Friday, March 27, 2009

Time-line from receipt of Deployment Orders to Departure to the War Zone...

The sequence of events 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 following the September 11 terrorist attacks. 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 development standpoint, the wars in Iraq and Afghanistan provoked 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 suggest, 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.

So what happens when you receive your "orders" to go? Generally speaking your Unit, if you are deploying as a unit, will receive unit orders informing the Command that their unit will be deploying. If on the other hand you are an individual deployer as I was, you could receive your initial order via a phone call followed by orders requesting that you report for active duty. The amount of notice given to a service member ranges anywhere from several months in advance to only several days prior to the date ordered to active duty. I received my orders only three weeks before my scheduled day to report for duty.

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, 4th and 5th 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 to a roller coaster that you have never ridden before. You are unsure if you will make it. You may even attempt to get out of it at the very last minute. The roller coaster makes its climb and just as you begin the process of family planning and the actual deployment, you become anxious and nervous. 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 reaching your mobilization site but you brace yourself anyway and prepare for the many highs and lows this ride will offer.

In my book I go into great detail outlining what to expect when you deploy to the war zone.

Thursday, March 26, 2009

More U.S. troops for Afghan war

WASHINGTON (AP) — Concerned about the faltering war in Afghanistan, President Obama plans to dispatch thousands more military and civilian trainers on top of the 17,000 fresh combat troops he's already ordered, people familiar with the forthcoming plan said Thursday.

TWITTER: USA TODAY's Jim Michaels checks in from Afghanistan
Obama, who plans to lay out his revamped strategy for Afghanistan and Pakistan on Friday, also will call for increasing aid to neighboring Pakistan as long as its leaders confront militants in the border region.

Several sources told The Associated Press the strategy includes 20 recommendations for countering a persistent insurgency that spans the two countries' border, including sending 4,000 U.S. trainers to try to increase the size of the Afghan army.

White House press secretary Robert Gibbs would not discuss specifics of the plan, but said Obama is beginning to discuss its findings with members of Congress and others. Obama's top military advisers briefed key lawmakers Thursday.

Sources described the recommendations on condition of anonymity because the final wording was not complete. The new plan identified al-Qaeda as the target in a larger network of insurgents who threaten U.S. and allied forces in Afghanistan, often from sanctuaries across the border in Pakistan.

The additional 4,000 troops devoted to training and advising the Afghan armed forces would head to Afghanistan this spring and summer. They come on top of about 17,000 combat and support troops Obama wants in place by the end of the summer.

Sen. Carl Levin, chairman of the Armed Services Committee, said the training group is needed because there aren't enough U.S. military advisers there now.

"We've got to increase the size (of the Afghan army) much more quickly than contemplated and the trainers are the key to that," said Levin, D-Mich.

Sen. John McCain, R-Ariz., said it seemed like a viable strategy as long as the manpower is there.

"I know we need more than the 17,000," he said.

The forthcoming White House review also says the U.S. will add hundreds of civilian advisers to those already in Afghanistan. The so-called civilian surge would concentrate on improving life for ordinary Afghans, and would include experts in agriculture in a country where subsistence farming is the norm. The civilians are also meant to help extend government services and the administration of justice.

The plan notes that the top U.S. general in Afghanistan still wants some 10,000 or 11,000 additional U.S. forces next year, but does not say whether Obama intends to fulfill that request now, sources said. That decision would come by the end of this year.

The plan also broaches dramatically increasing the size of Afghanistan's security forces. It calls for a study to determine the size of the police and military force capable of securing the country. Several defense officials said that could entail doubling the Afghan security force to almost 400,000. However, the strategy review does not recommend any specific figure.

The Obama strategy document deliberately avoids specific numbers, dollar amounts and timelines "in any domain," a senior defense official said. He said the intent is to set goals and a new direction, with specifics of implementation to be worked out in coming months.

The plan also strongly backs legislation by Sens. John Kerry, D-Mass., and Richard Lugar, R-Ind., that would triple humanitarian aid to $1.5 billion to Pakistan for five years. The bill had been proposed last year by now Vice President Joe Biden.

Kerry, who took over for Biden as chair of the Foreign Relations Committee, said he also supports placing some conditions on military aid to Pakistan. Biden's original bill threatened to cut military funding for Islamabad unless the government did more to fight Taliban forces.

