A1C Kelsey Sue Anderson
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 18, 2013
Death Memorial
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Anderson,
Death Anniversary,
Death Memorial,
Non-combat Death
Sunday, June 16, 2013
Deployment to war doesn't figure in majority of military suicides
The numbers, from the years 2008 to 2011, upend the popular belief that a large increase in suicides over the last decade stems from the psychological toll of combat and repeated deployments to war.
To researchers trying to unravel the causes of the rise, the statistics suggest that the mental health and life circumstances of new recruits are at least as important — and possibly more so — than the pressures of being in the military. It is clear that some enter with a predisposition to suicide and that stressors other than war are pushing them over the edge, experts said.
"A lot of the risk for suicide in the military is the stuff they bring with them," said Dr. Murray Stein, a psychiatrist at UC San Diego who is studying suicide in the Army.
Among the unanswered questions: Did the type of people volunteering for service change after 9/11, when going to war — and dying — went from being an abstract possibility to a significant risk? One theory is that more recruits have backgrounds and psychological histories that make them prone to suicide.
Read the entire article here.
To researchers trying to unravel the causes of the rise, the statistics suggest that the mental health and life circumstances of new recruits are at least as important — and possibly more so — than the pressures of being in the military. It is clear that some enter with a predisposition to suicide and that stressors other than war are pushing them over the edge, experts said.
"A lot of the risk for suicide in the military is the stuff they bring with them," said Dr. Murray Stein, a psychiatrist at UC San Diego who is studying suicide in the Army.
Among the unanswered questions: Did the type of people volunteering for service change after 9/11, when going to war — and dying — went from being an abstract possibility to a significant risk? One theory is that more recruits have backgrounds and psychological histories that make them prone to suicide.
Read the entire article here.
Thursday, June 06, 2013
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.
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.
Labels:
Death Anniversary,
Death Memorial,
McElroy,
Non-combat Death
Wednesday, June 05, 2013
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.
Friday, May 31, 2013
Death Memorial
Labels:
Death Anniversary,
Death Memorial,
Non-combat Death,
Vollhardt
Monday, May 27, 2013
Mother of Iraq Veteran Who Committed Suicide: "Honor the Dead, Heal the Wounded, Stop the Wars"
For those of us who have lost our child, spouse, or sibling, every day is Memorial Day!
Thursday, May 23, 2013
Army Releases April 2013 Suicide Information
|
Army Releases April 2013 Suicide Information
The Army released suicide data today for the month of April
2013. During April, among active-duty soldiers, there were 11 potential
suicides: one has been confirmed as a suicide and 10 remain under
investigation. For March 2013, the Army reported 10 potential suicides among
active-duty soldiers; six have been confirmed as suicides and four are under
investigation. For 2013, there have been 52 potential active-duty suicides: 22
have been confirmed as suicides and 30 remain under investigation. Updated
active-duty suicide numbers for 2012: 184 (159 have been confirmed as suicides
and 25 remain under investigation).
During April 2013, among reserve component soldiers who were not on active duty, there were 16 potential suicides (13 Army National Guard and three Army Reserve): none have been confirmed as suicides and 16 remain under investigation. For March 2013, among that same group, the Army reported 12 potential suicides; however, subsequent to the report, another case was added bringing March's total to 13 (nine Army National Guard and four Army Reserve): none have been confirmed as suicides and 13 cases remain under investigation. For 2013, there have been 57 potential not on active duty suicides (36 Army National Guard and 21 Army Reserve): 21 have been confirmed as suicides and 36 remain under investigation. Updated not on active duty suicide numbers for 2012: 140 (93 Army National Guard and 47 Army Reserve); 138 have been confirmed as suicides and two remain under investigation. 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) 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 . Information about the Army's Ready and Resilient campaign is located at http://www.army.mil/readyandresilient . 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. The Army's comprehensive list of Suicide Prevention Program information is located at http://www.preventsuicide.army.mil . Suicide prevention training resources for Army families 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 continental 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: Department of Defense Announcement, verbatim |
Sunday, May 19, 2013
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
Wednesday, May 15, 2013
Death Memorial
December 17, 1987 – May 15, 2008
Stephen Serrano was a wonderful child. He was always laughing. His laugh was infectious and his smile was ear to ear and showed every feature. I loved seeing him smile.
