Tuesday, December 1, 2009

Supreme Court throws out Korean war veteran's death sentence

Supreme Court throws out Korean war veteran's death sentence

By David G. Savage

December 1, 2009


PTSD must be considered by a jury, the justices rule for the first time in a Florida case in which murderer George Porter's own lawyer didn't know he served in the Army, earning two Purple Hearts.


Reporting from Washington - The Supreme Court on Monday threw out a death sentence for a decorated Korean War veteran, ruling for the first time that combat stress must be considered by a jury before it hands down the harshest punishment.

"Our nation has a long tradition of according leniency to veterans in recognition of their service, especially for those who fought on the front lines as [George] Porter did," the justices said in a unanimous, unsigned opinion. "Moreover, the relevance of Porter's extensive combat experience is not only that he served honorably . . . but also that the jury might find mitigating the intense stress and mental and emotional toll that combat took on Porter." George Porter Jr. was convicted in the 1986 shooting deaths of his ex-girlfriend and her then-boyfriend in Florida during a drunken rage. But the jury that sentenced him was never told -- and his appointed lawyer did not know -- of his military service more than three decades earlier.

In the past, the high court has set aside a handful of death sentences because a defense lawyer failed to tell jurors of crucial "mitigating evidence" that probably would have persuaded them to spare his life.

Monday's decision appears to be the first in which the court has said post-traumatic stress disorder was the type of circumstance that called for leniency. It comes as thousands of U.S. soldiers are being treated for PTSD suffered as a result of the wars in Iraq and Afghanistan.

Both the Florida Supreme Court and the U.S. 11th Circuit Court of Appeals in Atlanta had upheld Porter's death sentence, despite his overlooked military record. But the high court said those decisions were mistaken.

"George Porter is a veteran who was both wounded and decorated for his active participation in two major engagements during the Korean War; his combat service unfortunately left him a traumatized, changed man," the justices said.

The opinion put defense lawyers in capital cases on notice that they have a duty to look into their client's background and to tell jurors about any mitigating evidence that would call for leniency. In Porter's case, his lawyer testified later that he had only one short meeting with his client before the trial and that he did not meet with Porter's family and was unaware of his military record.

That information came to light only after Porter's conviction in the Florida state courts. When Porter's case was appealed in the federal courts, a new lawyer contacted his family, looked into his background and found new witnesses to testify for him, including his company commander from Korea.

To escape what the court called a "horrible family life" -- which included his father beating him and trying to shoot him -- Porter enlisted in the Army at 17. He was sent to fight on the front lines in Korea. Twice his division was left to hold back charging Chinese troops while the U.S. 8th Army retreated to the south. Porter's unit fought hand-to-hand combat over five days and nights at Kunu-ri.

Less than three months later, Porter's unit was cut off again from the 8th Army and forced to fight alone against a Chinese unit at Chip'yong-ni. Porter was wounded in both battles, and half of his comrades were killed or wounded. Lt. Col. Sherman Pratt testified in a post-conviction hearing that these were "very trying, horrifying experiences." Porter was awarded two Purple Hearts and a Combat Infantryman Badge, along with other decorations.

Porter went AWOL after he returned to the United States. He was imprisoned but later honorably discharged, according to court documents, and never adjusted to civilian life. He suffered from nightmares, drank heavily and was prone to violent and impulsive behavior.

More than 30 years after his combat experience, Porter was charged with shooting and killing Evelyn Williams and Walter Burrows. There was little doubt of his guilt. Porter first decided to represent to himself, and then asked to plead guilty halfway through the trial. That evening, he tried to commit suicide in jail.

The Supreme Court focused only on whether Porter deserved to die or serve a life term in prison. Had the defense lawyer told jurors of Porter's life history, they would likely have spared him the death penalty, the court said.

By today's standards, Porter would have been diagnosed as suffering from PTSD, the court said. It cited recent testimony before Congress from Veterans Affairs Secretary Eric K. Shinseki, who reported that 23% of those who have served in Iraq and Afghanistan and sought treatment through the VA had been "preliminarily diagnosed with PTSD."

The court noted that two states -- California and Minnesota -- provide a special sentencing hearing for veterans who are convicted of crimes and may be suffering from post-traumatic stress disorder.

Among the justices, only John Paul Stevens served in the armed forces during wartime. He was a Navy intelligence officer in the Pacific during World War II. Several others, including Justices Anthony M. Kennedy, Stephen G. Breyer and Samuel A. Alito Jr., also served in the military.

david.savage@latimes.com
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I am torn on this one, I also suffer from PTSD, is it an excuse to break laws, I don't think so, but as a mtigating factor, yes it should be something the jury considers when deciding if a defendant should live the rest of their life in prison or be sentenced to death. To have a jury make that decision without this information was a dis-service to them and to the person on trial, to the community as a whole. People with mental health issues should have the benefit of the full story about them being told, not just the bad, but the full scope of all of their problems with society, WAR and other factors that develop PTSD like the mans father trying to kill him before he ever went to war, he was already damaged before he ever went to Korea, but the fighting with the North Koreans and the Chinese was the icing on the cake.

