last update 2.12.2020

THIS PAGE ITS FILES, LINKS, AND SUBDIRECTORIES (ichisama.com/data/soldier/...) IS NOT PUBLIC ACCESS. YOU MUST REQUEST ACCESS VIA THIS: EMAIL LINK.
Visitors are hereby notified that any dissemination, distribution or copying of the information within this entire website, in part or in whole, is strictly prohibited without prior written permission.

Thank You!

If you wish to obtain files, request permission to copy or disseminate, comment, or know someone who may be helped by or interested in this information send me an email using the following link email.
If you have trouble with this site please contact me.

All links herein should open in a separate window or tab.

THIS IS A WORK IN PROGRESS.

How and why I made this page, click here (DEPRECATED 12/2018).

You may wish to peruse the online documents individually from a list on a separate page by clicking on [soldier files list]. There may be items on the files list page that are not yet linked and described here.

The numbering and order of files on the [soldier files list] does not necessarily represent a chronology of events.
The date headings below are meant for date record of content entry, not actual events, though at times they may coincide.

Different Wars

2.28.19
I changed the title from 'Peacetime Soldier' to 'Different Wars' after reading this 2019 Washington Post article, titled: 'The parking lot suicides: Veterans are taking their own lives on VA hospital campuses, a desperate form of protest against a system that they feel hasnÕt helped them.' The most recent suicide listed was at my VA. It could have been me. What follows was not started because of VA, though is plenty of "VA" in here. Interestingly, a 1985 WaPo article is what allowed me to pursue my discharge case in the first place.

8.27.06
Ladies Home Journal magazine, Feb. 1959, selected our family for an article entitled How America Lives. There were only five of us then: Dad, Mom, and three children. My two younger brothers, John, then Robert, were not yet born. A photographer lived with us for a number of weeks. (They gave us a very nice bound photo album afterwards.) One of the pictures in the article (p. 142, top right) is of us marching around military style. The radio is playing Mitch Miller's 'Colonel Bogey March'. Many things that were to come in my future, some of which are reported on this site, are symbolized by that picture. I was told later that that picture had been blown up and put on a billboard in Moscow!

So, I am the oldest. That's me in the stripped PJs. Now the rest of the story, as it is so far.

1.25.05
In 1983 I began what would lead me to suing the U.S. Gov. because of my having been illegally discharged from the Army. I was walking around Camp Zama (Japan) with a FOIA (Freedom of Information Act) letter in my hand, collecting copies, from rather hostile sources, of all my records and files. Talking to myself all along, saying one day I'm going to get them. I was preparing. I remember vividly that day, that walk. It was before I got JAG to write me a better FOIA letter --nobody would cooperate with the one I drew up. That's why I have all these records, and more.

When you view the previous link, DD214 (Military Discharge Certificate), you are looking at an official copy (scribbles, pen marks, and all). I mention this now because it is important to an understanding of the cumulative stresses all these things contribute into my life. It is also important in that, not only is my discharge damaging to show a perspective employer, as will be revealed, but it even "looks bad," which makes the effect of it all even worse. Why does it "look bad"? Every time, over all the years I had to have certified copies with a raised seal from the National Personnel Records Center, they always sent me those official copies that look just like the one linked here, circles, scribbles on it, and all.

I won my case eventually in the US Claims Ct., in Dec 1991 --pro se, and not because I wanted to be pro se. My mother typed my motions for all the years it took. Later, my (second) wife copied my nearly illegible notes and papers, from napkins and small pads into several notebooks worth of what would become court pleas, complaints and motions --among other letters and crys for help.

I filed my complaint(s) in several courts over the years before and after the U.S. Claims Court, which changed names twice while I was there.

All my relationships have been adversely affected by this; the best and most important ones completely lost and usually "with prejudice", to borrow a legal phrase. Leaving scars all around. The discharge was in large part resposnsible for my first divorce. We lived in Japan where my son was born. I was statioined there at Camp Zama. Bobby was two years old when we left, forced out, and separated before we left --in order to use the "free" military lawyer (JAG) to write up the separation.

8.28.06/11.27/18
Before continuing I urge you to read the following. This outlines the FERES Doctrine. Please also see: FERES Doctrine, from a 2018 article. Feres vs. United States is a Supreme Court case from 1950. Feel free to research and make up your own mind. One of the first military legal buildings I ever walked into --I haven't written about that yet-- had the same (2019 edit: the original FERES link I had used was a petition which is no longer available) George Washington quote: "When we assumed the Soldier, we did not lay aside the Citizen," engraved on its outside entrance wall at the foot of a larger than life image of a Minute Man, the American revolutionary citizen soldier. There are efforts today to at least inform, make it law at least to inform, recruits going into the miltiary of the FERES Doctrine. I believe it ought to be abolished all together, so did SC Justice Antonin Scalia and we are on opposite ends of the political spectrum.

1.25.05
5 years later in 1996, after I had ostensibly won in the U.S. Claims Ct. (Dec. 19, 1991), I realized that I still had the same discharge certificate, DD214. It was still stigmatizing me. I still had an illegal discharge. I sued again, in the US Federal Ct., in Los Angeles, CA., and on Jan 23, 1997, a form DD215 was issued --it says 30 Jan, but the letter ordering it is dated Jan 23, 1997. Note, that LTC Chapman ordered a "new discharge certificate" (DD214), but the next guy, LTC Elling, somehow, decides to produce a DD215 (note: the DD215 is called: "Correction to Form DD214"), here it is again (marked VOID by the ABCMR in 2005): DD215. Here is LTC Elling's letter stating his "compliance" with LTC Chapman's order. Also note, that LTC Chapman does not address several relevant "boxes" (sections of the DD214) that needed correction, especially the reenlistment code box --this code is corrected on a new (2005) discharge certificate that I will show you ... now: DD214 --that's the first "new" (or legal) one; I made them remove the: "ADMINISTRATIVELY REISSUED 2004..." part in Box 18, which they did in 2006: DD214, 2006, the second "new" (or legal). Note the Box 27 REENTRY CODE "RE-1" and compare that to the original and illegal DD214. Read on....

Until Jan., 2005, I had to present both documents, the DD214 Military Discharge Certificate and the DD215 Correction to DD214 for anyone to fully possess or read my discharge, correctly; that is, the original dischrage and its DD214 had been voided (by the US Claims Court) and simply never reissued. So, I would have to show both, which is something that I chose never to do. That is, I decided I was never going to show any of it to anyone, come what consequences may.

Believe it or not, most employers could not (or would not) put that simple 2-piece puzzle together, DD214 is corrected by DD215. I am sure looking the DD214 you can see the problem, but how you would react to the corrective form? Would you have been biased and not been able to see the correctives and so would possibly discriminate against me based on the (erroneously) stigmatizing DRUGS information you had seen? There is sage advice offered by Dr. Hawk in the Army Surgeon General's Blue Ribbon Panel Report, that I will show you more of later, on that very issue: "That one false positive is of grave concern, however, if it is a forensic sample from an individual whose freedom, career or civil rights hang in the balance."

I have been turned down in each county (two) where I have applied for teaching jobs because of this stigmatizing discharge. To be fair, in the first county I never did get that far because I chose not to, eventually. I did show what's called the deleted form or short form of the DD214, that is, this was the culmination of all the years of never showing any of it to anyone. Thus, in that county I could not get a job in the school system. I left it undone and as unfinished business, it actually got kind of nasty. I don't think I've gone into that yet in these pages. However, then I moved to Collier County and now I am in the process of suing them --unless they change their tune, they have been advised. As of March 15, 2005, they have not uttered a word after my repeated contact. Even after having given them (Collier County Public Schools, hereafter CCPS) the following documents: a brand new DD214 received Jan. 2005, and the Dept. of the Army cover-letter advising all previous discharge documents be destroyed.

6 months ago, Sep 2004, I filed another form with the corrections board, even after having "successfully" sued twice --I was ordered reinstated, "restored to active duty retroactively..." in 1991, click here, see "1."; back pay is a separate issue, click here, see "2." This intial case (U.S. Claims Ct., No. 326-89c, lasted approx. 9 years. Notice in the judge's decision in the final paragraph (after "3."), the judge stopped calling me "Mr." and finally calls me by my rank.

Today, 24 Jan 2005, I received this cover letter ordering the old documents destroyed and this new DD214. Note: the reenlistment/reentry code(s). Now, I am RE-1.

Finally, on a personal note, more tragic irony [it's almost comedic --perhaps it really is], that it is almost exactly 8 years to the day from the DD215 (Jan 23, 1997) to my *receipt of the new DD214, Jan. 24, 2005.

I am taking my new DD214 with my new RE-1 to the recruiter's office. I believe I had crossed the threshold of "being allowed to serve" because I was "already in". I was later reinstated, ordered reinstated, but never physically put back in.

They claim that they "put me in" and then dismissed me (that is my summary) by paying me off of my contract. (No one has the right to enlist or to reenlist.) I claim that that is not fairness, since by virtue of "being in" I would have had every legal opportunity to re-up, I qualified. Just as any other soldier does everyday, even now, in that same MOS.

They have still, yet again, put me out without due process and without cause. I further believe, with discrimination for a perceived disability (see: Americans With Disabilities Act). Now they give me the RE-1. Had I had an RE-1 then, I could have Reentered/Reenlisted (after all that's what the code is for). I am over the hurdle of Secretarial whim to serve because I am suppose to be "in," in the first place, not outside looking in --only "in," makes me whole. I was in uniform, and back in it is in part what starts to make me whole again. Not this partial loaf I have been given, this crumb.

1.29.05
I went to the Army recruiter, more on that another time. I video taped it! Also today, I sent most of the documents on this site and others not up here yet, as supporting documents, along with my new/latest application to the ABCMR (Army Board for Correction Military Records, hereafter ABCMR) and its continuation sheet, i.e., right back to the ABCMR who just sent my new DD214 --now I want to use it. Reading that, along with what is also here, is my case to date, minus "damages" recovery that is so illusive. I did, in early 1992, get a check for $4,187.70, 3 months "back-pay" (see this link again, at "2." --and remember, my legal discharge, as far as I'm concerned, just arrived Jan. 24, 2005, because until it's fully corrected it isn't legal --I still haven't signed it) when they paid off my old enlistment contract, here is rather bad a picture of the check.

3.14.05 - 3.15.05
I don't know what's best or how to approach finishing my discharge battle, but it's not over.

In short, go after getting back in, which would be a long time to retirement (time I've been out will not count, unless some kind of magic occurs) or the disability route. I am pursuing the disability route already, see the next section. (I've decided I need to edit all this into chapters and not like these two sections [see title at top of this page].) In fact, it was during the time of deciding what to do and how to proceed, aided along by CCPS not hiring me, that I decided to start writing this as a web-page and start scanning my documents and putting it online. Mainly, so that if I ever had an interested lawyer or anyone else who is interested in my story, I can point them here for expediency.

Ok, so let's get some of this story going!

I joined the Army in 1978 via the Delayed Entry Program and the Stripes for Skills Program. I took an audition for the Army Band at Little Creek Naval Amphib. Base, near my home town of Va. Beach, VA., and signed up in Jan. 1978 for entry to Boot Camp in Ft. Dix, NJ on May 9, 1978 (day before my 24th B'day). Stripes for Skills was for my college at Berklee College of Music, so I got E-3 (PFC) right away.

I was sent to Richmond, VA., to the AFEES (Armed Forces Entrance Examination Station), that's the place where you get the physical and fill out all the forms (background check, etc.) and are finally sworn in. After two days in a Richmond, VA., hotel with another recruit --that I have never seen again-- I was put on a train, to Boot Camp (BCT, Basic Combat Training), at Ft. Dix, NJ. Only, for me there was a slight problem before I clould be cleared at the AFEES.

I have the complete set of the AFEES records but there is only page that is interesting here. This image shows where I checked "Yes" (5th box down) in a box that indicates that I had previously been in a mental hospital (TPI, Tidewater Psychiatric Institute in Norfolk, VA.) when I was just turned 18, not a month after High School graduation. I had to go back home to Va. Beach, VA., and get Dr. Stuart Ashman to sign the AFEES provided document/questionaire, shown here, saying I was OK to sign up. I took that back and the rest is an "ongoing" history, or, rather, a mess.

As you can see, Dr. Ashman writes "Depression" and, in effect, states that I am good to go. I don't really believe that he believed that I was "cured." Notwithstanding that I had tried to commit suicide. I believe that he thought the military would be good for me, or, at least he didn't want to keep a 23 year old young man from having that opportunity, plus he knew my family a little, having lived fairly near by. So, off I went to Boot Camp at Ft. Dix, NJ, where I won top honor, Trainee of the Cycle: AUSA plaque;  BCT plaque;  Col. Dukkony, ADA, 3rd Basic Training Brigade;  Major General Patch, Commander, 3rd Basic Training Brigade. Check out the dates, it's the 4th of July!

Dates have taken on a life on their own: 1959 Ladies Home Journal takes picture of me marching to Col. Bogey with helmet and wooden rifle; May 10, 1978, my 24th birthday is my first day at Basic; and except that it's a holiday I graduate Basic on July 4th. There are court results that have rather coincidental dates --the years between. I guess you can do anything with numbers, see them anyway you like. DJ Henry my first college English teacher, who passed me out of the first two required semesters of college English, would view as the muse beckoning me, I suppose. I'll have to write more about her later.

Here is a picture of the big bad "Bravo [Company] Barbarians," a "Lean Green Machine." Quite a diverse group. Can you imagine, these are the boys who fight the wars. I am at the top left, third one in.

Later, because of winning Trainee of the Cycle at Ft. Dix, I would always be chosen/told to represent in all military contest. I always won for my Unit and on up the line, my entire command. Maj. Scriverner, Adjutant, IX Corps, Japan;  Brig. General Kastner, Chief of Staff, IX Corps, Japan. Here's a picture of my ex-wife Cindy, myself, and General Kastner. There's a few good personal stories about myself, a trumpet player named Murphy, and this "General Joe."

On my enlisted evaluation reports, I always received the highest marks and really nice comments. they'd never give you the max. (Although I believe they did a few times in my first few reports. I'll have to break those out eventually.) On one, 1SG Scott, my rating endorser, said, "SP5 Rogers is the most competent individual of his grade and MOS in the Army". Here is that report. The day before I was leaving, 14 Dec. 82, I was in the recording room being depressed and in came SFC Barbee, my section [Percussion] leader/supervisor, with an EER --it wasn't time for EERs, last was April and they're yearly. He wanted me to sign it. It had an evaluation of "62.5" on it. Here it is. At first, I just stared at him, the nerve. He even looked ashamed. I wouldn't sign at first, but then I did, what heck I was packing. It made me sick though, just another blotch on my formerly beautiful record. It's funny, this report seems to indicate that I'm falling apart, yet I get a "5" (individual scores are 1 -5) "physical fitness," a "4" from SFC Barbee for technical skills, although I haven't been allowed play in the band for the last 6 months; 1SG Scott gives a "5" for supporting Equal Employment and the EEOC, what a joke. Their comments make it seem like I've been given band gigs to play for the last 6 to 8 months, I wasn't, I was black-listed, kept off assignments and became the semi-permanent CQ (Charge of Quarters). CQ means staying at the Band Hall after hours and answering the phone. I wasn't working. This EER is a complete farce. So, within 6 months I went from the best in my grade, not only in my field, but as an individual (which my awards prove) in the Army, to some kind of unsuitable, incapable, monster and kicked out, not allowed to drive for the safety of the community and escorted out of country. (That was simply by a Japanese driver in a sedan, but still, it was on paper.)

So, I was a model soldier. As a guitar player (MOS O2T), I was "writing my own ticket." That is, there were very few guitarist in the Army. So, with Stripes for Skills giving me an advance on time in grade, I was getting promoted quickly, e.g., I was/would have been (just about to be) up for E-6 (Staff Sergeant, noncom) with barely 5 years in, that's incredible.

When I signed up, I also got to pick my duty station and I picked Tokyo. everyone in the office at the School of Music in Little Creek where I picked was jealous, they all lit up when I picked it, i.e., it was "open" for a guitar player. I was stationed there the entire time. I was somehow encouraged and enabled to dissolve my enlistment and reenlist as soon as I got there to reenlist again for Japan, and later to extend a year for Japan --there was at that a limit on how long you could stay overseas and they wanted me to stay. But, that all changed just before I was abruptly put out and there no longer any limit. I could have stayed. I loved it there. My son was born there and was two years old when I was put/kicked out. My discharge was the impetus for my divorce, as it caused all kinds of chaos and depression. I was not allowed to work with the band. I was not allowed to go to the States with my wife on emergency leave when the Red Cross summoned us home when her mother was dying of cancer.

During July and August (I think it was in June and July, she says July and August), Cindy, my former wife and first marriage, mother my only child and son, Robert, now 24, and born in Japan,... Cindy went to the States on emergency status. She knows it at least covered part of July, including July 14, because she remembers my Mother giving here a dress for our anniversary. She, of course took Bobby because he was still a baby. I remember being so distressed. I at one point called her and suggested she may as well stay in the States, that everything was falling apart back in Japan.

This "Red Cross" process occurs when someone back home contacts the Red Cross and the Red Cross contacts the Command, invariably with the bad news of a grave illness or death in the family, requesting the family members return home immediately. Cindy's Mom had Breast cancer. This emergency leave status gets a soldier and his family bumped up to the head of the line on a MAC flight (Military Airlift Command) at the Air Force Base. (MAC flights are where everyone is wanting to fly somewhere free if they sit and wait long enough.) The band bosses had somehow disallowed me from going. This was really unacceptable. I don't why I went along with it. I believe, well I know now, that they had the first positive urinalysis sometime in May (they hadn't told me, yet, that I had tested positive). I believe the were waiting to test me further. I mentioned it before or I will later, the + - - - + - series of test results. Apparently, they had me put in an "Urine Surveillance Program" (USP); though the document in the previous link seems to say they weren't admitting me into this "USP" until 21 June, more than a month later. This ABCMR document indicates: "specimens given on 17 May, and on 8 and 14 June 1982...". Believe me, they were testing me weekly. They had told me by then. I had of course denied it. But it was all 1SG Scott. In fact, it's strange to me that he's the one who wrote that USP referral. That should have been done by the Warrant Officer in Command of the band. It's also strange that there's is apparently already checked, on that same form, that I will be in "Track two" (those two "x" marks are difficult to see, but easy to make out blown up).

They simply never reported the interspersed negative results. Apparently, 17 May 1982 was the so-called random Unit sweep. Thereafter, it was just me reporting to the ADAP for more test, though I was not in any program that I had been told of, nor was ever told of any of the results after they finally told of the first; but, I sure was wondering what was going with all the rest of those test. I figured they'd tell me one day, but they never did. One of the findings of the Blue Ribbon Panel Review was that soldiers would be able to challenge any test... they were 12 months too late for me.

They put me in a Rehab program and then blamed me for everything adverse, negative or just stupid about it. Of course, including their own failures: the doctor at the medical clinic wouldn't give me antabuse (I was identified falsely for marijuana, THC), and they blamed me for not getting antabuse... he wouldn't give it to me, twice.

The same First Sergeant, 1SG Scott, had taken over the band as Acting Commander, he had chased many Warrant Officer's away --one of them, Chief "yellow-hand" Choate, told me so.

1SG Scott was piling on everything he could, preparing his two papers titled first Notice of Discharge, and later, Discharge Proceedings. See, he was "Acting Commander" after I was put in this program and he loved this power. He got rid of 3 COs while I was there. The last one told me directly, that that was why he was really leaving, that he wasn't really sick. Everybody had been calling him "Chief yellow hand" as if he had "mono" or something, but when he was giving me that Article 15 (the least form of military non-judicial punishment, that you can later have removed [filed locally ony] --for being late to work) he told me straight-out it was because of "Scotty."

