Army officer sentenced to four years for desertion after joining the French Foreign Legion.

2014-12-16T09:31:25-05:00

This is an amazing story about mental illness and service. Does the sentence fit the crime? Was it a crime, or self-administered therapy?

http://www.nytimes.com/2014/12/16/us/a-deserter-who-chased-conflict-is-jailed-for-shirking-duty.html?_r=1

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Response by 1SG Michael Blount made Dec 16 at 2014 9:36 AM

2014-12-16T09:36:37-05:00

LTC Private RallyPoint Member - those FFL guys don't play. Whether you're playing with a full deck or not, penalty is the same.

Response by TSgt Joshua Copeland made Dec 16 at 2014 9:50 AM

2014-12-16T09:50:07-05:00

Was it a crime. Yes.

Does the sentence fit the crime. I would have to argue that it does. Here is why. The education at West Point (or any Service Academy) is valued at between 200K to 400K (depending on source and if they include the military training portions). The is felony grand theft since he took the goods (education) without paying for it (obligated service). In NYS on the civilian side, the standard sentence for this is 3-25 years

Looking at desertion as a individual crime, 4 years is light considering the max penalty is death.

Speaking directly to the "self admin therapy", while it may have helped, based on what I have read, he did not seek competent medical assistance. That is akin to saying someone that is really stressed out should be mitigating when charged with drug use because they were "self medicating".

Response by Cpl Charles Vadnais made Dec 16 at 2014 3:25 PM

2014-12-16T15:25:57-05:00

my biggest issue with this is that the prosecution claims he joined the FFL to avoid deployment, but he joined specifically so he COULD deploy. Based on my time in, I can say I understand his sentiment, I knew a LOT of people who were TRYING to deploy and never did. I also have personal experience with depression and the like. I also take issue with them not allowing his mental state to be taken into account. Desertion is desertion, I get that. However the man clearly needed help he felt he couldn't get, i know what that's like and that's a big problem.

Response by SSG Gerhard S. made Dec 16 at 2014 4:03 PM

2014-12-16T16:03:55-05:00

I agree with many of the comments below. This is a situation that is loaded with dilemmas. On the one hand the man DID undoubtedly desert, though his claim is that by doing so he saved his life. Should he be punished for failing to fulfill his contracted duty? Clearly he should. The matter is, then to what degree? There ARE a plethora of mitigating factors in MY opinion. First, It is hard to argue that the military has an extremely poor track record of dealing with the issue of suicide. As accurately addressed by the Lieutenant, there are stigmas in the military regarding such issues, and the likely outcome of seeking treatment would have been the exact opposite of the "therapy" he knew he needed. Another mitigating factor is the fact that he clearly was NOT running away from combat, but, in fact, running toward it, full speed ahead, and clearly with distinction in the Legion. Also, he did so with the full understanding that he would face consequences upon his survival and return. It is my personal opinion that the sentence was harsh, and did nothing to utilize the training and experience gained, or the cost of his West Point Education lost. The Final mitigating factor rests in the fact that he turned himself in, to face his consequences. Clearly, the sentence IS light compared to the other end of the spectrum, but then I believe there are many mitigating factors that warrant an even lighter sentence. I liked his father's idea of a return to Duty, perhaps with a sentence of probation, provided he's willing. I'm sure I'll draw some fire for these opinions... but that's what we do.

Response by SFC Private RallyPoint Member made Dec 16 at 2014 4:11 PM

2014-12-16T16:11:42-05:00

During his court martial, he brought up some great points about how troops are overmedicated and shunned by their units. I wonder if this will open up some eyes to the reality of mental illness and why so many troopers dont even bother seeking help. This article was an interesting read.

Response by SPC Roy Baez-Gordils made Dec 16 at 2014 6:15 PM

2014-12-16T18:15:19-05:00

The Lt. needed help... I can understand where he's coming from. I can say as a leader desertion was not the answer. I give the man credit for joining the French foreign legion . Given the education he received at west point he should be punished for desertion. But also given the opportunity to continue serve to complete his contract. Why waste such a talent he is young physically fit and I believe that he should be given the a second chance .

Response by PO1 Private RallyPoint Member made Dec 16 at 2014 7:10 PM

2014-12-16T19:10:29-05:00

4 years seems like a lot to me. I haven't read much about this other than the original question and several of the comments. obviously, he did desert; however, he didn't run from the fight, and the french are on our side, so its not like he is a traitor. I'm not taking a solid position without more info, but I could imagine charging him for the education expense and give him some credit for time served. but then again, I suppose you gotta do some jail time when you desert... Pretty crazy scenario.

