If you are on active duty, there are numerous issues that can call for the assistance of an attorney. The most significant situations usually concern charges brought by a command under the Uniform Code of Military Justice (UCMJ). Commanders often choose to “prefer” charges against a soldier, sailor, airman or marine and, in certain circumstances, those or other charges are “referred” by a commander for a court martial. Those charges most likely come from of the punitive articles listed in the UCMJ. An attorney can play a vital role in the defense of a case even before charges are preferred by a command.

If charges are brought before a court martial panel, the service member faces a daunting task. Having the right attorney representing the service member is critical.

If convicted at court martial, a panel can consider a number of options for punishment. If the panel decides to separate the service member from the armed forces, a service member can receive 1 of 5 possible types of discharge: Honorable, Under Honorable Conditions (often called a “General Discharge”), Under Other than Honorable Conditions, Bad-Conduct Discharge, or Dishonorable Discharge. The last 2 of this list, Bad-Conduct Discharge, or Dishonorable Discharge, can only be given after a conviction at court martial. Whether a service member will retain various benefits, including VA benefits, his/her Montgomery GI bill, or even his/her retirement, hinges greatly on the characterization of discharge.

Another form of discharge is uncharacterized. An uncharacterized “Entry Level Separation” typically is granted in situations when a service member is in his/her first 180 days in the service and is not adjusting well to the military lifestyle.

An alternative to bringing a service member to court martial is bringing the service member before an administrative board. There are many boards in the various service branches. Some are convened to determine whether the service member has committed misconduct sufficient to be separated (essentially fired) from the service branch. Other boards are convened to determine whether an injury is severe enough to prohibit continued service by a service member. Officers who are suspected of misconduct might be brought before a board of officers or a board of inquiry. Experienced representation before administrative boards is critical to a service member’s success or failure.

Reservists often times encounter as many legal issues as their active duty brethren. Many times a reservist receives orders activating the service member to duty. The orders may have been issued erroneously. However, disregarding those orders can create its own set of issues. Alternatively, some reservists find that reporting for active duty may cause a devastating impact on their families and civilian lives. Consulting with the right, experienced attorney is important in determining what a service member’s rights and obligations are.

Some reservists encounter issues with their civilian bosses before leaving for an activation or deployment or when they return from one. Federal laws such as the Uniformed Services Employment and Reemployment Rights Act (USERRA) help protect service members who face these problems. Our lawyers help navigate these difficult issues. A service member has enough to think about when deployment orders are issued – this should not be one of them.

Many veterans and ex-service members attempt to correct their military records. However, the process can be confusing and paralyzing. We can help you prepare your application before the Army Board of Correction of Military Records (ABCMR), Air Force Board of Correction of Military Records (AFBCMR), and the Board of Correction of Naval Records (BCNR).

By: Paul Laufman

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One of the great selling points for convincing young people to join the military is the health care benefit packages that come with membership in the Army, Navy, Marine Corps, or the United States Coast Guard. The health care coverage options will include the service member and every member of the immediate family. While on active duty, the services will be provided by medical facilities on base, or at military hospitals that are located throughout the world.

The military provides health insurance at no cost to the service member throughout their enlistment in the armed forces. Health care coverage for dependents is very generous and dental coverage plans are available. Physicians who have joined the military provide the treatment needed by officer’s and enlisted personnel. These physicians will become part of the medical staff that are stationed onboard Navy vessels, or at medical facilities that are strategically placed in foreign lands.

As part of the readiness programs designed by the military, service members are expected to return to duty after treatment has been provided. Some treatments will require the military member to be flown to a specialist in a foreign land. The military service member receives this special treatment at no cost and is allowed to recuperate for long periods before being expected to return to duty. The family will continue to be protected by health care insurance coverage while the member is deployed overseas.

All treatment at military facilities is documented in a military health record for every service member. A copy of the official health record is provided to every service member when they retire and can serve as official documentation for receiving health benefits through the Veterans Administration. The level of benefits will be based on the level of the disability rating assigned by the Veterans Administration, and if the service member is rated totally disabled, they are provided health care coverage for the rest of their life at no charge.

Every complaint for medical service should be documented in the military members health record. Even minor complaints of ear aches, sore throat, or injuries incurred while on active duty should be noted each time treatment is received. The frequency of the complaints will be considered when the Veterans Administration assigns medical disability ratings. The frequency of visits may be large due to the no cost health insurance coverage in place for all members of the military and each one can have great bearing on future medical benefits that are offered for military member discharged early for disabilities incurred while on active duty.

The health benefits packages for members of the military extend to over-the-counter medications that civilians must pay for with money out of their own pocket. All military service members can visit a military health clinic, fill out forms for cough medicines in liquid and pill form, and receive them at no cost. The service member is entitled to regular dental exams, which will include the issuance of dental hygiene tools and cleanings at no expense to the member.

By: Jim Brown

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A doctor and a US veteran are currently being held under the surveillance of Philippine authorities in connection with the scam that victimized an American military health insurance programme.

Lawyer Claro de Castro, chief of the National Bureau of Investigation’s Interpol division, stated extradition cases are coursed through the Department of Justice (DOJ). He explained once the DOJ approves an extradition request a warrant of arrest will be issued and the NBI will serve it.