At that time, receiving the Art. 15, my supervisor SFC Barbee was present, because he had to be, the old man went on to tell me even more. He told me this, he said, in relation to my urinalysis which was supposed to be a random Unit sweep (that Scott volunteered us for --half the band was either dopers or drunks, he himself was a drunk), he says, "You know why we picked your's to test? Because of what you said." I had said (because I'm such an individualist, forthright person, to a fault sometimes, always concerned about rights and regulations, always over-analyzing), I said to the guy handing out the specimen-cups at the bathroom door (this was at at our own bathroom), "Do you know the regulation which authorizes you to give this testing?" He said yes and stated it. I was impressed and gave my sample like everyone else. It wasn't any sort of delay, loudness, or any hold up. I said it while I stood there next to him waiting in line, it came natural to me. he was quite calm,, nobody thought twice or even noticed; but obviously some idiot heard me and ran off to tell like there was something serious to report, the kind of person who reports everything.

So, if I would of had that, what the CO had just told me in writing, or if Barbee had had the guts to testify to it, which he wouldn't, I'd of been done with this a long time ago, that, identifying someone by name, to test because of something they said or for any reason other than complete blind randomness was illegal. Back to the Article 15 and why Scott further [really] set out to get me, i.e., besides to feed his temporary 'Command' power (he was, after all, an enlisted rank albeit a noncom).

Note the dates: Choate, the CO, signs it Aug. 4 and signs again with me when he gives to with the punishment in place Aug 6, 1982 (Article 15). I am well into the Rehab program and my life is falling apart, it is all can do to maintain. My wife's mom is dying and she is in the states on emergency leave with our son who is 2 yrs. old. I am every lonely and messing up. I am not allowed to play with the band and only sitting answering the phone and have to stay there most nights doing CQ. Choate leaves Japan, Scott takes over, slaps his 'Acting Commander Arlin G. Scott' name plate on the outside of our very nice building (old club, huge). Scotty was on leave when I got the Art. 15. Choate, with Barbee present, suspended both punishments and leaves for another assignment in the states. Scott gets back and calls me into his office and says to sign for the punishment of the Article 15, "which, by the way," he says, "starts tonight." I said, "The old man suspended the punishment." He went ballistic. "Don't you think I know what he said," he screamed. I said, "Let me go get Barbee. Barbee said to let him talk to him and came out and shrugged his shoulders while I was on the phone to the AG (Adjutant General) trying to find out what to do next. So I had to appeal, see that appeal letter here. Scott, of course, wrote a rebuttal letter where he directly states he thought it wasn't harsh enough.

In this rebuttal he about admits to what is in my appeal letter, where I found out that (see my appeal letter at paragraph "3.", last sentence) the person who typed in the punishment said 1SG Scott told them what to type. So, this is where I left off in the previous paragraph, see where added to his counseling statement of 10 AUG 82, in the "Observable Results" section on 1 SEP 82 --he made this rather strong addition "Suspicion Confirmed!" To recap: 6 AUG 82 Choate gives me the Art. 15; 10 AUG Scott counsels me about I better start "caring about Rehab or I will get... "elimination action from service"; AUG 12 (see my appeal at "3.") Scott manipulates the punishment after Choate leaves; AUG 17, I appeal; AUG 24 he rebuts my appeal; finally and things were very, very tense during this time... everybody knew I had stood up to him... he was practically knocking me down when he walked by me; finally, AUG 26, the Adjutant, Major Wan calls Choate in Alabama (here is the resultant letter) and Choate backs me up --I was beginning to worry, even though I knew the truth. Believe me, that was the end. One last word about the Article 15, note that on the Article 15 itself it says, "I DIRECT THE DA FORM 2627 TO BE FILED LOCALLY ONLY." That means, this Article 15 was never going past this Unit, and like I said, you could one Article 15 expunged.

Before Scotty and the boys too far behind, there are some other documents that are interesting. Finally, on 5 OCT 82, we had the Termination Team meeting. Where they said due to my life-style, lack of work in the program, and values, I was not compatible with military life. I remind that less than 6 months prior, I was the most competent both individually and professionally (in my grade) in the entire Army according to none other than 1SG Scott, and recommended by him for the Enlisted Bandleader Course back at the School of Music. Instead of being put out it was time for my promotion to NCO, Staff SG (E6, noncom), and reenlistment again. I was a new breed and he was old school. He was finding that out and just didn't want me anymore if couldn't control me in his club. I digress.

After the Termination meeting, Scott demanded a letter that day so he start discharge proceedings, look back at the link for meeting at the note added at the bottom --they stayed up late that night. Now that addendum on that meeting paperwork is made by a civilian, Dr. Ishimaru, he's in charge, but there is a Captain over there named Hybridge. Captain is the Alcohol and Drug Control Officer. (He is not the head man, the head man is Colonel Yamaoka who is in charge of all Zama's medical. Col. Yamaoka is the one who refused (twice) to give me Antabuse --they blamed me for that in their final report.) So, Scott wants a letter from Hybridge, here it is: Hybridge letter. So, the Termination Team meeting takes place 5 OCT 82 and Capt. Hybridge gets his letter to 1SG (Acting Commander) Scott 6 OCT 82, the next day. Scott notifies me, required by law, of Discharge on the very same day, 6 OCT 82. Here is my notice, click here. I, of course submitted a rebuttal which I don't know if I'll put up, it's of little consequnce, there was no hearing, it was an administrative discharge, an illegal one at that --which you know, or should know, by now. But this next document, I just think is plain, what, "stupid?" "funny?" I don't know, this is "really bad"... it's what I call "Capt. Hybridge 2." Before I show it, let me remind you of this document containing a very important admonition, please read the highlighted paragraph over one more time or of you haven't yet, it's short. With that in mind, remember Capt. Hybridge's first letter? Click it again if you don't, pretty serious stuff: I shouldn't be in the military, I shouldn't drive for the safety of the community, reclassification, discipline(?), transfer, and/or hospitalization will not help, he says; goes along the lines of the highlighted paragraph you just read right, career, civil rights? Here then, comes Capt. Hybridge again, little more than 3 weeks later (1 NOV 82), apparently doesn't recognize my name, my SSN/Service Number, nor who is he is sending this it to, what Unit, that he has just helped kick me out of the service, signed my "death warrant" 3 weeks ago. Camp Zama is very small, very "close" post: here is his second letter. I'm sure he saw my picture up around the post, as it was in every major building during my SOQ award. I'm sure he saw me play, in approx.. 4 yrs.. service in the band. I will refrain from asking the obvious question.

I've thought about what I wrote about Capt. Hybridge. I'd like to waste some time and unpack Hybridge a little. Let's say he did know who I was, and he was simply writing a routine letter --he had to do it. Nevertheless, he might have attached his previous statement, where he had previously said: "1. The condition and the problem presented by this individual are not, in the opinion of the Clinical Director of the Community Assistance Center [they had changed their name from ADAP Center], Camp Zama, Japan, amenable to hospitalization, treatment, transfer, disciplinary action, training or reclassification to another type of duty within the military. It is unlikely that efforts to rehabilitate or develop this individual into a satisfactory member of the military will be successful. ... [skipping 2. and 3.] "4. Recommendation II. That, for the protection of the the military and civilian members of this community, the driving privileges of this individual be revoked and withheld for the remainder of time that this individual remains in this command." [re: Hybridge letter]

Analysis: here is the Initial Team Meeting document; and, here is the Termination Team meeting document. I don't see Capt. Hybridge present at either of those meetings. I never met with Capt. Hybridge, nor was I ever interviewed or counseled by him. He was nothing more than my [Scott's] executioner. I believe this, too: 1SG Scott was renowned for his brown-nosing and his letter writing abilities. I believe he wrote that and forwarded it over to Hybridge and Hybridge liked it; either that, or Hybridge is a very dark soul. How can write something like without even speaking with person? Then, 3 weeks later ask for him to have a medical examination? [re: Hybridge second letter] No, Hybridge knew I was out because the Termination Team meeting which he was advised of, that's why he had to type up "letter 1" pronto (see the Termination Team Meeting document again, if you like). In that meeting, on that report it states, "1SG stated that he intended to initiate paperwork for Chapter 9 discharge.... Letter delivered to Unit." And there's the additional noter added that night, "1stSGT Scott needed a letter from us immediately by CCB today. We wrote and signed. Hand carried to his office this PM." --If there's an excuse for Hybridge please email me your opinion... yes he probably did have to write that letter, but he could have referenced the first or something. Oh well, I said I was going to waste time, sorry I wasted yours. This is just another example of my own stress getting out of hand, I guess.

So, Scott got his letter delivered that night. You can see who has jumping, a GS-11 (a civilian Government employee, Ishimaru, and a Capt., Hybridge). The counselor I had was of lower rank than me; supervisors and superiors were civilian government workers, mostly Japanese-Americans and I really think that they just didn't bite the hand of the "military bosses" that fed them. As for the officers, they new better than to mess with the band, the band had powerful friends.

As a final plea, I took advantage of Col. Griggs' (Post Commander) "Open Door" policy, and requested to me with him. I simply asked him to allow me to finish my current term of service/enlistment and then let me go --which by then had only 3 months left --I had not only been due to reenlist, which was denied, but I also would have been promoted to E-6, Staff SGT, (Scott didn't want that, didn't want me, not anymore, in his NCO club). This guy looked up from his desk and said, "Can you do that?" End of conversation.

The counselor I had was lower rank than me. The supervisors and superiors were civilian government workers, mostly Japanese-Americans and I think they didn't bite the hands of the "military bosses."

The whole thing is, the told of the May 17 positive result, I told them there must be some mistake. So, they obviously put me in this Urine Surveillance Program (USP). I guess for almost over a month, closer to two months, since I wasn't put into ADAP until July 7. (1SG Scott's Referral letter.)

I heard later, that they had received this thing called an EMIT, a urine testing machine over at ADAPCP. I heard that 1SG, as part of his ongoing brown-nosing efforts had volunteered the band as guinea-pigs.

Camp Zama was an intelligence hub, a Command post. Looking down on the very tiny post from a Huey (UH-1N?) it was mostly a golf course. At the tallest hill there is a helo pad, for shopping trips and emergency medical evacs. There was single dormitory as well as married housing on Zama, but there was also a separate piece of land a few miles a way that just a housing area for married, Sagami-Hara. We lived there. There Commissary was there, though the PX and all the medical was on Zama.

On Zama, the band had their own barracks. Every other unit --there were only a few-- were doubled up. Right next door to the band's barracks were the MPs, doubled up with the medicals. There was reasonable excuse for this, the band worked odd hours. That also got the band out of all kinds of weird "post runs" and early morning gatherings. Although, when I was still single (for 4 months, when I first arrived) we used to climb the the telephone pole and cut the speaker wire to mute the taped reveille blast at 6 a.m. The MPs hated us and tried to make all the noise they could to wake us up. We had one man/woman to a room --refrigerators, great stereos. We had nice rooms. We always looked sharp, too. We had to. Wearing dress blues most of the time and almost never in fatigues. To top it off, and to make them dislike us even more, we almost always won the post softball trophy. Don't you know those MPs pulled us over every chance they got. That's how I got a DUI, fairly soon I arrived in Japan. I never had a DUI in my life, never have since.

I arrived in country in mid-March and this occurred in early June. In Japan, military members are allowed to bypass Japanese vehicle inspections, so we can but used vehicles really cheap. On Zama, unlike most military post, officers and enlisted share a club --a "Consolidated Club." The barracks was about a quarter mile up the street. My reactions to Japan, having never traveled so far way, was to be quite homesick, a bit scared. Mostly of the older guys were Vietnam Vets, married to Korean women. I remember, St. Clair and Medeiros taking me to the club (not on this occasion) and telling me not to be so hasty getting married, I was getting married in July of that year, '79. They said I should go to Korea first... I thought they were being weird. A lot of them, thougfh I liked them ok, including Scott, talked like womanizers, sexist, or talked like molesters half the time. I guess it was just macho talk that I just never got into.

Everyone went to the club. Going to Tokyo of outside on the "economy" cost plenty even then. So, everyone went to club almost all the time, there was simply not much else to do. At first I found myself going there, I was alone and that's where they all went. So, I had bit too much to drink. But what got me in trouble was the damn car, Toyota Crown. It had one headlight that sometimes went out. I was turning into the barracks and wouldn't you know it, there they we're out friends, waiting for the new guy.

You can believe they were waiting for me, the new guy. I think they told me so. They liked a good laugh at your expense now that they had you. they said, "Looks like your headlamp's out." I replied, "Here, watch this," and I got out --this is parked, in our parking lot, could just go inside and go to bed, but no-- I got out and gave swift kick and it lit up. "Have you been drinking?" they said. Scotty does what he does best and picks me up and that's that. The effect is that I have to go watch a movie at the ADAPCP. Years later, in "recommending" me for discharge (which really is the discharge, because everyone else will rubber stamp it), Scott will use the DUI in his case against me. Here is 1SG Scott's Recommendation for Discharge and my Reply to Recommendation for Discharge --my reply was written by a JAG officer, thanks JAG. (Read any of my "legal" writings and tell me I wrote that. Even now, in 2005, my stuff doesn't look that "good.") Here's what I really thank you for JAG: you suggest/advised me, when you wrote up this great letter to sign it --because I wasn't going to. It was great except for one stinking part and that part is obvious, that I swore not to use any more drugs. How ridiculous. But the ship was already sunk and I knew it. JAG was giving me absolutely zero indication of anything changing. They were indicating no more service than getting out that letter. That my best bet was to "break down" and "admit," like now I wanted rehab. I don't how the JAG officer might have tried to explain it, maybe some other way, but I remember feeling that this was wrong and just strange. The whole letter was messed up, that there were no positives since my admission --I didn't really know that (they didn't show me results and I already knew their tests were all messed up, so...), and I knew that one was wrong. That I, "no longer had an alcohol problem?" Give me a break. The whole thing was lost. I was giving to Scott's and their game. Saying I'd undergo further treatment, for what? I had to have a rebuttal I knew that, and this was all the legal help I had. I was on a golf course in the middle of Japan.

Yes, my attitude was down the drain, but it wasn't as bad as all these documents make it to be. I was still perfectly nice to people. They were not nice to me, I'll tell you that. Was I confused and hung out to dry, hell yes. All alone? Yep. No where to turn, sure thing. So, yes. I told Lamoreaux at the outset that I didn't him not to do drugs and I didn't AA or Antabuse not to drink alcohol, but I went and I took the pills. Finally, I told Lamoreaux I thought I had been in the program long enough. I been tested from 17 May through early October. That's somewhere around 5 months worth of weekly Urine Surveillance and about 90 days of program (7 JUL - 5 OCT). When I told Lamoreaux wasn't it time to end, he said he'd recommend failure and called the Termination Team meeting, and of course if was I who wanted it, and I had had really it. He had dragged my wife in there and put her through the 3rd degree. He was a joker. He notes indicate that my having "sunglasses clipped to shirt" (civies) was inappropriate attire.

You see, when I started the program, I resented it. That's why, in Lamoreoux and Scott's almost daily, I'm sure, communiques, they built up this huge "bad attitude propaganda. When you look at the so-called "Discharge Proceeding," coming up, you'll see an accusation about me not getting antabuse --I already mentioned this, but let me now explain.

Of course, since I wouldn't be doing drugs, I'd resort to "drinking." So, at the Intial Team Meeting I had to promise to attend AA meetings over at Atsugi NAS, and take Antabuse, a powerful drug that makes you vomit if you drink alcohol.

When I went to my counseling session Lamoreoux had setup with an appointment at the medical clinic, a few blocks away. The medical clinic's Commanded was Colonel Yamaoka. He, as Commander of the Medical Clinic which is also over the ADAPCP, though out its day-to-day affairs. I went to my appointment with Col. Yamaoka. I thought it was simply to be prescribed Antabuse and to return with it to ADAP and Lamoreaux. Instead, Yamaoka starts asking me all sorts of questions. He asked, "Do you have drinking problem?" "No, sir," I replied. "Why do you want Antabuse?" he responded. I said, "I'm in the program and I thought..." He jumped in,"Antabuse is a strong medication and I'm not going to give to you if you don't have a drinking problem."

I went back and Lamoreoux about busted a gasket. Blamed me totally, as you saw gets carried over to everything afterwards (everything just keeps building, nothing every stops, nothing is every corrected, even today the injustice is not fully corrected). Lamoreoux sets up another appointment with Col. Yamaoka. I am not setting up HE IS! Col. Yamaoka refuses to give to me again! Eventually, from what I heard from somebody, probably Yamaoka, the got some doctor from the Naval Hospital in Yokosuka to call him and explain the so-called "theory." Then he prescribed it.

Let me get this straight: SP5 Rogers, client in drug Rehab, tells Colonel Yamaoka what to do as far as his treatment goes? Right. WRONG. Wow, I'm a powerful manipulator. I completely resent that 1SG Scott calls me "pathological." he also refers to "mental" report in the "Discharge Proceeding", which I will put up. He really uses it the way he wants, when ultimately the doctor says that there is no medical reason for separation (discharge). The whole thing is a scam and denial of Due Process. I never got to any of that so-called "Discharge Proceeding" or the later urinalysis or challenging any of this garbage, because in court my case ends at the first urinalysis, 17 May --that makes all these documents null and void. My whole point here in doing all this, in talking about them, is not to retry this case, to convince anyone of anything or debate it, it is to show the damage they have done and continue to do to my life and all around it.

All the things Scott has in the "Discharge Proceedings," and in that last EER (Enlisted Evaluation Report), he doesn't need any of that. All he needs is program failure, and he has that. This, tearing me down, destroying me, trying to make me out to have suddenly changed over the last 6-8 months is something he's attempting to fabricate with these records, counseling statements that he can write whenever he wants, and letters he can manipulate people to write, like Ishimaru and Hybridge, "Scott needs," they deliver, even at night.

I haven't talked about the so-called "Discharge Proceedings". There was no hearing, no "proceedings." In fact, the CWO who signed it just arrived at the Unit. 1SG Scott wrote it, like he wrote everything else, and Prudom signed it. And like everyone else, Prudom didn't bother to interview me. Note, that Scott also added more ammo to this "trial," than was in what I rebutted, and I have no further rebuttals. Where's JAG? Why aren't they seeing anything through?

3.14.05 - 3.16.05
Pamela Maier: Maier vs. Orr
I have had these cases in my possession for some time, but have never really grasped them, it's difficult to explain. Maybe "grasped" is not the word --they are plain english. Maybe totally stressed out and fed up and unable to continue is more like it! These cases, in my research... using someone else's student Lexis access, limited time, other worries, stress, and so on... then some life event... then perhaps the dreaded missing page... then a lull, a period of distress --there, I see I mentioned the "stress factor!", enough.

Anyway, there is this one case, not two, not three or four but only one, Pamela Maier, an Air Force enlisted woman. She was suing, and using their Correction Board... over and over, remanded by the Federal Ct., etc., etc., if you've seen my documents, you have some idea of the drill. There is a phrase issued by the AFBCMR that read (and I have all of this, see the links) something like, "there would be a probable injustice...." The court asked the AFBCMR what they were referring to and they answered that, "it would be an injustice to bar her from reenlistment." The key here is that Maier had been out for years beyond her *then current term of enlistment* --no one has the right to enlist or reenlist (except by statute, and there is no statute here, covering her). The AFBCMR allowed Maier to reenlist at her former grade.

I look at Maier's case, which is, "in a sense," less legitimate than mine --I mean, the ABCMR never stepped up and said that to me-- ok, I'll get to it.... She was medically discharged ('77) with severance pay --they have never/yet offered me a severance-- because she could not medically tolerate a smallpox vaccination; but after she was discharged, three years after ('80), she was able to tolerate a small dose and wanted back in and sued to have her discharge overturned. So, they let Maier back in, via reenlistment (not overturning the Discharge), but not me, not yet.

I, on the other hand, was completely illegally discharged and I was a model, award winning, soldier. The best individually and professionally in my MOS (job), at my rank, in the Army. And here I sit, while Maier serves or is retired (or whatever she did thereafter). Her case documents ends with: "she serves to this day, 1993."

Now, if you would like to have quick read of the two relevant court pages outlining what happened to her, here they are: Maier's case. These pages are preface to the (last) case she filed after she was reenlisted, seeking back-pay and time for while she was out --I could have told her she had no grounds for any of that (who told her to file that suit?), of course she was denied. My interest in Maier is in what the Air Force Correction Board said and did about a "probable injustice," read it, please. Then my final comment on Maier is this: I was illegally discharged (she wasn't, not to belittle her cause) and here I sit.

