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C O N T E N T S
September 15, 2010

Personality Disorder Discharges: Impact on Veterans’ Benefits

OPENING STATEMENTS

Chairman Bob Filner
    Prepared statement of Chairman Filner
Hon. Steve Buyer

WITNESSES

U.S. Government Accountability Office, Debra A. Draper, Ph.D., M.S.H.A., Director, Health Care
        Prepared statement of Dr. Draper
U.S. Department of Defense:
    Lernes J. Hebert, Acting Director, Officer and Enlisted Personnel Management,
    Office of the Deputy Under Secretary of Defense (Military Personnel Policy)
        Prepared statement of Mr. Hebert
    Major General Gina S. Farrisee, Director, Department of Military Personnel Management, G-1,
     Department of the Army
        Prepared statement of General Farrisee
U.S. Department of Veterans Affairs, Antonette M. Zeiss, Ph.D., Acting Deputy Chief Patient Care Services Officer for Mental Health, Office of Patient Care Services, Veterans Health Administration
        Prepared statement of Dr. Zeiss

Luther, Sergeant Chuck, Killeen, TX
    Prepared statement of Sergeant Luther
Kors, Joshua, Investigative Reporter, The Nation. Magazine
    Prepared statement of Mr. Kors
Veterans for Common Sense, Paul Sullivan, Executive Director
    Prepared statement of Mr. Sullivan
Vietnam Veterans of America, Thomas J. Berger, Ph.D., Executive Director, Veterans Health Council
    Prepared statement of Dr. Berger

SUBMISSION FOR THE RECORD

Swords to Plowshares, Amy Fairweather, Policy Director, statement

MATERIAL SUBMITTED FOR THE RECORD

Post-Hearing Follow-up Information:

Clifford L. Stanley, Under Secretary of Defense (Personnel and Readines), U.S. Department of Defense, to Secretaries of the Military Departments, Memorandum Regarding Continued Compliance Reporting on Personality Disorder (PD) Separations, dated September 10, 2010

Post-Hearing Questions and Responses for the Record:

Hon. Bob Filner, Chairman, Committee on Veterans' Affairs to Joshua Kors, Reporter, The Nation. letter dated September 21, 2010, and Mr. Kors responses

Hon. Bob Filner, Chairman, Committee on Veterans' Affairs to Thomas J. Berger, Ph.D., Executive Director, Veterans Health Council, Vietnam Veterans of America, letter dated September 21, 2010, and response memorandum dated, October 29, 2010

Hon. Bob Filner, Chairman, Committee on Veterans' Affairs to Gene L. Dodaro, Acting Comptroller General, U.S. Government Accountability Office, letter dated September 21, 2010, and response from Debra A. Draper, Director, Health Care, letter dated October 6, 2010

Hon. Bob Filner, Chairman, Committee on Veterans' Affairs to Hon. John M. McHugh, Secretary, Department of the Army, U.S. Department of Defense, letter dated September 21, 2010, and Army responses

Hon. Bob Filner, Chairman, Committee on Veterans' Affairs to Hon. Robert M. Gates, Secretary, U.S. Department of Defense, letter dated September 21, 2010, and DoD responses

Hon. Bob Filner, Chairman, Committee on Veterans' Affairs to Hon. Eric K. Shinseki, Secretary, U.S. Department of Defense, letter dated September 21, 2010, and VA responses

PERSONALITY DISORDER DISCHARGES: IMPACT ON VETERANS’ BENEFITS

Wednesday, September 15, 2010
U. S. House of Representatives,
Committee on Veterans' Affairs,
Washington, DC.

The Committee met, pursuant to notice, at 11:11 a.m., in Room 334, Cannon House Office Building, Hon. Bob Filner [Chairman of the Committee] presiding.

Present:  Representatives Filner, Donnelly, Buyer, and Roe.

OPENING STATEMENT OF CHAIRMAN FILNER

The CHAIRMAN.  Good morning.  The hearing of the Committee on Veterans' Affairs will come to order.  I apologize for our late start.  As many of you know, we just went through a markup that took a little longer than expected.  I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks.  Hearing no objection, so ordered. 

Let me just give some background on the reason for this hearing.  If the first panel would move up to the front, that would be fine. 

In 2007, this Committee held a hearing to explore the problem of the U.S. Department of Defense (DoD) allegedly, improperly discharging servicemembers with preexisting personality disorders rather than mental health conditions resulting from the stresses of war, such as post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI).  This means that servicemembers with personality disorder (PDs) discharges are generally denied key military disability benefits and the DoD is conveniently relieved from the responsibility of caring for our servicemembers in the long term. 

These men and women continue to face an uphill battle when they seek benefits and services at the U.S. Department of Veterans Affairs (VA) because they must somehow prove that the so-called preexisting condition was aggravated or worsened by their military service. 

Following our 2007 hearing, the National Defense Authorization Act for Fiscal Year 2008 included a provision requiring DoD to submit a report to Congress on this issue.  DoD reported that from 2002 to 2007, the Department discharged 22,600 servicemembers with personality disorders.  By the way, when the DoD has a chance to testify, I would like to see if they can answer the question, given this large number of discharges—why were they accepted in the first place?

DoD policy further stated that servicemembers must be counseled, be given the opportunity to overcome said deficiencies, and must receive written notification prior to being involuntarily separated on the basis of a personality disorder.  DoD also added rigor to their guidance by authorizing such separations only if servicemembers are diagnosed by a psychiatrist or a Ph.D. level psychologists of the personality disorder. 

It has been over 3 years since we first exposed this issue at our hearing in 2007.  I will add that after it was exposed in the press, we took it up in the Committee.  Mr. Kors, did a lot of research on this issue and we are glad to have him here today.  We appreciate all of his hard work.  Mr. Kors and Sergeant Luther, could you come up now so that you can be ready. 

