Military CO and PD

CO
Conscientious Objector
From Germany

Hidden Wars: US Troops in Germany
"The point now is how do we work together to achieve important goals. And one such goal is a democracy in Germany." George W. Bush, May 2006

There's an unexpected front in the Bush administration's "war on terror" - Germany. And the roughly 68,000 US troops stationed across the country often find themselves in the center of controversy over US foreign policy.Take Agustín Aguayo, a Mexican-American conscientious objector (CO) formerly based in Bavaria. Aguayo unsuccessfully applied for CO status before deploying in 2004, and citing non-violence, even refused to carry a loaded weapon during his year as a combat medic in Iraq.In late 2005, Aguayo appealed to a US Federal court on grounds that his CO status had been wrongfully denied, and after his bid was rejected, fled Germany rather than redeploy to Iraq in September 2006. Before surrendering to military authorities in California less than a month later, Aguayo held a press conference stating, "I have come to believe that it is wrong to destroy life, that it is wrong to use war, that it is immoral, and I can no longer go down that path."Aguayo was promptly sent back to Germany and thrown in the brig. His case became something of a national cause célèbre, with prominent German newspapers reporting his eventual court martial and conviction for desertion.

Other US troops in Germany seeking early discharge have been luckier, and many can thank the Bammental-based Military Counseling Network (MCN). In fact, all seven of the conscientious objector applicants the MCN supported through the application process in 2006 ended up receiving Honorable discharges.One was former US Army Specialist Kyle D. Huwer, who served for one and a half years before, as he puts it, "I finally came to my senses and realized that what I was doing was wrong."Another was former US Army Private Clifton F. Hicks, who served from the summer of 2003 to late 2005. Hicks says, "I joined to defend the people of the United States, and when I found our Army was not doing that, and that I was in fact being used to further the goals of evil men, I began to question my involvement in such an organization."For some troops in Germany, going AWOL (absent without leave) seems the only option, such as "John," who took a stateside leave earlier this year and never returned.Even John's family does not know where he is now, and it could be for the best. His parents are avid Bush-supporters; his uncle works for a weapons manufacturer and his stepfather, for an oil company.

The only person John has fleeting contact with is his girlfriend, "Sarah," doing her best to cope with his absence. Sarah had lived in Germany with John and is frustrated with life back in the US: "Watching the news here really makes me angry, people are so detached from reality. They increase the troop deployments from 12 to 15 months, and no one besides the military families recognizes it. They are sending back national guard people for multiple deployments, no one recognizes it. You hardly hear anything about what that puts on the families, emotionally and financially. I'm deeply mad and sad about that at the same time."Initially gung-ho about enlisting, John said second thoughts arose when he was repairing a phone hookup in Baghdad and spotted "Abu Ghraib" on a faulty fiberoptic cable. He felt part of something wrong: "I didn't directly have blood on my hands, but I was part of it."John granted an exclusive interview for this article, and spoke about becoming disenchanted with the military. Of his year in Baghdad: "It was not what I was expecting at all.

There are people in Iraq making HUGE sums of money profiting over poorly supervised and ill-run government contracts. When you hear about the cost of the war in Iraq, it's this kind of thing that's doing it, not the body armor, having to pay the soldiers a couple of meager extra bucks, or armoring the humvees. It's paying KBR $90 for every time I turn in my laundry while paying poor Pakistani and Filipino workers who work long hours with no days off for years at a time (and handling thousands of bags of laundry) $15 a day."John's unit returned to Germany in mid-2006, but he says, "We were treated like dirt still, and being late in the morning was a serious thing because they were afraid of people killing themselves overnight."After a few months out of Iraq, John felt "a tantalizing taste of freedom and what life should be like, not what life in the army is."

Rather than deploying to Afghanistan later this year, he approached the Military Counseling Network and decided to go AWOL.While MCN counsels US troops on a range of early discharge possibilities, case manager Tim Huber says that conscientious objection and hardship are currently the most prevalent choices: "These two discharges reflect an expansive array of problems with the military, including problems with the morality of the current war in Iraq, family issues, a dismissive attitude on the military's part towards post-traumatic stress disorder, and a general fed-upedness towards rotational deployments with no end in sight."

