Nov 16, VCS in the News: Deadly Iraq War Duty for Soldiers from Fort Carson

Fort Carson has sent thousands of troops into action overseas. But nine may have brought too much of the war home with them and have been linked to violent crimes.

November 16, 2008, Colorado Springs, Colorado — Erica Ham was walking to a bus stop, heading for work as a nursing-home housekeeper, when a car struck her from behind.

Three men jumped out. “Get on the ground!” one with a gun ordered. Another stabbed her repeatedly, puncturing a lung and slitting her left eyelid. Police found her unconscious but alive, her cellphone at her ear.

Matthew Orrenmaa was shot as he walked to get gas for his truck, Zachary Szody as he talked with a friend in front of a Colorado Springs house. Cesar Ramirez-Ibanez and Amairany Cervantes were gunned down as they posted a garage-sale sign. Kevin Shields was shot to death on his 24th birthday, Robert James for the cash in his wallet, Jonathan Smith in an attempted robbery, Sara

Sherwood by a husband who then killed himself. Judilianna Lawrence was murdered by a rapist who slit her throat. Jacqwelyn Villagomez was beaten to death.

The victims had just one thing in common: The men accused of attacking them all went to war in Iraq with the same Fort Carson unit, the 4th Brigade Combat Team, 4th Infantry Division.

In three years, nine men from that single 3,700-soldier Army brigade have been charged in 10 murders and attempted homicides, all but two in or around Colorado Springs. Some of the attacks appear frighteningly random; victims were shot and stabbed by men they had never seen before. Four of the victims — Orrenmaa, Szody, Shields and James — also served at Fort Carson.

Of the accused, one had been sent home early from Iraq with mental-health problems. Another had been hospitalized with post-traumatic stress disorder. Another had become addicted to painkillers prescribed for his wounds.

Another had been allowed to enlist despite a juvenile record of killing a 12-year-old boy with a shotgun. He was sent to a second tour in Iraq despite a head injury and a felony charge of threatening his girlfriend with a gun. Even after he was court-martialed for threatening officers, the Army let him go with a “serious misconduct” discharge and no mental-health care.

The string of killings has drawn the attention of the Pentagon, and an investigation has been ordered by Maj. Gen. Mark Graham at Fort Carson to determine what, if anything, the Army could have done to prevent the off-post killings and attacks.

While that is underway, soldier advocates and families of the victims are asking questions of their own.

“They’re your problem”

Debra Shields, Kevin Shields’ mother, wonders why the Army didn’t take stronger action when one of the soldiers accused in her son’s murder was discharged after making threats against officers in Iraq.

Instead, they were “thrown out on the street — now they’re your problem,” she said. “Well, your problem became my problem. They killed my son.”

Paul Sullivan, executive director of Veterans for Common Sense, contends that inadequate mental-health treatment for returning war veterans is partly to blame. He contrasts the policies of big-city police departments, which place officers involved in shootings on paid leave and refer them to counselors, with the brief mental-health questionnaires handed to soldiers returning from a war that demands split-second decisions about shooting people in raided houses and moving cars.

“This is a pattern we’re starting to see around the country. This is a national problem. We consider it the tip of the iceberg of a social catastrophe caused by President Bush’s failure to plan for hundreds of thousands of physical and psychological casualties,” Sullivan said.

Other Army posts have seen returning soldiers accused of murder, but “the largest cluster that we’re aware of is at Fort Carson,” he said. “Fort Carson is clearly the peak of the problem.”

Graham has formed a task force of experts, including some from the Army surgeon general’s office, to investigate whether there is any “commonality” among the homicides that could help identify warning signs and prevent future cases.

“Our hearts and condolences go out to the families of those who were lost to the soldiers. We don’t train soldiers to do things like this,” he said.

Graham said the Army trains soldiers to quickly discern right from wrong — when to shoot and when to hold fire. And it is striving to encourage those who have been wounded psychologically “that it’s a sign of strength, not weakness, to come forward for help.”

In the past three years, 4,000 to 5,000 soldiers have served in the 4th Brigade during two tours in Iraq. The vast majority have caused no trouble for police or MPs during their time at home, which will end again soon as they prepare for a spring deployment to Afghanistan, Graham said.

“We are very proud of our soldiers and our officers,” he said. “They’re doing wonderful things for the nation. We don’t want to see the great work these soldiers have done marred by the acts of a few.”

Bookings of soldiers on rise

El Paso County jail records show that bookings of service members, largely from Fort Carson, nearly tripled in three years, from 162 in 2004 to to 451 in 2007. With 516 and counting, the 2008 bookings of service members already have surpassed those from last year. Most of the cases were minor — traffic violations, disorderly conduct, DUIs — but a growing number of service members have also been arrested on assault, harassment and robbery charges, restraining-order violations and property crimes, mainly theft.

In Colorado Springs, public defenders concerned about the growing arrest numbers have been talking to legislators and a judge about setting up a “veterans court” that could intervene at the first sign of criminal trouble.

At war in Iraq, soldiers aren’t allowed to drink alcohol. “We just see them coming back and getting blackout drunk, and that’s where all their criminal activity’s coming out,” said Deana Feist, a deputy state public defender in Colorado Springs. Many returning soldiers don’t feel comfortable without a gun and many suffer from post-traumatic stress disorder. “You add alcohol, and it’s a pretty dangerous combination,” she said.

“We’ve been seeing it for about 1 1/2 to 2 years now — soldiers sometimes picking up violent offenses,” she said. “In a really short period of time they can pick up three or four felonies and end up in prison when they’ve never been in trouble before.”

PTSD diagnoses increasing

The 4th Brigade Combat Team, 4th Infantry Division — formerly the 2nd Brigade Combat Team, 2nd Infantry Division — has had a series of long and sometimes bloody deployments. Its soldiers had already been deployed to South Korea when they were transferred to war-ravaged Ramadi, Iraq. In 2006 they went back to Iraq for a second, 15-month deployment. During the two deployments, 113 soldiers were killed in action.