It is my understanding that DoD's use of personality disorder discharges has decreased and that they concluded that no soldiers have been wrongly discharged.  I am rather puzzled by this conclusion and would like to better understand the process and the criteria that were used to review the files of the thousands of servicemembers who were discharged with personality disorders.  I cannot help but suspect that our men and women are not getting the help that they need and are struggling with PTSD, TBI, and other stresses of war on their own because of the wrongful personality disorder discharges. 

Stresses of war such as PTSD are debilitating and the impact can be far reaching.  We know of the negative impact that PTSD and TBI can have on the individual's mental health, physical health, work, and relationships.  We also know that veterans attempt to self-medicate by using alcohol and drugs.  This means that PTSD and TBI can lead veterans on a downward spiral towards suicide attempts and homelessness. 

Just this past summer, we all heard that the United States Army reported suicide rates of over 20 per 100,000, which now exceeds the national suicide rate of about 19 per 100,000 in the general population.  When high risk behaviors such as drinking and driving and drug overdoses are taken into account, it is said that more soldiers are dying by their own hand than in combat.  Similarly, we know that homelessness continues to be a significant problem for our veterans, especially those suffering with PTSD and TBI. 

Now, 3 years later, the Committee continues to hear of accounts of wrongful personality disorder discharges.  This begs the question of how many soldiers have to commit suicide, go bankrupt, and end up homeless before real action is taken to remedy this problem.  Clearly, our veterans must not be made to wait longer and must not be denied the benefits they are entitled to. 

I look forward to hearing from our witnesses today as we further expose the problem of personality disorder discharges, better understand the steps that DoD has taken to deal with this problem, and forge a path forward to help our servicemembers who were improperly discharged with personalities disorders. 

[The prepared statement of Chairman Filner appears in the Appendix.]

The CHAIRMAN.  When Mr. Buyer returns, I will be happy to give him time to do an opening statement. 

The first panel is made up of Sergeant Chuck Luther, a veteran who will tell his own story of having personally experienced this practice.  I mentioned Joshua Kors, who is an investigative reporter for The Nation. Magazine and who has done some real pioneering research on this subject.  We thank you, Mr. Kors, for your service to the Nation in this regard.

 Mr. Kors, you have time before the Committee.

STATEMENTS OF JOSHUA KORS, INVESTIGATIVE REPORTER, THE NATION. MAGAZINE; AND SERGEANT CHUCK LUTHER, KILLEEN, TX

STATEMENT OF JOSHUA KORS

Mr. KORS.  Thank you.  Good morning.  I have been reporting on personality disorder for several years, and I am here today to talk about the thousands of soldiers discharged with that condition since 2001. 

A personality disorder discharge is a contradiction in terms.  Recruits who have a severe preexisting illness like a personality disorder, do not pass the rigorous screening process and are not accepted into the Army.  In the 3 and1/2 years I have been reporting on this story, I have interviewed dozen of soldiers discharged was personality disorder.  All of them passed that original screening and were accepted into the Army.  They were deemed physically and psychologically fit in a second screening as well, before being deployed to Iraq and Afghanistan, and served honorably there in combat.  In each case, it was only when they became physically wounded and sought benefits that their preexisting condition was discovered. 

The consequences of a personality disorder discharge are severe.  Because PD is a preexisting condition, soldiers discharged with it cannot collect disability benefits.  They cannot receive long-term medical care like other wounded soldiers.  And they have to give back a slice of their signing bonus.  As a result, on the day they are discharged, thousands of injured vets learn they actually owe the Army several thousand dollars. 

Sergeant Chuck Luther is a disturbing example of how the Army applies a personality disorder discharge.  Luther was manning a guard tower in the Sunni triangle north of Baghdad when a mortar blast tossed him to the ground, slamming his head against the concrete, leaving him with migraine headaches so severe that vision would shut down in one eye.  The other, he said, felt like someone was stabbing him in the eye with a knife.  When Luther sought medical care, doctors at Camp Taji told him that his blindness was caused by preexisting personality disorder. 

Luther had served a dozen years, passing eight screenings and winning 22 honors for his performance.  When he rejected that diagnosis, Luther's doctors ordered him confined to a closet.  The sergeant was held in that closet for over a month, monitored around the clock by armed guards who enforced sleep deprivation—keeping the lights on all night, blasting heavy metal music at him all through the night.  When the sergeant tried to escape, he was pinned down, injected with sleeping medication, and dragged back to the closet.  Finally, after over a month, Luther was willing to sign anything—and he did, signing his name to a personality disorder discharge. 

The sergeant was then whisked back to Fort Hood, where he learned the disturbing consequences of a PD discharge—no disability pay for the rest of his life, no long-term medical care, and he would now have to pay back a large chunk of his signing bonus.  Luther was given a bill for $1,500 and told that if he did not pay it, the Army would garnish his wages and start assessing interest. 

Since 2001, the military has pressed 22,600 soldiers into signing these personality disorder documents at a savings to the military of over $12.5 billion in disability and medical benefits.  The sergeant's story was part 3 in my series on personality disorder.  In part 2, I interviewed military doctors who talked about the pressure on them to purposely misdiagnose wounded soldiers.  One told a story of a soldier that came back with a chunk missing from his leg.  His superiors pressed him to diagnose that as personality disorder. 

In 2008, after several Congressmen expressed outrage at these discharges, President Bush signed a law requiring the Pentagon to study PD discharges.  Five months later, the Pentagon delivered its report.  Its conclusion:  Not a single soldier had been wrongly diagnosed and not a single soldier had been wrongly discharged.  During this 5-month review, Pentagon officials interviewed no one, not even the soldiers whose cases they were reviewing. 

