Instead, the soldier, who has served 17 years in the army, will likely be going to jail.
Lakin, a US Army physician faces up to three years in prison and dismissal from military service after pleading guilty Tuesday to charges of refusing his immediate commanders’ orders during his protest of the president.
Lakin refused to deploy to Afghanistan until he was given proof that Obama was born in the US.
At Tuesday's hearing at Fort Meade, Maryland, Lakintold the court that he still believes that questions surround Obama's presidency but that he should not have refused to deploy during his protest.
“I believed there was a question that needs to be answered to ensure a valid chain of command,” Lakin said, according to the military newspaper. “But I had asked every question, done everything else I could short of disobeying orders, without success.”
He still faces court martial on a second charge of missing his flight to Afghanistan. Conviction on that charge could bring a three-year prison sentence.
Questions surrounding the president’s citizenship were first raised during his presidential campaign, but were put to rest shortly thereafter. With the exception of a small fringe group who call themselves “birthers,” and insist that Hawaiian officials and Obama’s own people have covered up proof he was born in another country.
Lakin’s legal case has become the birthers latest crusade. His supporters have raised money for his defense costs for months, and released numerous online videos featuring him which question whether Obama is a natural-born citizen, as the US Constitution requires.
“I have no choice, but the distasteful one, of inviting my own court martial. For the first time in all my years of service to our great nation and at great peril to my career and future, I am choosing to disobey of what I believe are illegal orders, including an order to deploy to Afghanistan for my second tour of duty,” said Lakin in his YouTube birther video.
The military took him up on the court martial. Lakin pleaded guilty to refusing to meet with his superior commanders and refusing to report to duty. He pleaded not guilty to a secondary charge of not appearing for a scheduled military flight.
“Birthers” believe Obama is not native-born and therefore is ineligible to be president. This despite the fact that Hawaii officials have repeatedly issued statements that Obama was born in the state and that the health department holds a copy of his original birth certificate. A copy of the document even has been made available on the Internet.
A group of about 30 birthers attended Tuesday’s hearing at Fort Meade, and handed out leaflets with a picture of Obama labeled “usurper” and “ineligible.”
Lakin is a poster soldier for their birther movement, for the last 17 years prior to his court-martial proceedings, the flight surgeon served around the globe, racking up a chest full of medals.
At the hearing, Lakin told the court that he still believes that questions surround Obama’s presidency but that he should not have refused to meet with his superiors and report to Fort Campbell, Kentucky, while making his protest.
If convicted of the remaining charges, Lakin will lose also his military retirement benefits, which kick in after 20 years of service.
The Uniform Code of Military Justice says the maximum punishment for both offenses – deliberately missing his plane to Afghanistan and disobeying lawful orders - is a dishonorable discharge and up to two years in confinement. A guilty verdict could also result in forfeiture of his pay, which totals $7,959 a month, according to a charge sheet provided by a group sponsoring his defense.
