WASHINGTON — The Marine Corps on Monday released a plan aimed at preventing sexual assault and holding offenders and commanders accountable, noting that “despite our efforts, we have been ineffective at addressing and eliminating sexual assault.”
The plan, signed by Commandant Gen. James Amos, addresses many of the issues that victims and victim advocates frequently highlight — including an undue focus on victims’ personal life and command climates that foster sexual harassment and discourage reporting. It outlines a three-part campaign plan with a goal of “true zero tolerance, effective sustainment, empowered reporting, effective deterrence, engaged leadership and evolved culture.”
Anu Bhagwati, a former Marine officer and current executive director of Service Women’s Action Network, said the plan shows that the Marine Corps “has finally caught up to where the rest of the DOD leadership is, which isn’t saying that much.”
Read the entire story here.
This is a place for members of Home of the Brave to post thoughts, insights, and opinions about events related to the investigation of non-combat deaths of US soldiers, sailors, marines, and airmen.
Tuesday, June 26, 2012
Sunday, June 24, 2012
Panetta: Junior leaders can stop suicides
Defense Secretary Leon Panetta said Friday that preventing suicides is a foremost leadership responsibility shouldered by all commanders, but especially by junior leader, non-commissioned officers and petty officers with direct oversight over troops.
Calling suicide “the most frustrating challenge” of his position, Panetta said the Defense Department can create programs, conduct research and lead innovation in neuroscience, but leaders must tackle the issue “head on” because prevention falls to them.
“We will not tolerate actions that belittle, that haze, that ostracize any individual, particularly those who have made the decision to get help. Leadership throughout the department must make it understood that seeking help is a sign of strength, not a sign of weakness,” he said.
Read the entire story here.
Calling suicide “the most frustrating challenge” of his position, Panetta said the Defense Department can create programs, conduct research and lead innovation in neuroscience, but leaders must tackle the issue “head on” because prevention falls to them.
“We will not tolerate actions that belittle, that haze, that ostracize any individual, particularly those who have made the decision to get help. Leadership throughout the department must make it understood that seeking help is a sign of strength, not a sign of weakness,” he said.
Read the entire story here.
Saturday, June 23, 2012
Army Releases May 2012 Suicide Data
The Army released suicide data today for the month of May.
During May, among active-duty soldiers, there were 16 potential suicides: four
have been confirmed as suicides and 12 remain under investigation. For April,
the Army reported 14 potential suicides among active-duty soldiers. Since the
release of that report, one case has been added for a total of 15 potential
suicides: four have been confirmed as suicides and 11 remain under
investigation. For 2012, there have been 78 potential active-duty suicides: 42
have been confirmed as suicides and 36 remain under investigation. Updated
active-duty suicide numbers for 2011: 165 (confirmed as suicides and no cases
remain under investigation).
During May, among reserve component soldiers who were not on active duty, there were nine potential suicides (two Army National Guard and seven Army Reserve): two have been confirmed as suicides and seven remain under investigation. For April, among that same group, the Army reported 13 potential suicides. Since the release of that report, three cases have been added for a total of 16 potential suicides (seven Army National Guard and nine Army Reserve): 11 have been confirmed as suicides and five remain under investigation. For 2012, there have been 46 potential not on active-duty suicides (26 Army National Guard and 20 Army Reserve): 33 have been confirmed as suicides and 13 remain under investigation. Not on active-duty suicide numbers for 2011: 118 (82 Army National Guard and 36 Army Reserve) confirmed as suicides and no cases remain under investigation.
In a May 10, 2012, memorandum titled "Suicide Prevention for Department of Defense Personnel," Secretary of Defense Leon E. Panetta stated, "Suicide prevention is first and foremost a leadership responsibility. To that end, leaders throughout the chain of command must actively promote a constructive climate that fosters cohesion and encourages individuals to reach out for help when needed. We must continue to fight to eliminate the stigma from those with post-traumatic stress and other mental-health issues. Seeking help is a sign of strength, and department personnel, both military and civilian, must show this strength or assist those in need of help."
Panetta ended his memorandum by stating, "As leaders of the department, ensuring the health and safety of our people is our most important responsibility. Working together, we can and will make a difference."
Soldiers and families in need of crisis assistance can contact the National Suicide Prevention Lifeline. Trained consultants are available 24 hours a day, seven days a week, 365 days a year and can be contacted by dialing 1-800-273-TALK (8255) and pressing "1" for military members and veterans or by visiting their website at http://www.suicidepreventionlifeline.org .
The Army's comprehensive list of Suicide Prevention Program information is located at http://www.preventsuicide.army.mil .
Army leaders can access current health promotion guidance in newly revised Army Regulation 600-63 (Health Promotion) at: http://www.army.mil/usapa/epubs/pdf/r600_63.pdf and Army Pamphlet 600-24 (Health Promotion, Risk Reduction and Suicide Prevention) at http://www.army.mil/usapa/epubs/pdf/p600_24.pdf .
Suicide prevention training resources for soldiers, leaders, Department of the Army civilians, and family members can be accessed at: http://www.armyg1.army.mil/hr/suicide/training_sub.asp?sub_cat=20 (requires Army Knowledge Online access to download materials) .
Information about Military OneSource is located at http://www.militaryonesource.com or by dialing the toll-free number 1-800-342-9647 for those residing in the United States. Overseas personnel should refer to the Military OneSource website for dialing instructions for their specific location.
Information about the Army's Comprehensive Soldier Fitness Program is located at http://www.army.mil/csf .
The Defense Center for Excellence for Psychological Health and Traumatic Brain Injury (DCoE) Outreach Center can be contacted at 1-866-966-1020, via electronic mail at Resources@DCoEOutreach.org and at http://www.dcoe.health.mil .
The website for the American Foundation for Suicide Prevention is http://www.afsp.org , and the Suicide Prevention Resource Council site is found at http://www.sprc.org/index.asp .
Source: DOD Announcement, verbatim
During May, among reserve component soldiers who were not on active duty, there were nine potential suicides (two Army National Guard and seven Army Reserve): two have been confirmed as suicides and seven remain under investigation. For April, among that same group, the Army reported 13 potential suicides. Since the release of that report, three cases have been added for a total of 16 potential suicides (seven Army National Guard and nine Army Reserve): 11 have been confirmed as suicides and five remain under investigation. For 2012, there have been 46 potential not on active-duty suicides (26 Army National Guard and 20 Army Reserve): 33 have been confirmed as suicides and 13 remain under investigation. Not on active-duty suicide numbers for 2011: 118 (82 Army National Guard and 36 Army Reserve) confirmed as suicides and no cases remain under investigation.
In a May 10, 2012, memorandum titled "Suicide Prevention for Department of Defense Personnel," Secretary of Defense Leon E. Panetta stated, "Suicide prevention is first and foremost a leadership responsibility. To that end, leaders throughout the chain of command must actively promote a constructive climate that fosters cohesion and encourages individuals to reach out for help when needed. We must continue to fight to eliminate the stigma from those with post-traumatic stress and other mental-health issues. Seeking help is a sign of strength, and department personnel, both military and civilian, must show this strength or assist those in need of help."
Panetta ended his memorandum by stating, "As leaders of the department, ensuring the health and safety of our people is our most important responsibility. Working together, we can and will make a difference."
Soldiers and families in need of crisis assistance can contact the National Suicide Prevention Lifeline. Trained consultants are available 24 hours a day, seven days a week, 365 days a year and can be contacted by dialing 1-800-273-TALK (8255) and pressing "1" for military members and veterans or by visiting their website at http://www.suicidepreventionlifeline.org .
The Army's comprehensive list of Suicide Prevention Program information is located at http://www.preventsuicide.army.mil .