Response by SSG Private RallyPoint Member made Dec 16 at 2014 8:33 PM

2014-12-16T20:33:24-05:00

My issue with it is this.. the judge wouldn't allow his attorney to use his medical records as evidence to back up his claims. If he truly did leave for the reasons he stated, then his medical records could be used to properly handle the situation. If he was in that state of mind prior to going and joining the Legion, then that state of mind could very well return now that he's back.

Second, he left because he WANTED to deploy and it was taking his unit too long. He went to one of our allies and joined one of their organizations.

It's not like he deserted his post IN Afghanistan and sought out the ENEMY... then had 5 ENEMY COMBATANTS traded for his return.. and also got promoted twice and received backpay without ever even having charges brought against him "pending investigation".

Response by MAJ Private RallyPoint Member made Dec 16 at 2014 9:02 PM

2014-12-16T21:02:54-05:00

Now that he's upfront with his condition, hopefully he can get the resources to effectively manage his depression.

Response by SSG Tim Everett made Dec 17 at 2014 9:54 AM

2014-12-17T09:54:03-05:00

I commend him for turning himself in, and I commend him for serving with aplomb in the FFL, but this was deliberate. Whether he was a West Point graduate or otherwise is irrelevant. His rank is also irrelevant because I believe that rules apply to generals the same as they do to privates. This guy swore an oath. He *KNEW* what he was doing was wrong.

This guy broke his oath. Period.

Response by COL Jason Smallfield, PMP, CFM, CM made Dec 17 at 2014 6:06 PM

2014-12-17T18:06:08-05:00

Army Officer, Desertion and French Foreign Legion thoughts:
- Fact. LT Franks deserted from his post at Fort Drum, NY.
- Fact. Desertion is a crime punishable by death IAW the UCMJ.
- Fact. LT Franks graduated from West Point in 2008 and was required to serve in the US Army for a period of years (varies class by class) as repayment for the cost of his education. Generally 5 years. LT Franks only repaid the Army for about 1 year of his commitment.
- Why LT Franks deserted (he says suicidal thoughts) is a matter of extenuation and/or mitigation. It does NOT go to whether he is guilty of the crime of desertion or not.
- Receiving a four year sentence when he could have received death for desertion in a time of war and when he owed about 4 more years of service due to his graduation from West Point is more than reasonable. I would argue lenient.
- The article does not stated but I would argue he should be forced to repay the cost of his education in addition to his four year prison term.

Response by CPT Jack Durish made Dec 18 at 2014 5:38 PM

2014-12-18T17:38:55-05:00

It's hard to respond to this question without more information. My problem is that I believe his mental state should serve in mitigation of the crime or, at the very least, the punishment. Possibly it has. I don't know what the maximum penalty for his crime might be and that four years is a relatively light sentence. However, inasmuch as the judge refused to allow testimony regarding his mental state, I am guessing that it wasn't a consideration. Also, without further information, it is impossible to guess why the judge refused to admit the medical testimony.

Forgive me if this sounds as if I am making light of the case (I'm not) it seems the French were greatly satisfied with his service and, given his version of the story, it seems that he might wish to return to continue his career in their service. If so, maybe the French would be willing to reimburse the US for the lieutenant's West Point education inasmuch as they have reaped the benefit of it.

Response by LTC Private RallyPoint Member made Dec 19 at 2014 1:02 PM

2014-12-19T13:02:34-05:00

@DoctrineMan!'s take on LT Franks' sentence for desertion and conduct unbecoming. DM! makes the case that LT Franks should be returned to service in the Army, even if he must be made a PV1.

LT Franks has good experience, and is, on good authority, a helluva fine soldier. But we don't need fine Soldiers who desert. We need impeccable Soldiers who represent all of our Values constantly and simultaneously.

https://medium.com/@Doctrine_Man/hidden-scars-47ed99da8af5

Hidden Scars

The Strange Case of a Military Deserter

Response by LTC Paul Heinlein made Dec 25 at 2014 12:33 PM

2014-12-25T12:33:36-05:00

O.K., I'm going to get beaten up on this one, but here I go.

Should he have been convicted..Yes

Should he have to pay back the un-served portion of his commitment for his west point education..Yes..and that would be in the hundreds of thousands of dollars.

Should he go to jail for it...No..There was not violence involved, he did not put anyone else in jeopardy (yes I know he left his unit prior to a deployment...but if that units success in battle depended on this one LT, then they were already in big trouble). And finally, it costs money to incarcerate someone....Why should we pay 40,000-50,000 grand a year to keep this guy in jail when he should be paying us back for the education?

