Note to Charles Robert Jenkins: There is no statute of limitations for desertion

(Day Eight of the Korean Ministry of of Information and Communications ban)

Charles Robert Jenkins and his two daughters. (AFP file photo)

Charles Robert Jenkins, a North Carolina native (Oh the shame of it!) who deserted his US Army unit in 1965 and defected to North Korea, will likely meet his Japanese wife in Indonesia. Events had forced them apart:

Hitomi Soga, 45, has been living apart from her husband, Charles Robert Jenkins, 64, and their two daughters since she was allowed to return to Japan in 2002. North Korean agents abducted her 24 years earlier to teach spies the Japanese language and culture.

Her abduction was part of a campaign to train Nork spies in Japanese so that they could be infiltrated into Japan and South Korea while posing as Korean-Japanese. Like most (all?) of the other abductees, she refused to go back to North Korea. Jenkins and their two daughters refused to follow her to Japan because he feared that he would be extradited to the USA and face criminal charges.

Indonesia was picked for the meeting because it does not have an extradition treaty with the United States.

Secretary of State Colin Powell (who also said that the Norks can't have something for nothing) talked some about the case.

"This is a matter between the Japanese government and the Indonesian government" as well as North Korea, Powell told reporters in Jakarta.

He added, however, that desertion charges against Jenkins "remained outstanding." Washington calls Jenkins a wanted man and has rebuffed Tokyo's requests that it refrain from prosecuting him.

Here is my take on this: I have no objection if Jenkins wants to live the rest of his life as a fugitive. But if he plans on flying around Asia, he had better check the flight schedule carefully because I fully expect that he would get nabbed if his plane makes a stop-over in any country that has an extradition treaty with the US. Beyond that, I say just let him rot.

Comments

[ari(w)rong]

Actually, the statue of limitations on desertion is 40 years. So Jenkins will be able to return to the US. in 2005-2006. Not that he's likely too. What an idiot.

http://www.atimes.com/atimes/Japan/FF05Dh05.html

(see 5th paragraph)

[The Yangban]

Thanks ari(w)rong,

Now You made me look like an idiot in front of all my loyal minions. (Just kidding, I never mind being corrected when I get my facts wrong.)

Can the government at least make him serve his unfulfilled time in the Army?

[Dave]

Considering that he was enlisted and he is well over 55 years old, the maximum age for an enlisted service member, there is no way he could serve again. He is, however, not to old to be a prisoner. Bet they have a nice warm cell for him in Kansas!
(Before anybody slams me on the age, there are some exceptions...just talking about a typical Soldier, Sailor, Airman or Marine.)

[Paul H.]

Tried to search for the Asia Times link given above but couldn't seem to find it. Will try again later.

I wish I had US military legal references to hand. I'd need to search them, and research other cases of long-time private soldier US military deserters who disappeared behind the Iron Curtain. (I think I recall at least one case who had been in E Germany since the mid-60's, and who "came in from the cold" when the wall came down and East Germany fell apart). The so-called 40 year statute of limitations (from the Asia Times link?) sounds fishy to me, but I can't specifically refute it. I suspect, though, that this may refer to some sort of self-imposed military rule on imprisoning old guys in Leavenworth, and not on giving up the legal authority to actually court-martial them

I don't know if legally the US Army could make Jenkins do the rest of his military time -- I think legally the govt does have that option for a younger deserter who's only been gone a few years, but Jenkins is past the mandatory retirement age limit for active service. Plus, the idea of a 64 year old Army private is laughable, much less one who has spent the last 40 years in North Korea! I can imagine the incredulous stares, and then the howls of laughter from his prospective commanders....

Even with a younger guy, somebody who's deserted for a long time would be seen in the modern era as a high risk to do it again, and absent unusual circumstances no commander would want him. You may be thinking of old movies of the Wild West; back then Army desertion was routine and the discipline needed to stop it was ironclad. AWOL and desertion in the modern volunteer Army are comparatively rare -- I suspect most company commanders go through 18 or 24 months of command with only one or two cases of serious AWOL (ie meriting court-martial), and no desertions (AWOL gone more than 30 days).

I doubt if the US military authorities would try to nab this guy through extradition from a third country other than South Korea. Such desertions are so rare, and this one is so old, that the deterrent value of such a measure is unneeded. If Jenkins were to be allowed to leave North Korea, and he returned himself to US military control, I think almost certainly he would be offered dishonorable discharge in lieu of court-martial. There's a procedure for this spelled out in the regs and it is probably routine for this type of thing, unless he committed some other aggravating offense (such as taking a payroll or secret documents with him, shooting some other GI who tried to stop him, making propaganda broadcasts for North Korea that advocated the killing of Americans, etc). Absent this, I doubt that the Army would want to expend prosecutorial and custodial resources to imprison him in Leavenworth.

Once dishonorably discharged, IMO he ought to be stripped of his US citizenship, deported, and sent back to North Korea (or Japan if they will have him, since his wife's Japanese). But I think that action would have to be done by the US Justice Dept, as I don't think the military has legal authority to take away US citizenship.