Army leaders can access current health promotion guidance in newly revised Army Regulation 600-63 (Health Promotion) at: http://www.army.mil/usapa/epubs/pdf/r600_63.pdf and Army Pamphlet 600-24 (Health Promotion, Risk Reduction and Suicide Prevention) at http://www.army.mil/usapa/epubs/pdf/p600_24.pdf .
Suicide prevention training resources for soldiers, leaders, Department of the Army civilians, and family members can be accessed at: http://www.armyg1.army.mil/hr/suicide/training_sub.asp?sub_cat=20 (requires Army Knowledge Online access to download materials) .
Information about Military OneSource is located at http://www.militaryonesource.com or by dialing the toll-free number 1-800-342-9647 for those residing in the United States. Overseas personnel should refer to the Military OneSource website for dialing instructions for their specific location.
Information about the Army's Comprehensive Soldier Fitness Program is located at http://www.army.mil/csf .
The Defense Center for Excellence for Psychological Health and Traumatic Brain Injury (DCoE) Outreach Center can be contacted at 1-866-966-1020, via electronic mail at Resources@DCoEOutreach.org and at http://www.dcoe.health.mil .
The website for the American Foundation for Suicide Prevention is http://www.afsp.org , and the Suicide Prevention Resource Council site is found at http://www.sprc.org/index.asp .
Source: DOD Announcement, verbatim
Saturday, June 16, 2012
Glitch blocks funds for military suicide prevention
A legal technicality is preventing the Pentagon from spending millions of dollars set aside to curb suicides, even as suicide in the ranks is on the rise, a nonprofit advocacy group says.
The Pentagon has not spent much of some $8 million Congress has provided for suicide prevention because the funds are allocated only for “in-house,” or hospital, care — not education and outreach programs, according to the American Foundation for Suicide Prevention.
Read the entire story here.
The Associated Press reported 154 suicides among active duty personnel as of June 3, nearly one a day for the year and 24 more than occurred between Jan. 1 to June 3, 2011.
Read the entire story here.
The Pentagon has not spent much of some $8 million Congress has provided for suicide prevention because the funds are allocated only for “in-house,” or hospital, care — not education and outreach programs, according to the American Foundation for Suicide Prevention.
Read the entire story here.
DoD conference to address military suicides
“The goal of the conference is to provide basic information, research findings and share best practices in the realm of suicide prevention, different interventions, post-ventions and surveillance activities,” said Jackie Garrick, head of the Defense Suicide Prevention Office.The Associated Press reported 154 suicides among active duty personnel as of June 3, nearly one a day for the year and 24 more than occurred between Jan. 1 to June 3, 2011.
Read the entire story here.
Friday, June 15, 2012
DoD cracks down on off-label drug use
A letter landed in Stan White’s mailbox in Cross Lanes, W.Va., in April.
It began: “On behalf of the men and women of the U.S. Armed Forces … I extend my sincerest and deepest sympathy for the loss of your sons.”
But the note wasn’t simply a condolence. The message from Air Force Lt. Gen. Brooks Bash informed White that U.S. Central Command had decided in March to remove the powerful antipsychotic drug Seroquel from its approved formulary list.
Under the new rules, CENTCOM doctors now must request a waiver if they write a prescription for Seroquel, also known as quetiapine.
The change is a small victory for White, who had already lost one son to combat and has sought restrictions on the drug he believes contributed to the death of a younger son.
Read the entire story here.
It began: “On behalf of the men and women of the U.S. Armed Forces … I extend my sincerest and deepest sympathy for the loss of your sons.”
But the note wasn’t simply a condolence. The message from Air Force Lt. Gen. Brooks Bash informed White that U.S. Central Command had decided in March to remove the powerful antipsychotic drug Seroquel from its approved formulary list.
Under the new rules, CENTCOM doctors now must request a waiver if they write a prescription for Seroquel, also known as quetiapine.
The change is a small victory for White, who had already lost one son to combat and has sought restrictions on the drug he believes contributed to the death of a younger son.
Read the entire story here.
Thursday, June 14, 2012
Suicides Eclipse Car Crashes as Top Non-Combat Cause of U.S. Troop Deaths
For years, motor-vehicle accidents have killed more U.S. troops than any other non-combat cause. There have been safe-driving campaigns on military posts since troops and transportation first got together. “Many military members are young, single, male, and high-school educated,” the Pentagon’s Medical Surveillance Monthly Report noted in March 2010. “These characteristics are associated with high risk of dying in motor vehicle crashes.”
That changed Wednesday, with the publication of the May issue of the same monthly report, which tracks trends in troops’ ailments and medical care. In the dry and clinical prose favored by the medical community, the report said that in each of the past two years, more troops have died at their own hands than in motor-vehicle accidents. “From 2005 to 2011, the proportion of deaths due to suicide increased sharply while the proportion due to transportation accidents generally decreased,” Wednesday’s study found. “As a result in 2010 and 2011, suicides accounted for more deaths of service members than transportation accidents.”
(MORE: U.S. Military Suicides in 2012: 155 Days, 154 Dead)
Read the entire article here.
That changed Wednesday, with the publication of the May issue of the same monthly report, which tracks trends in troops’ ailments and medical care. In the dry and clinical prose favored by the medical community, the report said that in each of the past two years, more troops have died at their own hands than in motor-vehicle accidents. “From 2005 to 2011, the proportion of deaths due to suicide increased sharply while the proportion due to transportation accidents generally decreased,” Wednesday’s study found. “As a result in 2010 and 2011, suicides accounted for more deaths of service members than transportation accidents.”
(MORE: U.S. Military Suicides in 2012: 155 Days, 154 Dead)
Read the entire article here.
Wednesday, June 13, 2012
Saturday, June 09, 2012
Friday, June 08, 2012
Suicides Among U.S. Troops Averaging One a Day in 2012
The 154 suicides for active-duty troops in the first 155 days of the year far outdistance the U.S. forces killed in action in Afghanistan — about 50% more — according to Pentagon statistics obtained by the Associated Press.
The numbers reflect a military burdened with wartime demands from Iraq and Afghanistan that have taken a greater toll than foreseen a decade ago. The military also is struggling with increased sexual assaults, alcohol abuse, domestic violence and other misbehavior.
Because suicides had leveled off in 2010 and 2011, this year's upswing has caught some officials by surprise.
Read the entire story here.
Wednesday, June 06, 2012
Death Memorial
Sgt. James “Mac” McElroy, 30, of Petal, MS, died June 6, 2011 at Fort Benning, Georgia. Sgt. McElroy recently returned from his third tour in Afghanistan, serving with the Mississippi National Guard. He also served in Afghanistan with the U.S. Marine Corps and in Iraq with the Mississippi National Guard. He was found dead in his barracks of suspected polypharmacy from prescription drugs.
My name is Alicia McElroy. I am the young widow of SSG James “Mac” McElroy.We have a 4 year old son.
My husband served in the Marines from 1998-2002. He served 1 tour of duty during that time. He moved to MS after the Marines and soon found himself longing to be part of the military again. In 2004, he joined the Mississippi Army National Guard. Right after he joined he learned he would be deploying to Iraq. He was in Iraq all of 2005 and it was a pretty rough deployment. They had several fatalities, many he was a witness to. He came home and remained active duty while working at Camp Shelby. He worked there until his 3rd deployment in 2010.
Right before he deployed Mac was hospitalized for accidentally taking too much medicine for a back spasm. The only reason the doctor admitted him to the hospital was because I requested he be admitted just to make sure he was ok. I didn’t want to take him home and something happen with our small child at home. While in the hospital a rep from Pine Grove which is a mental health treatment facility came and saw him and said he was fine. Mac came home from the hospital on Monday. His chain of command was aware of his hospitalization however they later denied any knowledge of it.