Huber and MCN Director Michael J. Sharp face a daunting workload. Since the beginning of this year, they have handled roughly ten new soldier cases every month - a 30% increase over the numbers averaged in 2006.Of course, the majority of US troops in Germany are not seeking early discharge. The military has become a way of life, and that can present challenges when they eventually return home and look for civilian work.That's where Sudie Nolan-Cassimatis comes in, a vibrant woman who teaches job-application skills to retiring service members.

As part of the Department of Labor's Transition Assistance Program, Nolan-Cassimatis travels across Germany to different military bases each week, coaching classes of 10-50 on the finer points of entering the US job market. Basics such as writing résumés and answering interview questions are covered in the course, but as Nolan-Cassimatis observes, "these things seem very straightforward to those of us who have never been in uniform, but don't seem at all straightforward to folks who have spent their careers in the military."She's clearly dedicated to her work: "Mostly, I am amazed and touched each week at the stories I hear from soldiers. Many of them have been deployed twice or more, even the soldiers who are only 22 years old, and they have a resilient spirit.

They've given up multiple years of their lives. Many of them have kids that they've been away from for years at a time. I think it's only fair that they get a shot at a job on the outside."Nolan-Cassimatis knows firsthand about having a loved one serving in a war zone. Her husband Dimitri is currently in Baghdad working as a Squadron Surgeon.Before deploying, Dimitri Cassimatis was a cardiologist at the sprawling Landstuhl Regional Medical Center (LRMC) in southwestern Germany.

It is the largest American hospital outside of the US and the first stop for medical and psychiatric evacuees out of Iraq and Afghanistan.C-17 cargo planes drop off the wounded day and night, and LRMC's staff of 2,200 can handle 1000 beds in an emergency. A typical day at LRMC sees nine new acute cases.On a recent visit to the facility, the Iraq war's toll on US troops was brutally evident. A 23-year-old soldier, physically shattered and facing blindness, was among many battling for life in the Intensive Care Unit. Couldn't even see the newly-earned purple heart pinned to his pillow.In the next ward, a fresh-faced young woman whose neck had been crushed during a bad fall. A 19-year-old nearby contemplating life with just one leg.

Relentless stories of IED (improvised explosive device) attacks and sniper assaults; youth putting a brave face on lives torn apart and innocence lost.The wounded at LRMC may be under the radar for most Germans, but debate continues over whether the US military presence there ultimately perpetuates the Bush administration's wars. Just last week, a group of Iraq veterans and German peace activists demonstrated outside Katterbach Army Airfield in Bavaria, trying to convince active-duty soldiers preparing for a 15-month deployment to reconsider. As Adam Kokesh, a 25-year-old member of Iraq Veterans Against the War (IVAW) told the Berliner Zeitung newspaper, "There is no military solution for Iraq. An army can only destroy."

Kokesh and other US veterans were also trying to raise awareness about the struggle of those in the Bavarian town of Ansbach working to resist the expansion of a US military base there.Advocates point out that Americans have lived peacefully in the country for decades, supporting the economy, contributing to communities and befriending locals. But as Lori Hurlebaus of Courage to Resist notes, "Even if the German military was not involved in the invasion of Iraq, there is a military conducting a war of aggression from German soil."Action ideas:
1. Read more about Agustín Aguayo's case (http://www.aguayodefense.org/) and check out the site's great links. Aguayo returned to California in May for a whirlwind speaking tour; invite him to speak in your city via the site.
2. Learn more about war resisters at Courage to Resist (http://www.couragetoresist.org/).
3. Read more about early discharge possibilities at the Military Counseling Network (http://www.getting-out.de/).
4. Check out Iraq Veterans Against the War (http://www.ivaw.org/) founded in 2004 "to give a voice to the large number of active duty service people and veterans who are against this war, but are under various pressures to remain silent." Adam Kokesh and another IVAW member, Liam Madden, are being harassed by the Marines for their antiwar activities. Learn more and take action at the IVAW site.
5. Visit Veterans for Commonsense (http://www.veteransforcommonsense.org/), which aims "to raise the unique and powerful voices of veterans so that our military, veterans, freedom, and national security are protected and enhanced, for ourselves and for future generations." Note: Originally published: June 10, 2007
http://www.heatherwokusch.com/index.php?name=News&file=article&sid=125