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Soldier in suit over chemical is dead

Soldier in suit over chemical is dead

Guard commander said exposure to carcinogen in Iraq caused his cancer
By Jason Thomas
Posted: December 1, 2009

A funeral is set today for a retired Indiana National Guard commander who testified in October that exposure to a lethal carcinogen in Iraq caused his cancer.

Lt. Col. James C. Gentry, 52, Williams, Ind., died of lung cancer Wednesday. His death is a poignant marker in a pending federal lawsuit; his life inspired a federal bill working its way through Congress.

Maj. Gen. R. Martin Umbarger, Indiana's top National Guard general, will attend the service at noon at Kraft Funeral Service in New Albany in Southern Indiana.

"He was a very good person who cared for his soldiers and his family," Lt. Col. Deedra Thombleson, the Indiana National Guard's public affairs officer, said of Gentry, who retired in February 2008 after 22 years of service. "He came forth and talked about the issues, hoping it would draw attention to what he and his soldiers had gone through."

Gentry, who was diagnosed with cancer in 2006, last spring joined a federal lawsuit filed in December 2008. It accuses Texas-based KBR and several related companies of concealing the risks faced by 136 Indiana National Guard soldiers potentially exposed to a cancer-causing agent, according to the Department of Veterans Affairs.

The suit originally was filed on behalf of 16 Indiana soldiers but has grown to 47 plaintiffs, including the family of a soldier, David Moore, Dubois, Ind., who died of a lung disease in 2008.

Most of the plaintiffs served with a Tell City unit sent to Iraq with the Indiana National Guard's 1st Battalion, 152nd Infantry Regiment, based in Jasper. For three months beginning in May 2003, the unit provided security for KBR employees charged with rebuilding the Qarmat Ali water-pumping plant near Basra.

The lawsuit says sodium dichromate, an industrial chemical normally used to remove pipe corrosion, contained heavy doses of the toxin and had been spread around the site, possibly by fleeing loyalists of ousted President Saddam Hussein.

The carcinogen, hexavalent chromium, is known to heighten the risk for cancer of the lungs and respiratory tract and is one of the most dangerous carcinogens rated by the U.S. Environmental Protection Agency, said Mike Doyle, the Houston-based lead attorney on the lawsuit.

A funeral is set today for a retired Indiana National Guard commander who testified in October that exposure to a lethal carcinogen in Iraq caused his cancer.

Lt. Col. James C. Gentry, 52, Williams, Ind., died of lung cancer Wednesday. His death is a poignant marker in a pending federal lawsuit; his life inspired a federal bill working its way through Congress.





Maj. Gen. R. Martin Umbarger, Indiana's top National Guard general, will attend the service at noon at Kraft Funeral Service in New Albany in Southern Indiana.

"He was a very good person who cared for his soldiers and his family," Lt. Col. Deedra Thombleson, the Indiana National Guard's public affairs officer, said of Gentry, who retired in February 2008 after 22 years of service. "He came forth and talked about the issues, hoping it would draw attention to what he and his soldiers had gone through."

Gentry, who was diagnosed with cancer in 2006, last spring joined a federal lawsuit filed in December 2008. It accuses Texas-based KBR and several related companies of concealing the risks faced by 136 Indiana National Guard soldiers potentially exposed to a cancer-causing agent, according to the Department of Veterans Affairs.

The suit originally was filed on behalf of 16 Indiana soldiers but has grown to 47 plaintiffs, including the family of a soldier, David Moore, Dubois, Ind., who died of a lung disease in 2008.

Most of the plaintiffs served with a Tell City unit sent to Iraq with the Indiana National Guard's 1st Battalion, 152nd Infantry Regiment, based in Jasper. For three months beginning in May 2003, the unit provided security for KBR employees charged with rebuilding the Qarmat Ali water-pumping plant near Basra.

The lawsuit says sodium dichromate, an industrial chemical normally used to remove pipe corrosion, contained heavy doses of the toxin and had been spread around the site, possibly by fleeing loyalists of ousted President Saddam Hussein.

The carcinogen, hexavalent chromium, is known to heighten the risk for cancer of the lungs and respiratory tract and is one of the most dangerous carcinogens rated by the U.S. Environmental Protection Agency, said Mike Doyle, the Houston-based lead attorney on the lawsuit.
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Gentry, who commanded more than 600 soldiers, did not smoke.

The Indiana lawsuit is one of five across the country involving several hundred soldiers potentially exposed to the carcinogen, according to Doyle. Lawsuits have been filed in Oregon, West Virginia and Pittsburgh. In all, more than 600 troops from Indiana and three other states could have been exposed, according to the U.S. Department of Veterans Affairs.

The Indiana suit claims many soldiers who served at the plant are developing rashes and other health problems.

"I don't know what kind of impact it will have on the lawsuit, but it's a terrible loss for his family and Indiana and the soldiers who served with him," Doyle said of Gentry's death.

The original complaint claims KBR had early indications of a chemical risk before the soldiers arrived.

