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LGBT

Pentagon Establishes Process For Transgender Veterans To Change Gender Records

Autumn Sandeen protesting Don't Ask, Don't Tell.

Despite the repeal of Don’t Ask, Don’t Tell, the military still does not allow people who are transgender to serve. Still, many people only transition after they’ve completed their service, creating complications for their continued receipt of benefits. Now, the Pentagon has recognized its first gender change for a military veteran and established a process — albeit a bit burdensome one — for future trans vets to do the same.

Blogger and activist Autumn Sandeen was informed earlier this month that the Defense Enrollment Eligibility Reporting System (DEERS) has been updated to show her gender as female. Department of Defense spokesman Lt. Cmdr. Nathan Christensen provided the following statement to BuzzFeed:

For the last several years, the Department has made requested changes to gender in the Defense Eligibility Enrollment Reporting System (DEERS) for military retirees. A gender change in DEERS may be accomplished by the retiree presenting the following documents:

- A letter from the doctor who performed the surgery, documenting completion of a gender reassignment surgery
- A court order, legally changing the gender in accordance with applicable state law
- An original birth certificate
- A document, reflecting the sponsor’s name and if applicable, gender following completion of the gender reassignment procedure for a spouse

The Department will not change a gender in DEERS if it results in a loss of benefits to the spouse of the retired member due to the Defense of Marriage Act (DOMA).

The last point is noteworthy, in that the military is committed to making sure retirees receive spousal benefits without conflicting with the limitations of DOMA.

Still, as Sandeen points out on her own post, the hurdles for the gender change are somewhat extensive. The requirement that a trans person complete gender reassignment surgery is problematic because not all trans people want to get such surgery — particularly given sterilization is a consequence — and many cannot afford it. Further, the required birth certificate change is simply not allowed in all states.

Clearly, there are still many changes that need to made to allow trans people full inclusion in military service and the associated benefits, but this is a step in the right direction.

Security

Lawmakers Urge Obama To Bypass Congress To Confront Sexual Assault In The Military

(Credit: AP)

The military’s sexual assault crisis has been in the headlines consistently for the past two weeks, leading two members of Congress to call on President Obama to take executive action and fix it.

Sen. John Tester (D-MT) and Rep. Chellie Pingree (D-ME) introduced the Ruth Moore Act of 2013 earlier this year to help the victims of sexual assault receive benefits once they leave the military. At present, the burden of proof for victims of rape and sexual assault to qualify for disability benefits for conditions related to their trauma, including treatment of post-traumatic stress disorder, is shockingly high, leaving many men and women unable to receive the care they need. A scheduled hearing on the bill was meant to take place on Wednesday, but has instead been delayed until June 3.

Rather than waiting for the Ruth Moore Act to pass, the bill’s sponsors sent Obama a letter on Thursday calling on him to use his authority as president to act now:

We commend your willingness to work with Congress to address the prevalence of sexual assault in the military. However, given the increasing rate of these assaults and the dramatic implications they are having on our service members, veterans, and their families, we strongly urge you to take further action to confront this crisis. In particular, you have the ability to provide justice for thousands of survivors of service-related sexual trauma by calling for more fairness in the Department of Veterans Affairs (VA) disability claims process, and increasing their ability to access the benefits they desperately need. [...]

Our legislation continues to garner support in Congress and has been endorsed by every major veterans’ service organization. Legislation, however, is not necessary to keep faith with these veterans. In 2010, the VA relaxed evidentiary standards to make it easier for combat veterans suffering from PTSD to get the disability benefits they need. It is past time the VA make a similar regulatory change for MST survivors. And you can direct them to do so.

Sexual assault and rape culture in the military has reached a tipping point in the last two weeks, with multiple stories about officials in positions to prevent assaults being charged or investigated for sexual assault themselves. “We’re losing the confidence of the women who serve that we can solve this problem,” Chairman of the Joint Chiefs of Staff Gen. Martin Dempsey said on Thursday. “That’s a crisis.”
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Security

Armed Forces Sexual Assault Crisis Reaches New Heights

(Credit: Getty)

Ahead of possible major actions from the Pentagon and Congress on sexual assault in the military, the U.S. Army is forced to confront yet another instance of a member of the armed forces involved in a shocking sexual assault scandal.