On Wednesday, Mac was a complete mess and told me he was taking himself to the hospital to get help. I couldn’t go with him because I had no one to watch our son. Once he was at the hospital they determined he needed to be admitted to Pine Grove. He was in Pine Grove until Sunday. During that time I was in contact with his chain of command and they were well aware of what was going on. They now deny any knowledge of him being in Pine Grove.
I was also told to tell Mac that he had a federal order to go to war and he better be at the unit on Friday. Mac reported to his unit as instructed and spoke directly to the company commander about being in Pine Grove and that he was fine now. Once again, the company commander denies this occurring! They left on Monday for Ft McCoy in Wisconsin.
Mac had been prescribed Depakote while in Pine Grove and he found out at Ft McCoy that you can’t deploy while taking that drug. Mac was instructed to not reveal that medication and that he should have me get it from a public pharmacy and send it to him in a care package!
While Mac was in Afghanistan he felt better so he quit taking the Depakote. Mac came home in Oct 2010 for R&R. For about the first week things were good. Our son was just starting to adjust to daddy being home when things took a turn for the worst. Mac became withdrawn, cried almost all the time, depressed, anxious, irritable, agitated, couldn’t sleep and was a “basket case.” He stayed in bed most of the day, not eating or drinking anything.
On Sun Nov 7, 2010 I went into the bedroom just to check on him as I did throughout the day and found him curled up in the sheets crying uncontrollably. I tried to comfort and console him but was unsuccessful. Finally he looked at me and said, “Please, help me.”
I immediately took him straight to Keesler AFB ER in Biloxi. Finally psych came and after assessing him, decided he needed to be admitted to the VA inpatient psych unit. His company commander was called in Afghanistan and informed of his condition. The commander stated that he was shocked because in Afghanistan Mac was a high performer, very reliable, better than most in the unit handling their duties. Mac seemed to be fine no matter what came his way.
He went on to say that Mac had a lot of responsibility but seemed to handle it very well as reported by Mac’s platoon sergeant. He was finally transferred in the early morning hours of Mon Nov 8, 2010. He stayed at the psych unit until Fri Nov 12, 2010. He was doing much better and the psych doctor thought he was doing good enough to come home. He stated, however, that Mac was not to return to Afghanistan and needed to continue receiving services for PTSD and other issues. The doctor did say he could work a desk job that wasn’t stressful. The doctor was discharging him to ME! I had the doctor talk to rear detachment, who was a Lieutenant, on my cell phone and tell him the same thing he had told me. The Lieutenant voiced understanding and stated he would let the company commander in Afghanistan know.
We got home and the weekend went well. On Monday, the Lieutenant from rear detachment called and wants Mac to report to the unit on Tuesday! We thought Mac would be part of rear detachment until the unit returned. The company commander took him off orders because he wasn’t returning to Afghanistan. The commander even made the statement to the rest of the unit that he was going to make an example out of Mac. If you went home and didn’t come back your orders would be cut and you would be processed out of the military! So, I quit my job as an Occupational Therapist and devoted myself to taking care of my husband.
We took a hard hit financially with me not working. We used Mac’s leave time he had accrued for income. My parents were pretty much paying our bills. I jumped right in to caregiver mode and made sure to keep his meds and truck keys in a lock box. I made him go everywhere with me. I never left him alone at the house. He was my responsibility and nothing was happening to him under my watch!
I called the VA and set up his first psych appointment; I took him to groups; I went to counseling with him. He probably resented me at that point but I didn’t care as long as he was ok. Some weeks we went and saw psych multiple times because he was having problems or didn’t feel like the meds were working. We had a great psych doctor who was very cautious about prescribing meds, especially strong and habit forming meds. He encouraged Mac to start the PTSD program the VA provided. Mac was starting to experience new symptoms at this point like nightmares, flashbacks, and hypervigilance. We decided he would go to the PTSD program. Right before Mac was scheduled to start we got a call from a really good friend and he had got Mac put back on orders. We were told Mac would be given a job at Camp Shelby again. That was good because he was running out of leave and we were fixing to have no income. It had been a long, hard four months for both of us with me caring for him.
He reported to Camp Shelby as instructed. Once he got there and they started doing all his paperwork somebody decided that they wanted to get him help first. I trusted the military to make decisions that were in his best interest. It was decided he would go to a drug and alcohol program in New Orleans. Nobody knew how to treat him so they just sent him somewhere. This place was a JOKE! I went on several occasions and couldn’t believe the military had sent my husband there. He successfully completed the 28 day program and returned to Camp Shelby. We thought he was going to work now. Nope, they then decided they wanted to get him treatment for PTSD. They decided he would go to Ft Benning, GA to their PTSD program. Mac arrived at Ft Benning on April 4, 2011. He was there for approximately six weeks before seeing a psych doctor! He ran out of meds during that time and was having severe panic attacks, anxiety, depression, sleep disturbances, nightmares, flashbacks, hypervigilance, and all the other symptoms I mentioned earlier came raging back but now he also had anger! He would call me all the time freaking out and I would have to calm him down. Sometimes I was able to, and sometimes I wasn’t.
It didn’t help that his barracks were right by the firing range and he heard gunfire all day and night, which is very disturbing for someone with PTSD. He was pretty much scared to leave his room. He finally got in with psych and they loaded him up on meds, including Seroquel, Paxil, Klonopin, Hydroxyzine HCL, Lunesta, Buspar, and Ativan!! That’s just all that I know about!
His meds were changed multiple times during a very short time frame. At one point, he asked to be taken off Seroquel and something else because it made him feel “too sedated.” He was told, “no” because of his mental health past. He was actually prescribed more meds that day. I saw a gradual decline in my husband physically and mentally. He could barely walk, talk, keep his eyes open, and function at a normal level. He was experiencing memory loss, cognitive problems, and would fall asleep in mid-sentence. He even fell asleep while standing straight up! I called his squad leader on numerous occasions, expressing my concerns, and he would reassure me that he was going to take care of it. Well he didn’t!
I remember one specific phone call where I said if you don’t get my husband some help with his meds you are going to find him dead. I eat those words everyday! He promised me he was not going to let him die and he would report my concerns! Didn’t happen! My husband’s best friend was at Ft Benning at the same time. He went to the same squad leader numerous times with concerns about my husband. He was blown off pretty much and sometimes the squad leader would say he would take care of it. Well, this guy was smart and wrote down everything: who he talked to, what they said, date, time, witnesses, etc. After my husband passed away he wrote a 3 page sworn statement detailing what happened with my husband from the time he arrived at Ft Benning until the time he died. On Sunday, June 5, 2011, I talked to my husband about 5:30 my time, so it was 6:30 pm his time! Little did I know that would be the last time I heard his sweet voice ever again! I fell asleep early Sunday night while getting our son to sleep and it wasn’t until I woke up Monday morning that I realized Mac never called me to tell me good night. I didn’t think too much about it and got ready for work. Then I called my husband on my way to work like I always did. No answer! Okay, maybe he was still asleep or at formation: he will call back soon. He never called back! I kept calling throughout the day and could never reach him. I knew something was wrong but I just told myself maybe he left his phone in the room or maybe he’s in the hospital. I even called the squad leader and, of course, he didn’t answer. His best friend was out of town with his wife for their anniversary so he couldn’t help me out. I worked all day and went to a meeting that night and still no word from Mac. I went home and went to change clothes and was contemplating going to Ft Benning to check on my husband when the doorbell rang.