"KBR's commitment to the safety and security of all employees, the troops and those we serve is the company's top priority," Heather L. Browne, the company's communications director, said in a statement. "KBR did not knowingly harm troops."

The last of Gentry's two depositions in the case came in October at his Southern Indiana home, where he had hoped to live out his retirement with his wife, LouAnn.

"His wife," Thombleson added, "does not want his death to be in vain."

A few weeks after the deposition, U.S. Sen. Evan Bayh, D-Ind., spoke with Gentry on the phone. His story and that of his fellow soldiers stirred Bayh to write the Health Care for Veterans Exposed to Chemical Hazards Act of 2009, which is now with the Senate Veterans Affairs Committee.

The legislation would make affected soldiers eligible for medical examinations, laboratory tests, hospital care and nursing services. It also would recognize a veteran's own report of exposure and include it in a Department of Defense registry.

Passage of the legislation would be a fitting tribute to a soldier who gave all, those who knew Gentry say.

"He was just a great people person and cared about his soldiers," Thombleson said. "His loyalty to his soldiers, even when he passed away, was still there."

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SC WWII vet's battle ends in gunshot at VA clinic

SC WWII vet's battle ends in gunshot at VA clinic

By JEFFREY COLLINS, The Associated Press Sunday, November 29, 2009 12:29 AM

SC WWII vet's battle ends in gunshot at VA clinic

GREENVILLE, S.C. -- On the last day of his long, troubled life, Grover Cleveland Chapman packed a black duffel bag, washed out his coffee cup, put it in the dish rack and fetched his Smith & Wesson.

He threw away his favorite slippers and left his house key on his bedside table in the two-bedroom yellow bungalow he shared with his daughter, tucked in an aging neighborhood full of 1950s starter homes a few miles from downtown Greenville.

Harriett Chapman called as she always did on her morning break at the Walmart deli, checking on her 89-year-old dad. Everything is fine, he told her.

As he shuffled down the steps that spring morning in 2008, Grover Chapman carried the latest letter denying him treatment at the Veterans Affairs clinic in Greenville, directing him instead to take a 200-mile round trip to the VA hospital in Columbia. This time it was about his prostate cancer, though Chapman had received plenty of notices just like it turning him down for help with his jumpiness and frayed nerves. He folded this letter neatly into the bag beside his bottles of medicine and settled into a taxi.

In a few weeks, candidate Barack Obama would take note of what Chapman would do upon arriving at the clinic this last time, calling it an indictment of society's treatment of disabled veterans.

And maybe that's what it was. Or maybe Chapman just didn't want his daughter to have to come home and find him.

Perhaps this was simply an old man choosing when, where and how to close a life that had turned out, like so many, a good bit messier than he would have liked.

Before heading to the clinic, Chapman had one stop to make. He directed the cabbie to Dewey's Pawn Shop.

His .38-caliber revolver was out of bullets.

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The Army made Chapman a sharpshooter in the late 1930s and sent him to the Panama Canal. He spent another two years in the Navy at the end of World War II, manning machine guns on Liberty Ships, merchant marine vessels that moved supplies and men around the world. More than 200 of the 2,700 Liberty Ships were sunk by the Japanese and Germans.

Long into his old age, Chapman spent hours telling military psychiatrists about seeing men buried at sea and how he couldn't stand the thought of having to kill another person. He reported frequent nightmares and flashbacks, according to his military psychiatry records given to The Associated Press by his family.

Yet it's unclear how much action Chapman really saw or whether he ever took a life.

Other military records show most of Chapman's half-dozen trips across the Atlantic were uneventful, with ships' logs indicating no deaths or enemy attacks. On Jan. 3, 1945, a ship in his convoy was torpedoed. Machine gunners like Chapman were sent to their posts, while others helped rescue sailors in lifeboats. No one died, and the submarine responsible was never found.

Only the eldest of Chapman's seven children heard their father's more troubling stories.

"He saw injured soldiers, and I think that really took a toll on my dad," said Diane Perkins, who lives just a couple of blocks from where her dad last lived. "He used to tell me when they came in from port, the guys were blind and couldn't see and when they got to the Statue of Liberty, they'd say, 'Just turn me toward her. I know I can't see her, but turn me toward her.' My dad was a very sensitive person."

Chapman's military service left him intense and organized and a strict disciplinarian, spooked by loud laughter or talking, Perkins said. Psychiatrists didn't have a formal diagnosis for post-traumatic stress disorder for another 30 years, but plenty of World War II vets suffered from it silently, said Richard Cohen, the executive director of the National Organization of Veterans' Advocates.

"These guys came home, they would be anxious. They would be squirrelly or have no emotions. They would drink, they wouldn't talk about what happened," Cohen said. "They had all these symptoms of PTSD, but they would never be diagnosed."

The VA turned down Chapman's PTSD claims a half-dozen times, even though psychiatrists mentioned he had elements of PTSD as early as 1990. For the rest of his life, his records make frequent reference to PTSD, but the VA kept denying his claim for extra disability without a great deal of explanation.

