No courts-martial for 23 Army reservists

By PAUL GARWOOD
The Associated Press

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BAGHDAD, Iraq — None of the 23 Army reservists who refused a mission transporting fuel along a dangerous road in Iraq will be court-martialed, the U.S. military announced yesterday.

Instead there will be less severe punishments, such as extra duties or reduction in rank. Refusal of orders during a time of war can be punished by death, discharge, forfeiture of pay and benefits or confinement.

The reservists from the 343rd Quartermaster Company, all of them from the Southeast, are being disciplined for failing to follow orders under Article 15, which means no court proceedings will be held and the identities of the soldiers involved will not be released, Lt. Col. Steve Boylan said.

The commander of the company was relieved of her duties after the incident.

The soldiers failed to report on Oct. 13 for a mission to transport supplies from Tallil air base near Nasiriyah to Taji north of Baghdad. They said they balked because the vehicles were in poor condition and did not have armor. They also said complaints to their commander went unheeded.

"They felt they didn't have the proper equipment to do the mission they were ordered to do and are being disciplined for failing to follow orders," Boylan said.

Other soldiers carried out the supply mission, the military said.

Boylan said 18 of the soldiers had been punished and the others would face reprimand this week.

The father of one of the reservists said he expected his son to receive a pay cut and a reprimand.
 
"This was about as lenient as possible. I think it's fair," said Rickey Shealey of Quinton, Ala., whose son, Scott, 29, is a private with the unit. "I'm glad it's over with. I don't care if he comes back as a private or a general. I just want him to come back."

Brig. Gen. James Chambers, commanding general of the 13th Corps Support Command, which manages the provision of fuel, food and ammunition across Iraq, decided to deal with the reservists under Article 15 proceedings rather than by courts-martial based on "evidence and recommendations," Boylan said.

Boylan declined to comment on the quality of the evidence.

Military investigators found that some of the complaints raised by the soldiers, including concerns over vehicle maintenance and protection, were credible and actions were taken to address the issues.

U.S. convoys are regular targets for insurgents, who have used roadside bombs and ambushes to deadly effect on the country's roads and highways to try to derail U.S.-led reconstruction efforts.

Boylan said the unit "has not taken any casualties in the 10 months they have been here."

Boylan said the soldiers were expected to remain in Iraq until their 12-month tour of duty ends in March and most were continuing to perform the same duties.

Material from Reuters is included in this report.