Once the word got out that I was a licensed attorney in the state of Michigan it seemed that I was appointed to any assignment that remotely dealt with law, investigations or legal matters. One such appointment dealt with being selected and appointed as a Casualty Officer. That required attendance to a week long training seminar located at Camp Arifjan, Kuwait were I learned the ends and outs of notification of the death of service members to families as well as the death benefits that are provided to the surviving family. During my deployment, I was was assigned to investigate the death of a soldier and make "a line of duty" or LOD determination as to cause of death. My investigation could have resulted in a recommendation that the deceased service member did not die "in the line of duty" and as such was not entitled to the benefits afforded to service members who are killed or die while serving. My findings could have resulted in the non-payment of hundreds of thousands of dollars to the surviving families. However, as a result of my investigation, I recommended and my recommendation was accepted that death benefits should be paid to the beneficiary.
So what happens if you die while serving in a combat zone? Well if that happens, all I can say is it sucks to be you! However, if you prepared adequately, your loved ones will be better prepared to move on with their lives. One of the first things you should be aware of is that within 72 hours of your death in a combat zone your family will receive check sent via electronic funds transfer to the their bank account in the amount of $100,000. That money should be used to take care of the survivors affairs until the Service Member's Group Life Insurance or SGLI is paid usually that take place within 30 days. Unless otherwise selected, the policy will pay $400,000. (This amount is in addition to the $100,000 already received in the first 24 hours) In addition to those money paid to the beneficiary or beneficiaries, there are more entitlements that would be paid upon your death. In my book, I go into detail about those other death benefits.
Upon your death, your next of kin must be notified within within 24 hours of your death. The notification is made by someone of the same or higher rank and usually that person is accompanied with a Chaplin. The sole purpose of the notification is to inform the next of kin and let them know that a family military advisor will be appointed to assist with the rest of the process in addition to the explanation of other benefits to assist the family.
As it relates to the cause of death, there will be no speculation given. The lessons learned from the death of famed football player turned soldier Pat Tillman are many. Pat Tillman was killed in Afghanistan by friendly fire. However, much of the information was put out early on was wrong and some have even claimed intentionally distorted to make the military "look good".
With regard to property, you should know that all of your property will inventoried and shipped to the next of kin. A little known fact, if you have a computer, that computer will be shipped to a location were it will be scanned for anything that may be offensive to the next of kin, such as a spouse. The rational for this is simple. If something like a love letter to anyone other then the spouse is discovered that letter will be deleted from the system. This is said to be done to protect the entrust of all concerned. For more information surrounding the events that take place upon your death in a combat zone refer to my new book. "The Service Member's Guide to Deployment."
Wednesday, August 27, 2008
Thursday, August 14, 2008
"If" by Rudyard Kipling
If you can keep your head when all about you
Are losing theirs and blaming it on you;
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or, being lied about, don't deal in lies,
Or, being hated, don't give way to hating,
And yet don't look too good, nor talk too wise;
If you can dream - and not make dreams your master;
If you can think - and not make thoughts your aim;
If you can meet with triumph and disaster
And treat those two imposters just the same;
If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to broken,
And stoop and build 'em up with wornout tools;
If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breath a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: "Hold on";
If you can talk with crowds and keep your virtue,
Or walk with kings - nor lose the common touch;
If neither foes nor loving friends can hurt you;
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds' worth of distance run -
Yours is the Earth and everything that's in it,
And - which is more - you'll be a Man my son!
Thursday, August 7, 2008
Arrival at the Demobilization Station
Arrival at your demobilization station may bring mixed emotions. On the one hand you are very excited about going home to see loved ones yet on the other hand you may be a little curious as to the changes made in everyone's life as well as the changes that you have made during your deployment. I will never forget the words of another survive member, SGT Lakesha S. McNeil from Mississippi, prior to departing for my first deployment. She indicated that no mater who you are, you will certainly be affected by your combat deployment experience. If I ever run into SGT McNeil in the future, I will let her know that she was right.
Upon my arrival at Ft McCoy Wisconsin, my demobilization station, I was eager to get my demobilization process underway. Service members returning from a combat deployment must undergo thorough records checks and medical evaluations to ensure, not only their records are in order but their mind and body are well and prepared to be reintroduced to civilian life.
