We'll Leave the Admiration of the Problem to Others, We Actually Help Soldiers

Colorado Springs, CO -- (ReleaseWire) -- 07/20/2016 -- For years now we've been out here doing the work no one else is doing.

In March, 2014 Rebecca Izzo published an article entitled In Need of Correction: How the Army Board for Correction of Military Records Is Failing Veterans with PTSD In the Yale Journal of Law. In the article the author noted that 560,000 Vietnam veterans had been separated from service under less than Honorable conditions. Of these, 260,000 had been separated with an Other-than-Honorable (OTH) or Undesirable (UD) Discharge. The article went on to note that in a significant number of these cases Post-Traumatic Stress Disorder (PTSD) played a role in the reasons for separation from service. Furthermore, these men and women have spent decades with little chance of ever improving their lives: Stripped of access to compensation, healthcare and other needed services these veterans have often lived their lives in poverty and humiliation. They are not even technically acknowledged as veterans. The article further notes that the chances of obtaining a discharge upgrade for these veterans have been negligible.

In September of 2014 Secretary of Defense (SECDEF) Chuck Hagel issued a Memorandum directing the Boards of Correction for each Branch of Service to grant liberal consideration to those veterans who could document combat-related PTSD and establish a connection between their diagnosis and separation from military service.

Memorandum for Secretaries of Military Departments, Supplemental Guidance

In September, 2015, the Yale Veterans Law Clinic, working in collaboration with the Vietnam Veterans of America (VVA) and the National Veterans Council for Legal Redress (NVCLR) followed up by tracking the rates of success for discharge upgrade petitions in the year after the issuance of the Hagel Memo. Unfinished Business: correcting "Bad Paper" for veterans with PTSD-The Defense Departnebt's Adjudication of Dischargge Upgrade Applications One Year The key findings were as follows;

- The overall grant rate for all veterans applying for PTSD-based discharge upgrades at the Army Board for the Correction of Military Records (ABCMR) has risen more than twelve-fold from 3.7% in 2013 to 45%.

- The grant rate for Vietnam veterans applying for PTSD-based discharge upgrades at the ABCMR has increased more than ten-fold from 5.6% in 2013 to 59%.

- Vietnam veterans are the most numerous applicants (67%) and have a higher grant rate at the ABCMR (59%) than veterans of other conflicts.

- The ABCMR granted 67% of applications by a veteran with a PTSD diagnosis (74/110) and 0% of applications by a veteran claiming to suffer PTSD but without medical records establishing that diagnosis (0/54).

- Total PTSD upgrade decisions across the military's record correction boards have increased from approximately 39 per year to approximately five times that number.

- Tens of thousands of eligible veterans appear not to have submitted applications.

- DOD has conducted little or no meaningful public outreach, a finding consistent with the low numbers of new applications when compared to the number of eligible veterans.

- Of upgrades awarded by the ABCMR, 97% have been to General Under Honorable Conditions (72/74) and 3% have been to Honorable (2/74)

The Department of Defense, it was noted, had engaged in little to no meaningful public outreach, to inform the hundreds of thousands of veterans who had received "bad paper" discharges that they should petition for discharge upgrades if there separation had something to do with combat psychological trauma. The fact that less than 300 veterans, across all branches of service, had come forth with petitions for upgrades was reflective of the lack of effort on the part of DOD.

In March of 2016, Harvard Law's Veterans Clinic teamed up with Swords to Plowshares and the National Veterans Legal Services Project (NVLSP) on another report of import, Underserved: How the VA Wrongfully Excludes Veterans with Bad Paper. Among the key findings of this report;

-Marines are nearly ten times more likely to be excluded from VA services than their counterparts in the Air Force

-Current era service members are excluded at higher rates than other eras-- more than twice the rate for Vietnam Era veterans and nearly four times the rate for World War II Era veterans

-Mental health and combat have little effect on eligibility

-3 out of 4 veterans with bad-paper discharges who served in combat and who have Post-Traumatic Stress Disorder are denied eligibility by the Board of Veterans' Appeals

The article also noted that over 125,000 post 9-11 veterans had received so-called "bad paper" discharges and were ineligible for many needed services and benefits. The average processing time for a Characterization of Service Determination from the VA was three years, five on appeal.

Other recent reports of importance would include the 2013 report from the Center for a New American Security (CNAS) entitled, Needs Assessment Veterans in the Western United States This assessment involved the identification of the most important needs and barriers among veterans in 12 western States. Discharge status fell in the top tier of three identified need categories. A wide range of reports from the realms of justice and homelessness further noted the disproportionate representation of veterans with bad paper discharges in these service categories. In the realm of justice over the past several decades, veterans in prison and jail who had bad paper discharges comprised between one quarter and one third of all incarcerated veterans--and yet, as Underserved noted, more than one third of Veterans Treatment Courts refuse admission to veterans with less than an honorable discharge.

Now, discharging soldiers from military service, perhaps improperly, due to psychiatric reasons is an old issue. Twenty years ago Congresswoman Maxine Waters went after this set of problems Heal the 'Bad Paper' Veterans. Senators Blumenthal and Filner held multiple hearings on this range of issues. The Vietnam Veterans of America (VVA) have been dealing with it for decades. During WWII hundreds of thousands of soldiers were separated from service due to psychiatric diagnoses. The Army's Office of Medical History provides an in-depth break-down of these numbers, included those separated under less than honorable conditions, US Army Office of Medical History during the course of World War II. This is not a new issue, though the numbers from Vietnam forward have reached unprecedented heights.

The public, including the media, very much misunderstand this range of issues. All of the aforementioned efforts focus on the discharge status problem from the back end, after less than honorable discharges have been meted out by the military. USJAG remains a unique organization on the landscape. The organization is a front-end organization: We try to prevent improper separations at the front-end. We do this by providing investigative and advocacy services for soldiers facing separation.

Similar to those in the general population, the chances of obtaining a favorable outcome is largely predicated upon financial wherewithal. What does that mean? Well, if you're an active duty member of the Armed Forces and you get in trouble you are faced with the same dilemma as many civilians: If you can afford to plop down 10-20,000 dollars for a retainer to secure good legal representation you have a chance. If not you will get a public defender and probably end up with a conviction and a parallel discharge from service under less than honorable conditions. Sure, there are private attorneys who will represent you, if you can afford to retain them. Now, name a non-profit that provides the same sort of advocacy for service members aside from USJAG.

Ready, Set, Go! We're waiting.

Many organizations are tackling this set of problems, but they all work at the back-end---after separation has occurred.

Appended to this release are the photos of a number of the soldiers with whom we have worked and links to their stories. We invite people to read those stories, look at the problem through a bigger lens. We are still out here, doing the same thing we have been doing for years.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

USJAG: We Do More Than Hand-Out Cards and Tee-Shirts

Colorado Springs, CO -- (ReleaseWire) -- 06/06/2016 -- Non-Profits and Partnerships

As is the case with many newer and smaller non-profit organizations, the Uniformed Services Justice & Advocacy Group (USJAG) has faced many challenges. For start-up veterans organizations the barriers to success are much higher than they are for non-profit organizations in other realms of social justice advocacy. First of all, there have been Chartered veterans service organizations listed as 501 (c) 3 entities since the First World War. There are 47 Congressionally-Chartered Veterans Service Organizations and a large number of Military and Veterans Associations. A wide variety of newer non-profit organizations have appeared in the wake of the Global War on Terror (GWOT). The most successful of these organizations were founded and subsequently run by former military officers and they began with substantial financial backing. For former enlisted personnel dealing with readjustment or reintegration-related issues and competing for funding, recognition and building organizational infrastructure the hurdles are numerous and the barriers are substantial. If you are a start-up organization dealing with a specific set of issues that might be deemed in any way controversial the difficulties multiply exponentially. USJAG is a unique organization dealing with controversial and misunderstood issues.

