Refusing to Redeploy: My Story

On Monday, I scored a small but significant victory for the peace movement, for troops and civilians all over the world, and for myself: I faced the military for my refusal to deploy to Iraq and walked away a free man with a general discharge from the Army's Individual Ready Reserve.

This does not affect my discharge from Active Duty Service, however, which is the term of enlistment from which my G.I. Bill derives. My benefits remain mine, and I will use them to continue my education, something I believe all people should have an inherent right to -- without fighting in anyone's army.

At the hearing on Monday in St Louis, Missouri, I was accompanied by my three JAG attorneys, my civilian representation, James Branham; and by Prof. Marjorie Cohn, the President of the National Lawyers Guild, and my mother Patricia, both of whom testified on my behalf. The hearing was also attended by Mike McPherson, Executive Director of Veterans for Peace, Bill Ramsey, of St. Louis Instead of War, and Alexandra, my girlfriend.

My eyes were glued to the panel of officers I was facing, the whole time. I looked those officers in the eyes, and I could see the humanity in each of them. I don't know if they agreed with me, but there was humanity; their hearts and minds were open.

The prosecution opened the proceedings by reading a list of when they sent me the call-up, when I contacted them in Feb. 2008 and asked for a delay to finish a semester of school I had just paid $4,500 for. They tracked when they issued me several delay orders until the final orders for me to report back for active duty on June 15th -- Father's Day last year. They tracked when they sent me several failure to appear notices and when they finally initiated the discharge process against me.

After this, they showed the YouTube video of my refusal to deploy after a hearing of former, and some still active duty, soldiers and marines on Capitol Hill last year. They followed that with excerpts of the speech I gave on the front porch of a rowhouse in northwest DC, where Iraq Veterans Against the War (IVAW) activists lived at the time, on Father's Day last year, the day I was supposed to report. Then followed a Democracy Now interview I did the day after.

They questioned a young Captain about the paperwork process, and then they called me to testify.

I thought I'd be more nervous than I was, but I very much felt relieved. You know, there's all kinds of nifty ways to communicate now-a-days, and maybe call me old-fashioned, but there's nothing like looking someone in the eyes and telling them what's in your soul. And I bared it for those officers with humanity in their eyes.

I told them I believe that the war in Iraq is illegal, and that as a soldier, I thought it was my responsibility to resist it. I told them I was originally planning on deploying, despite my belief that the war is illegal, but that after I was exposed to Winter Soldier, Iraq and Afghanistan, in March last year, I found clarity. And I found courage.

We submitted the Winter Soldier book, as well the IVAW-produced Warrior Writers book for the record as exhibits -- to be referenced by future panels of officers taking part in hearings like mine.

The officers asked me why I thought the war was unconstitutional, and I pulled the copy of the Constitution that I carry with me from my back pocket. I read from Article 6, Paragraph 2, the Supremacy Clause. The prosecution objected, insisting the document was irrelevant.

After much deliberation, the lead council of the board, a civilian lawyer, shut down debate and said the board wouldn't hear the constitution, and that questioning should continue.

So I said fine, I can just quote it, and I quoted, "this Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land."

I said when we violated the U.N. Charter to invade and occupy Iraq and Afghanistan, we had violated U.S. law and the Constitution, and that it is every Soldiers' responsibility to resists the crimes of our government for which we are ultimately responsible.

I focused upon the eyes of each board member as I spoke. I told them I was there because they needed to know that we are not cowards, and we are not traitors, but people who are dedicated to doing what's right.

Startlingly, they stared back at me with no disgust in their eyes. They heard me, and they considered what I said. They didn't smile, but then again, they did not threaten me. They listened. And as I spoke and the words rolled off my tongue, I felt a heavy weight lifted from me. I suddenly felt the solidarity of millions there in the room with me.

I thought of Franz Jägerstätter, an Austrian citizen who refused to fight in Hitler's army. He was decapitated after the authorities had exhausted every avenue of opportunity to get him to accept some form of duty, even if without a weapon.

