Notice of Nonendorsement of Speakers Positions The perspectives in - - PowerPoint PPT Presentation
Notice of Nonendorsement of Speakers Positions The perspectives in This presentation are based on my research and personal experience and neither my participation in this event nor my personal views represent an endorsement by the
The perspectives in This presentation are based on my research and personal experience and neither my participation in this event nor my personal views represent an endorsement by the Department of Defense (or the Army) nor its official position.
Why
FM 8-51 (1994) FM-22-51 (1994) FM 8-55 (1994)
Planning for Health Service Support Leaders’ ManuaL for Combat Stress Control
Jacobson, Sid and Ernie Colón (2009). Coming Home: What to Expect, How to Deal When you Return from Combat. Arlington, VA: Ceridian Corporation, Military One Source.
Munetz, Mark R. and Patricia A. Griffin (2006). Use of the Sequential Intercept Model as an Approach to Decriminalization of People with Serious Mental Illness. Psychiatric Services. 57(4): 544-549.
166+ VTC Programs, 32+ States, Close to Active Installations, Lessons from 2147+ Drug and 250+ Mental Health Treatment Courts
Figure: Army Times, Feb. 21, 2011, “Finding a New Normal”
Depicted to the left is a group including Buffalo Veterans’ Treatment Court Judge Robert Russell, Jr., and Erie County Sheriff Timothy B. Howard, posing at the unveiling of the County Jail’s new Veterans’ Dormitory in 2013 By December of 2013, my research identified a total of 17 different specialized housing programs devoted to incarcerated veterans in 14 states. Depicted to the left is Kennebeck County, Maine, Sheriff Randall Liberty, who established a Veterans’ Cellblock to address Detainees’ treatment and readjustment needs based on his own PTSD symptoms after deployment as a Sergeant Major in the Army Reserve.
San Diego Vista DC (CA) Muscogee County Jail (GA) Indian Creek CI (VA) Mark W. Stiles Unit (TX)
“Purpose-Driven Incarceration” as the Counterpart to Problem-Solving Veterans’ Courts
Distinctive Inmate Polo Shirts to Reveal the Veterans’ Years of Service, Leadership, and Activities in Service to the Community at the Roxbury Prison in Hagerstown, Maryland.
1988 Memorial Built by I.V.O.R. Inmates with 4,200 Donated Bricks
Juvenile and family courts represent a vehicle for identifying and responding to the special needs of military families. Targeted interventions can prevent transmission of combat trauma, societal consequences, and later involvement in criminal courts.
2004-2013 Courts-Martial down 50% Nonjudicial Punishment down 25% Bad-Conduct Discharges down 60%
May May 22, 2014 22, 2014
DoD Benefits
Payments for Unused Accrued leave 37 U.S.C. § 501 Right to Wear the Uniform 32 C.F.R. § 53.2 Armed Forces Retirement Home 24 U.S.C. § 412 Pre-Separation Counseling 10 U.S.C. § 1142; DoDI 1332.36 Member and Dependent Travel and HHG 37 U.S.C. §§ 406, 474; JFTR Death Gratuity 10 U.S.C. § 1475 DoD Military Funeral Honors 10 U.S.C. § 1491; DoDI 1300.15 Retired Pay for Non-Regular Service 10 U.S.C. § 12740 Remission of Indebtedness 10 U.S.C. § 4837; DoDFMR, Section 683 Education Benefit Transferability 30 U.S.C. § 3020 Post-service Maternity Care 32 C.F.R. § 728.71 Transitional Housing 10 U.S.C. § 1147 Transitional Assistance Management Program (TRICARE) 10 U.S.C. § 1145 Continued Health Care Benefit Program 32 C.F.R. §199.20 Excess Leave/Permissive TDY 10 U.S.C. § 1149 (
VA BENEFITS:
VA Benefits
