Category Archives: bad paper discharge

“Not all who have served are “veterans” in the eyes of the Department of Veterans Affairs” says report.

Another example of the failure of the VA’s regulations is the absence of any generally applicable provision for considering whether the veteran served in hardship conditions, including whether the veteran served in combat. . . .”

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[RESEARCHER UPDATE 6 June 2019]  My original note below, reports on the 2016 report from Swords to Plowshares and the Veterans Legal Clinic at Harvard. And it speaks of the notable loyalty and compassion that I’d seen among Marines, including for those who’ve died at their own hands and the women who’ve served as well. Given the nature of service that our Nation requires and has always required of our Marines, I reference the report’s disturbing finding that the VA denies services to Marines far more than it does Airmen. My personal observations in the note were largely based on what I’d observed over time in Leatherneck Lifestyle (The Underground), a Facebook group whose members are Marines or, as in my case, a civilian who’s been really grateful for them ever since some really scary days in West Africa when I was a little kid. This photo of Facebook data from 16 May 2018 confirms my membership in the closed group. But the full set of records received from Facebook a year later, on 11 May 2019, confirms the reason that I can’t learn from those Marines now: soon after 276 of them and their supporters found another one of my posts useful, I was yanked from their group. And all evidence of my ever being a member vanished. This is the same Facebook data set that falsely reports that I stopped following aggressive, leftist, anti-American pages from groups that i never knew existed and if I had, almost certainly would never have visited them – UNLESS I could use the angry left’s pages to learn more about the extreme left alliance that wants an innocent, patriotic American woman in Tucson dead. 
https://charlesbloeser.wordpress.com/2019/06/05/five-reasons-it-makes-sense-to-believe-that-an-extreme-left-alliance-wants-an-innocent-american-dead/

#WeArePSYOP
#psychologicaloperations

 

 

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ORIGINAL RESEARCHER NOTE: By far more than anyone else, United States Marines and their supporters have reacted to and commented on this solemn, snow-shrouded image that I posted on Facebook mere hours ago. It’s an anecdotal truth for this author that those in and around the USMC are quick, respectful, and openly compassionate when it comes to honoring the noble dead. Collectively, the kind of fight that our Marines take to America’s enemies is a lot different than that we ask of our airmen. So, why: The VA has effectively decided that Marines are more than five times more “Dishonorable” than Airmen.

 

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Here’s an excerpt from the March 2016 report as accessed online 21 December 2018:

Complete report available at:

https://www.swords-to-plowshares.org/2016/03/30/underserved/

Not all who have served are “veterans” in the eyes of the Department of Veterans Affairs. If the veteran has less than a General discharge, the VA creates obstacles to getting health care, benefits, homeless resources and other services. Most of these veterans are simply turned away. Congress never meant for eligibility to be so exclusive, it intended that only veterans who served dishonorably be denied access. The VA’s own discretionary policies unnecessarily deny hundreds of thousands veterans benefits, who are often those most in need of the VA’s support. These former service members are more likely to have mental health disabilities and twice as likely to commit suicide. They are more likely to be homeless and to be involved with the criminal justice system.

KEY FINDINGS FROM THE REPORT

  • Marines are nearly ten times more likely to be excluded from VA services than their counterparts in the Air Force
  • Current era service members are excluded at higher rates than other eras– more than twice the rate for Vietnam Era veterans and nearly four times the rate for World War II Era veterans
  • Mental health and combat have little effect on eligibility
  • 3 out of 4 veterans with bad-paper discharges who served in combat and who have Post-Traumatic Stress Disorder are denied eligibility by the Board of Veterans’ Appeals

.  .  .

(Excerpted from p. 12 and following)

VA Regulations Result in Unequal Exclusion Rates Between Branches

The historically unprecedented exclusion rate today is due almost enti rely to the VA’s discretionary choice to presume ineligibility for veterans who received administrative Other Than Honorable discharges.