However, De Castro denied requests to reveal the identities of the two suspects so as not to jeopardize police operations.

In 2007, de Castro said a US veteran was extradited to the United States for his involvement in a scam that had been paid by TRICARE, the US Department of Defence’s worldwide healthcare programme for active duty and retired uniformed services members and their families, more than $100 million through fraudulent claims.

The scheme involved Philippine health providers, which were accused of getting kickbacks from false claims, inflated by as much as 2,000 percent, filed with TRICARE for medical services.

De Castro said the American veteran’s plea agreement with the US government was a bargain. The bargain consisted of the US government reduced the veteran’s pension after he admitted to overcharging his health claims by an estimated $35,000. The veteran had since returned to the Philipines.

Justice Secretary Raul Gonzalez, however, said his office has yet to receive an extradition request from Washington. ‘If there are people here and they have been indicted in the US and they ask us for extradition, we have no recourse but to comply because of the extradition treaty,’ Gonzalez said.

He anyhow maintained that the extradition proceedings might take particularly long, in particular if the accused questions the extradition request before the local courts.

Gonzalez added that he was not surprised when reports regarding the fraud came out, citing an incident in which a health provider operating in Subic, Angeles City and Bacolod was blacklisted due to fraudulent claims.

The justice chief said the health provider has overcharged and manipulated a patient’s medical records.

On April 22, 2008, the online edition of Marinas Variety reported that a Filipino doctor was arrested and charged with conspiracy, aiding and abetting, and filing of false claims in Wisconsin in connection with the kickbacks he purportedly got from TRICARE claims.

It was reported that Diogenese Dionisio would allegedly give the beneficiaries between 40 to 80 percent of the amount of the claim while the rest of the money would go to him and his clinic, CDMF Medical Clinic in Mandaluyong City. In 2006, a former American administrator of Philippine health provider, Health Visions Corporation, pleaded guilty to defrauding the TRICARE program. Thomas Arthur Lutz was charged with participating in a conspiracy with Health Visions and a physician in the Philippines to double bill TRICARE and kickback the inflated payments to the health provider.

On Thursday reports said a US judge ordered Health Visions to pay back the $100 million it swindled from TRICARE. An Associated Press report said Health Visions was ordered to liquidate all its assets within months and give the proceeds to the US government. On top of the $99.9 million in restitution, Crabb directed the company to forfeit an additional $910,000 and pay a $500,000 fine.

Under Crabb’s decision, the report said the Health Visions will be required to sell off land, office buildings and hospitals in the Philippines and an airplane and houses in the US. Meanwhile, Commissioner Eduardo Malinis of the Office of Insurance said Health Visions is not part of its roster of insurance companies.

By: Sofia Abasolo

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CorruptionDee asked:


Allow me to elaborate. Back in 2002, when I was 21 years old, I was serving in the US Army. Although stressful at first, I was handling everything just fine until things started to fall apart back home. Obviously, with several traumatic events occurring back home, I started to fall apart, since I was still very young, and stationed far away from home. Like anyone else, I spoke with the post psychologist for advice. I kept seeing him and telling him how I felt, until I was finally given an Honorable discharge after 16 months of service. He was straight forward, and said that he didn’t think the Army life was right for me, because of my acute depression at the time (I never had a history of depression). I agreed and was discharged honorably. The problem is that I was discharged under AR 635-200, Para 5-13, where the narrative on the DD 214 is “Personality Disorder”. To make a long story short, I despise this narrative because not only is it grossly inaccurate, but completely false as well. Just because someone is suffering from depression and can’t cope with the rigid Army lifestyle as well, doesn’t mean there’s something wrong with them. These types of narratives cause people to prejudge you, because the first thing that comes to people’s minds when they hear “personality disorder” is crazy. I’m completely sane, and always have been. I don’t have a shred of depression or disciplinary problems, especially in the civilian world.

People who know me can’t believe the narrative listed on my DD 214, but unfortunately any time you’re in the Army or military and you have depression problems that develop while you’re serving, and they don’t want to med board you, they just classify you as having a personality disorder.

In any case, I’m not here to bash the military as I have had many positive experiences there, but right now I’m trying to get my life on track and join the NYPD. I have completed all of the processes, and although I have had a squeaky clean record my entire life, I always felt as though I was wasting my time during the application process, because once they gain access to my military records, they’re going to take what is said as gospel, and disqualify me without me having a shot to prove myself. I have just seen the NYPD psychologist, and was calm and collective. I told him everything that went on in the military regarding my depression and the cause from my depression, and while it appears as though he was taking my word for it, he’s requesting a copy of my military psych records, before he can “make a decision”. I believe I’m more than qualified, but I can’t help but get the distinct impression that it’s a no-go once he receives the documentation he desires.

My question is, do I even have a shot? Or did I just waste my time. I would never put the military down, or try to steer anyone away from it, but there’s no secret that the military misdiagnoses people on a daily basis. I did my own research on my discharge and found that hundreds of people have the same problem. Thanks in advance and sorry about the length of the post.

DAFFODIL