Attorneys and Congresspersons never helped me. Here is a final letter to me from Florida Congressman Allan Boyd, attached to it is the letter he received from his contact with "Army Human Resources," that's the extend of his reach? They acknowledge that the Sec. of the Army can intervene... that's what I want someone like a Congress person to do! I told him my entire story, all about the several courts and the several applications to the ABCMR; here he is accepting and passing along to me another application to the ABCMR and saying, "sorry."

Many years earlier, in the mid-80s, I almost chained myself to Va. Congressman's Owen Pickett's door once, maybe I should have.

I visited many lawyers, no one would take this case off my hands, my back, my stressed mind. I even found myself one day in the office, in Va. Beach, VA., no less, I believe his name is Halloran, who said to me, "See that picture?" as he pointed to some artist's pastel rendering of a courtroom drama, he continued, "That was the test case." The "test case," he spoke of, was the test case for the ABCMR put together to first deal with the thousands of false positive urinalysis tests. He wouldn't help me. Even though anybody could see my case was open and shut. Here is the cover of that report, click here and here are two pages with highlighted paragraphs I think are important: Paragraph 1 and, Paragraph 2.

Here, besides my knowing it was all wrong and searching for a way to proceed, is a Washington Post article my Dad read one day and set me off in the right direction.

That article was actually part of series (I must have called the Wash. Post),anyway, I was lead to Attorney Mark Wapple's Military Legal Clinic, in Wilmington, N.C., so I went down there. They were taking cases in this and wanted only $500. and $50. a month upkeep. So, I met with them and it sounded promising. But what happened was that that Blue Panel got appointed and out the brakes on every legal action. And Wapple turned his stuff into a Class Action. He went to court and the military showed up with a dozen lawyers and said about this new panel and so he couldn't do anything, yet. As I mentioned earlier, when I said lawyers didn't/wouldn't ever take my case ("drugs" and the fact I wasn't rich was the turn off, I'm sure), there was one lawyers I was in in Va. Beach, VA., who'd case was the ABCMR's test case for how they were going to handle all these thousands of false positives.

I kept in contact, of course, with Wapple --don't you know those of us who wre put out first were reviewed last-- and his office was always very positive about an win coming soon and reinstatement to active duty. They were reporting to me about other guys, a very high percentage being put back in. Finally, I got this letter with the ABCMR decision attached. It is my opinion, that anyone can read that decision and understand that if the urinalysis that put me in the program is not, cannot, to be used then the discharge based on failure of the program must be overturned because I could not have legally been in the program, and that is what the judge, in Dec. 1991, decided. At that time in the military, before they had very good testing everywhere, they had to put in the program and you had to fail it to be "considered" for discharge. I was given many more than the number of urinalysis listed by the ABCMR, perhaps 16 in all. I would like to know where all the negative reports are scattered in between, but, obviously none are worthy. In addition, since the first is ruled invalid, I was never able to challenge the so-called "valid" one the ABCMR says there was --this is the one mentioned in the second Capt. Hybridge letter, results received Oct. 27, three weeks after I was notified of discharge. But again, they only ever talk about their so-called "positive" results, I wish I had a list of all the weeks (each and every week of the program) I was tested and the results so we could see the: +(unit sweep) - - - + - - - - + - - - + (something like that, I guess)... doesn't it take longer than one week to get out of one's system? The truth is, the ADAP Center had just acquired what's called an EMIT machine --apparently a low rent drug testing urinalysis machine. I'm sure they were unqualified, had no proper chains out custody for samples or storage, nor knew how to use properly. The Blue Ribbon Report of Army/Air Force Drug Testing Labs, while it doesn't mention little Camp Zama, is fairly scathing on the rest of them.

3.27.05
Happy Easter!
It was actually today that I finished editing my EEOC document. It was today I added, above, that I doubted that I would put all 40 some letters and replies... though I should it's quite interesting. You can see how these people act.

I found some old documents today that I had completely forgotten about. When you get out of the military, if you have an Honorable Discharge you can collect unemployment benefits at your state's unemployment office. This is a given. It is to help you readjust. I guess they tell you this when you get out, but I had forgotten. I sure could have used. We had used JAG in Japan before my discharge to get legally separated and we went to the Red Cross office to borrow some money. I used all we had to pay off Exchange credit since my discharge was somewhat sudden. They gave us $75.

I was in a band after I got out with another guy who just out and he had bought a synthesizer with his unemployment check --that's how I found out about it. So I went down to get mine. They denied me because they said I was "released for cause." So I went to State legislator Glen Croshaw. These are the documents I found today. Maybe I should go down, with my new, clean, Jan. 2005 discharge and apply now.

4.10.05
Ok, I tried the unemployment call. Had to do it. What a mistake. It's all by telephone now, there's no office. I need an office, in a case like mine. All I wanted was letter saying I couldn't get it based on my newly received discharge. All the wanted to take info on was my FSU job and to get through to a live person I had to give some of that through automation. In the end, they had automagically intiated a letter to FSU! AHHHHHHH! I was cut off. I had to call back through the system, get a supervisor and plead with her to STOP the letter to FSU --people who had been nicer to me than anybody in my entire work life! She was very helpful, she said they probably could not stop it but she'd try. She called me back later that day and said she had stopped it. I sure hope so.

Gee, I'll never get to fill in much of my past history because new stuff keeps happening! Strap on in! Next paragraph...

Oh boy, no better time to ask how I mentally survived the summer of 1982. I mean, Cindy had gone "home" with Bobby to the states. So, what did I do? Well, nothing. I didn't plan it. My best friend Hideo knew a Japanese girl who I guess he said saw me or something... maybe Hideo thought... well I don't know, he didn't say. But in Japan, it's not uncommon for Japanese men to have girlfriends so he must of thought nothing, or not much, of it. It's not "right," the wives don't agree to it, it's unsaid I guess. I didn't want that for me, it just happened. My Japanese friends, Japanese men, didn't talk about it, though I saw some girls with them a few times. Anyway, I was somehow setup to met a girl named Osumi, Yumi. I really hardly remember that I was asked at all. I think I was sort of surprised in a very subtle way. She showed up somewhere where there was only me, actually on the post, it was a quiet meeting, no one around. She was almost solemn, waiting for me alone, looking down while sitting at a table of a partially closed post restaurant or whatever it was. I think I was setting up for gig later or taking down from one, by myself.

Yumi was a Japanese model. You'd never know she was model, seeing her with her big glasses... I'll put up a picture of her, without the glasses. Ok, here's a picture of Yumi. I received lots of pictures and letters when we tried to get it together I was not allowed to discharge in country, and had to leave very suddenly. I hadn't been seeing much of her then, it all was very sad for everybody at that time. I had moved into the barracks and Cindy came over one day and I woouldn't let her in because Yumi was there. She pushed on the door and everything. I was living in a box filed room, it was awful. I guess Cindy figured out the car with the local plates was her's and she kicked thes szhit out it all over. Yes, I fell in love with her. This was also part of my confusion when called Cindy one night, knowing I was headed out of the service, was only a musician.... and told Cindy she just go ahead stay in the states. I told Cindy immediately when I mpicked up[ from the airport that we should get a separation, because if I had done this then, I didn't think I should be married. I loved my son. Later, I asked someone if I should have stayed married for my son's sake, they said no. I wish they would have said yes --it was someone close to me.

Yumi was, I admit, a wonderful distraction from everything that was happening to me. Intelligent, beautiful, fun. When Cindy got back it was too late. I wanted to stay in Japan. More about her later. When started to write this, how I survived the summer of '82, my intention was only to say "here" and stick up this picture. I managed to get away for a 3 day weekend on Nijima Island all by myself, and on the last day there was contest and all the nice people I met said, hey go enter the contest! In all my surfing days, I was always a purist and never entered a single contest. The surf was great. My heat was called, my new friends were cheering for me. I did pretty well, I knew as my 15 minute heat ended and we were signaled in. They ckalked up the scores but I couldn't read the Kanji, not even my own name, which are those Kanji characters across the bottom of the plaque. They start the names from last to first, I WON my heat! I moved into the next heat, later that day. Good, cause the surf got beter and better. Next, again, I WON! WOW, this is getting good! My friends are freaking out, ONE MORE! ONE MORE HEAT! they're telling me and I win it all! Last heat of the day. Well, I came in fourth. Damn. Still, it was cool to win something on my last day. That night, before I left around the town I was star. I was the only gigene (foreigner) there, so that helped a lot. My friends back home were very pleased, too. All my friends were Japanese surfers. I had few band mates, not many. Most of my personal time was spent with my Japanese friends.

I'll sneak some more pictures here, until I tighten up on my autobio stuff: here's me and cut-off view of Cindy, after I got out, maybe 6 months after. That's Cindy to the right --I don't know who took the shot or why it's messed up. Here's one of Cindy and Bobby in about '84 or '85 back in the states. And, here are some pics of Bobby as an infant in Japan.

Here's Chris, my second wife. She's so proud there because she tamed Orange (Orangie), a feral she rescued after he kept getting beat up. He was biggest but he wouldn't fight back. One day, it was bad and we had to take him to the to hospital and then bring him in. Bijou, our already cat, allowed it and loved him too. We married secretly at the Justice of the Peace in 1986, check her out<> (oops! can't find it yet, next paragraph for hold over shots), now you know what we like, wild baby! ;) No, we were perfectly normal FUN folks, here's me when we were dating in what was known as the "hall of hell" --because my roommate was in punk band called Elvis from Hell --they were a riot, not what you might think. Oh, you're wondering is this a bar or something? No, I'm exiting my bedroom. My roommates was Ted, too... stereo Teds. I was soon to move outn and leave to he and Tracy, a girl who was living us --a one bedroom place. Ted 2 lived in the living room, Tracy in the 5x5 dining room. The place was tiny. The electric meter was broken so we didn't pay but the minimum $8.00 electric fee every month! Actually, this was just before I met Chris. Ok, here's a slightly nicer one, uh-oh, better change my shirt! Hey, that's an Army issue tee-shirt. Now, I was married to Chris. I worked as the sound man for Waxing Poetics, we did 3 records and they were extremely popular. Chris' Dad, retired Coast Guard officer, had a recording studio in their house, that's, how I met her. wee did some demo work there and sold him our PA when we got "big." Actually, she had a slightly older sister that I was going to ask for date. I got the names mixed up! Boy, was I glad, too! I ws getting ready top go to MI (Musicians Institute), in LA, but after meeting Chris, I stayed. I was living in a motel, thanks to my brother John, when I started dating Chris. After that, he was "giving me" a 2 bedroom condo and we lived there, until he hit some real bad finacial times. We moved into an apartment where we stayed until it ended. This was all in the Va. Beach, VA., area, known better as Hampton Roads, VA. Chris liked Norfolk better, and I should have done better by her. She wanteds to live in Ghent, we should have lived in Ghent. But there were reasons for that I haven't gone into yet.

I asked her parents for permission, but they said no. We got along great, two real radicals! We did some political stuff together that I'm proud of to this day, I'm proud of her. She transcribed tons of my scribble for this Discharge case --I still have the notebooks. She is almost half my age. I have lots of great pics of her. I'll put more of her as that story gets told. It was my fault I lost her. I loved her and she loved me --there was no infidelity this time, but I still, via my BP and the stress of this case --though we didn't realize those things then-- threw it all away, again, and in about the same amount time. Each marriage lasted just shy of 5 years. I was under a lot of stress then, but really loved Chrissy and began to think I didn't deserve her, was losing respect for myself, and lost all means of communication during our last year. Then, I told her to leave. How sad. She was such a shinning light, now that I look back on her. Everyone was envious. I was seaching for her wedding picture, in her polka-dotted and written-on, long blue-jean shorts --with her frizzed-out hair. She was so cool. Here's a couple pics to hold you over until I find it.

In the photos, as you can see, they are all very pretty, everybody says so. Chris looks my Mom when she was that age, at least one pic of my Mom that I have, I'll put it up later. I have been very fortunate when it comes to mates --that sounds so awful, and to women in general, nevertheless all very, very, pretty.

Here's me, taken my dear friend Anne-Marie, another fantastic friendship in blew out of the water --do I really need to explain how and why it happened? Well yes, of course I do, all you really have is my core, left untreated, with no coping mechanisms... yes, you'd need to know any new stresses. This one was HUGE. My cases were all very stagnant. At this point I'm pretty well covered by one word STRESS, inability to cope with STRESS as it competes or feeds BP. In the end, if it's bad enough, I resort to drugs. (I lost eight years clean time.) I'll resort to drugs to stop from haunting and overly including someone else, trying escape through someone else, as I did with Anne-Marie. It's very complicated. It's not that I didn't love Anne-Marie, as I told her I did and was rejected and that created further stress I wasn't ready for, really bad timing for that pronouncement, then other really REALLY badly timed factors feed that story even further. And YES, burning myself out totally on drugs DOES work, but it IS NOT THE RIGHT WAY, consequences are severe. Because, I'll leave the person alone. Then when I want to stop using --it's just one big OVER. However, I had "moved out" of my own apartment, still paying though, and Anne-Marie wouldn't let me come back to clean up and that led to continued use and continued spiraling out-of-control. I'm not blaming her, but I was ready, I was done and she said no. Oh well.

Anne-Marie was the first platonic relationship I ever had, intentionally so. It should have stayed that way, because it's good to have friends you can count on BIG TIME in BIG WAYS and I had her for years. I have no one now. I'm thinking of sending her this url eventually, I don't why, she owes me nothing. I tried, maybe about my 5th suicide after Anne-Marie, I lost count... but almost got it that time, I think. Here's a picture of me she took in 2001. And here's the strawberry destroyer. Not the best pic to put up, I'll change it later, because this taken right at the end, during the nightmare. I caused her have panic attacks and all kinds of stress, terrible, just terrible verbal abuse --like a Jekyll and Hyde. Stuff like, don't you know you'll never see me again? Don't you know you have to get out of here, that you're talking to the devil? I'd never touch her or go in her room or anything like that. I'd just go nuts, manic as hell, and needing attention. I put myself in the mental ward twice. The first time I got the OK one, the second time I went to "you didn't pay one," but I had NO IDEA --of all the mental wards I've been on before, what a hell-hole this place was! Anyway, she should have just left.

I have got to get it together soon. My brothers are willing to help. John says that I have maybe enjoyed about 20% of my life... well, more than that! But, I'll be 51 May 10. I want to get this stuff settled. Then I'll see about riding off into the sunset somewhere happy. Maybe I oughta start looking forward to it. I want to make a movie or a book out this story, I want to "shop it around" out west. I ain't got nothing to lose. I know darn well I can at least get on some damn Opra, but I don't really want that --hmm, maybe not. Anyway, it would be fun, and something to be busy. Maybe there's nothing special about this story anyway.

By the way, in the Naples paper, there was story about one of the County Commissioners suing the Army for haunting him with something he did when in the service. Some ex-commissioner is saying he can't be trusted, doesn't that take the cake. He's a County Commissioner, he already has the job. All I want to be a substitute. This guy just filed his law suit, maybe he'll even lose! You can believe I'll be calling him tomorrow. I'll be following his case carefully, especially if thinks he's going to get damages --I gotta see this! I hope he does, that means... I DO! Maybe I should ask if he has a legal fund that takes contributions and send him a token $5.00. I also ought to ask him if he happens to know anybody over at the County Schools --just for kicks, not to get him involved. It was on the front page, so Mrs. Jane Knoble-Manalich must have seen it. What must this woman be thinking? She's thinking she's not responsible, that's what.

One more thing tonight, I'm sending the same stuff I sent to the EEOC to the U.S. Dept. of Labor, as soon as possible.

Oh, remember I told you strap on in, next paragraph... about 12 paragraphs ago?... this is it! Can you believe it. Man, this one paragraph was all I was going to do tonight, well get ready! The premise: I can't get to any of my previous history, which I proceeded to do for the last 6 hours or more, because new stuff keeps happening... here we go: Remember when I got a new DD214 (Discharge Certificate) last Jan. 2005, right? But, I needed some copies with some seals on them, for official puposes, the recruiter, employment, etc. So, I sent off to the NPRC (National Personnel Records Center) in St. Louis, MO., requesting those, no problem, right? Thursday, April 8, 2005, I received this response. Gee, thanks U.S. Government. No, it's my pleasure to serve you.

Here's what I'm going to do. I'm going to make an appointment at the NPRC with its Director. I'm going to fly up there with what's called my "member copy" of the new one --unless of course it's completely bogus (it's not). I'm going to say, here ya go, certify it, copy it, put it on file. Now, give me a few raised seal copies. Then to test them, I'm going to come home and order some copies. Pretty soon (maybe now?), I'm going to start suing them, surely they have duty here.

4.30.05
I mailed off the same complaint papers that I sent to EEOC to the U.S. Dept. of Labor, they received it today. On their form they had check boxes for the Rehab. Act (ADA) right there --something Delia (EEOC contact) says she has to look up. That concerns me, that she has to look it up. I have googled it and printed it out and it's clear that it's covered. Delia has also commented that some Administrative Judge or ex-judge commented that my charge has no merit, what BS, as I said, it's clearly covered by the Rehab. Act as part of the ADA (American's with Disabilities Act). This covers "perceived" disabilities, too.

I have an appointment with the Collier County Veterans office next week to see what they think or if they have any advice on my packet that I'm about to send to the V.A. on dropping my appeal. On the phone they also mentioned contacting V.A. in Tallahassee about any 'Veterans Preference' job discrimination problem. I'll look into that since that's the box I checked (knowingly) to get me where I am with CCPS.

The V.A. appeal documents are all ready to go. I've taken the final draft to Dr. Marcus in hope that she will contribute a letter of support similar to Dr. Karwatowicz's. I hope to get this packet sent out very soon.

I have sent a request to CCPS to forward my case (Denial of Application for Employment) to the Division of Administrative Hearings, in Tallahassee, FL. This is called a Chapter 150 hearing. It is not mandatory to do before suing them, but it is best in my view. This is the aspect of the case that challenges anything they did that did not follow their published policy of background screening of criminal history. Here are the CCPS files and records, but before these I have prepared a list/record, take a look at this list of letters by date with descriptions: my CCPS application(s); CCPS criminal background check policy (cbc); and, here are all the letters we had back and forth, combined into one pdf. (CCPS directory.)

10.21.06
NOTE: Due to current litigation with CCPS I will not post any of those specific docs other than what is already here, e.g., their policies, all the back and forth letters, the newer and complete EEOC file and findings, the depositions --all of which I already have ready to go here. I will wait until the case is done. Right now we are finishing depositions this coming week and possibly mediation soon after. Trial could happen in February, '07. Some items are here now. All items are not here. Also, see other entries in this page concerning this CCPS issue, e.g.,entry on, but not limited to, 3.27.08 has specific sworn testimony and comments.

Those letters are also what I sent the EEOC and the Dept. of Labor. Not that the letters are exclusive to criminal history, they are not. In fact, they have little in them at all except one which gives their reason, which states criminal background check and DD215, DD215. Then we had a hearing --after I went and personally explained how to operate the DD215/215-- where came down to sending them court documents showing where I was reinstated! Bottom line is that it's only the discharge that prejudiced them against me. This was all in the late summer and Fall of 2004. Later, when I got a brand new DD214 and sent it to them... they didn't care, no resopnse. Anyway, the balls are all starting to roll... and soon all packets, all letters will be out of MY ROOM!

5.18.05
Bad news on the EEOC front, they are most likely going to find "no cause in my claim. It's extremely weird. I'll explain in detail later. I spoke with a lawyer and I am delivering her my materials tomorrow. She is alos emailing an EEOC claim file just to be sure I am fully, officially, covered.

I have written to Mr. Legutko at Leon County and asked him to continue my application or if I should schedule with the Board. I haven't mailed that yet, but it's time.

6.7.05
I now have my most of my original case work online, and that which flowed from it, but not all. This section is redundant to some of what you've read before, but now you get to see it come together a bit more and at last read the original case documentation including the first handwritten complaint filed in Norfolk, VA.

