Puckett & Faraj

Puckett & Hill, Afghanistan Dec 2008

Captain Roger T. Hill, left active duty on 30 June 2009.  The Army extended him for 90 days to run tests on his debilitating combat injuries suffered in nearly 8 years of service.  CPT Hill’s outstanding military service came to a halt when he allowed the rough handling of detainees in a Camp on the border of Afghanistan and Pakistan.  The Army charged him with a violation of the Geneva Convention.  Military Lawyer, Neal A Puckett, traveled to the front lines to defend CPT Hill in an Article 32 investigation.  Mr. Puckett inquired of the government, right before he left the combat zone, of the possibilities of non-judicial punishment instead of a general court-martial.  The government ignored his request until they reviewed the initial draft of the Article 32 and then called Mr. Puckett upon his return stateside to obtain an immediate agreement for military non-judicial punishment.

Resignation for the Good of the Service
Per the agreement, CPT Hill agreed to resign his active duty regular commission for the “Good of the Service,” as required by Army Regulations.  No one in his chain of command understood the Department of Veteran Affairs little known 38 Code of Federal Regulations 3.12, which states that when officers resign for the good of the service, no matter what discharge characterization they receive, they are not eligible for VA Disability Benefits.

Living with Afghan Spies
CPT Hill admits his errors in trying to secure the safety of his men, outnumbered 200 to 1, and living with Afghan spies on the post who were exposing their every movement to the Taliban.  He pleaded with Army headquarters to move the detainees where they could be secured and not returned to the streets before the 96-hour detention time limit had expired.   With the clock ticking down to the release hour, CPT Hill took some detainees into the yard and fired shots into the ground, simulating execution to fool those remaining inside in order to convince them to confess.  Those detainees inside started to talk and give the information that implicated them.  For this, safeguarding the lives of his men, he resigned his commission and now has lost his disability benefits from the VA.

Losing VA Disability
CPT Hill’s injuries are such that he will be disabled the rest of his life and suffer pain constantly.  He received those injuries in training and on the battlefield, and readily accepted responsibilities for his military actions in an attempt to save the lives of his men.  For that, he lost his commission and a promising career in the Army.  He should not lose the VA Disability compensation he deserves.

Fighting for VA Benefits
His military lawyer, Neal A. Puckett, continues the fight to restore CPT Hill’s VA Disability Benefits.  Recently Puckett & Faraj PC presented the SECARMY a novel, creative legal option for the Army to restore CPT Hill’s benefits.  However, the SECARMY declined to take the option.  The next step Puckett & Faraj, PC will take in correcting the system’s failure to provide CPT Hill his VA Benefits, is to apply for VA benefits under CPT Hill’s honorable discharge for service as a Cadet at West Point.  Another approach is an appeal to the VA for award of disability payments, as an exception to 38 CFR 3.12.

Military Defense Attorneys – Puckett & Faraj, PC
The Law Firm of Puckett & Faraj, PC, defend the rights of all military members and work to support the fair treatment of our brave men and women.  If you or a member of your family is being investigated by the military, please call our toll free number for a free consultation, 888-970-0005; or contact us via Email.  Your questions will be answered and all communication is protected by the attorney-client privilege.