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MCN Legal Fund
Current Case: Agustin Aguayo Most COs in Iraq have encountered hardship and, in due course, face bitter disappointment. Agustín Aguayo has experienced it all! Returning in February 2005 after a year of service in a war zone as a medic, he decided to take his struggle for separation as a CO to the next level. More than a year later he's still fighting to get a CO discharge. At the beginning of his deployment to Iraq February 2004, Agustín submitted his CO claim. Five months later it was denied by the Department of the Army Conscientious Objection Review Board (DACORB). On August 5, 2005, Agustín Aguayo filed a case in Federal court (Writ of Habeas Corpus) challenging military custody on the grounds that his application for discharge as a conscientious objector had been wrongfully denied. On October 20, 2005, the court granted a joint motion to stay the case and ordered the DACORB to review the case again, on remand. On January, 2006 (after many delays) the DACORB once again denied his claim and did not bother to tell him until March 6, 2006. Because the Army's denial is in violation of its own regulations on March 13, 2006 an amended Writ of Habeas Corpus was filed. Now, once again Agustín and his family are facing the daunting trial of appealing his case to a federal court. It won't be easy. This process, thus far, has been lengthy, expensive and full of uncertainty. However, the Aguayos are committed to see this through. This entails a minimum commitment of $12,500 investment for court and lawyer expenses. The total money raised so far is $9100. It is expected that the case will be over by the end of June, 2006 although this is not a done deal. It will be emotionally challenging for Agustín, Helga and their two children, who have already gone through so much; stress of separation through Agustín's deployment, harassment for Agustín in Iraq, isolation for Helga at the base in Germany, the disillusionment of having his claim rejected twice and now a pending second deployment. Agustín's unit is preparing for a second deployment to Iraq sometime in May or June. If he is denied a third time he will be required to continue to serve in the United States Army. Then, he will have to choose between participating in the military or following the deeply-held beliefs which guide his life.
Agustín and Helga desperately need your financial and emotional support in the coming months. We want to stand behind them in the months to come and help organize broader support for their pursuit of recognition for CO status in a time of war. We are seeking the support of individuals, organizations and churches. Please have the Aguayos in your thoughts and prayers! To email them directly: helgaaguayo@aol.com
Additional information on Agustín: |
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