In the latest incident, the Department of Defense revealed on Tuesday a sergeant first class in the U.S. Army stationed at the Ft. Hood, TX military base is under investigation for sexual assault. Along with allegedly sexually assaulting two of his peers, the the sergeant is being investigated for possibly forcing a subordinate into prostitution. Making matters even worse, the soldier under investigation was assigned as the Sexual Harassment/Assault Response and Prevention (SHARP) program coordinator for an eight-hundred person battalion stationed at the base.

The investigation draws a parallel to a case just last week in which the head of the entire Air Force’s sexual assault response program was himself charged with sexual battery in Arlington, VA. No charges have yet been filed against the individual at Ft. Hood, but Pentagon spokesman George Little issued a statement about DOD’s response to yet another alleged instance of rape culture in the military:

I cannot convey strongly enough [Secretary of Defense Chuck Hagel's] frustration, anger, and disappointment over these troubling allegations and the breakdown in discipline and standards they imply.

Secretary Hagel met with Army Secretary McHugh this morning and directed him to fully investigate this matter rapidly, to discover the extent of these allegations, and to ensure that all of those who might be involved are dealt with appropriately.

To address the broader concerns that have arisen out of these allegations and other recent events, Secretary Hagel is directing all the services to re-train, re-credential, and re-screen all sexual assault prevention and response personnel and military recruiters.

Lawmakers quickly lined up to add their voices to the long list of those condemning the latest outrage and sexual assault in the military writ large. “These allegations only add to the mounting evidence of the need to change our military justice system to better hold perpetrators accountable and protect survivors of sexual assault,” Sen. Claire McCaskill (D-MO) said in a statement. Rep. Howard “Buck” McKeon (R-CA) head of the House Armed Services Committee, said in a statement he was “outraged and disgusted” by the latest reports from Ft. Hood, pointing to his own granddaughter in the Army and the “feelings of worry and doubt” many feel when family members join the service.

Much as last week’s case came just days ahead of the Pentagon releasing its annual report on sexual assault in the armed services, Tuesday’s story broke with major implications for the military on the horizon. Wednesday is the deadline for branches of the armed services to provide their plans for how to integrate women into combat units to the Pentagon. Last year, Chairman of the Joint Chiefs of Staff Gen. Martin Dempsey told reporters that the move could help reduce the number of sexual assaults in the military in the long-run as “the more we treat people equally, the more likely they are to treat each other equally.”
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Security

Female Veterans Blast Military Leadership For Failing To Address Ongoing Sexual Assault Crisis

Reps. Tulsi Gabbard and Tammy Duckworth (Credit: Politico)

On CNN’s State of the Union on Sunday morning, two female Iraq War veterans currently serving their first terms in Congress sharply criticized the military for its failure to address the increasing number of cases of sexual assault within its ranks.

Reps. Tammy Duckworth (D-IL) and Tulsi Gabbard (D-HI) — who continue to serve in their reserve unites now that they have been elected to public office — are advocating for a measure that would remove sexual assault cases from the military’s chain of command. As the two Congressmembers explained to host Candy Crowley, changing the way that the military currently handles rape cases would empower women to speak up without fear of repercussion from their commanders, as well as ensure that their complaints are handled objectively and fairly.

The Pentagon has traditionally opposed dealing with sexual assault complaints outside of the traditional chain of command. But, according to Duckworth and Gabbard, that drastic change is necessary because the military leadership has failed to adequately diffuse the victim-blaming rape culture that pervades the male-dominated armed forces:

DUCKWORTH: It’s absolutely unacceptable, Candy. I want the military to be a place where women can succeed and thrive the way I was able to. And the military leadership at this point have shown that they have not been capable of fixing this problem.

GABBARD: There are no excuses. It’s not enough just to say this is not something we’ll stand for, we’ll hold these people accountable unless you’re providing a system and process to actually do that. And I think there are two things we really need to look at. What is the core reason why this hasn’t really gotten better over the years? One being we have to make sure it’s a victim-centered response, from the moment the victim makes that report all the way through to the point where the perpetrator is prosecuted, charged, and punished. And secondly, making sure we are investigating those who are retaliating and abusing their positions of command or power.

