Law review articles, Former Servicemember's Benefit Eligibility Following Involuntary or Punitive Discharge

http://www.loc.gov/rr/frd/Military_Law/Military_Law_Review/pdf-files/214-winter-2012.pdf

“The number of servicemembers with undiagnosed and untreated psychological wounds of wars increases with each passing day. Associated with this general dilemma is the unconfirmed but highly suspected and logical connection between untreated mental illness and criminal offenses committed by combat veterans with specialized training in the art of war. Following each combat campaign, some former servicemembers who have been discharged from the service for misconduct also suffer from psychological conditions brought about by combat trauma. Despite pleas for immediate intervention to address this subset of the larger population, rather than study of the issue, the military and the VA continue to encounter difficulty responding to the treatment needs of this population in a comprehensive manner. The major difficulty lies in the fact that servicemembers who are discharged for misconduct often receive service characterizations that make them ineligible for VA benefits despite pressing treatment needs and, often, prior valorous service in combat theaters.”

Long article

From: Robert P. Walsh [mailto:rpwalsh@sbcglobal.net]
Sent: Friday, August 02, 2013 3:23 PM
To: Carol Scott; culbertlaw@aim.com
Subject: Law review articles

From: Jess Barton
Sent: Friday, August 02, 2013 3:27 PM
To: Jess Barton
Subject: Law review articles

I’ve just received from Army Judge Advocate Maj. Evan Seamone courtesy copies of two law review articles in which many of you may be interested.

The first article, which truly is book length, is Beyond "T.B.D.": Understanding VA's Evaluation of a Former Servicemember's Benefit Eligibility Following Involuntary or Punitive Discharge from the Armed Forces, 214 Military L Rev 1 (2012). Maj. Seamone co-authored it with Army Judge Advocate Maj. John W. Brooker and Ms. Leslie C. Rogall. (Ms. Rogall is a deputy asst. general counsel with the federal Dept. of Veterans Affairs’ Office of General Counsel.) The article’s Introduction (footnotes omitted) states:

“The number of servicemembers with undiagnosed and untreated psychological wounds of wars increases with each passing day. Associated with this general dilemma is the unconfirmed but highly suspected and logical connection between untreated mental illness and criminal offenses committed by combat veterans with specialized training in the art of war. Following each combat campaign, some former servicemembers who have been discharged from the service for misconduct also suffer from psychological conditions brought about by combat trauma. Despite pleas for immediate intervention to address this subset of the larger population, rather than study of the issue, the military and the VA continue to encounter difficulty responding to the treatment needs of this population in a comprehensive manner. The major difficulty lies in the fact that servicemembers who are discharged for misconduct often receive service characterizations that make them ineligible for VA benefits despite pressing treatment needs and, often, prior valorous service in combat theaters.”

You can download the article here.

The second article, in which Maj. Seamone was the sole author, is Improved Assessment of Child Custody Cases Involving Combat Veterans with Posttraumatic Stress Disorder, 50 Family Court R 310 (2012). You can download the article here (but may have to pay to do so). The abstract to the article states:

“Despite increasing recognition that combat veterans' mental health needs demand a specialized approach to sentencing and adjudication in criminal courts, this lesson has yet to reach family courts. In child custody disputes, evaluators and judges would greatly benefit from a differentiated approach to service-connected ‘invisible’ wounds, which allows them to address the unique contextual factors surrounding each case, rather than applying a one-size-fits all approach to mental illness. Attributes of the proposed framework include: (1) avoidance of stereotypes and biases about military service and mental illness that often confuse custody appraisals and lead to error; (2) an expanded understanding of potential harm to the child posed by secondary trauma that need not be physical; (3) attributes of treatment programs oriented to trauma and tailored to gender differences; and (4) knowledge of comprehensive services available to veterans by virtue of earned entitlements that enable more responsive and effective interventions for all family members.”

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"Keep on, Keepin' on"  "Colonel Dan"
Dan Cedusky, Champaign IL, Col, USA, Ret,
Member: AM LEGION, DAV, AMVETS, MOAA, NGAUS, IL SAL, NGAIL,
NAUS, VFW Aux.
IL State Director The Uniformed Services Disabled Retirees (USDR)
Fellow at The Foreign Policy Research Institute (FPRI)

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