"You're Doing Great Work, Thanks!"

USJAG faces a familiar dynamic for many who have worked in a smaller non-profit over the years: The organization deals with a specific issue-set that has not been well-understood by the general public or even those working in veterans and military affairs. Specifically, how do we help prevent the improper separation from military service for tens of thousands of soldiers who have served in our military during the course of the Global War on Terror (GWOT). Let's examine the magnitude of the problem in the US Army during the period 2004-2011:

You may down-load the Excel spread-sheet with referenced data from USJAG's web-site, here:

Separations from service by discharge category 2004-2011

Or, you may access the document attached to this Press Release

Let those numbers and what they mean sink in for a bit. It is not, as many in military circles would have it, a case of a "few bad apples". On the contrary, we are talking about hundreds of thousands of soldiers who enlisted in the Army alone during the course of seven year's time! These soldiers become veterans–and they are not even recognized as such in a wide range of contexts, including the following by many Veterans Service Organizations (VSOs) and the Veterans Administration (VA). Not only are many of them ineligible for disability compensation–where warranted–or healthcare services, they are also disproportionately represented among veterans in prison and jail, among the homeless and in the contexts of divorce and suicide. Furthermore, they face nearly insurmountable barriers to employment. Despite a copious body of research on all of this within specific sub-populations by issue are, we pretend they don't exist.

The Uniformed Services Justice & Advocacy Group (USJAG) takes a bite out of part of this enormous apple: The organization, in the main, serves those soldiers facing improper separation from service in those cases where active duty personnel have served in combat and their diagnosed Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) or other combat-related mental or physical injuries have provided the impetus for interaction with civilian and military justice systems. A "few bad apples", really? Most of the soldiers we have served have served multiple combat tours–as many as 12. Many were decorated for their service and many served in special operations units such as Rangers, Special Forces and the 101st Airborne Division. These men and women are not bad apples, they are broken heroes who fought long and hard and were kicked to the curb when they finally broke. For a cross-section of those we serve, merely read the stories in our News section and decide for yourselves.

Maligned by many, misunderstood by most, USJAG has done what no other organization has done–it has served hundreds of wounded warriors and their families when no one else would and the organization has done so on its own dime and own time. You think there are other organizations who do this? Think again.

The title of this sub-section repeats a refrain that the organization has heard repeatedly over the course of years: "You're doing great work, thanks!" We've heard it from a wide range of stake-holders, but you can't run an organization on well wishes and fine sentiments.

A David vs. Goliath Scenario and Gaining Traction

Armed with fine sentiments and well wishes, the organization finally obtained its 501 (c) 3 IRS Determination letter late in 2015, with formal recognition dating from 2013. Enjoying the support of the support of the hundreds of veterans they had helped and substantial national media coverage, the organization continued to serve wounded warriors with a bank account balance sufficient for a shopping excursion at a neighborhood supermarket and not much more. The time had arrived to ask, "do we give up or continue to soldier on?"

In 2015 the organization added Guy Gambill to the mix. An Army veteran with 30 years experience and a Senior Justice Fellow with the Open Society Institute (OSI), he began to work with the organization on the building of some basic infrastructure. Making opening forays into the philanthropic sector, the organization began to obtain some donations, including from the Sturm Family Foundation in December, 2015.

Employed by the law firm Collins & Collins, P.C. located in Albuquerque, New Mexico, Gambill began a fruitful working relationship with one of the firm's founding partners, Parrish Collins. Mr. Collins had done a great deal of pro-bono work for homeless veterans in New Mexico. In 2015 he began working with Gambill and USJAG founding members Georg-Andreas Pogany and Robert Alvarez, and the relationship has proven very fruitful.

A very deliberate examination of USJAG's organizational needs was undertaken, among them the following;

I. Web-Presence and the organization's web-site as an effective platform for action.

II. Funding

III. Partnership building

At the beginning of 2016 USJAG's web-site was barely visible on the world-wide web and lacking any ranking in the United States. The organization had one back-link and less than 50 visitors per month. We live in a digital world and having a web-site no one visits is basically a death-knell for any organization. Constructing an effective web-platform to shout from was a barrier to overcome. Working closely with CueOps, an Albquerque-based web-development company, the organization launched a new web-site in the Spring of 2016 and has subsequently enjoyed a greatly heightened web-presence.

A First Fund-Raiser in Albuquerque, New Mexico-May 24, 2016

Having constructed and fielded an effective web-platform and achieved an unquestionable web-presence, the organization embarked upon solving its next challenge: obtaining funding so that it can continue to do the work it is doing and, hopefully, expand the numbers of soldiers and veterans it serves.

A group of businessmen in Albuquerque began meeting in 2015 with the intent of assisting the organization in its fund-raising efforts, the core group consisted of Mr. Collins, Marc Powell of Recarnation, Jim Rogers of Sunland Development and Jay Zanios of Zanios Autos. The group planned and held a fund-raising event which took-place at the Albuquerque Country Club, May 24. 2016

The music was provided by the New Mexico Mariachi Spectacular and also featured Flamenco dancers, lending a decidedly New Mexican flavor to the event. The proceeds from the event provided a welcome influx of funds, allowing the organization to regroup and continue its work. As this was the first fund-raiser for the organization, it also provided a learning experience. To underscore the importance of the organization's advocacy on behalf of soldiers who have served in our Armed Forces, the case of multiple tour combat veteran SSG Cory Griffin was playing out during the week of the event and on May 26, 2016 he received an eight year prison sentence in Colorado Springs.

Moving Forward, Partnerships and Next Steps

Coming out of the Albuquerque event and having learned some valuable lessons, as well as, some new partnerships the organization has undertaken next steps, including a D-Day effort for June 6th with well-known crowd-funding organization, Crowdster. Having produced Strategic and Business Plans, registered with all major Charity Watch Organizations and successfully garnering a listing in the National Resource Directory USJAG is poised to embark upon the next steps to ensure its continuing success in service to soldiers, veterans and their families.

We look forward to the challenges ahead and extend our heartfelt gratitude to all those responsible for the orchestration of the first USJAG fund-raiser in Albuquerque, New Mexico. In the near term we will be adding both a testimonials page to our web-site, as well as, a tool-box for use to Host an Event for the Uniformed Services Justice & Advocacy Group (USAJAG). Again, special thanks to Parrish Collins and the folks at CueOps for their contributions to the vital work we do.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Crowdster Supports D-Day Fundraiser of Impactful Veterans' Advocacy Group

Colorado Springs, CO -- (ReleaseWire) -- 05/31/2016 -- Crowdster is proud to be supporting the Uniformed Services Justice & Advocacy Group in its efforts to ensure that all members of the United States Armed Forces return home with the dignity, honor, and support they deserve.

D-Day, USJAG and Crowdster collaborate for veterans

Memorial Day conjures up images of sunny weather, backyard barbecues, and uniformed veterans marching down Main Street while spectators applaud and wave American flags. Unfortunately, many members of the US Armed Forces don't return home to such enthusiasm and support, even after they have sacrificed their health and well-being for the good of the nation. The Uniformed Services Justice & Advocacy Group (USJAG) is looking out for these individuals by providing them with comprehensive legal services, protecting their service-connected benefits, and ensuring the continuity and delivery of proper health care.

Oftentimes combat-related trauma can lead to behaviors that the military inaccurately and unfairly labels as disciplinary infractions. As a result, soldiers who have completed multiple combat tours and fulfilled their duties honorably end up receiving Other Than Honorable (OTH) discharges. They are denied service-connected benefits like mental health treatment exactly when they need them most.

