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Army to discharge single mom rather than court-martial her

February 15, 2010

by Dahr Jamail

Army regulations say, when parents miss deployment due to childcare plans falling through, that the parent should be given an extension of time to find alternate caregivers and the Army should discharge the parent honorably if no solution is found. But the Army was determined to punish Alexis Hutchinson, a 21-year-old Army cook. Now she’s glad to be awaiting discharge so she can be with her son, but sorry that, because of her “Other Than Honorable” discharge, she’s denied health care and other benefits. - Photo: James Dao, NY Times
On Thursday, Feb. 11, Army Specialist Alexis Hutchinson, a single mother of an infant son, was informed she would be granted an administrative discharge from the Army.

Last fall, Hutchinson was ordered to prepare to deploy to Afghanistan. On Nov. 5, 2009, after her childcare plans fell through, Hutchinson was faced with the dilemma of having no one to take care of her son when she deployed to a war zone. (See Dahr Jamail’s original story, “Army sends infant to foster care, mom to Afghanistan,” posted to SFBayView.com Nov. 13, 2009.)

She chose not to show up for the plane to Afghanistan and missed her deployment. When she reported for duty the following day, the Army arrested her and took away her son, who was allegedly placed in an Army day care. His grandmother, Angelique Hughes of Oakland, California, picked him up a few days later. Alexis was granted leave to go home for the holidays in December and returned to Georgia with her baby, Kamani, in early January.

After Hutchinson returned to Georgia in January, the Army filed court-martial charges against her and refused to discharge her under the Army regulations that clearly allow for discharges for reasons of parenthood responsibility.

Both Hutchinson and her civilian attorney, Rai Sue Sussman, are happy with the results. In a press release from Sussman’s office, Hutchinson said that she is “excited to know what will happen to me, and that I am not facing jail. This means I can still be with my son, which is the most important thing.” Hutchinson will receive an “Other Than Honorable” discharge, but will not be facing criminal charges at a court-martial, which would have subjected her to a bad-conduct discharge and up to a year in jail if she lost, as well as a criminal record.

“Alexis is pleased because she now will have closure and knows what is going to happen to her,” Sussman told Truthout. “She is no longer waiting to possibly go to trial and jail, all the while trying to figure out what to do with her child. She feels she was treated unfairly overall but is relieved with this outcome.”

Until this recent decision, the Army had opted to court-martial Hutchinson as her commander believed she was attempting to get out of her Afghanistan deployment. Both Hutchinson and Sussman have consistently stated that Hutchinson always fully intended to deploy until her childcare plans fell through.

Angelique Hughes, holds her grandson, Kamani Hutchinson, and a picture of her daughter, Spc. Alexis Hutchinson, in her home in Oakland last November. At that point, Alexis was confined to an Army post after she refused to deploy to Afghanistan until she could find someone to care for her child when her mother could no longer do so. Now her mother is thrilled she’ll be discharged but worried that the Army’s denial of benefits will make her daughter’s life difficult. – Photo: Russel A. Daniels, AP
Hutchinson’s mother, Angelique Hughes, was thrilled with the recent news.

“I’m very happy,” Hughes told Truthout via telephone from her home in Oakland. “I just found out myself. I’m glad it worked out.”

However, Hughes was concerned about the fact that due to Hutchinson’s “Other Than Honorable” discharge, she will not maintain any of her benefits, like medical care for herself and her infant son.

“I don’t know why they didn’t give her an honorable discharge,” Hughes added. “Other single parents they’ve discharged got one. I’m glad they are letting her out, but now she lacks enough benefits … so it’s going to be a hard situation for her.”

Jeff Paterson, the director of the soldier advocacy group Courage to Resist, which has assisted Hutchinson, felt that the administrative discharge was a victory all around.

“From our perspective, since she didn’t deploy to Afghanistan, she has no injuries; we see this as a big success,” Paterson told Truthout. “She didn’t go to Afghanistan, she didn’t go to jail, she won’t be separated from her baby and she gets out of the Army. That’s what’s important.”

“I hoped she would have gotten a general discharge, but they seem to have had it out for her, so at least now she can move on,” Sussman explained. “I’ve never heard of a commander taking a child away from a person in this situation. But I think it’s a success, and we’re very excited to hear that they decided not to go ahead with the criminal charges.”

Alexis Hutchinson of Oakland tickles her 11-month-old son Kamani, Dec. 28, 2009, at her mother’s Oakland home. – Photo: D. Ross Cameron, San Jose Mercury News
Hutchinson chose not to speak to the media about the Army’s decision.

The Army has regulations regarding parents who miss deployment due to childcare plans falling through. The regulations call for an extension of time to find alternate caregivers, and to discharge a parent honorably if no solution is found.