Kerry said he planned to introduce next week an updated version of the measure that would increase slightly the $1.5 billion figure. He also said the strategy prepared by the administration won't be the final word.

"I'm concerned that we still have work to do to adequately deal with the western portion of Pakistan," he told reporters. "It's still a concern. I think this strategy will help to deal with it, but it's not as complete as it needs to be."

From USAToday

Wednesday, March 25, 2009

Military puts focus on epidemic of suicides

BAGHDAD — In Maj. Thomas Jarrett's stress management class surrounded by concrete blast walls, American troops are urged not to accept post-traumatic stress disorder as an inevitable consequence of war.
Instead, Jarrett tells them to strive for "post-traumatic growth."

During a 90-minute presentation entitled "Warrior Resilience and Thriving," Jarrett, a former corporate coach, offers this and other unconventional tips on how troops can stay mentally healthy once they return home. He quotes Roman Emperor Marcus Aurelius, Paradise Lost author John Milton and German philosopher Friedrich Nietzsche, among others.

Walking through the crowd of young GIs in the makeshift classroom, Jarrett urges them to fight their "internal insurgents."

The overriding theme of the course: Troops have the power to determine how they react to the horrors they may experience in Iraq. They can either accept them as traumatizing events, or transform them into learning — even empowering — experiences.

The class is part of an urgent initiative aimed at halting an epidemic of suicides, which has killed almost as many American troops this year as combat operations in Iraq and Afghanistan combined. The trend has left top military psychologists puzzled and resulted in a new emphasis on programs that alleviate stress and prevent possible suicides while troops are still on the battlefield, where doctors say many mental health problems begin.

To that end, every soldier arriving in Iraq is now handed a card detailing the warning signs for depression and suicide. Two-star generals appear on the Armed Forces Network talking about their experiences with mental health specialists and how it helped. And mental health experts are spending more time on the front lines to make the counseling process informal and accessible to troops who may be reluctant about seeking out a psychiatrist.

The challenge is to get soldiers to open up about their troubles and to break what Lt. Col. Peyton Hurt, the senior psychiatrist in Iraq, calls the old Army way: "You suck it up and drive on."

"We're rolling out program after program and making a very concerted effort at lots of levels," Hurt said. "The government is just pouring money into this stuff right now."

In January, suspected suicides in the Army reached an all-time monthly high of 24, doubling the number of combat deaths in Iraq and Afghanistan combined, according to military data. (Military investigators often take months to confirm suicide as the cause of death.) The number of suspected suicides was 18 in February.

The majority of the suicides have occurred once troops return home to the USA, but Hurt and other doctors say the problems tend to take root while troops are still at war, meaning it's crucial to address their mental health as early as possible.

The strains that the armed forces have endured as they fight two long wars are well-documented: extended deployments, a rash of brain injuries and sometimes insufficient military health care, among others.

But military psychologists and troops in Iraq interviewed by USA TODAY also mentioned less conventional explanations. They ranged from boredom as combat operations cease in Iraq to, paradoxically, the improvement in communications that allows troops to keep in better touch with their loved ones — but also immerses them in family problems while they're still at war.

Ultimately, Hurt says the military isn't really sure what's causing the suicides. He has hope in programs like Jarrett's, but he also worries that the military's outreach effort relies on "marketing" techniques to make troops aware of the problem without adequately addressing the core causes.

"I don't want to be cynical about it, but I'm not convinced that necessarily it'll make much difference," Hurt said. "It might. We don't know."

Enormous time pressures

Hurt says the military has worked hard to overcome the traditional stigma associated with mental health issues — one that, despite the hard-learned lessons of previous wars, prevailed again early in the Iraq war.

Lt. Col. Benjamin Matthews says he laughed at the idea of mental health counseling back in 1993, when he was a young lieutenant in Somalia during the Black Hawk Down incident, where 18 Americans were killed and more than 80 others were wounded.

"I got two 800-milligram Motrins and was told 'Go back out and fight,' " Matthews said.

He said there was also little opportunity for counseling during the 2003 invasion of Iraq and the months following because it was such a "mobile battlefield." He said soldiers were so focused on securing cities and establishing bases throughout the country that there was no time to get stressed. "The only stress you had was a lack of sleep," he said.