That choice deprives tens of thousands of veterans of needed care, despite the fact that their service would not be considered “Dishonorable”—and was not deemed Dishonorable by the military. What is more, significant disparities exist among the administrative separati on practices of the various service branches. The Army, Navy, Air Force, and Marine Corps each has its own separation regulations and policies. Moreover, within each branch, different units and commands may implement those regulations and policies in a different manner. Thus, service members who engage in similar misconduct may receive disparate treatment: one may be retained, another may be discharged under General conditions, another discharged under Other Than Honorable conditions.

This is due to different leadership styles, not differences in degrees of “dishonor.” A report of the Government Accountability Office (GAO) on discharge characterization documented the range of discharge practices and ascribed disparities to differences in leadership and management styles rather than a measurable difference in “honor” or “character.” The GAO compared Marines and Airmen with the same misconduct, service length, and performance history, and found that the Air Force was thirteen times more likely to give a discharge Under Honorable conditions than the Marine Corps.

Because the VA presumptively excludes veterans with non-punitive Other Than Honorable discharges, this discrepancy results in significant differences in VA eligibility. For service members with equivalent conduct histories, Airmen are 13 times more likely than Marines to be deemed presumptively eligible—and recognized as a “veteran”—by the VA.

This results in significant differences in aggregate. Whereas 98% of veterans who have served in the Air  Force since 2001 can access the VA when they leave the service, only 88% of Marines from the period are

presumptively recognized as “veterans” by the VA. (See Table K.9). The VA has effectively decided that Marines are more than five times more “Dishonorable” than Airmen.

This disparity provides a potent reminder for why Congress decided to exclude only veterans who received or should have received a Dishonorable discharge by Court-Martial. Although there are wide discrepancies among services in their administrative discharge practices, the service branches are remarkably similar in how they use punitive discharges. Congress specifically noted that the discretion given to commanders for administrative separations can result in unfair outcomes, and gave veterans the benefit of the doubt by only excluding those who received or deserved a Dishonorable discharge by court-martial. Because the VA’s regulations have presumptively excluded all veterans with administrative Other Than Honorable discharges, the VA is failing to act in accordance with Congress’s decision.

Eligibility Decisions Fail To Adequately Consider Mental Health Conditions that May Have Contributed to Discharge.

Overall, the VA’s COD regulations prevent consideration—except in narrow and specifi c circumstances—of facts that Congress intended the VA to take into account: mitigating factors, extenuating circum-

stances, and positive facts. As one example, the VA’s regulations provide little room for consideration of whether any mental health condition explains or mitigates the conduct that led to the veteran’s bad-paper discharge. It is deeply unfair—and contrary to Congress’s intent—to exclude veterans from basic veteran services for behavior that is symptomatic of mental health conditions that may be related to their service.

It is well established that post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), depression, operational stress, and other mental health conditions can lead to behavioral changes. In some cases, military commanders incorrectly attribute those behaviors to bad character, rather than as signs of distress and disease. Indeed, a 2010 study of Marines who deployed to Iraq found that those who were diagnosed with PTSD were eleven times more likely to be discharged for misconduct and eight times more likely to be discharged for substance abuse than Marines without a PTSD diagnosis.

Yet, the VA’s regulati ons contain only one narrow provision related to mental health: misconduct leading to discharge may be overlooked if the veteran was “insane” at the time of the misconduct leading

to discharge. The VA’s definition of “insanity” is antiquated—out of step with the practices of modern psychology and psychiatry, which no longer deem people “insane.” . . .

Eligibility Decisions Do Not Consider Whether the Veteran Served In Combat or Other Hardship Conditions

Another example of the failure of the VA’s regulations is the absence of any generally applicable provision for considering whether the veteran served in hardship conditions, including whether the veteran served in combat. . . .

https://www.swords-to-plowshares.org/2016/03/30/underserved/

Among additional expert analyses of what bad paper discharges do to those who’ve served and their families is:

“Bad Papers”: The Invisible and Increasing Costs of War for Excluded Veterans

Ali R. Tayyeb and Jennifer Greenburg (2017)

Paper (pdf)

https://watson.brown.edu/costsofwar/papers/2017/bad-papers-invisible-and-increasing-costs-war-excluded-veterans

In a forthcoming article, this author points to another problem facing those with bad paper discharges:

“Veterans with bad paper discharges can get screwed all the way around. Not only are they often – but not always – excluded from VA services and healthcare, they “may be excluded from access to community resources also; many community programs follow the eligibility requirements set by the VA.”