Three years ago, during a hearing on personality disorder discharges, military officials sat in these seats and vowed to this Committee to fix this problem.  Three years later, nothing has happened. 

[The prepared statement of Mr. Kors appears in the Appendix.]

The CHAIRMAN.  Thank you, Mr. Kors.

Sergeant Luther, thank you for being here.  Thank you for your service.  I know it is not easy to talk about your personal situation, but we do appreciate it.

STATEMENT OF SERGEANT CHUCK LUTHER

Sergeant LUTHER.  Mr. Chairman, Committee Members, and guests, thank you for the opportunity to speak and help my fellow soldiers and veterans by telling my story.  I am here today to say that wearing the uniform for the U.S. Army is what defined me.  I was, and still am, very proud of the service I gave to my country. 

I entered the service on active-duty training status in February of 1988.  I served 5 months on active-duty training status and then went on to 8 years of honorable Reserve service.  I had a break in service and reentered the Reserves in 2003, and after serving 8 months honorably, I enlisted into the active-duty Army in October of 2004.  I was stationed at Fort Hood, Texas.  I served as an administrative specialist for 3 years and was given several awards for my leadership and service.  I then went to retrain to become a 19D cavalry scout.  Upon finishing school at Fort Knox, Kentucky, I returned to Fort Hood and was assigned to Comanche Troop, 1-7 CAV, 1st Brigade, and 1st Cavalry Division.  I held the rank of Specialist ER when we left for Taji, Iraq, for a 15-month deployment. 

We arrived in Iraq in November of 2006.  We found ourselves in a very violent area at the beginning of the surge.  On December 16, 2006, I was working in the company radio area monitoring the group that we had outside the forward operating base on an escort mission.  I remember that day very clearly.  The call came in from one of our staff sergeants in that patrol that they had been attacked and one of our vehicles have been destroyed and we had three killed and one wounded.  As we were receiving the information, we could hear the small arms fire in the background as they tried to recover the dead and wounded soldiers. 

I served as the training room noncommissioned officer, so I was asked to translate the combat numbers given over the radio to my commander and first sergeant for identity.  As the information came over, I realized the truck that had been destroyed contained one of my close friend, Staff Sergeant David Staats, and one of the soldiers that I had taken under my wing, PFC Joseph Baines.  I focused on the mission at hand and that evening, drove the first sergeant and the platoon sergeant of these soldiers to the mortuary affairs and helped unload their bodies from the vehicles bringing them home.  I pushed through and the next morning we got word, as we were preparing to head to Baghdad to see the wounded soldier, that he also passed away.  For the next 2 months, we lost several other soldiers from our squadron and two Iraqi interpreters. 

On February 16, 2007, I was a member of the convoy that drove out four boats and members of our troop to conduct a river recon/mosque monitoring mission.  After an uneventful drive out, unload boats, troops, and the soldiers, we headed back to Forward Operating Base (FOB) Taji.  As we pulled back on the FOB, the call came over the radio that the unit of soldiers had been ambushed on the river mission.  We had to quickly head to the drop-off location to assist.  Upon arriving, we received small arms and large-scale fire from the enemy.  We found one of our staff sergeants lying in the middle of the beach bleeding from both legs.  One of the lieutenants had been shot in the arm and two Iraqi police officers had been killed. 

We quickly put together two boats of troops and ammo to retrieve our soldiers.  After heading up river, we received fire on our boat and the boat had capsized and we were stranded on an island for approximately 14 hours before being picked up.  We have had limited ammunition and no radio communications.  We all thought we were going to die that day. 

Fourteen days to the day after that event, I was sent home for R&R leave.  I was very angry, had severe headaches, was depressed and would cry at times.  I have fought with my wife and family while I was at home.  I had an episode where I broke my hand punching walls.  After not being able to cope, I welcomed the trip back to Iraq.  Upon returning to Iraq, I was promoted to sergeant and received my combat action badge for my part in the river mission firefights. 

After returning from R&R leave, several people in my unit said that something had changed in me.  I tried to pull it together, but I had trouble sleeping, had anger problems, severe headaches, nose bleeds, and chronic chest pain.  I was living at the combat post x-ray.  While there, I went to see the medics to get my inhaler for asthma refilled.  I was sent back to the forward operating base, and upon returning to the aid station, the squadron aid station doctor was not present.  I was told he was busy preparing for his triathlon he would be competing in after our deployment.  I came back the next day and was seen. 

I asked to see the chaplain because I was feeling very depressed and needed to talk.  After talking to the chaplain, I was sent to the quarters for 2 days and then I was allowed to go back to the combat outpost.  Around the first of April, I was in guard tower 1 alpha when a mortar landed between the tower and the wall around the outpost.  When it exploded, it threw me down and I hit my right shoulder and head.  I had severe ringing in my right ear with clear fluid coming from it and had problems seeing out of my right eye.  After a few minutes, I went to the medics on the outpost and was given ibuprofen and water and sent back to duty.  I started to have worse headaches and could not sleep. 

They sent me back to the forward operating base and I was seen by the aid station by doctors and medics and then sent to the mental health center.  I spoke with the lieutenant there who was a licensed clinical social worker.  He had a 15-minute talk with me and gave me Celexia and Ambien.  I was sent back to my quarters.  The next 2 days, I began to get angry and hostile due to the medications, and I was sent back to the lieutenant colonel.  He informed me that if I did not stop acting like this, that they were going to chapter me out under a 5-13, personality disorder discharge.  I tried and went back to the aid station. 