In 2006, Joshua Moreland, an Army staff sergeant who is serving his second tour in Iraq, said he rarely spoke about the roadside bomb that hit his convoy of Humvees in Samarra that year. He didn't speak to a chaplain, a counselor or even his wife.

His wife didn't find out about the blast until he returned home and she asked about a new badge on his uniform. It was the combat action badge he received for the bombing. Even then, he barely spoke of it. "She wanted me to," Moreland said. "But I didn't want her to worry. I knew I was coming back again."

During a deployment near Baghdad's explosive Sadr City from 2006 to 2007 — the peak years of the sectarian violence — Sgt. Christopher Dunne said his unit was hit by roadside bombs five times. Six soldiers in his unit died. He lost count of the number of firefights they got into.

Yet Dunne, 25, a father of two from Kansas City, Kan., said the option of mental health counseling was never there.

"There were people who were messed up," Dunne said. "A program can be there six, eight years, whatever, but it doesn't matter if nobody knows about it. I know guys in my unit that could've used the programs."

More assessments being done

Now the Army is hoping to get soldiers to open up about those experiences. That's why counselors are spending more time closer to the fighting front. Just as most units have a doctor that they become familiar with, Hurt said they are trying to use the same principle with counselors.

"It's different if you know the guy," Hurt said. "If I sit next to you in the chow line and we chat and you seem like a regular guy, I may be happy to talk to you about all my stuff because you're going to get it."

All troops leaving combat undergo a Post Deployment Health Assessment to screen for signs of depression, PTSD and other mental health problems. Four years ago, the Army added another round of screening after the troops return home. The Post Deployment Health Reassessment is now done three to six months after soldiers return to ensure that they are adjusting to life.

"You've got to figure out what's effective. It's a long, complicated road to figure it out," Hurt said.

The efforts are to eliminate as much stress as possible to minimize suicidal tendencies, he said.

On his second tour, Dunne said things are completely different. He said they are receiving briefings from mental health experts that are catered to their phase of deployment: the first 100 days, the middle of the tour, the last 100 days and adjusting to life back home.

"The briefs have been more often. More targeted," he said.

Matthews now sees the mental health of his soldiers as a critical aspect of his job and as a way to prevent suicides.

"I call it 'getting personal with your personnel,' " Matthews said. "I know who the high-risk soldiers are, and I know who the lower-risk soldiers are. I know which soldiers have a privately owned weapon. I know the soldiers who have motorcycles. I know the soldiers who party hard at night.

"It's not about invasion of privacy. It's about the people."

Roles are winding down

Just as military leaders settle on a systemwide approach to mental health, the security situation on the ground in Iraq has changed the kind of treatment they must give.

When violence peaked in Iraq during 2006 and 2007, it was clear what psychiatrists had to watch for.

"Usually, it was something really horrific, like 'The guy next to me was cut in half by a (bomb)' or 'My truck commander's head was blown off and his severed head hit my head and knocked me out,' " said Navy Capt. Gregory Firman, a Vietnam War veteran who runs a PTSD clinic in Massachusetts and has counseled troops in Iraq.

As the pace of the war has slowed and troops transition into more of a peacekeeping and advisory role to the Iraqis, troops are struggling to downshift.

"I've had guys say 'This is my fourth tour here and I haven't done anything. I haven't shot my weapon once,' " said Maj. Kevin Gormley, commander of the 98th Combat Stress Control unit stationed in Baghdad. "And I say 'That's a good thing, right?' and he goes 'I guess, sir.' "

Pfc. Joe Funderburk said he's tried to settle into life at Camp Liberty. He and his roommate separated their room with their two wall lockers to give a sense of privacy. Funderburk put up pictures of his mother and father. He put up a flag of his alma mater, Alabama. He bought a rug at the military store to make the small room feel homier. He works out, watches DVDs, anything to pass the time.

"But you do get kind of stir crazy," he said.

Navy Lt. Edmund Clark, a psychiatrist at Camp Liberty, said the lack of constant fighting doesn't mean a tranquil state of relaxation, either. Battles are still raging around the northern city of Mosul and other parts of the country and car bombs and mortar attacks still target Americans, if not as frequently.

Clark said the constant threat of the infrequent, random attack is still a heavy burden for any American in Iraq.

