Thank you for your continuing interest and support of the journey Dennis and Melissa Lipton have been a part of over the last few years. We are thankful that in large part this journey has seen closure through the dismissal from the Air Force that Dennis received in his court martial trial of November 16. Peace Covenant Church is blessed to have become acquainted with Dennis and Melissa, and to have had the opportunity to be their church family through these recent months. It will be a continuing joy to embrace them as they move forward with their future. We have established this link to our web site as an expression of our love and support of them, and as a witness to the truth of peace and non-violence that we embrace as a faith people. May God continue to guide and direct our faith conscience and our true witness to the Prince of Peace.
[ Background Information | Contact Info for Dennis and Melissa
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Date Posted |
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12/08/99 |
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12/08/99 |
Dennis J. Lipton, MD lives in Durham, North Carolina. He first became involved with the Air Force in April 1993 as a way to help pay for medical school. After months of struggling with his beliefs, he became a conscientious objector (CO) while attending medical school in Houston, Texas. His convictions grew from experiences treating patients who were victims of violence and war. He questioned whether he could participate in and sanction war when, as a physician, his mission is to protect and preserve life. In war, the mission of the military is to take life. In addition, he is bound by the Hippocratic Oath, which says, "I will abstain from all wrong-doing and harm." As this moral wrestling continued, his Christian faith deepened, and he began to apply the teachings of Jesus Christ to his dilemma. The answer soon became clear, and it was epitomized by a sermon he heard in May 1997 on the book of Romans, chapter 12, on how to handle controversy.
Dennis submitted an application for classification and discharge as a conscientious objector, along with an offer to repay all the money the Air Force had spent on his education, or to work in an unarmed branch of government such as the public health service. Despite the findings of the military chaplain, who advised the Air Force that his beliefs were sincere and deeply held, and his numerous letters of support, the investigating officer recommended disapproval of his application for discharge as a CO. He was notified that his application was rejected in January 1999. (We have learned that it is quite likely that the Air Force has NEVER approved a CO application from a physician, no matter how sincere).
He then received active duty orders to report to Gunter Annex Air Force Base (AFB) in Alabama for four weeks of military training. His convictions were stronger than ever, however, and he knew his conscience would not allow him to train and be a part of the military. He reported to Alabama and informed his supervisors of his pacifist beliefs and his inability to participate in any form of military training. It would violate his deeply held moral and religious convictions to do so.
After several weeks of uncertainty, he was told that he could submit a letter of "resignation in lieu of" (RILO) trial by court-martial. In addition, on the advice of the prosecution and his Air Force defense lawyer, he borrowed money and submitted a cashier's check for over $63,000 as repayment of educational debt. He was given a job in the civil service that he could do in good conscience while he waited in Alabama for the decision regarding the RILO. He was reassured that the chances of the RILO being approved were good, and Dennis continued patient and hard working in his civil service job.
In early October he found out that his RILO has been denied, and the cashier's check was returned to him. The Air Force proceeded to set a full general court-martial trial date of November 16. It was recognized that this particular court has a high conviction rate, and the possible sentence for his "crimes" could be over 10 years in military prison. If convicted Dennis would emerge a convicted felon.
One remarkable letter of support, among many that Dennis received prior to his trial, and later entered into evidence at the trial, was from Retired Chief Master Sgt. Michael Marotta, who directly supervised Dr. Lipton during his time at Maxwell AFB doing civil service. Marotta is a decorated military man with over 40 years service. Parts of that letter are as follows:
"Lt. Lipton is a doctor and a person who genuinely believes he has a responsibility to be of service to all human beings. He can't support an organization whose very purpose in being allows the possibility of harming others. . .For him, it's a matter of conscience. During my time in combat and as a first sergeant, I worked with a lot of people who claimed CO status. None of them ever persuaded me they were anything, but cowards or very lazy people given to excuses and a special willingness that allowed others to carry the load. Lt. Lipton is the exception -- the first one and only exception I have met in my 40 years of work with the military.
In the months that he has worked for me, while awaiting disposition of his case, we have had numerous discussions on matters of religion, culture (societal and personal influences) and life in general… I believe he is honest; I believe he is a wonderfully caring human being; I believe he is incapable of harming another life; I believe he is in all ways exceptional; I believe he is the person I have always wished I could be. I believe the world would be a lot better off if we were all like him. Finally, I believe if anyone qualifies for CO status, based on the most strongly held personal beliefs, beliefs that make it impossible for someone to serve in the military, Lt. Lipton is that person."
