Investigating Officer's Conclusions

AFZS-AV-CAV-T

09 September 1996

MEMORANDUM FOR RECORD

SUBJECT: Investigating Officer's Conclusions of Request for Conscientious Objector Status for SPC John R. Goldthwaite

1. In accordance with AR 600-43 and the office of the Staff Judge Advocate (CPT Dave Nagasky), I have conducted an investigation into the Conscientious Objector claim made by SPC Goldthwaite. During the conduct of this investigation, I have conducted numerous interviews with SPC Goldthwaite's friends and primary leaders to determine the foundation and validity of his claims. SPC Goldthwaite has provided me two sworn statements which are included as exhibits A and B. My research has taken me to the Dictionary of Theology in search for various beliefs that SPC Goldthwaite discusses in his claims and those definitions can be found in exhibit C. I conducted an informal hearing with SPC Goldthwaite on 6 September 1996 and have enclosed the notes to that hearing. The following is my conclusion and recommendations:

a. SPC Goldthwaite no longer believes in the United States of America nor in the legitimacy of its laws. He further states that he no longer believes in any Nation nor the borders that surround those Nations, SPC Goldthwaite believes in the Law of Equal Freedom/Behavior (see exhibits A and B). His basic premise is that all men are equal and free. He further expounds on this to say, "that people should be able to do what they want so long as they do not hurt someone else with their actions." Because the United States has laws that prevent people from entering its borders, (Immigration Laws) and laws that prevent people from doing what they want (Drug Laws, Prostitution Laws, Gambling Laws) he no longer feels morally compelled to recognize or defend this Country.

b. The catalyst for SPC Goldthwaite's search for his moral and ethical beliefs occurred during AIT at Goodfellow AFB. He saw a video tape called Investigative Reports which discussed the United States involvement in the Drug War. Prior to viewing this tape, SPC Goldthwaite, had been reading books on Civil Liberties. When he saw this tape he felt that what the United States was doing was wrong, and he asked to be released from this Top Secret MOS (98G) that he was entering. His informal request was denied, and he began extensive research to determine why he felt this way. Over the last year and a half, SPC Goldthwaite has done extensive research into his moral and ethical beliefs by reading numerous books. In the last two to three months his beliefs have become fixed, and he now adamantly believes that he must start living as he morally and ethically believes.

c. By the definition of Conscientious Objector, SPC Goldthwaite clearly falls on the middle ground of the definition. He does have deeply held moral and ethical beliefs that fit in with the definition, however his beliefs are founded against Political Policies set forth by the United States Government. He says he is not willing to participate in any War in any form against nations, but does believe in the self defense and the preservation of private property. Because this soldier is on the border line of the definition, I believe that I must make a judgment call on where this soldier fits in the definition and determine whether or not he is in fact a Conscientious Objector. I believe that he can and should be classified as a Conscientious Objector due to the extreme feelings that he has against the United States Government and all other forms of Government. I believe that his failure to recognize any form of Government makes him unsuitable for continued military service.

d. SPC Goldthwaite is sincere in his moral and ethical beliefs. All evidence gathered in the conduct of this investigation indicates that he is consistent in his beliefs and that he is deeply convicted as to how he feels and conducts himself from day to day. This soldier does not want to accept any reimbursement from the government in his termination from the military service, nor does he desire to be released from service under any other... methods would not be honest nor consistent with his moral and ethical beliefs. If this soldier is denied, he has stated that he will continue to fight for his cause through other channels as necessary.

e. Due to the extreme nature of SPC Goldthwaite's claims, and the sincerity of his claims, I recommend that SPC Goldthwaite be classified as a 1-0 Conscientious Objector, and removed form Military Service.

2. POC for this interview is CPT Martinez at (extension)

(singed)
Robert A. Martinez
CPT, AV
Investigating Officer