Editorial Column: Close the Blackwater Loophole

February 20, 2009 – There are currently more civilian contractors in Iraq than members of the United States Army. The most infamous is the private security force, Xe (The-Firm-Formerly-Known-as-Blackwater). Xe has approximately 1000 military contractors in Iraq who guard U.S. government installations and personnel.

Because of a legislative loophole, Xe and many of its fellow contractors currently operate outside of both U.S. and Iraqi law. While contractors employed by the Department of Defense are answerable to the domestic laws of the United States, contractors employed by civilian departments are not necessarily accountable under U.S. law. Congress and President Obama should act immediately to rectify this problem.

In 2000, Congress passed the Military Extraterritorial Jurisdiction Act (MEJA), codified at 18 U.S.C. 3261-3267. 18 U.S.C. 3261 (a)(1) provides:

    “Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States . . . while employed by or accompanying the Armed Forces outside the United States . . . shall be punished as provided for that offense.”

18 U.S.C. 3267(1)(a)(iii), added in 2004, defines “Armed Forces” to include:

    “an employee of a contractor (or subcontractor at any tier) of . . . any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas.”

As currently written, only forces “supporting the mission of the Department of Defense” fall under the jurisdiction of the U.S. courts. Xe and many other security agencies are under contract to civilian agencies, such as the Department of State. Their contracts with civilian departments thus potentially place these private entities beyond the reach of U.S. criminal jurisdiction. Moreover, the recent Status of Forces Agreement between the U.S. and Iraq leaves unclear the status of these forces under Iraqi law.

In short, Xe and other private firms contracting with civilian agencies of the U.S. government currently operate outside any law or legal system. Rogue contractors hurt the U.S. agencies that employ them, the United States military, and America’s image. Government agencies that employ contractors are tarred by extension. It is difficult for the State Department to convince other countries to disband private militias, when the United States itself employs private forces which are beyond any effective legal system. Moreover, the American military is hurt by the confusion caused by these essentially independent combat forces operating in Iraq with the imprimatur of the U.S. government. America’s image abroad is tarnished by association with these potentially lawless quasi-military forces.

The solution is clear: Congress should amend the MEJA to cover any contractor working abroad supporting the mission of any department of the United States.

The scope of the MEJA is currently being litigated. On Wednesday, February 18th, Judge Urbina of the District Court of D.C. allowed criminal charges to proceed in United States v. Slough. In that case, the Department of Justice filed criminal charges against four Blackwater guards involved in the 2007 Al-Nisoor Square shooting. In that incident, 14 Iraqi civilians were killed and 20 were wounded under troubling circumstances. Judge Urbina declined to dismiss the charges against the four guards, but stated that their legal arguments “are rather strong.”

While Congress cannot amend the MEJA retroactively to cover those involved in the Al-Nisoor incident, Congress can bring legal accountability to future operations of contractors abroad. Such an amendment, besides implementing our belief in the rule of law, will help rehabilitate America’s image abroad.

Congress and the President should close the Blackwater loophole by subjecting to U.S. law and legal procedures any contractor working abroad for the U.S. government.

Posted in Veterans for Common Sense News | Comments Off on Editorial Column: Close the Blackwater Loophole

Possible Murder – Suicide Involving Iraq War Veteran in Las Vegas

Airman, wife die in shooting – – SWAT officers find couple dead after standoff in North Las Vegas

February 21, 2009, Las Vegas, Nevada – A Nellis Air Force Base airman and his wife died in what is believed to be a murder-suicide Friday in a North Las Vegas apartment.

The deaths ended a roughly two-hour standoff with North Las Vegas police, during which the airman, an Iraq war veteran who might have been suffering from post-traumatic stress disorder, shot at police.

Police said a third party, a friend of the wife’s, called police about 5:30 a.m. claiming that the gunman was holding a gun to his wife’s head inside the apartment, Sgt. Tim Bedwell said.

Officers made contact with the man at a ground-level unit at the Craig Ranch Villas apartments, 370 Casa Norte Drive, near Commerce Street and Lone Mountain Road. He retreated into the apartment and fired shots through a window at police, Bedwell said.

When SWAT officers entered the apartment about 8 a.m., they found the two people dead from gunshot wounds.

Authorities have not released the names of the couple, but sources said the airman was Jason Matthew Klinkenberg.

A marriage license application from Clark County identified Klinkenberg as 25 years old. The application shows he married his wife, 23-year-old Crystal Klinkenberg, in July 2007.

Nellis Air Force Base officials would say only that the airman was a vehicle operator with the 99th Logistics Readiness Squadron.

A friend who said he served with Klinkenberg in Iraq said that Klinkenberg battled post-traumatic stress disorder and had back problems that required him to have several surgeries.

The friend, who declined to give his name, said Klinkenberg was traumatized by an incident with a rocket propelled grenade and, later, when a man set himself on fire in front of him.

This information could not be independently confirmed Friday.

Nellis spokeswoman Capt. Amanda Ferrell said base officials are looking into the airman’s career, including his deployment in Iraq in late 2005.

“We’re researching any history regarding his career that might have had an impact on the incident,” she said.

In an interview last year regarding how the base handles PTSD cases in its active duty ranks, Nellis psychologist, Lt. Col. Kevin McCal, said the base doesn’t have a specific program to deal with post-traumatic stress disorder among active duty troops. Focus is put on awareness and hope that those with PTSD voluntarily seek help through the base’s mental health program, he said.

Neighbors claimed to hear fighting coming from the apartment about an hour before police were called. When officers arrived, neighbors said they heard officers shouting for “Jason” to leave the apartment.

