Military prosecutors contend that Benderman had an obligation to report to Iraq while his conscientious objector application was pending. They say Benderman refused to report to avoid hazardous duty, and thus deserted. Benderman says his prior experience in Iraq had a profound impact on his moral assessment of his military service.

Benderman had already served one tour in Iraq during the 2003 invasion. He says what he witnessed there — a young girl clutching a badly burned arm, dogs feeding on corpses in a mass grave and Iraqi civilians drinking from mud puddles — left him morally opposed to returning to war.

The Army Conscientious Objector Review Board denied Benderman's application in April on the ground that he "did not present convincing evidence." The commanders at Fort Stewart plan to move forward immediately with a new Article 32 hearing.