Running head: “DON’T FAIL ME NOW!

” THE VETERAN CRIES 1

“Don’t Fail Me Now!” the Veteran Cries: an Analysis of Justice-Involved Veterans, Their

Current Situation and The Help They Need Provided

Evalise Pacheco

Legal Studies Academy

“DON’T FAIL ME NOW!” THE VETERAN CRIES 2

Abstract

A legal research paper exemplifying the link between combat military service to mental health to

involvement in the criminal justice system. Presents the issue of justice- involved veterans as

well as exhibits a solution found in Veterans Treatment court. Overall proving the situation and

advocating for the use and constant improvement of Veterans Treatment court.
“DON’T FAIL ME NOW!” THE VETERAN CRIES 3

“Don’t fail me now!” The Veteran Cries: An Analysis of Justice-Involved Veterans, their

Current Situation and the Help They Need Provided

It has been concluded that many veterans come home from their time of service with

physical and mental disabilities which can make the transition from military life to civilian life

more difficult. It is in these times that veterans can become involved in the justice system. The

justice system, unfortunately, can fail to provide true help for these veterans by not considering

their service as a cause for their mental state and overall actions (Knudsen & Wingenfeld, 2016).

The current status quo fails to benefit justice- involved veterans. Veterans Treatment court is a

solution which provides justice, mental health treatment, job training, housing, transportation and

more for those justice- involved veterans.

Military Service

First to address and fully understand the situation at hand one must understand the

veterans community and what makes and qualifies one as a veteran.

Types of Discharge

A veteran is a person who has served in the military. There are currently 5 ways to be

discharged from the military.

Honorable discharge. This kind of discharge is reserved for service members who have

done an exceptional job in their service to the military. It is with this kind of discharge, that

many veterans can obtain educational and health benefits and other benefits given by Veterans

Affairs ("Discharges and Their Effect on Veteran Benefits," 2015).

General discharge under honorable conditions. Similar to honorable discharge,

general discharge under honorable conditions allows for military and veterans benefits to be

accessed. However, this kind of discharge is different from honorable discharge, and so some
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educational benefits may not be available to those with general discharge. Overall, this type of

discharge is granted to those whose service in the military was sufficient for a discharge

("Discharges and Their Effect on Veteran Benefits," 2015).

Other than honorable discharge. Also known as the OTH discharge, is reserved for

those whose conduct and overall service in the military caused for a more direct and sobering

process of leaving. Those who receive an other than honorable discharge, much unlike honorable

discharge, will most likely not receive any benefits from their service ("Discharges and Their

Effect on Veteran Benefits," 2015). In 2014 the Department of defense found that ¨4,143 service

members received other-than-honorable discharges¨ (Salter, 2015).

Bad conduct discharge. When a criminal trial is conducted on a service member, a bad

conduct or punitive discharge is given by a court martial to signify their departure from the

military. In all of these cases benefits are not guaranteed and can be decided upon by the

Department of Veterans Affairs. ¨637 [service members] received bad conduct discharges¨ in the

year 2014 according to Major Ben Sakrisson of the Department of Defense (Salter, 2015).

Dishonorable discharge. The last kind of discharge allows no leniency in receiving

benefits of any kind. Within the year 2014, a total of 157 service members received this

discharge along with the trial conducted by a general court-martial. Dishonorable discharge is the

last form of departure and considered to be the worst as it is reserved for those who deserted their

military duties, commit rape, or commit murder (Salter, 2015).

Types of Veterans

As there is a difference in discharges from the military, there is also a difference in the

type of veteran one can be: non combat and combat.

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Non-combat veterans. Veterans who have served in the military but have never

experienced combat, non- combat veterans, were found to not have experienced many of the

problems that combat veterans face. (Thomas, Harpaz-Rotem, Tsai, Southwick, & Pietrzak,

2017).

Combat veterans. Veterans who have served in the military and have experienced

combat, combat veterans, were found to have struggled through depression, post traumatic stress

disorder, suicide, and substance abuse (Thomas, Harpaz-Rotem, Tsai, Southwick, & Pietrzak,

2017).

Different service eras and their effects. It was found that with each different service era,

there are different percentages of veterans who suffer from the effects listed before. Within the

National Vietnam Veterans Readjustment study conducted in 1980, it was found that, “ 30% of

Vietnam Veterans have had PTSD in their lifetime.” Of the Gulf War or Desert Storm era it was

concluded, “about 12 out of every 100 Gulf War Veterans (or 12%) have PTSD in a given year.”

