THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, March 19, 1996 TAG: 9603190321
SECTION: FRONT PAGE: A2 EDITION: FINAL
DATELINE: WASHINGTON LENGTH: Short : 32 lines
An Army medic slapped with a bad conduct discharge for refusing to wear U.N. insignia on a peacekeeping mission to the former Yugoslavia should instead receive an honorable discharge, his attorneys told a federal judge Monday.
Lawyers representing Spc. Michael New argued that the 22-year-old Texas soldier no longer falls under the jurisdiction of the military justice system because he involuntarily returned to civilian status when given an unlawful order by his commanders. Therefore, New must turn to the federal courts for relief, they said.
But a government attorney said New, who remains on duty in Germany pending disposition of the court-martial, retains avenues of appeal within the military courts.
New is the first American serviceman court-martialed for refusing to accept foreign command on a U.N. operation.
He refused to supplement his uniform with a U.N. patch and headgear when ordered to do so in advance of a peacekeeping mission to Macedonia last October. New said he had sworn allegiance to the U.S. Constitution, not the U.N. charter. by CNB