Even if Chapman didn't witness everything he would later say that he saw, troops don't have to dodge bullets and bombs to suffer mental problems. The stress of spending night after night staring at the horizon for enemies could trigger PTSD, as well as seeing buddies hurt in training accidents or in storms, said Cohen, who never met Chapman. Even taking care of others traumatized by battle could cause emotional scars that never heal.

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Chapman dropped out of school to support his family at 13, and when he left the Navy, he went back to work in the textile mills in Ware Shoals. After he was laid off in the 1950s, he moved the family to Greenville, saying he never wanted them to work in the mills. He became a machinist helping to make lawn mowers and similar equipment at Homelite until he had a nervous breakdown in the late 1960s. He never worked regularly again.

Chapman blamed his military service for the breakdown and asked the VA to pay him 100 percent disability. The military denied the problems were service-related, instead blaming the stress from dealing with his youngest daughter, Caroline, who had to be institutionalized with Down syndrome. The VA would eventually consider him 60 percent disabled from prostate problems he suffered during his service.

Chapman depended on the VA, Social Security and his family for the rest of his life. The amount of disability and the amount of money he got from the VA fluctuated. The agency said it stands by its decisions in Chapman's case.

The mental problems became too much for his marriage, and Chapman and his wife divorced in 1975 after 34 years together. Chapman lived alone for most of the rest of his life, remarrying twice for short stints. He saved his money and traveled. He tried not to miss "The Price Is Right" and "Wild Kingdom." He went fishing. He visited with his World War II buddies and swapped stories.

A heart attack in November 2006 left Chapman with a pacemaker and tens of thousands of dollars of debt. With his health slowly declining, Chapman started to plan for the future.

He got on a waiting list for a VA nursing home because he did not want to have to wait a year once he got too feeble to take of himself. He was going to need treatment for prostate cancer, so he asked for a waiver to have the tests and procedures done in Greenville, instead of the 100-mile ride to the big VA hospital in Columbia.

By April 2008, the nursing home decision was dragging. Then came a letter denying him extra money to have someone take care of him at home or pay more of any nursing home bill and a phone call telling him he would have to take care of his prostate problems in Columbia.

The VA reversed its decision on treatment less than six hours later after receiving additional information, but Chapman's daughter said she never received a letter or a phone call.

Harriet Chapman made hamburgers for her father the night of April 23, 2008. They talked about the denials. She told him not to get down.

"Every time I ask the VA for something, they just turn me down," she remembered him saying, a line Obama repeated in recounting the story less than three weeks later at a campaign appearance in West Virginia.

"How can we let this happen? How is that acceptable in the United States of America?" the future president said. "The answer is, it's not. It's an outrage. And it's a betrayal - a betrayal - of the ideals that we ask our troops to risk their lives for."

---

The taxi took Chapman to the pawn shop. After he bought bullets, he went on to the VA clinic. The driver passed the main entrance and dropped him off at the ambulance bay on the side of the building. Chapman tipped the cabbie $4.

There are no surveillance cameras and no one saw everything that happened next, but Greenville County Deputy Coroner Mike Ellis has pieced together a scenario based on evidence:

Chapman loaded all six bullets in the chamber, sat down, put the gun to the right side of his head and pulled the trigger. Doctors and nurses, some who took care of Chapman for years, heard a pop and rushed out to see what happened.

Harriet Chapman figures her father wanted to make one last stand against the VA.

"If he just wanted to kill himself, he would have done it behind the shed in the back yard," Harriet Chapman said. "He wanted to bring attention to what the VA had done to him and how they treated veterans."

But Grover Chapman left no suicide note. He appears to have spoken to no one at the VA that day and decided to take his life by the side door, where mostly doctors and nurses come and go, instead of the clinic's bustling front entrance or lobby. His bag contained all the items needed to identify him. And he almost guaranteed it would be medical professionals used to dealing with death who found him, sparing his family the shock of seeing the kind of things that haunted him since those days on the Liberty Ships, far out in the Atlantic.

Suicide was never far from Chapman's mind when he talked to his psychiatrists. Sometimes he expressed his suicidal thoughts so urgently he ended up in a VA mental hospital, like in 1998, when a psychiatrist noted the veteran told him "he is taking up space and damn tired of living." A note from a visit in November 1985 is especially chilling: "When I attempt to kill myself, I will succeed," Chapman told a doctor.

The doctors and nurses at the clinic received counseling after Chapman killed himself. The counselors stressed that they had done all they could by regularly checking his mental state. "People that truly want to commit suicide do not tell anyone beforehand because they want to be successful," VA spokeswoman Priscilla Creamer said.

---

The coroner's office released Grover Chapman's body to his family that Friday afternoon, a day after he died. They buried him Saturday morning and six of his children were there. The only one missing was Caroline, whom Chapman used to visit at a group home in Clinton a couple of times a month until his health began to decline.

Chapman had already planned his funeral and demanded it be kept simple. He was buried in his pajamas because he said it made no sense to dress him up after he died. No obituary ran in the local paper. There was no chapel service, just a preacher saying a few words to the 30 or so gathered at the graveside and reading a note written by the young grandson he lived with.