They told me who they were and asked if I was Mrs. McElroy and I finally nodded my head “yes.” I just stood there and they asked if they could come in so I let them. They told to please sit down that they had some information regarding my husband, Sgt James McElroy, that they had been sent to tell me. They said a lot of words, but all I heard was “Sgt James McElroy pronounced dead at 11:58 am on June 6, 2011 at Ft Benning, GA.” I asked what happened and they said they didn’t know and then I looked at the clock and it was 7:30 pm and I asked what took so long to tell me and they didn’t know! About that time everybody started showing up at my house because everybody knew before me! They had me sign some papers and said my CAO would be in contact with me soon!
The Captain from the WTB Mac was in at Ft Benning called first thing the next morning. He said he was sorry and wanted to tell me what happened so he gave me his version of the story. Mac didn’t show up for formation on Monday morning, so after formation they went to his room thinking he overslept. They were beating on the door and calling his cell phone which they could hear ringing, but he didn’t answer the door or the phone. They went and got the key for his room and when they went in his room they found him DEAD. This was about 9:30 am but he wasnt pronounced dead until 11:58 am. I asked where they found him and he wouldn’t tell me, I asked how they found him and he wouldn’t tell me. I got off the phone with the captain and prepared to meet my Casualty Assistance Officer. We signed a ton of paperwork and I had to pick out the casket. I was told he would receive a full honors service. I decided he would be dressed in military blues and he was promoted posthumously to E6 SSG. The week went by pretty fast and we went to the funeral home and made arrangements and decided that his service would be Sat June 11, 2011. We had my CAO make some calls to Ft Benning to let them know we wanted his body by Friday. He was flown into Jackson late Friday night. My wonderful CAO drove me and my family to receive his body. That was rough! We were allowed to go through the gates and park by the terminal. The hearse got there and I couldn’t look. Then they came and got us to go to the gate where his plane would be landing. Then I saw that plane land and I lost it. The plane landed and the officer escorting his body emerged and she came straight to me. She hugged me and extended her condolences. Then I saw the soldiers coming from behind the plane with the casket and the American flag draped over it. I ran to the casket but could never catch up. The guys kept a steady pace and never missed a beat. Finally, they reached the Hearse and had to stop. I made it to the casket and while sobbing said, “Baby, what happened? Tell me what happened; give me some kind of sign!” And then they loaded him into the hearse and it was time for that long ride back to Hattiesburg! Saturday came way too fast and it was time for family visitation so my CAO picked us all up and took us to the church. We got to the church and everybody let me go in first! I approached the entranceway inside the church and I saw the casket. There was a soldier standing guard at his casket. We made eye contact and that was it. I slowly walked down the aisle to the front of the church, praying my legs wouldn’t collapse before I got there. As I approached the casket. I took a deep breath and prayed. “God, please don’t let it be him!” I looked down slowly and lost it: it was him, my husband, father to our son, my soul mate, my everything! This can’t be happening! I stood at the casket for the entire 3 hour visitation. So many people came to the service! Mac was a well-liked person, which I already knew, that but this just confirmed it! Then the dreaded part came! Our final goodbyes! I stayed at the casket just holding his hand and crying! I couldn’t tell him goodbye! I knew it had to be done so I ran my fingers thru his hair one last time and kissed his lips one last time and promised him right then and there I was going to find out what really happened to him and they weren’t getting away with it! I knew from day 1 that my husband would never intentionally do something to cause himself to die!
We finished the service and made the long journey to Vancleave for the graveside service. It was nice, and they did the gun salute and all that stuff. And it was over! It was really time to say good bye. I sat in my chair for the longest time and finally told him “bye” and promised I would take care of our son. I walked away clutching the American flag I had been received to my chest!
A few weeks later we were invited to Ft Benning for a memorial service for Mac. Of course, we went.
We returned back to Mississippi and CID wanted to interview me. Two men came to my house and they were pretty intimidating. The interview lasted 3 hours. It wasn’t too terribly long after they left that the investigating officer from Ft Benning that had been assigned to the case wanted to meet, so we scheduled it.
He was forty minutes late getting to my house. He made several comments throughout the interview that rubbed me the wrong way and then he examined the Line of Duty report he was responsible for, as well as the AR 15-6 Report. I knew right then and there I needed to watch this guy. My husband died in June 2011. To this day, the only thing I have is a death certificate. I requested everything 2 days after he passed away!
Several months after Mac passed I got a call from Ft Benning saying it was determined Mac’s death was accidental due to multiple drug toxicity. He went on to say he was prescribed all the drugs found in his system. All the drugs were in normal range so no excessive amount of any drug had been taken. He had taken the meds as prescribed. I knew right then something had gone wrong and I better start looking into it. I started researching and talking to whoever I could get in touch with and I was appalled at what I was finding out. Soldiers and vets all over were dying at an alarming rate due to this deadly PTSD cocktail. Then I found out that the Investigating Officer let other soldiers and chain of command read Mac’s autopsy and toxicology reports during the investigation. I was livid! This was a HIPAA violation! I did find out that the autopsy said the combination of drugs in his system slowed his heart rate to the point it was unable to sustain life. Wait a minute! I’m no doctor, but how do you know that happened? He would have to be hooked up to a heart monitor to prove that! Next, I called the investigating officer to find out where the line of duty was because it was almost February. He said he hadn’t turned it in until January. My husband died in June and it took seven months to do the report? He went on to say this was his first death investigation! I started questioning him about the Line of Duty Investigation and he answered me, much to my surprise! I asked if he interviewed a specific individual and he told me “no” and I asked why, and he said he didn’t feel what they had to say would help or hurt the investigation. The guy he didn’t interview is the one that spoke to Mac’s chain of command when he was in the hospital and pine grove so he was very important because Mac’s chain of command lied during the investigation! Then, I asked if PTSD was in the line of duty and he told me, “no”! That drew the line right there! I asked, “Why not,” and he said it wasn’t
relevant to how he died. He was at a PTSD program and the meds he was on were for PTSD and he said the meds were in the report. That made no sense at all! I was ready to petition the Line of Duty and I haven’t even received a copy yet! He kept talking and went on to say that Mac’s chain of command was allowed to read the Line of Duty Investigation before it left Ft Benning. Conflict of interest! They read the original with names, social security numbers, addresses, and everything. I was shocked! He went on to say that he felt he did the soldier justice and that I would be pleased with the outcome. I knew I wasn’t going to pleased with anything because PTSD wasn’t in there. I made some phone calls to Ft Benning and ended up on the phone with the Chief. He listened to my allegations against the investigating officer and said he would look into it. He said it may be a few days before I heard anything. The next morning the Chief called me and told me the officer had been removed from the case and was under investigation and that he was not to contact me, and if he did let him know! My phone didn’t stop ringing for days. Legal, all the way down to just general assistance was calling me! Then my favorite person and the only person from Ft Benning I trust who’s a Chief, called to tell me the psychological autopsy had been delayed again because it had been handed over to three different people. They said it would be complete by May 29th. That didn’t happen!
We talked about PTSD not being in the LODI and he agreed with me and said it played a major role in Mac’s death. Throughout this time I had also called the Captain from WTB who called me the day after Mac died, just to ask him some questions. He answered me and I got what I needed from him but I could tell he was nervous. I later found out that he sent out an email to the unit saying if I called don’t talk to me!
As you can see this has been nothing but a nightmare since my husband my husband died! I still have not received a LODI, medical records, autopsy, toxicology. Nothing but a death certificate!
