The Lewis & Clark Military Counseling Project is an Oregon based counseling service operated as a student-collective and a subset of the student chapter of the National Lawyers' Guild. The project aims to (1) counter the military's effort to swindle, coerce, and deceive the youth of America into entering military service; and (2) provide direct counseling and information to GI's attempting to withdraw from military service.
Some things to remember:It's wise to:
get civilian counseling before signing anything you're not sure about.
keep a log when seeking discharge or documenting harassment.
make at least two copies of documents--keep one and send one to one trusted person off-base, such as a counselor, attorney, friend, or family member.
Rumors about automatic discharges after six months or whenever are not true.
In the 1947 Nuremberg Trials, the US government held that there was a duty to resist carrying out crimes against humanity, defined as "murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds."
Congressmembers can conduct inquiries and initiate investigations of the military; an aide in each member's local office is supposed to help constituents with problems with the military. See www.congress.org . Talk to a counselor first to find out how to pursue this option.
GIs have the legal right to:
Consult with a congressional office, civilian counselor or service, or a lawyer about a problem.
Appeal any court-martial conviction, discharge denial, or non-judicial punishment.
Say what you think and feel about the military, and participate in peaceful demonstrations, when you're off-duty, out of uniform, off-base, and in the U.S.A. (DoD Directive (1325.6).
Be protected against racial, sexual, and sexual orientation harassment and discrimination (Articles 93, 134, UCMJ).
Be protected from assault by other military personnel (Articles 93, 117, 120, 124, 128, 134, UCMJ).
Request redress from your Commanding Officer for any grievance (Article 138, UCMJ).
Write a formal complaint against your Commanding Officer if you are not granted redress (Article 138, UCMJ).
GIs do not have the legal right to:
Demonstrate on-base or breach law-and-order anywhere. You cannot take part in anything "when violence is likely to result."
Encourage violence or urge others to violate regulations, disobey lawful orders, desert, or refuse to do their jobs.
Call high government officials names, including "fascist," "thief," "murderer," "tyrant," "fool," or "gangster."
Join a labor union (DoD Directive 1325.6).
Sue the military for damages (Feres Doctrine).
Seeking A Discharge:
You may seek a discharge from the military at any time. Regulations which superior officers are required to follow cover every kind of discharge.
You may be able to get out of the military if:
You are opposed to war in general.
Military life or your assignment creates an unusual hardship for your dependents.
You have a persistent medical or psychological problem which makes military service difficult.
You are gay, lesbian, bisexual, or transgender.
You qualify for another discharge available under military regulations.
Educate yourself first. Talk to the GI Rights Hotline; talk to a civilian lawyer with experience in military law.
For more information:Central Committee for Conscientous Objection
Bring Them Home Now
Center on Conscience & War
Iraq Veterans Against the War
Military Families Speak Out
National Lawyers' Guild/Military Law Task Force
Proyeecto Guerrero Azteca
Veterans for Peace
Code Pink: Women for Peace