See generally 38 U.S.C. §§ 101(2) and 5303(a); 38 C.F.R. § 3.12 Service-Connected Disability Compensation 38 U.S.C. § 1110 Dependency and Indemnity Compensation 38 U.S.C. §§ 1310, 1318 Survivors’ and Dependents’ Educational Assistance 38 U.S.C. § 3501 Vocational Rehabilitation 38 U.S.C. § 3102 Automobile Allowance 38 U.S.C. § 3902 Clothing Allowance 38 U.S.C. § 1162 Service-Disabled Veterans Life Insurance 38 U.S.C. § 1922 Specially Adapted Housing Grants 38 U.S.C. § 2101 Veterans Mortgage Life Insurance 38 U.S.C. § 2106 Home Loan Guaranty 38 U.S.C. § 3702 Veterans Group Life Insurance (VGLI) 38 U.S.C. § 1977 Health Care* 38 C.F.R. §§ 3.360, 17.47 Non-Service Connected Disability Pension 38 U.S.C. § 1521 Veterans Retraining Assistance Program 38 U.S.C. § 4100; P.L. 112-56 Educational and Vocational Counseling 38 U.S.C. § 3697A Burial in VA National Cemeteries 38 U.S.C. § 2301 et. seq. Post 9/11 GI Bill 38 U.S.C. § 3311 Montgomery GI Bill 38 U.S.C. § 3011
Selected Authorities for Most Popular Benefits Available for Former Servicemembers Based on Character of Service
Other Benefits
Naturalization through Armed Forces Service 8 U.S.C. § 1440 Civil Service Retirement Credit 5 U.S.C. § 8331; CSRS and FERS Handbook, Ch. 22 Federal Civil Service Hiring Preference 5 U.S.C. § 2108 Post-secondary Education Readmission 20 U.S.C. § 1091c Troops to Teachers 20 U.S.C. § 6673 Department of Education Upward Bound 20 U.S.C. § 1070a-13; 34 C.F.R. § 645.6 Rural Housing Loan preference 42 U.S.C. § 1477 Unemployment Compensation for Ex-Servicemembers 5 U.S.C. § 8521; ET Handbook No. 384 DOL Priority of Service Employment and Training 38 U.S.C. § 4215; 20 C.F.R. § 1010.110 USERRA Reemployment Rights 38 U.S.C. § 4304 Patriot Express Small Business Loans 15 U.S.C. § 636(a); 13 C.F.R. 120.3; 72 FR 34501
In 1966, President Johnson implemented a Department of Labor program called the Certificate of Exemplary Rehabilitation. Upon signing the bill on October 16th, he noted how it “offers new hope to persons discharged from the Armed Forces under conditions other than honorable”:
This new law recognizes a basic principle of American justice: A Man who has acknowledged his past mistakes and overcome his weaknesses, deserves a chance to overcome his past failures. . . . The underlying principle of this measure is both simple and important: It recognizes the fallibility of man—and also his capacity for rehabilitation.
Johnson, Lyndon B. (1966, October 16). Statement by the President Upon Signing Bill Authorizing Exemplary Rehabilitation Certificates for Certain Persons Discharged from the Armed Forces.
Personal and anecdotal stories.
REGULATORY BARS TO VA BENEFITS 38 C.F.R. 3.12(d)
1. Discharge to evade trial by GCM; 2. Mutiny or spying; 3. Moral turpitude; 4. Willful and persistent misconduct; 5. Homosexual acts involving aggravating circumstances or affecting duty.
STATUTORY BARS TO VA BENEFITS
38 U.S.C. 5103(a) AND 38 C.F.R. 3.12(c)
who refused to perform duty, wear uniform, or comply with authority;
4.Officer resignation for good of service; 5.Discharged as alien during hostilities;
determines compelling circumstances.
BAD CONDUCT DISCHARGE (GCM)
Pre-Separation Counseling Member Travel Home and OCONUS HHG Dependent Travel Home and HHG (w/ approval) Department of Education Upward Bound
DISHONORABLE DISCHARGE
Preseparation Counseling Member Travel Home and OCONUS HHG Dependent Travel and HHG (w/ approval)
NO VA BENEFITS
(except for VGLI) OTH and BCD (SCM):
Is discharge considered dishonorable based on a bar to VA benefits?