Major Chaplain Edward Foust, again, an Air Force officer, one chosen by the Air Force to interview Lipton, was another who spoke of Dennis and his faith convictions:
"Per your request, I was able to interview 2 Lt. Dennis J. Lipton on 26 Sep 97 for approximately one hour. From the interview, I was completely satisfied that 2nd Lt. Lipton's religious beliefs are very sincere and deeply held. It is my professional opinion that his beliefs are incompatible with serving in the United States Air Force. I base my opinion on the fact that 2nd Lt. Lipton has become a pacifist. Thus, he thoroughly believes that there is no moral reason for armed conflict. To him, all conflict can and must be solved in nonviolent means."
In addition, the following, who know and have been closely associated with Dennis in many different experiences and relationships offered further their reflections on Dennis and his convictions of non-violence.
Dr. Lipton came to us once and said, "Don't turn anyone away. If they don't have a penny, no insurance, still don't. I'll see them." I'd never heard that from a doctor before. I never saw a dishonest moment, or misrepresentation out of Dr. Lipton - only his caring nature, and patience.
-- Vietnam veteran Paul Ellington, a radiology technologist who worked closely with Dr. Lipton for 5 months at an urgent-care/primary-care clinic in rural North Carolina, which has since closed its doors.
Dennis is a kind and loving person with a gentle demeanor. He would avoid a fight at any cost and has never been involved in contact sports or like activity. Growing up, I used to go hunting, fishing, and sport shooting. Dennis would never get involved in any of those activities. He did not like shooting or fishing, as he would avoid hurting or killing anything.
-- Dr. Lance D. Lipton, Dennis Lipton's older brother.
2nd Lt. Dennis J. Lipton is my son, and we have been close since he was very young. He got along well in school and with siblings, was always cooperative and willing to help, and took his religion seriously... At age sixteen he received special community recognition for outstanding contributions to school, church, and community... He became troubled after starting to see victims of violence, particularly one veteran. The issue of violence took on a new dimension for him. He also became more troubled about the military mission. His religious convictions regarding violence also took on new meaning. We discussed this problem often, and I am convinced that he is quite sincere in his beliefs. As he came to feel strongly that he could not serve in the military, I suggested the alternative of serving the country in the Public Health Service. He was most willing to do so and expressed this to the Air Force
-- Merrill I. Lipton, MD, Dennis Lipton's father.
Dennis Lipton came to my office on January 10, 1997 to discuss a growing concern he had been having with respect to his ability to fulfill his obligation to the Air Force under the Health Professionals Scholarship Program. I recall that Mr. Lipton told me that he did not believe he could serve in good faith as an Air Force physician, because he did not want to contribute to the violence that the Air Force would necessarily inflict in war. He talked about how his beliefs began to change in his third year of medical school after he began his clinical rotations. His having to care for victims of violence during his emergency room rotation caused him to begin to think about his role in the violence of war.
The concerns Mr. Lipton shared with me made me think that he might qualify for discharge as a conscientious objector. When I told him this, he was surprised to learn that what he was going through even had a name, much less that it might qualify him for a discharge. I told him that applying for discharge as a conscientious objector was a serious matter, and that he should think long and hard before he applied for such a discharge. I also advised him to seek out counsel from people who knew more about it than I did.
My January 1997 conversation with Dennis Lipton stands out in my mind, because in my 14 years as the Associate Dean for Student Affairs, Dennis was only the second student to come to me with similar concerns. I often hear from HPSP students who want to be released from their obligations -- but Dennis is only the second one who has ever expressed concerns which led me to believe that they were conscientious objectors.
-- Margaret C. McNeese, MD, Associate Dean for Student Affairs, in a letter written on behalf of Dr. Lipton.
