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Accused but cleared, O-2 called back to duty

CLEVELAND — A congressman on Monday protested the return to duty of an Army officer who was cleared more than two years ago of killing two Iraqi civilians, saying he deserves more from the military that falsely accused him.

U.S. Rep. Steven LaTourette, R-Ohio, wrote a letter to Defense Secretary Robert Gates to ask that 1st Lt. Erick Anderson’s return-to-duty order be reconsidered.

“It is unconscionable that after all Anderson has been through — at the hands of the Army no less — that the Army thinks he should give it another go as if all is fine and all is forgiven,” LaTourette wrote. “This young man lost almost two years of his life defending himself against scurrilous and false murder charges.”

Anderson, of Twinsburg, Ohio, and now living in Iowa, separated from the Army in 2006 and went from active duty to inactive reserve. His lawyer Neal Puckett said Monday that Anderson has no comment.

Maj. Maria Quon, an Army spokeswoman, said Monday that military privacy regulations prevent her from commenting specifically about Anderson. An e-mail seeking comment was sent to the Department of Defense.

The officer must report to Fort Benning in Georgia on Aug. 3 and could be sent back to Iraq. Puckett said he will offer medical evidence that Anderson suffers from post-traumatic stress disorder and should not serve again.

Anderson was a platoon leader in an infantry regiment in August 2004. Four men in the 36-member platoon were convicted of murdering unarmed Iraqis during operations near Sadr City.

On Dec. 5, 2005, the Army dropped murder charges against Anderson, who was accused of giving soldiers in his platoon permission to kill two Iraqi civilians. Anderson could have gotten life in prison if convicted.

The charges were dropped after an Army investigator who presided over a hearing recommended that Anderson not face a court-martial. At the hearing, one soldier who had accused Anderson changed his story, and another refused to testify.

Quon said any soldier receiving an order to return to duty may request a delay or exemption and will not be mobilized until the matter is settled.