Of these regulations, Sussman wrote on Thursday: “Here, the Army did not act according to their own regulations, and did not value the family responsibilities of this soldier. If they had, Spc. Hutchinson would not have been in this situation and would be getting a better discharge.”

Sussman told Truthout that she feels the way the Army handled Hutchinson’s situation “shows that it takes a lot of work to get the military to understand what single parents in the military are facing. Up until last week they wanted to court-martial her for choosing her child over her job.”

After Truthout reported that the Army had filed charges against Hutchinson, other media covered her situation, including several national outlets.

Speaking to Truthout about the role played by media coverage in Hutchinson’s situation, Sussman said. “I think that it kept her from being sent to Afghanistan to face a court-martial back in November.”

Brig. Gen. Jeffrey Phillips, Hutchinson’s commander at the Hunter Army Airfield Military Reservation near Savannah, Georgia, made the recent decision to allow an administrative discharge for Hutchinson.

While both Sussman and Hutchinson are pleased with the Army’s decision, Sussman feels that Hutchinson’s plight does not send a positive message to parents – especially single parents – who plan on joining the U.S. military today.

“Her situation shows the Army is not really friendly to families,” Sussman told Truthout. “The lives of military families are very difficult and they often face a command that isn’t understanding or empathetic towards the situation of raising a child in that environment.”

Currently Hutchinson remains assigned to Hunter Army Airfield near Savannah, Georgia, where she has been posted since February 2008.

Hutchinson lives off post and places her son in day care when she goes to work.

Sussman told Truthout she believes Hutchinson should be discharged by the end of this month.

Dahr Jamail’s new book, “The Will to Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan,” is now available. As one of the first and few unembedded Western journalists to report the truth about how the United States has destroyed, not liberated, Iraqi society in his book “Beyond the Green Zone,” Jamail, winner of the 2008 Martha Gellhorn Award for Journalism, now investigates the under-reported but growing antiwar resistance of American GIs. Gathering the stories of these courageous men and women, Jamail shows us that far from “supporting our troops,” politicians have betrayed them at every turn. Finally, Jamail shows us that the true heroes of the criminal tragedy of the Iraq War are those brave enough to say no. Visit his website at http://dahrjamailiraq.com. The Bay View is proud to have been one of the first newspapers to publish his dispatches. This story first appeared at t r u t h o u t.

3 thoughts on “Army to discharge single mom rather than court-martial her

  1. Judy

    I wish we had insight to the real truth. My first thought was about her mother. She runs a daycare but can’t take care of her own grandson? But then reports surface that Alexis told people that was going to get out of her deployment one way or another, so maybe she told her mother to say that…who knows?

    What I do know is that my daughter and son-in-law were simultaneously deployed and I was sole caregiver to their 2-year old son. At the same time, I was going through a very unexpected divorce, facing the loss of my home, changing careers and temporarily lost the use of my right hand due to a freak medical condition. But I was still there for my daughter and her son…sometimes having to change his diapers with one hand and my teeth.

    I actually wrote a book about the whole experience. You can read about it at http://www.ReportingForDoodie.com. There are letters posted there from my daughter and son-in-law describing how it feels to leave their son…the pain they feel…the questions they ask. If her mother really did say “she couldn’t do it”…shame on her! You can do it…you can summon your inner strength and do anything when you have to. I actually reinvented myself – inside and out – during the experience and got myself on Oprah because of it.

    Anyway…sorry for rambling. This is something that I feel strongly about. Coincidentally, I’m “reporting for doodie” right now – again – they’re both in Afghanistan. My daughter landed in Kabul just last night and her husband has been there since June. So now I’m back to taking care of my grandson, who is 5 now, and it’s very difficult, especially since I am worrying every minute about my child’s safety and that of her husband (who I love) at the same time. But I will do so proudly because it really is “service before self”…for us all…that’s the creed of military life. And she knew that when she went into the service.

    Reply
    1. Dameon Webb

      your entitled to your opinion, but we dont know what her mom, friends or family was going through. some people are able to deal with more than others, so its not fair to tell her mother to simply..man up! she did know this before she joined, but she was also told, and im sure, that the service will look out for your best interest, once you join. with that being said, if she was truly unable to find a caregiver, ok, give her the honorable discharge and move on. not throw her in jail and take her child from her..no matter how the cut go, she's a parent at the start and end of the day..that will always be put before the military period!

      this really did show that the military is only bout their "self" and their "service", and if your not willing to give in to their way of life, it'll cost you in the long run. im active duty military, and again we dont know all the facts, but i know alexis hutchinson, and i know that right is right and wrong is wrong, and what the army did to her was wrong

      Reply

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