Since our inception in Schwarzenau, Germany in 1708, we (Church of the Brethren) have become known as one of the Historic Peace Churches based upon our tradition and heritage in relation to war and violence. Dennis has embraced us easily, and with his own personal story he has given us reason to rethink and reaffirm our convictions in regards to continuing the work of peace that Jesus clearly calls us to.Dennis and I have spent many moments together defining just what this call to peacemaking looks like. It is clear that he has spent many, many moments alone and in the counsel of others, and in quiet prayer, developing for himself a definition that has no room for what he once thought might be a good and honorable career within the military. He is not the first. A dear mentor of mine in ministry found his heart of peace only after experiencing the struggles of conscience that his military career brought clearly into focus. Certainly, the body of faith as I mentioned earlier, as well as the "body of peace" has many different and unique faces. The pacifist tradition is one, the military tradition is another. For Dennis to be honest and loyal to his faith he must choose that which his heart dictates. To serve in the military would not just feel wrong for him, it would tear at the very fabric of which his faith is grounded. Sadly, this recognition came following his enlistment and therefore complicates the issues of service. After speaking with Dennis and sharing with he and his wife, I am convinced he would honor his commitment to serve within the military if his heart would allow. He does not take such commitments lightly. This I think is demonstrated by his offer to completely reimburse the Air Force for his medical training. For Dennis though, his heart of faith conviction has been clearly defined. His only faithful option is that of seeking release as a conscientious objector. I applaud Dennis for his courage and respectfully request that you accept this young man's heart felt appeal.
-- Pastor Phillip L. Jones of Peace Covenant Church of the Brethren in Durham, NC.
Countless persons from across the ecumenical spectrum wrote letters to the President, congresspersons, and other political leaders on Dennis’ behalf. Many knew him well, as did those above, and others did not know him at all, but fully supported the stand of conviction and faith which Dennis represented. Petitions and resolution were generated, and circulated, and presented to appropriate authorities and individuals.
Despite these numerous pleas of consideration and or leniency through correspondence prior to the trial, or actual testimony during the trial, the Air Force Military court moved forward with its well oiled wheels of justice.
As a response to the military's failure to release Dennis as a Conscientious Objector and proceeding to trial, Lipton obtained the services of private counsel, Mr. Louis Font of Boston, Massachusetts. Font is an independent, civilian criminal defense attorney who has been practicing military law for over 22 years. He is admitted to practice before the U.S. Court of Appeals for the Armed Forces, which is the highest level military appellate court (and which consists of civilian judges), and before the Army, Navy/Marine Corps, and Air Force Courts of Criminal Appeals (which consist of judges who are on active duty in the military).
On behalf of Lipton, Peace Covenant Church has requested that the Church of the Brethren establish a legal defense fund to assist in covering defense costs. To date Dennis has spent over $32,000.00 in legal fees. Persons wishing to contribute should make their checks payable to the Church of the Brethren General Board and mail to:
Dennis Lipton Legal Defense Fund
Brethren Witness Office
1451 Dundee Avenue
Elgin, IL 60120.
Please be sure to note "Dennis Lipton Legal Defense Fund" on your check. Checks may also be sent to Peace Covenant Church, 601 East Hwy. 54, Durham, NC 27713.
On the eve of the trial, Nov. 15, twenty-eight persons gathered at the Immanuel Presbyterian Church in Montgomery for a time of worship, prayer, and singing. This was an ecumenical service attended by representatives of the Baptist, Presbyterian, Mennonite, Friends, Roman Catholic, and Church of the Brethren faith traditions, as well as family members and friends. Hosted by pastor Phil Jones and the Peace Covenant Church, with the assistance of Ben Simmons, of the Swatara Hill, PA congregation, this service gave affirmation and support to Dennis and Melissa and brought into perspective the many different faith traditions as they speak the message of peace. David Radcliff, of the Brethren Witness office, and Ken Sehested of the Baptist Peace Fellowship, were among those who brought words of greeting and encouragement.
Dennis Lipton's court martial trial convened at 8:25 am Tuesday morning, November 16, 1999, in a courtroom on Maxwell Air Force Base. In a move that gave all a scare, the judge, William Orr, noted that Dennis was not dressed in a military uniform as required by military trial regulations. He asked Dennis if he had a uniform in which he could dress if the judge ordered him to do so. Dennis admitted that he did. The judge then advised Dennis that his failure to wear a uniform might prejudice a jury against him and ordered a recess for Dennis and his attorneys to confer regarding his decision whether or not to wear the uniform. After the recess, Dennis informed the judge of his decision not to wear a uniform. After Louis Font, Dennis' civilian attorney, assured the judge that no disrespect was intended, the judge informed the courtroom that he had decided not to convene a contempt of court hearing against Dennis.