I will also describe here how my case was botched. I just confirmed/discovered it this month, although for a long time I suspected certain things --only suspected. Even then I wasn't really on the complete right track until I actually reread it. I just never got around to going into it to be certain until the CCPS problem came along. I was fighting too many other small battles and it didn't seem important --IT'S IMPORTANT! I'm calling it the "October Mistake."

Too bad I didn't catch this in my Appeal. Who knows?

There is really just one part of the case that I specifically confirmed this month, that being regarding what the judge wrote concerning who took what tests (UAs). It started out as two items that I had wanted to check over for errors for many years, but ended as only a single item being the clencher.

The main thing for me, although I prevailed in the Claims Ct. case in '91, I never got the opportunity, and it was kind of my fault, to challenge the October UA (urinalysis). That's the one UA they say is "supportable." You should understand that the Blue Ribbon Panel in 1986 did not reexamine any urine specimens, they simply examined the condition of the Army/Air Force testing labs. Even that was in retrospect to some degree, i.e., they were examining them then, not years prior when the thousands of false positives had been reported! On what basis my October test was found to "supportable" was never identified, it was simply declared. It was most likely simply a chosen time range for the Tripler, Hawaii lab. However, I would have liked to challenge the change of custody and everythig else regarding that test from Camp Zama, Japan to Hawaii; even the date of the test itself is specifically unkown, either late Sept. or early Oct., and the results took almost a month. But alas, I have my challenge, the October mistake. (It's in the record of the 1991 Claims Court case.)

First the case documents links: Rogers v. U.S., Cl. Ct. 326-89c, 1991, online as pdfs. There 8 files including my original complaint filed in Federal District Ct. in Norfolk, VA. These files include: the defendant's reply to call;  my reply the defendant's reply to call;  my motion for clarification;  backpay correction;  copy of backpay judgement;  my motion for new trial or transfer;  and, the new trial/transfer denial order. The copy of my motion for tranfer or new trial is a draft copy. I do not know what happened or what answer I got to my motion for clarification, I think none. I shall call and see if I can find out. Please read the few next paragraphs, until the next dateline. (This is the case preceding the California [LA Fed. District Ct.] filing in 1996 that won the DD215.)

Though these documents should rightly be up here, what got me motivated lately to do it was that I always had known that I had never been able to attack the October "supportable" UA (urinalysis test). Now, with the CCPS (Collier County Public Schools) having asked to look court documents before approving my employment application, I decided reread the case for this to look for this: I wanted to see if a the blunder I thought I made was, in fact, so. That I had let slip through an item of fact that allowed the judge to believe that the UAs of not only the first one, 17 May 82, but also June 8, 14 and Oct. 1, were all Unit sweeps, that is, that all 4 alleged positive tests specimens were where all Unit members particpated and randomly and anonymously picked to test thereafter for testing, in other words: everyone pee's, a few, a percentage, are anonymously selected for testing (see: US Constitution at Civil Rights). That would mean that it was legal for me to have participated in those tests, see pages 4 and 5 (Rogers v. U.S., Cl. Ct., 1991). So, sure enough that is exactly what the judge believed, he wrote it on pages 4 and 5; that belief is completely false. The only Unit sweep UA (Urinalysis test) was on May 17, 1982. This information, that the entire Unit took any other UA is never corroborated in documentation and I have it ALL; it was never discussed in the years of motions leading up to the decision, it was not stipulated to. The judge pulled this out of thin air apparently, and in fact, contrary to the record of evidence he did have. I have read over every document and it's not there in any government document or otherwise that the June tests were Unit sweeps (because they were not, only May 15 was), but frankly, the June tests are moot, they have been found unsupportable and deleted (and, so too has the initial May 17 test).

Now, regarding the October test or was it given in late September? No one seems to know the date it was given, only the date they received the result fromn Tripler, Hawaii almost a month later. The "October mistake," or "the Last test standing." I simply missed this at the time, not realizing everything that would later flow, now. Like not going back in --I believed I would, not even getting a new DD214, etc., etc. I had no idea to look for anything like this then, had I, I would have seen it instantly. These things and dates would have been so stipulated. Or, had I caught it back then, I would have appealed on these grounds.

I did make an appeal but for other reasons, about enlisted backpay issues (and probably the kitchen sink) --a losing cause. I appealed to the SC but was denied certiorari.

So, why is this important? It's a fundamental flaw in the judge's opinion. The judge goes on at length about basic concepts of fairness, let me say upfront --I like that. He goes on at quite some length about how, perhaps, the ABCMR should have reinstated me with a recommendation of putting me in the ADAPCP program based on the October "supportable" UA, although he doubts the Army would have done so on the basis of only one test, there were 3 before they enrolled me on July 7; so that's his second problem.

Here's his major problem, the judge misses a rudiment of law(?) and elemental fairness(?), the "fruit of the poison tree" theory, though I suppose that he didn't know it --WRONG, he missed it-- which in turn has to be my fault. He does virtually the same thing ("poison tree") the ABCMR originally did (see pages 7-8 for ABCMR reference). He goes on for pages building his opinion around the "supportable" October UA. He botched it. See page 20, footnote 20, para 2: "It is as if these events never occurred." Read that entire footnote. Everything that happened after the unsupportable May 17, 1982 test must be deemed to never have occurred. Had he known that the June 8 and 14 test were only given to me his wording would have read that way --indicating everything that happened after May 17, I believe. To understand it more perfectly: everything that happened after they [erroneously] enrolled in the program did not occurr; but no, nothing after May 17 ever should have occurred. At the very least, even if no one ever believes that all those UAs were not given only to me, one must believe, I think is reasonable, based on this document, that the October was only given to me as a result of being in the program and therefore THAT test is fruit of the poison tree; tha document was part of the evidence --that's how we know when I was enrolled. Here, however, is the PROOF of the October mistake: the result report, where it states clearly, "2. A routine urine specimen was received during Sep 82 from subject individual as a result of his enrollment in the ADAPCP program for prior drug abuse (marijuana)." You can see the evidence Exhibit markings on the bottom; I've got redundantly in copy after copy of defendant briefs; It was included in 1SG Scott's Discharge Proceedings package. In this package, at section 4. "b" it states that "on or about" May 17, 1982 a 100% Unit sweep was conduted; at "c" it states "...as recurring requirement his [my, SP5 Rogers] enrollment in the ADAPCP program, and prior to his release from that program, a routine urine specimen was taken . . . . Results received . . . October 27..." (again shown here), etc. Contrast that with what Judge Gibson wrote on page 5 (see 4-5 for full context), para 2: "In late September or early October (i.e. on or about October 1, 1982), the fourth unannounced urinalysis tests were conducted in plaintiff's unit." "In" means nothing but "on," as he meant it previously. And never was any specimen taken "at" the Unit men's room except for the May 17 samples. The "surprise" surveillance before I enrolled I was told to report ADAPCP. Once enrolled, note what the that document says, "routine urine specimen." Like I stated, once enrolled it was every week unless something forbade it.

The facts are these: I alone was being given "surprise" UAs after 17 May (June 8, 14 and probably even some other dates that had with negative UA results). (Once in the ADAPCP program, July 7, I was tested every week.) So, all UAs after 17 May were only given to me. Here is another supportive document: this one is the July referral to the ADAPCP program, note the "USP" (Urine Surveillance) connotation. I was already being "Urine Surveilled," as I said. Again, no Unit sweeps occurred beyond May 17 --that was the first UA most of us had ever taken in our military lives, probably the first for any of us. I did not have a UA going in, or at Basic, or at the School of Music (AIT), never.

The ADAPCP, it turns out, had received an EMIT machine to test with (Ibuprofen and poppy seeds would test positive for THC on one of those, from what I understand [google 'EMIT false positives' and look for Ibuprofen and poppy seeds]; and these guys weren't trained at all [Washington Post on real labs]). (Here is some sage advice.) 1SG Scott volunteered the band as guinea pigs. The 296th, an elite Unit who ruled little Camp Zama (really), sure as hell wasn't tested again on June 8 and again on the 14th or in October or even that year or the next with that Blue Ribbon panel reviewing labs by summer of '83. Our ADAPCP changed its name while I was in it to the Community Assistance Center (CAC) [note "CAC" it in the upcoming Termination Team meeting document]. It was always under the auspices of the Medical Clinic, but it certainly was in no way a lab --that's why they sent my October (or was Sept., no one knows) specimen off to Tripler, Hawaii. This document is the Termination Team meeting, this date is shortly after the "October 1" date of the last UA, which by the way the judge notes the date as "sketchy" on when it was taken, it may have been late Sept., but the result was received Oct. 27 (after ADAPCP program failure and Notification of Discharge).

So, why didn't 1SG Scott EVER mention the two June positives in his Discharge Proceedings! Look at his package, he has the entire kitchen, not just the sink in there! He has completely irrelevant material in there and he doesn't include those? I'll tell you why, because they were fooling around and he knew it. They were playing with me for various reasons (I'll get to those eventually) and playing with their new little EMIT machine in an unofficial "non-lab." Remember, they never report all their negatives either! It's still very odd to me that he did not include those, because even the Tripler result came screaming as his big AHA! His Notification of Discharge had already been given and my only rebuttal to all of this (written by a JAG officer) had already been made; 1SG Scott's Discharge Proceedings were just a rewrite with more of his support material and no rebuttal from me (a total denial of Due Process, but you can't count on JAG for that at that point).

So, I did blunder and I missed catching the judge, but he missed the evidence. As I look back now I cannot believe this. I had too much to be concerned with. The V.A. had removed my benefits at the time I was trying to juggle my life. I was in years of hearings and waiting with them (V.A.) at the time. Nevertheless, due to recent circumstances, new filings with and recent actions and further corrections in late 2004 by the ABCMR, I am adding to my claim now under review with the ABCMR or making a new one --I wrote it today-- to have removed from my records this so-called supportable October test that all this terrible nonsense amy continue to rely on or people could read and rely on. It should prevail on its own merit, but I'll support it with the facts that people like CCPS wanted and did see, the Claims Court's judgement. It looks like I'm some guy who got away on a technicality; someone who does have a supportable positive UA and is, in fact, a not necessarily DRUG ABUSE-REHABILITATION FAILURE, that would be wrong, for my enrollment "does not exist." However, they could believe that I have an outstanding, supportable, positive UA to which there is no disposition! When you have a background check done you must provide the dispositions of all arrests, whether convictions or dismissals; this is not an arrest, nor does it show up on a criminal background check, nor is likely that anyone will use my [original] case to check me out, but CCPS asked for it and I have nothing I can answer to this so-called positive UA. Others will read it. So, where the judge wrote that perhaps I should have been reinstated back into a "program." NOT SO. That October test DOES NOT EXIST and I want it GONE. (I know damn well none of these test were any good anyway. How many must there really have been, perhaps 20.)

I will request the ABCMR to correct this and with a statement letter for me to carry to boot or... sue.

6.19.05
I have sent my second addendum since my filing Jan. of this year to the ABCMR, requesting the removal of all references the so-called supportable October UA and letter from the ABCMR stating it has been deleted and advising any continued references to it are unjust, etc.

8.12.06
I insert here that last week the ABCMR has agreed with me to remove ALL urinalysis testing (positives, i.e., the "October mistake") from my military records. Further, they issued, as part of my complaint, a "clean" (their word) DD214, that is, one without any reference to having been "reissued." (Boxes 18 and 26 have further corrected (a second time for those boxes.) The rest of my application was denied. I have one year to appeal to them or I can file suit. I'll be filing, I hope. So, did I make that look easy or what?

6.19.05
EEOC has sent a mediation letter/request to CCPS! Progress! My attorney is GREAT!

12.26.05
Nothing ever came of the Division of Adminstrative Hearings, best I can figure, as my sister alluded to, is that they misinformed me and I have not proceeded correctly. The office that 'Veterans Preference' violations comes under says I don't qualify for them to look into it because it was for a Substitute job. The EEOC finally dismissed me with a Right to Sue Letter.

My case was recently filed in Fedreal Ct. in Ft. Myers, by my attorney. My brother lent me the money, $4,000. to start. Here is newspaper article that was published in a recent Sunday edition (if you make it "bigger" you can read it). My attorney says it will be approx. 2 years before the court date.

In other news: I still haven't heard from the V.A., nor have I heard from the ABCMR, yet.

3.17.05
To succeed in a claim for disability compensation from the V.A. (Veterans Administration), your evidence must meet these three requirements: the three things (bullet points).

The AFEES records, one page inparticular, and, Dr. Ashman's letter (the form he filled out), establish a preexisting medical condition.

Before I continue from 3/17/05, I am inserting the V.A.'s 19 MAR 2002 'Statement of the Case,' (that I never received). Just the last page, that gives their specific reason for denial of my claim: that my military Service (I say: Discharge) aggravated my Bipolar condition. I am specifically inserting this here for any doctors looking in that may be asked to examine me or otherwise remark. Here is that page of the SOC. Anyone who wants all of the SOC, or any other records, please do not hesitate to ask. Use my email at the top or call. An earlier denial document, 7 SEP 2001, follows in the next paragraph.

3.17.05
My intial claim was "reconsidered" and subsequently denied a second time (I expect that. It is a Regional Personal Appeal Hearing I wish to get to, where I expect another Denial, from there I wish to get to the BVA., the Board of Veterans Appeals in Washington, D.C., from there, after, one can sue if necessary. Not that I'm "sue happy," but these people simply keep saying no in hiope they wear you down and go away. Only you persist, may you get your compensation is my experience --I have been to BVA. three times before for the same, another, case [it kept getting remanded], I will explain why later, I didn't seek to go at that time.) I made it again and have been waiting for two years for an Appeal and they said that I blew it, that if not what is referred to in what you are about to see where it says Vet has yet to reply... the claim you will now has been denied and I have/had a new one that I now going been proceeding since this denial, but it has been waylayed by some procedural mishap on their part --they misled me for 2 years waiting for hearing... more on that later. Here is the denial that will eventaully lead me to either having to start all over again and losing about 6 years of effort, or proving they lost it (which I am doing now) and getting hearing in Washington, D.C. Here is the [second] denial: link.

I think my case should be fairly clear at this point. But if you don't know me, and don't see these boxes of papers --perhaps you cannot see how 23 years and counting of struggling with the DD214 and DD215 has haunted my life. It ws the impetus of my first divorce. I spoke of Cindy's emergency leave to the States earlier, she took the baby, Bobby. It has damaged every aspect of my life and crippled my mental health, i.e., aggravated my Bipolar tremendously. I could, and I will at a later date, write much more about just that emotional and personal aspect. For now, a few notes on that indirectly, i.e., more surrounding or fringe effects/causes of the damage that are stems or branches, tentacles of this miserable discharge. (I'm sure these kinds of notes will be scattered throughout, just as they are above in the previous Section, if you read closely.):

I have been treated over the years, like I had been before I entered the military, for Bipolar. I am under treatment now at the V.A. I have been in and out of a number of hospitals, voluntary, involuntary, arrested and taken in chains to the state mental hospital. I have extensive medical records documenting my condition. I had it before, I have it now, that much is sure. I have had doctors and counselors say I should not work at various times, here is one such instance of that: click here. I have been at times overwhelmed and consumed by this discharge. It has virtually destroyed whole aspects of my family and profesional life through stress and damage it has done and continues to do and I believe has been a severe aggravation to by Bipolar. I haven't gotten yet to include the employment turn-downs after the V.A. paid for my college and now several counties have refused to hire me as a substitue teacher precisely because of my stigmatizing DD214, Mililtary Discharge Certificate. The most recent right here in Collier County, where they still won't hire me after I have been given a brand new DD214. Now I have to go to the U.S. Dept. of Labor, whom I contacted just today and the EEOC, and finally the courts, and I still may not prevail. I have documentation of their denial to hire I will put up here soon. The refusals to hire from Leon County, after 4 years right up the street in that county and in their schools as a student teacher at FSU --they said I should find another avocation! I have those letters. I have tried to keep personal feelings and most emotion out of this, but they were quite rude and even "acusatory," very strange. A model soldier. A 3.9+ GPA, 5 Honor societies, attending grad. school, adequate letters of recommendation from my professors, and I can't even be a sub. This discharge has affected too much and too many for far too long.

Here is a letter from Lee Legutko of Leon County Schools, mentioning the DD214 specifically. Here is a letter from CCPS. I will write more about these specific experiences latter. They (CCPS) tried to make it like there were questions about some misdmeanors from 15-20 years ago that were dismissed, plus the DD214-215. The misdemeanors are out of their range (by date) of consideration, even if I were a person would have been convicted.

In the case of Leon County Schools, I had been given my degree across the street at FSU and already done work in their local schools as a student. I has decided I was never going to show anyone my stigmatizing discharge and have that in my recoird where any dummy could see and sperad it around. I tried to give them the deleted form,m which is a DD214 and recently the V.A. told me that's all they had a right to see, news to me. I did meet with them and tell them I had been in acourt case and I showed them LTC Chapman's and LTC Elling's letters, that and the DD215 delleted or short form. Well, they accused me of "cutting off" when we met in person (the letter says "missing the bottom") or altering the bottom the of DD214. I told them it was copy that I had while I awaited a certified copy of the deleted form. Obviously, they never saw or heard of a "deleted" DD214. I finally met with Lgutko with the certified deleted DD214 and he accused me of "presenting nothing new." I should have showed them this records request form. Nobody's perfect. I t was timt to go the befoire trh school Board where they hopefully would have some sense. Instead, I was worn out, depleted. The guy under Legutko had written me a letter saying I should find "another avocation." The V.A. had just paid for 4 years of subsitence and college, but they didn't intecede or help me find work. I couldn't work, I was struggling, but I wanted to substitute. More on my struggling and barely finishing school later.

I moved to Collier County and applied to be a substitute. I had already become a Collier County Literacy Volunteer, but I had aserious event (attempted suicide) and gave up my student that I had only net with once... I can only handle very little stress and apparently only on my terms. I "go off" and leave town or "run." I knew I had to stand up eventually and fight this DD214 on its face. I decided to hand it over and fight. Sure enough, they called me in to explain it all. First they act like they can't understand how the DD215 corrects the DD214. "NA" in any block on the correction form apparently throws a wrench in th works. I explained. They denied. I appealed.

One woman. She decided, that no, she didn't deny me employment, she simply found no reason to overturn the previous decision not employ me. Down here that's it. You sue. I've contacted the EEOC who send it to the US Labor Dept., since it's a Veteran, because there arises the issue of a perceived disability. Alocihol and Drug Abuse is a disability according to the Americans with Disabilities Act (ADA), so I've been advised. Because my case against Collier County Public Schools will be difficult to reverse, this is the way to go; that they are prejudicing me because they are treating as if I am "drug/alcohol" affected, but am I not. Now, in Jan, I received the new DD214 with the cover letter advising that "all previously issued discharge documents be destroyed." I have sent that letter and copies the new DD214 to both school systems asking immediate reconsideration. Both are completely silent after two months. I expect that they will remain mute.

Who could possibly not see this nexus that's still going on? Lots of people I guess.

I have asked several professionals treating me if outside events can affect my disorder (Bipolar), the answer is invariably, yes. In fact, just recently, there was a newspaper article that proclaimed new evidence on Bipolar and Depression. It said that there is new evidence concerning stress. Here is a Naples Daily News article (Associated Press) printed Oct. 29, 2004, (or you may prefer reading this link). I have downloaded the technical version of the article and a corresponding supplement, from the Science Now online site. In short, it relates that stress is factor in Bipolar. One of the examples they gave in the article that would produce such a stress was "joining the military!"

Today, I contacted Dr. Amy Arnsten, one of the authors of the study, and the one who was quoted about events such as going off to college or joining the military would qualify as life events that could be sources stress that aggravate Bipolar disorder. (She said she would have a look at this webpage.) She has forwarded me a link to the following supportive research article, which I have linked here.

I contend that my illegal discharge severely aggravated my existing condition, that is well documented down to my AFEES enlistment application and by Dr. Stuart Ashman and countless and ongoing treatment records, even those of the V.A., various hospitals, and a V.A. hospital, thereafter.