The study of the most recent service era, Operations Iraqi Freedom and Enduring Freedom,

stated, “About 11-20 out of every 100 Veterans (or between 11-20%) who served in OIF or OEF

have PTSD in a given year” ("PTSD: National Center for PTSD," 2007). Many veterans in 2017

have claimed to have had or experienced combat within their times of service, a total of 38

percent of the population was recorded to actually have experienced it (Thomas, Harpaz-Rotem,

Tsai, Southwick, & Pietrzak, 2017).

Health Problems
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Altogether there is a wide range of health problems that occur in veterans which can be

attributed to their service in the military. These problems can present themselves in many forms,

but can easily be categorized into physical or mental health problems.

Physical Injuries

These are included, but are not restricted to, traumatic brain injury, spinal cord injury,

and amputation. Within the recent service era, Operations Iraqi Freedom and Enduring Freedom,

military personnel frequently come in contact with blasts. As a result increasing the number of

veterans who become affected by these physical problems. This is a situation which has occurred

for some time now, so much so that many departments and federal agencies such as the

Department of Defense (DoD) and Department of Veterans Affairs (VA) has begun working to

help the many individuals who suffer from these physical injures (Pasquina, Emba, Corcoran,

Miller, & Cooper, 2017).

Mental Injuries

Mental health problems include, but are not restricted to, such examples: post traumatic

stress disorder, depression, substance abuse and more. A study conducted by the Journal of

Rehabilitation Research and Development, found that 29.3% of veterans who served in the most

recent service era, Operations Iraqi Freedom and Enduring Freedom, were found to have

posttraumatic stress disorder (Cifu et al., 2013). Numerous studies have been conducted and have

found one thing to be true: service in the military can cause mental problems. It is because of

these numerous studies that is has been concluded that those diagnosed and not, have

experienced some sort of trauma that, therefore, results in an alteration in their overall character

and behavior (Knudsen & Wingenfeld, 2016).

Criminal Involvement
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The link between both combat service and health problems has been made. In order to

fully complete the presentation of the situation, the connection between all three must be

presented.

Type of Criminal Offenses

Overall, here is a wide range of crimes which can and are committed by veterans. In a

study conducted by the Center for Health Care Evaluation and Veterans Affairs Palo Alto Health

Care System, found that there are three major classification of crimes that veterans fall under:

Violent crimes, drug offenses and property offenses. It was found that 36% of incarcerated

veterans committed a violent crime. Followed by drug offenses, where 21% of incarcerated

veterans were convicted of. Lastly, 20% of the incarcerated veterans population committed

property offences (Blodgett, Fuh, Maisel, & Midboe, 2013).

Ahlin & Douds, 2016, verifies the existence of the link between combat service and health

problems to criminal involvement:

For many veterans, deployments entail damaging physical and psychological

consequences, including anxiety, depression, and post traumatic stress, substance use or

dependence , traumatic brain injury and other wounds, and homelessness. These

problems are not isolated to veterans of the modern era; veterans from pre-9/11 conflicts

remain at risk for psychosocial health problems even decades after their period of service.

The concurrence of these psychosocial problems and their associated cumulative

disadvantages place some veterans at risk for becoming involved in the criminal justice

system. Recent estimates suggest that over 700,000 veterans are in the corrections

system. Veterans as a group comprise approximately 9 % of the inmate population, with

more than 5000 veterans of recent conflicts serving time in state and federal prisons.
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Rigole v. Berryhill, Dist. Court, D. Oregon 2017

In the case of Rigole v. Berryhill, the plaintiff William M. Rigole, II appealed to the

United States District Court, D. Oregon, to review the decision of the Commissioner of Social

Security. The decision under review was that Mr. Rigole did not qualify for Disability Insurance

Benefits (DIB) under the Social Security Act. The plaintiff had served from 1999 to 2004 during

the Operations Iraqi Freedom and Enduring Freedom service era. It was after these years of

service that the plaintiff was found to suffer with multiple medical disabilities by Veterans

Affairs. It was determined that the plaintiff was 80% disabled by Veteran Affairs, based on the

fact that the plaintiff suffered from both combat related post-traumatic stress disorder and

keratoconus. Keratoconus is a medical condition where the cornea shape is altered causing light

to easily enter the eye blurring vision and making everyday tasks harder (Boyd, 2017). The

keratoconus also was a main reason why the plaintiff lost his occupation as a trauma surgical

technician. In the end, the court reversed the Commissioner of Social Security’s original

decision, accepting the application submitted by William M. Rigole, II, to qualify for the

Disability Insurance Benefits (DIB) under the Social Security Act (Rigole v. Berryhill, 2017).