Pfc. Stephen Sherwood was the first soldier in the brigade who killed after coming home. On Aug. 3, 2005, a week after he returned from Iraq, neighbors watched him take down the American flag at his Larimer County home and remove the “Support our troops” sticker from his vehicle. Hours later, he shot his wife, Sara, five times in the face and neck, then killed himself with a single shotgun blast.

In one pocket of his jeans, a sheriff’s deputy found a typewritten note from Sara explaining that she loved another man. “I love you but I’m not in love with you,” she had written. In another pocket, the deputy found an Associated Press report that 30 percent of troops returning from Iraq developed mental-health problems three to four months later.

From 2003 to 2007, nearly 40,000 U.S. troops were diagnosed by the military with post-traumatic stress disorder. The number diagnosed has been growing each year, along with multiple deployments.

Anthony Marquez was the second soldier to kill out of uniform. On Oct. 22, 2006, a botched attempt to rob a marijuana dealer, Jonathan Smith, led to gunfire. Smith was shot in the chest and died.

Marquez, a wounded soldier who had met President Bush at Walter Reed Army Medical Center in Washington, was charged with murder. In a plea agreement, he was sentenced to 30 years in prison.

“I knew I needed help. I knew I was out of control,” he said in a recent interview at the Bent County Correctional Facility. But he also feared his sergeant would say, “You’re lying; you’re just trying to get out of work.”

Marquez had been wounded in Ramadi on June 21, 2005, after an improvised explosive device detonated under a Bradley fighting vehicle. He and other soldiers scrambled out, only to be hit by machine-gun fire. Four bullets shredded his leg. Two of his friends died. He later learned that in the smoke and confusion, he may have been shot by soldiers in the convoy behind him.

After three months and 17 surgeries at Walter Reed, Marquez came to Fort Carson, where he grew addicted to morphine and Percocet. He said he was getting 90 pills at a time of each drug.

At first he took them for pain, but “it could also make you feel really good. Take it on an empty stomach. Drink some alcohol with it,” he said. “I was hooked on those pills pretty good.”

When he couldn’t get enough, he said he persuaded a doctor at Fort Carson to write a prescription off-base at a Walgreens pharmacy by claiming his drugs had been lost or stolen. Sometimes he and his friends shared pills.

“I started going downhill, coming to work late, not showing up, not in uniform,” he said. Of the shooting, “my mind was clouded up. I put myself in a bad situation,” he said, and “I always carried a weapon.”

Concerns were raised

Deana Feist was one of Marquez’s defense lawyers. She described him as “your all-American kid” before he went to war — likable and polite, a high school prom king whose mother worked as a police officer.

Before Marquez was arrested, Feist said, his mother had called Fort Carson to voice concern about her son’s deteriorating mental condition.

“There was enough information to raise the flags,” she said, “that somebody needs to take a look at this kid and oversee, evaluate, treat.”

Marquez said after he was arrested, the Army called his mother, seeking to test him for traumatic brain injuries. “She told them he’s already in jail,” he said. “They told her I slipped through the cracks. Well, I guess I did.”

He is not the only one. Last December, Colorado Springs police arrested three men who had served together in the 4th Brigade. The men were charged with a six-month crime spree, including the assault of Erica Ham and the murder of fellow soldier Spec. Kevin Shields.

Police accused Louis Bressler and Pfc. Bruce Bastien of murdering another soldier, Pfc. Robert James, then robbing him of $45, and attempting to murder Matthew Orrenmaa. Bastien had told police that Bressler shot Orrenmaa because Bressler’s wife had complained that “some guys” were following her earlier that night.

Orrenmaa said he had run out of gas on his way home from a party. He hopped out of his truck and was walking toward a Diamond Shamrock station when he heard someone firing a gun from a car.

Then the car pulled up beside him. One of the men inside said, “Come here” — and then “something about a girl and me saying something to some girl,” Orrenmaa recalled. “He pulled out a gun, shot at me once, hit me in the shoulder. I ran. He shot at me three or four more times.”

Orrenmaa wracked his brain afterward, trying to figure out why the man shot him. “Maybe I talked to somebody’s wife? It might have happened that week, that month, that year. I couldn’t figure out why somebody would do something like that. I was married, kept to myself.”

Bressler also was accused of shooting up a house. Kenneth Eastridge, a third soldier from the same brigade, admitted participating in the assault of Erica Ham and helping to cover up the murder of Kevin Shields.

Histories of violence

It wasn’t the first time Eastridge had been arrested for misusing a gun. As a child in Kentucky, he killed a 12-year-old friend, Billy Bowman, with a shotgun. The shooting was treated as accidental, a conclusion Billy’s father doubted. Kenneth had previously shot Billy “many times” with a BB gun, Bill Bowman said. “I told the judge, there’s no doubt in my mind we’ll see this boy again.”

In 2006, Eastridge was accused of menacing his girlfriend by grabbing her neck and pointing a .45-caliber handgun at her head, a charge that was pending when Fort Carson sent him to a second round of war in Iraq.

Last week, Eastridge testified that his best friend, Bressler, shot and killed Kevin Shields after a night of marijuana smoking and heavy drinking at two bars — and after Bressler lost a fistfight with Shields.

Under cross-examination, Eastridge acknowledged that he had been court-martialed on nine counts during his second tour, including threatening an officer and two noncommissioned officers in Iraq and getting caught with 463 Valiums. “They sent me to Kuwait to a hard-labor camp,” he said, then brought him to Colorado to discharge him.

He said he was falsely accused — by Bastien — of killing innocent people in Iraq.

He talked about the MySpace Web page he created in Iraq, where he wrote, “Killin is just what I do!!!” and that he liked violence, death, destruction, mayhem, carnage, chaos — and flowers. He had posted photos of himself standing over a dead body, holding a dead cat by the tail and brandishing a stolen AK-47.