He said the slower tempo of the war has led to another surprising complication: too much contact with relatives. Soldiers have more down time and more access to satellite phones and computers — where soldiers can e-mail, instant message or video chat with their families.

Clark said in previous wars, when communication amounted to maybe a letter a month, family problems would usually be resolved without any input, or stress, from the deployed soldier. Now, soldiers are in the middle of any problem back home.

"I've had to encourage commands to keep their soldiers engaged, have them do something, have them stay busy with something," Clark said. "Because having them just sit and instant message with the girlfriend that's cheating on him — that kind of thing is not always helpful."

Tragedy not always traumatic

The Army provides marriage counselors, financial assistance and several other "family readiness" programs to help soldiers straighten out their lives back home. But it's now up to people like Jarrett and his instructors to get their soldiers straight on the battlefield and hope they will help turn more soldiers away from committing suicide.

Venutto, the instructor, explains how a soldier will become traumatized and depressed if that is what they expect to happen following a tragedy. If you expect to suffer, you will.

He urges them instead to listen to the words of Epictetus, a former Greek slave turned stoic philosopher. "It is not the thing itself, but the view we take of it which disturbs us," the quote reads.

During a break in a recent class, Jarrett said the military had no such training when he was in the 82nd Airborne Division in the early 1980s, or during his first tour in Baghdad in 2005.

As he saw the war in Iraq escalating and kept hearing reports of soldiers struggling to cope with the stresses, the 47-year-old corporate coach who was working toward a doctorate returned to the military and started the training course.

To explain its purpose, he points back to his home in Maplewood, N.J., and a weed that was growing outside. He tried to cut it away. He tried weed killers. He doused it in gasoline. But still, it grew.

"Everything I did to it caused it to be stronger," Jarrett said. Completing the analogy, he explained that "soldiers are made stronger by what they go through."

From USAToday

Tuesday, March 24, 2009

Thousands of vets at Miami VA center at risk of HIV infections

Thousands of veterans who underwent certain routine medical procedures at Miami's VA Medical Center since 2004 are at risk of being infected with hepatitis or HIV, The Miami Herald reports.

John Vara, the center's chief of staff, says the risk of infection is low, but that "any risk is unacceptable," the newspaper reports.

It was discovered three weeks ago that some water pumps used during colonoscopies and gastrointestinal procedures were being rinsed but not disinfected, The Herald says. This, Vara says, creates the slight chance that back-flow from the pumps could lead to serious or potentially deadly infections.

The Herald says about 3,260 vets underwent the procedures using this type of pump since May 2004 and that the VA has sent letters to about 2,500 of them, who are still in the area, urging them to get blood tests. The VA is trying to locate the other 700.

The newspaper says patients with concerns may call the Miami VA's call center at 305-575-7256 or 877-577-7256.

The Associated Press reports that last month, more than 6,000 patients at a clinic in Tennessee were told they may have been exposed to infectious body fluids during colonoscopies.

The VA also says 1,800 veterans treated at a clinic in Augusta, Ga., were alerted they could have been exposed to an infection due to improper disinfection of an instrument.

From USAToday

Sunday, March 22, 2009

Soldiers: Army forcing troops to deploy despite health woes

FAIRBANKS, Alaska — When the "Arctic Warriors" Stryker Brigade left for Iraq from nearby Fort Wainwright late last year, commanders told soldiers who were suffering medical problems that they would also go to war.
Spc. Mark Oldham was on a plane to Iraq by Dec. 5 despite being declared unfit because he passes out during training and requires a 30-day heart-monitor exam, his medical records show.

Sgt. Jesse McElroy, a combat veteran who had shoulder surgery in September and could barely move his arm, according to his medical records, was told to deploy or face charges for malingering.

Chief Warrant Officer Adisa "A.J." Aiyetoro, a 19-year veteran who is stricken with active tuberculosis and unable to wear body armor because of back injuries, according to medical and court records, refused to go. "I'm not getting on that plane," he says. His court-martial on charges of disobeying an order and missing a deployment is scheduled for Monday.

"The only reason that I'm being deployed is they want (greater) numbers" of troops in the field, Oldham said before leaving. He is assigned to communications.

At Fort Wainwright, 80 soldiers with health issues were left behind when the 1st Stryker Brigade Combat Team deployed in September, says Lt. Col. Jonathan Allen, an Army spokesman.