I thought of those brave GIs in Vietnam who stood against the system, who worked to prevent the victimization of their brothers and sisters by resisting the genocide. Many went to jail. One was shot and killed while trying to escape.

I thought of my brothers and sisters in IVAW, those who realize the humanity in us all deserves to be respected beyond what the military has trained us to think.

In her testimony, Professor Cohn gave the most thorough, detailed, understandable and spot-on breakdown of the illegalities of the wars in both Iraq and Afghanistan I've ever heard. She focused on the U.N. Charter, the Geneva Conventions, the Nürnberg Tribunals, U.S. Federal and Constitutional law and the Uniform Code of Military Justice.

When my mother testified, she recounted the last thing I said to her in July 2002 before I got out of the car to catch a ride to basic training: "I have to go be a grown-up now." I had no idea what I was getting into.

My lead attorney told a story of his father, a retired sergeant major. He said he was shocked to learn one day that his father supported Mohammad Ali's decision to refuse deployment to Vietnam, despite the fact that he had done two tours himself.

His father told him that he disagreed with Ali's decision but had respect for any man who would stand up for what he believed in and be held accountable by his own will. His father told him this is what it means to be honorable. "Sgt. Chiroux is an honorable man," said my attorney. "He could have stayed home. He's here. He's a man of honor. He deserves an honorable discharge."

After deliberation, I was found guilty of misconduct for refusing to deploy to Iraq. The panel recommended I be given a general discharge from the reserves under honorable conditions.

I left the building with the biggest smile I've had for years. I feel truly vindicated. My ass is mine, and so is my soul. Maybe the decision can be overturned in time, but at least on Monday, they got the principle right.

Later that same afternoon, I testified at Winter Soldier in St Louis and spoke of long moments in my life which have remained mere shadows for years. I'll tell you about them tomorrow.

Comments

[brandnewstuff]

I am glad this male got to walk away- This is a stupid WAR based on historical lies, failed logic and killed people all over the globe.

[skyshoes]

My old man was in a commando unit that was "asked" to volunteer to kill Tito during WWII. He refused, some Stalinist had put in a "request". I didn't know you could do that.

During the Vietnam slaughter I applied for conscientious objector status. Kids were maiming themselves, going to a war they hated or leaving for Canada.. A catholic kid, I was told there was no way, you had to be a Seventh day adventist or Quaker or something along those lines. I based my treatise to the very aggressive draft board (they needed fodder bad in 1970) on "Thou shall not kill" (pretty basic) and Jesus' sermon on the mount (how to deal with your enemies). Eventually the majority of Americans became conscientious objectors years and thousands of lives later.

I told my friends about Bush, the Bush family, the Bush coda, the Republican mantra. Stupidity and ignorance reign. Read a book, stand up for yourself.

it is economics now. Kids are being enticed with (over priced) education, huge re-up bonuses, and cradle to grave offers that no (civilian) gets, home loans, medical treatment to join up. Our economy is in the hands of failed bankers and bumbling politicians. Enlistment numbers are rocketing. Run Forrest RUN......

[propitiousmoment]

Thank you for your courage, and for telling your story. If more soldiers would stand up for what is right, perhaps our leaders would think twice before sending them off to die for ill-gotten military contractors' profits. I applaud you for this, and I hope you make national headlines.

[IntellectuallyHonest]

Maybe we could change 'if more soldiers would stand up for what is right' to 'if more leaders did the right thing.'

[propitiousmoment]

If nobody was willing to go fight there wouldn't be any wars.

[Primadonna]

It is a very personal and courageous choice to stand up for your convictions. I commend you for not blindly going into this unlawful war and for pursuing justice for the repercussions of your choice. Congratulations on your win.

