Deserter Charles R. Jenkins Sent to Prison

Filed under: Uncategorized — Jeff in Korea at 10:32 am on Thursday, November 4, 2004

65 year old Sgt. Charles R. Jenkins, who deserted the Army and defected to North Korea was court-marshaled for desertion, soliciting other service members to desert, aiding the enemy, and encouraging disloyalty. He pled guilty to the charged stemming from his desertion 39 years ago. He was sentenced to 30 days in jail, demotion to private, and a dishonorable discharge.

According to the AP report, Jenkins issued a statement during his court-marshal where he explained himself thusly:

He said he began thinking of fleeing because he was afraid he would be transferred to dangerous daytime “hunt and kill” patrols in the Demilitarized Zone between the two Koreas, and feared he could not lead a squad into fighting.

“I started drinking alcohol,” he said, bursting into tears. “I never drank so much before.”

Jenkins said he was also convinced he would be sent to Vietnam.

“I knew Vietnam was combat, and jungle warfare,” he told the court. “I’d never been in the jungle in my life. How could I lead soldiers there?”

After 10 days of planning, he headed for North Korea with a white T-shirt tied to his rifle as a flag of surrender.

“I walked slowly and arrived in the early morning because it was dark and mines were everywhere,” he said. “It was a no man’s land.”

Jenkins said he intended to ask the North Koreans to send him to the Soviet Union, and thought he would then be returned to the United States.

Instead, he said, he was treated harshly in North Korea and forced to teach English to military cadets from 1981 until 1985, adding that refusing to do so would have brought “hardship to me and my family that would never end.”

“I refused to teach for three days once,” he said. “They came to my house, tied me up and beat the hell out of me.”

My personal feeling is that it was a really, really stupid act by a really, really ignorant guy. He clearly had no idea what he was getting himself into and clearly got much more than he bargained for. The Far Eastern Economic Review has a very good article about what Jenkins said he experienced in North Korea.

At his sentencing, his defense lawyer, Capt. James Culp, said four decades in North Korea was punishment enough. I would have to agree with the defense lawyer. However, he could not just be let off with a “time heals all wounds” type of sentence. I think 30 days in jail is a fair and reasonable sentence as it show leniency to someone who has suffered a great deal, but also serves the needs of justice. Justice tempered with a healthy does of mercy is a good thing in appropriate circumstances, and I believe this is just such a circumstance.

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4 November 2004 @ 4:17 pm

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5 November 2004 @ 1:46 am

Jenkins, James Clavell, and life in the DPRK

The New York Times ran a fuller description of the testimony offered by Sgt. Charles Jenkins and wife Soga Hitomi during his court-martial at Camp Zama, Japan. Even if only half of it is accurate, it’s stil an amazing look at life on the other side o…

Comment by angus

5 November 2004 @ 6:17 am

still an unsatisfying explanation of his defection. i mean really, are we supposed to believe a drunk safely wandered through two sets of mine fields and didn’t get shot by the norks? hmmm. something tells me there’s more to this story.

Comment by Infidel

5 November 2004 @ 12:53 pm

I agree with angus, too.

Further, although I agree with Jeff’s basic argument about mercy in punishment, legal penalties are designed not only to reform anti-social behavior, but to deter the same behavior in others. It also sets social policy.

I have no sympathy for this man. He took an oath to serve and, unlike millions who complain, but are faithful, he not only broke his oath, but defected. The only reason he didn’t get a stiffer sentence is because his lawyer managed to undermine the mens rea requirement for a crime. Clearly, he acted, but did he understand the consequences? This is the question, but by extending sympathy, an injustice is done to every other serving soldier.

If this man deserted to break his oath, he is guilty of the maximum for an intentional crime. It doesn’t matter if he knew about NK, deliberated over his future, or considered the ramifications of his act for US-DPRK relations. Avoiding combat service is no defense, either. The time to consider that course of action was before he took his oath. He was not coerced into any behavior, nor did not hold strong convictions against war. He should not be punished as if he committed a negligent act, like forgetting to turn the car engine off before exiting the car. And, no matter how terrible this sentence will be to him, there should be no pity extended to him. He created the conditions by which one other person, and now two others, suffered with him. He undermines every ethical belief the American military tries to inculcate in its soldiers. He disgraced the uniform. He justly deserves a dishonorable discharge, evn if he is too old to work, because what employer would trust him?

People can foregive him after he is punished, but pitying him and even thinking of reducing his sentence before he pays his dues to the society and the institution he wronged, is an insult to the legal traditions of any country. Mixing morality and law muddles both, creates discord between disagreeing rivals, and ultimately undermines the whole purpose of both. It is also court-directed legislation; let Congress decide if the UCMJ is too stringent.

I also consider Iraq, and the cases of desertion. Soldiers have no right to politick, and deserting is like running for office. Its the epitomy of the political profession. One day one blathers about convictions, the next day one just compromises and runs. Washington can’t make policy and soldiers can’t serve faithfully. Its the American way! Everybody does what they want and damn the consequences. I’d never marry a woman more irresolute than me, and I’d never even look at a deserter. But this man makes cowardice attractive. That’s wrong!