PD
Personality Disorder

Senators Request Discharge Reviews and a Halt to Personality Disorder Discharges
by: Ernie1812
Thu Dec 27, 2007 at 14:37:57 PM EST
With bipartisan support, Senators urge President Bush to establish a Special Discharge Review Program to address the appalling practice of discharging service members on the basis of a "pre-existing personality disorder," thereby prohibiting treatment by the VA for the condition, and for a temporary moratorium on the military's use of such discharges.
Senator Barbra Boxer (D-CA) remarked, "It belittles the sacrifice of our men and women in uniform when you punish-instead of treat-those with combat injuries. When our brave service members are injured in combat, we cannot deny them benefits, blame their conditions on a pre-existing disorder, or refuse them the care and support they deserve."
Republican Senator Kit Bond of Missouri commented, "It is critical that the government starts treating all of our troops' battle wounds - physical and mental, visible and invisible."

Joshua Kors posted the letter here: http://www.joshuakors.com/letter2.pdf
Senator Barbra Boxer posted a press release on the letter: http://boxer.senate.gov/news/releases/record.cfm?id=289875
However, according to a recent AFPS article ( http://www.defenselink.mil/news/newsarticle.aspx?id=48489 )DOD still doesn't get what the big deal is. Accoding to Col. Joyce Adkins, director of psychological health and strategic operations, "'separation,' or discharge, on the basis of a personality disorder can benefit the discharged servicemember because it serves as a 'safety valve,' freeing the servicemember from further obligation to military service. 'If you have a job and you don't fit well with that job, you can quit,' she said. 'In the military, you can't just quit that easily. This is a way to say that this person doesn't fit well with this job and to allow them to pursue other employments.' "
Why all the fuss anyway, as the Col. put it "in large systems, like military health care, there are bound to be some issues with 'quality control.'"
...makes you feel all warm and fuzzy doesn't it.
Ernie1812 ::
Senators Request Discharge Reviews and a Halt to Personality Disorder Discharges
http://www.vetvoice.com/showDiary.do;jsessionid=14DB5C730E80369CB682C83BD1A31BB6?diaryId=299

This is what an appeal looks like and is about trying to get a correction from PO discharge into PTSD discharge.

Docket No. MD06-00905

7
DEPARTMENT OF THE NAVY

NAVAL DISCHARGE REVIEW BOARD (NDRB)

DISCHARGE REVIEW

DECISIONAL DOCUMENT





FOR OFFICIAL USE ONLY





ex-LCpl, USMC

Docket No. MD06-00905



Applicant's Request



The application for discharge review was received on 20060622. The
Applicant requests the Discharge Characterization of Service received at
the time of discharge be changed to honorable. The Applicant requests a
documentary record discharge review. The Applicant designated Disabled
American Veterans as the representative on the DD Form 293.



Decision



A documentary discharge review was conducted in Washington, D.C. on
20070419. After a thorough review of the records, supporting documents,
facts, and circumstances unique to this case, no impropriety or inequity
in the characterization of the Applicant's service was discovered by the
NDRB. The Board's vote was unanimous that the character of the
discharge shall not change. The discharge shall remain General (Under
Honorable Conditions) by reason of convenience of the government due to
a personality disorder.





PART I - ISSUES AND DOCUMENTATION



Decisional Issues



Equity: Applicant claims her discharge characterization should be
honorable because her medical records suggest her diagnoses should have
been PTSP/Major Depression and not Personality Disorder.