Officers did not return fire when the gunman shot at them because they were unsure whether the woman inside was in danger, Bedwell said.

“We always err on the side of caution when there is another person inside,” he said.

Several surrounding apartments were evacuated, Bedwell said.

Juan Jose Nevarez was one of several neighbors forced to leave around 5:45 a.m. He watched events unfold from another part of the complex and said he saw about 100 police and SWAT officers hustling around the complex.

“There was a whole army,” he said. “I have never seen so many (officers).”

Management of the Craig Ranch Villas complex would not comment about the incident or status of the tenants in apartment number 1158.

Irene Delatorre said she heard the fighting from her home behind the complex around 4:30 a.m. She said she heard a male voice but never the sound of gunshots.

Officers rushed through the backyards of the homes that back up to the brick wall facing the apartment, Delatorre said.

Delatorre and other neighbors were taken to a nearby elementary school until about 9 a.m.

The Clark County coroner’s office will determine whether the incident was a murder-suicide, Bedwell said.

Bedwell said police did all they could to help the people inside the home.

“This is a horrible outcome for everyone at the scene,” he said.

Las Vegas Review-Journal writer Brian Haynes contributed to this report. Contact reporter Maggie Lillis at mlillis@reviewjournal.com or 702-383-0279. Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440. Contact reporter Keith Rogeers at krogers@reviewjournal.com or 702-383-0308.

Posted in Veterans for Common Sense News | Tagged | Comments Off on Possible Murder – Suicide Involving Iraq War Veteran in Las Vegas

Chairman Edwards Releases Statement on VA Funding

WASHINGTON, Feb. 20 /PRNewswire-USNewswire/ — U.S. Representative Chet Edwards released the following statement in response to criticism of veterans funding in the 2009 American Recovery and Reinvestment Act.

“It has been said that it is easier to kick down a barn than to build one. That appears to be the case regarding criticisms of veterans funding in this bill.

Regarding Congressman Buyer’s criticism of the bill, let me point out that the Democratic Congress has increased veterans health care and benefits funding by more in two years than the Republican-led House did in 12 years, including his years as Chairman of the VA Committee.

In 2007 and 2008 alone, the Democratic-led Congress increased veterans funding by $16.3 billion, which is more than House Republicans did collectively from 1995 through 2004.

In addition to the $16.3 billion increase by Democrats in just two years, we also passed a historic 21st Century GI Education bill, which matched the education benefits of the World War II GI Bill.

Having passed a new GI Education bill and $16.3 billion in new funding in 2007 and 2008 for veterans, the 2009 stimulus bill adds $1.4 billion in additional funding to modernize our VA hospitals and $2.98 billion to modernize DOD hospitals, barracks and day care centers.

For Republicans such as Mr. Buyer to vote against and criticize the additional $1.4 billion for veterans after underfunding VA programs for over a decade makes his criticisms look more partisan than substantive.

The difference is clear. Democrats in just over two years have provided unprecedented increases in funding for VA programs, and Republicans’ record for veterans never matched their rhetoric. That’s a fact.”

Military Construction Funding in H.R.1 Conference Report:

Hospitals: $1.33 billion to recapitalize our aging military hospitals and ambulatory centers. Many of these facilities are 40 or even 50 years old, and are not suited to current medical standards and practices.

Troop and family housing: $335 million to build new barracks and dormitories for our soldiers, sailors, marines, and airmen as well as further investments in quality family housing.

Child Care: $240 million for new child development centers on base. These facilities will help military spouses hold down jobs, and provide employment opportunities for caregivers.

National Guard: $100 million for the Army and Air National Guard. This will support our reservists who have been heavily deployed in recent years, as well as States who need Guard units for disaster assistance and homeland security.

Homeowners Assistance Fund: $555 million for assistance to military homeowners, including wounded warriors and surviving spouses, who have been impacted by the housing crisis.

Wounded Warriors: $100 million for warrior transition complexes to provide services to wounded warriors and their families.

Energy Conservation Investment Program: $120 million to make military facilities more energy efficient and save taxpayers money.

Veterans Affairs Funding in H.R. 1 Conference Report:

Medical Facilities: $1.0 billion for non-recurring maintenance, including energy projects, to address deficiencies and avoid serious maintenance problems at the 153 VA hospitals.

National Cemetery Administration: $50 million for memorial maintenance, including those identified in the 2002 Millennium Act report to Congress, for the National Cemetery Administration. These funds will enable the National Cemetery Administration to work toward an established set of cemetery standards of appearance throughout the system.

Claims Processors: $150 million for a temporary increase in claims processing staff.

Information Technology Systems: $50 million to improve automation of benefits processing.

State Extended Care Facilities: $150 million for grants to States for extended care facilities.

Posted in Veterans for Common Sense News | Comments Off on Chairman Edwards Releases Statement on VA Funding

TAPS Helps Families of Suicide Victims

Advocates offer free peer-to-peer support, crisis line, case assistance

February 21, 2009 – After Private Paul Bridges saw his buddies die in Iraq in a Humvee in February 2006, his mental state began going downhill, said his father, Terry Bridges.

Three months later, a mental health counselor told his chain of command that Bridges needed to leave the theater immediately. His weapon was taken away.

But nearly six months later, on Nov. 2, 2006, still in Iraq and working 12-hour days, Bridges shot himself with his roommate’s weapon.

“His command let him down,” said Terry Bridges, who has received no answers about why his son remained in Iraq. “It was something that could have been prevented.”