Comment by Arne

6 November 2004 @ 9:22 pm

Gotta go with the Infidel on this one…to copy from an argument I was having on another blog:

Arne said…

If you must throw down said gauntlet, then I must take it up….

You said,
“HE BROUGHT WHAT WAS THEN THE WORLD’S MOST POWERFUL ARMY AND KILLED MILLIONS OF PEOPLE!”

And I say,
Yeah…and when you come right down to it, what’s the difference? A person who believes he has such power and attempts to use it, or one who HAS such power and ACTUALLY uses it.

But we digress from the actual issue here…this nutbag swore (on the bible, or his mothers apple pie, or the string he used to tie his sack onto himself…whatever) that he would stand by his fellows.

This is not a person that arbitrarily joined the military and had second thoughts, nor is this a person that made a point of protesting whaterver bit of minutae that came into their perview.

No…this is a person that made a honest commitment, stuck to it for an actually quite long period, then, arbitrarily, with callous diregard for the inherent loyalty and commitment that was intrusted to him, and I’ll not make the obvious heartstring-tugging “my country,” ploy here–since that was never my intention–but, dammit, he abandoned his fellows and the citizenry at-large that he promised to protect and defend…with his life, to…whatever.

Clearly, it didn’t matter to him what happened to his friends or the civilians that he was here (in Korea) to defend.

“Yeah, screw ‘em. Sure I came here to do a job that I promised I would do…not only for my friends and fellow soldiers, but also for the citizens of the US. But, hey, those were just words. Words mean different things to people and just because I said them, doesn’t mean I meant them. Therefore, I shouldn’t have to be held accountable for saying them. Right? Right.”

Sigh.

What would you have us do? Pat him on the back and say, “Well, you got us good on that one, man?” I mean, f**k!

Sure, freedom is great and all, but if you allow the freedom to overtly lie come into the picture, then you’re not only a hypocrite for saying that saying something outloud actually “means something,” but you’re an idiot for believing that if someone says they’ll do something, they’ll do it.

Once the possibility of that…that if someone says something, they mean it…is shattered, then there isn’t any society.

I mean, hey, just give it up. Either enlist an army (that, defacto, you can’t trust) and take over small countries, or just shoot yourself.

No matter what…that old, decrepit, useless old man deserves the rather constrictive end of a rope…not because he’s a bad person…but because he WAS a bad person. While it may not actually have lead to thousands of deaths, it COULD have lead to thousands of deaths…not because he did something, but because he chose to disregard something he was supposed to believe in. No, not America…his word.

Comment by Prince Roy

7 November 2004 @ 3:19 pm

I wonder how many of you screaming for this guy’s head actually ever served in the military? Speaking as one who has, I hardly see the point of locking this guy up for any length of time. He’s paid more than enough for his serious error of judgment, basically a 40-year sentence, and in this case I think the judge made the right call.

Comment by Infidel

7 November 2004 @ 9:31 pm

The judge should lock him up, so he can’t hide in Japan, sign a sweet publishing deal, make outrageous, mawkish statements about NK, so idiots spend good money to read what he wants them to pay for, as honorable soldiers like me and Prince Roy in Iraq dodge bullets near Falluja. No, this man has plenty more to atone for, when he looks his children in the eye whom his actions brought into a world which will as it stands never accept them. Jail time would do him, and the rest of the honest world he so blithely abandoned, good.

On the other he’s so adorable in his uniform. I’m sure there are more than enough people willing to watch his story on cable. He’s a hero! He beat the system! And now the people he insulted are expected to feel sorry for him? Prince Roy, take your self-loathing and lazy, turn the other cheek anti-republican morality somewhere else! The man did wrong, and he has not begun to atone.

Comment by Prince Roy

7 November 2004 @ 10:22 pm

whatever. like I said, the judge made the right call, so you’ll just have to live with it. keep on with your weird, incomprehensible rant if it makes you feel better. as far as your peurile name calling, sticks and stones…

Comment by Infidel

8 November 2004 @ 6:30 am

The judge should not have allowed the defense to take him into a position where he either looked judicious or cruel. If the man plea bargained out, perhaps soldiers can forgive him if he delivers information. But he should be excluded from any book or movie deals. He played Tokyo, Beijing, and Pyongyang off on Washington once, and perhaps letting him return made good sense for diplomatic relations (dealing as we are with a public who are small-brained sycophants like you obviously causes these kinds of compromises), but now he should retire quietly. If he does, I’ll be happy, but I could never trust him again. Anyway, let him stay in Japan. Hopefully, he realizes he caused his situation, not the military or Washington. If not then he has not been punished enough.

