Officer says military courts need to lean from civilians on PTSD cases

Officer says military courts should learn from civilian counterparts in PTSD-related cases
ALLEN G. BREED, AP National Writer
May 12, 2012

Army Staff Sgt. Ryan Miller knew that deserting his post was a serious crime. But, by then, he had a lot more on his mind and heart than his job.

Back in 2003-2004, while Miller was deployed as a cavalry scout in Afghanistan, his father died, his mother was diagnosed with cancer, and he was facing divorce. During his second tour, this time in Iraq, his best friend was killed by a roadside bomb.

A few months before his November 2007 serve-out date, while stationed at Fort Drum, N.Y., Miller learned that he had been "Stop-Loss'd" — meaning he would remain with his unit for a third deployment. He walked away twice, for a total of 19 months.

At his court-martial two years ago, Miller testified that he knew he was likely suffering from post-traumatic stress disorder, but purposely avoided treatment "in fear that I would be labeled a 'nut' and no longer be respected by my peers or subordinates."

When it came time for sentencing, the prosecutor, Capt. Christopher Goren, argued that Miller should be made an example.

"If we allow Staff Sgt. Miller to get off easy, what kind of message will that send?" he asked the judge.

"It would tell all those soldiers, lower soldiers, it is OK to go AWOL, which it is not." Goren asked that Miller be sentenced to seven months' confinement, reduction in rank to the lowest enlisted grade and a bad-conduct discharge — which would have cut him off from the medical and mental-health benefits usually available to veterans.

But Col. Michael Hargis, the presiding officer, recommended that all but the demotion be suspended, on the condition that Miller undergo treatment and counseling.

Maj. Gen. James L. Terry, then commander of the 10th Mountain Division, went along with the recommendation. Miller successfully completed his treatment and was granted an honorable discharge.

In the world of military justice, Miller's case is far from the rule. But some voices within that system are calling for change, saying military courts can learn from the recent experience of their civilian counterparts.

Civilian courts across the country have acknowledged the fact that, after a decade of fighting in Afghanistan and Iraq, some veterans' crimes can be traced back to battle-zone trauma — and that they shouldn't go to jail or prison for them. The same consideration should be given by the military legal system when damaged warriors come before it, say some military law authorities, including Maj. Evan Seamone.
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