He loved music and children. He left behind a wife, Sophia and 5 children, four of them step children. His youngest son turned a year old on May 18th, 2008, five days after he was killed, three days after his body was found. He was a star athlete in football, baseball and wrestling. He played football for the Orangevale Huskies, baseball for Sunrise Little League in Orangevale, CA. and wrestled for Marina Jr High in El Dorado Hills, CA.. He loved the outdoors. He was a wonderful son. He made me laugh. He had a great sense of humor. He had many friends. He was a brother to Shaleen Serrano, Jyoti Serrano, Savannah Rahman, Michael Serrano, Sean McKenney and Jordan Serrano. He joined the Marines in March 2007. He was with the 1st Marine Division, 2d Battalion, and 5th Marines and was a Private First Class. He was born in Bronx, NY on December 17th, 1987.
I remember May 15th 2008 as if it were yesterday, probably because it plays in my mind at least three times a day since then. The sky was blue and the air was warm; warmest it had been all year so far. I had felt ill a couple days before and today I just felt anxious like I forgot something. I headed to work thinking it will pass, but as the hours crawled by I felt a strong urge to speak to my son, Stephen.
After hours of calling and getting his voice mail I finally headed home and called the barracks. I asked them to check and see if Stephen’s toothbrush was in his room. The Major came back on the phone and said it was. I blurted out “What if he has been murdered!?” Stephen never left overnight without his toothbrush and although his comrades stated they had seen him that morning I had a sinking feeling they didn’t. I called Stephen’s phone carrier and asked when the last call was made, they said 10:30 am on May 13th. I called his wife and she hadn’t heard from him since that morning of May 13th. The last time I spoke to him was that Sunday, Mother’s Day when he called to say have a great day and I love you momma. I frantically called the barracks again and as soon as I hung up I received a call from my daughter in law. They had found Stephen. She identified him by his tattoo. I screamed and dropped the phone and begged God to help me.
Was he reaching for me? In some kind of way, the only way he could? Did he just realize what had happened to him? All I could see is him lying there. Wanting me to save him, as I always did before. Him begging me to wake him up from this nightmare. He probably was wondering why he was wandering for a day or two. Then, did he see himself from above? Broken on the grass? In a ditch left there to be found by a stranger? Who could have done such a thing? He was just a kid trying to grow up and fit in.
That was the beginning of the end for me.
Proud Mother of Pfc. Stephen C. Serrano – Christl McKenney
I created a Facebook page RIP Stephen Serrano http://www.facebook.com/#!/pages/RIP-Stephen-Serrano/108437562534397
Stephen Serrano was a wonderful child. He was always laughing. His laugh was infectious and his smile was ear to ear and showed every feature. I loved seeing him smile.
He loved music and children. He left behind a wife, Sophia and 5 children, four of them step children. His youngest son turned a year old on May 18th, 2008, five days after he was killed, three days after his body was found. He was a star athlete in football, baseball and wrestling. He played football for the Orangevale Huskies, baseball for Sunrise Little League in Orangevale, CA. and wrestled for Marina Jr High in El Dorado Hills, CA.. He loved the outdoors. He was a wonderful son. He made me laugh. He had a great sense of humor. He had many friends. He was a brother to Shaleen Serrano, Jyoti Serrano, Savannah Rahman, Michael Serrano, Sean McKenney and Jordan Serrano. He joined the Marines in March 2007. He was with the 1st Marine Division, 2d Battalion, and 5th Marines and was a Private First Class. He was born in Bronx, NY on December 17th, 1987.
I remember May 15th 2008 as if it were yesterday, probably because it plays in my mind at least three times a day since then. The sky was blue and the air was warm; warmest it had been all year so far. I had felt ill a couple days before and today I just felt anxious like I forgot something. I headed to work thinking it will pass, but as the hours crawled by I felt a strong urge to speak to my son, Stephen.