Research Review: Underserved, How the VA Wrongfully Excludes Veterans With Bad Paper. Iraq and Afghanistan Veterans of America (IAVA) iava.org/blog May 3, 2016

https://iava.org/blogs/research-review-underserved-how-the-va-wrongfully-excludes￾veterans-with-bad-paper/

In recent months, some veterans have been given the right to file class action lawsuits against the VA for being denied services due to discharges they say resulted from conduct that’s symptomatic of trauma experienced while doing their military jobs. Here’s an early article about this type of  class certification.

http://www.abajournal.com/news/article/veterans_may_sue_over_discharges_they_say_were_result_of_untreated_mental_h

 

48,000* paths to homelessness?

The Heritage Foundation’s John Malcolm recently testified that there are more than 48,000 state and federal “collateral consequences” in the United States. These “hidden costs” of criminal convictions ar exactly what I was talking about when I wrote this on STRIFEBLOG in August:
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“You do the best you can, though, because you swore you would and because the outcome of a criminal case – regardless of whether a client goes to prison – frequently inflicts significant consequences on the lives and fortunes of not just your client but also your client’s family. A criminal conviction, the criminal record that follows it, and any collateral consequences from the conviction, e.g., loss of professional license, reduction in amount of VA disability compensation, termination of VA pension payments, deportation, denial of access to public housing and federal student aid, etc., can hurt and even destroy families.”

 

Collateral Consequences: Protecting Public Safety or Encouraging Recidivism

“Since most ex-offenders—millions of them—at some point will be released from custody and return to our communities, it is important that we do everything we can to encourage them to become productive, law-abiding members of society and that we not put too many impediments, in the form of excessive collateral consequences, in their way that will hinder their efforts.

“More attention must be paid to this issue to avoid these dangerous and counterproductive results. In a time of intense polarization, this is one of the few issues people can rally around and find common ground. If people are pushed into the corner and denied opportunities for gainful employment and a stable environment for too long, they will have little choice but to recidivate. It is not in anybody’s best interest to relegate the formally incarcerated to a backwater of second-class citizenship status.”

John Malcolm. Vice President, Institute for Constitutional Government, Heritage Foundation.

https://www.heritage.org/testimony/collateral-consequences-protecting-public-safety-or-encouraging-recidivism-0

*TITLE OF POST includes “48,000” in an effort to keep the message clear. Far too many of those 48,000 can shatter a family and thrust moms and dads and kids into homelessness but certainly not all of them.

Worthless meds and destroyed documents make reuniting homeless veterans and their children in foster care even harder

“PROSE”: “the ordinary language people use in speaking or writing.”  – Merriam Webster

Here’s a new excerpt from my forthcoming article about traumatized foster children who, as members of America’s armed forces, serve with honor and distinction. It’s also about traumatized military families struggling to keep their own kids from being removed from the home, perhaps never to return.

As an assistant district attorney tasked with deciding which kids to ask the judge to remove from their homes, I had a hand in saving some lives. I’m certain of it. But I’m also quite sure that I made mistakes. Errors that spell-check could never catch and which can’t be fixed with word-processing software. Wrong decisions for which others would pay a high price.”

. . .

Discussing why homelessness makes it even harder to reunite families will be left for another day. But here are two examples:

Even if one is eligible for, and takes advantage of, VA services, it’s exceptionally hard to protect from theft, time, and the elements the medications needed to strengthen or stabilize a parent so that he can get and keep work and secure a place for the family to live. Kaiser-Permanente tells those who have to take insulin, “Take steps to store your insulin correctly, or it might not work.” Some of those steps? “Keep your insulin away from heat and light. Any insulin that you don’t store in the refrigerator should be kept as cool as possible (between 56°F and 80°F.); never let your insulin freeze. If your insulin freezes, don’t use it, even after it’s thawed.”83 Other medications must also be refrigerated if they’re to do any good. Certain long-term antipsychotic medications are among those.84 At least in the communities that I’m familiar with, refrigeration facilities for these folks don’t exist.