Here is my current claim to V.A. made originally in 1998 (I'll have get that exact date), which I expected them to deny, whcih they did and I appealed. Then I was waited for my hearing date. (I have appealed to them before been denied and I have been to the BVA. (Board of Veterans Appeals) in Washington, DC, which is where you go after that, three times. It takes years to get denied the first time. Then it takes sveral years to get a Regional appeal, then, as in my previous case, a year between each BVA. appearance. I finally won at my last BVA. appearance, after I fired the guy who was supposed to be helping me. This time, I was denied, as expected, and awaiting my appeal hearing date for almost two years. I would call about every 4 to 6 months to make sure I didn't miss the letter. Every time I'd call te person would say, "should be coming up." Until, two months ago I called and person said, "you have no appeal." Well, I drove up to St. Pete, the Regional center, and searched my records for my appeal. Yes, I had an appeal, but apparently they have this thing they claim they sent out called a SOC, Statement of the Case, where I was supposed to fill out exactly what I disagree with. the thing is, i found a note on top of my records with my hand written appeal notice and request for a hearing --remember, I've done all this before, I'm sort of an expert at this-- that said, "issue SOC and schedule hearing." I'm still waitng for a hearing. They, in so many words, say I blew it and it got dropped FOREVER becaused I never responded to the SOC. Why, then, didn't anyone mention that during that year and a half of saying, "it should be soon," every 4 to six months when I called? So, they have rule that if you don't respond to the SOS within 30 days or one year from the intial claim, you're done. Or, you can start over from the original claim. So, that's what, six years+ down the drain?

I haven't prepared what I'm going to say about all that, but believe I have something to say and perhaps diectly to the BVA..

Thus, we, the ABCMR and myself need to determine what is in the best interest of justice in my case, when taken as a whole.

I am asked by many, are there damages you want? Why of course, and I think that would be fair, but I don't know of any cases or any law where that is possible. Next, what if my only option is to go back in the service at my former grade --no credit for time I was out. If that was all there was, I would try it, I may fail. But, I would be what, 66, 67 yrs. old when I reached retirement? This is not in the interest if justice, I think. So, what is there. Put me on the disability rolls? Retire me? Give a severance, like Maier and others (for information on other cases, see the Maier section in "Part I"). That may be best. I'd like, and believe I deserve, a hearing to talk about what is best and what would be acceptable.

3.20.05
To do: lots of years worth of previous filings to ABCMR and courts documents to link, about my discharge (DD214) not being corrected and/or DD215 not being "good enough" and about my seeking damages --got to get those documents up with comments. Tallahassee, 199x, Fed. Ct. (got tossed out on my butt). Got to get up the application I made to the Army Claims Service for $3,000,000. I also need to put up my entire Claims Ct. case and the Los Angeles Fed. Ct. case for the DD215. I even went to Supreme Ct. once, originally, but was denied Cert. --I didn't know what I was doing.

3.22.05
My most recent ABCMR application, submitted 21 JAN 05 and amended 22 MAR 05, can be found here.

3.23.05
Tomorrow I must prepare a cover letter explaining everything that happened, with dates, and copies of all relevant documents, including both DD214s and DD215, etc., and all correspondence with Collier County Schools to send to EEOC in Miami. My brother, Robert, has written a statement. He witnessed the "GBKA" hearing I had (with all two of them, only one who decided). They, the EEOC, has been in touch with me. It will be another lengthy (not nearly as lengthy as what I've been used to) and trying process, with only a glimmer of hope, from what I understand. Next step, if that doesn't work out, is Fed. Ct. I also have some U.S. Dept. of Labor forms I need to fill out. I need to get to work on Leon County Schools as well. I want all this stuff turned back, if I can. If not, it will over and I will have tried my best, but it will never happen again, not now that I have a new DD214.

3.25.05
I have prepared and assembled the attachments for both the EEOC document and the V.A. document (reading it will explain it a bit). I will link the attachments for the letters to the same links, so check back at the same link sometime later, no later than a few days, and the letters at these links now will just be longer with the attachments they mention blended in. Change: I will not be adding all the attachments for the EEOC document. The relevant letter(s), I believe have already been addressed in my writing here earlier. As you can see, there are 48 pages in that document, 5 are the cover and my 4 page letter, 4 more are my 2 DD214s, the DD215, and the new ABCMR cover letter recommending destruction of old documents, more are: the CCPS (Collier County Public Schools) letters denying my employment, elsewhere posted here; and, the court documents related to my discharge I sent them at their request; related letters and replies. Eventually, I may get the whole thing up, but it would be a hefty load-in for you to see it, maybe that will be a pdf. I plan to post my entire original court case, and later cases as well.

Preparing these letters is a prime example of how the stress of all this and the build up over the years of "these chemicals" (if all that is real) has effected my brain (?) --I had to put a question mark because it sounds so unreal, but each day I'm starting to believe it more. I almost lost it. Over the last week. I talked to the EEOC in Miami about going over there because I felt out of control with all these documents. Today, I really felt out of control with the Collier County Schools stuff. What happens is, I cannot do things unless they are on my own terms. I begin to explode. For example, months ago, early last year, I lost it at my sister when she prodded me about "working for her" since she was working for my brother as a lawyer and he had given me a menial job. I acted out on her --yelled, got angry, and left for Tallahassee. I came back after doing much damage to myself. A few months later. I had "been moved" to my [other] brother's to stay. He quite innocently laughed at me about some groceries, well, about some toiletries I had bought. I threw them at him after yelling at him and again tore off to Tallahassee. Again, after staying in a hotel and depleting my resources I came back. Eventually, I had a suicide attempt.

Today (I have this little part time job), I went off on this kid in California on the phone who is part of this job I have. I was really sick of it and about to quit. Of course, they aren't my boss, I am. But that's just it. I can't work for anybody. I will quit after a very short time because of stress frustration and anxiety, because of feeling out of control. Now that I am getting these letters out and these legal balls rolling, all I want to do is leave. I can't stand it. This has been extremely difficult. I can tell story after story over the post 23 years of hospitals, suicide attempts... of being out of control.

I'm no brain chemist, but fighting my illegal discharge, on various and sundry fronts, for 23 years and counting, I believe, and now apparently with these new reports, findings, and common sense to support me, causes "firings" in my brain of chemicals that aggravate my Bipolar --time and time and time after time, ad nauseum --worse. To be more specific (this is very difficult), I am constantly/easily frustrated; it is very difficult to relax; I over-analyze everything; I am over-anxious, overly worried; I am cynical and somewhat untrusting of authority, especially government authority. When I write these things, I mean them in an not-so-normal way. I mean them with the idea that my DISCHARGE is always in the back of my mind; constantly burning/occupying; an event replaying, producing guilt, shame, for divorce and family and child... on and on. You see, when I left Camp Zama, I knew that what was happening was wrong. That is why I got the JAG to help me write a FOI (Freedom of Information Act) statement and I got all these records, the local ones anyway, to use later --one day. I remember, yes, I remember walking down the street one afternoon in front of the PX, and saying to myself, by that time I was probably saying it outloud to myself, that I'm going to get them one day for this.

I understand and I respect, even appreciate, that it may be some people's opinion that I should have let it go. Maybe I should have, but I didn't and here I am. I guess it's a good thing I didn't. Look what happened at Leon and Collier County Schools. I'd just be starting to sue now. I can't imagine, then again, maybe my whole life would have been much better.

I am currently taking 100mg of Topamax, twice a day. It does not make me "speed" because my pulse is normally about 58 anyway. It does make my vision a little more blurry than it normally is without glasses, and my cognition can be just a tad under par at times, but not much. It just "takes me minute," but very rarely. It does cause weight loss.

3.30.05
I was thinking today about all the times I used th phrase "out of control" above, and how it matched up with that article by Dr. Arnsten. What I was really thinking though was that I was subconsciously not being forthcoming enough, maybe I just wasnt thinking about it but I wasn't doing it any justice with just that phrase alone. Let's be plain. Six years before I joined the Army (I turned 24 on day 1 in Boot Camp), at 18, I had my first suicide attempt as a result of my first major depression. I was not, at that time, as far as I know, diagnosed as Manic Depressive or BP. The Army was the best thing for me when it came around. I was kind of floundering until then, dropped out of college eventually and went from job to job and band to band. When I got that unjust discharge, bang, I hit the slippery slope. I remember my mother having read a Psychology Today, I was living above their garage, divorced and very depressed, comikng out the back door and suggesting I go see Dr. Ashman. She read about "chemical imbalances" in the brain. I went. Ashman said this. I thought I was there for some kind of test, so did my mother. He said, "Sure there are test Ted, but they're expensive, and besides..." and I'll never forget this, "...I know what your problem is." Yes?" I said. "You can't get close to people," he said. "Oh, I don't mean you can't screw," he said, "but you're no spring chicken anymore." "What should I do?" I asked. "Two or three years of therapy, or maybe in 10 or 15 years it may wear off." And so that was it. Did I digress? Sorry. I wanted to say that I have been in therapy, in hospitals, had 4 or 5 suicide attempts since my discharge, resorted to alcohol and drugs, been in rehab, had 8 years clean and sober --was even the chairman of an area NA for a year, and I've lost all that again, round and round. I know I'd like to get rid of this Discharge albatross that has remained at half-a-loaf. Many times I have said, "this is my problem," and pointed at that box and many times I've talked about the discharge as I've been fighting all these years and still am. Now that I need to document that it never seems to appear in anybody's records. I know I've been very redundant, but there it is. I wanted to add that abiut the hospitals and suicides. Sure they were predicated on other events. From one who lives them I can tell you, these things are cumulative, especially where you have one that is ongoing and never resolves. It doesn't just never resolve, oh no, it's a rolling snowball, sometimes it has a small break in it's rolling, but it keeps rolling and keeps getting bigger. The snow it uses up, it consumes, is my life, my wellness --the aggravation of my Bipolar is consistent, a constant --for lack of a better terminology.

I was going to therapy twice a week, but I can't afford it on an ongoing basis. The V.A. doesn't offer it. They have a group or something and maybe some counseling, but only for 4 months. I need individual therapy, you know, where you have your time and your session.

4.12.05
Dr. Karwatowicz, my current V.A. psychiatrist, put my situation?, story?, what should I call it?, in his progress notes today and gave them to me. Here they are. And he did it with me there, looking over his shoulder... well, not literally, but asking me along the way. Can you imagine. Anybody who can do that with me present, is a damn good man. I behaved. Besides, I had already gone off on the receptionist, just a tiny bit, so it all worked out I guess. These notes ought to help alot he said. He was pretty amazed that they hadn't service connected me with what they already had, after he read the SOC (Statement of the Case).

4.12.05
These are the notes of Sandra Carlson, City of Va. Beach mental health worker, from a 1995 interview. She was in charge of finding beds for peopel who wanted rehab in state paid 28 day programs. She did and I went. I located and called her and she had these notes still... in May, 2005. That was great! she was one of 3 or 4 nedical professionals over the years (as recent as 2004) who I carried in one of my boxes of miltary and court records, dropped in on the floor, pointed at it and said, "that's my problem!" There is a counselor I was seeing in 2005 that I did that also but she is hard to find now having possibly left the business. I hope my attempted suicide didn't make her get out. I can say that the psychaitrist she worked with (ajoining offices under his direction), and who is now quite hostile toward me when I sought some info, Dr. Pinosky --quite well invested down here in rehabs, etc... anyway, he called my parents while I was in the critical area and said how sorry they were that they did not see this coming. So, I don't make this stuff up. And I surely do not plan such demonstrations as taking a box of my papers and plopping it down, etc., so that I could write it up now! I guess I'd of BRILLIANT to have accomplished sometghing like that! Provided somebody will write of make a film of my story --I have come to believe that it is worthy of such things. Would I trade it all for a happier existence? So far, I think I definitely would. I'm not sure I can argue with that question after so many suicide attempts. We could continue this.

5.7.05
I am still preparing V.A. letter and attachments. I have acquired a letter from Dr. Ashman. Dr. Marcus has promised a letter by end of the coming week. Here is the current V.A. draft (it has typos) document without attachments. I have contacted Dr. Ashman and have linked his May 5, 2005 letter. I pursued this in the event the V.A. (in their SOC) is in any way shape or form claiming that my preexisting condition and my current condition are not one and the same --which is absurd on its face considering heredity and history. An expert armed with my history coudl dispel any such attempt to claim that, but I thought might be of use and easy to make the phone call. I have asked several to read this letter and tell me if it accomplished said purpose. Upon careful reading it looks as though that is exactly what the V.A. is doing, at least in part. By cutting this off now I can save at least a year or two of hearings and appeals to find out.

Dr. Ashman saw me again in 1983 not long after my discharge --he obviously doesn't remember that-- and what he said to me... I will NEVER ever forget it. One day I will put it in here, soon. I wanted so bad to blurt it to him, ask him if he remembered and what the HELL he meant! He may be a very nice man, but he's another doctor I'd NEVER go to again (he's retired). Can you believe that the DSM did not exist in 1972! His letter seems to indicate so, wow! We mental patients are really still in the dark ages even still. I mean if it, the DSM, wasn't in existance 33 years ago. That's kind of scary to me. I guess I'm lucky I wasn't given shock therapy back then or worse when I went into the V.A. mental ward in the mid 80's.

5.18.05
Dr. Marcus has contributed her letter of support. It's very relieving in these times to receive these things, so I must write her a thank you note. Here is her letter.

Cindy, my ex-wife has signed a letter and it should be here this week. when it arrives I will take my materials to Dr. Pinosky to request his support, or at least the address of my former counselor from his office.

6.19.05
I sent out my V.A. rebuttal letter (8 pages, plus attachments): why they should not have dropped my appeal for not filing a timely Form 9; along with new evidence (all the letters from the doctors, Cindy, new found records and the Arnsten study) for Service Connection of my BP.

9.24.05 - 10.15.05
I volunteer am deployed as a Red Cross volunteer to Alabama and Mississippi for Katrina DR (Disaster Relief). (Katrina and Wilma --a slideshow/movie I made. Quicktime required. Wilma is first, just a few local pics, approx. 3 minutes then Katrina.)

8.26.06
Last week I called the V.A., on several days, they say I have no open claims or appeals. Even the Vet guy at thw Ft. Myers V.A. Clinic called last year and they said I did. Oh well. I hope I mentioned already that if one prevails in such a claim you get monies from the date you made your claim. Time to start fresh I guess. You can't change or recoup anything when they tell you one thing over the phone and then something else years later --there is no such mandated record keeping there, i.e., of phone logs & converstions.

Depositions for Rogers v. CCPS is coming up in less than two weeks for mediation later and possibe trial next year. That is going to be interesting, and it will be the FIRST time I have ever gone into ANY form of hearing that ultimately, for me personally, is related to the poison tree of my discharge. Shall I contain myself? ;)

I wish I'd of heeded Frank Zappa's advice a long time ago "Shutup and Play Yer Guitar." I jammed with him once in Norfok you know.

8.26.06
Great high school stuff, popular bands, etc., late 60's -'72, drugs. Everyone did drugs. Churches had bands and everyone was on acid. One of the local ministers even smoked pot. But no one's life was really centered in it. My life was centered in music. For sport it was all about surfing, Hatteras, secret spots.

Berklee College of Music, Boston. Univ. of Miami, FL and Pat Metheny, back to Boston. Motorcylces. Beaches. Gay flower shop owners. Motorcycle to Portland to live with Marion, broke.

Looking in at him sitting there alone in our living room as I went past he asked me how the band was doing. I said we broke up. That happens so much in bands. Sometimes we break uop just t get rid of one member and reform. He just happens to mention, "You can play guitar in the military." I don't know where tha came from because I wasn't talking to him, until then when I probably said, "Really."

I began thinking about how if I was a guitar player in a military band then that meant there be a complete band and no one could escape, no more personality break-ups. I was naive.

I went to the recruiter. All branches were right there in various offices at the same location, from one door to the next. It was the Army who finally gave me the best "service." Later I found out that it was also the Army that one might get rank faster, for me much faster.

The recruiter said first I had to audition. Little did I know that the Tri-Service School of Music (SOM) was 6 miles away on Little Creek in Norfolk. Some Navy guy gave me an audition at the schoo, and said that I could play for the Army if I wanted. The recruiter immediately took me up stairs to the Army admin contingent of the school where they were going to see what post or assigments were available for a guitar player, that is, whi didn't have one, who was slotted for one or who wanted one. There are not many guitar players in the Army.

I wanted Hawaii so I could surf. I was informed that there were 3 types of bands: Special bands, like for Washington D.C., only a few of those; AG (Adjutant General) bands; and Division bands. Hawaii was Divison band and they were the worse. Guitar players and piano players are in the percussion section in the military and in a Divison band yo may never see your instrument, instead beating a pair of cymbals ort a bass drum all the time. Marching in front the infantry everywhere. I was real lucky there this guy there telling me all this because I had not signed up yet. So while everyone wanted Hawaii it was bad duty... lots of camping in pineapple fields and no guitar it sounded like. I wanted to go surfing and to save winter sports, Europe, for possibly later.

Suddenly, as he's looking over papers and whatnot, he says in a kind surprise, Japan's open? They had already mentioned Korea but it sounded dangerous to me and no surfing anyway. Japan's open. The whole office lit up with comments. The talk was that Japan is an AG band and definitely cool duty. I left with guarantee of 2 years there which would leave me with about 6 months left on a 3 year enlistment. That meant I'd stay and reup or get out there. If I signed, passed boot camp and then graduated the SOM, off I'd go. If you didn;t remain oin schedule you were theirs for whatever job they wanted. That job was almost always tank school, I learned later.

After a lot of examinations and in between stuff, on May 9 I arived at Ft. Dix late. I woke up in Boot Camp on my 24th birthday, May 10.

Cut/Jump
Out of about 40 band members and we were all fairly tight, maybe two rather weird folks did not drink or "get high." People did everything from ordering weird drugs like lettuce opium, whatever that is, from stateside magazines like High Times, to buying potent cough syrup and tons of Ephedrine pills on the economy. I was there for almost 4 years. People in the military generally drink a lot, a whole lot. There were quotas on purchases of alcohol and tobacco overseas because people would buy it for outsiders or foreign wives would buy it to send elsewhere. I was even sent to buy two bottles of Johnny Walker for 1st SGT. Scott one time, the guy who put me out, because I hardly ever bought alcohol and he was to his limit.

Make no mistake, the band was strack (sp?), spit-polished and ready. In fact, we were the only ones on Zama, besides the MPs, to ever draw weapons. We never did but once for an indoor Air Force practice range and that was probably just an excuse to pin expert badges on anyone who didn't have one already --whether you hit the target or not. We were the best at everything. The shiniest, the smartest, and generally more intelligent. We even had the best softball team. Our own private barracks with all single rooms. We did, afterall, keep odd hours. Every other unit hated us. The MP were always pulling us over.

At the SOM (and I'm skipping for this writing a major event there) there were several people, perhaps 3, that were also going to Japan, not at exactly the same time, but near enough. Two were friends from up north who enlisted together, both played trombone. One was a girl. I really did not know them at the SOM but we did hang out at times. I was allowed to live off post because it was my hometown of record. I did have a one-night-stand with the girl going to Japan, Roxanne. Once I got to Japan I couldn't wait until she showed up. It was scary and lonely being that far away. She showed up and we continued once or twice, but then she fell for my boss and best friend for most of my stay in Japan, until we had a falling out. They got married eventually, but not while in Japan. He was married actually, but only to collect more money... she was in the states, no rings, no mention, it was a business deal, or so he told me. We called him Sudz. He was an NCO (E-6) when I arrived.

He was highly respected and a great drummer. We played together in SGT. Medeiros (trumpet) off-duty band Spectrum. That's John Murphy with his shirt unbuttoned on the left. He was another good friend and real good trumpet player. Eventually, I had some other bands and ended up with an jazz fusion band playing Chick Corea, Mahavishnu stuff. We hated having to wear Medeiros' outfits --like you see in the picture. Eventually he got Dashiki shirts... it was bad, but we had big fun. We were quite good though and had a lot of great gigs all over Japan, like the Army band did as well. We had singers and everything.

