Puckett & Faraj

The Law Firm of Puckett & Faraj, PC announces the expansion of the Law Firm and the opening of a new office in Alexandria Virginia. The Firm’s Partners, Neal A. Puckett, Esq. and Haytham Faraj, Esq. welcome a new partner, Eric S. Montalvo, Esq., of counsel attorney Peter R. Masciola, Esq. and a new office manager, Mr. Kenneth Nicholson.

We are a general litigation firm with over 100 years of combined professional and legal experience. We focus our practice on representing clients in federal courts, military courts and administrative boards. We help our clients get their lives back by defending them against criminal charges in certain state, federal and military courts. We also specialize in representing clients who have been injured by the negligence of doctors in Military hospitals, VA hospitals and other federal medical facilities. We also represent federal government employees in all matters related to their federal employment including termination, suspension, denial of benefits, work place harassment, denial or revocation of security clearances and other employment related matters.

Mr. Eric S. Montalvo, is a retired Marine Corps judge advocate and brings over 23 years of experience to military criminal and administrative law, national security law, USERRA actions, as well as Discharge Upgrades and Board for Corrections of Military and Naval Records. Mr. Peter R. Masciola is an attorney specializing in military medical malpractice, Federal Tort Claims Act, Military Claims Act, military accidents, military healthcare provider credential adverse actions or serious personal injury. Mr. Kenneth Nicholson is a retired Marine staff non-commissioned officer who brings over 22 years of experience to the Firm.

The new office is located across from the King Street Metro Station in the building known as King Street Station (above Joe Theismann’s Restaurant) at 1800 Diagonal Road, Suite 210, Alexandria, VA 22314. We can be reached from 9 AM to 5 PM Eastern time at 703-706-9566.

On Monday, 21 Sep 09, the Navy convened a Chief’s review board of 6,000 E7, E8 and E9 records. Similar to the Army’s Quality Management Program, the Navy is reviewing six specific performance criteria that could separate or retire these Sailors.

Six Substandard Navy Performance Criteria

Substandard performance indicators include declining performance marks on FITREPs, a score of 2.99 or below on FITREPS, two or more physical fitness assessment failures in 2 years, moral or professional dereliction such as detached for cause, documented actions under the UCMJ or any other documented adverse information indicating a Sailor’s continuation may not be consistent with national security or the in the Navy’s best interests.

Army Quality Management Program

This follows the Army’s announcement of its QMP boards being held this fall. This push for quality management boards is a means for the Services to manage the number of military members in each of the ranks.

What to Do to Correct Your Records

If you have an adverse event documented in your records, find out if it is a temporary entry or permanent and contact your personnel office to find out if there is a way to correct your records at your local installation. If not, the best means to change your record is through a Board for Corrections of Military/Naval Records.

Board for Corrections of Military/Naval Records

To ensure that you have the opportunity to complete 20 years of service for a military retirement, it is imperative that your military records be correct and accurate. Correcting military records begins with an Application for Correction of Military Records (DD Form 149 – Link downloads the pdf form). The form requires a statement from the military member on the requested correction and documentation that supports the request. Each of the Services has a board that reviews these requests.

Researchers are identifying common symptoms and diagnoses of Post-Traumatic Stress Disorder (PTSD) for our military members who are exposed to traumatic events experienced or witnessed in combat situations. There is an alliance of organizations working to set up “veteran courts” for non-violent criminal actions against returning military members based on their PTSD symptoms.

War Trauma Induces A Response

Military members who experienced, witnessed or were confronted with death, serious injury or the threat of death or serious injury in Iraq or Afghanistan have several symptoms. The trauma caused the military member to feel intense fear, helplessness or horror; whether they admit it to family and friends or not.

PTSD Symptoms

Researchers identify re-experiencing the trauma through nightmares, flashbacks or replaying the event in their minds. Military members avoid anything that can remind them of the event, refuse to talk to people that were there, block memories from their minds, stop participating in activities and could withdraw from family and friends. Other symptoms include difficulty sleeping, being irritable or nervous, are prone to outbursts of anger or unable to concentrate and may constantly be looking over their shoulder for danger.

Diagnosis of PTSD

The medical analysis of symptoms that last less than a month is a diagnosis of acute stress disorder and any symptom lasting over a month is considered PTSD. PTSD can be acute (lasting less than three months) or chronic (lasting at least six months). Additionally, PTSD can have a delayed-onset by a military member not showing symptoms until he or she has separated from the military.