In response to a jury question, Eastridge said he was thrown from a vehicle by an explosion during his first tour in Iraq, an injury that knocked him unconscious, afflicted his memory and injected “cerebral fluid” in his right ear. “I never left Iraq after I was wounded,” he added.

Bastien, who has been sentenced to 60 years in prison, violated his plea agreement last week by refusing to testify about the murder of Kevin Shields. He too had faced domestic-violence charges after returning from Iraq. Twice in 2007, police arrested him for allegedly assaulting his wife. The second time, an officer noticed “four marks to her upper chest” from cigarette burns.

Bressler, who has pleaded not guilty, was medically retired from the Army last year, according to Fort Carson. His wife, Tira, told The Gazette in Colorado Springs that he had been diagnosed with post-traumatic stress disorder and was taking medicine for depression.

This year, four more soldiers from the same brigade were arrested on homicide charges.

On May 5, Zachary Szody was shot twice on a residential street by someone in a passing car. On June 6, Amairany Cervantes and Cesar Ramirez- Ibanez were shot to death as they tried to post a garage-sale sign at a Colorado Springs intersection.

Police traced both shootings to the same AK-47. In August, another Iraq war veteran at Fort Carson, Pfc. Jomar Falu-Vives, was charged with two murders and an attempted murder, and Spec. Rodolfo Torres-Gandarilla as an accomplice.

Szody, a captain at Fort Carson, said he does not know the man accused of shooting him. “I was just visiting my old platoon sergeant, standing outside in front of his house,” he said. “The people in the car said nothing. They just drove by, I heard shots, hit the ground — and that’s when I realized I was shot.” He had been shot twice, in his left hip and right knee.

Marta Vives, Falu-Vives’ mother, cannot picture her son doing such things. He told her he was innocent, “and I believe him.”

They were deployed in Iraq together, mother and son. She went to Baghdad as a psychiatric nurse practitioner, and he enlisted to follow her. “He didn’t want his mother to go to war and not be there. He wanted to be with me, protect me.”

She said he had no drug or drinking problems, no criminal record, not even a tattoo. “He was a good guy. He actually did his job. He came back alive,” she said.

At worst, “I truly believe Jomar got caught up in something way above his head.”

Personality shift

On Labor Day this year, sheriff’s deputies responding to a complaint of an argument in a San Clemente, Calif., condo found a naked 25-year-old veteran at the door and subdued him with a Taser. In the bedroom, they found a severely beaten 19-year-old woman, Jacqwelyn Villagomez. She died the next day.

John Needham became the eighth veteran of the 4th Brigade to face homicide charges.

Family members have described Needham as an easygoing young man whose personality changed dramatically in Iraq. His commanding officer there “would not allow him to seek medical help for his emotional and mental situation,” said his father, Michael Needham.

In a November 2007 letter to Maj. Gen. Graham at Fort Carson, Needham complained that his son had been flown to Walter Reed for treatment of physical and mental injuries after becoming so despondent that he tried to kill himself in Iraq — and that Fort Carson officers had removed him against a psychiatrist’s advice, intent on returning him to active duty.

Needham commended Graham and his staff, saying they enabled his son to continue medical treatment in his home state of California. He now believes that help came too late.

On Oct. 13, 2008, a ninth member of the 4th Brigade was arrested on murder charges.

Judilianna Lawrence, a 19-year-old woman with a learning disability, had disappeared two days earlier after communicating with a stranger on the Internet. The El Paso County Sheriff’s Office concluded that stranger was Spec. Robert Marko, a soldier who declared on his MySpace page that he was becoming “a cold hearted killer and can kill without mercy or reason.”

Detectives said Marko had led them to a remote wooded area, off a chained dirt access road, where Lawrence’s naked body was found. Her throat had been cut.

Devastated lives

Families of the victims and alleged victims of the nine Fort Carson soldiers have no answers for whether war turned the soldiers into community dangers. But they are asking many of the same questions being addressed by Graham’s task force.

In Colorado Springs, Debra Shields has been living in a hotel room during the trial of the soldier accused of shooting her son.

She mourns that Kevin’s 4-year-old son “will never have a dad to throw a ball around,” that the baby daughter born six months after his death “will never have a dad to walk her down the aisle on her wedding day. It’s really hard. Sometimes Andrew will ask when Daddy’s coming home. His mom tells him, ‘Daddy’s not coming home, he’s in heaven.’

“He thinks Daddy’s still off fighting the war.”

She wishes “it was mandatory that those men go through a period of psychological evaluation and counseling” after returning from war, because “if it’s made mandatory, then that stigma of being weak is removed.”

These men “devastated our lives. They’ve also devastated their own families’ lives. They’re putting their families through hell,” she said.

“I can’t imagine what it’s like to have a child charged with murder, what it must feel like for them. At least they can go visit their child. I have to visit mine in a crypt.”

Post researcher Barbara Hudson contributed to this report.

Soldiers and the accusations: 1.Bruce Bastien, murder and attempted murder. 2.Louis Bressler, murder and attempted murder. 3. Kenneth Eastridge, conspiracy and attempted murder. 4. Jomar Falu-Vives, two murder counts, attempted murder. 5. Robert Hull Marko, murder and sexual assault. 6. Anthony Marquez, murder. 7. John Needham, murder. 8. Stephen S. Sherwood, murder. 9. Rodolfo Torres-Gandarilla, accomplice to murder, attempted murder.

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Obama Urged to Review Use of Private Firms in War

November 15, 2008 –  The Obama administration should move away from using private contractors in active battle areas in Iraq and Afghanistan and dramatically step up oversight, a Washington think tank urged on Friday.

The U.S. military has long used private contractors in fighting its wars, but Washington’s reliance on non-uniformed civilians has sharply increased over the past five years, the New America Foundation said in a new report.

It said the ratio of military personnel to private contractors is now around one to one, and some experts believed there are more contractors than troops in Iraq, compared to 50 to one during the 1991 Gulf War, according to the report.