Twenty-three were later brought to Iraq to help "maintain (the brigade's) personnel strength" — but only after their health improved, he says. Oldham and McElroy were among those left behind. Oldham was among those later deployed.

Army Col. Ronald Stephens, commander of Bassett Army Community Hospital at Fort Wainwright, says his doctors work well with commanders and follow all fitness guidelines.

Several soldiers caught in the process and willing to speak out tell a different story. They describe a climate where commanders constantly pressure soldiers with health issues to deploy, even when their medical records — which they provided — show physical problems.

In response, a group of soldiers that includes McElroy plans to meet Monday at the Alaska Peace Association center here to gather signatures for a petition to mail to members of Congress. The petition says, "As the shortage of troops has become more and more difficult to overcome, our commanders have become more and more aggressive in deploying soldiers with injuries and illnesses."

"What we're trying to do is just get our stories heard," says Sgt. Stephen Scroggs, who tracks the progress of ailing soldiers left behind for the 1st Battalion, 5th Infantry Regiment. He is part of the rear detachment and is involved in the petition drive. "A lot of soldiers are suffering, I just don't want them to suffer anymore."

Allen says all medical cases were thoroughly vetted and when doctors determined that soldiers met deployment health criteria, they were deployed. Those with persistent issues stayed home, he says.

Aiyetoro began developing chronic, debilitating back pain after an earlier combat deployment. He is an armament maintenance technician with the 25th Brigade Support Battalion.

Medical records show that Army orthopedic surgeon Nick Sexton classified him as non-deployable Aug. 25. Sexton wrote that Aiyetoro is unable to wear his body armor and recommended a medical review that could lead to a medical discharge.

Central Command specifically forbids a solder to deploy if body armor cannot be worn: "In general, individuals should not deploy … (with) conditions which prevent the wear of personal protective equipment, including … body armor."

A revised evaluation issued for Aiyetoro a few days later by another doctor found that he could wear body armor but "only during mission-essential movements."

The Army did not make Sexton available for an interview. Stephens, the hospital commander, declined to discuss Aiyetoro's case despite a waiver Aiyetoro signed allowing Stephens to do so. Stephens said in situation's like Aiyetoro's, it is possible for an initial medical opinion to later be overruled.

Since then, doctors have again changed Aiyetoro's medical status. In February, doctors concluded that Aiyetoro needed further tests on his back to determine the extent of injuries and he needs additional tests to determine whether his tuberculosis is active, according to court records.

Aiyetoro says commanders cared more about filling their ranks than about him getting better when they ordered him to deploy in September. They made him feel like a malingerer for complaining about his back pain, he says, and "they pretty much classified me as a dirt bag."

"They were not intending on getting me better (as much as) getting me on that plane," says Aiyetoro, 36, married and the father of four.

The command offered to allow him to resign. Aiyetoro chose a court-martial instead, the trial is slated for Monday at Fort Richardson, outside Anchorage. "If I walk right now, it's as if I never served in the military," he says, explaining that he would lose benefits if he resigned.

McElroy says he also felt pressured by commanders. A veteran of a previous tour in Iraq, McElroy aggravated a shoulder injury in 2006 when his Stryker vehicle was hit by a roadside bomb.

An initial surgery after his return from combat failed to correct the damage, according to his records, and he underwent another operation last September. His surgeon, Gregory Komenda, wrote in a December report that McElroy "should be considered unable to perform his duties." Military doctors reached the same conclusion with one, Mark Clifford, writing in a January report, "Soldier is unable to perform Infantry tasks."

Yet McElroy's immediate commander continued to tell him he would deploy, first saying the second surgery should be delayed and then saying McElroy would leave for Iraq after a 30-day, post-operative convalescence, McElroy says.

After months of haggling, records show, McElroy was finally slated for a medical review and a possible discharge for health reasons. McElroy says he was accused of malingering and being a "sorry excuse for a non-commissioned officer," because of his health issues.

In December, he says, he was told that if he was not in Iraq, he would be charged with malingering. The charges never came, and at the urging of Army doctors, McElroy was eventually slated for a medical board review that could lead to a medical discharge.

"I signed up … knowing that at some point I would be sent into combat. I have risked my life to defend this country," McElroy says, adding that he feels "belittled, humiliated, threatened, angry, (in) mental shock."