DUCKWORTH: This issue is a power issue, it’s not a sex issue… The military, because it’s built on power and rank, has the ability to fix it based on that same tradition of power and rank. Commanders can put an end to this. And I am very, very disturbed that they have not been able to do this… We need to do something and we need to come up with a different system.

Duckworth and Gabbard agreed that the current sexual assault crisis signals that the military justice system has failed women. Ultimately, Duckworth explained, “this goes back to empowering the female service members to stand up, to know that when they speak up that they will be listened to and they will be treated fairly.”

Earlier this week, the Pentagon released a report that revealed there were an estimated 26,000 incidents of sexual assault in the military last year, as well as an alarming spike in sexual crimes that went unreported. President Obama called the rate of sexual crimes in the U.S. military “an outrage” and pledged to stand with victims of sexual assault. “I want them to hear directly from their commander in chief that I’ve got their backs. I will support them,” Obama said. “And we’re not going to tolerate this stuff and there will be accountability.”

Alyssa

Five Key Things Missing From The ‘Ender’s Game’ Trailer—And Why They Matter

Late yesterday, we finally got our first look at the long-awaited movie adaptation of Ender’s Game, Orson Scott Card’s novel about the child soldiers trained to fight in a war against alien invaders. The movie looks visually impressive, and there’s no denying the appeal of its cast, which includes Asa Butterfield as potential military genius Ender Wiggin, Harrison Ford as Colonel Graff, the administrator of the Battle School in which Ender is enrolled, Haileen Steinfeld as Petra Arkanian, one of Ender’s classmates, Viola Davis as Major Gwen Anderson, one of Graff’s colleagues, Abigail Breslin as Ender’s sister Valentine, and Ben Kingsley as Ender’s teacher Mazer Rackham. But the trailer also leaves out five key elements of Card’s novel—and the decision to exclude them in favor of action sequences gives a sense of what kind of movie Summit Entertainment wants us to think Ender’s Game will be:

1. Peter Wiggin: Ender’s sadistic older brother, Peter was the first of three attempts to breed a perfect general from the Wiggin family. Because Peter was too aggressive, and Valentine too empathetic, Ender’s family was allowed to have him as a third child in defiance of the United States’ population laws. Peter viciously bullied Ender while the two of them were growing up, and after went to Battle School, enlisted Valentine in a scheme to gain political power through an early form of blogging. He’s a painful illustration of the price of greatness, and one of the key people through whom Ender’s Game explores international politics in the wake of alien attacks.

2. The Fantasy Game: We see the children in Battle School playing with powerful simulations on computers, but we don’t get a glimpse of one of the novel’s most interesting devices: a video game that’s personally tailored to each student’s experience, and that Battle School uses to monitor their mental health.

3. Alai and Bean: Two of Ender’s best friends at Battle School are Alai, a talented Muslim student, and Bean, a younger boy who comes under Ender’s command as he rises through the ranks of students. Alai, who begins as Ender’s equal, is a reminder of how the drive for excellence can alienate even your closest friends. And Bean is an illustration of how to bring out the excellence in someone else.

4. Bernard: And just as we’re missing Ender’s friends, the trailer doesn’t show us Ender’s greatest human enemy at Battle School, a French student named Bernard. There’s no question that the advertising for Ender’s Game has to outline the main conflict between humans and the Buggers, the pejorative name for the alien invaders. But it’s losing a lot of Card’s point if the movie forgets that the conflicts between humans are just as important as space opera.

5. The Net: Much of Ender’s Game is set at Battle School, but the story back on Earth, where Peter and Valentine become powerful political commentators on the Net, Card’s version of the Internet, is equally important. The Cold War between the United States and its allies and the countries aligned under the Warsaw Pact has an enormous influence on Battle School’s commanders and the way they push Ender and pace his training. And Peter and Valentine’s very different feelings about the influence they accrue offers an important contrast to Ender’s command of his troops far away in space.

