The Chairman of the Joint Chiefs of Staff (CJCS) is supporting efforts in DoD to define the number of traumatic brain injuries or concussions military members suffer before they are pulled out of combat to recover, serve in the military camps or be returned to the US.

Multiple TBI Events Trigger Reassignment

Multiple concussive events could trigger reassignment from the front lines. COL Macedonia, the CJCS’s medical science adviser estimates that if the number of concussive events was set at three, there would be 150 – 400 of the 15,000 to 20,000 military members in Afghanistan reassigned. The Marines already have a policy in place to pull troops out of combat based on a history of multiple concussions during a tour.

Symptoms of TBI and PTSD

Patients with TBI are at increased risk for psychiatric disorders compared to the general population. Those disorders could include depression and Post-Traumatic Stress Disorder (PTSD), which affects behavior. Patients experience flash backs, avoid anything linked with the event including friends, have difficulty concentrating and are agitated and irritable, show signs of anger, depression, abuse alcohol or other substances. These effects on behavior can extend to criminal activity. The military courts are beginning to recognize the effects of TBI as a contributing factor to criminal activity. Several state bars and judicial systems have begun “Veteran Courts”, to manage sentencing of offenders who have demonstrated PTSD and TBI symptoms.

TBI/PTSD in the Courtroom

Recognizing and getting medical assistance for any TBI or PTSD is crucial to the well being of military members. If a family member or friend is being charged with a crime in the military, make sure their military attorney knows about any possible TBI events during their deployment and tell the military lawyer about any PTSD symptoms you’ve noticed since their return. A military member suffering with TBI and/or PTSD may not effectively assist in their military defense during a court-martial.

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.

The spotlight is on Soldiers and former Soldiers accused of over a dozen slayings in the Colorado Springs, CO area near Fort Carson. These men are charged with violent crimes and a military study suggests a relationship between increasing levels of combat exposure and the risk of negative behavior in the community. Why didn’t the military justice system take care of these Soldiers before they committed crimes in the community?

Military Justice is a Commander’s Program

Military justice is a commander’s program; in other words the commanders exercise discretion on deciding if an offense should be charged and how offenders should be punished. When faced with an increasing escalation of behavior in a Soldier, a court-martial is the final step in a series of remedies available to ensure good order and discipline. Options include Wounded Warrior programs, behavioral counseling, medical treatments, alcohol and drug abuse counseling, and family support programs among others. The military legal processes are used when a crime as defined in the Uniform Code of Military Justice is allegedly committed.

Combat Related Stress Diagnosis

Programs, that support military members, are more limited or simply not available in a combat zone. The Commander’s must observe and identify those Soldiers with behavioral problems and get them the help then need. This may mean returning the Soldier to the home duty station for full diagnosis and support. Each individual’s case is different regarding the options for influencing possible negative behaviors.

Mental Issues in Court-Martial Defense

Military justice considers all the possible reasons for behavior and in some cases, gets a medical diagnosis of mental issues. A medical diagnosis can help in the defense of a military member and his or her sentencing if found guilty of a crime. If there is any indication of combat stress in a military member, those need to be shared with the military criminal defense attorney to determine the best options for defense.

Secretary Gates answered questions about Army deployment cycles in a town hall meeting at Fort Drum this week.  He had no specific answers regarding continuing and uneven shouldering of deployment lengths by brigades except to announce on July 20th an increase in Army personnel by 22,000.  The stress of continuous rotations into the battlefield can result in posttraumatic stress disorder (PTSD).

What is PTSD?

According to the National Center for Posttraumatic Stress Disorder, PTSD is an anxiety disorder that can occur after you have been through a traumatic event such as combat.  All people with PTSD have lived through a traumatic event that caused them to fear for their lives, see horrible things, and feel helpless.  They may try to avoid situations or people that trigger memories of the traumatic event. They may even avoid talking or thinking about the event.  Some people develop more severe systems that could affect their daily lives.

PTSD Impact on Military Careers

Family members can help monitor loved ones and counsel them when they begin to feel the anxiety of repeated deployments.  The military legal system gets involved when that military member chooses to not report for duty resulting in an unauthorized absence.  UA or AWOL is a serious military justice infraction.  Military members can return after being gone less than 30 days and most probably receive non-judicial punishment and can finish their military obligation or careers.   UA or AWOL for over 30 days most often results in a other than honorable discharge from the service.  This could make them ineligible for most Veterans Administration benefits.

Act Before the Military Justice System Does

If you are a family member of a military member and notice any of the symptoms of PSTD, encourage him or her to talk to the mental health professionals, chaplains and his or her immediate supervisor.  Get that person the help needed prior to having to deal with unauthorized absence or AWOL and the possible life-long results when the military justice system is involved.

Army Vice Chief of Staff General Peter Chiarelli has directed Army commanders to do a better job of getting drug and alcohol offenders into treatment or separated from the Army.

Military Criminal Defense

Any drug use or alcohol abuses are criminal offenses in the military legal system.  Receiving a charge sheet with these offenses, especially on the battlefield in Iraq and Afghanistan, means our Soldiers, Marines, Airmen and Sailors could end up with a federal conviction that will haunt them the rest of their lives.

Treatment or Court-Martial

The Army Times Article, dated June 8, 2009, states the Army is cracking down on violations and emphasizing reporting requirements.  It could mean increased inspections of barracks rooms and more visits to our Soldier’s off-post homes to make cursory evaluations of their living conditions.   If the Army begins inspecting private homes off-post they dangerously verge on stepping over and violating constitutional rights.  They must first have evidence of abuse and request and receive a civil court order to enter the property.  Otherwise, the evidence they seize will likely be inadmissible in any subsequent court-martial proceedings.

Battlefield Stress

Our military members are under extreme stress as they return to the battlefield for their fourth and fifth tours.  It is incumbent on military commanders to safeguard our military men and women and get them the help they need in dealing with the stress.  The Law Firm of Puckett & Faraj, PC, specializing in military criminal defense, would hope the Army focuses on getting these Soldiers into treatment rather than taking them to a court-martial.  Only by treating these unseen wounds will the Army truly be taking care of their own.  We have extensive experience in working with service members who are suffering from post-traumatic stress disorder, as well those who have succumbed to the temptations of illegal drug use or alcohol abuse.

The dramatic case of a National Guardsman who fragged his commander in Iraq in 2005 began in a Fort Bragg Courtroom yesterday.  During voir dire one of the jurors got himself eliminated by asking an inappropriate question of the judge and then got himself eliminated one he he protested the defense lawyer asking a similar question.  The void dire phase of a trial, including military trials is one of the most important phases in a trial.  It is where the jurors get their first introduction to the case and where the lawyers begin to build the credibility that is necessary to winning any case.

Neal Puckett and Haytham Faraj are criminal defense and general litigation attorneys and partners in the The Law Firm of Puckett and Faraj.  They have decades of experience in defending military members in courts-martial and administrative hearings.  They are also premier trial attorneys who have represneted  clients in a variety of cases.

Cisse’s chief attorney, Neal A. Puckett, insisted the death was a case of negligent homicide. He said he will submit evidence that Cisse, who served two terms in Iraq, suffers from post-traumatic stress disorder.

Here’s a link to the final story about the case: Read the article