After several days on suicide watch for making the comment that if I had to live like this, I would rather be dead, I asked to be sent somewhere where I could get help and be able to understand what was wrong with me.  I was told I could not go and demanded I be taken to the inspector general of the forward operating base.  I was told by Captain Dewees that I was not going anywhere, and he called for all the medics, roughly six to ten.  I was assaulted, held down, and had my pants ripped from my left thigh and given an injection of something that put me to sleep.  When I awoke, I was strapped down to a combat litter and had a black eye and cuts on my wrists from the zip ties. 

I eventually was untied and from that point forward for 5 weeks, I was held in a room that was 6 feet by 8 feet that had bed pans, old blankets and other old supplies.  I had to sleep on a combat litter and had a wool blanket. 

I was under guard 24/7, and on several occasions was told I was not allowed to use the phone or the Internet.  I had slept through chow and asked to be taken to the chow hall or post exchange to get some food due to my medications.  I was told no and given a fuel-soaked MRE to eat.  I was constantly called a piece of crap, a faker, and other derogatory things.  They kept the lights on and played all sorts of music from rap to heavy metal all night.  The medics worked in shift, therefore, they didn't sleep.  They rotated.  These are some of the tactics that we would use on insurgents that we captured to break them to get information or confessions. 

I went through this for 4 weeks and the HHC (headquarters and headquarters company) commander told me to sign this discharge, and if I didn't, they would keep me there for 6 more months and then kick me out when we got back to Fort Hood anyway.  I said I didn't have a personality disorder, and he told me if I signed the paperwork that I would get back home and get help and have all my benefits. 

After the endless nights of sleep deprivation, harassment, and abuse, I finally signed just to get out of there.  I was broken.  It took 2 more weeks before I was flown out and brought to Fort Hood.  Upon returning, I was told by the rear detachment acting first sergeant and commander to stay out of trouble and they would get me out of there.  I was sent out to wait on my wife in the rain with two duffel bags and another carry bag.  This was my welcome home from war. 

I went home and I went to sleep, only to be awakened by three sergeants at my door saying I had to go back to the mental health due to me being suicidal and they had not had me checked out yet.  I went to the R&R center at Fort Hood, Texas, and was seen by a lieutenant colonel who was a psychologist.  He asked me why I was brought back from Iraq.  I explained they said I had a personality disorder, and he disagreed.  He shook his head and said that I had severe PTSD and combat exhaustion.  He told me to get to sleep and rest and followup in a week with him.  I was never allowed to go back to see him.  

The ironic thing is that in my military records, I held three Army jobs and had a total of eight mental health screenings that all found me fit for duty.  Also, I had never had a negative counseling or a negative incident in my 12 years of Reserve and active-duty career.  Two weeks after getting back, I was discharged from the Army.  I had my pay held and they took my saved up leave from me for repayment of unearned reenlistment bonus.  I received a notice in the mail 3 weeks after my discharge from the Department of Finance that I owed the Army $1,501.  Three months later, I went to the VA and I was told they could not see me for the mental health due to my preexisting disorder.  I went back the next week and was seen by a psychologist. 

After an hour with her, she scheduled me an appointment with a caseworker and then I had several follow-up mental health appointments.  I was given my VA rating a year later in 2008 of 70 percent for post-traumatic stress disorder, knee injury, headaches, right shoulder, and asthma.  Six months later, after several emergency room visits and neurology appointments, my rating was upgraded to 90 percent and I was given service-connection for traumatic brain injury. 

In June of this year, after 2 years from the date that I filed a request with the Military Boards of Correction to have my discharge changed from a chapter 5-13 to a medical retirement, I was denied, even after the 3 years of VA medical documents and evidence from people that know me.  I demand my discharge be changed and I receive the proper discharge for my service. 

I have since founded Disposable Warriors and I have assisted many veterans and soldiers in a range of issues, from personality disorder diagnosis to soldiers on Active duty with diagnosed post-traumatic stress disorder that are not been treated or being discharged for misconduct other than honorable or bad conduct discharge, which also does not entitled them to VA benefits. 

I want to say that it has been hell just to get my mind somewhat back on track and to exist.  I have bouts of memory loss, agitation, flashbacks, paranoia, problems sleeping, and depression.  I get angry every time I look at my DD-214 with the fraudulent personality disorder discharge.  It cost me my contract jobs for private security after my exit from the Army.  I had to get a job 3 days after I was kicked out of the Army to feed my wife and three children.  I was taught for years in the Army the definition of integrity, honor, respect, and selfless service, all of which I gave to the Army but none was given back to me. 

I hold two things very dear to me this day, and it comes from the noncommissioned officers creed:  the accomplishment of my mission and the welfare of my soldiers.  I am on a new battlefield, with a new mission, and I will, at all cost, take care of soldiers and their families.  I love my country, I love my Army, but we cannot stand by and watch this to continue to happen. 

At the very same time that this Committee was having Specialist John Town testify in front of them in 2007, I was abused, broken, and discharged for the very same thing this he was testifying about.  Please do not let us be here in 3 years again with another story of shame.  The lack of care and concern, coupled with the stigma of asking for help that we have allowed to be put on us, has to be totally removed.  Then and only then will we see the veterans homelessness rate drop, the active duty in veterans suicide rate drop, and the skyrocketing of divorce decrease.  The senior level of the Armed Forces get it.  But they can talk about it, design plans for it, and make PowerPoints about it, but if it is not being enforced at the soldiers' level, it is worthless. 

