Syracuse (AP) --- A soldier who, tiring of routine garrison duties at West Point, left the army, re-enlisted in the paratroopers under an assumed name and became a World War II hero in France, has been declared a deserter by the Army, his attorney said Sunday.
   The attorney, Anthony F. Caffrey, reported that James Minker, 25, of Syracuse, was found guilty of desertion from May 5, 1942 to July 23, 1946, and was sentenced to two years at hard labor and given a dishonorable discharge.
   During the years Minker was accused of being a deserter, according to Caffrey, he actually was in Europe, under the name James H. Rowley, serving with t he paratroopers and later was a prisoner of war.  He received a presidential unit citation, two battle stars, the good conduct medal and, under the assumed name, was honorably discharged from the Army on his return to this country, the attorney added.
   Minker was turned over to military authorities last month after pleading guilty in Onondaga County Court to a charge of illegal possession of firearms.  Sentencing was delayed pending Army action on Minker's status.
   "Jimmy told me,"  Mrs. Minker said, "that he would rather receive a death sentence than a dishonorable discharge."
   Caffrey said the court martial sentence was announced at West Point, where the court sat, last Wednesday.  He said the decision is subject to review by the post commanding officer.  If upheld, Caffrey will ask a War Department review.