Jenkins probably is caught in a personal "time warp" as frozen as that of his Stalinist North Korean home. He may see himself as a major figure of the Cold War, eagerly sought after by the Army, but I doubt if anyone even remembers him anymore, except for whatever JAG office has the burden of keeping a file on him. I'd never heard of him till you blogged on him, though other US Army vets who have done a tour in Korea may be acquainted with his case (and any others --aren't there are a couple more US Army private soldier deserters up North, besides him?)

[Scott-in-Japan]

The US isn't going to put the guy into service, that's just silly talk.

The US military could put him on trial. But they won't unless it's found that the guy did something truly horrible in addition to defecting, like...shoot baby seals. But short of the guy proclaiming to love George W. Bush - the US is only going to keep him at bay.

In other words, if he stays quiet and out of the big headlines, no one will send him to the US.

[Zdunk-]

Actually, I seem to remember reading that his job in North Korea for years was denouncing America on the airwaves, for North Korean tour groups and playing evil murdering Americans in Nork propaganda films. Given the hysterical language typical in these radio broadcasts, he probably actually did participate in calls for the death of Americans.

Everytime a reporter has asked the Pentagon or State Dept. about this in the last 2 years, they have immediately emphatically affirmed that they will seek his extradition should he show up in Japan or anywhere outside of the workers paradise.

[DEL]

Don't you think that maybe he did not desert the army and that he was actually abducted, think about it, In the vietnam war americans were abducted and supposedly never heard from again, but the military denounces them and we forget them until they show up somewhere living. Everyone knows that brainwashing has been used and is still being used. If anything we (USA) should let that man live out his life, we have bigger fish to fry instead of worrying about a 65 year old man.

[Geno]

ari whatever,

If you're going to call someone an idiot in a post (which seems unnecessarily harsh), you should avoid making stupid errors in that post such as using the term "statue of limitations." Where is this statue? In a museum? In a park? It's "statute" you id..... well, I won't say it, that would be unnecessarily harsh.

[The Yangban]

Hello Geno,

In defense of ari(w)rong, I am sure that me was talking about Jenkins when he said "what an idiot" (at least I hope he was).

As for his typing "statue;" I am sure it was a typo. As a dyslexic, I am always quick to forgive a misspelled word.

[Sugar Shin]

That makes me really HAPPY, Yangban! So much forgiveness for me. :)

[Paul H.]

CNN (Headline News) just featured video of Jenkins descending the stairs to the tarmac from a plane in Indonesia, to be greeted with tears and hugs from his wife and daughters. He has permission to stay for up to a month, which can be extended if needed, according to a smiling Indonesian official.

A brief explanation of his status followed. It included a soundbite of a State Dept briefing, which referred to his "alleged" violation of the UCMJ. It seems clear to me that the US government wishes to keep its options open, but I don't think he is actively being sought by them.

I couldn't tell if he was being accompanied by North Korean security-guard types; according to the report, he was flown from North Korean on a chartered Japanese airplane. If in fact he was "abducted", then this should be his chance to escape and seek the protection of another government (presumably the Indonesian or the Japanese ones). I think the report mentioned him going to Japan next as a speculative possibility.

"In the vietnam war americans were abducted and supposedly never heard from again, but the military denounces them and we forget them until they show up somewhere living."

If the poster above who made this strange statement can explain it further, I'd be interested in hearing it. A specific example to support it would be a bonus (though an unexpected one).

[Mankyongdae]

Some interesting quotes in the news about this:
>Japan\'s top government spokesman, Chief Cabinet Secretary Hiroyuki Hosoda, said Tokyo >recently repeated its request for the US not to push for his extradition.

>\"But Washington\'s response has been rather severe,\" he said

Coming from the Japanese government\'s top spokesman, these are somewhat strong words. Can they be interpreted as \"Hey US, let up a little. Cut this poor fool some slack\"?

>\"We all saw this as a humanitarian question,\" US State Department spokesman Richard
>Boucher said.

This is a very interesting quote, and I\'m not sure whether to snort, or feel comforted bu that. Any comments?

>\"Glad to see that he\'s been able to meet with his family, it was emotional.

Ditto here.

>\"But it remains that Sgt Jenkins potentially faces serious charges should he be in a
>place where he\'s subject to US jurisdiction.\"

Now comes the really interesting quote. Is anyone seeing what I am seeing here? Am I reading to much into it if I suggest that Boucher is giving Jenkins a very clear warning NOT to go to any country which has an extradition treaty with the US? It seems to me almost like \"You\'re lucky you got out of North Korea. By all means, live the rest of your life, but don\'t let yourself get anywhere near the US.\"

Any bets that Soga and Jenkins (and daughters) build a new life in Indonesia?

[Jang Yeonggu]

According to press reports, the statute of limitations on Jenkins' alleged desertion runs out early in 2005. The Japanese government is reportedly working on getting him settled in Japan some time after that.

[Scott-in-Japan]

Mankyongdae:
>>\"We all saw this as a humanitarian question,\" US State Department
>> spokesman Richard
>>Boucher said.
>This is a very interesting quote, and I\'m not sure whether to snort, or
>feel comforted bu that. Any comments?
The point is that the US is not treating this guy as a serious, dangerous threat. That is, he won't get the Rosenberg level of treatment (execution), or even the Possible Terrorist treatment (jail in Cuba). Instead, the US is telling him that they won't chase the guy down - but he will go through the system if he returns.