BENEFITS FOR A DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS
(Entitled to VGLI; Other VA Benefits Eligibility to be Adjudicated by VA) Pre-Separation Counseling Member Travel Home and OCONUS HHG Dependent Travel and HHG (w/ approval) Retired Pay for Non-Regular Service Department of Education Upward Bound Higher Education Readmission
BENEFITS FOR A BAD CONDUCT DISCHARGE (SCM)
(Entitled to VGLI; Other VA Benefits Eligibility to be Adjudicated by VA) Pre-Separation Counseling Member Travel Home and OCONUS HHG Dependent Travel and HHG (w/ approval) Department of Education Upward Bound
BENEFITS FOR A DISCHARGE UNDER HONORABLE CONDITIONS (GENERAL DISCHARGE)
DoD Benefits:
Payments for Unused Accrued Leave Right to Wear the Uniform Armed Forces Retirement Home Pre-Separation Counseling Dependent Travel and Household Goods Shipment (HHG) Member Travel Home and HHG Death Gratuity DoD Military Funeral Honors Retired Pay for Non-Regular service Remission of Indebtedness Post-service Maternity Care Transitional Housing Transitional Assistance Management Program (TRICARE) Continued Health Care Benefit Program Excess Leave/Permissive TDY
Non-DoD Benefits:
Naturalization through Armed Forces Service Civil Service Retirement Credit Federal Civil Service Hiring Preference Post-secondary Education Readmission Department of Education Upward Bound Rural Housing Loan preference Unemployment Compensation for Ex-Servicemembers DOL Priority of Service employment and training USERRA Reemployment Rights Patriot Express Small Business Loans
VA Benefits:
(
OTHER THAN HONORABLE OR BCD (SCM) SERVICE ADJUDICATED AS “OTHER THAN DISHONORABLE” OR AN HONORABLE OR GENERAL DISCHARGE VA BENEFITS:
Service-Connected Disability Compensation Dependency and Indemnity Compensation Survivors’ and Dependents’ Educational Assistance Vocational Rehabilitation Automobile Allowance Clothing Allowance Service-Disabled Veterans Life Insurance Specially Adapted Housing Grants Veterans Mortgage Life Insurance Home Loan Guaranty Veterans Group Life Insurance (VGLI) Non-Service Connected Disability Pension Veterans Retraining Assistance Program Educational and Vocational Counseling Burial in VA National Cemeteries Health Care* (*Also entitled to limited care with a § 3.12(d) benefits bar; No health care is authorized following any BCD)
Non-VA Benefits:
DoD Death Gratuity Patriot Express Small Business Loans Rural Housing Loan Preference DOL Priority of Service for Employment and Training
HONORABLE DISCHARGE ONLY: ALL BENEFITS LISTED ELSEWHERE, PLUS:
Education Benefits Transfer (DoD) Montgomery GI Bill (VA) Post-9/11 GI Bill (VA) Troops to Teachers (Non-VA)
Most Popular Benefits Available for Former Servicemembers Based on Character of Service*
*Minimum active service requirements may apply.
Statutory Bar to Benefits? Discharged Pursuant to Approved Punitive Discharge? Not Precluded From Receipt of VA Health Care Benefits for Service- Connected Disabilities6
See other applicable charts for a determination of Non-Health Care VA Benefits
Statutory Bar Citations 38 U.S.C. § 5303(a) 38 C.F.R. § 3.12(c) 38 C.F.R. § 3.360
Ineligible for VA Health Care Benefits for disabilities connected solely to a period of dishonorable service5
Punitive Discharge Citations P.L. 95-126 (1977) 38 C.F.R. § 3.360
YES NO
1. For purposes of this chart, the term “disability” includes any condition that may entitle a SM to VA Health Care Benefits, to include any wounds, illnesses, and injuries. 2. Service-connection is loosely synonymous with “in the line of duty.” 3. For more information on MST, see http://www.mentalhealth.va.gov/msthome.asp. 4. See 38 C.F.R. § 3.354(a) for the definition of insanity for VA benefits purposes. 5. The term “period of dishonorable service” is pursuant to the definition in 38 U.S.C. § 101 and applicable VA Rules and Regulations. It is not synonymous with a Dishonorable Discharge adjudged at a general court-martial. 6. The SM may also be eligible for other benefits earned because of a prior period of honorable service. For any benefit, a former servicemember must also meet all other non characterization-based eligibility requirements. MST victims otherwise ineligible for VA Health Care are likely eligible for health care for all physical and mental health conditions related to their MST experiences. Those convicted of violating Articles 94 and 104, UCMJ, are likely ineligible for VA Health Care. 7. Many veterans may qualify for VA Health Care Benefits for all disabilities, regardless of service connection. See VA guidance for additional information.
NO YES
Regulatory Bar to Benefits?
Does the SM have any disabilities?1
YES
Some disabilities will manifest following separation from the
situations, VA provides Health Care Benefits for nonservice- connected disabilities. Accordingly, commands should still consider how their proposed courses of action would impact future access to VA Health Care.
Are the disabilities service-connected?2
NO YES NO YES
Was the disability incurred or aggravated in the line of duty during a prior period of honorable active service?
