HONOLULU — The Army is allowing the first commissioned officer to be court-martialed for refusing to go to Iraq to resign from the service.

First Lt. Ehren Watada is to be discharged during the first week of October.
Watada’s attorney said in a statement Friday that the Army plans to grant the Honolulu-born soldier a discharge “under other than honorable conditions.”
Watada refused to deploy to Iraq with his Fort Lewis, Wash.-based unit in 2006, arguing the war is illegal and that he would be a party to war crimes if he served in Iraq.
His court-martial ended in mistrial.