I found this process to be very well organized and easily navigable. The process of demobilization consist of several stations. In my case, I was considered and Individual Redeployer. That meant that I did not have to navigate the demobilization process with a large unit. Instead, I was able to just slide in where I could get in! Expecting to spend as much as a week or more at the demobilization station, I spent less then 3 days. I have heard of horror stories of service members spending weeks at their respective demobilization stations. Often times the reason is being considered a "medical holdover". Among the stations that each service member must process and clear consist of the following.
1. Audiology
2. Record Review
3. Chaplain
4. Legal
5. Dental
6. Retention
7. Medical
8. LODs
9. ACAP
10. Finance
11. DD214
12. ID Card
13. QA Survey
14. Final SRC Checkout
No matter how much preparation one does in preparing to deploy, I am amazed how important things get missed. For example as I processed through the ID Card station, I learned that I was never coded as someone serving on "Contingency Operations" duty. In a nut shell, that meant that if someone in the future had questioned if I had ever served in support of Operation Iraqi Freedom, much less served in Kuwait, they could have denied certain benefits that are only available to those who serve under that coding. They certainly would have required me to jump through more hoops to prove I was eligible for certain benefits.
I have some very important advice for those National Guard and Reservist out there. If you have built up Leave days, it is imperative that you depart theater in enough time so that you do not lose those days. Unless you fall into a certain category such as having served in Iraq or Afghanistan with the hopes of taking advantage of the Post Mobilization Respite Absence or PMRA.
PMRA is a program designed to offer benefits to those service members who served in Iraq and Afghanistan without taking their required time off with the family. If for example a Reservist or National Guard service member serves two consecutive tours in those countries, they would be offered additional non-chargeable leave days. They would not lose those days even if they did not have available days to take them. Instead what would happen is that upon reaching their demobilization station, their orders would be extended giving them the opportunity to take their leave without the loss of their benefits and entitlements.
If you arrive at your demobilization station with more leave days then you have left on your orders, you could end up losing certain benefits that you would not have lost if you had enough days on your orders to cover those days. The best way to illustrate my point is to consider the following. Service Member "A" departs Kuwait with 10 days left on his orders but has 30 days of leave built up. Upon arriving at the demobilization station, he would be able to use up to 10 days of transitional leave and be required to sell back the remaining 20 days.
Why is that important you might ask? Well when Service Member "A" sells back his 20 leave days, he will lose his "day for day" credit for his retirement calculation thus cause a possible reduction in retirement benefits. Additionally he will lose his housing allowance which can be calculated at over $2,000 per month for some service members.
Now consider Service Member "B". She departs Qatar with 35 days left on her order but has 30 days of chargeable leave. Upon arrival at her demobilization station, she would be able to take her entire 30 days of leave plus earn her day for day credit for retirement purposes. In addition she would also continue receiving her housing allowance. Service Member "B" is a much happier and wealthier service member.
However, you can avoid the paroles of Service Member "A" by just ensuring you depart theater with enough time to utilize all of your earned chargeable leave. There are exceptions to this such as obtaining a letter from an O6 in your chain of command. However, you must plan ahead. Remember YOU are the only one that is responsible for your career!
It can not be stressed too much, it is very important that you keep accurate records of your file and ensure your file is correct and updated! Without over exaggerating, I have gone through no less then 4 Soldier Readiness Processes or SRPs prior to mobilization in support of Operation Iraqi Freedom. However, during my demobilization phase after my two years of active duty, it was discovered that my records were not coded correctly and not giving me credit for serving in contingency operations. So in fact there was not a record of me serving in a war zone. How could this happen you might ask? Well I will respond by saying what the fine young woman told me as I past through her "ID Card" section; "If it is not THEIR records, no one cares." In other words, you are the best custodian of your career and records. No one else will put as much time and effort into ensuring your files are up to date as you!
Upon my arrival at Ft McCoy Wisconsin, my demobilization station, I was eager to get my demobilization process underway. Service members returning from a combat deployment must undergo thorough records checks and medical evaluations to ensure, not only their records are in order but their mind and body are well and prepared to be reintroduced to civilian life.