BTW, I served in the military, and my family has, too, for generations, in worser situations than this man ran away from. Unlike this scumbag, I didn’t break my oath. I’ll accept your taunt and the fact that you are wrong, but you deserve what you got, and should get more. If you want to debate this point further, don’t insult people. Don’t take youe ex-law student pose for some counter-cultural, amoral flight. Frankly, I find your defense of this man reprehensible, considering that there are plenty of good people whose lives are not interesting enough to warrant the type of media hype this man can generate and the damage his story causes (obviously, he now has you defending him). As I said, forgiveness is earned, not bestowed, unless, of course, yu believe you are God. perhaps that is your problem,

Comment by me

8 November 2004 @ 10:45 pm

People here seem to be missing the big picture- I’m especially surprised that the military contingent is overlooking some aspects. Yea, he deserted. For that, he’s an ass and should get what’s coming to him. But wait a minute- there is a country with which we are currently negotiating peace and nuclear issues with- a country about which our already weak inteligence service knows little about, and suddenly someone with 40 years experience with government, military, and intelligence agencies comes out and might just have a thing or two to tell us. As much as I would like to see this guy rot in jail, I have to understand that the information he can provide about NK is much more valuable than the satisfaction of knowing he got what was coming.

Comment by Zdunk

9 November 2004 @ 4:06 am

I was surprised in this comments sections not to see the OBVIOUS mentioned.

Japan - right to the top, the PM of Japan - wanted him released. Japan, the nation which America quietly owes a lot.

Then, Jenkins confession and his bizarrely lenient pro-Japanese sentence is timed for the day after the US elections. Wow, what a coincidence!

People, it is missing something to talk about this without mentioning Japan’s wishes and influence.

Comment by Paul H.

9 November 2004 @ 7:07 am

The previous point about Japan is absolutely correct. The man’s Japanese family and the intense interest in their situation in Japan were overwhelming political factors that made this case one with current international ramifications.

You’re also missing the point about the practicalities of confining a 65 year old man in extremely poor health. Since the end of the Cold war there have been some other obscure desertion cases (at least one GI who had deserted to East Germany decades ago “came in from the cold” and was quietly plea bargained and released). This one was essentially no different and would have been handled the same way even if there had been no Japanese family involved.

A lengthy sentence would have to be served back in the US at the military confinement facility in Leavenworth. The senior militar commanders and their JAG advisors want to keep the limited space there for younger prisoners who could be repeat offenders.

Had Jenkins shot or injured an American or ROK soldier during his desertion I think he would have got hard time, but this didn’t happen and he didn’t have access to any secret information that significantly harmed US/ROK defenses in 1965.

The 30 days can be done in whatever temporary confinement facility the US military maintains in Japan.

The important part of the punishment was to get an accurate confession as to his motives, convict him with a trial if he failed to plead guilty, and get an unfavorable discharge and forfeiture of pay. Had this not happened, 40 years of back pay would have been a significant sum; it was legally necessary to convict him in order to have this forfeited as part of the punishment authorized under the UCMJ.

The Japanese are welcome to him. I’m sure the government there will find a way to support him and his family (who are innocent victims).

I hope you guys who are outraged were also aghast at the fact that the FBI mole Hanson was able to keep his retirement pension as part of his plea bargain (so his wife and 4 (?) kids could be supported while he did a life sentence). That’s the sentence I find unbelievable.

Comment by Infidel

9 November 2004 @ 2:44 pm

I appreciate the facts highlighted, but i did the Tokyo connection. I also mentioned the fact, that Jenkins ran all over Asia looking for a safe place, suddenly becoming ill enough to go to hospital only in Japan.

Yes, Paul H., that makes me angry, as if I needed another reason to feel that way. I’m glad the US Army did do something right and saved the taxpayer some money by holding this trial. The names and photos of all these traitors are lovingly hanged on the walls of inteliigence installation high-security boxes for generations to scorn, along with the endless briefings and new regs young soldiers will have to endure because of him.

As for the information he might have, how much information do we need to know its bad there. He won’t have the econometric data we need to know how much Pyongyang diverts for military purposes, he had no access to government or corps-level personnel and documents, and he saw very little. If not for the sentimental value he has for the Japanese public this man is worse than useless. His published accounts will only cause more debate about the best way to handle the problem, because he doesn’t have the hard data we all need. The man is about as useful as a blurry satellite photo or a garbled radio message.

Comment by BoringJeff

10 November 2004 @ 4:49 pm

Hey jeff, your blog sure is boring. Why dont you invite that silly sally back and make it more interesting.

Comment by Ari

11 November 2004 @ 11:40 pm

Jeff, you’ve gone all quiet and it’s a little disturbing. The DPRKers who might have slipped through the fence didn’t get to you, did they? Sorry, poor taste. Still, where are you?

Comment by Kim Jong-il

14 November 2004 @ 11:08 am

Don’t worry, we have him in a safe place.

Comment by My Royal Highness

15 November 2004 @ 9:25 am

Holy smackdowns, Batman. Someone really has gone off and killed all the lawyers.

Oh, Jeff, we hardly knew ye.

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