Experts say the number of contractors could rise further in coming years as the U.S. military reduces its presence in Iraq, and most agree that better oversight is long overdue.
After the Democrats took control of Congress two years ago, lawmakers worried by reports of corruption and other abuses began examining the use of private contractors in Iraq, including the Army’s use of a sole-source no-bid contract with KBR Inc, a former unit of Halliburton Co, which was once headed by Vice President Dick Cheney.

The issue got even more attention in September 2007 after bodyguards from the U.S. security firm Blackwater Worldwide opened fire in a Baghdad traffic jam, killing 17 Iraqi civilians and wounding 24 more while escorting a convoy of U.S. diplomats under a contract with the State Department.
The guards from the North Carolina-based private security firm say they acted lawfully and fired in self-defense, but an Iraqi government investigation said there was no provocation. The U.S. government is still investigating.

Even critics of the Pentagon’s increased use of private contractors concede that the trend is unlikely to be reversed completely, but they are particularly concerned about the use of armed private contractors to protect military troops and equipment.

The New America Foundation cited what it called “a government-wide abdication of responsibility” in overseeing private contractors, holding them accountable, and integrating them into military planning and force structure discussions.

The group urged the new administration to expand current federal law to govern the actions of contractors in Iraq and Afghanistan, beef up training, and better vetting of non-U.S. employees hired by private contractors.

Congress should also identify “red-lined” activities, such as interrogation, that should not be outsourced, it said.

Blackwater founder and chief executive Erik Prince attended the group’s news conference, and briefly introduced himself, but declined to answer any questions on the issues.
Human Rights First, another nonprofit group, also blasted the U.S. government’s “broad failure” to oversee contractors and hold them accountable, saying it had hurt the United States’ reputation as a world leader.

Kevin Lanigan, director of the human rights group’s law and security program, said he was hopeful the new administration would address the issue quickly, given Barack Obama’s interest in contractor reforms during his time as a senator.

“We can’t put the toothpaste back in the tube, but … a new administration provides us an opportunity” to quickly address some needed reforms, Lanigan said.
Tara Lee, an attorney and expert on national security law, also spoke at the news conference, defending the use of private contractors and noting that private companies often provided language skills and others services the military could not.

She warned that efforts to increase the liability of contractors in war zones could prompt companies to withdraw.

She said she was particularly troubled by a new agreement that would let Iraq prosecute not only defense contractors, but U.S. military personnel if they commit serious crimes in Iraq.
Defense Secretary Robert Gates last month said the final draft agreement, which creates a legal basis for American troops to stay in Iraq after a United Nations mandate expires at the end of this year, would protect U.S. troops.

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Veterans Groups Sue Bush Administration Over Delayed Benefits Claims

November 10, 2008 – Coming on the heels of the discovery that veterans’ benefit claims forms may have been shredded in regional offices nationwide, two veterans’ organizations have filed a lawsuit against the Department of Veterans Affairs. They’re attacking a related and, they say, similarly egregious problem: the time it takes for the VA to make a decision on a disability claim.

Clogged with more than 600,000 pending claims, the VA takes an average of more than six months to make a decision—70 percent more time than it took four years ago, the claimants allege. That means that disabled veterans can’t access their disability pay when they’re transitioning back into civilian society and need help the most, say critics.

If the claim is denied, an appeal takes even longer—an average of four years. Some stretch into decades. In comparison, private healthcare groups usually process claims in less than three months, including appeals.

In response, the Vietnam Veterans of America and the Veterans of Modern Warfare filed a preliminary injunction in a D.C. district court today against the VA. The two organizations, which together represent about 60,000 veterans, are asking for the VA to adhere to a time limit: 90 days to decide initial claims for disability benefits and 180 days to resolve appeals.

If those standards can’t be met, the suit asks that veterans receive interim benefits equivalent to what a veteran on a 30 percent disability rating would receive, or $356 per month for a single veteran without dependents. That’s not much, the groups say, but can be a “lifeline” for veterans attempting to adapt to civilian society.

“America has a covenant with its veterans. It always has,” says Charles Figley, an expert in post-traumatic stress disorder who has declared his support for the motion. “Young men and women raise their right hand; they swear to uphold and defend the Constitution of the United States, put themselves in harm’s way, and serve their country in whatever way they are asked to do. In return, America has promised that if they are injured in their service to the United States, they will be cared for.”

The VA referred questions to the Department of Justice, which did not immediately respond to a request for comment.

One veteran who says he’s been scarred by the system’s inefficiency is Bobby O’Daniel, a Marine Corps veteran. He returned from the 1991 Gulf War with depression, fatigue, aches, and diminishing vision that kept him from holding down a job or maintaining relationships, he says. At the age of 21, he knew his body shouldn’t be feeling this way.

But when he filed for disabilities benefits, he waited more than a year for the decision. And it rated him as having a 10 percent disability—at the time, about $87 per month. That led to “13 years of anger and frustration” as he appealed the decision, he says, not to mention the “shame in having to ask for something deserved that I had already earned.” His case is still ongoing.

Today’s lawsuit isn’t the first to target what’s seen as the inefficiency of the disabilities benefits system. A class action suit by Veterans for Common Sense and Veterans United for Truth last year went after the VA on a number of fronts, from charges that it made benefits decisions too slowly to that it failed to adequately augment its PTSD services. The suit was unsuccessful. Robert Cattanach, a partner at the law firm representing veterans in the current case, says that this one has a better chance of succeeding because it’s more focused.

Critics within government also have aired their concerns. In recent years, the Government Accountability Office has published at least four critical reports about the VA disabilities system, stating in 2007 that the benefits program was “in urgent need of attention and transformation” and “was poorly positioned to provide meaningful and timely support” for disabled veterans. Congressional statutes mandate that the VA resolve claims in a timely manner, but they don’t set deadlines.

Former VA Secretary Jim Nicholson says that during his tenure from 2005 to 2007, he pushed for a system that would expedite claims and allow interim benefits. “It didn’t have enough support inside the administration or on the Hill,” Nicholson says. “It was just such a dramatic departure from the way things were done.”