I found this process to be very well organized and easily navigable. The process of demobilization consist of several stations. In my case, I was considered and Individual Redeployer. That meant that I did not have to navigate the demobilization process with a large unit. Instead, I was able to just slide in where I could get in! Expecting to spend as much as a week or more at the demobilization station, I spent less then 3 days. I have heard of horror stories of service members spending weeks at their respective demobilization stations. Often times the reason is being considered a "medical holdover". Among the stations that each service member must process and clear consist of the following.
1. Audiology
2. Record Review
3. Chaplain
4. Legal
5. Dental
6. Retention
7. Medical
8. LODs
9. ACAP
10. Finance
11. DD214
12. ID Card
13. QA Survey
14. Final SRC Checkout
No matter how much preparation one does in preparing to deploy, I am amazed how important things get missed. For example as I processed through the ID Card station, I learned that I was never coded as someone serving on "Contingency Operations" duty. In a nut shell, that meant that if someone in the future had questioned if I had ever served in support of Operation Iraqi Freedom, much less served in Kuwait, they could have denied certain benefits that are only available to those who serve under that coding. They certainly would have required me to jump through more hoops to prove I was eligible for certain benefits.
I have some very important advice for those National Guard and Reservist out there. If you have built up Leave days, it is imperative that you depart theater in enough time so that you do not lose those days. Unless you fall into a certain category such as having served in Iraq or Afghanistan with the hopes of taking advantage of the Post Mobilization Respite Absence or PMRA.
PMRA is a program designed to offer benefits to those service members who served in Iraq and Afghanistan without taking their required time off with the family. If for example a Reservist or National Guard service member serves two consecutive tours in those countries, they would be offered additional non-chargeable leave days. They would not lose those days even if they did not have available days to take them. Instead what would happen is that upon reaching their demobilization station, their orders would be extended giving them the opportunity to take their leave without the loss of their benefits and entitlements.
If you arrive at your demobilization station with more leave days then you have left on your orders, you could end up losing certain benefits that you would not have lost if you had enough days on your orders to cover those days. The best way to illustrate my point is to consider the following. Service Member "A" departs Kuwait with 10 days left on his orders but has 30 days of leave built up. Upon arriving at the demobilization station, he would be able to use up to 10 days of transitional leave and be required to sell back the remaining 20 days.
Why is that important you might ask? Well when Service Member "A" sells back his 20 leave days, he will lose his "day for day" credit for his retirement calculation thus cause a possible reduction in retirement benefits. Additionally he will lose his housing allowance which can be calculated at over $2,000 per month for some service members.
Now consider Service Member "B". She departs Qatar with 35 days left on her order but has 30 days of chargeable leave. Upon arrival at her demobilization station, she would be able to take her entire 30 days of leave plus earn her day for day credit for retirement purposes. In addition she would also continue receiving her housing allowance. Service Member "B" is a much happier and wealthier service member.
However, you can avoid the paroles of Service Member "A" by just ensuring you depart theater with enough time to utilize all of your earned chargeable leave. There are exceptions to this such as obtaining a letter from an O6 in your chain of command. However, you must plan ahead. Remember YOU are the only one that is responsible for your career!
It can not be stressed too much, it is very important that you keep accurate records of your file and ensure your file is correct and updated! Without over exaggerating, I have gone through no less then 4 Soldier Readiness Processes or SRPs prior to mobilization in support of Operation Iraqi Freedom. However, during my demobilization phase after my two years of active duty, it was discovered that my records were not coded correctly and not giving me credit for serving in contingency operations. So in fact there was not a record of me serving in a war zone. How could this happen you might ask? Well I will respond by saying what the fine young woman told me as I past through her "ID Card" section; "If it is not THEIR records, no one cares." In other words, you are the best custodian of your career and records. No one else will put as much time and effort into ensuring your files are up to date as you!