It's no surprise that such "discarded" soldiers face higher incidences of homelessness, interactions with the justice system, and addictive disorders. USJAG works tirelessly to rectify such injustices and to hold the nation's military and political leaders accountable for the promises they made to soldiers and their families. "We represent the quintessential little guy fighting long odds," says USJAG CEO Georg-Andreas Pogany.

Pogany is a former enlisted soldier with expertise in criminal justice who was deployed to Iraq in 2003. He suffered a serious brain injury due to exposure to toxic levels of an anti-malaria drug. After being medically retired in the rank of Sergeant First Class and honorably discharged from the 10th Special Forces Group (Airborne) and the United States Army in April of 2005, Pogany has dedicated himself to a wide variety of military personnel advocacy initiatives and organizations. He founded USJAG together with COO Robert Alvarez in 2011, formalizing what had previously been an informal collaboration and aiming to fill a wide gap in the advocacy landscape. A former marine with a master's degree in Rehabilitation Counseling, Alvarez has logged thousands of pro-bono hours working with active duty service members and successfully preventing the wrongful discharges of hundreds of wounded combat veterans.

While many organizations that advocate for military personnel raise substantial sums of money, those who benefit most are seldom the regular fighting men and women, the veterans themselves. In contrast, USJAG makes the absolute most of the modest funds it raises. "It's not a multi-million dollar research project which, over the course of years, produces dry reports followed by equally dry recommendations which will never be followed," said Pogany. "This is a brand of advocacy that yields results and helps veterans."

USJAG chose Crowdster's online fundraising platform for its newly launched D-Day Fundraiser, which aims to raise $5,000 and help the organization keep up the great work. On June 6, 1944, more than 160,000 Allied troops bravely faced heavily armed and entrenched German soldiers on the beaches of Normandy so that the Allies could gain a foothold in Continental Europe and ultimately liberate it from Nazi oppression. "Just as we should never forget the heroic warriors of the past," says Crowdster CEO Joe Ferraro, "USJAG believes we should never forget the heroic warriors of today. We're extremely proud to be supporting their mission."

http://www.usjag.org/donate-now/

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

“The highest reach of injustice is to be deemed just when you are not” -Plato

Colorado Springs, CO -- (ReleaseWire) -- 05/23/2016 -- We're all familiar with the popular television series. An entire generation of Americans has sat transfixed as, night after night, a dedicated team of police officers and prosecuting attorneys chase down a never-ending chain of child molesters, murderers and rapists. They are the perennial good guys, continually frustrated by the manipulations of clever defense attorneys who avail themselves of dirty tricks and legal loop-holes and the bad guys get away.

As in so much else in our society the fictional and the factual have become so intertwined that we can no longer distinguish between the two. Yes, sometimes clever lawyers and legal loop-holes allow the guilty to go free, but just as often they send the innocent and the not-so-culpable to prison for very long periods of time.

Yet, one would hope that that average citizens can still recognize the difference between an injustice and the meting out of a deserved measure of justice. It is our hope that in the midst of our visceral and unthinking "War on Crime" we might yet have the capacity to reflect and consider. It is in that hope that we invite you to look at the case of Staff Sergeant Cory Griffin and further invite you to turn off your television sets and participate in that most fundamental of American occupations—the tradition of pursuing and fighting for the truth.

In a previous media release entitled, "Justice for Vets: Playing with Heroes for Fun or Profit" USJAG covered SSG Griffin's case. What follows is a more in-depth review of the details surrounding the offense for which he was charged in 2014.

The Incident and the Participants

Staff Sergeant Griffin is a twenty-seven year old man who served in the United States Army for eight years. During the course of his service he spent 12 months in Iraq, 9 months in Afghanistan and another 8 months in Qatar on a classified assignment, guarding a high-value asset. He spent additional time in Germany and at various state-side duty stations, including Ft. Carson.

On November 10, 2014 the Fountain Police Department responded to emergency calls at Mr. Griffin's residence. There are specific elements of the narrative that are largely consistent. We know for sure that a .40 mm handgun discharged, wounding the victim Nathan Dragovich, fellow soldier and friend of Mr. Griffin, in his right thumb. We know that everyone had been drinking, including the other two parties present, Mrs. JenaRae Griffin and the girlfriend of Mr. Dragovich. We know that the four people present all knew each other well. We know that Mrs. Griffin, when she called dispatch, screamed that she believed her husband intentionally shot Mr. Dragovitch. We have blood spatter evidence. We have the trajectory of the bullet, though the bullet itself was never found. We have the police statements around the details of the crime scene.

We know that Mr. Dragovitch went to the Hospital Emergency room and initially refrained from providing police with information relating to what had occurred that evening. We know that when Mr. Griffin was arrested the police charged him with two offenses; 18-3-202(1)(a) Assault in the First Degree and 18-12-106(1)(b) Prohibited Use of a Weapon. We know that Mr. Griffin went peaceably with the police and that he had been curled up in a ball in the closet when the police arrived. These are the facts at the scene of the event, yet from here things get murky and we are left to ask many questions.

Intentional Shooting or Accidental Discharge of a Firearm

Perhaps the most critical consideration of all in this case relates to whether or not the shooting was intentional or accidental. So, let's look at that distinction carefully. There were three people immediately present when the weapon discharged; Cory Griffin, Nathan Dragovich and JenaRae Griffin. Mr. Griffin indicated to officers that he didn't remember the incident.

Nathan Dragovich initially with-held information regarding who shot him and why, explaining later that he simply wanted to cover for his friend—but he also noted later that he attempted to grab the weapon from his friend's hand and that in the process it discharged. JenaRae Griffin imparted that she grabbed the gun from her husband's hand post-discharge and that the shooting had been, in her call to the police, intentional. So, what happened here, really? " Dragovich suddenly and abruptly, while passing behind Griffin's wife, threw his hands up while shouting WTF! " startling Griffin, resulting in an accidental discharge of the weapon. An instance of a classic startle response seen in cases of severe PTSD .

Dragovich's recounting of the event is seemingly at odds with JenaRae's. Who grabbed the weapon? That is kind of important, isn't it? It is important for it's the difference between an intentional shooting and the accidental discharge of a firearm. In this case that's an important consideration.

Let's look at this in a bit more detail. In JenaRae's statement after the event she noted that Cory went upstairs. She had come downstairs from the second-story bedroom as her husband and Dragovich had been talking in elevated tones. Her husband had gone upstairs and, after a short interval, she went back up to see what he was doing. On ascending the stairs she stopped as her husband was inside their bedroom with a pistol in his hand. She later noted he had a blank stare on his face she had seen before. JenaRae was on the stairs, Dragovich behind her. Dragovich raised his hand, Griffin saw motion and fired a shot, hitting Dragovich in the thumb. More than one experienced Psychiatrist described what took place as a classic startle response, common to combat veterans diagnosed with Post-Traumatic Stress Disorder (PTSD).

Multiple mental health professionals and members in SSG Griffin's unit, Letter from Commanding General, Ft. Carson, averred their belief that his behavior that evening was reflective of a dissociative break, what is now commonly referred to as a "flashback".

Combat Veteran Attempts Murder at Close-Range Hits Thumb

The discharge was accidental. How can we know what happened? Well, forensic evidence would be great, wouldn't it? If we had a Gun Residue Testing kit for Dragovich, for example, we would be able to determine how close the victim was. Unfortunately, no GSR kit was used on the victim. Then there's the little problem that the wound to Dragovich's thumb was on the outside of the hand. Awkward. Then there's the additional, and also awkward, changing in Dragovich's statement over time. Did he or didn't he grab the pistol? After the event Dragovich and Mr. Griffin continued to amicably exchange text messages. Both lamented the incident. JenaRae continued to have amicable exchanges with Dragovich's girlfriend, now wife. The content and tenor of the exchange between the four parties involved hardly presents itself as one that would take place between the victim of an attempted murder and the guy who shot him.