[AlwaysConservative]

My great grandfather came to the United States from russia. Right away after just a few weeks here he joined the military to serve in WW1. He served and survived that vicious war. My grandfather was in the Philpines and survived the death march. The only time i seen him cry is when he had told me the stories of what he had to do to survive. He had seen his best friends head come off from a passing jappaneses truck when one of the solidiers put out his sword. I am telling you this because of the many that came before this young man who decided he didn't want to fight for this country. I do not hold this against him. He has to live with this for the rest of his life. I hope this country never forgets the people that came before and the many sacrafices they did. I think many people have forgotten the past. We need to remember and not forget the many like my grandfathers and the many heros that died not only for his country and for many around the world. I love this country and all the people here. I don't always agree with many but i look to the good and try to forget what i don't like. This country we live in is very special and the people here are like no other. We need to come together again.

[rjdemont]

What about your brothers/sisters in arms that you left hanging?

[itsmekim]

You're either a fool, or a tool. Or, as I suspect, both.

[llisa]

When our oldest daughter was going to college in 1999, she wanted to join ROTC to help defray the costs. We talked her out of it. We are still paying off the college loans, but I don't care.

I have a young cousin who has been deployed to Iraq 3 times. Just before he went back for the 3rd time, i saw him and he had no light in his eyes. He mumbled. He seemed to drag himself around with great effort. I would not have known him in the street. He was a broken man.

Several co-workers' and friends'' kids have been Stop-lossed (is that how you say it?). They thought they could finally get back to their lives and were dragged back again and again.

And those who are home are not getting the care they need for injuries and emotional problems. Their lives are wrecks. There have been several divorces. And these are just people I know.

How many lives have to be destroyed, or at least altered beyond recognition, for Bush's illegal war?

I hope Mr Chiroux will now put his experience to good use by getting the word out to other soldiers that they do not have to allow their lives to be destroyed. Help them find good representation. Our government has a record of not standing by its soldiers. Why should its soldiers give their all for our government?

[gayinmt]

I had a friend who did one tour in Iraq. He's never been the same. He's pretty much sad and drunk all the time. It's really depressing knowing there's nothing I can do for him. He won't talk about his time there, and I don't think I'd be able to listen anyway.

[nicole44]

Here is a problem I see... Do people not realize when they join the army that they cannot pick and choose what they fight for and what they dont? I mean you have to know that even if you sign up in a time of peace that anything could happen. My heart goes out to the people that signed up on Sept 10 2001 or before but to think that they were only in it for the free ride to college is, well, a dumb move on their part. I respect your right to disagree, but this is not a buffet style career. You knew what you were getting into when you signed up. You sign a contract for a certian amount of time and thats that. I think that our troops who enlist are the bravest people in the world and hold them in the highest regard because frankly I don't know if I could ever do what they do for that simple reason, you never know when you will be called to duty. So refusing to serve, and I know that there are many different circumstances (I'm talking about the people that think they can pick and choose when to fight and those that jsut wanted a free ride to college), in my opinion is a terrible crime against your country and should receive a dishonorable discharge if not a more severe punishment.

[nicole44]

Just a side note I was not specifically talking about this blogger, just a lot of what I have heard and witnessed.

[BassMonk]

I would suggest reading the UCMJ. Service members have a responsibility and duty to refuse to carry out unlawful orders. It's not a matter of picking and choosing. It's a requirement.

[knosiswar]

It ain't about picking and choosing, it's about Right and Wrong, and as Americans, we preach were right, and Good Americans practice what they Preach.

Also, you cannot enter into a contract that is ILLEGAL, nor can you be required under any contract to perform an illegal act. The invasion and aggression against Iraq, rightly or wrongly ( I believe wrongly considering the cost and the duplicity in dealing with China), was illegal, and therefore, a contract that can never could be inforced.

[mmmd]

The only problem I see is most people sign up to serve their country, not to serve warlords like we have seen in the past years.

[BobLablah]

I think everyone has a universal right to cable TV so go ahead and steal it if your want.