Asylum Denied To Army Deserter

Canadian Gov't Reached Decision In Case Of Spc. Jeremy Hinzman

(CBS) 
The first deserter to face the Canadian refugee board is likely to be Spc. Jeremy Hinzman of Rapid City, S.D. He joined the military in Jan. 2001, and was a paratrooper in the 82nd Airborne.

He wanted a career in the military, but over time, he decided he couldn’t take a life. "I was walking to chow hall with my unit, and we were yelling, 'Train to kill, kill we will,' over and over again," recalls Hinzman. "I kind of snuck a peek around me and saw all my colleagues getting red in the face and hoarse yelling -- and at that point a light went off in my head and I said, 'You know, I made the wrong career decision.'"

But Hinzman said he didn’t want to get out of the Army: "I had signed a contract for four years. I was totally willing to fulfill it. Just not in combat arms jobs."

While at Fort Bragg, Hinzman says he filled out the forms for conscientious objector status, which would let him stay in the Army in a non-combat job.

While he waited for a decision, he went to Afghanistan and worked in a kitchen. But later, the Army told him he didn’t qualify as a conscientious objector, and he was ordered to fight in Iraq.

Hinzman decided to take his family to Canada, where he’s been living off savings accumulated while he was in the military.

Wasn't he supposed to follow orders? "I was told in basic training that, if I'm given an illegal or immoral order, it is my duty to disobey it," says Hinzman. "And I feel that invading and occupying Iraq is an illegal and immoral thing to do."

"But you can't have an Army of free-thinkers," says Pelley. "You wouldn't have an Army."

"No, you wouldn't. I think there are times when militaries or countries act in a collectively wrong way," says Hinzman. "I mean, the obvious example was during World War II. Sure, Saddam Hussein was a really bad guy. I mean, he ranks up there with the bad ones. But was he a threat to the United States?

Still, isn't it worth fighting to free the people of Iraq? "Whether a country lives under freedom or tyranny or whatever else, that's the collective responsibility of the people of that country," says Hinzman.

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Hinzman and the other American deserters have become celebrities of sorts in the Canadian anti-war movement.

Only a few of the reported 5,500 deserters are in Canada, but House says he's getting more calls from nervous soldiers all the time.

Wouldn't the right and honorable thing for deserters to do be to go back to the United States, and turn themselves in to the Army?

"Why would that be honorable?" asks House. "(Deserters signed a contract) to defend the Constitution of the United States, not take part in offensive, pre-emptive wars. I don't think you should be punished for doing the right thing. What benefit is there to being a martyr? I don’t see any."

Hinzman began his hearing before the Canadian Immigration and Refugee board last Monday. But there's no telling when he'll find out if he'll be allowed to stay in Canada -- or be sent back to the United States to face the consequences.

The maximum penalty for deserting in wartime is death. But it's more typical for a soldier to draw a sentence of five years or less for deserting in wartime.