He said the military needs to train noncommissioned officers not to treat troops as malingerers when they exhibit mental health problems, and also train troops in how to react and protect their comrades who might be contemplating suicide.

“We can’t do anything for Paul. But if we can help change the culture to understand that just because a soldier doesn’t have an arm blown off, or a hole in the stomach, it doesn’t mean soldiers aren’t wounded … maybe it will prevent this from happening to others,” he said.

Bridges and his wife, Sherryl Marsh, are joining forces with other families of suicide victims in the military through the nonprofit Tragedy Assistance Program for Survivors to help prevent suicide in the ranks and assist families of suicide victims.

In fact, Bridges is working with the family of a sailor who recently killed himself.

“TAPS has seen a tragic increase in families whose loved ones lost their very personal battles,” said Bonnie Carroll, the group’s founder and chairwoman. “We embrace these families with a wide array of programs offering comfort and care, [and] a prevention program for battle buddies coping with the death of a fellow service member.”

TAPS offers peer-based support, crisis care, casualty casework assistance and grief and trauma resources, all free. Unlike most programs offered through the military, TAPS provides ongoing help to anyone grieving the death of a loved one in the military, regardless of the relationship to the deceased, where they live, or the circumstances of the death.

TAPS can also help connect service members, families and others to free, confidential, one-on-one, unlimited counseling through partnerships with the Veterans Affairs Department’s Vet Centers, Give An Hour and the Association of Death Education and Counseling.

In the past year, TAPS has seen a 25 percent increase in calls from survivors of suicide to its 24-hour crisis line, (800) 959-TAPS.

Missing support

Connie Scott believes a program like the battle buddies initiative might have helped save her son, Army Pfc. Brian Williams.

She will never know exactly what Brian saw in the days before he left Iraq to come home on leave in December 2006. But the day before he was supposed to return to Iraq, the 19-year-old killed himself in their garage.

“If only Brian could have reached out to someone who understood his pain,” she said. “He could have done that through TAPS. Everyone in trauma needs someone who understands.

“He was sent home in a critical state without a support group,” she said. “He had never been exposed to death before. I think he would’ve been OK if he hadn’t come home on leave … if he’d had the support of his Army buddies.”

Williams’ troubled mental state was worsened by an e-mail from his fiancée that he received at the airport while waiting to leave Iraq, in which she broke off their engagement because she had found someone else.

“He couldn’t sleep or eat and was withdrawn,” she said. “We walked on eggshells, not knowing what to say or what not to say. There was no Army base near me. I had no one to call. I didn’t know what to do.”
‘I’m a gunny. I’m fine’

Marine widow Mary Gallagher said she is confident that military leaders are sincere about trying to eliminate the stigma that clings to seeking mental health care.

She believes the stigma played a big role in keeping her husband from seeking help. Gunnery Sgt. James Gallagher hung himself in their garage at Camp Pendleton on May 23, 2006.

After his return from Iraq — where more than 12 people in his unit were killed, including the commanding officer — “Jim never spoke of anything,” she said.

When she tried to talk about his behavioral changes — sleeping more, not showering — “he told me, ‘I’m a gunny. I’m fine.’ ”

The stigma has to be dealt with, Gallagher said.

“Depression kills. Stigma kills. That stigma was a part of Jim. No way he trusted and believed in the system set up for him to get help. I know, in his state of mind, it would have meant the end of his career.”

Just a month before he took his own life, she said her husband helped stop one of his own Marines from committing suicide.

“Jim said, ‘Doesn’t he understand what he would put his family through?’ ”

‘I can’t rest’

Army officials saw a spike in soldier suicides in January. From what TAPS is seeing, February is no better. Kim Ruocco recently talked to four newly grieving widows of Army suicide victims, offering support from one who has been there.

“It’s brought me back to square one,” said Ruocco, whose husband, Marine Corps Reserve Maj. John Ruocco, killed himself in a hotel room near Camp Pendleton, Calif., three months after returning from Iraq. “I’m exhausted with the subject of suicide, but I can’t rest because there’s too much to be done.”

Ruocco and another widow of a Marine suicide, Carla Stumpf-Patton, have begun coordinating TAPS’ nationwide peer support group program specifically for survivors of suicide.

Family members and others often say they realized later that there were red flags, and they want other people to be aware.

“You don’t want to wait until your family is in crisis mode to learn about it. Prevention and education are the key,” said Stumpf-Patton, whose husband, drill instructor Sgt. Rich Stumpf, killed himself in front of recruits and other Marines at Marine Corps Recruit Depot Parris Island, S.C., in 1994.

Not everyone shows the same signs, said Ruocco.

“Looking back, there was a drastic change,” she said. “He lost a ton of weight, he was irritable and angry. I attributed it to the pressure and stress of coming back from war, and no time off. How do you separate that from a deeper problem?”

But, she added, “if there’s a drastic change and the person doesn’t seem like the person you knew, you need to get help. Don’t assume it’s normal.”

Chaplains are a first line of defense, as are VA’s Vet Centers, which are confidential.

“If I’d known, I would have taken him there at Christmas,” Ruocco said. “There’s a Vet Center 20 minutes away” from their home in Massachusetts.

But service members’ peers have to be watchful, too, she said.

“People have to start taking notice when something isn’t right. Peers have to watch over their peers psychologically, too. They need to talk about it. Realistically, most are suffering in silence.”