Sudz was smoking some Thai stick (potent pot) he occassionally got when I first was invited into his room. It's real difficult to get dope in Japan, but they had it, at least he did. We didn't drink much at all, myself and Sudz. I did a little later in my tour, but I mean as opposed to not drinking at all. Japanese like to drink.

Smitty was the best alto player I ever heard. He would drink that cough syrup. I think he got me to try it once when we were on tour in Hiroshima. He had about 17 years in service and was an alcoholic. Nicest guy you'd ever meet. Always got the big show solos. He was in Medeiros' band too and Murph would quite often hold him up by the back of his belt. We'd play gigs with our Japanese counterparts and have drinking contest after the gig. It was protocol.

After my discharge and first divorce, I went downhill after a while, long story, lots of stories. I want to get to that. I eventually went into a 28 day rehab. Before that I had been married again (she's in here somewhere already) and I grew pot indoors. My case, discharge and V.A. were killing me and I combusted again and told her she'd better leave me. I'm so stupid. Later, I went to Florida and NA (Narcotics Anonymnous). Eventually I had 8 years clean. I started two NA groups in 2 citied in FL. Up in Tallahassee where I went to FSU I helped carry the message into institutions. I held service positions and was elected to a one year Big Bend Area Chairmanship.

Chris and I did all kinds of anti-Drug war politicking. I also did FIJA (Fully Informed Jury Association or Amendment). We had hemp rallies and once or twice had to get ACLU protection, sued, and got laws changed, and damages. So, many great stories to act as filler in this thing called my life.

Here's a 100% true short story I once wrote, never got all my edits in, this is one of the drafts. You can see another short chapter of my life. (It was for a teacher who loves long opening sentences. I attempted to oblige. This is really poorly written.) Though what I did in that chapter of my life was against all my beliefs (narc, rat) and I'd never do it again, it's kind of a typical drama in my life --oh yes, there are patterns. In other words, what you are reading now is a disorganized outline. I don't want to write this. (8.29.06 - edit: I think I'm being really redundant here.) I want a screenplay. I'm visual and can only dictate. I'm dependent. This is the most I'be done in a long time and no telling if will be the end. This story, though not even, in real life quite finished, it's all done, it's all there, in my head. It's time has come. There is more than enough to cut out, to edit down. The main thing is I finally understand it myself. The conflicts. The world within it and without. In case anyone is wondering, I'm a peace lover. A lover, a romantic, not a hawk.

The conflicts. Now, I know that this conflict structure is where it's at. I don't mean legal logic and all that courtroom stuff, though that's pretty good by itself. I mean the pacing, the speeches to the walls, the paranoias, the soliloquy and the monologues I have performed to no one. Well, here there have perhaps been a few victims. Mainly, me.

For example, a few paragraphs up where I talk about drugs in the Army. I used to think that maybe I'd go to court one day (originally) and have witnesses, band members. Even today, I have imagined people or someone saying: did you or did you not, or, well did you smoke pot when/while you were in the Army? I always thought I'd have to invoke my right not to incriminate myself in any crimes. I imagine them/whoever then saying: you deserve what happened, you got off legally (if you call that getting off) due to a legal loop-hole, a technicality, and, sure you're legally correct but you aren't right, morally. I have finally, just recently come to grips with all of that and some of the other internal conflicts.

My politics have never changed. They were the same in the Army, rehab, never really changed at all, maybe strengthened. Yes, different than many's, including those, at least one --you know I really don't even know that-- who put me out of the service. I think they/he knew that and didn't want me to become an NCO, which I was on the verge of becoming at that very time. I am also talking about now though, and CCPS. I will give a deposition soon and probably go to trail next year. Probably, Scottie was just using and abusing his power as acting commander simply because he could and no longer liked me because I called him on that Article 15.

I think of my favorite legal orator Jerry Spence: your opposition can only use the power you give them; I think then to reverse that I must not give them power and to that end I must take their power from them. I must take their arguments and make them plain and put them all on the table before they can speak them, then what do they have. This is where it's at.

I doubt I will fire my current attorney but I may; I always knew that, but I want to get the major work done and then see where it's going and how she will help me get where I want to go, which can be a compromise.

A compromise of me, in my thinking at least in part, not with my opposition. Within me. Life is about learning. Communication must occur to keep learning. I seek that. That's all there is. It must be the truth. In the end everything is for the children, the future. Children are not dumb. Children see what we do to each other. Maybe I'm just a fool.

...More on these conflicts later I hope. I think if I could write this into some sort of production or stage event even more would be fleshed-out. It may not be until then, as far as I know. I am just not that smart by myself and I can't afford an analyst. I'm barely making it now.

8.28.06
Remember Pamela Maier (search above)? I talked with one her (2) lawyers over the phone last week and had a few email exchanges --he's in Honolulu. Nada. As this is both a story and documentation site I hope to get those and lots of emails in here one of these days. As far as I got with him was that I was too old to reenlist. I'm not too old to be in just too old to get in. (By the way the age formula is different if you have prior service, it's older!) Try one of his quotes: "See, what you are asking for is justice and fairness. In these cases the law does not provide that." Wait, I thought we took an oath to uphold the Consitution? I did at my swearing in Richmond, VA. The Bill of Rights is part and parcel of the Constitution, last time I checked anyway. ...Is that smoke coming off your head? Are you thinking? Don't think... feel. Over think. Over feel. FEEL. Like I feel.

10.18.06
Starting next week we have my mother and father and other brother being deposed. We will depose one other person as well, the HR head. That same week, next, we also have mediation (required in Florida).

10.27.06
Mediation took place to today. I almost did not show up. It was unsuccessfull, an impasse. Court is scheduled for sometime in February.

12.16.06
Here are the depositions. The numbers in front of these files are the order of appearance [there were three dates over Sep. and Oct.]. (I protested any of this being done on the anniversary of 9/11, as the Pressident had called for a national day of mourning.)

I need to get out my V.A. claim again. I called and got someone to find my last mailing, the big one I talked about above. All they had done was file it in my file. I got a guy to walk it to the "Appeals Section" and they quickly denied it by letter. I will resubmit that as new claim and be done with that tring to get my non-appeal reinstated. I need also to get out my next ABCMR letters where I will sya that the original copurt did reinstate me and also that thay must strioke from the records and stop referring to my Recommendation for Discharge as proper based on that they did not know at the time the test were bogus. That analogy is false as I was also denied Due Process before being discharged. I believe I can also make the case that my enrollment in the program was also improper "at the time" and to further strike those remarks from thye records --these are ABCMR records I am referring to, then, I will make my case for reinstatement. I have little hope. After that I will sue in the Ninth Circuit (SF, CA), moving there if I must. I was discharged there (Oakland) and that was our APO for Camp Zama, Japan. I doubt I will ever get any money, but I will go back in at least just to say I did it. Why not.

I have been reading reviews of James Frey's A Million Little Pieces. I, like everyone else, have heard all about it and the controversy. I have the book from the time to time from the library but have to fully read it. I had the idea that my own story was material for a book or movie a long time ago, more than a decade ago. The more I learn about Frey's "story" the more I see all these similarities --his parents were in Japan... just loads of little and not so little things. The thing is, and there''s so much of my story that is not on this website yet, especially the really bad stuff, that I think my story is better, honestly. There is certainly a lot more in it, it's quite wider. A lot more subject matter. Addiction, mental illness, love and sex, rock and roll, divorce, suicide, rehab, institutions, jail, "crime", jazz... so much. I haven't even begun to lay out all the charcters, or, like I said, many of the events. It has to be done. I've got to do it. I wrote to Nan Talese just asking if I could send info --I meant thyis URL but I did not say it was a URL nor would I sent it yet. I am going to send to agents. I need an editor, moral support, deadlines, and an advance to live. I don't ask for much do I? I go on internet forums and get reponses from people actinglike they are 3 years old, not even relevant. I met a kid (22, maybe) at the movies who was talking to his friend. They both work there. He was showing him a screenplay (I overheard). We have met and talked. I have yet to show him this site. There is litigation going on and he is local. I'm not sure if he can really help or not, so I'll keep looking and keep writing in the meantime. I worry about just hanging this much out there on the internet. It's time for the writing to take a BIG turn from talking about doing it to doing it. I hate to end this here, now, on that sentence. There it is. Here it is. It's difficult being depressed and/or manic and not having much of anything to counter it. A lot of people say, I've heard a million times: can't you put that energy into your music or your writing. It's never really a question from them it's a suggestion that they believe should and will work. If I believe in BP, if just so not like people think. Like you can just take some pills and everythings ok. I'm in a long lull of having no treatment for a long time now anyway and pills have yet --all my life?-- to work, though onlookers swear they do. It's like people who never heard me play guitar who say how good I am. I need this current local, recent, litigation to be over and it will be. I hope I don't get hurt by it. Then I will feel freer about what I write.

Defendant's Motion for Summary Judgement has been submitted along with my reply, last month. Negotiations continue. We do not know when the motion will be ruled on. I have been hammered with: they could win Summary Judgement. And also with the fact that I could lose at trial or win and get nothing but them being wrong --justice. The monies claims are secondary to me. There is the fundamental issue: I do not want more documents existing similar to and supporting the old DD214/215. While I have a letter from an agency of the Federal Government advised destruction of previous documents, apparently there is law in Florida, the Sunshine Law, that says that these currently exisiting records held by CCPS cannot be destroyed.

At the mediation they put forward $2,500., we were in triple digits. I will explain that later. Today, before Summary Judgememnt is ruled on, they have gone to $30,000. to $32,000. I thought all that was over but apperantly not, again I will ad details later. They said they are 'authorized" to settle between $30,000. and $40,000. To keep an open mind we said $39,000. I believe they have countered with $32,000.

I have authorized my attorney to $38,500. However, my fundamental concerns must also be met --destroy or rescind (by new letters) the letters denying me employment.

Last week, I sent off my V.A. claim anew (almost 10 years wasted, so far, on that one). I have yet to get out the next round with the ABCMR, but I believe I have a weakness there, from the original judge and I am sure case law: where an applicant has convinced you [ABCMR] to correct his records you may not give him half-a-loaf. Also, they keep saying my discharge, at the time, was proper at the time because they did not know the test were wrong at that time. They forget, before they discharge they must afford a Due Process hearing and they did not, and for possibly other reasons, my discharge was not at the time, nor was it at anytime, proper. Further, I believe the original judge ordered me back in uniform. I am thinking of writing a court complaint and not dealing with the ABCMR any further on this matter. Yet, I think I should give them one more chance. I have thought for quite a long time --even before recent new issues-- I would be suing, yet again. Here is that (26 Dec. 2007) response letter I sent to the V.A.

12.24.06
Merry Christmas Eve!

I received a letter from the V.A. telling me that they require new evidence. It also states: "In order to be considered material, the additinal existing evidence must pertain to the reason your claim was previously denied." And, "Your claim was previously denied because there was no evidence that the condition permanently worsened as a result of service. Therefore, the evidence you submit must relate to this fact." And, "New and material evidence must raise a reasonable possibilty of substantiating your claim. The evidence cannot simply be repetitve or cumulative of the evidence we had when we previously decided your claim."

All I can figure, looking the letters of my V.A. psych Dr. Karwatowicz, Dr. Marcus, and Dr. Ashman, though there is other evidence included in what I already sent to them this time [new material evidence] (those letters are linked somewhere above or check out the [soldier files list] for those names), is that those letters, that asked those doctors to write in support of my claim, contain wording such as "...in support of the appeal of his denied claim...." So, maybe the V.A. is seeing the word Appeal and not considering it relevant, when, in fact, it is new evidence. That is, it was never considered because it was not really an appeal I was doing that for, it was and it wasn't --I was trying to get them to allow the appeal that had expired [by time] to go forward and they would not --because the time had far run out. The V.A. denied me in June of 2000 and I failed to turn a form, though they mislead me telephonically for years, so my Appeal time(s) ran out and there was never any appeal. To believe that V.A. would wish those doctors to reword their letters to remove the word "appeal" and, for example, simply refer to a "claim" is, imho, ridiculous. I can speculate on them no further. I will resend that section of my last sent document with a brief cover letter. If they deny me again, and they will, let's get on with it. It is the BVA. (Boeard of Veterans Appeals) where one may get more reasonable action. So, and as I have been trying to do all along, is get to the BVA. Unless, of course, the Regional Office is welcome to approve my claim and save those multiple years, I'm sure. Last time it took 3 visits over 3 years just in the BVA aspect alone: two remands, on the third hearing (each a year apart) they ruled. On the last hearing I did the talking --I "fired" the public Veterans advocate, based there. He wasn't getting me anywhere. I won everything, plus some.

1.09.07
It appears that I am about to settle my CCPS claim. I think it best to go ahead and do so. Maybe I am taking the easy way. Here is an excerpt of where we are in the form of a recent email.

1.17.07
This evening, I finished my next ABCMR response letter and attachments. This one has what I hope is the last of my argumemts, plus the kitchen sink. I will get this off certified mail right away.

I hope my CCPS case gets settled very soon.

1.26.07
In scanning through this document, it seems I have written little or nothing about LCS (Leon County Schools) in Tallahassee, FL., where FSU is. So, to get things started here an audio recording (linked in mp3 format, if should play when you click after a bit of loading) of my appearance before the Leon County School Board for failure to hire me. Actually, it's more like failure to consider me for hire to their substitute pool. The reason was "falsifing the application", if you lsiten to the recording I believe you can hear what that is about. After the link to the audio is a link the personal information packet that I made up to help me at the hearing, that is what I am talking about distrubuting at the beginning. The recording explains the issue but not the experience. This was 9 May 2000. Leon County School Board Public Hearing, 9 May 2000 (mp3 audio). Here is the personal information packet. Here is their (LCS) policy for criminal background checks. You can see that LCS has a committee even at the outset of application, unlike CCPS. (Note: these policies and checks apply to every applicant.) LCS also allows grievances to be heard and resolved (voted on) by the elected school board at public hearing, also unlike CCPS. CCPS could certainly learn from LCS. Here are some letters we (LCS) exchanged, back and forth, before this hearing.

2.24.07
Thoughts on CCPS case and settlement, includes status, here. Also, I received a letter today from the V.A. It has me scheduled for a C&P exam. I will call tomorrow as it did not say what it was for, but it has to my claim for mental disability --they call it "anxiety". What I don't understand is this: shouldn't that follow a grant of the claim itself --for service connection? C&P (Compensation & Pension) exams are to determine the percentage granted. That is, Service Connection is the first issue to be determined. I am afraid of these examiners, as they fo not know me or my medical history. I can appeal it to the BVA so maybe I'm getting there fast. I have also received an acknowledgement letter from the ABCMR concerning my most recent claims or application.

3.06.07
It seems strange to me that I have just now realized that box 28 of my DD214 (Narrative Reason for Separation), the reason displayed is: Expiration Term of Service. That reason is not valid. In that, that reason represents my having voluntarily left the Active Duty Army and I did not. So, I have made an addendum (edited April 15, sending tomorrow April 16) to my recent ABCMR application. The ABCMR has already acknowledged receipt of that recent application. What this addendum request is the same, but offers a different light and covers, actually, why my current DD214 cannot really be correct at present.

3.30.07
I received a copy of the recent C&P exam, March 22, 2007 (edited/cut to Integrated Summary only, later I will post it all). To be brief, my interpretation of the conclusion is that I had this problem before service and it is merely a continuing of the same, not aggravated by service or "at least as likely." I don't know.

(Note: full copy C&P Exams are linked in upcoming paragraphs; however, they are password protected except for the above intial (1 of 2) C&P summary, if access is warranted email me.)

4.06.07
Turns out I read the intial C&P exam results completely wrong, according to Dr. K. and others. It is likely my claim will succeed. "At least as likely" is said to favor aggravation; plus, he reduced a former GAF score I had been assigned. This is far from what I expected at this level. This could be life changing. I should know by the end of this month.

Yesterday I hand delivered this packet to Florida State Senator Saunders. I hope to have the Sunshine Law amended in regards to the retention of false and damaging records by public entities, like CCPS.

4.13.07
Today I signed (gave in?) to settling the CCPS suit. The agreement is on its way to the other side for their signatures.

9.21.07
I received this letter from the branch manager of my bank --where i have had a account for 7-8 yrs., partly in another city.

Note that these ppl can't write letters. The first paragraph states that the reason(s) are below and they are not.

So I went in, I had to. When I asked her why, by the way, she hangs out at a little desk in the center of the bank like an information desk leaving her private office basically unused.

I ask why: she said well yuou've had all these overdrafts --my atm card. I said and you've made tons of money off me and never over all these years have you ever written me or warned me or even mentioned it. In fact, the machine asks if I want to continue and I usually do (unlike writing a bad check... I don't use checks).

In fact, I said, I came inside a few months back and asked you specifically if there was a monetary limit on each overdraw. She commented after pulling up my account, "Wow, we must like you." And, that was the end of that inquiry apparently.

So, when I asked why, she said well you had this many overages (in 8 years), but then she said I was abusive to the tellers. AHA! Now we're getting somewhere!

See, the week before, when I settled my lawsuit, I brought in 20k in cash and deposited it, fine.

A week later, on a friday, after being refused accounts by brokerages to buy my stock based on my credit report, (yes, I wanted to purchase 20k of stock), I went to withdraw my 20k so a family member could invest it for me. It was late Friday and I wanted to get cash so we could do it right then --no holds.

Well, they said they didn't have it. They said they forgot to "order cash". Now I actually understand about that and how it works but that's all they offered: oops we forgot.

So I got a little perturbed. Wondering aloud what i was to do, etc., no name calling, no cursing. After about 10 minutes they offered me a cashier's check --turns out that had all kinds of holds. As I left I was mumbling and I guess other customers could hear me: bring them 20k in cash and 3 days later they don't have it.

So THAT what reason I said, and it basically means that you just don't like me. I told her look, I'm a disabled vet and I have mental problems that I get a bit excited when things appear out of control. To which, she immediately interrupted me and said: "don't pull the disabled vet card," right in the middle of the bank she said this. (To which I replied so for having a discussion like we're having right now you would ban me?)

Knowing I probably could not get a new bank account as I withdrew my last bit of money I apologized to the tellers for any percieved abuse --same ones, I recognized them. They said they it wasn't them, that they didn't remember!

I went back to the manager and said look maybe I can, like, not come inside anymore? I was groveling and did not feel good about it because I never did anything anyway. She said she would ask the person who had "felt abused" if they would mind if I was allowed to keep my account ( more proof that's all it was and yes this is all insane!).

So when I went back on the first of the month to get my V.A. check (direct deposit) she said she'd let me know then.

Meanwhile, I decided to go ahead and call Wachovia local HQ and complain. Her superiors apologized for her "vet card" remarks.

Meanwhile, my brother is a big customer elsewhere so he started me an account there and I was able to tell my former manager sayonarra, that I don't wish to bank anywhere that disrespects vets or the disabled.

Also to report, the V.A. is sending me BACK to Dr. Bonstedt for second C&P exam... as well as to the ortho for one concerning my shoulder. DR. K says it is unusual but ought to be a piece of cake. The V.A. will not tell me why. Dr. Bonstedt will I'm sure, certainly I have a right to know. All I can think of is that they wish him to decide on any rating.

6.7.07
Turns out I was sent back to Dr. Bonstedt for the question: what is different now than before you went into the army? Here is the C&P Exam (July 2, 2007) copy.

I have received the V.A.'s decision.

I have now employed a highly recommended attorney. Recommended by another highly recommended Veterans Court of Appeals attorney, in SC. Both have read only the decision and said the following: I have a good case and they denied me because they do not like me. I cannot, at this tie go into greater detail. I will add that I had previously thought about the idea that how could would some adjudicator find for me in a claim for mental illness disability when I am able to put together such a great brief? How can I make and maintain these pages, how can I do much of anything considered productive by society? What they do not know, and you do, is that this claim has been going on since, well my first attempt this claim was submitted 9 years ago, not including however long that initial document took me to prepare. It has simply been expanded over the last 9 years (it is marked received by V.A. on 10/21/98. Here is a folder of the files so far, plus some ideas and notes that I have for an appeal, but now I have an attorney. (By the way, the entire first C&P exam is in this folder, previously I only put up an excerpt.)