Now, I assume most of these elements will appear in the finished film that we’re going to get in November. Peter, Alai, Bean, and Bernard all are in the cast list. Major Anderson is the character who oversees the Fantasy Game. But given that much of the power of Ender’s Game comes from the fact that the war on the Buggers takes a surprising turn, and the question of whether humanity wins or loses it becomes much less important than issues of psychology and ethics. I understand why Summit feels more confident selling audiences who aren’t familiar with Card’s work on a major space war than on a meditation on empathy. But I hope that the film itself stays true to the best, most penetrating aspects of Card’s work, and the trailers are as much of a bait and switch as the one Ender’s subjected to throughout the novel.

Security

Pentagon: Estimated 26,000 Sexual Assaults In Military Last Year

(Credit: Service Women Action Network)

Just one day after the Air Force’s chief of sexual assault prevention was arrested for sexual assault himself, a new Pentagon report shows a sharp increase in the estimated number of assaults in the military annually.

The report from the Department of Defense’s Sexual Assault Prevention and Response Office for Fiscal Year 2012 found a 6 percent rise in reported assaults over the last year, for a total of 3,374. But much more troubling is the estimated number of sexual assault incidents that were never officially reported. In last year’s report, there were an estimated 19,000 instances, but this year the number has jumped to an unprecedented 26,000 instances of assault, leaving thousands unreported.

The disparity in the total number of instances of Military Sexual Trauma (MST) compared to those fully reported — where the victim fills out an official report and action is taken — can be seen as being due to victims’ fears of retaliation, including possible discharge from service or being overlooked for a promotion. The new results line up with those seen in a 2011 Pentagon health survey released in April. According to that report, more female service members were willing to come forward about sexual abuse and assault, with roughly one in five women saying they were victims of unwanted sexual contact from another member of the military, but under reporting remains a serious issue.

“Sexual assault has no place in the United States military,” Pentagon spokesman George Little said in a statement released Monday night in reponse to news that Lt. Col. Jeff Krusinski, the Air Forces’s chief of sexual assault prevention, had been arrested on charges of sexual assault. “The American people, including our service members, should expect a culture of absolutely no tolerance for this deplorable behavior that violates not only the law, but basic principles of respect, honor, and dignity in our society and its military.”

Despite that pledge, assault and abuse in the military has been under increased scrutiny in recent months, following a series of high-profile scandals. In February, Lt. Col. James Wilkerson was reinstated into service after an Air Force general overturned a jury, voiding Wilkerson’s sexual assault conviction. In 2012, Lackland Air Force base saw 12 instructors investigated for sexual misconduct toward 31 trainees, with at least one trainer sentenced to twenty years for rape and sexual assault. Army Gen. Jeffery Sinclair was likewise charged in 2012 with sexually assaulting a female subordinate, then threatening her career if she went public.
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Security

Air Force Officer In Charge Of Sexual Assault Prevention Arrested For Sexual Assault

Lt. Col. Jeff Krusinski's booking photo (Credit: ARLnow.com)

The officer in charge of the U.S. Air Force’s response to sexual assault was himself arrested for sexual battery this weekend, drawing attention yet again to the extent of rape culture in the armed services.

Lt. Col. Jeff Krusinski is accused of assaulting a woman in an Arlington, VA, parking lot early Sunday morning. According to the police report of the incident, Krusinski approached the woman in question after a night of drinking:

On May 5 at 12:35 am, a drunken male subject approached a female victim in a parking lot and grabbed her breasts and buttocks. The victim fought the suspect off as he attempted to touch her again and alerted police. Jeffrey Krusinski, 41, of Arlington, VA, was arrested and charged with sexual battery. He was held on a $5,000 unsecured bond.

Krusinski is the head of the Air Force’s branch of the Sexual Assault Prevention and Response Program, a Department of Defense initiative to combat sexual assault in the ranks. A spokesperson for the Air Force confirmed to local blog ARLnow.com the man described in the police report is in fact Lt. Col. Krusinski, but gave no further comment. ARLNow also confirmed that the woman and Krusinski did not know each other prior to the encounter.

The Air Force’s response to sexual violence was last scrutinized following a controversial case involving an Air Force general overturning a jury’s sexual assault conviction. That case launched a review of the military’s approach to cases involving sexual assault, resulting in Secretary of Defense Chuck Hagel sending Congress a series of recommendations for them to pass into law. As it stands, however, an estimated 19,000 instances of sexual assault occurred in 2011 alone.