In closing, I would like to state that I do not have, nor have I ever had a personality disorder.  I suffer from
post-traumatic stress disorder and traumatic brain injury from my service to my country while at war in Iraq.  I raised my right hand on several occasions and swore to protect the Constitution at all cost.  I did my part.  Now it is time for the military to keep its part of the agreement that if I were injured, they would help me get back on my feet.  Please help stop these wrongful discharges and help get our wounded servicemen and women back to service or back to their families.  Thank you.

[The prepared statement of Sergeant Luther appears in the Appendix.]

The CHAIRMAN.  Thank you both for such compelling testimony. 

Mr. Kors, the last figure that both you and I had were from 2002 to 2007, stating that DoD discharged 22,600 veterans.  Has that number gone down since we had the first hearing? 

Mr. KORS.  It was the 22,400.  They have added 200 more to the list.  But even that is tremendously outdated.  That goes to 2007. 

The CHAIRMAN.  So we don't know what has happened the last 3 years? 

Mr. KORS.  We don't at all.  I think the number of families who have been purposely cheated out of benefits is just rising and rising, without stop. 

The CHAIRMAN.  I assume the later panels are here and heard that question.  I hope it is answered.  I am sure such an institution as the Army has more updated figures. 

Mr. KORS.  I hope so.  It is worth mentioning this is not just the Army.  We are seeing personality disorder discharges across all four branches.

The CHAIRMAN.  What disorder did they have you down for, Mr. Luther? 

Sergeant LUTHER.  They gave me a personal disorder NOS, not otherwise specified.  They didn't characterize it. 

The CHAIRMAN.  Nothing more specific than that? 

Sergeant LUTHER.  No, sir.

Mr. KORS.  And that is something you see with all of these discharges.  When you have wounds that clearly don't come from a personality disorder, a cleaner way to fudge it is to give a nonpsychological, nonaccurate diagnosis; NOS.  You won't find that in any of the psychological manuals.  But it prevents them from stating specifically what the issue is. 

And, of course, these discharges are being used for some of the most absurd things.  Of course, with him, with blindness.  With John Town here 3 years ago after he was wounded by the rocket and won the Purple Heart, they said he wasn't wounded.  That his deafness came from personality disorder.  I think about Sergeant Jose Rivera.  His arms and legs were punctured by grenade shrapnel.  They said those shrapnel wounds were caused by personality disorder.  Sailor Samantha Spitz, her pelvis and two bones in her ankle were fractured.  They said that her fractured pelvis was caused by personality disorder. 

In a case that really touched me of Specialist Bonnie Moore, she developed an inflamed uterus during service.  They said her profuse vaginal bleeding was caused by personality disorder.  Civilian doctors thought it was something a little more severe.  She went to a hospital in Germany where they removed her uterus and appendix.  But after being given that personality disorder discharge and denied all benefits, she and her teenage daughter became homeless.  She called me just because she was concerned that at the homeless shelter her daughter would be raped. 

The CHAIRMAN.  Sergeant Luther, what you described in the month or so after they asked you to sign these papers can only be described as torture, as I listen to it.  Did you take any legal action against the Army for torturing you? 

Sergeant LUTHER.  No, sir.  At the time, my TDS (Temporary Duty Station) attorney told me to go ahead and sign it or I would stay there 6 months.  When I got out it took approximately 90 days for me to even get out of my fog to even seek help and when I went to the VA when they immediately denied me at first and some psychologist heard me talking and asked me to come back and then.  But I have not been able to take any legal action.  We went through the proper channels to ask the Board of Corrections to take the evidence and look at it.  I just recently got a copy of that back, and it was pretty astounding. 

The CHAIRMAN.  Maybe Mr. Kors knows this.  Does he have any legal recourse to sue the Army for torture? 

Mr. KORS.  The Feres doctrine coming out of the Supreme Court case from 1950, Feres v. U.S., provides a bubble for military doctors, which regardless of how egregious their behavior or diagnosis is, they cannot be a sued.  A lot of the doctors I talked to who were pressured to purposely misdiagnose physical injuries as personality disorder, that was one of the tactics that their superiors gave them said, look you can go ahead and do this.  You will be promoted for applying the false diagnosis, and there is no way you can be sued.

The CHAIRMAN.  Sounds like during this detainment there were other people besides doctors involved. 

Mr. KORS.  I think legally it would be a tricky prospect. 

The CHAIRMAN.  All right.  Mr. Buyer? 

OPENING STATEMENT OF HON. STEVE BUYER

Mr. BUYER.  Mr. Chairman, I am going to refer to my opening statement. 

The Department of Defense has the responsibility to ensure that diagnosis of personality disorders within its ranks are accurate and the behavior abnormalities are not the consequence of combat or some other event that might result from post-traumatic stress.  That being said, this Committee does not have jurisdiction over the military disabilities rating system nor the discharge procedures.  I made this very point 3 years ago when we held a nearly identical hearing on how the Pentagon handles the identification and disposition of personality disorder diagnosis. 

Today's hearing takes a slightly different approach as to how personality disorder discharges impact veterans’ benefits, but the thrust of the discussion is the same.  This is primarily a DoD issue.  And if we hope to prompt any effective solutions, we should have had a joint hearing with the Armed Services Subcommittee. 

As for the topic of today's hearing, I think most participants can summarize pretty quickly how personality disorder discharges impacts a veteran's position.  Personality disorders are not considered diseases for VA compensation purposes and except in cases where they were proximately due to or aggravated by a service-connected condition.  Clearly, if the VA provides a different diagnosis than the military, then the condition is considered to have been incurred on active duty.  Service connection may then be established. 