As the trial progressed, Dennis elected to be tried solely by the judge, and not by a panel of other military officers (the equivalent of a jury). That being decided, the charges being brought against Dennis were detailed:
Dennis entered pleas of guilty to the first two charges and not guilty to the third charge. For the next hour, the judge explored various aspects of the first two charges. A pretrial agreement had been reached between the prosecution and defense that required Dennis to enter guilty pleas to those charges. In exchange, the prosecution dropped the third charge and recommended undisclosed limits on any penalty to be imposed. The judge accepted the guilty pleas, and the trial moved immediately into the sentencing phase. The defense called three witnesses to testify to Dennis' sincerity and character: Pastor Phil Jones (Dennis' pastor), Lt. Col. Gail Waller (the commanding officer of the Services Squadron in which Dennis has had his civilian placement since April), and Mike Marotta (Dennis' immediate supervisor in the Services Squadron). All three gave glowing testimony on Dennis' behalf. Lt. Col. Waller indicated that Dennis had "made a very valuable contribution to our group, our activities" in his civilian placement. Furthermore, she stated, "his commitment to service is strong." Mr. Marotta, a retired Chief Master Sergeant with 39 years of military experience, testifying over the telephone from Texas, indicated that Dennis was the first person in his experience who had ever convinced him of his sincerity as a conscientious objector. He called Dennis "a man of integrity and honor" and said "if we were all like them [sincere conscientious objectors] we probably wouldn't have the problems we have." After a break for lunch, Dennis read a statement explaining his convictions and why they led him to the decisions they did. Closing arguments were presented with the prosecution arguing for:
Defense attorneys presented an argument that no penalty should imposed. At 4:00 PM, the trial adjourned for the judge to consider sentencing. After a 3-hour deliberation, the judge returned and delivered his verdict: a $30,000 fine, 6 months imprisonment, and dismissal from the USAF. However, the effect of the pre-trial agreement was to limit the maximum penalty imposed. That agreement limited the total jail-time to no more than 5 days. Therefore, the actual sentence imposed was a $30,000 fine, 5 days in jail, and dismissal from the Air Force.
Dennis was taken into immediate custody following his conviction and personal good byes to family and friends. Dennis was held from Tuesday evening on the 16th through Saturday the 20th in the Maxwell Air Force Base Security Forces Detention Center. Upon his release Dennis completed required paper work and returned to his home in Durham, NC. Dennis anxiously anticipates returning to his work as a physician.
My long journey has finally led me back home to live with my wife in Durham. Thank you to everyone who has visited the site and supported me through this dark valley. Just knowing that you are all out there, and that you care and are lifting my wife and me up in prayer is very comforting and reassuring. I also wanted to say a special thanks to everyone who felt led to contribute to my defense fund. It has been a huge unexpected blessing.
I am also very grateful that my time in jail was only five days. Although it is an experience that I won't soon forget, it was not the horrible nightmare that I had dreamed up in my head. I had running water, three meals a day, and a bed to sleep in, which is more than many people in this world could ever hope to have. The experience was also made infinitely more bearable by the daily visits of Pastor Phil of Peace Covenant, who was kind enough to stay in Montgomery during my incarceration. In addition, I'm grateful that the guards seem to have made an exception in letting him visit each day. I am so grateful to be back home. Just a month ago, I was still in the throes of frantically getting ready for the trial, fearing the unknown, and preparing for the worst. Just a month ago I would have given anything to be where I am now, a free man, spending my time how I choose without fear of long-term incarceration in the near future. God has truly blessed me. I am very blessed to be able to spend the holidays as a free man, and to have a loving wife to spend them with, and to have a home to spend them in. Thanks again to everyone who helped make it all possible through lifting me up in prayer_it really works!
Peace, Dennis
You may write Dennis and Melissa Lipton at:
2807 Beckett's Ridge Drive
Hillsborough, NC 27278
E-mail: denandmel@juno.com.
Persons are still encouraged to sign this resolution of support as presented to the Virlina District Church of the Brethren on November 12, 1999. To date, over 400 people have signed this document representing only a small portion of those who support and affirm belief in peace and non-violence as demonstrated through the witness of Dennis Lipton.
peacecovenant@mail.com