(HT: Graham Jenkins)

Update

Wired’s Danger Room is reporting that the Air Force has removed Lt. Col. Krusinski from his role as chief of the Sexual Assault and Prevention Response program.

Security

Soldiers Sent Back Into Combat After Concussion Suffer Consequences Years Later

(Credit: Tyler Hicks, via Scientific American)

A report aired on 60 Minutes on Sunday shed light on the under-reported threat combat soldiers faced when sent back out into the theater with a concussion, a decision that has had long-lasting repercussions on American veterans.

For years, concussions have been an invisible and therefore neglected injury within the armed services. At the height of the Iraq War, the standard operating procedure was to have soldiers who had sustained head injuries from the explosion of IEDs or other trauma to go back out into the field soon thereafter. In doing so, these soldiers — suffering from symptoms including severe aches, double vision, and nausea — were put at risk of suffering a second concussion before the first had healed, an event that heightens the chance of permanent brain damage.

Maj. Ben Richards, a retired Army veteran, was one of the soldiers sent back out after a concussion who has now been diagnosed with brain injury. “If I could trade traumatic brain injury for a single-leg amputation, I’d probably do that in a second,” he told 60 Minutes, underscoring the difference between visible injuries and those hidden inside the brain. Before his new diagnosis, Richards was told he instead had Post Traumatic Stress Disorder (PTSD). “If you have PTSD and you are not improving through counseling, then it’s your fault,” Richards said of the stigma that still accompanies such a diagnosis. “It was my fault that I wasn’t getting better.”

Watch the full segment here:

Dr. David Hovda, head of UCLA’s Brain Injury Research Center, tried to explain the severity of even mild concussions on soldiers to the Pentagon in 2008. Instead, he was told it was “bad medicine” to keep soldiers out of the field to rest after a concussion, with an assembled team of Army doctors claiming that, because of the stigma that would entail, allowing for rest before being sent back out would make soldiers worse. Gen. Peter Chiarrelli — then the Vice Chief of Staff of the Army, now an advocate for mental health in the military — chose to side with Dr. Hovda in 2009 anyway, issuing an order saying that all forces who suffered concussions would be pulled from combat until their recovery.

Despite Chiarrelli’s decision, the numbers still aren’t good for veterans. 357,000 veterans — or about 20 percent of those who served in Iraq and Afghanistan — have experienced a traumatic brain injury as of January 2009. Despite that, only 46 percent of those who experienced a mild traumatic brain injury were screened for a concussion. At its peak in 2011, the Department of Defense reported 16 new concussions were inflicted per day.

Last year, the NFL donated $30 million to study concussions, in partnership with the U.S. military. Efforts are also under way to raise some $90 million to construct more brain injury centers along the lines of the National Intrepid Center of Excellence, the military’s most advanced brain injury evaluation center. Nine additional centers would enable the military to care for 9,000 brain injuries per year, the amount of new injuries officials expect as the war in Afghanistan winds down.

Health

The Pentagon Blames Insurance Giant For Military Families’ Health Care Delays

(Credit: Go Army)

Pentagon officials circulated a memo to military leaders on Thursday blaming delays to military families’ health care referrals on UnitedHealth Group, the nation’s largest private insurance provider. The delays led the Defense Department to take the unusual step of granting temporary waivers “so the plan’s members in the western region could get specialty care without UnitedHealth’s authorization and not incur penalties.”

In April, UnitedHealth took over a contract that serves beneficiaries enrolled in the Tricare Prime program in the western United States. Tricare ensures that nearly 10 million active duty personnel, retirees, reservists and their families have access to health benefits; the Tricare Prime program itself is a subset of that entitlement, pairing beneficiaries with “a primary-care manager responsible for referring patients to specialists for necessary services.”