Rigole v. Berryhill is just one of many cases proving the link between military service and health

problems does exist. Unfortunately, not all cases conclude in the same way as Rigole v.

Berryhill. Not all veterans gain the services and justice they ought to be provided. An example

can be found in the case Krueger v. U.S Dist. Court, ED Michigan.

Krueger v. U.S Dist. Court, ED Michigan 2017

Within the case Krueger v. U.S Dist. Court, ED Michigan (2017), as a result of his

service, the plaintiff Brian Krueger lives his life with extreme post-traumatic stress disorder,

bipolar disorder, and anxiety. Upon trying to utilize the benefits he was guaranteed from the
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Department of Veterans Affairs, the plaintiff was met with an unnecessary obstacle by being

flagged as a behavioral threat. Such action impeded his ability to receive the benefits he was

guaranteed and needed. The plaintiff was enrolled in the program U.S. Department of Housing

and Urban Development-VA Supportive Housing or HUD-VASH, which helped to provide

housing for homeless veterans. After three months of being placed at a location, no bills were

paid by the program, and the plaintiff was forced to vacate the home. In trying to contact the

Veterans Affairs (VA) to gain his guaranteed benefits from the HUD-VASH program, he was

cited for malicious use of a telephone, and flagged as a “dangerous individual.” Overall, the

claims made by the plaintiff did not meet the exclusive jurisdiction needed to be considered a

tort, and therefore, the claims were dismissed (Krueger v. United States). The case of Krueger v.

U.S Dist. Court, ED Michigan (2017), is a prime example of the link between combat service to

health problems to criminal involvement.

The Effects Incarceration has on Veterans

As the link between combat service and health problems to criminal involvement has

been proven, it is an example why the status quo of incarceration, and courts are not beneficial

for veterans. Courts that are specific to a group of special cases, people, and laws are called

Specialized courts (Zimmer, 2009). Some specialized courts include, but are not excluded to,

Drug Court, Mental Health Court, Homelessness Court, and Other Problem Solving Courts

(National Institute of Justice, "Specialized Courts," 2017). Individuals who suffer from

depression and anxiety would fit in Mental Health Courts, and those who are addicted to any

drug of choice would go to a Drug Court. These courts prove to be beneficial for individuals who

fit the courts criteria. Veterans as well are a specific group of people with special cases; however,

they are far too often grouped with these other specialized courts. When placing a Veteran into
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these other problem solving courts, they are then surrounded by people who are not like them.

People who do not and will not understand what the veteran went through to be the way they are

now, and therefore, the treatment of these court does not prove beneficial for the veteran (Ahlin

& Douds, 2016).

Solutions

With all the problems presented, it can seem nearly impossible to right every wrong.

However, there is a solution that is currently in effect and has been proven to benefit veterans in

ways regular and specialized courts cannot. Veterans Treatment court is a reasonable and

effective solution to improve the treatment of veterans through the justice system.

Veterans Treatment Court

From a collection of legal professionals, members of law enforcement, community

organizations, and veterans advocates came the idea for veterans treatment court. Within the year

2008 came the first veterans treatment court.

The National Center for PTSD, 2007 clearly states the purpose and positive results:

Veterans Treatment Courts are based on the Drug Court and Mental Health Court models

introduced in the 1990s (2). As in these models, the goal is to divert those with mental

health issues from the traditional justice system and to give them treatment and tools for

rehabilitation and readjustment. While each Veterans Treatment Court is part of a

community's justice system, treatment courts often form partnerships with VA [Veterans

Affairs] and with Veterans' organizations. Since the first Veterans Treatment Court was

established in 2008, the number of courts has been growing fast. By August, 2010, there

were 41 Veterans Treatment Courts in the United States (2).

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As of June 30, 2016, it was recorded that there were 461 Veterans Treatment Courts and other

veterans focused programs within the United States (Flatley, Clark, Rosenthal, & Blue-Howells,

n.d.). The program helps veterans by providing them with the health care and help that they

need as an alternative to incarceration, which could lead to a repetition of the vicious cycle

known to justice-involved veterans.