Allen says that soldiers have the right to complain to rear detachment commanders about any mistreatment and that no complaints were made in McElroy's case. "It is the Army's long-standing policy to treat all soldiers with dignity and respect," he says.

From USAToday

Sunday, March 15, 2009

Uniformed Services Former Spouses’ Protection Act (USFSPA)

General Information Facts: This is not a legal brief nor a position. It cannot be used as evidence of intent, interpretation, or precedent in any legal action. This paper is not a legal or judicial interpretation of enacted laws and does not deal with case law. Because of the complexity of the USFSPA, state divorce laws, and personal situations involved, individuals involved in a divorce process are encouraged to obtain legal counsel.

Prior to the 1981 state courts disagreed on whether they were authorized or constrained by federal law in dividing military retired pay in divorce-related property settlements. On 26 June 1981, the U.S. Supreme Court ruled (McCarty vs. McCarty) that military retired pay could not be treated as community property in divorce cases.

The USFSPA (Section 1408, Title 10 USC) established by PL 97-252 (8 September 1982) and amended by PL 98-94 (24 September, 1983); PL 98-525 (27 September 1984); PL 99-145 (8 November 1985); PL 99-661 (14 November 1986); PL 100-180 (4 December 1987); and PL 101-510 (5 November 1990) decrees that state divorce courts, if they chose, may treat military retired pay as community property. The USFSPA does not create a Federal right to any portion of the military retired pay on behalf of the former spouse, but rather recognizes that the states may treat it as such. The USFSPA does not allow the law to confer an entitlement to a portion of retired based solely on length of marriage.

If a court awards a portion of retired pay as property, the former spouse may apply to the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL), Operations Directorate, PO Box 998002, Cleveland, OH 44199-8002 to receive it as a "direct payment". To qualify for direct payment, the USFSPA requires that a former spouse must have been married to the member during at least 10 years of the member's service creditable for retired pay.

Under the USFSPA no more than 50 percent of a member's disposable retired pay will be sent as a direct payment. However, if there are garnishments for alimony or child support, up to 65 percent may be sent as a direct payment.

Depending upon date of court order, disposable pay is generally defined as retired pay to which a member is entitled less amounts:

owed to the United States for previous overpayments of retired pay and for recoupment required by law resulting from entitlement to retired pay.

deducted from the retired pay as a result of forfeitures of retired pay ordered by a court martial or as a result of a waiver of retired pay required by law in order to receive compensation under Title 5 or Title 38.

of the member's retired pay under Chapter 61, Title 10, USC, as computed using the percentage of the member's disability on the date when the member was temporarily or permanently retired, if the court order is dated on or after November 14, 1986.

deducted because of an SBP election.


PL 101-510 stipulates that a court may not treat retired pay as property if the final decree of divorce, dissolution, annulment, or legal separation (including a court-ordered, ratified, or approved property settlement incident to such decree) was (1) issued before 25 June 25 1981, and (2) did not treat (or reserve jurisdiction to treat) any amount of retired pay as property. Judgments issued before 5 November 1990, to amend pre-26 June 1981 divorce settlements, to provide for a division of retired pay as property, may be annulled or modified by PL 101-510 on or after 5 November 1992.

When more than one former spouse has been awarded a division of a member's retired pay, payment will be handled on a first-come, first-served basis. When conflicting court orders exist, DFAS-CL will send the amount specified in the lower of the two conflicting orders (not to exceed 50% of disposable pay), and retain the difference until the matter is resolved.

The USFSPA does not allow a state court to order a member to apply for or to specify a date of retirement.

Unless court ordered, remarriage of a former spouse will not stop the direct payment of retired pay as property.

For court orders finalized on or after February 3, 1991, payment of retired pay as property is taxable. DFAS-CL will send an IRS Form 1099R to the former spouse.

If a member remains on active duty following divorce, the former spouse should send a copy of the divorce decree or property settlement to DFAS-CL. If SBP is awarded, DFAS-CL must be notified within one year of the final decree or property settlement date. If the court order meets the criteria of the law, it will be retained until the member retires. The former spouse must inform DFAS-CL of changes in address or marital status.

Prior to PL 99-661 members could voluntarily elect SBP coverage for a former spouse under the Insurable Interest category.