Documentation



In addition to the service record, the following additional
documentation, submitted by the Applicant, was considered:



Applicant's DD Form 214 (Member 4)

Letter from R_ L. C_, Jr., dtd May 2, 2006

Department of Veterans Affair Benefits Claim Letter, dtd
November 16, 2004 (6 pgs)

Department of Veterans Affair Benefits Decision Letter, dtd October 21,
2004, (13 pgs)



PART II - SUMMARY OF SERVICE



Prior Service (component, dates of service, type of discharge):



Inactive: USMCR (DEP) 20000622 - 20010107 COG

Active: None



Period of Service Under Review:



Date of Enlistment: 20010108 Date of Discharge: 20030218



Length of Service (years, months, days):



Active: 02 01 11

Inactive: None



Time Lost During This Period (days):



Unauthorized absence: None

Confinement: None



Age at Entry: 18



Years Contracted: 5



Education Level: 12 AFQT: 73



Highest Rank: LCpl MOS: 6317



Final Enlisted Performance Evaluation Averages (number of marks):



Proficiency: NA* Conduct: NA*



Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or
Authorized, (as stated on the DD Form 214): National Defense Service
Medal, Rifle Marksman Marksmanship Badge



*Not Available





Character, Narrative Reason, and Authority of Discharge (at time of
issuance):



GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:
MARCORSEPMAN Par. 6203.3.



Chronological Listing of Significant Service Events:



010909: Counseling: Advised of deficiencies in performance and conduct
(Violation of Article 86, unauthorized absence on 010914 (0715-0750)
from your appointed place of duty.), necessary corrective actions
explained, sources of assistance provided, disciplinary and discharge
warning issued.



020206: Counseling: Advised of deficiencies in performance and conduct
(Failure to satisfactorily past the PFT.), necessary corrective actions
explained, sources of assistance provided, disciplinary and discharge
warning issued.



020213: Counseling: Advised of deficiencies in performance and conduct
(Violation of Article 86, unauthorized absence on 020208 (0610-0630 and
020208 0900-0915) from your appointed place of duty.), necessary
corrective actions explained, sources of assistance provided,
disciplinary and discharge warning issued.



021122: Counseling: Advised of deficiencies in performance and conduct
(Diagnosis of Personality Disorder.), necessary corrective actions
explained, sources of assistance provided, disciplinary and discharge
warning issued.



021125: Medical evaluation by G_ W. N_, CDR MC USN, Head Mental Health:

This is at least the fifth psychiatric evaluation who's psychiatric
history is extensively documented in her medical record. She was seen
on 021122 in the Mental Health Clinic at Naval Hospital Beaufort due to
her complaints of depression and for an evaluation for suitability for
duty.

Diagnoses:

Axis I: Major Depression, Single Episode, Moderate, DSM IV 296.22

Axis II: Borderline Personality Disorder, DSM-IV 301.83

Findings and Recommendations:

LCpl E_ suffers from a longstanding disorder of character and behavior
that is of such severity as to interfere with her ability to function
effectively in the military environment. She lacks insight into the
severity of her condition and is not motivated to alter her behavior.
Because of this lack of insight it is unlikely that she will respond to
therapeutic interventions and her maladaptive behavior is likely to
persist. While not imminently suicidal, she is an ongoing risk for harm
to self and others it is recommended that the 6105 entry be waived and
she be administratively separated from the Marine Corps per MARCORSEPMAN
6203.3 by reason of unsuitability.



021227: Substance Abuse Counseling Center : SNM was
evaluated and does not meet criteria for Alcohol Abuse or Dependence.
SACC recommends SNM attend the next Early Intervention class if
available prior to separation.



030109: Applicant notified of intended recommendation for discharge as
general (under honorable conditions) by reason of Convenience of the
Government due to a Personality Disorder. The factual basis for this
recommendation was a mental health professional, diagnosed as having a
personality disorder. Applicant informed the least favorable character
of service possible was as general (under honorable conditions).



030109: Applicant advised of rights and having elected not to consult
with counsel, elected to waive all rights except the right to obtain
copies of the documents used to support the basis for the separation.



030109: Commanding Officer recommended Applicant's discharge with a
general (under honorable conditions) by reason of Convenience of the
Government due to a Personality Disorder.



