Marine reservist and war objector fighting court-martial
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  1. #1

    Cool Marine reservist and war objector fighting court-martial

    Marine reservist and war objector fighting court-martial


    Corps says he was AWOL
    By Brett Martel
    ASSOCIATED PRESS
    10:43 a.m., August 10, 2003

    NEW ORLEANS – A Marine reservist facing a court-martial says he's being unfairly prosecuted for criticizing the military at anti-war rallies and for publicizing his application for conscientious objector status.

    The Marine Corps says Lance Cpl. Stephen Funk faces charges because he went AWOL while his support unit was being mobilized for the war in Iraq.

    A pretrial hearing is scheduled Monday, and Funk's attorney, Stephen Collier, intends to ask the judge to dismiss the charge of "shirking important duty" on the grounds that Funk has been selectively targeted.

    "People go AWOL (absent without leave) all the time and they don't get court-martialed," said Collier, a San Francisco lawyer who has handled military clients since the first Gulf War. "He's a conscientious objector who went public with his beliefs, and that's something that should be respected, not retaliated against."

    A prosecutor is expected to ask the judge to disallow any evidence of Funk being a conscientious objector.

    "We don't care why he didn't show up, we just needed him to show up," said a Marine spokesman, Capt. Jeff Poole.

    Last winter, when war with Iraq was imminent, Funk told his commander he would be consulting a lawyer about his options for leaving the service. He was absent when his battalion from San Jose was sent to Camp Pendleton near San Diego.

    "Funk was the only one who didn't show up when his unit was being mobilized for the war, and he's the only one being prosecuted," Poole said. "They told him: 'You'll be in trouble if you don't show up.'"

    When Funk returned to the Marines, declaring himself a conscientious objector, he was assigned administrative duty, then was transferred to New Orleans, home of Marine Reserve headquarters, where reservists seeking conscientious objector status are sent for processing.

    There are 23 Marine reservists currently seeking conscientious objector status, which soldiers may do if they can prove that during their service they developed deep opposition to all wars.

    Funk, 21, says he joined the Marines because he wanted the discipline but acknowledges now that it was a mistake.

    He also recently made public that he is gay. He thinks he is being treated unfairly because of his sexual orientation, but says that was not an issue in his application for conscientious objector status.

    "I could have just said that I was gay and I would have been gone in three weeks, but it wouldn't have been honest. It's not why I'm opposed to being in the military," Funk said.

    "Certainly, I'm oppressed in the military, but I can deal with that. That's a personal problem. But if I was forced to go to war ... than I would be perpetuating oppression and violence against others," Funk said.

    Poole said the charges have nothing to do with Funk's sexual orientation.

    And while a charge of going AWOL often does not bring a full court-martial trial, Funk's case is not typical, Poole said.

    "Going AWOL when your unit is being mobilized is more severe than doing it during a regular training event" in peace time, Poole said.

    Going AWOL often is punished by loss of pay or confinement to barracks for a short time. If Funk is convicted, he could face up to a year in military prison.

    Funk's lawyer said the charge is not consistent with military practice and makes no sense, because as a conscientious objector Funk would have been assigned to administrative duty anyway, not war preparation.

    Poole said it was not up to Funk to make such an assumption.

    "His job is to follow the rules. His commanding officer told him he'd have to show up, and we'll review any complaints once you show up. That's what we did in all the other cases," Poole said. "His case would have been no different, except he didn't show up."

    http://www.signonsandiego.com/news/m...sobjector.html


    Sempers,

    Roger



  2. #2
    How did this guy ever make it through boot Camp such that we get to this point ?? !!! These cases never cease to amaze me !!

    Seems pretty cut and dried to my mind; Off to the brig for 12-18 months, a DD and gone !


  3. #3
    Why the hell did he join up anyway? Some people are just stupid and in need of being shot!!


  4. #4
    Marine Free Member GunsUp's Avatar
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    He's another one of these people that it's okay to draw all the pay and benefits but can't cut it when it's time to stand up and be counted. Brig time... Nah... Just charge him with a felony, court martial him, DD and kick his a$$ out into the world. He'd be lucky to find employment at McDs....


  5. #5
    The Corps should bring back the drumming out ceremony


  6. #6
    I could go with the above points easily: court martial, DD and a drum out. Seems well deserved in this case.


  7. #7
    Marine Free Member jinelson's Avatar
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    Obviously the Lance Corporal misrepresented his intenions at the time of his enlistment as well as missing movement in time of war which was a very serious charge during my enlstment 1967-1971 and carried up to life in Portsmouth's brig. At the least I agree with 6 6 and a kick. Six months confinement forefiture of pay and allowences and a DD. Does anyone remember blanket parties? What a disgrace to our Corps!