After hours of calling and getting his voice mail I finally headed home and called the barracks. I asked them to check and see if Stephen’s toothbrush was in his room. The Major came back on the phone and said it was. I blurted out “What if he has been murdered!?” Stephen never left overnight without his toothbrush and although his comrades stated they had seen him that morning I had a sinking feeling they didn’t. I called Stephen’s phone carrier and asked when the last call was made, they said 10:30 am on May 13th. I called his wife and she hadn’t heard from him since that morning of May 13th. The last time I spoke to him was that Sunday, Mother’s Day when he called to say have a great day and I love you momma. I frantically called the barracks again and as soon as I hung up I received a call from my daughter in law. They had found Stephen. She identified him by his tattoo. I screamed and dropped the phone and begged God to help me.
Was he reaching for me? In some kind of way, the only way he could? Did he just realize what had happened to him? All I could see is him lying there. Wanting me to save him, as I always did before. Him begging me to wake him up from this nightmare. He probably was wondering why he was wandering for a day or two. Then, did he see himself from above? Broken on the grass? In a ditch left there to be found by a stranger? Who could have done such a thing? He was just a kid trying to grow up and fit in.
That was the beginning of the end for me.
Proud Mother of Pfc. Stephen C. Serrano – Christl McKenney
I created a Facebook page RIP Stephen Serrano http://www.facebook.com/#!/pages/RIP-Stephen-Serrano/108437562534397
Monday, May 13, 2013
Marine Corps studying spike in suicides
Fond du Lac - A few years ago as the war in Iraq was winding down and fighting continued in Afghanistan, the number of Marines killing themselves spiked.
The U.S. Marine Corps wants to know why.
Though the Corps has previously studied suicides and attempted suicides by Marines, the military branch is launching a project this year to examine the complex reasons that Marines are dying by their own hand.
A team of researchers, including a professor at Marian University in Fond du Lac, will interview relatives and friends of active-duty Marines who died by suicide between 2010 and 2012. Their reports for the Marine Corps Suicide Prevention Psychological Autopsy Project will be used to identify suicide risk factors or trends that might be unique to Marines.
Read the entire article here.
The U.S. Marine Corps wants to know why.
Though the Corps has previously studied suicides and attempted suicides by Marines, the military branch is launching a project this year to examine the complex reasons that Marines are dying by their own hand.
A team of researchers, including a professor at Marian University in Fond du Lac, will interview relatives and friends of active-duty Marines who died by suicide between 2010 and 2012. Their reports for the Marine Corps Suicide Prevention Psychological Autopsy Project will be used to identify suicide risk factors or trends that might be unique to Marines.
Read the entire article here.
Thursday, May 09, 2013
Pentagon Study Finds 26,000 Military Sexual Assaults Last Year; Over 70 Per Day
Link to the study here.
House members push bill on military sexual assault
The legislation comes just a day after the Pentagon estimated that up to 26,000 military members may have been sexually assaulted last year but fewer than 3,400 reported the incident.
Friday, May 03, 2013
Death Memorial
Wahl
Alaska-based soldier found guilty in fellow GI's shooting death
ANCHORAGE, ALASKA — An Alaska-based soldier from South
Carolina will serve nearly 12 years in a military prison and be dishonorably
discharged after shooting a fellow soldier in the face on Christmas morning,
killing him, a military judge determined Thursday.
Spec. Marshall D. Drake Jr., of Mount Pleasant, S.C., was sentenced by Maj. Stefan Wolfe on Thursday to 11 years, 9 months after being convicted in a general court-martial of involuntary manslaughter.
The 23-year-old Drake was accused of shooting Pfc. Grant W. Wise, of Fairport, N.Y., in Drake's barracks room on Joint Base Elmendorf-Richardson in Anchorage, The Anchorage Daily News reported.
Read the entire story here.
Spec. Marshall D. Drake Jr., of Mount Pleasant, S.C., was sentenced by Maj. Stefan Wolfe on Thursday to 11 years, 9 months after being convicted in a general court-martial of involuntary manslaughter.
