a legitimate conscientious objector,," she said.

Neither Aguayo nor his Frankfurt-based attorney could immediately be reached for comment.

Aguayo was born in Mexico and holds dual Mexican and U.S. citizenship. The father of two said he joined the Army in 2002 to earn money for his education and never exected to to serve in a battle zone.

Aguayo, who was with the 1st Infantry Division's 2nd Brigade Combat Team, served a year as a combat medic in Iraq after the military turned down his conscientious objector request. A U.S. federal court also rejected the claim.

Faced with the prospect of redeploying to Iraq, Aguayo fled his base in Germany. He later turned himself in.

In court, Aguayo said his convictions led him avoid returning to Iraq.

"I respect everyone's views and your decision, I understand that people don't understand me," he told the judge. "I tried my best, but I couldn't bear weapons and I could never point weapons at someone."

In addition to the prison sentence, the judge ordered that Aguayo be reduced in rank to private, forfeit his pay, and receive a bad conduct discharge.

Ellie