Arresting Officers did not charge Mr. Griffin with attempted Murder. All parties involved continued to have friendly discourse following the event. A range of professional soldiers, mental health professionals and yet, the District Attorney chose to charge Mr. Griffin with Attempted Murder. Unconcerned with a close consideration of all evidence in the case, he focused on obtaining a conviction. So what if that meant sending a young soldier to prison for 40 years.

There's another critical, common sense consideration here: the Military Occupational Specialty (MOS) of SSG Cory Griffin–he was 19 Delta, a Cavalry Scout who also served on a sniper team in Afghanistan. He was a Sharpshooter. If you ask no other question about this case, ask this one: Does it make any sense at all that a man who served in some of the most dangerous places on the planet as a sniper would miss an intended target at close range? For those of us with any respect or any experience in the US military know, if a highly-trained US Army Sniper had intended to kill a man at close range, he'd be dead.

Crime Scene Investigation: Television vs. Reality

We are accustomed to the high-tech, thorough crime scene investigations as they are depicted on television, but such depictions are often very far from what actually happens. In this case District Attorney Dan May built his entire case around two elements; motive and some rather flimsy evidence. The motive was largely construed from statements by the alleged victim who later related that Mr. Griffin had become angered due to a remark he made about having an affair with Mr. Bueskings neighbor's wife, where Dragovich was then residing—and later noted he made the remark in jest. So, the motive was ostensibly jealousy. The evidence was shoddy or was not reviewed properly by either the Prosecution or the defense. Consider the following;

The bullet was never located. It exited the side of the Griffin's residence and entered into the side of the house next door. Police knocked on the door that evening, no one answered and they never bothered to return to collect this piece of evidence.

A statement from the girlfriend of Dragovich. They called, she didn't answer and the police didn't bother to track her down and get a statement immediately–a rather important omission or error.Video-taped statements from all of those present: Basic police procedure.

Gun-Shot Residue (GSR) testing kit for Dragovich–which, had it been conducted–would clarify how close the victim was when the weapon discharged. This evidence alone would have clearly verified distance–and distance here is the difference between two very different versions of events, as well as, the difference between an accidental and intentional shooting.

Fingerprint tests from the barrel and the grip of the weapon used. This would have helped corroborate who grabbed the gun as versions of what happened varied greatly.

The cell phone records, text and voice, from the phones of all those involved--this would have provided a level of clarification around the varying versions of events.

A careful examination of the forensic evidence around the trajectory of the shot and a comparison of that trajectory with the blood spatter patterns present against the different versions of what took place.

Recorded interviews with all medical staff at the hospital who attended to Dragovich the evening of the shooting.

Photos of the gun-shot wound when police did speak with Dragovich some time after the event. What officers did note was that Dragovich had photos of the wound and that he would "send them later".

The police never interviewed the next door neighbors. This would also be important if you wanted to affirm or debunk whether or not the victim's joke about an illicit affair had any basis in fact or whether or not they had overhead anything the night of the shooting.

Interviews with the soldiers with whom both Dragovich and Griffin served to determine whether either party had divulged information of interest germane to the facts of the case.

In short, some very basic police work did not occur in this case. The Federal Bureau of Investigation sets forth basic protocols and procedures for crime scene investigation and those were clearly not followed in this case. The prosecution based its entire case around two rather elements;

The call from a wife who had been drinking, awakened and whose husband had just shot a friend in the thumb, and, the recounting of the incident by the victim, Dragovich. A very basic consideration in any investigation revolves around the totality of circumstances in a given case. Aside from the evidence in the case out-lined above other elements should have also been taken into consideration. In trying to sort out the differing versions of what transpired and whether or not the shooting was accidental or intentional the veracity of all parties' versions should have been scrutinized to some degree and that would include some consideration of both the previous conduct and histories of all present. Also of some importance was the fact that SSG Griffin was never read his rights under Miranda.

While every soldier in SSG Griffin's command provided statements as to his exemplary service record and high level of personal character none could be found to offer such support for Dragovich. There are some character issues here: Dragovich had a prior criminal history. If you're a prosecutor who is looking at the 'totality of circumstances' the veracity of versions of events should be of some importance

An Ill-Prepared Defense and an Overzealous Prosecutor

Compounding the problems in this case would be the poorly prepared legal defense offered by the Griffin's attorney for the defense, Kent Freudenberg. When a defendant whose life's at stake plops down thousands of dollars to hire a lawyer the expectation is that a legal defense which might be deemed energetic will be the result. Not in this case.

Let's look at one instance of the sort of legal defense which occurred in this case: On June 12, 2015 this case came up for a proceeding before the Hon. Barney Iuppa. The People were represented by DDA Cecil. Firstly, Attorney Freudenberg is reminded by the Court which Division his case will be presented in–Division I and not Division V. Attorney Freudenberg discusses withdrawal of plea and entry for evaluation of mental capacity. The People counter with notice that the Defense did not comply with Statutory provisions around the raising of the issue at initial arraignment and what constitute's "good cause" for later introduction. For anyone reading the court transcript of this proceeding it's very difficult to characterize the defense as "prepared".

On the prosecution side of this case the charge of Attempted Murder was clearly over the top–the charge carries a potential 40 year sentence. But the prosecutor was doing what prosecutors have become accustomed to doing; conviction, conviction, conviction. Let's get a conviction for the most serious charge possible. Let's over-charge and engage in horse-trading in the plea process: Let's ask for 40 and settle for 15 then tout our "toughness on crime" and pander to public fear and ignorance. This is not an episode of Law & Order, this is real life and such scenarios play out in our court-rooms on a daily basis. The concern over the rendering of a measure of justice overall for the good of public safety falls to the wayside–the focus falls on getting away with what you can.

Dialing it Back: Egos or Justice

At this juncture this case has devolved to that point where the rendering of justice has gotten lost and the clash of egos and reputations has assumed precedence. The sentencing hearing for SSG Griffin will be held on May 26, 2016 in Colorado Springs. He faces 5-16 years in prison. What would be the right thing to occur here? That withdrawal of the guilty plea take place, that the District Attorney set aside his opposition to this soldier's admission to Veteran's Court and that this young man get the help he has earned for the costs paid in service to his country.

Griffin, following his arrest in 2014, has been in the community for most of the intervening period. He began assessment for his Post-Traumatic Stress Disorder (PTSD), has complied with all direction given by the court and, by all accounts he is doing well. By all accounts, he poses no threat. Sending him to prison has nothing to do with enhancing public safety and the proposed sentence is far too severe for the offense he committed. Costly, nonsensical, inappropriate. He would not only leave behind an extended family, but also a wife who is pregnant and a child who may never know her father during the majority of her childhood. This has nothing to do with "justice".

Additional Information of Interest, DA's Office in Colorado Springs

Members of the public generally view District Attorneys with an implicit trust--they are the servants of both the people and the interests of justice. An e-mail exchange between Defense Attorney Kent Freudenberg and Brien Cecil--Assistant District Attorney (ADA) assigned to this case--displayed a rather brazen level of bias (the e-mail is attached here). Officers of the Court should rely on those with expertise in cases where proceedings might be influenced by mental health or capacity. In this case, five highly qualified mental health professionals, as well as, a number of military professionals all concurred that SSG Griffin's combat-related PTSD was a critical consideration in terms of mitigating what all believed to be an accidental shooting. ADA Cecil is not qualified to render a professional assessment of SSG Griffin's mental health or the role that played in the incident in question. But his lack of expertise didn't impede his personal bias in his prosecution of this case. Inaccurate statement? Well, read the attached e-mail and decide for yourselves.