Military – think DD214 – and other documents also get stolen or weather-beaten to the point that they’re no good. But it’s documents like these that rough-sleeping parents need if they are to take advantage of housing and other services that child welfare requires before returning their kids. A church in my community offers to protect critical documents for those on the streets and then makes copies when they’re needed to apply for a job, enroll their kids in school, or for other reasons”

[end of excerpt]

 

dogtags of warriors KIA. Helmund Province. image accessed via Google images 2018 200 x 301

One view from the streets: Homeless ID Project (Phoenix, Arizona)

During a month living on the streets in 1987, the founder of Phoenix, Arizona’s Homeless ID Project learned that “the lack of personal identification documents was a serious impediment, preventing the homeless from accessing services to aid them in regaining their self-sufficiency.” 

https://azhomeless.org/about-us.html

The Phoenix charity explains why documents are necessary, their process for helping folks get them, and the Homeless ID project’s document safe-keeping service at https://azhomeless.org/about-us-299083.html

Some examples of the kinds of information available at Homeless ID Project’s website:

A state I.D. is essential for ending homelessness. You need an I.D. to get a job or secure housing and to access services like food stamps and medical insurance. Without an I.D., you are unlikely to find permanent employment or gain admission to school. You may also run the risk of being arrested. You are encouraged to obtain an Arizona I.D. as soon as possible. [. . .]

Why might I need a birth certificate?

If you’ve never had an Arizona I.D. before, you will need a birth certificate as a first step to obtaining a state I.D. if no other form of primary documentation can be obtained. You may also need a birth certificate when applying for Medical Insurance or a housing program.

What kind of identifying documents will I need to obtain a birth certificate?

Everything about the process of applying for your birth certificate depends on the state where you were born. If you were born in:

– Kentucky, Ohio, Vermont, Washington, or West Virginia: you do not need any I.D. to apply.

– Indiana, New Hampshire, North Carolina, Pennsylvania, or Wisconsin: you need a valid Arizona I.D. card that lists your current address, where you would like your birth certificate sent.

All other states require a valid state ID, with no address requirements.

I was born in a state that requires I.D. to apply for a birth certificate, but I don’t have any I.D.. What do I do?

If you don’t have a state I.D., there may be other solutions, depending on the state where you were born. If you were born in:

– Arkansas, Cook County (IL), D.C., Florida, Georgia, Indiana, Iowa, Mississippi, Nevada, New Jersey, New York City, North Carolina, Oklahoma: We can send a letter on your behalf. Some of these states require documents accompanying the letter; for example, Oklahoma requires a piece of mail in your name, Florida asks for any document with your name on it, and Mississippi wants a copy of your Human Services I.D..

– Arizona, California, Connecticut, Idaho, Maryland, Missouri, Montana, New Hampshire, New York City, North Dakota, South Dakota, Tennessee, Wisconsin, or Wyoming: We can notarize the application if you have a witness with a valid state ID who can attest to your identity. A few states have odd exceptions. Georgia allows an Employee I.D.. Idaho will take a DOC ID. Illinois (except Cook County) will accept two forms of non-state ID. Pennsylvania will take a letter from a case manager at a shelter. New York  and New York City requires two letters sent to the same address within 6 months for NY and 60 days for New York City.

For all other states, there is no currently accepted alternative to a valid state I.D.. We will work with you on a case-by-case basis and do our best to find a solution.

My minor children need their birth certificates. Can I apply for them?
Yes, you can apply for your minor child’s birth certificate if you are the parent (name must be on birth certificate) or legal guardian. The same identification rules apply as if you were requesting a copy of your own birth certificate; you will need a copy of your state I.D. or an accepted alternative, depending on the state.