Veterans are hoping, however, that the judge will recognize that a dramatic change is needed—and that a lawsuit may be the only way to do it.

“We are bringing this suit as a last resort,” says Donald Overton, executive director of Veterans of Modern Warfare. “Everyone knows that the delays are terrible, but nothing has changed.”

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Mental Health Charity Helping U.S. War Veterans Gets Boost

November 11, 2008 – Major US mental health organizations pledged to offer volunteer help on Monday for a non-profit group that provides free counseling to US soldiers suffering from the psychological wounds of war.

The growing number of veterans from Iraq and Afghanistan facing mental disorders represents a “national crisis,” said Elizabeth Clark, head of the National Association of Social Workers (NASW), one of four organizations promising to assist the Give an Hour charity.

The American Association of Pastoral Counselors, American Psychiatric Association and American Psychological Association also threw their weight behind the non-profit, which seeks to enlist an army of volunteers to provide free mental health services to US troops and their families.

“The backing of these four organizations opens the door to roughly 400,000 mental health professionals,” Give an Hour spokeswoman Lauren Itzkowitz told AFP.

The group, founded three years ago by clinical psychologist Barbara Romberg, wants to expand its current list of around 3,000 volunteers to 40,000.

Of the 1.7 million soldiers who have served in Iraq and Afghanistan, around 300,000 suffer from post traumatic stress disorder (PTSD) or major depression and a slightly greater number experienced “probable” traumatic brain injury, a study released in April by the RAND Corporation estimated.

The cost of treating soldiers diagnosed with PTSD or depression in the first two years following their return from war was estimated by RAND to be up to 6.2 billion dollars, while the cost of one year of treatment for just 2,700 cases of traumatic brain injury identified to date was up to 910 million dollars.

When the RAND report was compiled, only around half of veterans had sought help for these “invisible” mental wounds of war on their return to the United States.

Much of the burden of helping US combat veterans and their families to cope with psychological problems has been carried by the military and the Department of Veterans Affairs.

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Tammy Duckworth, Iraq War Veteran, a Leading Contender for VA Secretary

November 13, 2008 – Those searching for tea leaves about Barack Obama’s favored picks for his Cabinet should look no further than the president-elect’s Veterans’ Day photo op. Joining Obama at a wreath-laying ceremony in Chicago was Tammy Duckworth, a former National Guard helicopter pilot who lost both legs in combat in Iraq and now directs the Illinois Department of Veterans Affairs.

Duckworth, who ran unsuccessfully for Congress in 2006, has surfaced as the leading contender for secretary of Obama’s Department of Veterans Affairs, several veterans advocates said. Illinois Sen. Dick Durbin and Rep. Rahm Emanuel recruited her for the ’06 race for Henry Hyde’s seat and Obama did an ad for her. She lost to Peter Roskam.

“Tammy is an incredibly inspiring leader and she has the potential to be our generation’s Max Cleland,” said Paul Rieckhoff, director of Iraq and Afghanistan Veterans of America. “She’s been innovative, empathetic, intelligent, aggressive and forward-looking.”

Cleland, a former Democratic senator from Georgia and decorated Vietnam War hero who lost three limbs in combat, headed Veterans Affairs under President Carter, and some say he is in the mix to return there under Obama. Another contender is said to be Arnold Fisher, head of Fisher House Foundation, a leading veterans’ charity.

But veterans advocates say Duckworth’s diverse background — she was born in Bangkok in 1968 and raised in Hawaii — and advocacy on behalf of Iraq and Afghanistan veterans makes her a compelling choice. The group Disabled Veterans of America is singing her praises, as is Sen. Daniel K. Akaka (D-Hawaii), chairman of the Senate Veterans Affairs Committee.

Duckworth has not been shy about her interest in the job, telling CNN this week: “When my commander in chief calls, I’ve always run for my helicopter and executed the mission I was given. And I would be deeply honored if President-elect Obama were to call.”

Another option for Duckworth could be succeeding Obama in the Senate; she is among the leading contenders for the post, which Illinois Gov. Rod Blagojevich will fill after Obama steps down.

A dark horse candidate to head the V.A. is the incumbent secretary, James Peake, appointed by Bush in 2007. A Peake aide, speaking only on the condition of anonymity, said her boss “has not yet made any plans, and his focus is on the transition.”

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Crackdown Begins on ‘Personality Disorder’ Separations

November 14, 2008 – Under pressure from Congress and following the Army’s lead, the Department of Defense has imposed a more rigorous screening process on the services for separating troubled members due to “personality disorder.”

 The intent is to ensure that, in the future, no members who suffer from wartime stress get tagged with having a pre-existing personality disorder which leaves them ineligible for service disability compensation.

Since the attacks of 9/11, more than 22,600 service members have been discharged for personality disorder.  Nearly 3400 of them, or 15 percent, had served in combat or imminent danger zones.

Advocates for these veterans contend that at least some of them were suffering from Post-Traumatic Stress Disorder (PTSD) or traumatic brain injury but it was easier and less costly to separate them for personality disorder.  By definition, personality disorders existed before a member entered service so they do not deemed a service-related disability rating.  A disability rating of 30 percent or higher, which most PTSD sufferers receive, can mean lifelong access to military health care and on-base shopping.

Over the last 18 months, lawmakers and advocates for veterans have criticized Defense and service officials for relying too often on personality disorder separations to release member who deployed to Iraq, Afghanistan or other another areas of tension in the Global War on Terrorism.

A revised DoD instruction (No. 1332.14), which took effect without public announcement August 28, responds to that criticism.  It only allows separation for personality disorder for members currently or formerly deployed to an imminent danger areas if: 1) the diagnosis by a psychiatrist or a PhD-level psychologist is corroborated by a peer or higher-level mental health professional, 2) if the diagnosis is endorsed by the surgeon general of the service, and 3) if the diagnosis too into account a possible tie or “co-morbidity” with symptoms of PTSD or war-related mental injury or illness.