Tuesday, August 5, 2008
Battlefield Stress
Whether you wear a medal on you chest or just courage in your heart, the effects of war are real. Service members should never be ashamed to seek mental health counseling. There is no shame in recognizing that you are having problems dealing with the effects of your combat deployment. In fact, it is honorable and shows a great deal of courage for you to seek out and get the treatment you need to succeed. In the past seeking mental health counselling may have affected your ability to obtain or keep a security clearance or even certain jobs in the military. Recently the have been changes on security clearance application procedures. You are now allowed to check the "no" block when asked if you have any mental health issues as long as you are seeking and undergoing treatment with a mental health provider.
As l look back over the two years I spent deployed to the Iraq war theater of operations, I am amazed at the many experience I have had. I have held positions that helped service members return home for much needed Rest and Recuperation as the Deputy Chief of USARCENT's R&R Program. The R&R program, with nearly a billion dollar per year budget, did just that. I also on a more relevant note to this book held the position of S1/Adjutant. However for me by the end of my deployment I learned that the truly most important thing in life was the connection you have with family and friends. Family is and will always be the most important thing in my life. My wife has surprised me with her strength and courage. Remember when you serve, your entire family serves with you. When you are under stress so is your family. It took a combat deployment for some to realize this fact.
If you are suffer from stress associated to your deployment contact your base mental health provider or the Veterans Administration. They are well equipped to assist you as you navigate on your road to recovery and mental health bliss.
As l look back over the two years I spent deployed to the Iraq war theater of operations, I am amazed at the many experience I have had. I have held positions that helped service members return home for much needed Rest and Recuperation as the Deputy Chief of USARCENT's R&R Program. The R&R program, with nearly a billion dollar per year budget, did just that. I also on a more relevant note to this book held the position of S1/Adjutant. However for me by the end of my deployment I learned that the truly most important thing in life was the connection you have with family and friends. Family is and will always be the most important thing in my life. My wife has surprised me with her strength and courage. Remember when you serve, your entire family serves with you. When you are under stress so is your family. It took a combat deployment for some to realize this fact.
If you are suffer from stress associated to your deployment contact your base mental health provider or the Veterans Administration. They are well equipped to assist you as you navigate on your road to recovery and mental health bliss.
Friday, August 1, 2008
The Power of a Power of Attorney!
The sequence of events that were set in motion on September 11, 2001 changed America forever. On this day, The United States of America lost its innocence. The land of the free was no longer as free as it once was. Open and free travel no longer seemed as open and free. Subsequently, America soon found itself at war with Iraq and Afghanistan. The number of service members needed to adequately fight this war was tremendous. The number of service members on active duty was not enough to engage in effective combat. As such, the burden to pick up the slack fell upon the Reserve and National Guard forces of our military. Not in recent memory has there been a greater number of service members deployed conus or oconus. From a military deployment standpoint, the wars in Iraq and Afghanistan caused the number of deployments to grow substantially.
Since September 11, 2001, over 1.7 million service members have been deployed in support of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). Operation Enduring Freedom’s military focus is on securing the nation of Afghanistan while, as its name suggests, Operation Iraqi Freedom is concerned with securing the nation of Iraq. In addition to the service members deployed to Iraq and Afghanistan, thousands of service members were deployed to Kuwait and Qatar in support of Operation Iraqi Freedom. Moreover, tens of thousands service members were deployed in support of contingency operations around the world.
There have been millions of Americans deployed to war zones around the world since this great country was founded over 230 years ago, however, recently it appears that many soldiers are deploying in greater frequency then ever before. In addition, some of those deployed are on their 2nd, 3rd, or even 4th deployment. In many cases, the deployment is involuntary and not knowing all of the information that will make the deployment less stressful creates a tremendous burden not only for the deploying service member but the family of that service member as well.
Deployment is much like a roller coaster ride at an amusement park. You first have the uncertainty of the entire event much like what you feel as you enter the gate of a roller coaster that you have never ridden. You are unsure if you will make it. You may even attempt to get out of it at the very last minute. Just as in the case of a roller coaster ride as it makes its climb, you must begin certain aspects of preparing for your deployment with the same uncertainty. After you’ve made it to the top of the roller coaster, you brace yourself for your quick decent, and at this point you realize there is no turning back. This is a similar feeling to what you may experience upon receiving your mobilization orders, but you brace yourself anyway and prepare for the many highs and lows this ride (known as a deployment) will offer. One of the first things you want to do upon notice of your impending deployment is notify family and loved ones. However of great importance is the preparation and safekeeping of a power of attorney. Never underestimate the power of a power of attorney!