So the crux of the problem we are discussing lies with the accuracy of the diagnosis provided by military physicians.  And if we question whether the misdiagnosis, if there is one, is due to deliberate actions by some nefarious purpose—that is my sensing as the testimony—as I listen to the testimony by a reporter—and they are simply the result maybe even of medical errors or a line of inquiry that leads back to the DoD.  I expect we are going to hear from DoD and their response to the issues raised by the 2008 U.S. Governmental Accountability Office (GAO) report showed that in many instances, DoD was not following their own procedures and policies regarding personality disorder discharges.  GAO will testify that even after that, they can still not reasonably say that all the services are following DoD policies on personality disorders. 

Now what is really challenging here for me is—I just want to be really careful.  Number one, Sergeant Luther, let me thank you for your willingness to serve the country and wear America's uniform.  The United States Army.  It is the same uniform that I have worn for 30 years.  So I respect that. 

I also have a lot of documents here about you that are nondiscloseable.  And I am not going to discuss them in public.  So when you make statements—you have made public statements—and I am not going to go into your personal life.  I am not going to discuss your military conditions.  But when you make certain statements and sitting to your left is a reporter that makes some very exaggerated statements, you disadvantage DoD.  They are going to come up here and, guess what?  They can't specifically talk about your case.  They can't come in here and testify about some of the things that you have said. 

You have made some pretty strong statements that are not supported by what I have.  And I am disadvantaged also because, number one, I am disadvantaged out of respect.  I respect you, I respect your privacy.  I also would say this.  I would never, even when I was Chairman of whatever Subcommittee or full Committee, ever put a reporter on a panel to testify.  I would never do that.  Why?  Because your testimony is hearsay.  It is hearsay.  Everything you say is hearsay.  What we are supposed to do is get to the bottom of things so you can understand that.  You can make whatever allegations you want.  You can lead us to our professional staff and we can find the person.  So the testimony is in first person. 

So I would say to the gentleman, you can say whatever you say and basically you have and you surmised your opinion based on what you have seen and heard.  But I think it is pretty shocking that you would even come here and provide testimony with regard to someone's medical condition.  You are not a doctor.  If you were a doctor, they would knock you right upside the head for that.  I would be pretty upset if you went and testified about my medical conditions in a public place, let alone, where are your sensitivities to talk about a woman and her health?  Wow.

I am pretty shocked that you would do that.  So I'm going to yield back my time, Mr. Chairman.  I just want to let you know, sir, I respect you and I couldn't be more than—gosh, I could go into this, but sir, my counsel would be is follow the counsel of some individuals that really have your interests at heart, and those doctors have your interests at heart.  You are upset with regard to the diagnosis of a personality disorder.  The PTSD has, in fact, been recognized.  I have the records with regard to findings when you attempted to correct the military records.  So I have seen everything that they have seen, and I have seen the documents with regard to that process. 

We want you to get better.  We want you get better with regard to the PTSD, and please, follow the counsel of your doctors and mental health professionals that take your interests best at heart, not somebody else that may want to use you or use your case to write stories or to do other things.  If they truly had your interests at heart, they wouldn't take your case and what I know about you and put it on public display.  That is Steve Buyer's opinion.  I would never do that to a fellow soldier. 

With that, I yield back.

The CHAIRMAN.  Thank you, Mr. Buyer. 

Would either of you like to make a comment? Please feel free to respond.

Mr. KORS.  I would love to address those concerns.  Thank you, Congressman Buyer. 

First of all, as to this being hearsay, I hope it is clear that this is the furthest thing from that.  As a reporter, I am here to summarize the 3 and 1/2 years of research I have done on personality disorders with Sergeant Luther's case, particularly.  I never would have gone into this investigation if it were a he said/she said story. 

In addition to Sergeant Luther's detailed testimony, I have stacks of medical papers from his doctors at Camp Taji who documented his confinement.  I have an interview with his commander who was there at the aid station.  I have confirmed every piece of this story.  I interviewed Sergeant Byington who came to visit him while he was confined in the closet.  Also, one of the idiosyncrasies of the story is they did not take away Sergeant Luther's backpack which had his camera.  He was able to document the closet, take photos of it.  Nobody in this story disputes that this is what happened.  The only question from here is what to do about it. 

As for this being an isolated case, I think about Troy Daniels, a doctor who works extensively with Ft. Hood.  He interviewed or he—sorry, treated Sergeant Luther following his return to Texas, said in no way did he have a personality disorder, this was clearly traumatic brain injury and that he wasn't surprised by this.  He had seen a dozen of these personality disorder cases come out of Ft. Hood, all of them, he said, did not have personality disorder. 

I am simply giving back to you the statements from the doctors that I have spoken with.

Mr. BUYER.  The challenge is, you can't say an emphatic statement like you just said, all said he does not have.  I have records in front of me.

Mr. KORS.  All said what? 

Mr. BUYER.  I am not going to do this.  My integrity as a gentleman will not permit me to do this. 

Dr. Roe, will you take this seat?  I am not going to participate.  I'm not going to do it.  This is wrong.  This is wrong.  Dr. Roe, take over.

The CHAIRMAN.  Mr. Kors, I apologize for any further reaction, please, sir?  Please.

Mr. KORS.  Let me just say further that the Representative who was upset that I was sharing Specialist Bonnie Moore's story.  These soldiers want their story to be told. 

Sergeant Luther, I believe he came here today to represent those 22,600 families who have been shattered by these false diagnoses.  It is a story that hasn't gotten out to the public as so many in the military hope it would, and if nobody knows about this, if these stories don't get out, then this problem is not going to be fixed.  We'll be here, as Sergeant Luther said, 3 years later with another batch of stories.

The CHAIRMAN.  I think you have control over your microphone.  There is a button on there.