The family did one thing that wasn't on Chapman's list. The funeral home noted he served in the Army and Navy and asked if they wanted an American flag to drape his casket. The family agreed.
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I am a disabled veteran that lives in South Carolina, when I moved here from Georgia back in 2003 I attempted to transfer my healthcare from Augusta VAMC to Dorn VAMC, the experience was less than enjoyable. They spent many visits to the Emergency room showing me that I did not want health care from Dorn VA, one nurse spent one visit, complaining about vacationing veterans that come into Dorn wanting expensive refills of medication they receive from their VAMC back home and they have either run out, or lost of left the medications at home. How expensive it was, despite the fact that Dorn VA had expensive paintings every 4 feet along their hallways.

I was 5 minutes late to a mental health appt at Dorn, the receptionist treated me like a dog, I had a very bad night and didn't fall asleep until around 5 am, the appt was at 9, we got there at 9:05 they would have to rechedule a new appointment a month away.

I was never treated at Augusta VAMC like this, I have an excellent primary care doc, a excellent cardiac doc, and a fantastic psychiatrist, who has been treating me since I started treatment at the VA, I am 100% P&T for PTSD, and 60% CAD and 10% hypertension despite the fact my SSD was approved based on my VA medical records, I should also have a 100% rating for my cardiac problems, but I am SMC S and it's not going to change if I am 60% or 100% for CAD, so it's not worth fighting with the VARO over.

But until I am ready to die, I will never seek treatment again at Dorn, Augusta VAMC dental clinic made me a new set of dentures this year, the dentist that did the impressions and made the plate was fantastic, when he learned that lived more than 70miles away he made both the upper and lower impression on the same visit, normally the conic has it set up due to time constraints to only making one impression each visit, he took the extra time to save my wife and I another 140 mile roundtrip, and the dentures were the quality of the 1000 dollar set, most denture clinics have three version 300, 600 and the 1000 dollars, so the VA has treated me right in Augusta, well Columbia SC not so much....................

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Friday, November 27, 2009

Vets Shielded From Health Care Reform

Tom Philpott .. milupdate@aol.com, | November 25, 2009

Vets Shielded From Health Care Reform

Military Beneficiaries, Vets Shielded From Health Reform

The national health reform bill passed by the House last month and the Senate version to be debated in early December pose no threat to current health care benefits provided to military families, retirees or veterans, say advocates for these beneficiaries as well as congressional committee staffs.

The House-passed Affordable Health Care for America Act (HR 3962) states in Section 311 that "nothing" in the bill "shall be construed as affecting" authorities used by the departments of Defense and Veterans Affairs to provide TRICARE programs or VA health care benefits.

The Military Officers Association of America (MOAA), the Fleet Reserve Association of America, the American Legion and other veterans' service organizations have studied the legislative language of both bills. Their own reviews, and assurances they've received from relevant committees, give them confidence that the bills won't impact benefits or fees charged by TRICARE or VA, nor will these beneficiaries be exposed to any new tax liabilities.

"We have not talked to anybody – Republican, Democrat, anyone in the [Obama] administration or serving in Congress -- who is trying to do anything to affect military people" as part of national health reform legislation, said Steve Strobridge, MOAA's director of government relations. "They all are trying to hold military beneficiaries harmless."

Steve Robertson, legislative director for the American Legion, said he has assurances from the armed services committees, veterans' affairs committees and congressional leaders including House Speaker Nancy Pelosi that health reform will not impact TRICARE programs or VA health care.

"My comfort level is pretty high," Robertson said.

Confusing the issue for many beneficiaries has been an e-mail being passed among military retirees that warns falsely that the Congressional Budget Office has drafted legislation to attach new fees to TRICARE for Life, the prized insurance supplement relied on by Medicare-eligible retirees.

The e-mail is filled with misinformation. CBO has no authority to draft legislation. CBO did release a report last December presenting options for holding down federal health care costs; a few of those options would raise fees on military retirees and veterans. But neither the Obama administration nor any members of Congress have embraced any of these ideas.

"Everyday I get to answer e-mails from people who are still telling me that this ‘CBO legislation' is moving through rapidly," said Robertson.

Other military retirees and disabled veterans are worried by news reports that national health care reform will impose an excise tax on "Cadillac" health insurance programs. Will that include TRICARE or VA health care? It will not, say service groups and informed congressional staffs.

Strobridge noted that the Senate bill, the Patient Protection and Affordable Care Act (HR 3590), doesn't contain the same specific language of the House bill does to shield TRICARE programs and VA health benefits.

However, the Senate bill's provision to allow an excise tax on "applicable employer-sponsored coverage" lists, among government plans, only the Federal Employees Health Benefits Plan for possible inclusion. TRICARE and VA health care benefits are not named. Finance committee staffers have explained that this was intentional to shield these programs.

MOAA has urged senators to add three clarifying provisions to their bill. One would duplicate language of the House bill that nothing in the legislation alters health care program authorities for DoD and VA.

Other language is sought to explicitly exclude TRICARE, TRICARE for Life and VA health care programs from any health reform bill excise tax on certain employer-provided plans. Finally, MOAA wants language in the Senate bill calling for a study of national health reform's impact on veterans to include a study of the impact on TRICARE and TRICARE for Life.