Obtaining a conviction and not the delivery of a mindful justice rules the roost at the Office of the El Paso District Attorney Dan May in Colorado Springs. This is not the first occasion when May's Office has come under scrutiny for questionable prosecution of a criminal case;

Judge lambastes Colorado Springs prosecutor after third courtroom error in 6 months

El Paso County District Attorney Tries to Block Wrongly Convicted Colorado Springs Man From Receiving Restitution

Court finds government misconduct tainted Colorado death penalty case

A reason to kill the death penalty in Colorado

About The Uniformed Services Justice & Advocacy Group
The Uniformed Services Justice & Advocacy Group's Georg-Andreas Pogany and Robert Alvarez have been closely involved in the case of Staff Sergeant Cory Griffin. The Veteran's Advocacy Group is based in Colorado Springs and well known for its advocacy on behalf of combat soldiers and veterans at the intersection of civilian and military justice systems. USJAG, the family and friends of SSG Griffin, local veterans groups and active duty military personnel will be attending the Sentencing Hearing of on May 26, 2016 and exhort supporters to attend. Details on the location and time of the hearing may be found here;

Stand by SSG Cory Griffin: If not this soldier for Veteran's Court then who?

Guy Gambill 5-22-2016

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The United States Army's Continuing Disservice to Wounded Warriors

Washington, DC -- (ReleaseWire) -- 04/27/2016 -- Another American Hero Discarded, SSG Lewis T. Foutch

Who is Staff Sergeant Lewis T. Foutch? Well, he is-or at least he was-a soldier in the United States Army. We use the past tense due to the fact that on Monday, April 25, 2016 he was separated from service with a General Discharge at Ft. Campbell, Kentucky. SSG Foutch, prior to being so ignobly tossed aside by the nation to whom he has given his all, served with the D. Company, 2nd Battalion, Special Operations Aviation Regiment (SOAR). The unit is part of the Joint Special Operations Command or JSOC, the most elite soldiers the US military has to offer. These are the guys they make movies about. SSG served a total of six combat tours in Afghanistan for a total of 17 months. He served an additional two combat deployments for a total of 11 months, but the nature of those deployments is classified—we don't know exactly where he went, but we can be sure the destinations were harrowing. During the course of his service he was awarded the Army Air Medal, Army Commendation Medal, 3 Army Achievement Medals, Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terror Service Medal, NATO Medal and a Combat Action Badge (CAB). Foutch was a first-tier soldier.

During the course of one of his last deployments in Afghanistan he was in close proximity to the detonation of a 400 pound bomb. He was later assessed as having sustained a Traumatic Brain Injury (TBI) during the blast. His behavior began to shift. He became irritable and had problems with impulse control and anger management. He began to experience problems with his memory and difficulties processing information. He was later diagnosed with Post-Traumatic Stress Disorder (PTSD) and Major Depression. His behavior became erratic and his consumption of alcohol increased. His relationship with his wife deteriorated and they ultimately separated. Team members would later recount heightened levels of vigilance and paranoia. Many familiar with these symptoms and accustomed to working around combat veterans will nod, sadly, in recognition.

The US Army's Continuing Disservice to Wounded Warriors
In October, 2015 National Public Radio (NPR) aired a story entitled, Missed Treatment: Soldiers With Mental Health Issues Dismissed For 'Misconduct'. The story recounted how the US Army reacts when soldiers who have deployed on multiple combat assignments break. Tens of thousands of soldiers after they come home experience readjustment problems that sometimes manifest in disciplinary issues or in interactions with the civilian and\or military justice systems. So, how do they react? Well, that depends on whether you want the Public Affairs version tailored for public consumption or if you prefer a factual presentation of what really takes place. In the spin-doctored version the military cares for wounded warriors and recognizes that our social contract entails, indeed mandates, that we provide care for them. In reality, they are jettisoned from service with Other-Than-Honorable or General Discharges. We are told that it wasn't really the three, five, eight, twelve combat deployments, but that they had Personality Disorders which miraculously appeared under duress. Despite passing rigorous physical and mental examination on entry into service, they were really just bad people after all. We are asked to believe three years in Afghanistan or four in Iraq had nothing to do with radical shifts in behavior and that these were just plain bad soldiers all along. Never mind the Bronze Stars, the Purple Hearts, the Campaign Medals or the stellar service records before the misconduct, the misconduct is the misconduct and has nothing to do with the brutal reality of war. In the vapid and mind-boggling contortions, nay perversions, of logic which prevail in separation proceedings, the abrupt snapping of the most sacrosanct of social contracts becomes audible. This represents the ultimate betrayal.

Twelve Senators called for an investigation into the Army's discharge of over 22,000 personnel who served their country in combat: Members of Congress bleating from the bully-pulpit is old news and definitive action remains a furious whisper, nothing more. Twenty years ago Congresswoman Maxine Waters called attention to improper separations from Military Service, and it continued. Senator Blumenthal has railed, on committee, on repeated occasions, against the practice over the last several years, and the practice continues. Secretary of Defense Hagel issued his directive on granting upgrades to the more than 560,000 Vietnam veterans who were separated under less than honorable conditions, and the practice continues. Yale Law's Veteran's Clinic wrote it's incisive "Unfinished Business" in collaboration with the National Veteran's Council for Legal Redress (NVCLR) and the Vietnam Veterans of America (VVA) in 2015, and the practice continues. Swords to Plowshares and the National Veterans Legal Services Project (NVLSP) wrote "Underserved", in collaboration with Harvard Law, and the practice continues. In February 2016, the New York Times featured an article noting that 615,000 soldiers were so separated since 1990, and the practice continues. The Surgeon General of the Army and multiple senior officers in the military have assured us they are no longer separating soldiers improperly without due diligence in medical and psychological evaluations, and the practice continues. Congress ensured that the National Defense Authorization Act (NDAA) 2015 included language guarding against these reprehensible separations, still the practice continues. Grand-standing, pontificating in Congress, outright misrepresentation on an absurd scale, and the practice continues. It continues because no one is ever sanctioned or penalized. Those responsible shrug and smile for they know they will never be held accountable.

All of this furor must be set against an ethereal public fanfare and the preposterous assertion that we shall care for those who have borne the battle. We don't care for those who have borne the battle, we toss them onto our streets, into our prisons….we disappear them, faceless and bereft of support into the void and we do not speak their names aloud again.

For the upper echelons in DOD, the bean-counters, it becomes a function of cost-benefit analysis. When a soldier gets in trouble, you cite their "pattern of misconduct" or their "Serious Offense" and dump them out with a General or Other-Than-Honorable Discharge. Stripped of disability compensation, access to healthcare, employment services or access to civil service jobs, educational benefits and homeless services represents an annual savings to the Department of Defense and VA that runs into the billions. And billions are a lot of money, sir. When they break, we throw them away. Fiscally wise, ethically repugnant, morally bankrupt, let's do it every day-not like anything will happen, right? Nope, sir, nothing will ever happen.

SSG Foutch spiraled out of control. One evening he was drinking and his mental state bent to breaking, he went to his former residence and woke his wife while his four year old daughter slept. She was terrified for herself and for her daughter. In reading her statement the fear and the pain bleed through. What SSG Foutch did was wrong and it's very hard to brush it all aside. Indeed, he will yet have to appear in a civilian court and answer for his offenses. However, it is our sincere hope he will be granted clemency and that he will be allowed to heal.

Eight Combat Deployments and Discarded
The tragedy of this event is marked and anyone with a shred of empathy can feel for all involved. A marriage between two people who once loved each other, shattered; a four year old girl who may spend her childhood without her father; a hero who may spend time in jail only to emerge with nothing for his service. But where many of us see the starkest of tragedies, there are those within the Department of Defense and the US Army who see opportunity, a mere arithmetic function completed by rote in a cost-benefit analysis. We use them up, throw them away. It's cost-effective.