For divorces finalized on or after November 14, 1986, PL 99-661 permits state courts to order SBP coverage.

If a member voluntarily elects SBP coverage for a former spouse and that agreement has been ratified or approved by a court order, or, if the member has been ordered to elect SBP coverage for a former spouse, the retired member must make that election within one year of the date of the divorce. A former spouse, within one year of the date of divorce may submit to DFAS-CL a request that a "deemed" SBP election be established. If neither the retiree nor the former spouse requests former spouse SBP coverage within one year of date of divorce, former spouse coverage will not be established.

A retired member can not voluntarily elect nor can a court order former spouse SBP coverage if the retired member had not elected SBP spouse coverage at time of retirement.

SBP coverage for a former spouse will be no more than the amount of SBP coverage for the spouse.

A former spouse who remarries before age 55 loses SBP eligibility; however, if the marriage ends in death, divorce, or annulment, eligibility is reinstated. A former spouse who remarries after age 55 does not lose eligibility.

Former spouse SBP coverage is generally irrevocable. However, if a retired member remarries a change from former spouse to spouse coverage, may be made with the former spouses written consent. Such a request for change must be submitted to DFAS-CL within one year of the date of remarriage. If the former spouse SBP coverage was ratified or approved by a court order, the court order must be amended within one year.

Military ID cards cannot be ordered or decreed by a divorce court. Questions concerning eligibility should be directed to the nearest military ID card issuing facility. Generally former spouses are eligible if:

The marriage lasted 20 years or more, and

The member served 20 years or more of service creditable for retired pay, and

The marriage and the creditable service overlap 20 or more years. (In some cases, restricted benefits are authorized if the overlap is less than 20 but greater than 15)

For additional information on the USFSPA, contact the nearest military legal assistance office.

Source for entry: http://www.armyg1.army.mil/Rso/abt.asp

Thursday, March 12, 2009

Important information about the Army Ten-Miler, 4 Oct 09, Pentagon, Washington DC

Registration. Registration for the Army Ten-Miler starts on 1 Apr 09 and, following the same pattern of the past few years, is expected to sell out within 30 days. Runner field is limited to 30,000.

Running teams. Those who plan to register teams (even if individual runner names are unknown), should register teams anyway. Team captains can always go back and fill in specific names at a later allowed time. Military teams can pre-pay for 4 to 8 team entries and take up to 14 Aug 09 to determine and register their runners.

Pasta dinner. Get your tickets early for the pasta dinner! For those teams or individual runners interested, the 2008 dinner sold out in just under 20 days.

Fees. ATM fees are the following: $47 (per individual entry), $35 for team entries. Entry transfer is $20, registration opens 15 May and closes 14 Aug.

Locations. The Runners Expo will be held at the DC Armory while hotel rooms and the Pasta Dinner remain at the Crystal City Gateway Marriott in Arlington, VA.

Media coverage. The Army Ten-Miler Office is looking for compelling stories of Army Reserve Soldiers and Families who are engaging this event in distinct and unique ways. Submissions for coverage may be directed to Ms. Nancy Brandon, nancy.brandon@jfhqncr.northcom.mil, (202) 685-4820.

POCs. The following individuals can be contacted for further information: Mr. Joe Castro, joseph.castro@jfhqncr.northcom.mil, (202) 685-3361 or LTC Kris Carle, kristen.carle@us.army.mil, (703) 601-0864.

Wednesday, March 11, 2009

What happens and what you should do if you become a Prisoner of War


I have never been officially declared a Prisoner of War or POW but I have been detained against my will. Being a prisoner of war must certainly be one of the most terrifying conditions a service member must face. Most POWs are mistreated and certainly (in most cases) not treated as well as POW's held by the United States. As a POW, expect to be held in conditions that are trying both mentally and physically. You may be confined and restrained to a very small area and have your movements strictly controlled. You should also understand that even as a POW, you have a Code of Conduct that must be followed.

The Code of Conduct is the legal guide for the behavior of military members who are captured by hostile forces. The code itself is broken down into six Articles that address various situations that may arise. The military Code of Conduct is as follows:

Article I
I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.

Article II
I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.

Article III
If I am captured I will continue to resist by all means available. I will make every effort to escape and to aid others to escape. I will accept neither parole nor special favors from the enemy.