When considering securing a power of attorney, know that there are two types. A special power of attorney and a general power of attorney. A general power of attorney gives another person broad and far reaching authority to handle your affairs. A special power of attorney only provides for specifically limited handling of your affairs such as selling your vehicle or preparing your taxes. Regardless of the type of power of attorney you give, there should be a specific termination date. As an attorney, I recommend powers of attorney terminate after one year has passed.
The following two "case scenarios" should provide a clearer illustration of the power of powers of attorneys.
Case Scenario 1:
“Service Member” was ordered to active duty to be deployed to Iraq in support of Operation Iraqi Freedom. “Service Member” has been married for 18 years to a wonderful person, “Spouse”.
“Service Member” loved “Spouse” very much and wanted to ensure “Spouse” was able to take care of things in “Service Member’s” absence. Prior to “Service Member” departing for duty "Spouse" was given a Power of Attorney.
Do to the stress and temptations of “Service Member's” absence, “Spouse” files for divorce. However, due to “Service Member” not fully understanding the difference between a general power of attorney and a special power of attorney, “Service Member” gave "Spouse" a general power of attorney.
What do you think happened? In this case scenario, "Spouse" was given a general power of attorney. As such "Spouse" had far reaching authority to act on behalf of "Service Member". "Spouse" was able to withdrawal $10,000.00 from "Service Member's" bank account, sell "Service Members" 1965 Cobra, and withdrawal money at will from "Service Member's" bank account. "Spouse" did this while filing for divorce from "Service Member" and receiving all of the military housing allowance that totaled nearly $2,000.00 per month. Needless to say that upon "Service Member's" return from deployment, "Service Member" was depressed and had to seek counseling. Not to mention all of "Service Member's" assets were gone and "Service Member" had little recourse as "Service Member" gave "Spouse" a general power of attorney.
Case Scenario 2:
“Service Member” was ordered to active duty to be deployed to Afghanistan in support of Operation Enduring Freedom. “Service Member” has been married for 5 years to a wonderful person, “Spouse”.
“Service Member” loved “Spouse” very much and wanted to ensure “Spouse” was able to take care of things in “Service Member’s” absence. Prior to “Service Member” departing for duty "Spouse" was given a Power of Attorney.
Do to the stress and temptations of “Service Member's” absence, “Spouse” files for divorce. However, prior to deploying to Afghanistan, “Service Member” read the book The Service Member’s Guide to Deployment;what every Soldier, Sailor, Airmen and Marine should know prior to being deployed. Copyright 2008 by CPT Thomas A. Mengesha “Service Member” gave "Spouse" a special power of attorney.
What do you think happened? In this case scenario, "Service Member", though was unhappy about getting a divorce, was very happy about obtaining a special power of attorney to handle the very limited duty of ensuring taxes were paid during the absence of the deployment. With a special power of attorney, the person who receives the power can only carry out the specific instructions laid out in the document.
As a licensed and practicing attorney in the State of Michigan, I strongly recommend giving only specific power of attorney to handle those very limited situations that may arise during a deployment. I cannot think of any reason that a service member would want to give a general power of attorney to anyone. Remember it is easier to add or broaden the power then cut back, Particularly if the person who has the general power of attorney is acting in bad faith.
Since September 11, 2001, over 1.7 million service members have been deployed in support of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). Operation Enduring Freedom’s military focus is on securing the nation of Afghanistan while, as its name suggests, Operation Iraqi Freedom is concerned with securing the nation of Iraq. In addition to the service members deployed to Iraq and Afghanistan, thousands of service members were deployed to Kuwait and Qatar in support of Operation Iraqi Freedom. Moreover, tens of thousands service members were deployed in support of contingency operations around the world.
There have been millions of Americans deployed to war zones around the world since this great country was founded over 230 years ago, however, recently it appears that many soldiers are deploying in greater frequency then ever before. In addition, some of those deployed are on their 2nd, 3rd, or even 4th deployment. In many cases, the deployment is involuntary and not knowing all of the information that will make the deployment less stressful creates a tremendous burden not only for the deploying service member but the family of that service member as well.