I am worried about my birth certificate being lost or stolen. What should I do?
We strongly encourage you to store your birth certificate in our office. We have a secure, fire-proof safe where you may store your birth certificate, Social Security card, or State I.D. to prevent loss, theft, or damage. You can retrieve your documents at any time during normal business hours, without waiting in line.​

For more info from the Homeless ID Project: https://azhomeless.org/about-us-299083.html

 

dd-214-sample-form-separation-document. image courtesy militarybenefits.info accessed via Google images 10 Oct 2018. 225 x 297There are a number of ways veterans, next-of-kin and authorized representatives can obtain a copy of the DD-214 form.  In most cases the process takes 3-4 weeks.  The DD-214 form is often needed for a job application, VA Loan, medical benefits, association membership, a veteran’s funeral benefit, school enrollment, reenlistment or proof of service for the many businesses offering military discounts.

https://militarybenefits.info/how-to-get-dd-214-copy/

Read more: https://militarybenefits.info/how-to-get-dd-214-copy/#ixzz5Tb0anYf1

 

Feature Image: Phoenix, Arizona USA. Image accessed at Crowne Plaza Phoenix Airport via Google images on 10 October 2018.

 

ckb face indian screen image indirect 150 x 221Charles Bloeser is the creator of combatresearchandprose.com, a new open-source applied research initiative examining combat and those marked by it. His most recent publication chronicles a tragic story that a former client – a combat-haunted Vietnam veteran – asked him to tell, from his deathbed:   

http://www.strifeblog.org/2018/08/02/henry-a-wounded-soldier-forgotten-by-all-in-an-american-jail-by-all-except-his-brothers-who-fell-beside-him-in-vietnam

 

 

 

My husband lost a limb in Afghanistan. Now, as his caregiver, I’m on the front lines.

Today’s opinion column by wounded warrior caregiver and USA Today contributor Ms. Sarah Verardo yanks the cover away from a national tragedy that the Trump Administration is working to fix.

The focus of her essay is those veterans – and their caregivers – who are deemed eligible for VA benefits. It does not extend to the tens of thousands of veterans who’ve been deemed ineligible for VA services due to “bad paper” discharges.

Although by law, Congress denies veterans’ services only to those “discharged under dishonorable conditions,” the VA has interpreted the intent of the law as excluding anyone with Dishonorable discharges as well as all veterans with Bad Conduct or OTH discharges, regardless of whether or not these latter discharges were related to any action understood as ‘dishonorable.’”

Ali R. Tayyeb and Jennifer Greenburg. “Bad Papers”: The Invisible and Increasing Costs of War for Excluded Veterans 6. Watson Institute of International and Public Affairs, Brown University. 20 June 2017 (citations omitted).

The following is excerpted from Ms. Verardo’s opinion piece in USA Today:

“Eight years ago, my husband stepped on an improvised explosive device in Afghanistan. He lost his left leg and much of his left arm, and barely survived. . . .

“As many as 5.5 million caregivers struggle to care for disabled veterans like my husband. These wounded warriors, especially catastrophically disabled, need round-the-clock assistance because they have a hard time completing the tasks associated with daily living — such as going to the bathroom or getting out of bed.

“In our case, my husband needs assistance to complete all his daily tasks, from dressing, to getting cleaned and ready, to planning the day. Every day, I am constantly thinking for two people.

Catastrophically wounded vets also require lots of medical care. In addition to his surgeries [119 of them], my husband has gone through years of speech, visual, physical and occupational therapy.

. . .

“The Department of Veterans Affairs offers caregivers support for coordinating these services as well as a stipend.

“Caregivers could receive $7,800 to $30,000 in any given year. To calculate caregiver stipends, the VA looks at a typical home health aide’s hourly wage in a veteran’s geographic location, as well as the number of hours of care that veteran needs. The VA caps the hours of care at 40 per week.

“That’s almost insulting. I am a caregiver every second of every day. One-fifth of caregivers report caring for their veterans 80 hours a week.

. . .
Fortunately, federal officials are beginning to take action. As part of the recently passed VA MISSION Act, Congress will expand caregiver support to all veterans — not just those injured after 9/11.

https://www.usatoday.com/story/opinion/voices/2018/12/05/veteran-caregivers-affairs-war-disability-afghanistan-va-column/2154728002/

 

FEATURE IMAGE accompanies this 5 December 2018 featured op-ed in USA Today. Caption: “Mike and Sarah Verardo in Charlotte, North Carolina, in November 2018.”