Posted in Veterans for Common Sense News | Tagged | Comments Off on TAPS Helps Families of Suicide Victims

Feb 21, VCS in the News: Toxic Command and Lack of Mental Health Exams Major Factors In Houston Recruiter Suicides

Veterans rights activist Paul Sullivan said he was deeply disturbed by the report, especially Turner’s finding that less than 60 percent of soldiers who return from deployment to a recruiting assignment have been fully vetted for psychological problems. “The senior leaders at the Pentagon threw these Iraq and Afghanistan war veterans to the wolves by ordering them to recruiting duty in a known toxic command environment without sufficient mental health screening,” said Sullivan, executive director of Veterans for Common Sense.

Recruiters had history of low morale; Report shows climate in Houston Army battalion bad since 2006

February 20, 2009, 7:12PM, Houston, Texas – The Army had ample evidence of low morale and poor leadership at the Houston Recruiting Battalion from internal investigations and inspections dating back to 2006, roughly three years before a brigadier general’s report uncovered the same problems at the battalion following a string of suicides among recruiters there.

According to documents obtained by the Houston Chronicle through a Freedom of Information Act request, Brig. Gen. Frank D. Turner’s investigation confirmed what the Army already knew about the poor command climate at the Houston battalion.

Three of the four suicides examined in the general’s probe, which concluded in December, occurred in the last two years. The documents released to the Chronicle this week raise new questions about what the Army did to address concerns raised by recruiters in Houston prior to those deaths.

In an interview today, Turner said he tracked the follow-up process that took place after each of the previous investigations and inspections of the Houston battalion and found that, in most cases, steps were taken to “cut the cancer” out and improve recruiters working conditions and morale, but he said more could have been done. “In hindsight, maybe different actions were warranted,” he said.

Turner said the Army has already taken “very concrete steps” in response to his report, including replacing leaders at both battalion and brigade levels.

“I’m convinced that good has come out of this,” he said.

Maj. Gen. Thomas P. Bostick, head of U.S. Army Recruiting Command, could not be reached for comment today.

Four recruiters assigned to the Houston battalion killed themselves between January 2005 and September 2008, including two who hanged themselves within weeks of each other last year. All four soldiers had served in Iraq or Afghanistan before being reassigned to recruiting duty, a job considered one of the most stressful in the Army, especially in wartime.

Following inquiries into the suicides by the Chronicle, Sen. John Cornyn wrote to Secretary of the Army Pete Geren in October to request an investigation.

The documents released to the newspaper include Turner’s final report, memos, e-mails, records of phone conversations and sworn statements related to the suicides in the Houston battalion. Many of the documents are heavily redacted.

In his report, Turner wrote that the Houston battalion has suffered from a poor command climate for years.

“The climate has been fostered by the leadership styles of several senior leaders, an unhealthy and singular focus on production at the expense of soldier and family considerations, persistent long hours and weekend duty with no predictability of time off,” he wrote.

As early as March 2006, documents show, an inspection by the Army Inspector General’s office revealed below average morale and micromanagement at the Houston battalion. A year later, an official with the Army’s Family Readiness Group visited the battalion in the wake of Sgt. Nils Aron Andersson’s suicide on March 6. The official found low morale in March 2007 and no improvement in August 2007.

In July 2008, a team from the Army’s Equal Opportunity Office once again noted low morale in the unit, and reported that the battalion commander’s policy of 13-hour work days was being abused by the station commanders and company leadership. Recommendations included “treat soldiers with dignity and respect” and “eliminate leading by intimidation and threats.”

Recruiters described a group known as the “Mafia,” a close-knit clique of Houston battalion commanders and permanent recruiters who operated outside the bounds of accepted policies and practices and closed ranks to protect its own.

“Soldiers feared reprisals for making negative comments about company leadership teams,” Turner wrote.

Recruiters also felt that their long work hours prevented them from maintaining strong personal relationships, he wrote. One recruiter said in a sworn statement that he didn’t know if he was going to be able to make his wedding even though he put in for the time off over weeks in advance. “I was told the day before my wedding that I would be off,” the recruiter wrote. “That is just an example of what we have to go through … And this causes animosity at home because my wife and I cannot plan.”

On July 2, 2008, the battalion commander, whose name has been redacted from the documents, sent an email to all commanders and 1st sergeants saying he’d been receiving too many calls about leaders violating policy and making recruiters work from 5:30 or 6:30 in the morning until 9 or 10 at night.

The commander wrote that the battalion was experiencing a tough period in recruiting but soldiers needed some predictability of their schedules despite the long hours.

“I’ve received 3 calls in the last 30 days on folks that were promised birthday and/or anniversary off and were called back to work on the day of the anniversary and during the birthday and/or anniversary party when they already had family and friends at their homes,” the commander wrote. “Absolutely poor leadership tactic, so let’s watch ourselves.”

In the same email, the commander stated he’d also been hearing complaints about abusive leadership in the battalion.

“I am also getting numerous calls on recruiters being called ‘dirtbags’ or ‘useless’ when they do not accomplish mission each month,” he wrote. In one case, a recruiter who produced more contracts than necessary three months in a row fell short of his goal on the fourth month. “[H]e was called a dirtbag and useless AND his wife was on listening in on the phone call, etc. . Again, this type of tactic is not leadership and must cease immediately,” the commander wrote.

Exactly one month later, Turner has confirmed, commanders inappropriately humiliated Staff Sgt. Larry G. Flores Jr. at low-production counseling session in which Flores and other recruiters who failed to meet monthly quotas had to defend their work ethics before a panel of superiors.

Flores friends and colleagues have said the 26-year-old station commander later told them the battalion’s command sergeant major had pressured him to admit he was a failure and that he wanted to quit, so it would make it easier to kick him out of recruiting or even out of the Army. Turner has said he believes the humiliating episode played a role in Flores’ suicide a week later.