The very next week I received the ABCMR decision. Denied. This is interesting in at least one spot. They deny that my civil right to Due Process was violated because the AR (Army Regulations) do not require it. The Claims Court in the original case cites case law in two cases, one in 1985, after me, and one in 1965, well before me. Both cases state that this is a matter of law and well required. Thus, because the AR doesn't require it means the AR is wrong, unlawful in that respect. If you were the ABCMR, wouldn't you repeat that as your defense? The ABCMR is a correction board, so, no, I would not say that.

Between that, the ABCMR, and the V.A. "not liking me" because I am "smart" and so denying my claim, I'm fairly frustrated and have probably slipped down a few notches.

Now, I believe I may be at my last stand for the ABCMR. In their current denial they say to go ahead and sue, if I recall. It is at that point anyway.

I wish to go to San Francisco and file this claim. However, I am thinking seriously of filing again in the Claims Court.

The question is remedy, is there legal remedy. I believe that to make me whole they must put me in uniform for at least one day to allow me to reenlist. I vas this, in part, that I have recently asked them (ABCMR) to give the waivers I would need to reenlist now, age waivers, etc. I am to old to get in but not to be in. The kicker , I think, will be to ask the court saying that this is all I want. Sure, I grab anything else I can. I think this may have the effect of creating a very restricted court focus on this single issue to make me whole. (Whether I do actually re-up is another story and my prerogative to be decided at that time.) If I lose, and I well may, I may not get in, it wil. at kleast have been filed and I hope chips away at this basic unfairness toward available legal remedy for enlisted person.

The V.A. case now will take an additional 1.5 to 2 years. Who knows how long the Army suit will take, if I ever file it. I need more money, I was counting on the V.A. win. I also have an appeal for SSDI (?); I called those lawyers today, they said my hearing is in February, that's great. It is near or around January that I may sell my stock holding.

11.30.07
I haven't written much, it appears at this point, about the CCPS case, here are some of those files. We settled late last April, I totally regret doing so. I feel I was coerced by my lawyer. (I hope to write more about that whole thing. See 4.13.07, above.)

I may not have mentioned this important difference in the applications at Leon County Schools (LCS) and at Collier County Schools (CCPS): LCS ask on the application, have you ever been "arrested", while CCPS asks, have you ever been "convicted". I misread CCPS to be like LCS. I really didnt misread, I just sort of assumed. Thus, I never had to out anything down at CCPS. Because I did, not only did it lead to discrimination, but it led to misunderstanding of what I wrote and what DeBaun cake to think about that. Particularly that there wa somethig I indicated, by date guessing and using question marks, but was not revealing --where in truth there is nothing. Basically, I cehecked 'Yes' to having been convicted and then listed what were really only dismissed arrests. He goesto deny that he had tye FDLE report which shows no convictions, so he could have deterenined thag there was misfire or misunderstanding going on here; I could not have becaue I never knew or realized until my lawyer, a year later, conformed that when the light went off in my head. However, DeBaun, it was qyite aopoerabt was latched into this idea that sonetghig was "somewhere" (see his deposition) becaue I had "said" (on the application) there was. Why this whole thing wasn's at least stoppes to talk about that I do not know. I may be smart, but I'm just not that quick. I never even asked my lawyer that question. I was just kind of like AHA! that I never had to check yes, I thought that was sort of funny, but that's all I ever thought about it at the time. Not until way after, probably as a result of some of this writing, do I see how silly it all really was, with one caveat: DeBaun. The more tme goes by it seeks he was bit bent on me not getting hired. Thing is, in the GBKA, they said and acted like my criminal background check was no problem. Yet they were asking me about incidents that their application and therefore their policy did not require. All that is (or was) left, as was clearly indicated in the GBKA was my DD214/DD215 ad why I did not have ony one paper (DD214), which of course I explained to Manalich and after actually did get and immediately forward to them to no reponse.

Funny, I'm sure I didn't figure out completely what's in the above paragraph until even after I wrote a lot of what ois on this page. Last night I listened to the LCS mp3 (since my copy of that application is buried in a box) again to see if that would confirm what I knew, that yes LSC ask for arrests and dispositions of course which could mean dismissed or convicted or whatever --anyway I have those files and it appears certain, however, CCPS clearly does not.

3.27.08
More about my application(s) in August, 2004, with Collier County Public Schools (CCPS): the CCPS GBKA "appeal" hearing occured on 15 Oct. 2004, Jane Knoble-Manalich was the presider/decider -- a "panel" of one. Throughout her sworn deposition she refers to "arrests" both of my employment applications (internet and once again at the sub orientation) asked only for convictions. I checked and wrote YES about, other counties ask for "arrests". Not only should I written or checked "NO" but I guess no subsequent dispositions would have been necessary, not only was I remiss or just assumed they wanted that info, I did want to be totally and completely forthcoming. As an aside: it seems strange top me, I iunderstand they've now changed the entire process (single application, etc.), but the applications do ot require an arrest recounting, but it one section of their CBC policy (at 4. J.) does speak of "history of arrest". However, I am not guilty of any of the relevant crimes (to hold against an arrest a person that resulted in no conviction is strange to me, i.e., one IS not guilty, espcially where it was DISMISSED and there was no "case"), further, where CCPS CBC policy allows CONVICTIONS, GUILTY findings, of the very same charges after 5 years (mine were 19-20 years prior). In fairness, the idea is that policy says what/who may be and may not be CONSIDERED. So consider my record, it was the DD214. Guess what, nonew of it mattersm why? Read the above link at 4., last line, superceeding all "lettered" paragraphs under it: "This policy shall not apply to crimnal charges resulting in acquittal or dismissal the charge."

Manalich, at the GBKA held (over her head) the DD214 in one hand, the DD215 in another and exclaimed: "Can't you get just one paper?" That's when I kind of spoke up and said, "Perhaps this will help you. I was ordered reinstated by Federal Court in 1991, and I sued again to get that DD215." She replied, "Oh, could you send me the court documents?" (see also: subsequent letter and particularly next letter, the Army was notified of this problem (I'd been trying to years! and quickly issues a new DD214. I have several other even newer discharges, with small corrections, after the one mentioned (it's all in here if you're reading all this carefully or just looking at all the files).

Finally, for today's additions herein anyway, here is my brother's documentation/letter to anyone (his recolletion of the entire matter, especially GBKA) that I requested he write up after it appeared over locally. There is mentioned in sevrla of his letters and here on a single conviction, it was never referred to as such by CCCPS (I'll have to check depositions again to be sure, but my lawyer whi came later did confiorm that I had none, i.e., this was misdemeanor arrest where I spend the wee hours in jail and was taken with many others en mass brfore a judfge the necxty mroning and all released under "Credit Time Served", there was no pleading nor trial (see Miami disposition, look for its second page for a stamp "JAIL ARR" and below that a Dade County stamp --that's the second page of this "conviction"). Here are Manalich's GBKA notes, she writes about the above arrest, "Presume he was not convicted of this". Lastly, in her notes she writes: "Will provide copy of judgement." No one should ever think that was anything but her request, that request and/or myself ever volunteering that (why?) is completely foreign to me and serves absoluteky no purpose but to confuse or allow [her] judgement of my/that case against the U.S. anew for their own purposes; it is, in my humble opinion, absurd and totally inappropriate in such a situation. Like Debaun's comments when he walked me out from my prior appointment with him, when she requested that and ended the GBKA on that (see her notes and the letters) I REALLY knew I was done for. Insanity.

Manalich goes on her noted from GBKA: "Fingerprint: 3 arrests, he provided dist. w/all 3. None of these would disqualify." Contrast that note to her sworn deposition: "But Mr. DeBaun had made the comment that, because we could not get a disposition on the Virginia arrest, and that Mr. Rogers could not recollect that arrest, that that concerned him." And, "And there was no information provided by Mr. Rogers at the hearing to encourage me or to persuade me to overturn Mr. DeBaun's decision." Question: "What information would have persuaded you?" Answer: "I would say if he had clear information on the disposition of the Virginia arrest." Question: "What does disposition mean?" Answer: "What the status of the arrest was." From Manalich's Deposition:
Note: italicized comments throughout testimonies are mine, added here and now. Also, much of the CCPS "Q and A" from depositions and the narrative can found perhaos better ordered and better analyized here.
Q. Do you recognize Exhibit No. 25?
A. Yes.
Q. Um, what is it?
A. It is a portion of the EEOC response that the District submitted in this.
Q. Who submitted the response?
A. I did.

Q. Okay. Go to the middle of the page and review the two sentences following the bold Exhibit No. 6 --
A. Okay.
Q. -- or you can just read the whole paragraph.
Does this refresh your recollection as to some of the issues?
A. Yes.
Q. Okay, great. Would the Miami-Dade County arrest, on its own, have disqualified Mr. Rogers from employment with the School District?
A: To the best of my knowledge, no.
Q. If you read further down, was there any other misdemeanor arrests that you were aware of regarding Mr. Rogers?
A. There were arrests in Virginia Beach for destruction of private property.
Q. And what year was that?
A. 1984.
Q. '84. And I am going to hand you what has been previously marked as Composite Exhibit 16. Do you know the disposition of the 1984 Virginia Beach, destruction of private property misdemeanor arrest?
A. This indicates that the Court was not in possession of any disposition for that year.
Q. Do you know what the disposition of the arrest was?
A. I do not.
Q. To your knowledge, was there a court case?
A. I do not know that.
Q. Do you know if Mr. Rogers was convicted of that misdemeanor arrest?
A. I don't believe that he was.
Q. Okay. How do you know that?
A. Um, based upon the District response, the FDLE report shows that that arrest was not recorded and the charges were dismissed.
Q. Okay. Was there any other arrests that the District was aware of when they were considering Mr. Rogers' application?
A. Robbery by force, also in 1984.
Q. And, um, what was the disposition of that arrest?
A. Um, my answer would be the same, that Virginia indicated that there was no disposition on record for that year for Mr. Rogers.
Q. Well, what was the disposition of the arrest? Was there a court case?
A. I don't know.
Q. Was he convicted?
A. I don't know.
Q. Were the charges dismissed?
A. I believe so.
Q. How do you know?
A. Again, I believe on the FDLE report that we received, it indicated that that arrest was not recorded and the charges, excuse me, were dismissed.
Q. When did Mr. Rogers do his FDLE report?
A. I believe it was on, in August of 2004 when he attended a presub meeting.
Q. So Mr. DeBaun would have had the FDLE report prior to September 2nd?
A. I believe so.

(See Manalich's EEOC response for further details. e.g. "Fingerprints of the Complainant were taken by staff from the Human Resources Department on August 24, 2004." And, "...the Complainant was permitted to view the fingerprint report and take handwritten notes from the information contained within the report." <--that occurred later, in preparation for the GBKA as I stated above. They apparently received the FDLE results the same day, 24 AUG, that I gave my fingerprints -- see previous link.) 

From Debaun's deposition; it is important to note that Debaun qualifies as repersentaive to answer to discrimnation issues, he and Manalich, and that his job responsibilities are: "I am responsible for purchasing insurance coverage for the District, for all of its insurance needs, supervising the workers compensation program, supervising the unemployment compensation program, supervising the occupational health clinic, six employees, administering the DOT, Department of Transportation random drug test program for bus drivers, doing background checks for all applicants with the School Board, including fingerprints, doing background checks for all contractors, as defined by the Jessica Lundsford Act, who want to work on district property, checking volunteers' backgrounds. And I am, I communicate with the Department of Education Professional Practices office with regard to certified employee conduct."
Q. Okay. Does the School Board check the criminal background of its applicants?
A. Yes.
Q. Why?
A. Florida Statutes require it.
Q. How does the School Board check the background?
A. The primary way that we do that is to take, to obtain fingerprints from the applicants, and submit them directly to FDLE, Florida Department of Law Enforcement, who provides us with a Florida criminal check. And FDLE then provides the fingerprints to FBI, and FBI provides FDLE with a national data base. And then FDLE returns that information to the School Board, and that is for a criminal background. In addition to that, the hiring agency or the hiring principal or department director will also do telephone reference screens for an applicant.

Q. What was the disposition of the 1985 arrest?
A. I couldn't tell, based upon the information that I saw in the application and the information he gave me, I couldn't tell.
Q. What did the Office of the Clerk of Courts state?
A. Clerk of Courts for --
Q. Third page of Exhibit No. 16.
A. Yeah. That is for the Circuit Court indicates that there was no criminal case heard with Mr. Rogers' name between the years of 1978 and 1986.
Q. At this point in the process had Mr. Rogers gone for his FDLE fingerprinting?
A. No.
Q. Did you interview him at this point?
A. Formal interview, I don't recall. I was sure that I had spoken with him in some way, because that happens with all applicants, whether it happened on the phone or whether it was in person, I can't recall.
Q. Did you ask Mr. Rogers for any more documentation?
A. Yes.
Q. What did you ask him for?
A. I asked him for more information with regard to the Virginia disposition, because this wasn't, thisnwouldn't tell me what I needed to know.
Q. What did you need to know?
A. I needed to know what the charges were, and whether it was essentially a misdemeanor or felony. That was the focus of my inquiry.

Q. So at this point, on September 10th, 2004, had Mr. Ted Rogers done his FDLE fingerprint report?
A. No.
Q. Sure. Based upon the documents available to you regarding Mr. Rogers' criminal background, did it ever indicate that he was convicted of an offense?
A. Yes.
Q. Which document?
A. It is Exhibit 18, and this is the handwritten criminal record dated, first page in Exhibit 18, dated 8-24-04. Question number one asks: "Have you ever been convicted of an offense other than a minor traffic violation?" And he checked the box, "Yes." I presume, when someone is making an admission against their interest, and they indicate yes, that that is what their yes means, yes.
Q. Is it possible that the applicant could have not understood the word "convicted"?
A. You're asking me to speculate.
Q. That is okay, go ahead and speculate.
A. Sure, it's possible and I deal with people from Immokalee all the time, but this is a man with a college degree, and he almost has as much life experience as I do. No, I wouldn't expect that.
Q. What do you mean that you deal with people from Immokalee all the time?
A. There are some people in Immokalee that don't speak English as a primary language.
Q. According to the documents Mr. Rogers provided you in Exhibits 16 and 17, had he ever been convicted of a crime?
A. I don't know, and I don't get to that in the process of disqualification.
Q. According to the documents provided to you by Mr. Rogers in Exhibits 16 and 17, was he ever found guilty of a criminal offense?
A. Again, I don't know.
Q. And you didn't know at the time you were reviewing the application?
A. I am sorry, say again.
Q. You did not know at the time you were reviewing the application, whether or not he had been convicted of a criminal offense or found guilty?
A. Yes, I did, he admitted it on his application.
Q. That wasn't the question I asked. Do the documents in 16 or 17 support the fact that he was convicted or --
A. No, no, they don't.
Q. Do you know what Exhibit No. 21 is?
A. It is a discharge report from the Armed Services.
Q. And whose discharge is it?
A. Ted Lloyd Rogers, Jr.
Q. And do you know what form this is?
A. It is form DD 214.
Q. What concerned you about the DD 214?
A. Nothing really concerned me about the DD 214. I will tell you it was unusual for me to see it, because I had never seen one before. If there was anything on here that caught my attention and caused me concern, it was line 28, "drug abuse-rehabilitation failure."
Q. And why was that?
A. Because it would indicate an additional factor for consideration that is listed in Exhibit 15, which is screening procedure of criminal background checks. Under J, it indicated for: "The perspective applicant who has not been convicted or pled no contest, a basis for review will be" -- The same basis of review would also have been used for the other convictions that he admitted to in Virginia and Miami. And on that basis, this would be a compounding factor to those convictions. But in and of itself, unless he is applying for bus driver, it would not have that much meaning.
Q. Does it say he was ever convicted of a DUI or DWI on the DD 214?
A. No, no.
Q. Did you ask Mr. Rogers if he was currently using drugs?
A. I don't think so. I would be surprised if I had, I generally don't. In fact, I can't recall a time that I ever have.
Q. Did you ever ask Mr. Rogers if he had ever successfully completed a drug rehabilitation?
A. No.
Q. Did you ever ask him to submit a sample?
A. What kind of sample?
Q. Did you ever ask him to take a drug test?
A. No.
Q. Why would the drug abuse rehabilitation failure be an additional factor for screening?
A. For the same reason that arrests without convictions would be a concern, it just shows what the applicant has been doing, what other aspects of their behavior.
Q. Do you know what Exhibit No. 22 is?
A. This is another military discharge form, it is form DD 215. It states that it is a correction to form DD 214, certificate of release or discharge from active duty.
Q. Why was this of concern to you?
A. I don't think this was a concern to me.
Q. Why did you list it in your letter to Robert Rogers on September 10th?
A. Because he asked me questions about it. He asked me if the disqualification was based upon the 214 or the 215.

GBKA hearing testimony (still Debaun)--
Q. What did Ted say?
A. I am not sure that I can recall.
Q. Did you ask any questions during --
A. No.
Q. Did he talk about his military background?
A. He may have.
Q. What did he say?
A. I can't recall.
Q. Did Ms. Manalich ask questions to Ted Rogers?
A. I can't recall specifically whether she did or not.

Q. So it is your testimony that you had no decision making authority following the GBKA hearing regarding Ted Rogers' application?
A. Correct.
Q. When did Mr. Rogers submit his FDLE report?
A. Fingerprint report?
Q. Uh-huh?
A. It was never done.

Q. What were the -- let's list each and every arrest that you relied upon.
A. What I relied upon for his criminal background were his admissions on his, on what is Exhibit 18, the handwritten criminal record and the typed and the computer generated criminal history.
Q. Would the Miami arrest have been disqualifying on its own?
A. No.
Q. Would the Virginia arrest have been disqualifying on its own?
A. If I knew what the Virginia arrest was, and what the circumstances were, what the charges were and what the disposition was, I could answer that question, but I can't, I don't know that.
Q. Were there any other arrests that you relied on?
A. No, this is all -- I didn't have a fingerprint report. This is what he disclosed to us.
Q. Do you reject every applicant with a criminal arrest history?
A. No.
Q. Have you hired applicants with criminal arrest histories?
A. Yes.
Q. Were there any other positions that Mr. Rogers would have been qualified forÊwithin the District?
A. I don't know that, because I don't know his qualifications.
Q. Did you review his resume?
A. No.
Q. Did you review his transcript?
A. No.

Q. Were there any nonteaching positions that Mr. Rogers was qualified for?
A. I don't know that, but there are no prequalifications for positions of custodian, tutor, food service worker. I wouldn't know why he wouldn't be qualified for those positions if he was interested.

No matter what is in any of these linked documents the truth about how my brother was admitted into the GBKA hearing is this: I was told, me, that no one couldd come in but me, no representation, no witness. The day of I planned for both of my brothers, both attorneys, to meet me there. We all went in and sat down to wait. DEbaun came to lead me in and started chatting with Robert, saying that he too was lawyer (not practicing) so he decided Robert could come in a silent witness. In either the CCPS EEOC response or perhaps one of the depositions is the tidbit that very shirtly after me there was no more GBKA, nothing. My lawyet told me later that they were now drug testing at least new applicants --I have no verficiation of that, but it is all, both, due to me, she said.

In try to sum up my thoughts, I was not required/asked on either of the application forms to put any of what I put in the applications' criminal history sections. Then I pay for, as every applicant does, and they do the FDLE fingerprints; they get the report showing 3 19+ year old arrests, all Dismissed. No one ever asked me for dispositions, but I submitted them --were they about to ask? Debaun called me in. I highly supected he would do so to explain the DD214/215; I joked and asked my brother's secretary to make personal and dated note that I was going to Deabaun's to explain the discharge docs as per his request (she did not) --that is, on the phone Debaun, who called me, said the appointment would be to explain the Discharge docs. Nothing about anything criminal (the FDLE results or on the applications) was mentiuoned or discussed or if it was it was so very brief (Debaun said later in the GBKA hearing there was no problem with my crimnal background. he started the GBKA, I just don't go there and talk, I have to know what I defending against and it was all discharge, by Manalich, nothing from Debaun --so why did he (solely) really reject me? Strange). When I left his office I knew I was sunk because he said as I left something like: Your an amicable fellow and I'm sure a nice guy, nothing more. So, I knew. How someone cannot understand those two very official, clear, certified, Military Discharge documents (meant for this use among other things) I have only one idea: the burden, the hurdle of stigma, they simply will not refocus on what is real and true once they have seen those words, false as it is and always was.