So, SSG Foutch went through the paces as his separation proceedings moved forward over the course of months. Duty restrictions imposed. Go through inpatient and out-patient treatment for Post-Traumatic Stress Disorder and his Traumatic Brain Injury. They loaded him up on Paxil, Trazadone, Quetiapine, Clonazepam, Wellbutrin and Ambien, walking around in a daze. Hire an attorney, go through the farce. In the end, the separation review process directly flouted the directives of multiple authorities and they kicked him out with a General Discharge anyway…, nothing to do, really, with his seven combat deployments.

The The Uniformed Services Justice & Advocacy Group interprets the US Army's actions as: Thanks for your service, SSG Foutch. Oh, and by the way, we will be recouping your last paycheck and you will also have to repay your $26,000 re-enlistment bonus. You won't be eligible for a whole bunch of services and benefits for the rest of your life, either. You see, SSG Foutch, after a thorough review of your records we have determined you were not a very good soldier after all.

About The Uniformed Services Justice & Advocacy Group
The Uniformed Services Justice & Advocacy Group fights for those who fought for us.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

We vow to help wounded warriors as long as they have no problems

Washington, DC -- (ReleaseWire) -- 03/01/2016 -- At some point, you stand there shaking your head: When reality collides with fiction and there arises no seeming distinction between the two, the perversion multiplies exponentially. In the final summation, can we tell the difference any longer?

In 2009, a young Scout Sniper, Sgt. Cory Griffin was well into his first combat tour in Iraq. Day by day, his unit saddled up and did what soldiers have done time out of mind, fight. He watched people die. He was present in Sadr City when US Forces endured grueling combat. He watched many of die, friendly forces and enemy alike, civilians and combatants. Like any young soldier in a combat zone he prayed he survive. His most vivid memory, the one that haunts him most, occurred while his convoy was halted: a father and his young son were standing close to his vehicle when an EFP exploded, tearing both apart. Every soldier relates that one indelible incident that lingers forever in the mind: This became Sgt. Griffin's "one thing". In the wake of the blast, Sgt. Griffin had to dismount and provide perimeter security until EOD arrived. The mother and wife of a slain son and husband arrived on the scene and fell upon the bodies of her loved ones, flailing around and wailing for what seemed an eternity to the young soldier. He will hear that woman's screams and see that scene for the rest of his days. The essence of such a thing is that it is impossible to impart what it means to anyone who hasn't experienced the profanity of combat.

Sergeant Griffin joined the United States Army at age 18. He had married his Jr. High Sweetheart at a young age. They gave birth to a child and the child died at four month--he had left High School to take care of his young family, but returned and finished school prior to enlisting. This early tragedy did not deter Cory from pushing ahead...soldiers do that, soldiers endure. Soldiers are resilient.

Cory served twelve months in Iraq with the United States Army. As with so many soldiers who have served during the long course of the Global War on Terror (GWOT), he redeployed to Afghanistan for nine months. More death, more internal scars. He deployed one more time, to Qatar--this last deployment lasted nine months. The impacts are cumulative and along the way it's easy to get lost in it all, to lose one's self. Sometimes, soldiers are perhaps not aware of the change that has occurred in them. Cory drank. Those around him saw a change. Something ineffable was missing. He wasn't the same anymore. It's a story we hear all the time. Young men and women that see the things Cory saw are altered. We know this. We do. We "support the troops" and "honor our warriors" right up till that moment when it really matters, then we jettison them as quickly as possible.

Diagnosed with combat-related Post-Traumatic Stress Disorder (PTSD) and a Traumatic Brain Injury (TBI) Cory struggled. One night at his residence near Ft. Carson he, his wife and another soldier with his girlfriend were drinking and watching Television. A bit of attempted relaxation. Cory went upstairs. When he didn't return for a time, his wife went up to check on him. She found her 27 year old husband in the midst of a full-blown flashback--back in Iraq he had his pistol drawn, struggling to discern an enemy that may or may not have been there. It's a familiar story. We know this happens, we know it. His buddy ascended the staircase behind his girlfriend attempting to assist his friend. They froze on the stairs when they saw the weapon and the look Cory had--they recognized what was going on. One soldier seeing another soldier with that "look". Everyone froze and tried to talk him down. Cory saw movement and fired his weapon, shooting his friend in the hand.

The police arrived. By accounts of all present, it was clear what had transpired. Another young soldier who was some place else for a time. Funny how such things happen, isn't it? We send young men and women off to do and see grotesque and horrible things and it changes them in ways that cannot be amended or altered. Funny how that happens.

Reasonable people understand these things. We all should by now, shouldn't we? The Commanding General of Ft. Carson after looking at his service record and the incident understood. More than one mental health professional understood and understands, we know that because they rendered their diagnoses and their professional evaluations of the Sergeant's condition. The right thing to do would be to divert this young man to treatment and away from jail. The right thing to do would be to recognize that happened in this incident. The right thing to do would be to get this young man the help he needs. if we did these things that would be honoring his service and recognizing that while this incident did result in bodily harm to another soldier nothing is to be gained by depriving a wife of her husband, a community of a veteran it should honor and a recognition that young men who do and see what Cory did are wounded and they need our help, not our scorn.

But that is not what we are doing. Enter the local DA: In spite of the recommendation of the Commanding General that leniency be granted in the case, in spite of the diagnoses and evaluations of this young soldier, in spite of the recognition by many that this incident, while a tragedy, came as a result of a young man haunted by the memories of his combat service and not as the manifestation of an explicit criminal intent. In spite of this, the local prosecutor, thumping his "tough on crime" chest is asking for 40 years. Let's call it what it is: horse-trading for political gain and categorical imperatives as dictated by statutory provisions around conviction rates. This ain't justice, its politics. The Prosecutor in this case does what prosecutors do: he pitches a 40 year sentence for attempted murder knowing full-well that ain't what happened. He will settle for five years, however....and justice be done.

After years in combat, this young man at the age of 27 will have his life ruined. Not only his life, but the lives of his family as well. Anyone who knows anything at all about our justice system knows that such sentence can never be overcome. He will never get a decent job, experience the collateral consequences of his conviction for the rest of his life. Instead of treatment, a cell...more lives ruined. Fiscally stupid, morally questionable and thanks for coming out! Robert Alvarez and Georg Andreas Pogany from the Uniformed Services Justice & Advocacy Group (USJAG) are fighting to keep this soldier out of jail and to prevent him from being stripped of his access to healthcare and compensation for himself and his family:

Uniformed Services Justice & Advocacy Group (USJAG)

You know the Veterans in Justice movement, the veterans courts and all that: Ain't it all just grand? Great for many members of the Bench, for a wide slate of politicians. Splendid for a bevy of attorneys and the denizens of a bunch of Federal and State employees. How many of them, however, served in the military? Of those who served in the military how many ever did a day in jail? The veterans-justice movement is wonderful...unless, of course, you are a veteran or soldier in the justice system: If you're an actor or a Non-Profit director or a VA researcher it's a great business...if you're a veteran in the justice system, not so much.

National Defense Service Ribbon, Iraq Campaign Medal, Afghanistan Campaign Medal, Combat Action Badge (CAB), 4 Army Commendation Medals, 7 Army Achievement Medals, Overseas Service Ribbon, 3 Good Conduct Medals and numerous other citations and awards. Sergeant Cory Griffin, Scout Sniper, United States Army.

This Friday Sergeant Cory Griffin will join hundreds of thousands of other combat veterans who have come home to jail and prison. He will stand in the docket and take the plea bargain for five or else...and the beneficiaries at the trough of veterans justice will utter not a word. Thank you for your service, Sergeant, but you didn't actually expect us to risk anything on your behalf now, did you?