The 23-year-old Drake was accused of shooting Pfc. Grant W. Wise, of Fairport, N.Y., in Drake's barracks room on Joint Base Elmendorf-Richardson in Anchorage, The Anchorage Daily News reported.
Read the entire story here.
Navy Charges 2 in Deaths of 2 Divers at Md. Pond
HAGERSTOWN, Md. - Two members of a Virginia-based Navy dive unit face military criminal charges of involuntary manslaughter and dereliction of duty in the February drowning deaths of two divers at an Army facility test pond near Baltimore, officials said Wednesday.
Navy officials said the two defendants, whom they haven't identified, are a chief warrant officer 3 and a senior chief petty officer in Mobile Diving and Salvage Unit 2. The sailors had a supervisory role in the events at the pond, according to Navy officials in Washington who discussed the matter on condition of anonymity because the case is under investigation.
They also belonged to the same unit as the victims, Diver 1st Class James Reyher, 28, of Caldwell, Ohio, and Diver 2nd Class Ryan Harris, 23, of Gladstone, Mo., said Lt. Cdr. Charity Hardison of the Navy Expeditionary Combat Command in Virginia Beach, Va.
Read the entire story here.
Navy officials said the two defendants, whom they haven't identified, are a chief warrant officer 3 and a senior chief petty officer in Mobile Diving and Salvage Unit 2. The sailors had a supervisory role in the events at the pond, according to Navy officials in Washington who discussed the matter on condition of anonymity because the case is under investigation.
They also belonged to the same unit as the victims, Diver 1st Class James Reyher, 28, of Caldwell, Ohio, and Diver 2nd Class Ryan Harris, 23, of Gladstone, Mo., said Lt. Cdr. Charity Hardison of the Navy Expeditionary Combat Command in Virginia Beach, Va.
Read the entire story here.
Friday, April 26, 2013
Head of Marine Corps Officer Candidates School relieved of command
WASHINGTON — The commander of the Marine Corps’ Officer Candidates School has been relieved in the wake of the murder-suicide there that left three Marines dead.
Read the entire story here.
Commandant Gen. James Amos told the Marine Corps Times that he lost confidence in Col. Kris J. Stillings’ ability to command the school after the shootings last month.
Read the entire story here.
Wednesday, April 24, 2013
New civil trial ordered in Army training death
HONOLULU — A federal appeals court has ordered a new trial
in a lawsuit filed by the family of a Texas soldier who was killed and others
who were injured during a live-fire training exercise in Hawaii.
The 9th U.S. Circuit Court of Appeals ruling overturned a jury verdict that found the manufacturer of mortar cartridges not liable for causing the 2006 explosion that killed Staff Sgt. Oscar Rodriguez.
The 27-year-old from Beeville, Texas, was hit by shrapnel at the Pohakuloa Training Area on the Big Island. He was supervising the firing of two mortars when a shell detonated in the cannon. The blast seriously injured Samuel Oyola-Perez, Julius Riggins and Wilfredo Dayandante.
Read the entire story here.
The 9th U.S. Circuit Court of Appeals ruling overturned a jury verdict that found the manufacturer of mortar cartridges not liable for causing the 2006 explosion that killed Staff Sgt. Oscar Rodriguez.
The 27-year-old from Beeville, Texas, was hit by shrapnel at the Pohakuloa Training Area on the Big Island. He was supervising the firing of two mortars when a shell detonated in the cannon. The blast seriously injured Samuel Oyola-Perez, Julius Riggins and Wilfredo Dayandante.
Read the entire story here.
Sunday, April 21, 2013
Death Memorial
My son, PFC Robert A. Guy, a Marine, died on April 21st, 2005. He allegedly committed suicide. Which I was told two months later on the phone. He was put on Zoloft by a base doctor with no supervision. He and two other Marines were requested to guard an Iraqi detainee, he allegedly pointed his rifle at the detainees head, racked the bolt and sent the bolt home. It is a matter of record that his rifle was empty.
