RALEIGH, N.C.--Months after the U.S. victory in the Persian Gulf, some Marines are still fighting a war--against the war. About 40 Marines, mostly reservists, face court-martial for refusing to go to battle.

"I've got to tell you I'm really shocked at how little publicity they've gotten nationally," said Hillary Richard, one of three New York lawyers representing many of the reservists. "I think for many people the war's over and they don't realize that some people are still in the throes of war."

Doing Time in Carolina

About 40 court-martial cases are at North Carolina's Camp Lejeune, the largest military installation on the East Coast. It's also home to the brig where at least 14 reservists are already doing time on guilty pleas in exchange for sentences limited to 18 months for desertion.

The Marines say they turned against warfare after enlisting. Yet most did not file for status as conscientious objectors--seeking a non-combat position or an honorable discharge--until after their units were activated.

Marine Corps officials speculate the presidential call-up took them by surprise. The Persian Gulf War marked the first time reservists have been an integral part of U.S. military conflict.

One exception is Pvt. Sam Lwin, who intends to be the first reservist to plead innocent to a desertion charge. The 21-year-old college student, born in Burma and raised in New York City, had seen posters promising adventure and job training.

"In my freshman year in college, my ex-roommate was in the Coast Guard and you know I look at him, I was impressed with him because I thought he was doing something to serve his country," Lwin said.

Lwin signed up for six years with the reserves in 1988, about the time he applied for U.S. citizenship. But the violence of drills clashed with the peaceful approach to life advocated by his Buddhist religion.

"I guess after boot camp I realized I was in the wrong place," he said.

"They have to yell at you to make you do something and I couldn't understand why," he said. "I was called once 'Chinaman' by my instructors. I wasn't expecting that when I joined the Marine Corps."

Lwin, who received about $140 a month for tuition from the Marine Corps in addition to his $100 monthly salary, said he didn't realize there was a way out until he received a flier at an anti-war forum last fall.

In November, just days after Lwin filed his conscientious objector application, beginning a process that can take months, his Bronx, N.Y., unit was mobilized. Lwin waited more than a week to report to duty.

Marine Corps prosecutors say he deserted, but Lwin's lawyers hope to make legal history by arguing that the mobilization order drawn up by the Defense Department exempts troops with pending conscientious objector claims.

Lwin is scheduled for a hearing today, and he risks more than just prison time. He can't become a U.S. citizen if he's court-martialed for desertion, and the charges have already delayed his application for citizenship, he said.

Religious and anti-war groups nationwide have rallied around the reservists. But in North Carolina, which provided more soldiers to the Gulf War than any other state, their plight has gone all but unnoticed in the jubilation surrounding the return of troops.

"What I'm surprised at is the Marine Corps is prosecuting them with such a vengeance," said Richard.

"I do believe the military, in particular the Marine Corps, feels that they have carte blanche to do what they want because they're riding a tremendous wave of popularity right now and they feel untouchable."

"As a society we have decided through Congress and the president we are going to have an all-volunteer force," said Lt. Col. John Atkinson, director of Camp Lejeune's legal services and himself a reservist.

"Therefore, if individuals are ordered to deploy...and they choose to dishonor those orders, we consider it a very serious offense," he said.