  8. #8
    Marine Free Member GunsUp's Avatar
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    Yeah, a public display of drumming this individual out would probably be a well learned lesson to everyone present about intentionally missing a movement.

    The only time I ever saw something similar to a drumming out was when my dad, an Army 1stSgt, had one of his platoon Sgts arrested in front a of a company formation.

    After a few months of investigation by CID, they had enough info on this guy to charge and convict him of dealing heroin. So, Dad held a company formation, called this E-6 up front and then proceeded the read the charges off to him. When he was done, he turned to the guy and tore off his rank, US ARMY tag, unit patch, and combat patch. He then knocked his hat onto the ground and that's when the CID agents came from the back of the formation and arrested the guy. After that, he didn't have any more problems with drugs in his company. Also, I think the reason why my brother and I were present was as a warning.


    *This was the military of the 70's and in Germany when there were quite a few problems of that nature


  9. #9
    The Court time shouldnt even be waisted send him stright to jail


  10. #10

    Cool Update

    Marine reservist and war objector fights court-martial

    By Brett Martel
    ASSOCIATED PRESS
    4:30 p.m., August 11, 2003

    NEW ORLEANS – A Marine reservist facing a possible court-martial because he skipped training for the war in Iraq will be able to introduce evidence that he is a conscientious objector if he is tried.

    A military judge made the ruling Monday in a preliminary hearing for Lance Cpl. Stephen Funk, who is charged with "shirking important duty" for missing 47 days of training with his San Jose-based unit in February.

    Prosecutors asked the judge to exclude evidence that Funk is a conscientious objector, arguing that Funk was obliged by his own oath to show up for duty when called.

    Capt. Patrick Kerr, a spokesman for the Marines, said the decision was a setback, "but the command is confident the charge of shirking important service is absolutely justified in this case."

    At least 22 other Marine reservists have declared themselves conscientious objectors to war. None of the others are being prosecuted, the Marines have said, because they continued to report for duty while their applications for conscientious objector status were under review.

    Funk's lawyer, Stephen Collier, has argued that Funk is being selectively prosecuted because he attended anti-war rallies, publicly criticized Marine training methods and publicized soldiers' options of seeking conscientious objector status. Funk also has stated publicly that he is gay since declaring himself a conscientious objector.

    Going absent without leave, or AWOL, often is punished by loss of pay or confinement to barracks for a short time. If Funk is convicted, he could face up to a year in military prison and be given a bad conduct discharge.

    Collier, said the ruling Monday could be critical to Funk's defense if the case goes to trial because the government is required to prove Funk intended to skip out on duty of a special or important nature.

    Collier argued that Funk knew it was Marine policy to assign conscientious objector applicants to duties that do not conflict with their beliefs. He said Funk perhaps should have reported for training on time, but had no specific intention to "shirk important duty."

    The Marines argued that the simple act of reporting for training is "important" during war time. The judge decided that argument deserves to be heard at trial.

    Funk said he was pleased with the judge's ruling on Monday, but declined to discuss specifics of the case.

    Collier has asked that the charge against Funk be dismissed. If the judge allows the trial to proceed as scheduled on Sept. 4, then Collier wants access to Marine records and witnesses to determine how many other Marines were AWOL and how they were punished. The Marines have so far refused to provide those records.

    http://www.signonsandiego.com/news/m...sobjector.html


    Sempers,

    Roger



  11. #11
    Phantom Blooper
    Guest Free Member
    This kid was probally a 'FUNK UP' from TD-1! Semper-Fi!! Chuck Hall


  12. #12
    We had a Doctor here in Kansas City that was a member of a reserve army unit at the time of the Gulf War.

    She enjoyed the fact that the government paid for her education, paid her for drill with the army unit and would give her a retirement check at age sixty. But when it was time to go to war, (as a doctor working to save the lives of our troops), she said NO, she would not go.

    What the hel* are these people doing in our military?

    The SGT's and CO didn't know that this Funk kid was a dirtbag?
    I would have thought that the system worked better then that in the Corps! He should have been gone a long time ago!


  13. #13
    A lot of people shold have been gone a long time ago. But in this day and age you cant do a thing untill they DO something.

    Semper Fi,

    Top


  14. #14

    Angry

    What in hades is going on?

    In case some missed this point;
    At least 22 other Marine reservists have declared themselves conscientious objectors to war. None of the others are being prosecuted, the Marines have said, because they continued to report for duty while their applications for conscientious objector status were under review.

    22 other Marine reservists have declared themselves conscientious objectors to war...draw the pay in time of peace but refuse to go to war during a time for war.

    Question will we better off without these Axxholes...
    What in hades is going on?
    Mad as hades in northwest Indiana

    Semper Fidelis
    Ricardo


  15. #15
    What do these people think they are joining or becoming a member of! Whats the difference in that and turning your back on your country? Give all of them a BCD!


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