Military people who seek assurance that the Senate health reform bill won't impact them negatively end up "looking for something that isn't there," Strobridge said. The Senate, like the House, should make it clear, he said.

"There are lots of people out there who would like to raise military fees" on health benefits, Strobridge said. "But they are not trying to do it in this legislation…As far as we can see, everybody in Congress is trying to bend over backwards to protect the military. And that's true of both parties."

The only real threat to military and veteran benefits posed by national health reform, he continued, is the likelihood that it will add to the annual federal budget deficit which was $1.4 trillion last year. That will increase political pressure, over time, to curb federal entitlements including military health care and retirement plans, said Strobridge. Pressure on defense budgets already is enormous.

"That's why Defense leaders have been saying for years ‘I don't what to pay this $10 billion for TRICARE for Life that we put in the defense bill every year.' I want to shift more costs to the beneficiary.' That is what the Bush administration said the last three years," Strobridge said.

"We haven't even started to talk about the effect of the baby boom generation on Medicare and Social Security" on future budgets, he added.

Given that pressure, MOAA has been pressing Congress to define in law that military members and retirees have earned through service certain unassailable rights to promised retirement and health care benefits.

"What we're concerned about is that budget pressure will drive arbitrary decisions. That is what has hurt us in the past," said Strobridge. Congress should take steps to spell out what military folks have earned.

"If you don't have any rules to rely on," he said, "when the budget tidal wave comes it will sweep you away."

To comment, e-mail milupdate@aol.com, write to P.O. Box 231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com

A syndicated columnist and freelance writer, Philpott has covered the U.S. military for almost 30 years. His weekly news column, Military Update, appears in daily newspapers across the U.S. and in Stars & Stripes overseas. He also publishes a weekly reader reaction column, Military Forum. His freelance articles have appeared in numerous magazines including The New Yorker, Washingtonian, Readers' Digest and Kiplinger's.

Military Update, which reaches two million readers, covers breaking news affecting the lives of service members, retirees, Reserve and Guard members and their families. He also writes the Observation Post, a monthly column for Today’s Officer magazine. He is associate editor (U.S. section) for Jane's Fighting Ships and is a regular contributor to Military Officer, the magazine of the Military Officers Association of America.

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Tuesday, November 24, 2009

Vets get aid with legal problems

Vets get aid with legal problems
Special courts work with VA, bar association
By Donna Leinwand
USA TODAY

Marshall Callahan had $300 in his pocket and a powerful craving for booze when he got stranded in Lee's Summit, Mo., on a cross-country drive two years ago.

The former Marine Corps aviation mechanic says he drank until he was broke, blacked out and woke up in jail. It wasn't the first time. Callahan, 47, has been homeless on and off for 15 years.

"I've been in all the jails here. I've been in all the detoxes. Any life I had that I could ruin, I ruined," says Callahan, who served in the Marines from 1981 to 1985 in Cherry Point, N.C.

Now Callahan, sober since Oct. 15 and living in a Salvation Army shelter, is eagerly awaiting Dec. 9, his day in a Kansas City, Mo., veterans court, where a volunteer lawyer will assist him with his thicket of nuisance citations, such as sleeping in public.

"This is a big deal for someone used to living on the street and not having any money," Callahan says. "This is a golden opportunity."

Special courts aimed at helping veterans with legal problems are emerging around the country as servicemembers return from wars in Iraq and Afghanistan, spurring efforts to help them and others who served in the military.

In the past two years, 22 cities and counties, such as Buffalo, Chicago, Tulsa and Pittsburgh, have opened courts with dockets reserved for veterans. Kansas City held its first session in August. At least 39 others are planned for next year, Department of Veterans Affairs records show.

The courts coordinate with the VA and other service providers so veterans such as Callahan charged with minor infractions can opt into services such as drug treatment or job training to avoid jail or fines and ultimately have their cases dismissed. The VA estimates that veterans account for 10% of the people who have criminal records.

"In most instances, the folks in need of this special service are people who are suffering or have had legal issues as a result of their military service," says Brian Christensen, a former Navy lawyer who helped organize the Kansas City court and will represent Callahan for free at the once-a-month veterans docket. "They deserve a little bit extra from society."

The special courts began after judges and lawyers saw a growing number of veterans from the wars in Iraq and Afghanistan with signs of post-traumatic stress disorder or substance-abuse problems, says Paul Freese, a Los Angeles attorney who advises the American Bar Association's Commission on Homelessness and Poverty.

Many veterans who come to the courts are homeless and have amassed citations for minor, non-violent offenses, such as sleeping in public or loitering. They could not pay the fines or get to court, so judges issued warrants that prevent them from getting jobs, housing and benefits, Freese says. Neither the ABA nor the VA tracks how many of these veterans successfully completed their programs.

"Communities want to help these soldiers come back without the outcomes we saw after the Vietnam War," such as homelessness, unemployment and substance abuse, Freese says. "I think we're at a critical juncture where these courts can exponentially increase."