Article IV
If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.

Article V
When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.

Article VI
I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.

As a POW, you may become sad, depressed and even suffer from anxiety attacks, you must always keep your wits about you! You are confined and possibly even separated from your other prisoners, you may never know what the future holds. Always know there are people and forces out there that are trying to reach you and set you free.

If you find yourself a Prisoner of War the following are some things that have helped me through my ordeal as a detainee.

1. Start a routine or an activity to keep your mind off your current condition and circumstance.
2. Exercise. Even in a confined environment, you can do activities to stay in shape.
3. To the extent possible eat as best as you can, there are actually certain foods that have stress lower properties. According do some nutrition experts, foods that help fight anxiety are:
a. Berries, any berries
b. Guacamole
c. Mixed nuts
d. Oranges
e. Asparagus
f. Chai tea
Understand as a POW you will only be able to eat what is offered, but at least now you have and idea of some good food choices.
4. Get as much fresh air as possible. Every opportunity you have should be a chance to take in some fresh air. When I was a detainee, I suffered an anxiety attack like non other I had surfered before. What helped me was taking in as much fresh air as possible.
5. If there are other POW's at your facility it may be helpful to build relationships . The company of others is a good thing during stressful times. When I was a detainee, I along with another detainee, shared a small space his name was Anthony Wright and he was from Chicago. While we had extremely different backgrounds, we both did a lot to keep each other's spirits up. We would tell each other jokes and share the limited supplies our detainers provided us. Anthony Wright helped me survive my ordeal as a detainee and for that, I am eternally grateful.

Lastly, you should never give up hope. You should pray to whatever power gives you strength as well as spiritual renewal. The power of prayer is real and should not be taken lightly or for granted. Remember your training. Remember you are not alone. Remember they may have your body but never your mind! Remember that your family, friends and country love you and will never forget you. Keep the faith. Pray and most of all, always remember that God will be with you...always!

Monday, March 2, 2009

A Soldier's Story


I have often been asked to explain what is the most difficult part about being stationed in a combat and war zone. Is it the possibility of being killed? No. Is it the threats from enemies near and far? No. Is it the horrid drivers? No. Then it must be the numerous times I have traveled throughout the Iraq War Theater of operations? No.

The most difficult and challenging thing for me to deal with is being away from my family and in particular my children. When I was deployed in July 2006 to go to Iraq, (though I ended up in Kuwait), my son was 9 months old and my daughter was 4 years old. Upon my return home later this year, my son will be nearly 3 years old and my daughter will be 6 years old.

I missed a great deal of their early life as a result of my deployment. During the time I was deployed my son learned to walk, got his first hair cut, (though I took him to get his 1st “professional” hair cut when I returned home during one of my two R&R vacations.) My daughter lost her first tooth. However, the greatest disappointment was the fact I missed my daughter’s entire year of Kindergarten.

Kindergarten is the time in a child’s life when they learn a great deal about life. There have even been books written about the importance of Kindergarten on a person's life. One such book is entitled "All I Ever Really Needed to Know I Learned in Kindergarten"

Without sounding biased and proud, I have the smartest children in the world. Marissa without a doubt is a very bright little girl. I have often said she is 5 going on 26. She was reading at the age of 4. Most of all she is the epitome of a “Daddy’s Girl”. If you do not believe me, stop what you are doing, go to Webster’s Dictionary and look up the definition of “Daddy’s Girl”. There amongst the words you will see a photo of Marissa looking back at you smiling.

Recently Marissa graduated from Kindergarten. Because of my deployment, I was unable to attend. However, I learned something very profound about my daughter. During the graduation ceremony or should I say “Celebration” the children received a DVD of their experiences in kindergarten as well as a year book.

Inside of the yearbook the teacher asked each of the students a question. The teacher asked the students to finish the following sentence; If I were a snowflake I would...

Of curse all the students answered the question with all sorts of amusing responses. When I was informed how Marissa answered, it brought a tear to my eye and a tremendous sense of pride to my soul. My 5 year old daughter stated in response the following;

"If I were a Snowflake I would travel to the Army so I could be with my Dad!"

Well needless to say she will always be my little Snowflake in the desert. Even if the temperatures can and often do reach temperatures of 140 degrees or more in the summertime :o)