However, those specialist referrals are contingent on the insurance provider’s — in this case, UnitedHealth’s — approval. The trouble is, the insurer has been falling behind in approving those referrals, leaving many military families in limbo while waiting for their care. And while UnitedHealth spokespeople claim they were simply overwhelmed by an unexpected number of referral requests, others argue that they were aware that this exact problem would arise, and should have been prepared to deal with it:

The delays are occurring because UnitedHealth has received requests for referrals and care authorizations that “far exceeded the norms” since it took over the contract, said Bruce Jasurda, a spokesman for the company.

“The increased volume was driven largely by people asking whether previously authorized referrals and authorizations were still valid, resulting in large numbers of duplicate referrals in the system,” Jasurda said in a phone interview. The company “understands the issues we need to improve on, and we are taking aggressive action.” [...]

U.S. Representative Doug Lamborn, a Colorado Republican, said in a letter to Defense Secretary Chuck Hagel yesterday that health-care providers in his state are facing “unexpected and dramatic reductions in their workload” because of the backlog in referrals. He also blamed UnitedHealth.

“They claimed to be aware of the problem and doing what was necessary to get on top of the problem,” Lamborn said in a phone interview. “There seemed to be a disconnect from the reality on the ground.”

Specialty care encompasses a broad swath of medical services, ranging from urgent care surgical procedures to treating autoimmune disorders — so UnitedHealth’s delays were, in essence, preventing military families from getting anything other than primary and preventative care until Thursday’s Pentagon waiver was issued. That’s especially problematic considering that many military families’ health needs fall outside the realm of primary care.

And when it comes to Tricare, specifically, beneficiaries certainly don’t need additional hassles from insurance companies. The program’s outsized spending on retiree — as opposed to active — enrollees’ benefits has led Pentagon officials to call for raising veterans’ out-of-pocket health costs. So far, Congress has found such a proposal too politically unpalatable to adopt — but given the reality of the numbers, their resistance may not last much longer.

Justice

Top Military Court Leaves Door Open For Attempted Suicide Convictions

When Marine private Lazzaric Caldwell attempted suicide by slitting his own wrists while stationed in Okinawa, he faced criminal charges under a military code provision that punishes “self-injury.” Suffering from diagnosed depression and post-traumatic stress disorder, and facing several other convictions, Caldwell pleaded guilty to the charge, and was sentenced to 180 days in jail in addition to a bad-conduct discharge. On Monday, the highest military court overturned Caldwell’s conviction on narrow grounds by a vote of 3-2, but it left the door open for other charges of “intentional self-injury without intent to avoid service.” MClatchy Newspapers reports:

The setting aside of Caldwell’s guilty plea, because of facts specific to his case, means another military prosecution eventually could become a test case for the crime of self-injury. Congress or the Pentagon also could address the broader legal question if officials want to modify military law. The two dissenters in the 3-2 decision issued Monday believe that could be the better course.

“While I question whether punishing either bona fide suicide attempts or suicidal gestures (under the Uniform Code of Military Justice) is wise or fair, that is a determination to be made by the president and Congress, and not this court,” Judge Margaret A. Ryan wrote for the dissent. […]

Active-duty members may be prosecuted under Article 134 of the Uniform Code of Military Justice for conduct that causes “prejudice to good order and discipline” or has a “tendency to bring the service into disrepute.” Self-injury is one of the enumerated examples of this kind of conduct, as are a variety of other actions, ranging from indecent language and perjury to straggling and wearing unauthorized insignia. […]

In its decision Monday, the court’s majority concluded that the set of facts in Caldwell’s particular case “does not establish that his conduct was to the prejudice of good order and discipline in the armed forces, or of a nature to bring discredit upon the armed forces.”

“We need not address the more general and specified question as to whether and when a bona fide suicide attempt would satisfy the elements of (a Uniform Code of Military Justice) offense,” Chief Judge James E. Baker of the military appeals court wrote.

The military has faced a suicide and mental illness epidemic in recent years, and lawmakers have introduced bills to improve mental health assessments, but not to alter the self-injury provision. The provision could be modified either through an act of Congress, or by the Pentagon or the White House removing self-injury from the list of enumerated actions under Article 134, and a Defense Department committee is now reviewing the provision. Caldwell’s bad-conduct discharge made him ineligible for certain veteran’s benefits, and Caldwell said last February he was getting no mental health treatment.

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