030204: SJA review determined the case sufficient in law and fact.



030204: GCMCA, Commanding General, 2d Marine Aircraft Wing directed the
Applicant's discharge with a general (under honorable conditions) by
reason of Convenience of the Government due to a Personality Disorder.



Service Record was missing elements of the Summary of Service.



PART III - RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW



Discussion



The Applicant was discharged on 20030218 by reason of convenience of the
government due to a personality disorder (A) with a service
characterization of general (under honorable conditions). After a
thorough review of the records, supporting documents, facts, and
circumstances unique to this case, the Board found that the discharge
was proper and equitable (B and C).



The Applicant claims her discharge characterization should be honorable
because her medical records suggest her diagnoses should have been
PTSP/Major Depression and not Personality Disorder. The Applicant was
diagnosed with "Borderline Personality Disorder with Major Depressive
Disorder features" by competent medical authority at the Mental Health
Clinic, Naval Hospital, Beaufort, SC, and was recommended for
administrative separation from the Marine Corps by reason of
unsuitability. Thus, the Board finds that the Reason for Discharge
reflects the Applicant's mental health status at the time of her
discharge, and was proper and equitable at the time of issuance.
"Personality Disorder" is an accurate narrative description of the
reason for the Applicant's discharge. Relief is not warranted.



The documentation and statements provided by the Applicant were not
sufficient to overturn the presumption that the Applicant was properly
diagnosed with a personality disorder. The Applicant was diagnosed with
a personality disorder by a competent medical authority on 20021125.
The evidence reviewed did not persuade the Board that this diagnosis and
subsequent administrative separation were improper or inequitable.
Relief denied.



The Applicant remains eligible for a personal appearance hearing,
provided an application is received, at the NDRB, within 15 years from
the date of discharge. The Applicant can provide documentation to
support any claims of post-service accomplishments or any additional
evidence related to this discharge. Representation at a personal
appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)



A. Paragraph 6203, CONVENIENCE OF THE GOVERNMENT, of the Marine Corps
Separation and Retirement Manual, (MCO P1900.16F), effective 02 Sep 01
until Present.



B. Secretary of the Navy Instruction 5420.174D of 22 December 2004,
Naval Discharge Review Board (NDRB) Procedures and Standards, Part V,
Para 502, Propriety.



C. Secretary of the Navy Instruction 5420.174D of 22 December 2004,
Naval Discharge Review Board (NDRB) Procedures and Standards, Part V,
Para 503, Equity.



PART IV - INFORMATION FOR THE APPLICANT





If you believe that the decision in your case is unclear, not responsive
to the issues you raised, or does not otherwise comport with the
decisional document requirements of DoD Instruction 1332.28, you may
submit a complaint in accordance with Enclosure (5) of that Instruction.
You should read Enclosure (5) of the Instruction before submitting such
a complaint. The complaint procedure does not permit a challenge of the
merits of the decision; it is designed solely to ensure that the
decisional documents meet applicable requirements for clarity and
responsiveness. You may view DoD Instruction 1332.28 and other
Decisional Documents by going online at ``http://Boards.law.af.mil.''



The names, and votes of the members of the Board are recorded on the
original of this document and may be obtained from the service records
by writing to:



Secretary of the Navy Council of Review Boards

Attn: Naval Discharge Review Board

720 Kennon Street SE Rm 309

Washington Navy Yard DC 20374-5023



http://boards.law.af.mil/cgi-bin/quickview.cgi?filename=NAVY/DRB/Marine%202006//MD0600905.rtf
You can find appeals on line in just about every case.

The point of posting this is because we still do not know how many were discharged under PD or if they were ever evaluated again to see if they were given the wrong diagnosis, were able to receive compensation and treatment, find jobs, lost their homes or their families, or committed suicide. When it comes to CO, we hear about stories that unfold here, and some stories about them going to Canada, but we have not heard of the stories about them in Germany. CO and PD need to come out of the closet just as PTSD is finally becoming something we do talk about.