Six weeks after Flores death, Sgt. 1st Class Patrick G. Henderson, 35, became the fourth Houston-based recruiter to commit suicide in less than four years when he hanged himself in a shed behind his home. Henderson and Flores served in the battalion’s Tyler company.

Cornyn met with a dozen recruiters at their station in a River Oaks strip mall this morning and spoke at a press conference afterward. He said was impressed with the objectivity of Turner’s report and said he hopes to follow up with congressional hearings.

The Texas Republican said he hasn’t had a chance to read the report, which was delivered to his D.C. office this morning, but he has been briefed on it.

“I would say to the extent that these problems have been identified before and not acted on appropriately, that’s certainly going to be part of the subject matter of the hearing the Senate armed services committee is going to have in the very near future,” the senator said. “So this is not the beginning and this is not the end. I would say we’re sort of in the middle phase of this investigation, and we’ll see what we can learn from it.”

Veterans rights activist Paul Sullivan said he was deeply disturbed by the report, especially Turner’s finding that less than 60 percent of soldiers who return from deployment to a recruiting assignment have been fully vetted for psychological problems.

“The senior leaders at the Pentagon threw these Iraq and Afghanistan war veterans to the wolves by ordering them to recruiting duty in a known toxic command environment without sufficient mental health screening,” said Sullivan, executive director of Veterans for Common Sense.

Houston Chronicle Reporter Lindsay Wise: lindsay.wise@chron.com

RESOURCES FOR SOLDIERS, FAMILIES

• Veterans experiencing emotional and suicidal crisis, as well as their concerned family members or friends, have immediate access to emergency counseling services 24 hours a day, seven days a week by calling 800-273-TALK (8255).
• For information on suicide warning signs visit www.behavioralhealth.army.mil.
• The Army’s Battlemind Training System is a mental health awareness and education program that helps prepare soldiers and their families for the stresses of war and assists with the detection of possible mental health issues before and after deployment. Visit www.battlemind.org.
• Soldiers in crisis should talk to their chaplain, chain of command or a fellow soldier immediately. They may also call Military OneSource at 800-342-9647 or the National Suicide Prevention Lifeline at 800-SUICIDE.
• Call the Wounded Soldier and Family Hotline at 800-984-8523 or e-mail wsfsupport@conus.army.mil.

 

Posted in Veterans for Common Sense News | Tagged | Comments Off on Feb 21, VCS in the News: Toxic Command and Lack of Mental Health Exams Major Factors In Houston Recruiter Suicides

VA Nurses: One Step Closer to Restored Bargaining Rights

February 19, 2009 – Katrina Blomdahl, writer-researcher for RNs Working Together, says the organization applauds moves to return bargaining rights to Veterans Affairs nurses. RNs Working Together is a coalition of 10 AFL-CIO unions representing more than 200,000 registered nurses nationally.

Sen. Jay Rockefeller (D-W.Va.), a member of the Senate Committee on Veterans’ Affairs, and Rep. Bob Filner (D-Calif.), chairman of the House Committee on Veterans’ Affairs, reached out to right a serious wrong when they recently introduced crucial legislation (S. 362 and H.R. 949) to restore the collective bargaining rights of VA health care professionals, including registered nurses.

For the past several years, health care professionals have been scrambling to meet soaring patient care demands from two wars and an aging population. Meanwhile, the professionals who provide the hands-on care to our veterans have seen their ability to have an effective voice in the workplace eroded by the Bush administration, intensifying the shortage in VA hospitals. The legislation sponsored by Rockefeller and Filner aims to reverse that trend.

Says J. David Cox, a registered nurse and the national secretary-treasurer of the federal government union, AFGE:

This critical legislation will go a along way to ensure that the VA is a model employer who can compete for the best nurses and other health care professionals to care for our veterans.

The change will come as a welcome relief to the health care professionals – including  registered nurses, physicians, physician assistants, dentists, podiatrists, optometrists and expanded duty dental assistants – who were singled out by the Bush administration and the Department of Veterans Affairs (VA) for more limited bargaining rights.

Ann Converso, RN, president of the United American Nurses (UAN), puts it this way:

These important bills restore to nurses and other VA health care workers the ability to forcefully advocate for our patients with the protection of our union and the collective bargaining process behind us.

In 1991, Congress enacted 38 USC Section 7422 to provide VA registered nurses with the same collective bargaining rights as other federal employees. Congress carved out some exceptions—most importantly, excluding the right to bargain collectively over disputes related to “direct patient care.” While the legislative history makes clear that Congress viewed “direct patient care” narrowly to mean medical procedures, not issues such as nurse compressed work schedules, the Bush administration used this exclusion as a wedge to separate health care workers from their rights.

Cox notes that:

Congress outlined its intent to afford VA employees the same collective bargaining rights as other federal employees, but unfortunately for the VA workforce and the veterans they care for, the VA’s current human resources policy has acted contrary to that intent.

The new legislation would amend Section 7422 and put an end to years of unequal rights for front-line VA health care professionals appointed under Title 38.

But the thorny questions still remain. Why did the VA single out Title 38 health care professionals and provide them with fewer rights than other VA health care professionals and doctors and nurses in military hospitals in the first place?

It comes down to the cash squeeze. Wrestling rights away from nurses and other front-liners allows managers to demand prolonged overtime and enormous patient caseloads, instead of using the increased appropriations provided by Congress to hire additional staff or offer competitive pay and schedules to make the VA a real employer of choice.