I decided that I just couldn’t let this go! Something has to be done about this! Our men and women who serve this Country proudly and are not expendable! I decided to raise awareness about the situation! I knew I had to get my story out! If I could keep another tragic ending from happening then my husband’s death would not be in vein! I also knew we had to approach treating PTSD differently! The “cocktail” had to stop! And they needed to offer other treatment methods such as peer counseling, professional counseling, prolonged exposure therapy, etc. While looking into all of this I have met some wonderful families who experienced the loss of a Hero in the same way! I knew I wanted to be an advocate and they are helping me.
Alicia McElroy
If you have any information on this case contact Alicia through this website
Tuesday, June 05, 2012
Death Memorial
Col. Theodore S. Westhusing 44, A U.S. Military Academy professor serving with the Multinational Security Transition Command-Iraq Dallas, Texas Died of non-combat related injuries in Baghdad, Iraq, on June 5, 2005.
6/1/2005. COLONEL TED WESTHUSING 44 BIAP, IRAQ GUNSHOT
I am Sullied-No More. Faced with the Iraq war’s corruption, Col. Ted Westhusing chose death before dishonor by Robert Bryce Ted Westhusing was a true believer. And that was his fatal flaw. A colonel in the U.S. Army, Westhusing had a good job teaching English at the U.S. Military Academy at West Point. He was a devout Catholic who went to church nearly every Sunday. He had a wife and three young children. He didn’t have to go to Iraq. But Westhusing was such a believer that he volunteered for what he thought was a noble cause. At West Point, Westhusing sought out people who opposed the war in an effort to change their minds. “He absolutely believed that this was a just war,” said one officer who was close to him. “He was wholly enthusiastic about this mission.” His tour of duty in Iraq was to last six months. About a month before he was to return to his family—on June 5, 2005—Westhusing was found dead in his trailer at Camp Dublin in Baghdad. At the time, he was the highest-ranking American soldier to die in Iraq. The Army’s Criminal Investigation Command report on Westhusing’s death explained it as a “perforating gunshot wound of the head and Manner of Death was suicide.” He was 44.
Thursday, May 31, 2012
Wednesday, May 30, 2012
Death Memorial
Stephen’s Story
In the summer of “98″ Stephen, at just 18yrs. of age, decided on his own to turn his life around and join the United States Navy. I, his mother, at his request, bought him a book to help him study for the ASVAB test as he was bound and determined to make it. He worked out every day, started to jog and studied hard every night. He took the test and passed with flying colors telling me that an instructor at the testing site told him that he did better than most of the seniors that graduated from high school. Stephen only had a GED and was thrilled that he had done so well. He graduated bootcamp and then went on to San Antonio, Tx. for his Aschool where he would be studying for Mess Specialist.
Stephen had big plans of opening up his own “Sports Bar/Restaurant” when he got out of the service. Stephen did well in Aschool and graduated at the top of his class and that is why he got first pick at where he wanted stationed. He chose Nas Oceana, Va. as it was closest to home and would make it easier to travel back and forth when he was on leave. He was home for 2 weeks before heading off to Virginia and he told everyone all of his stories about bootcamp and San Antonio and how happy he was that he joined the Navy.
On April 17th 1999 his father and I drove him to the airport where he would be headed for his first duty station at Nas Oceana, Va. This would be the last time we saw our son alive!!
Stephen called once a week at first but then started making friends and stretched it out to calling every 2 weeks. He was getting along fine, excited about going on his first cruise and had just bought himself a tv and got his cable hooked up, a Sony Playstation with a couple video games, a clock radio and a telephone so family wouldn’t have to pay long distant phone bills. Stephen lived on base and had no problems of any kind that we his family were aware of. Then on May 30, 1999 I received the horrible and shocking news that Stephen was found hanging in a hotel room in Las Vegas, NV.
The LVMPD never conducted any type of investigation and the Navy stated that because his death occurred off base, while he was off duty, and had nothing to do with the Navy (I wonder how they knew this?) that the NCIS would not be conducting any type of investigation as well. Only after my constant nagging did his base command conduct a “tiny” investigation which didn’t amount to anything and only went along with the reports from the LVMPD. No matter how many letters I sent, phone calls I made and numerous attempts at getting different people to help no investigation ever got done and his death remains a complete shock and mystery to our whole entire family and everyone who knew Stephen.
Two of Stephen’s friends from the base came to Pa. and attended his funeral. At the cemetery, we were told by the one young man that he knew that Stephen wasn’t traveling by himself or taking money out of the ATM machines by himself!! I pressured his base command to have this boy questioned after telling them what we were told at the cemetery, and a year later I get a report, or should I say an email conversation on legal paper, and the only question they asked him was, “How well did you know Stephen Killian and what was his attitude towards the Navy?”?!! They totally disregarded my concerns that this young man knew something about what happened to my son!!! I just don’t understand how such a happy young man who could get along in any type of situation can suddenly just become suicidal!! Of course, It may be able to happen given certain circumstances but the point is nothing was ever proven that pointed to depression or suicidal thoughts of any kind!! It seems that my son just vanished off base without anyone knowing and took a greyhound bus from Virginia Beach to Las Vegas and ended up hanging in a hotel room.
When I received his belongings from Las Vegas the only things we got were a pair of what appearred to be neatly ironed “baggy levi’s”, a neatly ironed cotton button up shirt, a clean t-shirt, his wallet with no money and his Nike shoes which also looked spotless. These clothes seemed a bit “too neat and clean” for a person who was traveling by bus for 2 days plus 19hrs. The Administrator’s office in Las Vegas assurred me that they do not launder the clothes before they are returned home. Also, in his jean’s pocket was a phone number written on the hotel stationery without an area code so our family assumed it was either a Vegas number or a Virginia Beach number. The police assured us (yeah right) that this number didn’t check out and when we called it ourselves with a Virginia Beach area code it was a cell phone number that had just been disconnected?! I called his base to ask if there was any way they could check out this number as it may be someone on base or someone who lived off base but I was told that they have no means of checking out a phone number!!! Wow…. since when can’t the military, government, etc. not be able to check out a simple phone number????
I also believe that if my son was actually taking off, going AWOL whatever, that he would have definitely packed a bag and called one of his friends at home here, but he had nothing with him except the clothes on his back!!
Additionally, the funeral the funeral director told Stephen’s grandfather that the ligature mark didn’t course up behind his ears, as the autopsy report stated, but went horizontal around his neck. He also stated that he noted bruises to the torso of the body, another important fact left out of the autopsy
report?!
I just get so frustrated that I trusted the military with my only son and thought he would be safe!! It seems that the military’s only concern is keeping “their own” from getting into any trouble as they surely wouldn’t want their command to look bad?! I thought that because my son was a member of the United States Navy that everything in their power would be done to investigate and prove that he either committed suicide or was murdered and that we our family would get a thorough report of the events leading up to his untimely death and a report that would tell us why and how our only son died!! But instead we got nothing, we got a report that was to say the least, inadequet and could fit into a large white letter envelope!! It is very difficult to go on when you lose a child but when you honestly don’t know what happened it is just maddening!!!
I still keep in touch with the young man from the base who talked to our family at the cemetary, and although he never addresses my questions or comments. I continue to write him in hopes that one day he will tell me what happened to my son….. Until then I continue to pray that God will let me find out the truth someday so my son can have the justice and dignity that he deserves and our family can have the peace of mind and closure that we deserve.
Sonya Killian
Proud Mother of Mssr Stephen J Killian, Jr. USN
7-14-80 to 5-30-99
Who Died Under Questionable Circumstances and Was Denied A Proper and Thorough Investigation
Painfully Loved and Missed By Family and His Many Many Friends
If you have any information about this case, contact Sonya Killian through this website.
