André Shepherd André Shepherd is a U . S . Army Specialist and deserter who applied for asylum in Germany on November 26 , 2008 . He is the first Iraq War veteran to pursue refugee status in Europe and only the second U . S . soldier to ever apply for refugee status in Germany . Background . After attending college Shepherd enlisted in the military early in 2004 . He claims he was enticed by promises of financial security and international adventure . Service in Iraq . U . S Army 412 Aviation Support Battalion Specialist ( E - 4 ) Deployment : September 2004 - February 2005 Shepherd became an Apache helicopter airframe mechanic , hoping to someday qualify up to the role of helicopter pilot . His first unit was deployed to Iraq when he completed his training . Shepherd spent six months on a forward operating base near Tikrit , working 12 - hour days to keep the heavily armed Apaches ( and their signature Hellfire missiles ) in the air . Asylum Seeker in Germany . Shepherd decided that he could no longer support the war in Iraq . He felt he could not apply for conscientious objection because U . S . military regulations state a conscientious objector must have an objection to all war in all form . Shepherd ' s objection was not in opposition to all wars under any circumstances . On April 11 , 2007 Shepherd went Absent Without Leave ( AWOL ) from his Katterbach base in Germany . Shepherd ' s application for asylum cites a European Union regulation providing refugee status to a soldier who is in danger of being prosecuted if military service " would include crimes or acts " which violate international law . The application refers to the Nuremberg Trials ( also see Nuremberg Principles ) , stating " It is established that a person cannot defend his or her actions by explaining that they had simply been following orders . " Shepherd stated on the grounds of his decision : “ We should not be forced to fight an illegal war , nor should we be persecuted for refusing to do so ” and “ During the past five years we have waged a preemptive , internationally condemned war that was shown to be founded on a series of lies . After learning the truth about the nature of my military ’ s endeavors , I refuse to continue to be a part of this . ” Shepherd ' s asylum application in effect asks Germany to define the war in Iraq as a violation of international law , which has led to opposition from some German politicians to the application , over worry that it could harm US – German relations . Has been working with the Iraq Veterans Against the War for the past few months and has been a part of Winter Soldier : Europe that took place in Germany on March 14 , 2009 . Videos of the event where posted to YouTube by the IVAW . Shepherd has managed to do very well out of his decision to desert , saying in an interview with the Wall Street Journal , ' I ' m having the time of my life ! ' He has been given his own bed and room at the refugee detention center , and has received numerous other perks such as a cell phone , free language lessons from an asylum support group and a bank account periodically filled by his supporters . The German printed Greenpeace magazine reported in its February 2009 edition about this asylum case . On April 4 , 2011 , the German government announced that it had denied Shepherd ' s asylum application . On April 7 , 2011 , Sheperd launched an appeal against the rejection . On January 23 , 2013 , the administrative court in Munich was supposed to have heard his case . However , the hearing was cancelled . The court sent a request for a preliminary ruling to the [ European Court of Justice ] in [ Luxembourg ] for clarification on applicable [ European Union ] laws . Shepherd ' s appeal to the German court has been stayed pending the outcome of the European Court of Justice ruling . Honors . On February 7 , 2009 André Shepherd was awarded with the Peace Prize " Peace through Conviction " of the Munich American Peace Committee . The award was presented in the context of protest activities against the Munich Conference for Security Policy .