Our military veterans deserve a health care workforce that has a voice in their working conditions and in the delivery of care. And taxpayers deserve to have the precious health care dollars appropriated for the VA go to health care, rather than wasteful and harmful efforts that undermine the rights that workers need and deserve.

It’s time for policies that support our nurses and our veterans. That’s why, as the largest organization of working registered nurses in the United States, RNs Working Together applauds Rep. Filner and Sen. Rockefeller for their effort to restore collective bargaining rights to these workers.

When VA nurses have a meaningful voice in their workplace, and the full opportunity to advocate for their patients, then we’ll know for sure that our nation’s veterans are getting the safe, quality care that every patient deserves.

Posted in Veterans for Common Sense News | Comments Off on VA Nurses: One Step Closer to Restored Bargaining Rights

Murder Trial of U.s. Soldier Goes to Jury

February 20, 2009, Vilseck, Germany – A U.S. Army medic accused of involvement in the execution-style killings of four bound and blindfolded Iraqi prisoners ha his fate placed in the hands of a nine-person jury that will decide if he took part in the killings willingly or was a reluctant participant dulled by a lack of sleep and constant terror from being in a war zone.

Sgt. Michael Leahy Jr., 28, has pleaded not guilty to charges of premeditated murder, conspiracy to commit premeditated murder and obstruction of justice in the deaths of a total of four Iraqi prisoners, who were dumped in a Baghdad canal in 2007 after they were killed. He also faces charges, including murder, for a separate incident in January 2007.

If convicted, he faces life in prison and dishonorable discharge.

Leahy, of Lockport, Illinois, confessed to military investigators that he shot one of the prisoners point-blank in the back of the head with a 9mm pistol.

“The detainee I shot fell back on me,” he said in a videotape of the January 2008 interrogation played at his trial in the Army’s Rose Barracks’ courtroom this week.

His lawyer, Frank Spinner, argued that Leahy went along with the killings because he was dazed from a lack of sleep and numb from being in a war zone for months. It was a sentiment bolstered on Thursday in testimony from Col. Charles Hoge, a doctor and director of psychology and neuroscience at the Army’s Walter Reed Army Institute of Research.

He testified that Leahy was unable to reason properly because of the constant danger of living and operating in a war zone and getting little sleep for months on end.

“The tragedy resulted not so much by design but rather the working of fear, danger and madness attendant on many combat operations,” Spinner said in his closing arguments.

The Iraqi prisoners were taken to the U.S. unit’s operating base in Baghdad for questioning and processing though there wasn’t enough evidence to hold them for attacking the unit. Later that night patrol members took the Iraqis to a remote area and shot them in retribution for the attacks against the unit, according to testimony.

Leahy, Master Sgt. John Hatley, 40, and Sgt. 1st Class Joseph Mayo, 27, are accused of pulling the trigger, the jury of seven men and two women was told.

But prosecutors contended that Leahy knew what he was doing after the four Iraqis had been taken into custody after a shootout with a patrol that included five other accused soldiers.

“The defense cant just stand there and throw their arms up and say ‘We were protecting ourselves from future harm,”‘ Army Capt. Derrick Grace, the lead prosecutor, said, adding that the killings were the result of a breakdown of discipline and moral responsibility.

“The accused made a conscious choice to go down the road to kill the detainees,” he said, adding that Leahy, and others in his squad chose to be “judge, jury and executioner all at once.”

All of the accused were with the 1st Battalion, 18th Infantry Regiment, 2nd Brigade of the 1st Infantry Division in Iraq, which is now part of the Germany-based 172nd Infantry Brigade.

Three soldiers are scheduled for later courts-martial. Sgt. Charles Quigley, 28, of Providence, Rhode Island, faces one charge of conspiracy to commit premeditated murder. Mayo and Hatley are charged with premeditated murder, conspiracy to commit premeditated murder, and obstruction of justice.

Posted in Veterans for Common Sense News | Comments Off on Murder Trial of U.s. Soldier Goes to Jury

VCS in the News: Poll Finds Low Opinion of Military Medical Care

May 24, 2008 – A majority of Americans believe that wounded troops don’t receive high quality medical care in military and Veteran’s Administration hospitals, according to a new Harvard School of Public Health poll.

Military families share that view, the poll found, and are slightly more pessimistic than non-military civilians when it comes to rehabilitation and mental health care. A reality check: Those polled didn’t think care at major U.S. civilian hospitals was any better.

Dr. Michael Kilpatrick, director of strategic communications for the Defense Department’s military health system, said other recent polls show the same pessimism. But, Kilpatrick added, they “do not respond to the reality of the situation and they certainly do not correspond to what the service members themselves think.”

A March 2008 Zogby poll, he said, found that 77 percent of a sample of 435 soldiers wounded in Iraq or Afghanistan were satisfied with the military health system.

Veterans’ Affairs also defended its record. “For eight years in a row, the American Customer Satisfaction Index has shown that veterans are more satisfied with their health care than the average American. Those who use our system know its quality,” the VA said in a statement.

Harvard’s poll found that 59 percent of civilians and 64 percent of military families believed troops weren’t getting high quality care in military and VA hospitals. On rehab and mental health care, the percentages were 57 and 65, respectively.

Both groups were more upbeat about the quality of front-line care. According to the researchers, favorable publicity about front-line care and unfavorable news stories about military hospitals may help to explain the difference.

Two advocacy groups for veterans offered more mixed appraisals.

Paul Sullivan, director of Veterans for Common Sense, said that VA workers “are trying their best,” but that the department had been crushed by the Bush administration.