Tuesday, May 29, 2012
Monday, May 28, 2012
Sunday, May 27, 2012
Families seek more recognition for vets who died in accidents
When it presents posthumous awards for bravery in combat, the military often releases detailed accounts of events in which troops died. But with some accidents and other noncombat deaths, details never are released, even to family members of the dead.
Such secrecy frustrates families, undermines the military’s credibility and suggests that these deaths are less noble, says Donna Janeczko, who founded an online support group for families who have lost loved ones in noncombat military incidents, including accidents.
Read more here: http://www.charlotteobserver.com/2012/05/26/3270867/families-seek-more-recognition.html#storylink=cpy
Read the entire story here.
Such secrecy frustrates families, undermines the military’s credibility and suggests that these deaths are less noble, says Donna Janeczko, who founded an online support group for families who have lost loved ones in noncombat military incidents, including accidents.
Read more here: http://www.charlotteobserver.com/2012/05/26/3270867/families-seek-more-recognition.html#storylink=cpy
Read the entire story here.
Saturday, May 26, 2012
Military women and suicide: Home safe but not sound
Visit msnbc.com for breaking news, world news, and news about the economy
Edie Bailey was shocked when her doorbell rang at 6 a.m. on a Saturday and the somber faces of uniformed soldiers greeted her. She recognized the macabre scene played out in countless movies, but how could this be happening? Her foster daughter, Galina, was home from war, safe, and hunkered down at her military base in Hawaii.Then one of the men spoke. Galina was dead, he told her. Wait. Pause. Dead? But she hadn't yet left for her second tour abroad.
"She shot herself in the head," Edie says now, the words even and detached. "She got into her car at the base and blew her brains out."
Read the entire story here.
Thursday, May 24, 2012
4 Marines in Afghanistan electrocuted in separate incidents
At least four Marines have been electrocuted in separate incidents since November while serving in Afghanistan, according to the Marine Corps Times.
Their deaths were caused by low-hanging power lines that touched radio antenna and problems stemming from an electric generator, the Times reported, citing documents the paper obtained through a Freedom of Information Act request.
The Marine Corps Times reported those electrocuted in Afghanistan recently are Cpls. Adam Buyes, Connor Lowry and Jon-Luke Bateman and Lance Cpl. Kenneth Cochran.
Source: Marine Corps Times
Their deaths were caused by low-hanging power lines that touched radio antenna and problems stemming from an electric generator, the Times reported, citing documents the paper obtained through a Freedom of Information Act request.
The Marine Corps Times reported those electrocuted in Afghanistan recently are Cpls. Adam Buyes, Connor Lowry and Jon-Luke Bateman and Lance Cpl. Kenneth Cochran.
Source: Marine Corps Times
Saturday, May 19, 2012
Is There Ever An Appropriate Use for Psychiatric Drugs in the Military?
In a February 7, 2008 interview with the Chicago
Tribune, Lt. Gen. Eric B. Schoomaker, the Army's recently departed
Surgeon General, said there has been "a series, a sequence of deaths" in the new
"warrior transition units” (WTUs).
On April 13, 2009, Baughman wrote the Office of the
Surgeon General (OTSG) pressing Schoomaker about his "series, sequence of
deaths" statement and the existence of an analysis of these deaths said to be
forthcoming. On April 17, 2009, the OTSG
responded: "The assessment is still pending and has not been released yet." Nor has such a disclosure ever been
released.
Andrew
White, son of Stan and Shirley White was one of four soldiers from the
Charleston, WV area, seemingly OK at bedtime only to be found dead in bed hours
later. These are not “overdoses” with
central nervous system (CNS) depressant drugs causing steadily deepening coma
leading to respiratory depression and death, as the the Surgeon General, the
Inspector General of the Veterans Administration, and the whole of the Pentagon
would have us believe, blaming the victims.
Rather, these are “sudden unexpected deaths,” a.k.a. sudden cardiac
deaths with most of the deceased having been seen alive and apparently well
within the preceding 12 hours. Some, in
fact, were seen as recently as 2-3 hours previously when they had laid down to
take a nap.
Googling “soldier found dead, “dead in barracks,” “dead
in bed,” etc. we have uncovered 314 such deaths of mostly males in their
20s—probable sudden cardiac deaths.
Three hundred and fourteen! And
we find more each time we return to the grim task.
Sicouri & Antezelevitch (Expert Opinion. Drug Saf.
(2008) 7 (2):181-194.) conclude: “A number of antipsychotic and antidepressant
drugs are known to increase the risk of ventricular arrhythmias and sudden
cardiac death. Antipsychotics can increase cardiac risk even at low doses
whereas antidepressants do it generally at high doses or in the setting of
drug combinations.”
Honkola et al (European Heart
Journal, online September 14, 2011 doi:10.1093/eurheartj/ehr368)
conclude: “The use
of psychotropic drugs, especially the combined use of antipsychotic and
antidepressant drugs, is strongly associated with an increased risk of
sudden cardiac death (SCD)…” These are
all risks long-known to government and military medicine. Who made such drugging policy?
In June 2011, a Department of Defense
Health Advisory Group backed a highly questionable policy of "polypharmacy"
(five, ten or fifteen drugs at a time) asserting: "...multiple psychotropic meds
may be appropriate in select individuals." The fact of the matter is that
psychotropic drug polypharmacy is never safe, scientific, or medically
justifiable. What it is, is a means of maximizing profit, while making it
difficult-to-+impossible to blame adverse effects on any one drug.
From 2001 to the present, US Central
Command has given deploying troops 180 day supplies of prescription psychotropic
drugs--Seroquel included. In a May 2010
report of its Pain Management Task Force, the Army endorsed Seroquel in 25- or
50-milligram doses as a 'sleep aid.'
Over the past decade, $717 million was spent for Risperdal and $846
million for Seroquel, or $1.5 billion when neither Risperdal nor Seroquel have
been proven safe or effective for PTSD or sleep disorders.
Ironically, yet not surprisingly,
pay-to-play in Washington becomes more egregious every day. Heather Bresch,
daughter of U.S. Sen. Joe Manchin, (D-WV) was recently named CEO of WV
drug-maker Mylan Inc., that recently contracted with the DoD for over 20 million
doses of Seroquel. Defense Department Health Advisory Group chair, Charles
Fogelman, warned: "DoD currently lacks a unified pharmacy database that reflects
medication use across pre-deployment, deployment and post-deployment settings."
In essence, through a premeditated lack of record keeping, mandated by law at
any other pharmacy or medical office to track potential fatal reactions to
mixing prescription drugs, the military is willfully preempting all
investigations into the injuries and deaths due to these and other psychiatric
drugs.
We call on the Department of Defense, the
Veterans Administration, the House and Senate Armed Services and House and
Senate Veterans Affairs Committees to tell concerned Americans and the families
of fallen heroes what psychiatric drugs each of the deceased, both combat and
non-combat, soldiers, and veterans were on? It is time for the military and
government to come clean. Until they do
there can be no such thing as the appropriate prescribing of such drugs in the
military--either at home or abroad.
By Fred A. Baughman Jr., MD* & Stan White**
**Father of deceased soldiers Andrew (dead in bed at home) and Robert White (dead in combat in Iraq)
Death Memorial
My younger brother, LTC Rocky Baragona was killed on May 19 2003, on his way home, in Safwat Iraq, by Kuwait Gulf Link Transport. One of their flatbed tractor trailers, driven by a driver with improper papers and a truck with missing license plates, suddenly jackknifed and landed on his Humvee, crushing him instantly. Rocky, a decorated career soldier, with a flawless military record who had been in the top 5% of his West Point Class, proudly served his country with honor as the Commander of the 19th Maintenance Battalion out of Fort Sill, Oklahoma.