YES NO NO
No Bars to Benefits Not Precluded from VA Benefits, to include VA Health Care Benefits6, 7
Is the disability related to Military Sexual Trauma (MST)?3 Was the servicemember insane at the time of the acts resulting in discharge?4 NO YES
Exceptions Allowing Benefit Eligibility Discharge Type & Circumstances Disqualification from VA Benefits DD
BCD or DD from a General Court-Martial OTH in Lieu of General Court-Martial OTH in Lieu of Special Court-Martial
OTH for AWOL over 180 Days or Desertion
Other BCD from Special Court-Martial or OTH INSANITY INS INSANITY ANITY INS INSANITY ANITY
AUTOMATIC AUTOMATIC AUTOMATIC AUTOMATIC
DISC DISCRETIO RETIONAR ARY
Offenses Involving “Moral Turpitude” Under 38 C.F.R. § 3.12(d)(3) Conviction of civilian felony offenses creates a rebuttable presumption of moral turpitude. Civilian or military fraud offenses. Military offenses, including deceit, larceny, wrongful appropriation, the making of a false statement, making and uttering bad checks, forgery, and maiming. Conviction of military offenses for which a DD or confinement at hard labor for more than one year is authorized creates a rebuttable presumption of moral turpitude. “Willful and Persistent Misconduct” Under 38 C.F.R. § 3.12(d)(4) The misconduct must amount to more than a minor offense, which includes offenses punishable by less than a DD and confinement in excess of a year, if conduct was otherwise honest, faithful, and meritorious. Offenses with specific intent, knowledge, or wanton and reckless disregard elements. Must additionally be “persistent,” in that the offense meaningfully interferes with or precludes the ability to perform military duties, such as an AWOL lasting 30 or more days.
INSA NSANI NITY TY, COMP
COMPELLING ING CIR CIRCUMS CUMSTANCE ANCES
INSA NSANI NITY TY, SE
SERVIC ICE- CONNEC ECTE TED DIS ISABILI ILITY TY Except for the persistent offense of AWOL, normally, misconduct must include multiple offenses.
INSA NSANI NITY TY, SE
SERVIC ICE-
ECTE TED DIS ISABILI ILITY TY
ANY NY BCD BARS HEA HEALTH TH CARE E BEN ENEF EFITS TS
VISUAL TOOL TO NAVIGATE THE APPLICATION OF STATUTORY AND REGULATORY BARS TO VA BENEFITS
Comparison of Vietnam and GWOT Era Courts-Martial and Punitive Discharges
Vietnam Era*
(July 1, 1964 to June 30, 1974)
GWOT Era¥
(Oct. 1, 2001 to Sept. 30, 2011) Courts-Martial Charges/Cases Tried Bad-Conduct Discharges Dishonorable Discharges Active Force Troops
* LAWRENCE BASKIR & WILLIAM STRAUSS, CHANCE AND CIRCUMSTANCE 155 fig.6 (1978).
¥ U.S. CT. OF APPEALS FOR THE ARMED FORCES, ANNUAL REPORTS OF THE COMMITTEE ON MILITARY JUSTICE app. (FY 2001─2011).
Living Medal of Honor recipients, like Vietnam Special Forces Veteran Roger Donlon, who have braved the most extreme combat situations, recognize the risks of the failure to obtain treatment:
Military Wives’ Experiences Military Husbands’ Experiences Realities Facing Single Military Parents Injured Military Parents Blended Military Families Recently Retired Military Spouse Parent Facing Military Discipline Parent with Combat Trauma
Duty Descriptions Rank Responsibilities Realities of Military Life Combat vs. Service Support
Retirement Pension After 20 Years
Staples of Military Culture
Rank and Responsibility Military Career Cycle Deployment Cycle Junior Enlisted Wives Military Children’s Experiences
Vietnam OIF/OEF
Risk of divorce rises in relation to length of time deployed to combat zones. Physical Injury from combat increases the likelihood of divorce. PTSD, TBI, and Depression each independently increase the likelihood of divorce. Younger age of spouses increases the likelihood of divorce. Those with 12 months’ deployment post-9/11 were 3 times more likely to divorce within 3 years than pre-9/11 deployed families. Hostile deployments increase risk of divorce compared with non-hostile deployments.
Vietnam Veterans had a higher divorce rate than the general population.
38% of Vietnam Veteran
marriages broke up within 6 months of redeployment back.
69% of Vietnam Veterans with
PTSD divorced.
24% of the 69%, above, divorced
Location Zip Code Number of Personnel State Rank for Total Military Affiliates
Oceanside, CA
92054
98,226
1st in the Nation based on total military affiliates.
Honolulu, HI
96818
54,856
Hawaii is not ranked among the top 12.
Clarksville, TN
37042
53,956
Tennessee is not ranked among the top 12.
Gouse Creek, SC
29445
48,628
South Carolina is not ranked among the top 12.
Fayetteville, NC
28314
47,879
7th in the Nation based on total military affiliates.
Norfolk, VA
23503
46,859
6th in the Nation based on total military affiliates.
San Antonio, TX
78227
46,688
Texas is not ranked among the top 12.
Hinesville, GA
31313
35,885
8th in the Nation based on total military affiliates.
Groton, CT
06340
31,679
Connecticut is not ranked among the top 12.
Bellevue, NB
68123
25,258
Nebraska is not ranked among the top 12.
Fort Campbell, KY
42223
21,539
Kentucky is not ranked among the top 12.
Tacoma, WA
98433
19,645
11th in the Nation based on total military affiliates.