SAVANNAH, Ga., — An Army investigator has recommended a court-martial on desertion charges for a soldier who refused to deploy to Iraq. 

       Sgt. Kevin Benderman, 40, faces up to seven years in prison if the recommendation of the investigating officer — whose role is similar to that of a civilian grand jury — is followed by Fort Stewart commandersBenderman, an Army mechanic, refused to deploy with his 3rd Infantry Division unit for a second tour of duty Jan. 8, days after he told commanders he was seeking a discharge as a conscientious objector.
       A military judge halted Benderman's first trial May 11 and ordered a new preliminary investigation, ruling previous investigative hearings may have been biased against Benderman.
       Following that ruling, prosecutors added charges of larceny against Benderman, saying he accepted $2,922 in combat pay and related deployment bonuses while he remained in the United States.
       The hearing officer, Maj. David Bedard, said in his report released Friday that the larceny charges should be dropped, blaming the payments on an accounting error.
       Bedard's recommendation to Col. John M. Kidd, Fort Stewart's garrison commander, would leave Benderman in the same position as his prior legal fight: facing charges of desertion and missing movement in a general court-martial.
       Maj. Scot Sikes, Benderman's military defense attorney, applauded the recommendation to drop larceny charges, which carried a maximum penalty of 10 years.
       ''We're very pleased he saw the added charges for what they are — an administrative oversight by Army finance,'' Sikes said. ''As for the desertion and missing movement charges, we just feel like there's exonerating evidence that, at trial, will carry the day.''
       Benderman's attorneys have argued that at worst, the soldier had been absent without leave — a lesser charge than desertion — because he reported for duty the Monday after his unit's weekend deployment.