“The administration has concealed the suicide epidemic, that more than 650,000 veterans wait on average six months to have their disability claims reviewed, and that hundreds of thousands of veterans wait more than a month to see a VA doctor,” Sullivan said.

But when it comes to the medical care provided by the VA, the care is above average to excellent, Sullivan said.

David Autry, director of communications of Disabled Americans Veterans had a similar view.

“We know from a lot of studies that the veteran’s healthcare system is one of the finest in the world,” he said, “even if there is some unevenness in the system.”

(EDITORS: STORY CAN END HERE.)

Republican John McCain won the Harvard poll, which asked which presidential candidate would do the most for military medical care.

Sullivan said that although the Veterans for Common sense is a non-partisan organization, its answer is different.

“Senator McCain votes in favor of veterans only about 30 percent of the time. In sharp contrast, Senator Obama, the presumptive Democratic nominee, votes in favor 90 percent of the time,” he said.

Harris Interactive, a polling firm, conducted the survey for Harvard’s public health school, interviewing 1,007 people by phone between April 30 to May 4. The sampling error was +/- 3.0 percent.

Posted in Veterans for Common Sense News | Tagged | Comments Off on VCS in the News: Poll Finds Low Opinion of Military Medical Care

Montana Model for Assessing Returning Vets for PTSD and TBI

February 18, 2009 – Following the suicide two years ago of a recently deployed combat vet, Montana has become a model for accessing and assisting veterans who show symptoms of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI). While the plan doesn’t go nearly far enough, it’s one that I understand the Obama administration is seriously considering for nationwide implementation – and it would be an excellent first step.

    Montana’s reforms started after Chris Dana, a specialist with the 163rd Infantry of the Montana National Guard, returned from combat, began isolating himself from family and friends, and quit attending Guard drills. His commanders told him to get his act together or they’d run him out of the Guard. Dana received a less-than-honorable discharge a few months later and put a bullet through his brain on March 4, 2007. That occurred as I was flying to New York City to help judge the Pulitzer Prizes at Columbia University; after I got back to Montana, I’ve covered this story ever since.

    In a highly patriotic state – Montana has the second-highest ratio of vets in its population, trailing only Alaska – Dana’s suicide was an outrage. His stepbrother Matt Kuntz, a former Army officer and attorney in Helena, stirred the pot with angry guest editorials in Montana’s newspapers.

    “I may sound pretty damn angry and bitter, and I am,” Kuntz told me at the time. “We should have fixed this before. And the clock is ticking. If you think there aren’t people out there right now staring at their guns, you’re wrong.”

    Stung by the public reaction, Gov. Brian Schweitzer and Adjutant General Randy Mosley convened a panel, solicited suggestions for reform, and adopted them all within about 15 months. Many of the reforms broke new ground within the National Guard Bureau because they set a new standard. They also cost more money to implement.

    Probably most important was that soldiers returning from deployment receive a mental health assessment every six months for the first two years after their return. Counselors probe for signs of stress, including anxieties, sleep disorders, family problems and excessive alcohol use. It’s a mandatory requirement, so it reduces the stigma of a soldier reaching out for help with an emotional disorder. And it recognizes that many soldiers don’t begin to experience the symptoms of PTSD or TBI until they’ve been home for six months to a year.

    Second was the creation of crisis response teams made up of unit officers, NCOs, personnel officers and a chaplain. When a soldier quits coming to drill, they’re activated to find out why and provide help. They can also respond to concerns voiced by family members of other soldiers.

    In addition to that, TriWest Healthcare has provided the funding to station counselors with the Army National Guard and the Air National Guard during their drill weekends. They’re on hand to talk with personnel and observe. The theory is that soldiers feel more comfortable talking with counselors in a less formal setting, and it seems to be working because TriWest has recently renewed its one-year pilot program.

    The state adjutant general pledged to quit signing less-than-honorable discharges unless he personally investigated the circumstances and became convinced that they were justified. That’s a big change in the military culture where discipline – rather than help – is the norm. Since only vets with honorable discharges get benefits, this should mean that more of the vets suffering from emotional disorders will get the help they need at the government’s expense.

    The Montana National Guard also got the funding it needed to continue weekend drills for the first 90 days after soldiers returned home. Originally, the idea was to give them a three-month break as soon as they got home. But we learned that soldiers can’t talk with their wives and families about what they went through – they need the support of their fellow soldiers. Since the soldiers don’t really need to hone their fighting skills at that point, the idea now is to bring soldiers and their families together for a weekend drill in which they can all participate. The focus will be on reintegrating soldiers with their families with workshops on interpersonal relationships, anger management, financial planning and the like. But they can talk with their buddies and include their families in those discussions at the same time.

    Finally, the Guard’s family readiness units were strengthened to help families adjust not only during deployment, but after it. Even more important, they’re open to all families, including branches of other services and veterans.

    Capt. Joan Hunter, a US Public Health Service officer who is director of psychological health for the National Guard Bureau in Washington, DC, said: “Montana has gone beyond the level of other states in the country, and I applaud that. They saw an emergency need, studied the problems, and made some significant improvements.”

    It was enough even to melt the anger of Kuntz, Dana’s stepbrother. “The Guard has done an unbelievable job of changing,” he told me. “It takes a lot for a big organization that does a lot of things right to look for what they did wrong and address those flaws. I’m really impressed with what they’ve done.”

    It’s still not enough, however.

    The VA is underfunded, understaffed and overpaperworked. It can take a vet in crisis a month or two or three even to get in for an initial evaluation. Some vets have committed suicide rather than spend the time in a dual agony, wrestling with their own demons and fighting with the bureaucracy. At a time when our economy is tanking and our national debt is skyrocketing, it seems counterintuitive to commit more funding to vet care – but it’s critical.