Sergeant LUTHER.  Just what I would like to say is this.  I am not here just about chuckles.  This is larger than I.  I haven't made any statements that were inflammatory or wrong.  I wished I didn't have this story to tell.  But what I will tell you is in the 3 years that I have been treated for post-traumatic stress disorder and the medications I have been given, several of my doctors have said to me at different intervals to make sure I continue to fight to have my discharged change because it doesn't reflect what my injury is. 

I saw a licensed clinical social worker and a pediatrician in a combat theater for less than 2 hours of face time and was given the diagnosis of personality disorder.  In doing study over 3 years, that is impossible to diagnose at that interval.  In fact, in the last 3 years, I have been treated—prognosed and diagnosed for my PTSD and now traumatic brain injury to my cognitive function disability and if it was a case of a personality disorder, I think that those licensed psychologists and psychiatrists would, in fact, have found a personality disorder and seeing that I have never in my life had any issues prior to being blown up in Iraq.

Mr. KORS.  Mr. Chairman, let me also add one misimpression I want to make sure that folks from this Committee do not come away with is that there is any kind of connection between PD, personality disorder, and PTSD.  They have similar letters as Mark Twain said the difference between lightening and the lightning bug. 

It is true that Sergeant Luther did get shell shock from his service in Iraq, but we are talking about physical injuries that are being diagnosed as personality disorder.  You know, with PTSD, it is very easy to make this amorphous argument that, well, you think he was crazy before or after he served in Iraq, we think he was crazy before.  I guess we both have our own opinion.  With blindness, deafness, a mortar fire wound, fractured pelvises, you can't make that same argument.

The CHAIRMAN.  Thank you.  Mr. Roe, do you have any questions? 

Mr. ROE.  Yes, Mr. Chairman.  I didn't hear a lot of the testimony but just as a veteran and as a medical officer in the Army, when I was in, I never felt any pressure, I never had anyone—maybe I was immune to it, I don't know, due to stubbornness, but I never felt pressure to make diagnosis one way or the other and certainly diagnosis can be right and can be wrong.  I guess Roe's rule is they haven't invented the test or diagnosis that hasn't been wrong.  So people can make mistakes, honest mistakes, but as a medical doctor in the military I never had anyone come to my clinic and pressure me to diagnose someone one way or the other so that an administrative discharge or whatever could be made.  And I am not saying it did or didn't happen; I am just saying in the experience of this doctor it didn't happen.  So I yield back.

The CHAIRMAN.  I thank you, Mr. Kors and  Sergeant Luther.  I hope you will stay for the next panels.  We may want to have you respond to what happens.  I want to thank you for your courage in being here.  I want to thank you for pursuing this.  You are up against a vast machine, some of that you just saw here, and I think it is extremely important that all the families get the best possible explanation. By telling your story, Sergeant, you have tried to do that. 

Mr.  Kors, there is nobody who has ever testified in front of this Committee that didn't reference some hearsay. I have read all of your materials and I have great confidence in both the ethics and the integrity of what you have said and the way you go about it.  So, I want to thank you both for your courage and for your integrity for doing this.

Mr. KORS.  Thank you.  Mr. Chairman, if I could quickly address two concerns that were raised by Representative Roe.  First to say that you had asked before about the consequences for these doctor, whether they be subject to lawsuits.  Quite the opposite has been occurring.  Those who have provided these false diagnoses have been rapidly promoted.  I think about Lieutenant Colonel Applewhite, the social worker who diagnosed personality disorder on Sergeant Luther.  He was immediately given a slot to teach at Fort Sam Houston a course to other medical professionals on how to properly diagnose mental illnesses. 

With Captain Wehri, who confirmed that Sergeant Luther was placed in that closet for over a month, he was promoted to major and those—and in fact, with that doctor I mentioned who was encouraged to diagnose that chunk of a missing leg as personality disorder, the superior who applied that pressure was immediately promoted to one of the top doctors in the military. 

And also to address the concern of Representative Buyer that this is not—this is an Army issue and not a VA issue.  Nothing could be further from the truth because so many of these soldiers, they are told you have got a personality disorder discharge; you are not eligible for VA benefits.  So these people don't go to the VA because they don't think they have a slot there for them.  There are very, very few that find out through other means like maybe the press that they can get an independent review from the VA.  They will go in and in those cases, you get the most bizarre outcomes.  You have VA doctors who get to examine them in depth and say this soldier doesn't have a personality disorder.  They have a broken arm or blindness or traumatic brain injury and then you have what you have in Sergeant Luther's case with traumatic brain injury and a large disability benefit finally for that injury but yet the Army is insisting that he has a personality disorder discharge and doesn't deserve any compensation.  One soldier, two vastly different diagnoses. 

Mr. ROE.  Mr. Chairman, may I just make a comment.  Mr.  Kors, I don't know the details of this and I am just discussing this in the broader view.  If I served in the military that I thought my promotion was based on me making a diagnosis, it isn't the Army that I was in. And you may be—maybe an officer got promoted after they saw someone.  I am sure I did.  I got promoted from captain to major when I was in the Army, and I saw a lot of people during that time.  But the military has criteria that they do, objective criteria, hoops that you jump through, at least when I was in the Army to get promoted.  I have never heard of any such thing where somebody made a diagnosis and then you suggest that they got promoted because of that.  That would be outrageous.

Mr. KORS.  This is not to say this was the only reason they were promoted, but in the case of the doctor who was pressed to diagnose the missing chunk of the leg, he came to me and said I want to speak out about this but I was not going to do it.  He retired immediately instead of providing that diagnosis.

Mr. ROE.  I yield back.

The CHAIRMAN.  Again, thank you.  I hope you will stay because we may want to recall you after we hear from the others.  If panel two would come forward, please?