About USJAG
The Uniformed Services Justice & Advocacy Group's (USJAG) mission is to keep the promise made by political and military leaders to our nation's warriors. We hold accountable those who have a duty and responsibility to live up to and honor the sacred promise to all members of the United States Armed Forces, its veterans and their families, " …to bind up the nation's wounds, to care for him who shall have borne the battle…" by advocating on behalf of those who have honorably served this nation while providing them with comprehensive legal, forensic and investigative services in any and all administrative and judicial proceedings; to defend and protect their service connected benefits as well as preserve the continuity and delivery of proper and appropriate healthcare; to educate the public on all issues, needs and concerns facing this nation's warriors; and to give them back to their communities and families with the dignity, honor and support they deserve. The Uniformed Services Justice & Advocacy Group (USJAG) is a nonpartisan non-profit legal services corporation.

USJAG's Mission

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The things that they tell you and the things that they don't

Washington, DC -- (ReleaseWire) -- 01/25/2016 -- On December 7, 2015--Pearl Harbor Day--the Department of Justice, Bureau of Justice Statistics released its somewhat overdue national survey on veterans in prison and jail. The last national survey was conducted in 2004 and was released in 2007.

Veterans in Prison and Jail, 2011-2012 (released 2015)

The survey notes some characteristics surrounding incarcerated veterans, including;

- The number of veterans incarcerated in state and federal prison and local jail decreased from 203,000 in 2004 to 181,500 in 2011-12.
- The total incarceration rate in 2011 12 for veterans (855 per 100,000 veterans in the United States) was lower than the rate for non-veterans (968 per 100,000 U.S. residents).
- A greater percentage of veterans (64%) than non-veterans (48%) were sentenced for violent offenses.
- An estimated 43% of veterans and 55% of non-veterans in prison had four or more prior arrests, and
- 23% of incarcerated veterans received discharges under other than honorable conditions.

This latest survey of veterans in prison and jail raises many questions and concerns, some of which follow below.

In the last survey conducted (2004) it was noted that the gathering of veterans status data at the local level had proven problematic insofar as a majority of community correctional facilities did not inquire as to veteran's status at point of booking. With the advent of the veterans' courts it remains unclear as to how that salient barrier has now been overcome. Additionally, a number of State prisons were excluded in prior surveys due to arrangements with State Institutional Review Boards (IRBs). If you ask the "why" of that and request a listing of excluded facilities you will be told that HIPAA regulation prohibits the Department of Justice from releasing aggregated data which, if used in conjunction with other data-sets, might identify individual inmates. This makes little sense as in most states anyone can simply go on Department of Corrections or County Jail web-sites type in a name, perhaps a birth-date and you easily find out if an individual is an inmate. As a slate of higher court decisions have ruled that an individual convicted of a crime has no substantial right to an expectation of privacy it is hard to fathom why such a position might be deemed tenable. Yet if you ask for a listing of facilities excluded from the national surveys this is the reason that will be given for non-disclosure.

Why is it important to have a full listing of excluded facilities? Firstly, if there's any evidence that there might be some level of preference for the sentencing of veterans to specific facilities within a given State DOC and those facilities are among those omitted, the survey cannot be deemed accurate. Secondly, if veterans are more highly represented among specific categories of offenders and those categories are also routed to categorically-specific facilities and those facilities were then excluded validity again might be questioned. Given the rise of the Veterans Treatment Courts, Veterans Sentencing Mitigation legislation and a number of other programs and legislation targeting veterans at the intersection of justice it would seem likely indeed that at least some facilities would preference veterans for sentencing. Without clarification of such points the survey's validity remains suspect.

There are other problems: For example, the National Survey of Inmates was conducted under the umbrella of data collection around the Prison Rape Elimination Act (PREA). It is a victimization survey. How that was done and what it might mean in terms of garnering participation from incarcerated combat veterans might also be considered problematic.

The next problem that arises on review of the national survey resides in a lack of contextualization. There has been a decrease in the number of people in prison over the course of the last four years and the very modest decrease in veterans should be viewed as part of that general decrease. There has also been a decrease in veterans in relation to the general population yet the survey also fails to provide sufficient comparative detail for us to understand the statistical picture presented: That 8% of prison inmates in 2011-2012 reported being veterans during the conduct of the survey.

Incarceration in prison and jail is one aspect of justice-involvement among any sub-population, including veterans. That 8% of prison inmates are veterans cannot be said to represent the totality of justice involvement among the population. The other, far greater, portrayal of justice-involvement would be captured by arrest data. If 8% of all those incarcerated in prison were veterans in 2011-2012 does it follow that we might extrapolate that data into the realm of arrests?

How many people were arrested in the United States in 2012? According to the Federal Bureau of Investigation, 12,196,959;

https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/persons-arrested/persons-arrested

If 8% of all arrests were military veterans then veterans among the total arrested during 2012 would be 975,757. Indeed, data captured in community correctional facilities across the country would support the position that 8% of arrests would have been military veterans. Perhaps fewer veterans are not justice-involved. Perhaps fewer are ending up in jail or prison, in keeping with national trends. They are being arrested and diverted, perhaps, but they are still justice-involved. This trend takes offenders for non-violent offenses and targets them for diversion away from jail and prison and into community correctional programs, but they remain justice-involved. In the 1970s and 80s, for instance, those veterans arrested for controlled substance possession charges may very well have gone to prison or jail whereas now they are diverted away from incarceration.

Why would such an assertion make sense? Well, because numerous studies tell us that is taking place--including those working in and around the Veterans Treatment Court programs, for example.

There's another interesting bit of information within the national survey. The Department of Justice notes that Military prisons such as that at Ft. Leavenworth were excluded from the survey. Ft. Leavenworth holds 3,646 inmates, not all of them military prisoners.

https://www.bop.gov/locations/institutions/lvn/

Leavenworth is one of many military detention and correctional facilities, including a number that are extra-territorial. A number of researchers on the topic of military-veterans and justice interaction have held that an all-volunteer military, in contradistinction to the Vietnam era, would experience lesser rates of incarceration. Then we need to ask why it would be necessary to expand the capacity and facility at Ft. Leavenworth as the Bureau of Prisons (BOP) announced in 2011;

http://www.tonganoxiemirror.com/news/2011/jan/27/prison-bureau-seeking-public-comment-plans-new-lea/

If we wish to take the position that an all-volunteer military experiences lesser rates of incarceration or justice involvement then that position remains untenable until we are given full information on the numbers held in military detention facilities and prisons. Without that information and historical data-sets to place our understanding in context, it is absurd to forward the position that rates of justice-interaction for an all-volunteer force are lower.

The Uniformed Services Justice and Advocacy Group maintains an interest in a sub-population within this broad swathe of considerations: veterans who have received discharges under less than honorable conditions. According to the 2015 national survey 23% of incarcerated veterans listed discharges under less than honorable conditions--and discharges under general, honorable, conditions were counted in the 77% of those with Honorable Discharges. It might be said that 23% is a significant number. In veterans' courts, across the nation, similarly high numbers of participants reported discharges that were under less than honorable conditions.

How does this sub-population look in terms of the Global War on Terror (GWOT)? Daniel Zwerdling, Dave Philips and the Center for North American Studies (CNAS) were able to access this information. During the period 2004-2011, the United States Army Honorably Discharged 419,718 soldiers. Soldiers, during the same period, who received discharges under all other conditions numbered 162,909. It's a colossal number. Now if 55% of all veterans in prison served in the Army and a quarter of them had such discharges this number should prove disconcerting, should it not? Again, the DOJ-BJS and a slate of researchers taking the position that justice-interaction, whether it be military or civilian, occurs at a lesser rate within the ranks of an all-volunteer military would seem quite odd.