    And the VA’s treatment is too safe and conservative, mostly talking with counselors and participating in group therapy and swallowing lots of pills. There are some alternative therapies that appear to work in private practice, but former VA Secretary Dr. James Peake told me he didn’t want to experiment with soldiers and that only the therapies that had been clinically proven would be employed by the VA.

    But that’s not enough … not when we have an estimated 500,000 young warriors coming home and needing help for emotional disorders … not when we have vets from a string of conflicts stretching back to Vietnam needing help … not when we have more than 7 million ‘Nam vets, the majority of whom still need the help they were denied four decades ago. Now the ‘Nam vets (my generation) are facing retirement, their bodies are shutting down, and they’re realizing that we’ve needed help for a long time.

    Not acting is not an option because the social cost is enormous:

  # More active-duty soldiers are now taking their own lives than are being killed in combat in Iraq and Afghanistan.
  # One VA study recently found that two-thirds of married vets report family adjustment problems when they come home – more than half with physical or verbal conflict. Infidelity reports jumped from 4 percent in 2004 to 27 percent in 2007.
  # Alcoholism and drug abuse will become more pervasive. A new study of nearly 50,000 military personnel shows combat vets are 63 percent more likely than non-combat vets to abuse alcohol.
  # Joblessness and homelessness will follow, just as they did in the decades after the Vietnam vets came home.

    Last August, Sen. Barack Obama came through Billings to meet with veterans and find out what Montana was doing to help vets and how it was working. Kuntz later told me he gave his copy of my book, “Faces of Combat,” to Obama and told him to read it because it had all the answers to his questions. Now I’m told that the Obama administration is working to make the Montana model the national norm.

    That would be a good first step – but only a first step. We can’t afford to let these young warriors continue to slip through the cracks. They volunteered to go to war for us – now we need to go to war for them.

Posted in Veterans for Common Sense News | Tagged , , | Comments Off on Montana Model for Assessing Returning Vets for PTSD and TBI

VA Won’t Release Records About Spokane Psychiatrist

February 17, 2009, Spokane, WA – The U.S. Department of Veterans Affairs will not say whether the psychiatrist who attended to two veterans who killed themselves last year was involved in other cases resulting in suicide in 2008.

Finding that the “employee’s privacy interest prevails over the public interest,” the VA denied a request by The Spokesman-Review under the Freedom of Information Act to release information about Dr. William L. Brown, a psychiatrist at Spokane Veterans Affairs Medical Center.

Brown attended to Lucas Senescall, a 26-year-old Navy veteran with a history of mental illness who sought help at the behavioral health department of the medical center on July 7. Senescall hanged himself within four hours of leaving the medical center.

He was one of six veterans under Spokane VA care to commit suicide last year, a marked increase in such deaths over previous years. The suicides came amid heightened concern for the mental health of soldiers and veterans nationally. Since July, the Spokane medical center has joined other VA medical facilities in strengthening protocols for identifying patients at risk of suicide.

Citing confidentiality rules, the VA would not identify the other veterans who committed suicide in 2008, but the identity of Spc. Timothy Juneman, 25, became public when his family wrote U.S. Sen. Patty Murray about concerns with VA mental health care.

Juneman, a National Guardsman and former Stryker Brigade soldier who had been diagnosed with post-traumatic stress disorder and traumatic brain injury, hanged himself March 5 in Pullman.

Brown attended to Juneman in early January when he was released from inpatient suicide watch at the Spokane VA, and had prescribed Juneman several medications, including antidepressant, anti-anxiety and antipsychotic drugs.

Juneman, whose body was not found until nearly three weeks after his death, had missed several medical appointments, yet there was apparently no effort to contact him.

The parents of both Senescall and Juneman have raised concerns that the Spokane VA could have done more to save their sons.

“I took him to the hospital to get him help,” said Senescall’s father, Steve Senescall, on Tuesday. “My son was rocking back in forth in his chair with his hands over his mouth to keep from screaming. He needed help and instead (Brown) kicked us out and said ‘see you in two weeks.’ “

Brown, who continues to work for the medical center, has declined through superiors to comment. Sharon Helman, the medical center’s director, has declined comment on whether there has been any disciplinary action as a result of any of the 2008 suicides.

In a July 18 letter, the newspaper requested information from Spokane VA, including whether Brown was involved in the care of any of the other veterans who killed themselves in 2008. The request was denied, and the newspaper appealed to the VA office of general counsel on Aug. 14.

This month, the VA acting general counsel John H. Thompson denied the appeal, citing exemptions under the Freedom of Information Act that protect records, “the release of which would lead to a clearly unwarranted invasion of personal privacy.”

The newspaper’s request for information did not include the identities or records of the dead veterans. But Thompson also cited privacy exemptions in denying information about Brown’s involvement in any of the cases, which he said could be “taken out of context” and “could be misleading and inflammatory.”

The office of U.S. Rep. Cathy McMorris Rodgers did not return calls on Tuesday seeking comment about whether the psychiatrist’s privacy rights outweigh the public’s right to the information.

Murray was unavailable for comment, according to a spokesman.

Reached at Spokane VA Medical Center, Associate Director Perry Danner said, “We will let the (general counsel’s) letter stand as is.”

Kevin Graman can be reached at (509) 459-5433 or kevingr@spokesman.com.

Posted in Veterans for Common Sense News | Tagged , | Comments Off on VA Won’t Release Records About Spokane Psychiatrist