Joel Klimkewicz Wins Discharge Upgrade

[Stan]

United States: Adventist, Non-Combatant, Joel Klimkewicz Wins Discharge Upgrade

February 9, 2006 Silver Spring, Maryland, United States .... [Mark A. Kellner/ANN]

Joel David Klimkewicz's, "bad conduct" discharge from the U.S. Marine Corps was upgradedt to a "general discharge."

Joel David Klimkewicz, who received a "bad conduct" discharge from the United States Marine Corps because he obeyed his conscience and refused to pick up a weapon, won a victory that could let him return to the armed forces in the future. In a 3-2 vote, the U.S. Naval Clemency and Parole Board decided to upgrade Klimkewicz's release from the service to a "general discharge."

Klimkewicz was a combat engineer with the 2nd Combat Engineer Battalion, with headquarters at Camp Lejeune, North Carolina and was convicted in December of 2004 on a charge of refusing to obey an order from a commanding officer who asked that the Marine pick up a weapon.

Klimkewicz, whose military performance and personal life underwent a drastic and positive change after a Christian conversion, joined the Seventh-day Adventist Church in October 2002, then re-enlisted for another tour of duty. After that time, the then-lance corporal learned that non-combatancy is the church's recommendation, and, upon personal reflection, came to the conclusion that he could not take up a weapon to kill another person. He then asked for assignments where he could serve without carrying a weapon, volunteering, for example, to work on clearing landmines in Iraq.

The Marine Corps refused his request, culminating in the court martial that reduced Klimkewicz's rank, led to a bad conduct discharge, and a felony conviction record following a seven-month jail sentence. He was released from the brig at Camp Lejeune, North Carolina, after about three and one-half months behind bars, during which time he held Bible studies for other inmates.

Other appeals to upgrade his discharge and overturn his conviction can continue.

Today, Klimkewicz is a student at Southern Adventist University in Collegedale, Tennessee, living there with his wife, Tomomi and their young daughter. He hopes to eventually become a chaplain in the armed services. Mrs. Klimkewicz, a native of Japan, joined the Seventh-day Adventist Church along with her husband, and was helped by local church members in North Carolina during his imprisonment.

"I'm not a conscientious objector," he told Adventist News Network in April of 2005. "I'm a conscientious cooperator; I don't object to serving my country."

With an estimated 14.3 million members and approximately 114,000 congregations in 203 countries and areas of the world, the Seventh-day Adventist Church has long advocated nonviolence and peaceful solutions to conflicts. The church supports noncombatancy for its members who serve in the military, but leaves such decisions to individual members.

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[Gregory Matthews]

Yes, this is a good stop.

However: He is a convicted felon.

Justice will not be servied until his felony conviction is overturned.

Is the SDA Chruch going to continue to attempt to overturn his felony conviction? Or, are they going to leave him as his is?

[Tom Wetmore]

It is my understanding that the appeal of his felony conviction is still pending. He is receiving assistance from several sources, including the church, for this appeal.

Tom

[Dr. Shane]

Quote:

---

He then asked for assignments where he could serve without carrying a weapon, volunteering, for example, to work on clearing landmines in Iraq.

---

He did our faith well here. It should not be thought by anyone that Adventists that are conciencous objectors are corwards. It should be noted that clearing minefields is within the scope of a combat engineer's duties so he wasn't asking to change his ocupation.

When an Adventist chaplin requested my commander to give me Sabbath free he volunteered me to pull double duty on Sunday in exchange. That is the spirit of the Adventist serviceman.

I was eventually transferred into the IRR because of Sabbath conflicts but they busted me down to an E1 from an E4 in the process. I did, however, recieve an honerable discharge.

[Gregory Matthews]

To put this in perspective:

The United States Marines does not have any posiiton in which one can serve as a Marine, and not be an armed combatant, prepared to personally kill the enemy.

I will note that some years back they were forced to take some non-combatants as Marines. Those SDAs, and others, who were forced into that situation had a very bad time of it.

It should be understood that the fact that Joel was willing to clear mine-fields (A very dangerous position) did not make him a non-combatant. In the Marines such personnel are still required to train with weapons, and be prepared to enter into armed conflict with the enemy.

I clearly fault the Marines for the decisions that they made about him. But, I msut say that from their perpective they did not have a position for him in which he could continue to serve and not carry and use weapons.

Where they went wrong is in failing to discharge him. They could have done so. The law and regulations supported their doing so.

As I have stated previously, and Tom has commented upon, I wish that the Church, in support of him, had placed an attorney on the team who had a strong background in military law, to include the aspects of conscientious objector issues.

[Tom Wetmore]

Important Point of Clarifcation...

I misunderstood the information I had on this and have since discussed this further with my colleague Mitchell Tyner who has been directly involved in the matter. The felony conviction has been overturned. The change of Klimkewicz's discharge to a general discharge was the result of that fact. What remains pending of the appeal are several more technical issues, but with less serious personal and immediate consequences to him.

Sorry about the confusion...

Tom

[Gregory Matthews]

Wonderful.

PLease give us more information, as you can.

While I realize that you may not be able to give us, at this point of time, some information, your surely can give us the details regarding his felony conviction which is a matter of public record. E.g. How was the felony conviction overturned? As a retired military commissioned officer I could speculate on a couple of possible answers, but I prefer not to speculate.

Thank you for the good news.

[Gregory Matthews]

Re: General Discharge

With the overturn of his felony conviction, Joel has had his civil rights restored, in no longer a felon, and can be assumed to have eligibility to VA benefits.

While a General Discharge is not the best catagory of discharge, it is a good one. There are clearly much worse. This news is a very great blessing.

[Gregory Matthews]

Tom, would you please clairfy your statement that his felony conviction has been overturned.

The REVIEW is reporting this week that attempts are still being made to overturn his felony conviction.

Is is possible that the Board's decision to upgrade his BCD discharge to a General Discharge, has been misunderstood as overturning his felony conviction? This is a misunderstanding that sometimes occurs among people who do not understand the military legal system.

In light of the public announcement this week made by the REVIEW, I ask for clairfication.

Thanks,

Gregory Matthews

[Gregory Matthews]

Re: "As I have stated previously, and Tom has commented upon, I wish that the Church, in support of him, had placed an attorney on the team who had a strong background in military law, to include the aspects of conscientious objector issues."

I wish to clairfy the above statement that I previously made:

Within the past few days, I have had contact with an infomed person, individually connected with this case. On the basis of my conversation with that person, I now believe that Joel had excellent, informed legal help by a very well qualified attorney. I withdraw my previous comments that suggested that he did not.

It has also been stated that his felony conviction has been overturned. I have questioned that statement.

On the basis of my conversation with the informed person, I continue to hold to my position that Joel remains a convicted felon, as his court-martial has not been overturned.

However, the legal process is continuing. A well qualified legal team continues to work to overturn his conviction. But, that has not yet been accomplished.

Here are some new facts that have been brought to my attention, by my informed source.

Joel remains an active-duty member of the United States Marine Corps, who is serving without duty, and without pay. As a result of this, he is able to attend Southern Adventist University, and study for the ministry. This situation is due to the fact that his felony conviction is under appeal.

The result of Joel continuing to be a US Marine, even though he has neither duties, nor pay, is that he and his faimily remain eligible for such other benefits that accrue to active-duty members, and families in the Marine corps. Among these benefits are full medical care for he and his family.

It is apparent to those who are better informed about this case than has been publicly revealed, that God is still in charge, and that God has worked in this case, in multiple ways, to provide, before the needs were known, for an individual who at great personal cost took a firm stand for what he believed was right.