West Point Graduate Sues Army For Discharge As Conscientious Objector

Captain Brown graduated from the US Military Academy at West Point in 2004, and is currently stationed in Iraq, where he has been temporarily assigned to non-combat duty. Brown comes from a religious family, but had not felt the conflict between his faith and military service until after his graduation, when he attended a civilian religious education center in Holland and began to examine Scriptures and his beliefs in greater depth. After nearly two years of study, prayer, and reflection, Brown came to believe that Jesus “taught that I should bless those who curse me and not fight back against evil with force…. I am supposed to love everyone. Killing others is not loving them. And I am even supposed to love our enemies.” Captain Brown applied for discharge from the Army as a conscientious objector. His conscientious objector application emphasizes that he is religiously opposed to participation in all war and killing, not just to the current War in Iraq.

Captain Brown is represented by the New York Civil Liberties Union — he was stationed in New York before shipping to Iraq — and the American Civil Liberties Union of the National Capital Area.

“The NYCLU and the ACLU have long fought for the protection of religious freedom — including the religious freedom of Christian pacifists and other conscientious objectors in the Army,” said Donna Lieberman, NYCLU Executive Director. “Captain Peter D. Brown is entitled to recognition as a conscientious objector because his religious beliefs do not allow him to kill or support the killing of other human beings.”

The Army chaplain who interviewed Brown found his religious beliefs to be sincere, and the Army’s own Investigating Officer agreed and recommended that Brown be discharged as a conscientious objector. A retired senior Navy chaplain, the Rev. Dr. Bernard R. Wilson, also interviewed Brown and reported that his “convictions are sincere and that he now holds these convictions deeply with all his heart, mind and soul.” Captain Brown also had the support of a retired senior Army chaplain, who recommended that he be discharged as a conscientious objector. The chaplain member of the three-officer decision making Army Board voted that he was sincere and should be discharged as a conscientious objector. But he was out-voted by the two other officers on the discharge board.

Civil Liberties Union cooperating attorney Deborah Karpatkin explained that federal law and Army regulations require discharge from military service of individuals who, after their service begins, show that they have become conscientiously opposed to participation in war in any form, that their opposition is founded on religious training and belief, and that their position is sincere and deeply held. “Captain Brown has shown that he is a deeply sincere conscientious objector because of his religious training and beliefs. He meets all the legal requirements for recognition as a conscientious objector and is entitled to immediate discharge from military service,” she said. “The Army violated his rights by failing to do so.”