Our family received a miserable AR15-6 report eight months later: two days before Xmas. The report gave no information about the company or the driver that killed him. The accident scene photos later showed KGL’s name 20 inches high written across the front of the vehicle with other KGL trucks and 18 people at the scene that day. Some inaccuracies surrounding the crash smeared his good honor with insinuations that his death was his own fault. The officer who accompanied the report said in all of his years, he had never seen anything quite this bad. It was a dark day.
No family should ever have to do their own investigation into the death of their loved one. In shock and grief, following this report, we did just that.
Distraught and with disbelief toward the military, who appeared to now have abandoned and betrayed us, we looked for legal recourse. After 700 attempts failed to find an attorney who would consider our case, we found Steve Perles’ Law Firm, experts at plaintiff claims in international laws and Middle Eastern affairs. Their skills were the cutting stone for what appeared to be an impossible set of circumstances and we relied heavily on their skills and expertise. Mr. Perles himself taught us, in spite of our grief, how to reach out to the military, Congress, and even the White House to get results.
By 2005, with his guidance and the support of Sen. DeWine we received, 2 years later from Brig. Gen. Wright, a second, still faulty revised AR15-6 official report stating Kuwait Gulf Link Transport indeed was responsible for the death of my brother. It was a huge victory that allowed us to let go, for the moment, of a missing criminal investigation, required but never done at the time by the Army. It now appeared impossible to do a criminal investigation, as the evidence seemed all but lost. With KGL now officially in an Army report found responsible for his death we could move forward for the first time. It was our first piece of legal evidence it meant Justice for Rocky could now be found civilly in a US court of law.
Oblivious to all of this was the company that killed him. You see KGL, during this time, was enjoying and reaping the benefits of being a DOD multimillion dollar foreign contractor. Through US taxpayers they were growing from a mid size company to a major player in the contracting world. Quickly learning the contracting game, they chalked up military subcontract victories from other USG Prime Vendors like Agility, CSA, KBR.
KGL’s success in USG contracting soon lead to major changes in their business structure, I watched the forming of the KGL holding company, with 7 plus subsidiaries. It was a $30 million investment into Circle Oil, KGL Petroleum and the KGL Port Development and KGL Shipping lines with all of the money going back into the middle east. Then there was the development of the RAK area near Iran. Diamond trading, a private investment company in the Cayman Islands, the investment in the Philippines with Clark Air Force Base and on and on.
Did this get your attention? It sure started to get mine!
The US taxpayer was not getting a dime back except a trade for goods and services in the Iraq War — KGL was getting a lot.
At the same time I watched KGL also begin launching a major campaign to court the US Military with their website, bragging of their becoming a prime vendor for the Army.
However, all this growth did nothing to help KGL’s military victims. In our case, when approached to work towards a resolution in the death of LTC Baragona, they turned a deaf ear over and over again.
At first, we simply wanted an answer to what happened on May 19 2003, but as time went on and the silent arrogance grew, we began to question, “Why didn’t this company want to communicate?” It was concerning to us, that a military contractor who had the obvious skill to win millions in US military contracts could not file an insurance claim. Or maybe they had something to hide? We asked ourselves, “Why did a potential Prime Vendor want to take these kind of risks when millions of future contracts could be at stake? Was it cultural difference, arrogance?”
It seemed stupid on their part. Maybe it was bad advice from lawyers who wanted their own financial gain? Or did this contractor really have something to hide? KGL’s silence wore on us and it raised all of our suspicions about the secret world of contracting, leading us deeper into the investigation of their business practices.
During these years, we learned through newspaper accounts that KGL truck drivers had complained of being trafficked against their will in order to deliver goods to US troops in Iraq. Some were kidnapped and other’s were arrested for smuggling grains on the black market. An ex employee spoke of insurance fraud and falsification of documents to win Army contracts, but was too afraid to do anything about it. KGL was banned in India for false recruiting scams which tricked much-needed truck drivers to deliver goods to Army bases in Iraq.
The truth began to change, and we learned all too well how quickly the US Army looked the other way when a contractor like KGL used questionable practices. There simply was no oversight. I was appalled at the acceptance of our military to do nothing about any of it. Isn’t this what we asked our soldiers to fight and die for: democracy and a free life for those persecuted? Yet we allowed our defense contractors to perform government contracts using human trafficking? It was clear that forced labor in contracting was an acceptable way of doing business. The Army’s position was to Protect and supply the troops . But at what and at whose cost did we do this?
Undeterred, we stayed focused on our case and worked towards creating communication solutions with KGL through the Kuwaiti Ambassador and their Prime Minister, using the Army and many members in Congress as our messenger.
With no response from KGL on all fronts, we felt compelled to file a wrongful death suit in the courts as our only hope for accountability.
So it began: the horrible task of going through Rocky’s last days. We had to painfully recount each moment of his dying, spending hours at researching the FARS, gathering evidence by reconstructing the accident scene, finally dividing his life into dollar values to determine a means for restitution (a system of debilitating humiliation).
All of this was done so that we could sit across a table to look into somebody’s eyes from KGL to ask “Why?” “Why the silence? And what are you/KGL willing to do since your company, your driver, killed him?“ We wondered aloud among ourselves.
Could we keep our promise to get justice for Rocky with a company who could not see how their silence looked to everyone in America, well, except the Army? …….and the big question… did this really even serve justice? A lot of doubt came over us, And still we continued
This time to the White House. Through a chance encounter, I was fortunate enough to get a moment to speak with President Bush who promised to help us fight for answers. The President assigned our case to the White House military liaison, Terry Chauncey, who we loved at first sight. He facilitated a Presidential inquiry to the DOD debarment office asking for KGL’s participation. Otherwise, they would face suspension and possible debarment. It was a good moment and we quietly celebrated.
We thought, “This is the end, it will be over soon…you cannot get much higher than the President of the United States of America. Commander in Chief…right!!!! Now, thank God. Finally some peace: we can get some real answers and hold KGL accountable.
Not so fast…
The Army sent out an official request for KGL’s response from their office.
KGL then hired an ex-debarment official, retired Gen. Bednar, of Crowell and Moring, as their counsel. He quickly went into the DOD debarment office and had off record discussions about our case. Ahhh — the good ole boy club. Something we should have seen coming, but it seemed incredible that a retired General would defend a foreign contractor on a case from the President of the United States against an Army family. Rocky was a Commander who had served in Iraq and died for his country!
Well, believe it — it happened
The debarment office quickly ended our relationship, except for one last off the record conversation my father had with the Army Debarment official, who told him, “ Hey Dominic, what can I do? This guy used to be my boss.” The Army official said that there was nothing more he or we could do unless we won the case.
How is that for pressure?
And how, may I ask, is it possible for KGL, a foreign contractor serving the interest of the United States, to be able to trump the debarment inquiry from the President ,Commander in Chief?
Well they did, and the debarment inquiry very quietly went on hold –indefinitely. The White House Liaison was fired and sent to Japan. We never saw another person from the White House.
We learned in that moment, that we had no idea what we were dealing with.
The game of High Stakes Poker just went up.
They showed us who was boss, KGL continued their position of silence a lot more confidently, even ignoring service to participate in the current court proceeding by the US Federal Court’s Judge Duffy. Finally, in response to their arrogance, the Georgia Courts would agree to our argument for jurisdiction and awarded our family the default judgment of $4.9 million dollars.
Seems incredible doesn’t it?
This victory, however as we were warned, would be short-lived.
Why?
Personam Jurisdiction — which meant the US could rule against the settlement if KGL could prove they had no business ties with the United States. (Which to us seemed impossible given the millions and millions in payments KGL had received as a government contractor from the Army and the Air Force, and KBR, Bechtel…it’s impossible to name them all..