The US doesn't want to throw the old guy in jail. But at the same time it cannot allow a deserter to walk free.

[Parisien]

Charles Robert Jenkins should be left free to live in Japan with his wife and children.
Even if he went voluntarily in NK I think living 40 years in a Communist State is punishment enough ! Since the Draft Dodgers and Deserters of the Vietnam War have been pardonned so should Jenkins! May be you remenber this Marine Garwood who was prisonner-collaborators of the N.Vietnamese and returned to the USA many years after the end of the war: he was exonerated.
Jenkins could tell us what did happen to the 3 others US defectors........

[Jay]

YOu guys are so biased. You nor I know the facts about this man and the situation(s) that led him to where he is. We are here to live a life, one single life so why shouldn't he or you or I attempt to enjoy it as we see fit? Defector or not, I support him and if I had to continue to "fight" in a military, I would make a choice somewhat similar.

[Scott-in-Japan]

Jay - It's not 'biased', it's having an opinion. In this case, one strongly supported (albeit circumstantially) by the facts.

[Chris]

A deserter is just that. It doesn't matter how many years have passed. He made the decision to join the Army and the decision to desert. He deserves to suffer the consequences of his decisions. If that happens to be death because of lack of sufficent medical treatment in NK then so be it. The Army should take any means necessary to prosecute if he steps foot in Japan.

[Lance]

"He made the decision to join the Army and the decision to desert." Well, we don't know about the second part of that. No-one does, except Jenkins and the North Koreans. The North claims he deserted, but you'll have to forgive me if I have difficulty taking them at their word on much of anything. The US bases its view on that claim - possibly the only time the US has unquestioningly accepted any statement from Pyongyang. Of course, considering the other option "He was kidnapped" "Why aren't you trying to get him back?" makes it easier to understand why the US would stick by that line. Same reason Japan hemmed and hawed on the existence of kidnapped Japanese until just a couple of years ago. Or why South Korea doesn't do more about all its own kidnapped citizens. Short of launching a war to get everyone back, not much can be done, so its easiest to dodge the bullet by saying "so-and-so defected".

[Jackie James]

this so called "man" should never be allowed to put his feet back on good old USA Soil....and when he dies...do not let his body be brought back to his home town in NC....us faithful patriotic TARHEELS....SAY NO TO HIS RETURN ON FOOT OR IN A PINE BOX...AND I KNOW SOME OF THE FAMILY..AND IF HE IS FROM ROANOKE RAPIDS...MY HOMETOWN........HECK NO.........YOU EITHER LOVE THIS GREAT COUNTRY OR LEAVE IT..AND HE CHOSE TO LEAVE...D... GOOD RIDDANCE

[Jackie Williams James]

Well, once again Charles Jenkins is in the news..and a nephew from NC made the comment this morning on the news that he believed Jenkins was abducted.......NO...HE WAS AND IS A COWARD..SO MANY OF OUR YOUNG MEN GAVE THEIR LIVES..AND SOME AS POW'S FOR MANY YEARS...NEVER LET HIM SET FOOT ON THE USA SOIL...AND NEITHER SHOULD HIS WIFE AND CHILDREN... WHY SHOULD WE EVENTUALLY HAVE TO TAKE CARE OF HIM IN OUR VA HOSPITALS WHEN OUR VETS
SOMETIMES ARE UNABLE TO RECEIVE HELP WHEN NEEDED.

[Judge not lest...]

This man suffered hell on earth in NK. A horrible, miserable life of forced labor, beatings, freezing cold living in an unheated stone hut, sleeping on the bare floor, near starvation. He left because he had a genuine fear that he would not be able to lead men into combat because of a lack of personal courage and leadership. He knew real damn well that the army wan't going to be sympathetic to that viewpoint, so he withdrew from the situation. He also knew damn well NK wasn't going to be like NC. All of you holier than thou hypocrites who are waving flags and casting first stones make me sick. It took a courageous man to make this decision, and a man of incredible strength to endure what he endured.

[jtb-in-texas]

It took a traitor, a nut, a disturbed and foolish man who thought the norks would treat him like a hero...

Granted the things that did not kill him may have made him "stronger"; but one of the things he lost was any chance of being honored by veterans or patriots.

In my circles, we don't usually talk badly about people like this. But we don't look to invite them back home, either...

[mookjipa]

What an idiot. Why do we have to listen to this idiot's story? He's such a dork that he thinks he's some kind of a hero. This guy should never be allowed back into the States. He might have some North Korean spy up his arse.

[oh geez.]

If you're going to criticize him for being a coward and unpatriotic, why aren't you out there in Iraq or Afghanistan? You don't love America enough to enlist?

I think Jenkins is a moron, make no mistake, but I don't think his decision was an easy one and I don't think he got what he wanted out of it at all. Do you think he stayed in North Korea for-- what, 38 years?-- because it was free and luxurious there? Because they treated him well? Because he had a choice? I highly doubt it.