Thank you for being here.  Paul Sullivan is the Executive Director of Veterans for Common Sense (VCS).  Dr. Thomas Berger is the Executive Director for the Veterans Health Council for the Vietnam Veterans of America (VVA).  We appreciate you being here today.  The minority has not requested any background medical conditions on yourself so we will be fine.  Mr. Sullivan?

STATEMENT OF PAUL SULLIVAN, EXECUTIVE DIRECTOR, VETERANS FOR COMMON SENSE; AND THOMAS J. BERGER, PH.D., EXECUTIVE DIRECTOR, VETERANS HEALTH COUNCIL, VIETNAM VETERANS OF AMERICA

STATEMENT OF PAUL SULLIVAN

Mr. SULLIVAN.  Mr. Chairman, yes, I brought my glasses.  That is my medical condition.  I need to read my testimony. 

I thank you, Chairman Filner and Ranking Member Buyer for inviting Veterans for Common Sense to testify about the impact of improper military discharges on our veterans.  VCS testified about this issue 3 years ago.  We remain alarmed DoD continues improperly discharging thousands of our servicemembers who had entered the military in good health and who served with honor while deployed to the Iraq and Afghanistan wars. 

DoD may have reduced the number of personality disorder discharges and that should be noted but DoD now improperly uses adjustment disorder and pattern of misconduct discharges instead.  While we believe the military causes the problems associated with improper discharges, the solution requires cooperation between Congress, the military, VA and advocates.  According to an Army Times article, "Jason Perry, a former Army judge advocate who helps troops going through medical retirement said he had seen dozens of such cases, it's very common and it's completely illegal."

We agree with Mr. Perry's assessment.  VCS urges Congress to order an immediate stop to DoD's improper personality disorder adjustment disorder and pattern of misconduct discharges for those servicemembers deployed to the war zones since 2001.  The main underlying cause of the improper discharges remains the enormous pressure from Secretary Gates to curb military medical spending. 

VCS estimates between $5 billion and $20 billion in lost lifetime and other medical benefits for our veterans and families.  DoD's policy improperly shifts costs from the Federal Government to veterans and private insurance companies as well as to State and local governments.  VCS remains frustrated the military has not revealed how many of our Iraq and Afghanistan war servicemembers were administratively discharged since 2001.  We need facts if we are going to stop the improper discharges and provide VA care and benefits to otherwise deserving veterans.

VCS used the Freedom of Information Act to try to obtain this information from DoD, and DoD said they could not obtain the data due to computer limitations.  As advocates we want to offer solutions, please. 

First, VA training.  VA should train benefits and health care staff about DoD discharges to avoid improper VA denials for health care and benefits. 

Two, there should be new DoD regulations.  DoD should update separation rules to provide greater legal protections for servicemembers. 

Three, correct records.  DoD should identify and correct as many as 22,000 previous inappropriate discharges. 

Four, enforce accountability.  DoD must improve oversight and accountability.  We are troubled that not a single military officer was fired or reprimanded for apparently or allegedly violating servicemembers' rights.

Independent review.  Congress should create an independent review of the overall health of our servicemembers; otherwise the absence of records allows DoD to plead ignorance, just as they did with exposures to radiation from atomic bomb blasts, Agent Orange, and Gulf war illness.

Six, conduct universal mandatory medical exams.  VCS once again urges Congress to order the military to implement mandatory universal pre-deployment and post-deployment physical exams as required by the 1997 Force Health Protection Act that will help alleviate some of the fronts with confusing records.

Seven, fill mental health professional vacancies.  VCS urges Congress to order the military to hire more medical professionals so our soldiers receive the mandatory universal exams as well as prompt treatment. 

Eight, honor medical opinions.  VCS urges Congress to eliminate the ability of line commanders to overrule the decisions made by medical professionals regarding the ability of a servicemember to deploy to a war zone. 

Nine, expand anti-stigma education.  VCS urges DoD and VA to expand the agency's anti-stigma education program and to encourage our servicemembers and veterans to seek care when needed. 

In conclusion, DoD is responsible for most of the problems discussed here today.  However, implementing pragmatic solutions requires cooperation between Congress, the military, VA, and advocates.  This concludes my testimony, Mr. Chairman.  I would be happy to answer any of your questions.

The CHAIRMAN.  Thank you, Mr. Sullivan.

[The prepared statement of Mr. Sullivan appears in the Appendix.]

The CHAIRMAN.  Dr. Berger?

STATEMENT OF THOMAS J. BERGER, PH.D.

Dr. BERGER.  Chairman Filner, Ranking Member and distinguished Members of the Committee who are still around here. 

On behalf of President John Rowan, our board of directors and our membership, Vietnam Veterans of America thanks you for the opportunity to present our views on discharges for personality disorder and their impact on veterans benefits. 

We have heard a great deal of pieces and parts about the history.  I think it is important to remember that personality disorder is a severe mental illness that emerges during childhood or adolescence and is listed in military regulations as a preexisting condition, not a result of combat.  Personality disorder contains symptoms that are enduring and play a major role in most, if not all, aspects of a person's life. 

While many disorders vacillate in terms of symptom presence and intensity, personality disorders typically remain relatively constant.  In other words, according to the Diagnostic and Statistical Manual of Mental Disorders (DSM)-IV, to be diagnosed with a disorder in this category, the symptoms have been present for an extended period of time, inflexible and pervasive, and are not the result of alcohol or drugs or another psychiatric disorder, and that history of symptoms can be traced back to childhood or adolescence.

At the time the issue first arose back in 2007, VVA and other veterans advocates some of whom are present in this room, contended publicly and in meetings with Congress, that many of the servicemembers were suffering from post-traumatic stress disorder or traumatic brain injury but that it was easier and less costl