Deployment is much like a roller coaster ride at an amusement park. You first have the uncertainty of the entire event much like what you feel as you enter the gate of a roller coaster that you have never ridden. You are unsure if you will make it. You may even attempt to get out of it at the very last minute. Just as in the case of a roller coaster ride as it makes its climb, you must begin certain aspects of preparing for your deployment with the same uncertainty. After you’ve made it to the top of the roller coaster, you brace yourself for your quick decent, and at this point you realize there is no turning back. This is a similar feeling to what you may experience upon receiving your mobilization orders, but you brace yourself anyway and prepare for the many highs and lows this ride (known as a deployment) will offer. One of the first things you want to do upon notice of your impending deployment is notify family and loved ones. However of great importance is the preparation and safekeeping of a power of attorney. Never underestimate the power of a power of attorney!
When considering securing a power of attorney, know that there are two types. A special power of attorney and a general power of attorney. A general power of attorney gives another person broad and far reaching authority to handle your affairs. A special power of attorney only provides for specifically limited handling of your affairs such as selling your vehicle or preparing your taxes. Regardless of the type of power of attorney you give, there should be a specific termination date. As an attorney, I recommend powers of attorney terminate after one year has passed.
The following two "case scenarios" should provide a clearer illustration of the power of powers of attorneys.
Case Scenario 1:
“Service Member” was ordered to active duty to be deployed to Iraq in support of Operation Iraqi Freedom. “Service Member” has been married for 18 years to a wonderful person, “Spouse”.
“Service Member” loved “Spouse” very much and wanted to ensure “Spouse” was able to take care of things in “Service Member’s” absence. Prior to “Service Member” departing for duty "Spouse" was given a Power of Attorney.
Do to the stress and temptations of “Service Member's” absence, “Spouse” files for divorce. However, due to “Service Member” not fully understanding the difference between a general power of attorney and a special power of attorney, “Service Member” gave "Spouse" a general power of attorney.
What do you think happened? In this case scenario, "Spouse" was given a general power of attorney. As such "Spouse" had far reaching authority to act on behalf of "Service Member". "Spouse" was able to withdrawal $10,000.00 from "Service Member's" bank account, sell "Service Members" 1965 Cobra, and withdrawal money at will from "Service Member's" bank account. "Spouse" did this while filing for divorce from "Service Member" and receiving all of the military housing allowance that totaled nearly $2,000.00 per month. Needless to say that upon "Service Member's" return from deployment, "Service Member" was depressed and had to seek counseling. Not to mention all of "Service Member's" assets were gone and "Service Member" had little recourse as "Service Member" gave "Spouse" a general power of attorney.
Case Scenario 2:
“Service Member” was ordered to active duty to be deployed to Afghanistan in support of Operation Enduring Freedom. “Service Member” has been married for 5 years to a wonderful person, “Spouse”.
“Service Member” loved “Spouse” very much and wanted to ensure “Spouse” was able to take care of things in “Service Member’s” absence. Prior to “Service Member” departing for duty "Spouse" was given a Power of Attorney.
Do to the stress and temptations of “Service Member's” absence, “Spouse” files for divorce. However, prior to deploying to Afghanistan, “Service Member” read the book The Service Member’s Guide to Deployment;what every Soldier, Sailor, Airmen and Marine should know prior to being deployed. Copyright 2008 by CPT Thomas A. Mengesha “Service Member” gave "Spouse" a special power of attorney.
What do you think happened? In this case scenario, "Service Member", though was unhappy about getting a divorce, was very happy about obtaining a special power of attorney to handle the very limited duty of ensuring taxes were paid during the absence of the deployment. With a special power of attorney, the person who receives the power can only carry out the specific instructions laid out in the document.
As a licensed and practicing attorney in the State of Michigan, I strongly recommend giving only specific power of attorney to handle those very limited situations that may arise during a deployment. I cannot think of any reason that a service member would want to give a general power of attorney to anyone. Remember it is easier to add or broaden the power then cut back, Particularly if the person who has the general power of attorney is acting in bad faith.
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