Response by CW3 Private RallyPoint Member made Dec 25 at 2014 10:13 PM

2014-12-25T22:13:48-05:00

I would say that he definitely deserves to be punished. However, I think given the fact that he returned to the U.S. and faced punishment says a lot about his character. Especially, when after leaving the Legion, you are given the option of French citizenship and Passport under the name you enlisted with. He could have easily taken this and not looked twice.

Response by Lt Col Private RallyPoint Member made Dec 27 at 2014 1:41 AM

2014-12-27T01:41:28-05:00

That's the most bizarre thing that I heard.

Response by SSG Private RallyPoint Member made Dec 30 at 2014 2:12 PM

2014-12-30T14:12:26-05:00

What an amazing story. Yes, the punishment fit the crime. He needs to pay back what he "stole" from the government..ie, all his training and pay.

I do believe there is more to the story than what we are being told. Desertion is a "no go" for me. I've had multiple soldiers go over the wall when going on "emergency leave" from BCT to be back home and comfortable, but this guy joins the Legion and succeeds because he's getting butt kicked everyday. Goes to show you that we all need that kick in the back end to get back on the straight and narrow. I hope he got what he needed to not commit suicide.

Response by CW5 Private RallyPoint Member made Dec 31 at 2014 7:46 AM

2014-12-31T07:46:08-05:00

Here's an interesting article comparing and contrasting LT Franks and SGT Bergdahl. I think the author makes some excellent points.

http://www.sentinelandenterprise.com/columnists/ci_27227573/peter-lucas-two-u-s-army-deserters-and

PETER LUCAS: Two U.S. Army 'deserters' and two kinds of justice

If ever there was a U.S. Army deserter who deserved forgiveness, it should be Lt. Lawrence J. Franks, not Sgt.

Response by 1SG Michael Blount made Feb 23 at 2015 2:40 PM

2015-02-23T14:40:07-05:00

I've heard of kids wanting to run away from home to join the circus, but this is something else

Response by SGT Private RallyPoint Member made Mar 28 at 2015 5:38 PM

2015-03-28T17:38:05-04:00

Completely off topic, but I'm curious to how he was caught? The reason I ask is because there was a Soldier who used to be in my unit that responded to a case exactly like this. We never heard what happened after the fact, but it was interesting nonetheless. The individual who deserted and joined the FFL turned himself in by walking literally onto the post. His ID came back flagged, and that was that. Just curious if it was the same incident. Small world.

Response by LTC Private RallyPoint Member made Apr 17 at 2015 6:17 PM

2015-04-17T18:17:53-04:00

Yes he deserves to be punished he acted in direct violation of the UCMJ

He took an oath to follow Orders when he accepted his Commission and received a free education at the expense of the American Public. He could have sought mental health treatment which is also paid for by the taxpayer.

Response by MAJ Private RallyPoint Member made Sep 25 at 2015 2:07 PM

2015-09-25T14:07:01-04:00

It was both: a crime and self-administered therapy.

Was it necessary? Perhaps. Without wearing his shoes, I can't speak as to whether other options may have helped him. Certainly he didn't think so, and to a suicidal person one's own perspective (which is usually shouting that everything's f*cked up and it's time to end all the pain) is paramount. He felt that this was something that would help him, which makes it self-administered therapy. However, regardless of whether or not it was necessary, it was still a crime.

One of the more memorable lessons I had in ROTC brought up the theoretical case where your wife is dying of a curable disease. You cannot afford the medication. You have offered to work out a payment plan with the purveyor of the required meds, but have been declined. What do you do? Stealing the medication is legally wrong. Letting your wife die is morally wrong.

Sometimes life gives you situations where there is no right choice. All you can do is make the best decision possible, and then live with the consequences. If you commit a crime, you must be prepared to deal with the penalty, even if you felt that it was the best choice at the time.

Response by LTC Private RallyPoint Member made Sep 25 at 2015 2:17 PM

2015-09-25T14:17:54-04:00

I don't have an issue with the punishment, nor do I have an issue with the judge not considering his mental health history. That's a pandora's box, and I'd be hesitant to set the precedent. Barracks lawyers will tell everyone who thinks they have PTSD that they'd get a pass for going AWOL for awhile as long as they play the mental health card.

Personally, I am unable to look at this case in a vaccuum though and judge if the verdict is just. While I don't have a problem with 4 years for a wartime desertion charge, I do have a problem with giving this guy 4 years, then giving this guy (http://popularmilitary.com/sergeant-major-convicted-of-molesting-child-but-not-kicked-out-of-military/) a relative slap on the wrist for something far more egregious after booting SFC Martland for defending child victims (unrelated topic, I know). If how we punish wrongdoers reflects on what we stand for, then we have a crisis of values on our hands, in my opinion.