PTSD Impact on Civilian Courts

Some civilian courts are providing specialized “veteran courts” for those who served and suffer from PTSD or Traumatic Brain Injuries (TBI). These courts are modeled after drug courts that allow defendants to avoid prison in exchange for strict monitoring of their activities. The first veteran court was opened in Buffalo, NY in January 2008. More than 100 veterans have passed through that court, with only two returning to the traditional court system. The courts take into account their PTSD or TBI as a possible contributing factor to their actions. This approach to civilian, non-violent rehabilitation of veterans should be in every state.

PTSD/TBI in Military Justice Courts

Military justice courts may consider the PTSD and TBI issues when determining sentencing is dependent upon the defense attorney’s ability to provide the medical diagnosis and relate it to the crime. However, most enlisted military members who are faced with court-martial are not afforded the same opportunity for non-violent crime sentencing as the civilian “veteran courts.” Maybe it is time for DoD to consider the value of the military member and institute a similar procedure and process to rehabilitate military members whose actions were influenced by their diagnosis of PTSD or TBI.

Captain Roger Hill, USA, the West Point graduate and company commander in Afghanistan, who had known insurgents in his camp, has been separated from the Army as of 31 June 2009. Capt Hill’s resignation in lieu of court-martial was accepted by the Secretary of the Army and his service to this country remains characterized as a “general under honorable conditions” discharge.

General Under Honorable Conditions

Captain Hill offered his resignation in December 2008 after an Article 32 hearing in Afghanistan. The “general under honorable conditions” discharge normally qualifies for Veterans Administration benefits including disability pension, health care, and death benefits. An exception to this policy is found in 38 USC § 5303(a); it states an officer who resigns for the good of the service is barred from most of the Veteran’s benefits.

Combat Injuries

In Captain Hill’s case, his injuries suffered while at West Point and subsequently aggravated by parachute qualification and combat duty in Iraq and Afghanistan may not qualify for a VA disability pension. The Army held him on active duty for an additional 90 days this spring to assess his combat injuries. His doctors assessed his neck and back injuries as severe enough to qualify for significant disability compensation from the VA. However, due to his resignation for the “good of the service,” he may only be eligible for care at a VA hospital as his constant pain dictates.

SecArmy Denies Upgrade of Discharge

The Secretary of the Army could have upgraded his discharge to “honorable” but chose to let the “general under honorable conditions” characterization stand. During his 90-day extension on active duty, he submitted another request for resignation, void of any reference to disciplinary actions by the Army and thus not for the “good of the service.” The detainee abuse charges had been dropped in December 2008. The Secretary of the Army had the discretion to approve this second resignation request, but he declined to do so.

Civilian Roger Hill

Captain Hill is currently seeking a job Southeast United states. He has requested copies of all of his military records and upon receipt of them, he will apply to the Veteran’s Administration for all the benefits available to him including a request for exemption for a disability pension.

More Than Brothers

The More Than Brothers website outlines the current status of Capt Hill and his men of Dog Company. Some faced courts-martial and are still fighting to clear their names. Donations are welcome to support the families of Dog Company including the two Soldiers who lost their lives to the insurgents who were spying on them within the camp.

The Army has reached it’s end strength numbers and believes it can easily reach the additional 22,000 SECDEF authorized last month. It is reinstating its Qualitative Management Program (QMP) that screens E-6 to E-9 records for any behavioral or legal problems and then separates those Soldiers.

Qualitative Management Program

The Department of the Army defines the program in AR 635-200 as an administrative tool to deny reenlistment to substandard Soldiers. They will phase in the program by reviewing all E-6 to E-9 records beginning this fall specifically all documentation since the Soldier’s last promotion board for any substandard performance documented with non-judicial punishment (Article 15), General Officer Reprimands (GOMORs) or poor career evaluations in any category. The purpose of the QMP is to separate the Soldier from the Army.

Appeal Process

Soldiers identified by the QMP for separation must reply within 60 days with either an appeal of the decision; acknowledgment of their pending separation from the Army; request for immediate retirement if eligible, or a request to extend to retirement if the Soldier has over 17 years and 9 months of service and an expiration of term of service (ETS) that extends beyond 20 years. Appeals must argue material error or improved performance along with a favorable chain of command endorsement. The process is outlined in AR635-200.

Post Legal Assistance Office

Soldiers who’s records may go before a QMP should review their OMPF for accuracy and if there is adverse information, prepare a response upon notification of the QMP with the help of the post Legal Assistance Office. Your ability to show improved performance and value to the Army after an adverse entry in your OMPF may save your career.