This month, VA Secretary Eric Shinseki announced a five-year goal to end homelessness among veterans. The VA estimates 131,000 veterans are homeless, but Shinseki said homelessness could increase by 10% to 15% over the next five years without aggressive steps to help veterans.

In May, he directed every veterans center to designate a staff member to work with the courts to ensure veterans in the criminal justice system can tap into VA services, says Jim McGuire, who manages the agency's Health Care for Reentry Veterans program.

"The VA in the past hasn't been as aggressive about reaching out to the courts. We want to ramp that up," says Sean Clark, national coordinator for Veterans Justice Outreach at the VA.

Callahan, after eight months sober, went on a drinking binge two days before his first scheduled court date in October and missed it. He returned to the Salvation Army shelter to detox. Then, "in through the Federal Express mail comes a letter saying the lawyer went to court and got a continuance," giving him a second chance to show up at court. "I couldn't believe it," he says.

Callahan vows not to miss his December hearing. He wants to finish cosmetology school, get a job in a salon and learn to play the cello.

"I have a chance," he says.
Vets get aid with legal problems

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Monday, November 23, 2009

Outside View: Army throws money at mental health

Outside View: Army throws money at mental health

Published: Nov. 20, 2009 at 11:00 AM
By LAWRENCE SELLIN, UPI Outside View Commentator

HELSINKI, Finland, Nov. 20 (UPI) -- The U.S. Army recently funded a five-year, $50 million study by the National Institute of Mental Health to examine the factors possibly associated with suicide, including combat-related trauma, personal and economic stress, family history, childhood abuse, a military unit's cohesion and general mental health.

With all due respect to the eminent scientists at NIMH, I wonder if much of that information is available already from civilian sources, both online and in paper-bound publications. I would doubt that surveying hundreds of thousands of recruits and interviewing soldiers will, in the end, provide that eureka moment they seem to anticipate. Five years seems like a long time to wait for conclusions of which we may already be aware.

There is a humorous aphorism floating around the consulting community, courtesy of despair.com, that if you can't be part of the solution, there is good money to be made prolonging the problem. A five-year study has the added benefit that it will likely outlive the tenure of the Army bureaucrats currently responsible for initiating it.

During a Defense Department news conference Tuesday, Army Vice Chief of Staff Gen. Peter W. Chiarelli said: "As I look across all the factors, from the number of deployments individual brigade combat teams have gone through, to everything else, I cannot find a causal link that links anything, other than what the Army Science Board gave me that said that soldiers who are in geographically separated locations -- OK? -- have a higher incidence of suicide. I guess the statisticians can prove that. But I can't find it."

According to the Suicide Prevention Resource Center, a sociocultural risk factor is a "lack of social support and sense of isolation." This can occur when a combat soldier leaves the support network of his combat buddies, when soldiers return home and undergo the often dangerous transition to "normalcy" or even new recruits working under stress in an unfamiliar environment. It is about unit cohesion.

Remedies include strong connections to family and community support, easy access to a variety of clinical interventions and support for help-seeking, effective clinical care for mental, physical and substance use disorders, support through ongoing medical and mental healthcare relationships, skills in problem solving, conflict resolution and nonviolent handling of disputes, and cultural and religious beliefs that discourage suicide and support self preservation.

"I've scrubbed the numbers every way I possibly can," Chiarelli said. "I cannot find a causal link."

First of all, there is no "causal link." Suicide is a process, sometimes fast, but mostly slow. One is carried down a river of emotions with various eddies and currents affecting the direction and speed of the journey. With help, you can be pulled to the shoreline. Without it, you may eventually go over the waterfalls.

Courtesy of The Times of London, one Army wife, whose husband committed suicide, accurately described the process: "It seems to be a perfect storm of issues. Someone comes back with post-traumatic stress disorder. They get into difficulties with money and relationships. They turn to drink or drugs and are unable to ask for help. They feel they are no longer of value to their unit; that the army and their family would be better off without them. That's when they are at risk."

Secondly, I don't believe that we have fully examined the data we have, both structured and unstructured, in an efficient and contextual way. There are highly sophisticated information technology tools and methods to do that right now both quickly and effectively by a combined analysis of biopsychological, environmental and sociocultural risk factor with known pre-suicidal symptoms and how they match with soldiers' experiences.

It is interesting to note that in a study titled "Is Suicide at MIT a Poisson (random) Process?" the authors with only a sample of 33 were able to statistically demonstrate that suicides were most related to stress during or after exam periods. Yes, it appears obvious, but that is my point, because I do not think the Army has done a rigorous analysis of the data that are already available.

Col. Elspeth Ritchie, the Army's lead psychiatrist, was asked in a 2009 Salon interview if she has had the opportunity to query enlisted soldiers, personally, in an off-the-record environment by strolling the barracks or hanging out in a hospital smoking area. She said no.

The Army's senior officers need to lead from the front, try to get to know their soldiers better and spend enough time with them such that they feel that you know and care about their stresses and difficulties.

The Army's mental-health challenge will be won more quickly and effectively by leadership rather than through cash or complacency.