Effectiveness of Veterans Treatment Courts. The solution presented, Veterans

Treatment court, is a solution that has proved effective, and beneficial by helping veterans to

rehabilitate in a safe and understanding environment. A study was conducted in 2016 by the

Community of Mental Health in order to test Veterans Treatment courts and their efficacy. The

study was conducted on 87 combat and non-combat veterans, ages ranging from 18 to 60 and

older. Each individual had served in at least one or more of the following service eras:

Iraq/Afghanistan, Gulf War/Middle East, Post-Vietnam era, and Vietnam era. Each individual

had experienced different levels of post- traumatic stress disorder, depression, substance abuse

and anxiety. All the participants, lastly, had some type of criminal history. The study was

conducted over a span of six months to 12 months, where each participant partook in the

Veterans Treatment court. With all the data that was collected, the Community of Mental Health

concluded that “[Their] findings suggest that involvement in Vet Court services produce

sustainable improvements in recovery and PTSD for participants.” Overall the court proved to

benefit each individual who participated, all with the collective use of different trauma

treatments, mentor systems, and clinical treatments. Within the conclusion of all the data it was

stated that not only do the services themselves benefit these individuals. The mere fact that the

treatment is an alternative to other hypothetical punishments the court could possibly provide
“DON’T FAIL ME NOW!” THE VETERAN CRIES 12

allows for individuals to be more willing to comply and overall allows the programs to help them

(Knudsen & Wingenfeld, 2016).

Individuality of Veterans Treatment Courts. There are multiple other different

specialized courts. As addressed before, there are specialized courts such as Drug Court, Mental

Health Court, Homelessness Court, and Other Problem Solving Courts (National Institute of

Justice, "Specialized Courts," 2017). Seeing as veterans are mainly incarcerated for violent

crimes, drug and housing offenses, the question can be posed as to why veterans can’t be placed

into these already established courts (Blodgett, Fuh, Maisel, & Midboe, 2013). What makes

Veterans Treatment courts different and essential is something called the veterans culture. A

study was conducted by the Southern Criminal Justice Association in 2016. The focus and goal

of the study was to understand what made Veterans Treatment court so effective and unique. The

overarching answer to that question was the idea of veterans culture (Ahlin & Douds, 2016).

Lawrence Spruill, a non-combat veteran who served in the United States Marine Corps Reserve

from 1985- 1993, stated that leaving the military can be described as “Loss of community” and

“Loss of family” (L. E. Spruill, Personal communication, October 27, 2017). This links directly

to the idea of veterans culture. Service members hold an honor to their service and fellow service

members. Veterans Treatment Court utilizes this culture by having veteran mentors guide and

share the experience with their fellow service members, structuring the life of the veterans, and

having rules set in place. Thus repurposing the military subculture to create the veterans culture

which helps to encourage and encite true participation and healing from the courts (Ahlin &

Douds, 2016).

Solution in comparison to other countries. The United States is not the only country

with veterans, and therefore, should not be the only country with this situation. However, the
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United States is the only country which stresses and/or addresses this problem. The United

Kingdom acknowledges the link between combat service and mental health. However, the link

between the combat service and mental health to criminal involvement is not outwardly

expressed. The United Kingdom is also ruled by a different type of law system. Veteran

Treatment Court, therefore, is not something that has been addressed by the United Kingdom’s

Government ("Veterans UK," n.d.). The United Kingdom has specialized courts, however, none

are put in place to benefit veterans. The United Kingdom specialized courts specifically deal

with patent issues, trademark disputes, technical construction cases, admiralty cases and

international contract disputes ("Specialized Courts," 2017) .

Veterans Treatment Courts today and in the future. Since the time Veterans

Treatment Courts have begun, their benefits and aid to the veterans community has been

unmeasurable. However, even though they have been helpful does not mean there is not room for

improvement. A comforting notion is the fact that there are steps being taken to better the good

system currently. In 2017 two bills were presented before the House of Representatives as a way

to better the already existing courts. The Veterans Treatment Court Improvement Act of 2017 is

a presented bill looking “To require the Secretary of Veterans Affairs to hire additional

Veterans Justice Outreach Specialists to provide treatment court services to justice-involved

veterans, and for other purposes.” (H.R. 2147, 2017). The Veteran Treatment Court

Coordination Act of 2017 aswell was introduced as a bill that would look to “direct the Attorney

General to establish and carry out a Veteran Treatment Court Program” (H.R. 4345, 2017).

Conclusion

Based on all the evidence showed, it can be concluded that veterans come home from

their time of service with physical and mental disabilities which make the transition from
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military life to civilian life difficult. It is in these times that veterans become involved in the

justice system. The justice system fails to provide true help for veterans by not considering their

service as a cause for their mental state and overall actions (Knudsen & Wingenfeld, 2016). The

current status quo fails to benefit justice- involved veterans. However, it was also concluded that

a solution is available. Veterans Treatment court is a solution which provides justice, mental

health treatment, job training, housing, transportation and more for those justice- involved

veterans.

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