BERLIN — A Munich court has rejected a U.S. soldier's asylum application in Germany, arguing that he hasn't exhausted all avenues to leave the military.

Spc. Andre Shepherd deserted from his Army post in southern Germany in 2007, claiming he wanted to avoid returning to Iraq where he feared being involved in war crimes. He was an Apache helicopter mechanic.

The 39-year-old, who has permanent residency in Germany because he is married to a German woman, took his case to court after German authorities rejected the asylum bid. 

The Munich administrative court noted in its ruling Thursday that Shepherd -- who is pictured above with his lawyer Reinhard Marx -- had repeatedly re-enlisted with the U.S. military.

The dpa news agency reported Thursday that Shepherd's lawyer plans to appeal the verdict.

A spokesman for the U.S. Army in Europe couldn't immediately comment on the case.

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