Sam Retherford, director of officer and enlisted personnel management in the Office of the Secretary of Defense, said adding “rigor and discipline” to the process when separating deployed members for personality disorder is “very important,” considering what is at stake for the member.

Last year several congressional hearings focused on overuse of personality disorder separation after The Nation magazine exposed apparent abuses in a March 2007 article.  It described the experience of Army Specialist Jon Town.  In October 2004, while Town stood in the doorway of his battalion’s headquarters in Ramadi, Iraq, an enemy rocket exploded into the wall above his head, knocking him unconscious.

When he came to, Town was numb all over, bleeding from his ears,  and had shrapnel wounds in his neck.  For two years he struggled with deafness, loss of memory and depression before the Army, in September 2006, separated Town after seven years’ service.  He was separated for a pre-existing personality disorder and without disability benefits.  Writer Joshua Kors suggested there might be thousands of veterans like Town, separated administratively to save the services billions of dollars in benefits.

Last year, moved by this story and others, the Senate adopted an amendment to the fiscal 2008 defense authorization bill from now president-elect Barack Obama (D-Ill.), Kit Bond (R-Mo.) and Joseph Liberman (ID-Conn.).  It directed Defense officials to report on service use of personality disorder separations, and the Government Accountability Office to study how well the services follow DoD own rules for processing such separations.

The Army meanwhile reviewed its own use of personality disorder separations for more than 800 soldiers who had wartime deployments.  That review quickly found some “appalling” lapses, said an official, including incomplete files and missing counseling statements.  A few months ago the Army tightened its own rules for using personality disorder separations.

In June, the Defense Department reported to Congress that it would add “rigor” to its personality disorder separation policy, previewing the changes implemented in late August.  The Navy strongly had opposed the changes because it frequently uses personality disorder separations to remove sailors found too immature or undisciplined to cope with life at sea.

Requiring their surgeon general to review every personality disorder separation from ships deployed in combat theaters would be too burdensome, the Navy argued.  But Defense officials insisted on the changes.

The DoD report in June showed the Navy led all services in personality disorder separations.  For fiscal years 2002 through 2007, the Navy total was 7554 versus 5923 for the Air Force, 5652 for the Army and 3527 for the Marine Corps.  The Army led in personality disorder separations to members who had wartime deployments, with a total of 1480 over six years.  The Navy total was 1155, the Marine Corps 455 and the Air Force 282.   

DoD said it found “no indication” that personality disorder diagnoses of deployed members “were prone to systematic or widespread error.”  Nor did internal studies show “a strong correlation” between personality disorder separations and PTSD, brain injury or other mental disorders.

“Still, the Department shares Congress’ concern regarding the possible use of personality disorder as the basis for administratively separating this class of service member,” the report said.

In late October, GAO released its findings based on a review of service jackets for 312 members separated for personality disorder from four military installations.  It said the services were not reliably compliant even with the pre-August regulation governing separations.  For example, only 40 to 78 percent of enlisted member separated for personality disorder had documents in their files showing that a psychiatrist or qualified psychologist determined that their disorder affected their ability to function in service.

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Another Soldier’s Death in Medical Barracks in Arizona

November 13, 2008 – For the second time this year, a soldier has been found dead in a medical barracks at Fort Huachuca. And it may be awhile before answers are available in either case.

The body of Pvt. Paul Muse, 22, a native of Oklahoma, was discovered Saturday morning in the fort’s Warrior Transition Unit, which provides medical and mental-health support for soldiers wounded in action or troops recovering from other medical conditions.

A non-commissioned officer found Muse unresponsive in his room and called 911. The soldier was pronounced dead at the scene, a news release said.

Less than 10 months ago, another 22-year-old soldier was found dead in the same medical unit in a similar scenario.

The lifeless body of Pfc. Eli Baker of California was discovered in his room by a non-commissioned officer on Jan. 28, a Monday morning. Baker also was declared dead at the scene.

Fort Huachuca, about 75 miles southeast of Tucson, announced the second death on Wednesday, five days after it occurred.

Officials said the delay was because they couldn’t immediately verify when Muse’s family had been notified, because the fatality fell on a weekend that was followed by the Veterans Day holiday.

The latest death is under investigation, a process that may take several months, officials said.

The probe into January’s death was recently completed, but is still under review and won’t be made public until Baker’s family is told of the findings. When that might happen wasn’t clear on Wednesday.

Chis Grey, a spokesman for the Army’s Criminal Investigation Command, which is responsible for such inquiries, said it’s not unusual for deaths to take many months to investigate because Army detectives are extremely thorough as they search for answers.

“We treat every death as if it was a homicide,” Grey said. “We want to make sure we find out exactly what transpired.”

Warrior Transition Units are fairly new creations and several, including the one at Fort Huachuca, are being reviewed for possible closure, The Associated Press recently reported.

The units were set up at dozens of Army posts around the country last year in the wake of controversy over conditions at Walter Reed Army Medical Center in Washington, D.C., and concerns over follow-up care for veterans wounded in action.

The AP report said up to half of soldiers who ended up in the new units did not have medical problems serious enough to warrant them being there, and that most did not have combat injuries.

It isn’t clear why the two soldiers who died in Fort Huachuca’s Warrior Transition Unit were assigned to the medical barracks, but it appears that neither had battlefield injuries.

Muse, the soldier who died Saturday, enlisted in 2006 and had never been to war. Before being assigned to the medical unit on Oct. 6, Muse was a nodal network systems operator maintainer with the 40th Signal Battalion in Fort Huachuca’s 11th Signal Brigade.

Baker had recently finished boot camp and was still in training when he died.

Fort Huachuca spokeswoman Tanja Linton declined to comment Wednesday on whether there were any common links in the two deaths. She said it was premature to draw conclusions because the probe into the second fatality had just begun.

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Editorial Column: Care, Benefits for Vets Should be Top Priority

November 11, 2008 – George Washington once said, “The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional as to how they perceive the veterans of earlier wars were treated and appreciated by their country.”