And as you guessed it: KGL would appeal using this law “personam jurisdiction”. I call it a “get out of court free card.” gift wrapped from the FARS.
We knew we were going to lose, but we didn’t care…The battle went forward.
KGL used all means available to fight the jurisdiction with an entire team of lawyers who scheduled a Sept 11th deposition with KGL officers finally coming to America.
The silence was broken. We had waited a long time for this.
My first and only meeting with them, began with a handshake and an apology, asking me not to take any of this personally. OMG….OMG….Who says that? I was locked into a gag order by my lawyer or I would have come out with every*7%%# I could think of .
Instead I sat there seething while in the deposition…listening to their testimony about how small and helpless they were. Didn’t we know it was a war? Their limited employees lost records; there was no help to be able to find them; and on and on… I couldn’t believe this. Did they not know their website was public domain? It currently stated they had over 6,000 employees! This approach could not work in court!
Well, I was wrong.
The court date came up and KGL with their team of lawyers, swept into the courtroom to fight the personam jurisdiction On the stand their witnesses gave the impression KGL was the size of a shoe department behind the bowling alley.
It made me want to puke. The worst part was watching my father and mother’s heads sink into their laps in utter despair. They were humiliated by the experience.
Did this affect KGL?
Oh yeah. Right!
– So much so, that each time someone got off the stand from their side, I would see the smile and knowing looks between them and the slight side high five — like “Good Job…!!!!!”
The judge watched too. It didn’t really matter. The Judge’s hands were tied by the law. This was America, where the law actually meant something.
It seemed that although the Judge would have liked to award justice to us, this would have required a path toward new law he was unwilling or unable to take. Once awarded a $4.9 million default judgment,
Judge Duffy would be forced to overturn the decision based upon KGL’s claim of Personam Jurisdiction.
Disbelief and shock does not come close to expressing how discouraged we were by the process at that time!
Our Advice for future cases: Do not try for your day in court until the law can be changed for military families. It was too much — like going through his death twice.
After digging out of our depression, we shook off the pain, and looked again for justice. This time we would work to influence Congress by using our personal experience to improve future legislation.
We poured our hearts and souls into learning about personam jurisdiction for foreign contractors and the fight in us really got stronger Washington saw us , monthly, as we spoke with every legislative staffer that would listen to us as we raised problem after problem we had faced. Our fight became a National Issue, moving from our own personal battle to one that could be used as a model to change military and public policy.
Our message was clear: lack of personal jurisdiction rights for military families meant that if you served your country, and were harmed or died at the hands of a foreign contractor, or a domestic contractor using a foreign subcontractor, the company never could be held accountable in a US court. They have the protection of US law and the support of the US Army. The conflict of interest was glaring. The Army could not be unbiased in an investigation of their own when it had to choose between their soldiers or their contractors.
Soon a second soldier would die in another crash with a KGL vehicle in 2008 with still more TCN’s victims’ complaints hidden in Middle East newspapers.
At the urging of our lawyers, Washington served as a second home. We found ourselves bringing brownies, the only allowed thank you, to the many Senate and Congressional staffers who listened to and learned from our first-hand experiences.
Our case moved from one of personal to one of national significance, turning into a model study of foreign contracting policy loopholes in the FARS. We showed a history of the military’s overdependence with other military contractors whenever media attention towards bad contracting gained a national spotlight in cases such as Blackwater, the electrocution of Ryan Maseth lawsuit, and the Jamie Leigh Jones rape case. On and on we complained for ourselves and all of the other victims that no one knew about.
It was during this process that the LTC Rocky Baragona Act was born.
Lunchroom conversations between staffers brought our family’s plight to the attention of Sen. Claire McCaskill, who chaired the Contracting Oversight Committee. The first inkling of legislation came to her from a West Point military staffer on her team, Stephen Hedger. Hedger shared same birthday as Rocky, June 14th Flag Day, the Army’s Birthday and he was also a West Point Graduate.. Steve called us in on one of our visits to tell us about the legislation, and we jumped at the opportunity to help move it forward.
The LTC Baragona Act we learned, in simple terms, will stop foreign contractors from evading responsibility in civil actions and require them to participate in the US court system or face debarment.
No longer could companies like KGL put military families through the emotional turmoil we had been through. A sister bill sponsored by Congressman Tim Ryan (who had attended the same high school as my brother) would soon follow. The bill was now gaining support on a bipartisan basis from both sides of the aisle with Senators Collins, Bennett, Brown and Martinez signed on.
Dominic Baragona, my father, testified at a homeland security hearing on the bill to ask for the Wild West of Contracting used by KGL to end. He pleaded to have what happened to us never happen again. It was an emotional hearing. Sen. Claire McCaskill stood up and spoke words of dismay in an open forum about how a military family would be forced to do their own investigation. It was a small moment of triumph in Rocky’s name.
The hearing was followed with a letter from Representatives Tim Ryan and Steve Driehaus to the Department of Justice with a request for a criminal investigation of KGL’s unethical business practices in both our case and that of others.
In the case of KGL’s bad practices, our family continued to dig further and found new evidence of their subsidiary company, “Combined Shipping Company”. This company is in a joint business venture with the Iranian Government in partnership with a company banned on the US treasury SDN list as a proliferator of WMD’s IRISL’s Val Fajr. We turned all of this over to DODIG with further evidence from a newspaper article showing that the company wanted to increase their presence in the port and shipping industries while IRAN was snubbing their nose at the US/Iranian Sanctions.
Our discovery helped to lay the groundwork for section 102 in the Iran’s Sanction’s Act, with the support of a consultant on our case, Andy Cochran, from the Perles Law Firm. A letter to Secretary of Defense, Robert Gates, from Congressmen Brad Sherman and Ron Klein has now asked that KGL not be considered for future procurement contracts. Again, along with Congress, we have personally asked for KGL’s debarment. Currently KGL is bidding on over 2 billion in US military contracts.
The curtain is starting to be pulled back on bad contracting players. Foreign and Domestic Contractors have been blatantly abusing their immunity, hiding behind jurisdiction, with little oversight for far too long.
The danger of our US Military’s overdependence on contractors allows for minimal oversight and is a minefield for corruption on both sides.
The Baragona case vs. KGL represents most of what is wrong with foreign contracting companies who use taxpayer dollars to further a war for their own profits; putting in harm’s way all of our brave soldiers who have relied on them as their base for support.
American citizens must demand from our policy makers the courage to change these laws with clear lines on how to enforce them. Families like ours need solutions in jurisdictional laws, so companies like KGL do not go unnoticed. We applaud Sen. McCaskill and Rep. Sherman for their efforts to level the playing field between domestic and foreign contractors.
With the passage of the Iran’s Sanction Amendments and the potential for the “LTC Rocky Baragona Act” to become law, we can balance contracting performance in our favor. This will allow for due process against bad players to take place, which in turn, forces other foreign companies to realign their policies with US principles if they want to do business with us.
Our fight for justice is far from over. We went to Washington yet again for the Weekend of Remembrance, honoring all our soldiers who have paid the ultimate sacrifice. We visited Arlington to talk to Rocky and we updated him on our criminal investigation hopes.
We also visited our staffers and lobbied on behalf of the bill. All of it has been worth it.
Rocky would say “The Truth has Changed” and we would agree.
“Patriotism is not a short and frenzied outburst but tranquil and steady dedication of a lifetime.” It was a model for my brother’s life.
I hope we are carrying on Rocky’s legacy by doing the same.
Pam Baragona
Contact Pam Baragona through this website.
Subscribe to:
Posts (Atom)





