Anchorage Daily News

A Fort Richardson-based paratrooper who had his request for conscientious objector status denied by the U.S. Army while serving in Iraq last year appealed that decision in an Anchorage federal court on Monday.

The motion by Pfc. Michael Barnes, who served as a radio operator in the 4th Airborne Brigade Combat Team, marked the first such case in Alaska since the war in Iraq began.

A decision on whether to allow the appeal to proceed to a civilian hearing in U.S. District Court is expected to be issued this week by federal Magistrate John D. Roberts.

Barnes, 26, didn't testify during the hourlong hearing while sitting alongside Anchorage attorney Sam Fortier. But in paperwork filed with the court, he declared that his Christian faith -- which crystallized and evolved 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."

Born and raised in Portland, Ore., Barnes was baptized at New Hope Community Church in Portland in 2001.

INCONSISTENT BEHAVIOR

In denying his request -- along with Barnes' petition to be honorably discharged by the military -- the Army Conscientious Objector Review Board in Alexandria, Va., in September ruled that he 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.

Neither U.S. Attorney Richard Pomeroy nor Maj. Josh Toman, both of whom represented the U.S. government, were present at the hearing. But both testified by telephone in opposition to the appeal. Toman reiterated the board's rationale for turning down the request for conscientious objector status:

• That it was at odds with Barnes' previous stated desire to serve in Iraq.

• That the timing of his request for CO status was suspect, coming three months after his deployment to Iraq rather than earlier.

• That 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," Toman said.

GRADUAL CHANGE OF HEART

But Barnes' lead attorney, Steven Collier, addressing the court by telephone from San Francisco, noted that his client did in fact 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.

The purpose of the hearing wasn't to argue the merits of the case but to determine whether the government may have erred procedurally or whether important facts were omitted. Collier said the Army misconstrued the evidence.

"What we've allowed in the record are assumptions and opinions," Collier said. "Facts must be in their record."

Toman questioned why Barnes didn't formally request conscientious objector status sooner than he did, since early on in Iraq he observed soldiers mistreating Iraqis and boasting about taking vengeance. He also noted that Barnes didn't regularly attend chapel services.

Collier said his client's realization that he was morally opposed to warfare came one experience at a time, over the course of three months, and that his faith was a private affair -- he spent much of his time reading the Bible -- which the military tribunal failed to fully credit.

Watching the proceedings in the courtroom were a half dozen representatives of the Alaskans for Peace and Justice organization as well as the soldier's wife, Pearl Barnes, and the couple's two children, Noah, 4, and Kylee, 1.

If the request for a full hearing in a civilian courtroom is upheld, the case will go before U.S. District Court Judge John Sedwick in Anchorage federal court. A final decision is expected by June.

Find George Bryson online at adn.com/contact/gbryson or call 257-4318.

Conscientious objection

A sincere opposition, because of religious or deeply held moral or ethical belief, to participating in war in any form, or to participating as a combatant.

If the objection is to war, the applicant can be released from military service. If the objection is to being a combatant, the applicant can be assigned noncombat duties.

Conscientious objectors

Of the 425 applications for conscientious objector status from 2002-06, 224 were approved.

Army applicants Total applicants

2002 25 56

2003 47 13

2004 53 118

2005 33 82

2006 23 56

Source: U.S. Government Accountability Office

ADVERTISEMENT