Our first president had it exactly right. On this Veterans Day, as we continue to fight wars in Iraq and Afghanistan, it is more important than ever to honor our nation’s heroes by providing them the care and benefits they deserve.

In the 110th Congress, we have begun to live up to the promises made to our veterans. In 2007, we passed the single largest increase for veterans’ health care in the 77-year history of the Department of Veterans Affairs (VA). That means more money for post traumatic stress disorder (PTSD), traumatic brain injury (TBI) and prosthetics. We followed that up with additional funding this year.

Unfortunately, 17 of the last 19 VA budgets have been late. This is inexcusable. Funding for our veterans should take first priority.

I have introduced the Assured Funding for Veterans Health Care Act to make VA health care a mandatory spending item within the federal budget, like Social Security and Medicare. It currently has 127 co-sponsors. I am also supporting efforts to authorize appropriations for VA health care one year in advance of the start of the fiscal year. In other words, VA health care would have a one-year advantage over other programs, ensuring it is timely, sufficient and predictable. I am hopeful that next year we can finally improve the system for disbursing VA health-care funds.

In June of this year, Congress achieved another victory for our veterans by passing a new GI Bill of Rights. After World War II, Congress saw a need to help veterans rebuild their lives, for the benefit of both the individual service member and the nation as a whole. That original GI Bill offered veterans the chance to attend college, purchase a home and contribute to a slowly rebuilding American economy. Now we have extended that same opportunity to Iraq and Afghanistan veterans, including Reservists and National Guardsmen.

I am very proud that Congress passed legislation to reduce the immoral backlog of 800,000 VA disability claims. The Veterans Disability Benefits Claims Modernization Act, which President Bush signed last month, instantly pays partial claims for severely wounded veterans, completely overhauls the prehistoric ratings schedule that has contributed to the size and scope of the backlog, and repairs the flawed and broken system of processing claims.

The president also signed my legislation to improve mental health care for veterans and their families. Previous law allowed the VA to provide professional counseling, consultation, training and mental health services to the immediate family members of veterans being treated for service-connected conditions when such services are deemed necessary for the veteran’s treatment.

However, with respect to other veterans, the statute stated that the VA may only provide such services when they are initiated during a period of hospitalization. My legislation – the Mental Health for Heroes’ Families Act – eliminated that hospitalization requirement. Now we can end the nitpicking about how a veteran was injured or where they were treated and offer these services to each and every family that needs them.

There is much more to do in the weeks and months ahead. We must help veterans who are sleeping on the street or contemplating suicide. We must build more polytrauma units and improve access to mental health care. And we must hold the VA accountable for providing benefits in a timely fashion. I will continue to use my seat on the House Veterans Affairs Committee to ensure that we honor our veterans in deeds, not just words.

Congressman Phil Hare, D-Rock Island, is a member of the House Veterans’ Affairs Committee and served six years in the U.S. Army Reserves.

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Obama’s Plan for Probing Bush Torture

November 13, 2008 – With growing talk in Washington that President Bush may be considering an unprecedented “blanket pardon” for people involved in his administration’s brutal interrogation policies, advisors to Barack Obama are pressing ahead with plans for a nonpartisan commission to investigate alleged abuses under Bush.

The Obama plan, first revealed by Salon in August, would emphasize fact-finding investigation over prosecution. It is gaining currency in Washington as Obama advisors begin to coordinate with Democrats in Congress on the proposal. The plan would not rule out future prosecutions, but would delay a decision on that matter until all essential facts can be unearthed. Between the time necessary for the investigative process and the daunting array of policy problems Obama will face upon taking office, any decision on prosecutions probably would not come until a second Obama presidential term, should there be one.

The proposed commission — similar in thrust to a Democratic investigation proposal first uncovered by Salon in July — would examine a broad scope of activities, including detention, torture and extraordinary rendition, the practice of snatching suspected terrorists off the street and whisking them off to a third country for abusive interrogations. The commission might also pry into the claims by the White House — widely rejected by experienced interrogators — that abusive interrogations are an effective and necessary intelligence tool.

A common view among those involved with the talks is that any early effort to prosecute Bush administration officials would likely devolve quickly into ugly and fruitless partisan warfare. Second is that even if Obama decided he had the appetite for it, prosecutions in this arena are problematic at best: A series of memos from the Bush Justice Department approved the harsh tactics, and Congress changed the War Crimes Act in 2006, making prosecutions of individuals involved in interrogations more difficult.

Instead, a commission empowered by Congress would have the authority to compel witnesses to testify and even to grant immunity in exchange for information. Should a particularly ugly picture emerge, the option of prosecutions would still theoretically be on the table later, however unlikely.

 In Obama’s camp, there is a sense among some that such a commission would essentially mean letting Bush get away with crimes. “People have called for criminal investigations,” one person familiar with the talks told me this summer as plans got under way. On Wednesday, a person participating in the talks confirmed that some people involved in the planning felt strongly that the commission would amount to “bullshit” and that Bush officials should be prosecuted to the full extent of the law.

But few think prosecutions are realistic, given the formidable legal hurdles and the huge policy problems competing for Obama’s attention. Among them is the complicated task of closing down the military prison at Guantánamo Bay, which Obama advisors say is a priority. Some observers outside the Obama camp are also questioning how much Democrats really want exposed with regard to interrogation, since top Democrats in Congress were briefed in secret on some of the harshest tactics used by the CIA and appear to have done little, or perhaps nothing, to stop them.

Further complicating the Obama team’s planning is uncertainty about what President Bush might do. On the one hand, a blanket pardon for anyone involved in the interrogations could be viewed by the public as a tacit admission of colossal wrongdoing — after years of public denial — which would do nothing to help Bush’s tarnished legacy. Yet, if the administration fears an investigation will follow Bush out the door in January, they may not want to leave officials exposed to potentially revealing criminal proceedings. Bush might seek to frame a blanket pardon as a preemptive strike against wrongheaded, partisan retribution.