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(Lawrence Sellin, Ph.D., is a colonel in the U.S. Army Reserve and a veteran of the conflicts in Afghanistan and Iraq.)

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It's not often I will agree with an Army PHD on issues like this, but Colonel Sellin is accurate, if the Army's top mental health doctor does not have enough sense to walk around the smoking area of a Army mental health clinic, or sit at the PX snack bar and listen to the soldiers talk about the problems they are dealing with, because they do talk, I have spent enough time in all of those places during my 15 years of Army service, better yet spend an hour a week at the NCO club at the bar and just watch and listen, they could learn a lot in a week or two, and it would be more beneficial to the Army and the soldiers in it now than to wait for a 5 year new study to be completed. but as long as the study is going on the Army can claim they are "doing something" while nothing gets done.

My experience is from the Vietnam War era (I served on the DMZ in Korea) and Gulf War One, I served with a lot of NCO's that have PTSD, I saw a lot of soldiers get thrown out on PDO discharges when they shouldn't have been. I am 11B3M a combat infantryman for mechanized vehicles (M113) I entered the army after I enlisted a PV1 in 1973 and was a Staff Sergeant on the SFC list when I left active duty in 1982. I was a member of the Georgia National Guard when activated for GW1. I was also a med vol at Edgewood Arsenal in the summer of 1974, I am pretty sure Colonel Sellin might be familiar with that program and what it entailed, now talk about nightmares, read up on the CIA liason Sidney Gottlieb the master of disaster....

Yes, soldiers and their families need help, not more studies the NIMH and and NCPTSD have all the data they could ever want, they just need someone that can read and comprehend what they are reading.

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Study sheds light on post-combat mental problems

Study sheds light on post-combat mental problems

Tuesday, September 8, 2009


By Anne Harding

NEW YORK (Reuters Health) - Symptoms of posttraumatic stress disorder (PTSD) are typical after deployment to a war zone, and may even represent a healthy reaction to stress, but can lead to problems with mental functioning if they persist, new research in Iraq vets suggests.

Past research has demonstrated that people exposed to life-threatening situations will show changes in their nervous and hormonal systems, Dr. Jennifer J. Vasterling of the VA Boston Healthcare System and her colleagues note, but it's not clear how long such symptoms last after exposure ends, and if they do last, what the consequences might be.

Vasterling and her colleagues are conducting a long-term study called the Neurocognition Deployment Health Study to help answer these questions.

In the current report, Vasterling and her team report the outcomes of neurological and psychological assessments of two groups of soldiers before and after deployment to Iraq.

Their study included 164 male and female Army soldiers assessed about a year after their return, and 104 tested an average of just 122 days after they had returned.

The researches found no relationship between the amount of time since a soldier had returned from deployment and his or her "neuropsychological" function.

There was no relationship between PTSD symptoms soon after deployment and the ability to pay attention, but the soldiers who still had PTSD symptoms a year after they returned from combat had a harder time focusing and paying attention.

The researchers also found that soldiers who had experienced more intense combat showed improved reaction time both soon after their return and a year later.

Attention problems can be very relevant to how a person functions in daily life, Vasterling noted in an interview, even though the deficits that she and her colleagues identified were relatively mild.

The hope, she said, is that these problems will resolve once a person's PTSD is treated. However, the researcher added, there are also strategies that can help people cope with their attention problems until they get better.

She and her colleagues are continuing to follow the soldiers, and one interesting question, she noted, is whether the increased reaction time they identified in those exposed to more intense combat might have a downside.

"You have to wonder how taxing that gets, to be constantly prepared for a long, long period of time," Vasterling said.

SOURCE: Archives of General Psychiatry, September 2009.

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I am not the brightest bulb in the bunch, but the military has seen this since 1776, the Civil War, WW1, WW2, Korea and Vietnam, this is not exactly a new problem, but the past has had different names for it "soldiers heart" "weak" "drunks" etc it was not until 1980 when the diagnosis of PTSD was added to the DSM as a mental health problem.

One of the main reasons is that after Vietnam there were to many veterans that could not function in society, they withdrew, the Army did not offer mental help, instead if you asked for help you were accused of being a coward, they labeled the PTSD veterans with Personality Disorders (which they were still doing as late as 2006) which keeps the combat veterans from getting either retirement benefits or veterans benefits (save the Army and the VA money).

I agree that if help is available and the soldier will not ruin his career after asking for help then they would be more willing to seek assistance, but if they pull the security clearance or the soldiers ability to handle weapons, that means that they can not stay in the Army and they have ended their military career for asking for mental health care. It would be easier to resolve the stress with early care, help for the entire family, wife and kids make the adjustments when the soldier comes home, as it is stressful on the entire family, look back at the Vietnam POWs and look at their divorce rates, it was high, a lot worse than other career soldiers, which is also higher than the average for the United States, the spouses can't handle the constant coming and going or the soldier themselves feel out of place when they come home, and find out that the house has a routine that does not "need them" in it to function. Then everyone is walking on eggshells and a lot of the "eggs get broken"......

the earlier the help the better it works, let it stew and for many it becomes permanent......

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