A federal judge ordered the move.
Twenty-four-year-old Corey Martin of South Dakota applied for discharge in December. Then the Army ordered him sent to Afghanistan on March 14th.
Lawyers for the New York Civil Liberties Union are representing Martin.
Martin joined the Army in June 2001. In court documents, he said his anti-war feelings surfaced during a Christmas visit with his family in 2002.
He said he realized his intelligence job, quote, "would cause the death of a person who might otherwise live."
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