On November 4, 2015 a National Public Radio\Colorado Public Radio investigation into the improper discharge of 22,000 Army personnel and a subsequent call by 12 US Senators for an investigation into the matter;

http://www.npr.org/sections/thetwo-way/2015/11/04/454675053/lawmakers-call-for-army-to-investigate-misconduct-discharges-of-service-members

The Surgeon General, following the NPR coverage and the call for an investigation by the aforementioned US Senators, indicated that processes for undue separation would be amended and corrective action undertaken. Nonetheless, considerable soldiers continue to report that the same unjust actions are being utilized.

This coverage stemmed directly from the work of the Uniformed Services Justice and Advocacy Group;

Uniformed Services Justice and Advocacy Group

In the wake of the NPR\CPR coverage, the Uniformed Services Justice and Advocacy Group (USJAG) has been inundated with calls from soldiers and veterans across the nation who have served in combat, often on successive deployments. These are men and women who, following their return home, experience some level of justice interaction stemming from the invisible wounds of war and who are facing--or have faced--improper separation from military service. The practices and problems continue.

While a rather wide slate of organizations deal with veterans at the intersection of justice continue their work with copious levels of funding, the national leader in the realm of advocacy on behalf of those unduly separated from military service continues to operate in a largely unfunded capacity.

The Uniformed Services Justice and Advocacy Group sincerely welcomes the opportunity to tell the American public the rest of the story. Here we are again, dealing with a problem ill-defined and ill-addressed....to the tune of tens of millions of dollars. This represents another instance of seeing a problem as we wish it was, rather than seeing it for how it really is. The fact remains, a considerable segment of combat veterans who experience some level of justice interaction are simply shunted aside and forgotten.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The American Soldier: Advocacy and Exploitation

Washington, DC -- (ReleaseWire) -- 12/24/2015 -- America once loved the little guy who fought the long odds and won. For those familiar with advocacy and funding on behalf of soldiers and veterans some very salient facets emerge: One of which is that those who benefit most are seldom the regular fighting men and women, the veterans themselves. This is an untold story--or series of stories--that the media has largely failed to tell. The Uniformed Services and Justice Advocacy Group (USJAG) invites the press to remedy this shortfall.

Despite prolific media coverage of wars and soldiers, veterans and their return home, there's a set of stories that has not yet been told. The unabashed exploitation of the regular Joe by virtually every sector of our society, from the first to the fourth Estate: By academics and justice professionals, by a myriad of functionaries milling about the buzzing cubicles of a slate of Federal Agencies, by a wide swathe of the non-profit and healthcare sectors. Thousands of highly paid bureaucrats and service-delivery professionals have reaped colossal benefit from advocating on behalf of the common service member: Put 10,000,000 dollars into a program that assists veterans and you can almost guarantee a paltry 5% will ever touch a veteran's hand.

For the veteran's organizations founded and run by former enlisted military personnel the funding and systemic struggles are quite familiar. If you ask organizations like the Vietnam Veterans of America, the Veterans for Common Sense or Swords to Plowshares (S2PS) they will understand. There's another such organization on the veterans advocacy landscape, newer than those named: The Uniformed Services and Justice Advocacy Group (USJAG). Founded and run by former enlisted personnel, with backing from some solid Board members who served as Officers in the various branches of our military, is a well known organization. They have appeared in stories by virtually every major media outlet from CNN to the New York Times and from Al-Jazeera America to National Public Radio (NPR).

Missed Treatment: Soldiers With Mental Health Issues Dismissed For 'Misconduct'

The Uniformed Services and Justice Advocacy Group (USJAG) and its members have, for some years, taken on the Department of Defense, toxic leadership within some portions of our military, and a wide slate of naysayers sprinkled across State and Federal Agencies of many stripes. The organization's membership has changed policy, helped, literally, hundreds of multiple combat-tour veterans who stood on the verge of getting kicked to the curb without compensation or access to healthcare. The organization represents the quintessential little guy fighting long odds. Their work represents meaningful social justice advocacy on behalf of wounded warriors--and this work has spanned years. It's not a multi-million dollar research project which, over the course of years, produces dry reports followed by equally dry recommendations which will never be followed. This is a brand of advocacy that yields results and helps veterans.

Uniformed Services and Justice Advocacy Group (USJAG)

Maligned and hindered by military base commanders, stone-walled by a variety of public officials and subject to a variety of retaliatory actions, the group has soldiered on, applauded by many regular soldiers and veterans. Guess how well funded this veterans advocacy organization is? Guess. They are the national leaders in advocacy on behalf of veterans who our military kicks out, after multiple combat tours, with less than honorable discharges for disciplinary infractions stemming from their combat trauma? Guess. Over the course of years the organization has received a grand total of $16,500--and $11,000 of that was during the month of December 2015.

While others spend millions admiring the problem, USJAG is doing real work to stop these reprehensible practices.

This is an unabashed challenge to the media of the United States: Engage in some real investigative journalism. Conduct a meaningful examination of well-funded veterans organizations and the big recipients of funding ear-marked for veterans and quantify their respective levels of impact--how many lives do they really assist? How much funding have they received to do what they do? Then look at the veterans organizations who really take the risks and yield results that actually help veterans. In the process of conducting such a needed piece of investigative journalism, please ensure that you ask well-versed former enlisted veterans what they think. This is our challenge to journalists.

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Join Senate Investigation of the Army's Discharge of 22,000 Injured Soldiers Improperly Discharged

Washington, DC -- (ReleaseWire) -- 11/27/2015 -- Last week, twelve members of the United States Senate called for an investigation into the discharge, under Other Than Honorable (OTH) circumstances, of 22,000 combat veterans of the United States Army. These soldiers, who had often served multiple tours in Iraq or Afghanistan, were diagnosed with combat-related mental health disorders and discharged without benefit of proper medical review. The Uniformed Services and Justice Advocacy Group (USJAG), the Colorado-based organization which has led the nation in the realm of advocacy on behalf of such soldiers, is calling for other members of Congress to join in the call for an investigation. Georg Andreas Pogany, the Chief Executive Officer of USJAG, notes that we have heard a great deal of hollow rhetoric with regard to "honoring the troops" and that we have further recognized the "Invisible Wounds of War" yet the drum beat which has mustered out tens of thousands of emotionally and mentally scarred combat soldiers continues unabated. Pogany asserts that the 22,000 soldiers in question represent the tip of the iceberg.

The Uniformed Services and Justice Advocacy Group has assisted over 300 such military personnel, successfully interceding between the military and individual soldiers, restoring their compensation and their right to medical benefits through the Veterans Administration. Soldiers who are mustered out with less than honorable discharges cycle back to their home States and communities. The burden of caring for these combat veterans devolves to State and Local governmental entities and the private sector rather than upon those agencies that should be charged with their care: the Department of Defense and the Veterans Administration.

Georg Andreas Pogany, biography

Robert Alvarez, Chief Operating Officer of USJAG, enjoins other members of Congress to sign on and support their fellow members and push for a meaningful, bi-partisan investigation. There exists no more important social contract than that of military service and we continue to commit gross violations of that sacred contract in wholesale fashion. USJAG will be holding a press conference in the near term to push for definitive and concerted action.

About USJAG
The Uniformed Services Justice & Advocacy Group's (USJAG) mission is to keep the promise made by political and military leaders to our nation's warriors. We hold accountable those who have a duty and responsibility to live up to and honor the sacred promise to all members of the United States Armed Forces, its veterans and their families, " …to bind up the nation's wounds, to care for him who shall have borne the battle…" by advocating on behalf of those who have honorably served this nation while providing them with comprehensive legal, forensic and investigative services in any and all administrative and judicial proceedings; to defend and protect their service connected benefits as well as preserve the continuity and delivery of proper and appropriate healthcare; to educate the public on all issues, needs and concerns facing this nation's warriors; and to give them back to their communities and families with the dignity, honor and support they deserve. The Uniformed Services Justice & Advocacy Group (USJAG) is a nonpartisan non-profit legal services corporation.

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