Constitutional scholars say a pardon of this kind would be an unprecedented move — the prospective pardon of not just individuals but entire categories of people, perhaps numbering in the thousands, for carrying out the president’s orders , which the White House has argued all along were legal.

Those scholars agree, however, that Article II of the Constitution gives Bush much latitude: There is no authority that can stop the president from doing so if he wishes, and there is no outside check or balance to revisit such a decision, however controversial it may be. “The president can do with pardoning power whatever he wants,” explained University of Wisconsin Law School professor Stanley Kutler. “It is complete and plenary unto itself.”

A blanket pardon from Bush could cover, for example, anyone who participated in, had knowledge of, or received information about Bush’s interrogation program during the so-called war on terror. Not only are there potentially too many people to name without risking missing somebody, but some of the names are presumably classified.

“The classic pardon is an identifiable individual; here you are talking about potentially thousands of people involved in illegal activities,” explained Jonathan Turley, a professor at George Washington Law School. A blanket pardon of this variety, Turley said, “would allow a president to engage in massive illegality and generally pardon the world for any involvement in unlawful activity.”

There are, in fact, some constitutional scholars who believe a pardon might actually facilitate more complete participation in a fact-finding commission, by removing the threat of looming liability. “Holding people accountable is certainly nice, but in terms of healing the country and moving forward, so is actually getting a clear picture of what happened and letting the public make an informed decision,” said Kermit Roosevelt at the University of Pennsylvania Law School. “If we had a pardon followed by something like a truth and reconciliation commission, that might not be such a bad outcome.” (Roosevelt represents a detainee held at Guantánamo.)

The politics of it would be fraught with danger, however, and could so blemish Bush’s legacy that some doubt he would go so far. “A pardon is an admission of guilt,” noted Donald Kettl, a political science professor at the University of Pennsylvania. Bush has argued for years that his interrogation program was perfectly legal. With a pardon, Kettl said, Bush is essentially saying, “Gee, maybe we did not do the right thing.”

It is not entirely unprecedented for a president to grant a pardon based on a category of behavior, rather than pardoning an individual by name. The day after his inauguration, President Carter pardoned all those who avoided the Vietnam draft by failing to register or by fleeing to Canada. George Washington pardoned participants in the 1794 Whiskey Rebellion. Andrew Johnson pardoned Confederate soldiers in 1865.

But these were pardons designed to foster reconciliation, handed out to categories of individuals who acted on their own conscience, rather than the president’s own allegedly illegal orders. “This would be a different deal completely,” explained Kettl. “It would be anticipating that people thought the official policy of the administration was wrong.”

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“Guantanamo and Its Aftermath” Details Shattered Lives of Detainees

November 11, 2008 – Detainees released from U.S. detention in Guantánamo Bay, Cuba and Afghanistan live shattered lives as a result of U.S. policies in the “war on terror,” according to a new report by the Human Rights Center and International Human Rights Law Clinic at the University of California, Berkeley.

The report, “Guantánamo and Its Aftermath: U.S.
Detention and Interrogation Practices and Their Impact on Detainees,” based on a two-year study, reveals in graphic detail the cumulative effect of Bush Administration policies on the lives of 62 released detainees. Many of the prisoners were sold into captivity and subjected to brutal treatment in U.S. prison camps. Once in Guantánamo, prisoners were denied access to civilian courts to challenge the legality of their detention. Almost two-thirds of the former detainees interviewed reported having psychological problems since leaving Guantánamo.

Download the full report

This report provides the first systematic glimpse into the world of former detainees once held in U.S.
custody in Afghanistan and Guantánamo Bay, Cuba. The primary objective of the study was to record the experiences of these men, assess their treatment in detention, and explore how the conditions of their incarceration affected their subsequent reintegration with their families and communities.

Using semi-structured questionnaires, researchers interviewed 112 people from July 2007 to July 2008. Of these, 62 were former detainees residing in nine countries who had been held in U.S. custody without trial. Another 50 respondents were key informants, including former and current U.S. government officials,
representatives of nongovernmental organizations, attorneys representing detainees, and former U.S.
 military and civilian personnel who had been stationed in Guantánamo or at detention facilities in Afghanistan.

Researchers compared this interview data to media reports about former Guantánamo detainees, relevant documents released by the Department of Defense, and reports by the U.S. government, independent organizations, and the media.

The report recommends establishing an independent, nonpartisan commission to investigate and publicly report on the detention and treatment of detainees. The commission should have subpoena power to compel witnesses and gain access to all classified  materials concerning apprehension, detention, interrogation, and release of detainees taken into U.S. custody.

About the Authors

The lead authors for the study are Laurel Fletcher, Director of the International Human Rights Law Clinic and
Clinical Professor of Law, and Eric Stover, Faculty Director of the Human Rights Center and Adjunct Professor in the School of Public Health and School of Law. The authors have conducted numerous studies pioneering the use of empirical data collection in emerging areas of international human rights and humanitarian law.

Professor Fletcher has expertise designing and implementing an interdisciplinary, problem-based approach to human rights research, advocacy, and policy. She works in international criminal and humanitarian law as well as globalization and migration. She has conducted field work on grave human rights violations in countries including Bosnia, the Dominican Republic, Haiti, and the United States. Professor Fletcher has extensive experience interviewing survivors of gross human rights violations as legal counsel, investigator, and researcher.

Professor Stover has extensive research experience conducting fieldwork with victims of gross human rights violations in over a dozen countries, including the former Yugoslavia and Rwanda.

During the wars in Croatia and Bosnia he led several
medico-legal investigations of mass graves as an Expert on Mission to the International Criminal Tribunal for the former Yugoslavia in The Hague. He also conducted a survey of mass graves throughout Rwanda for the International Criminal Tribunal for Rwanda in 1995. He is the author of an award-winning book, The Witnesses: War Crimes and the Promise of Justice in The Hague. Since 2006, he has investigated the relationship between human rights violations and the spread of infectious disease in Burma and its border regions.

The study was conducted in partnership with the Center for Constitutional Rights 

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