He denied these allegations and stated he was guilty of improper clearing procedures. So of course, he was involved in an NJP. The most he could get out of this was…1) Lose 1/2 months pay for two months. 2) Bust him down a rank, from PFC to Private. 3) Give him 45 days extra duty (which would have been suspended, due to time served in Iraq).
The day of the NJP hearing (April 21st, 2005) the Company Commander felt he wasn’t qualified to dole out punishment and passed it up the chain of command to the Battalion Commander. A 1st Sgt. allegedly told him (when he signed the paper stating he understood what had taken place), “Boy, you just signed your ass away. You’re getting a dishonorable and spending thirty years in Leavenworth.”
Later that evening he asked to see the Chaplain. He was told there was not a Chaplain on base, in order for him to speak to him they would have to get a convoy together. He was asked if it could wait until the morning. Knowing my son… not wanting to inconvience anyone and feeling he had no choice, he said “I guess so”.
Well, apparently it couldn’t. A very short time later he went into a port-a-john and blew his brains out.
Immediately all the Sgt’s were called together and told ‘to tell their men what had happened and to tell them there was a Chaplain available if anyone needed to speak to him’.
I received the ‘Field Investigation Report’ that was so full of discrepancies. It had been almost 2 years before I received the ‘Command Investigation Report’. I’ve waited so long for this report, hoping it would give me some answers. When it came, the answers were not there. It was more questions and more confusion than before. I want to get an attorney, but do not know what kind of attorney I need and where to find one. I have called everyone I can think of and all I get is a run-around. I have written a letter to the President of the United States, contacted my local Congressman, contacted both my State Senators and had my son’s story put in the newspaper. I have called numerous people affiliated with the Marine Corps and NCIS and all I get is lies, promises and people who apparently get paid to due nothing but say, “I’ll check into that and get back to you”.
So many times I’ve wanted to set fire to the Marine Corps flag, but as I told the newspaper people, “It flies for Bobby and the guys who went before him and the ones who will go after him, it damn sure don’t fly for the Corps.”
Thank you for your time and any assistance you may be able to provide.
Ann R. Guy
Friday, April 19, 2013
Army Releases March 2013 Suicide Information
|
The Army released suicide data today for the month of March
2013. During March, among active-duty soldiers, there were 10 potential
suicides: three have been confirmed as suicides and seven remain under
investigation. For February 2013, the Army reported 11 potential suicides among
active-duty soldiers; four have been confirmed as suicides and seven are under
investigation. For 2013, there have been 41 potential active-duty suicides: 15
have been confirmed as suicides and 26 remain under investigation. Updated
active-duty suicide numbers for 2012: 184 (158 have been confirmed as suicides
and 26 remain under investigation).
During March 2013, among reserve component soldiers who were not on active duty, there were 12 potential suicides (eight Army National Guard and four Army Reserve): none have been confirmed as suicides and 12 remain under investigation. For February 2013, among that same group, the Army reported 14 potential suicides (eight Army National Guard and six Army Reserve); six have been confirmed as suicides and eight cases remain under investigation. For 2013, there have been 40 potential not on active duty suicides (22 Army National Guard and 18 Army Reserve): 19 have been confirmed as suicides and 21 remain under investigation. Updated not on active duty suicide numbers for 2012: 140 (93 Army National Guard and 47 Army Reserve); 138 have been confirmed as suicides and two remain under investigation. 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) or by visiting their website at http://www.suicidepreventionlifeline.org . 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. The Army's comprehensive list of Suicide Prevention Program information is located at http://www.preventsuicide.army.mil . Suicide prevention training resources for Army families 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.comor by dialing the toll-free number 1-800-342-9647 for those residing in the continental 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.organd 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 | |
Tuesday, April 16, 2013
Death Memorial
Wednesday, April 10, 2013
As Navy rape case unravels, questions of homicide appear
Pineda, a seaman from Barstow, Calif., training as a Navy SEAL, spent three months in jail for sexual assault. Antonacci, a 22-year-old ordnance disposal trainee from Long Island, N.Y., was threatened with prosecution. The case didn’t go far: Antonacci’s body was found hanging in a closet, his nose bleeding, his face and back bruised.
Read the entire story here.
Read the entire story here.
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