Honestly, I knew exactly what I getting into with this whole thing. I end up with more ammo for my continuing legal effort against the Military and a new action against CCPS or I'd roll on and begin steps toward a new part time job and life, not withstanding my CCPS administrative application which never gets mentioned. I have to take baby steps. Instead, I was passed the ammo, and the additional case load/fight (now I had three), and was the mole in whack-a-mole the circus game, once again. I am seriously considering that this IS my purpose in life.

(I hope the previous 3.27.08 entry isn't entirely redundant, in the middle of '05 --I looked and saw some CCPS stuff so I dropped this entry in below it. I need an editor, at least a proofreader.)

3.31.08
I'm not certain, as this is all a work in progress... I'm not sure what exactly I said/wrote [above] about whether or not, on the 2 CCPS applications' criminal history sections (first app was online, second was during substitute orientation), I it was necessary for me to list arrests. I know my lawyer told me it was not, that is: that question is not there on either. CCPS only ask for convictions. My lawyer only told me that after I had figured it out, during the days of despoitions it occured to me and I asked her, to confiorn the thoughts I was having, she did. Now, this much later, I have an even better understanding of why I put down what I did and what I am about to write it how this new understanding occurred to me: Yes, I was checking for the hundredth time that they do not ask for arrests. In doing so, and this happened the other day as well so it took today's second look for it me to come to this. First, let me reiterate that after my LCS experience I wanted to fully forthcoming. I always that I just overdid it. Now I have something that helped me over do it, plus on the Miami issue I never undertood that I was not convicted, i.e., there was no trial... yes there was judge but he said to 20 people at the same time "Credit Time Served" for the weekend jail stay (Saturday, Sunday) and let everyone go, so apparently that means there was no conviction and CCPS listed that as such in several places, e.g.:
From Manlich's depoistion: "These are the screening guidelines that the School District uses for applicants that have, and employees that have criminal backgrounds. Q. Okay. Um, if you could look further down the page, what else does Mr. DeBaun talk about? A. He indicates that Mr. Rogers had provided records from Miami-Dade to him. And Peter's statement was that he presumes that Mr. Rogers was not convicted of the offense or offenses that occurred in Miami-Dade.
This is also in her notes from the GBKA hearing. Their action in denying ke was based on a cumulative denial theory/effect of denial found under 4. J. of their policy (oops, there I go agaiun, talking about 4. J., all lettered paragraphs under 4. are NOT germaine, at 4.: "This policy shall not apply to crimnal charges resulting in acquittal or dismissal the charge." The problem is how do accumulate where each item in that pool is non-problematic? Don't forget they also lied under oath and used eroneously stigmatizing DRUG information from the MILITARY --there's the "effect" right there. Again I say, military - drugs -failure... forget it. I digress...
Here's how I came to gain a betterv undertstanding of my listing arrest and saying YES to conviction. Remember also that in Leon County (LCS) they ask for arrest nd conviction (in fact, I just called them and conformed my memory of that --I surely have those apps somewhere anyway, but they did and they still do today). Ok, here are the two criminal history pages (the included Survey page is apparently their print-out of my online app page has all of my response) from the two separate CCPS applications (note the different dates). I draw your attemntion to the second page of the second app page dated 24 AUG 04, from the substitute orientation. I checked YES, on both apps, because I figured Miami-Dade was a conviction or at peast mighty be, fact is I didn't think about much -I know what happens if you check no! PITA.-- at all SO I CHECKED YES. Below that section --the whole page is one section, it is not divided into sections-- that two sentence paragraph is confusing. I see that NOW. Analytical minded me must have seen the last sentence of that, did not relate it ot the first very specific sentence and thus I started listing arrest accounts that I could remember. Basically, the same type thing/information/forthcomingness --thats really the extent of my thinking in all of this in one word: [be] forthcoming. I had done main application, online application. Between those two I received this application completeion letter, dated 18 AUG 08: "Your application is complete and has been processed by our office." The point I wished to make was to explain thinking further in that today I realize that that second sentence was a simple and brief confirmation that I was doing right. I still dd not know what they wanted there but I assume it was only for convictions if you answered YES. I gues they should of had twop blocks, one for the first sentence response and one for the second. Today they do have but a single online application, from what I gathered, put together myself, at the depositions and unrecorded talk while there is that (single application) is also thanks to me --now I was wrong, a quick phone call, if the info given is correct, they still do an additional Criminal History app/page at the Substitute Orientation, they call the "hand-written" one --confirmed in my call was drug testing of new applicants. So, I am the one who brought them drug testing for new applicants and I am the reason they no longer have any type of hearings (GBKA) --I have not yet confiormed that last item, it is what my lawyer told me.

When I wrote in my app that "I believe FDLE will report some additional charge...", I beieve I was referring to the Felony charge --I was not trying to hide anything, how could I and why on earth would I, no sir. My focus here was to show my Discharges papers and if I was refused use it in court against the Army, so everything else HAS TO BE IN PLACE and ACCOUNTED FOR. However, Debaun is liooking for someth8ng else, some mysterious nonexistent explaination of a Va. Beach 1985 arrest. His depoition responses are inconsistent and false around questions about my FDLE (fingerprint report). He never asked me about what thw questions marks stood for, etc. he never said me, as indicated in their policy that I may have a year to sort these item(s) out. If I were he, I'd of said you have year, let me know, goodbye; if it were me in his job, there are no problems with this applicant. I can accept that someone may not recall Dismissed (never tried) charges from 20 years ago and that there are no records that exist as per statute; the FDLE fingerprint report verifies his never having been "found guilty" using CCPS' definition; he has an Honorable (never upgraded) military discharge.

Debaun says this in his deposition:
A. These are documents Mr. Rogers brought to me, and they indicate letters from the Virginia jurisdiction, and they relate to the second item that was listed on his criminal history sheet.
Q. And were these sufficient documents?
A. No.
Q. Why not?
A. Well, Mr. Rogers' criminal history sheet on his application referred to an incident that occurred in Virginia in 1985, but it was very vague. And this first sheet, the first page of Exhibit 16 is a Commonwealth of Virginia, Virginia Beach General District Court document dated March 1st of '00, and it says it refers to cases that were in 1984. So this really wasn't relevant to what Mr. Rogers indicated on his application to begin with. And the third page is for a different jurisdiction in Virginia, and it's also dated March 1, 2000, andapparently was not requested as a result of my request, but was probably a similar type request at an earlier date, and it asks for court records from 1978 through 1986. But apparently, it was apparent to me, that there was more than one jurisdiction up there, and this was not dispositive either.
--and according to the VA Statute that the court attached there no records kept beyong 10 years --so put in any date you'd like up to 1994! Furthermore, the FDLE report indioacted no VA charge in 1985 occurred (FDLE: Miami is 1985, the two in VA are 1984 --all DISMISSED).

Q. What did he say?
A. Not more current records, but more responsive answers.
Q. Did you explain to him what you meant by responsive answers?
A. I don't recall whether I did or not. If he had asked any questions, I would have answered his questions.
--oh I had questions, see all these letters.
Q. And what were you looking for?
A. I was looking for court records and disposition, as I defined it earlier, that would give me information relating to the second incident he put on his criminal history page of his application.
Q. Do you recall what Mr. Rogers wrote on his application?
A. He listed two incidents, one Miami Dade, date is October 1st, 1985, arresting agency is Miami Dade, nature of the charge is disturbing the peace and disposition is time served. Second one is for where arrested is Virginia Beach, Virginia, with date, arresting agency, nature of charges and dispositions, all apparently unknown and answered with question marks.
Q. Did you ever ask Mr. Rogers about that Virginia Beach arrest?
A. Um, I can't recall how I asked him about that, but I, at some point I heard an explanation, yes.
Q. Did Mr. Rogers ever tell you when that Virginia Beach arrest took place?
A. Well, on the second page of that application is the computer form of that same page. People are given two opportunities to complete that. And he indicated it happened, um, many years ago, January 1st, 1985.
Q. And on page three of Exhibit No. 16, you received that letter from the Office of the Clerk of the Circuit Court?
A. Yes.
Q. What was the disposition of the 1985 arrest?
A. I couldn't tell, based upon the information that I saw in the application and the information he gave me, I couldn't tell.
Q. What did the Office of the Clerk of Courts state?
A. Clerk of Courts for --
Q. Third page of Exhibit No. 16.
A. Yeah. That is for the Circuit Court indicates that there was no criminal case heard with Mr. Rogers' name between the years of 1978 and 1986.

Q. How long did it take you to review these documents?
A. Time-wise, ten or fifteen minutes.
Q. At that point, did you make a determination about --
A. I didn't make a determination until I had had an opportunity to see what has been marked Exhibit 16 and Exhibit 17, and I can't recall whether -- the timing on receiving those records came in.
Q. Was it some time in August of 2004?
A. I am sure it was.
Q. Did you --
A. Well, let me take that back. The application is dated 8-24-04, and that is at the end of August. It may have spilled over into September, but the timing was near 8-24.

No, the main app was 7 AUG 08. He had the FDLE fingerprint results on 24 AUG 08, same day I had then done which was also the same day I filled out the additional Sub orientaion app.

I have to completely reevaluate: Debaun MAY HAVE disqualified me without reviewing the FDLE report (I now he saw because I went his office to copy it). However, in the GBKA (see her depoition quotes above) they had every arrest dispoition and DEbaun himself said there were probelm to hire from the criminal standpiont --that's a fact I swear to and that I beleibe is evidinced, in part, by Manalich's requesting a copy the (1991) judgement aguahst the Army. Why would she want that if my criminal history was already disqualifing? Debaun admits he also used my DD214 to disqualify. Plus, remember Debauin said emphatically that the FDLE report was NEVER done. He also denied repeatedly, that he didn't have an FDLE report at various specific dates: Q. Was this a letter you sent to Robert Rogers, Ted Rogers' brother, indicating reasons for Ted Rogers' disqualification?
A. Yes, I believe this was faxed.
Q. So at this point, on September 10th, 2004, had Mr. Ted Rogers done his FDLE fingerprint report?
A. No.

Q. Did you make a determination regarding his application?
A. Yes.
Q. And what was that determination?
A. I disqualified him from employment with the District.

Debaun never, ever, said: I need to hear these things from you (your mouth), not any report, maybe that's what he wanted, I do not know.

Debaun's position is below (note that he never mentions in his policy definitions for disqulifying people what he doing to me): Q. And what if the applicant did disclose what the applicant could remember, but there still was no record of disposition, what happens in that case?
A. Do you want me to speak as a representative of the School District.
Q. You're a 30 B 6 representative of the School District?
A. Then the applicant is given an opportunity to provide that information, and it's up to them to find it.
Q. What if that information doesn't exist?
A. It exists somewhere. It either exists at the courthouse, at his attorney's office or in his personal records or in his parents records, or at his prior home, the record exists somewhere.
Q. I am asking you, what if a record doesn't exist?
A. I have never seen a case like that where the record doesn't exist.
Q. Is there any situation which would automatically preclude an applicant's hire?
A. Yes.
Q. What situation is that?
A. You are asking from a criminal background basis?
Q. Uh-huh, yes?
A. If they have been convicted of a felony, they won't be considered for employment with the District. And if they have been convicted of any of the crimes designated in 435.04 they won't be -- or if they are convicted of any of the -- if they are a sex offender, they won't be hired. If they are an applicant for a bus driving position, they will automatically be disqualified if they have ever been found guilty -- using our definition of found guilty -- of driving under the influence of alcohol or DUI or DWI in any state, or if they have been found in the possession or use of any illegal drug or controlled substance without prescription. Anybody who has ever been found guilty of selling drugs or trafficking in drugs will not be hired in the District. I mentioned sexual predator and sexual offender.

Etc., etc., etc., read his entire depositions (2) if you wish, use your browsers page search feature on the pages to find, e.g., "Virginia".

NOTE: Is it not apparent that Debaun has disqualified based solely on my own reporting and documenting, without regard to the FDLE report thay he did, in fact, have? That he (as CCPS representative with authority) has, in at least this case, relied solely on the forthcomingness of this applicant? All I had to do was to lie and I would have been hired?! Does the following scenario represent his thinking in at least this case:

Had I checked NO and thereby written nothing (as I did for YES), he would have THEN reviewed a FDLE report and found 3 arrest listings all DISMISSED --NO CONVICTIONS-- and I would have been hired? I did not have to check YES as it ask for CONVICTIONS and I have none; the FDLE report would have varified that (in this scenario of Debaun's); then he would proceeded to the FDLE report where he has when, where and what charge, and disposition... why need court docs? Remember, CCPS CBC plociy at 4., last line, states: "This policy shall not apply to crimnal charges resulting in acquittal or dismissal the charge." I guess I can delete all I have put you through reading in this matter? Nobody ever mention that? Remember 4. J. in 4. J. in Manalich's notes? The only item left and in his letter of disqualification are the DD215, DD215. Are these the expectations of his employer, CCPS?

An applicant should be expected to read minds? It appears that I was expected to be clairvoyant.

Here is my brother Robert's sworn testimony (if you have read all that has gone before on this page, i.e., including linked files, then you know he also wrote a statement in letter form that I asked him to write up before he forgot things, here it is again. (By the way, I knew he was never going there to represent me. Perhaps he thought there was chance. But no one knows this information like I do.) I would like to go into the last set of questions Robert was asked in his deposition; essentially asking if he could cite any law that required CCPS to follow their own publication of policies or give me any type of hearing or redress... (the remainedr of this paragraph has not been fully vetted by me --I will work on it --in order to write on this page about potential solutions... if I am correct....) can name one just off-hand, it's called Due Process of Law. See Rogers v U.S. (1991) for a primer. My opinion is this CCPS is a govermental agency. Due process has been construed to generally protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of "life, liberty, or property" without a fair opportunity to affect the judgment or result. This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials. Noqw, I am stiol researching that as it pertains to CCPS --besides that I have before but cannot specofy now that if you print uo your policies and guidelines you have to follow them and apply them equally, by law-- Due Porcess is the law of the land, its origin if fundamental fairness, embracing those fundamental rights that are "implicit in the concept of ordered liberty" (Palko v Connecticut). Freedom of Contract now anything else will be allowed to oppress the weak (me against CCPS? George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd, Lord Dennin).

As far as Debaun using what applicant's tell him from their memories for disqualifying people, more effort should be made in his part to be clear up front and at the outset. He was at least not fair here. Manalich, who worked for several HR departments and also the Miami District Attorney appears, and I'm sorry, incompetent in these matters --that is the system's fault. they have in place the a Clearance Committee policy that they did not use, a Committee, not one person. Despite what I may have alleged elsewhere she was not a committee of one, she presided (and decided) over the GBKA hearing. GBKA is separate policy from their Clearance Committee policy. Here is Debaun on using the Clearance Committee (read his full deposition for more insteresting items):
Q. What is a clearance committee?
A. A clearance committee is a committee that occasionally I will receive back something that is ambiguous, and I will present it to the clearance committee for their opinion.
Q. Who comprises the clearance committee?
A. Allun Hamblett, who is the Executive Director of Human Resources; Jane Manalich, who is the Director of Non-Certified Staffing; and Debbie Terry, who is the Director of Certified Staffing.
Q. Does the clearance committee meet on a regular basis?
A. No. In fact, the clearance committee doesn't even meet. We don't meet in a room.
Q. Are you part of the clearance committee?
A. No.
Q. Does the clearance committee meet when the need arises?
A. Correct.
Q. If they don't meet, then what do they do?
A. It's submitted to them electronically, through e-mail.
Q. Does the clearance committee provide a written report or --
A. No. Well, they usually just send back a one word answer, yes or no.
Q. Is it your practice to always send the application to the clearance committee, if there is an ambiguity?
A. No.
Q. In what instances would you not send it to the clearance committee?
A. In a case where I want the benefit of the experience and the opinions of the clearance committee.
Q. That you would not?
A. Where I would want that, where I would want the experience and the benefit of the opinions of the clearance committee, I would send it to them.
Q. My question was, let me try to rephrase it, because I don't think you are understanding me. Is there ever, is it your practice that when there is an ambiguity in an application, are there ever times when you would not send it to the clearance committee and keep it yourself?
A. I don't know, I really don't know. That is really a vague question. It would help me to have specific circumstances.

How about the circumstance that was AT HAND where you may be about to vilolate this "sage advice". And I don't even get a committee by email? It is crertainly clear that he thought the DD214/DD215 was ambiguous, he testified that he never saw a DD214 before, and, he called me to hos office, by appointment, in to explain them.

Q. What kind of applications do you see at the clearance committee?
A. What type of applications, I don't understand the question.
Q. Is it mainly applicants with criminal background problems?
A. We don't see the applications as part of the clearance process.
Q. What is in Peter DeBaun's hard copy that he sends you?
A. It would be the information he had obtained from doing the background check.
Q. Would that be the FDLE?
A. Yes.

Use this email link to respond if you wish. I hope readers can tell that I am very interested and welcome any and all commments, questions and points of view. I am interested so that these things are repaired in policy and practice and moreover that do not happen to other individuals.

3.31.08
I have been working to narrow and focus any policy suggestions I may have for CCPS, if they will accept them. Here is a working copy. I believe I need to show through example. I'd like tp present in a way that may show that perhaps some implementation behaviors or any oversight that may already in place is exercised well and properly. The text document linked above represents some of my thought.

4.12.08
I sent this email today to each School Board member and a copy to the newspaper guy I have been talking to.

4.20.08
Well, that last item isn't taking much hold, I heard from two members. Maybe this document (still in draft sections) will help --when I'm finished it (may be a while, but sooner than later for sure).

4.23.08
Looks like CCPS has breached our Settlement Agreement (included in next linked file) but having not destroyed the stigmatizing documents.

4.25.08
I went to the Dr. MLK CCPS Admin. Bldg. today, first time since I applied. I picked a copy of their current CBC Screening Procedure (Criminal Background Check). It has nor aterially changed, however, 4 J has been cleaned up to read clearer. Here is a file with only the two pages for [easy online] comparision purposes, so what you have in the current procedure at 4 J is less, i.e., it does not repeat infornation given at the superlative paragraph 4.

Just to tie off a loose end/thought: I spoke with Chrystal today and she remembered that she assisted me hand copying my fingerprint report pre GBKA --as refrreed to by Ms. Manalich in here repsonse to the EEOC. Chrystal had no record of it, but she recalled specifically what we had done.

I requested a copy of any and all written protocols/procedures/policy regarding "Clearance Committee" procedure. It will be interesting to find this "ambiguity" standard defined. I spoke, today, with Attorney Helwig (of the firm who represented me v. CCPS) and he stated that he will contact the school's attorney regarding this record destruction issue. Tghis wiol be interesting as well, because it is against the law for them to do so for another year.

4.30.08
Today I received this letter from the Patient Advocacy Department of NCH. I have wondered and am finally trying to effect a change in this area: mental patients are punished by "box beds" which have not fitted sheets, thin plastic mattresses, and covered plastic pillows.

If you went to a hospital for any other ailment you'd have a "comfortable" hospital bed. The reasoning presnted in this letter is far from acceptable. If they are concerned about a patient tossing things about, possibly causing harm, then perhaps a heavier standard "normal" mattess in the box? Interestingly, in my intial inquiry I was told the box bed is the handicapped bed. Whether the mattress is attached still isn't of relevance to me, the solution is this:" find a way to manufacture an "unmovable" dignified bed befitting a hospital patient.

5.20.08
I want to say here that all thw above "Q & A" from the depotions ws put here in hopes the newspaper guy might read it and become interested. I need to edut all that out.

I have several better write ups of that same information, here is one of the drafts -- watch out for gaps in that pdf, just keep turning the pages. I am working on this to present suggestions to the School Board. I have a bunch of notes for that document that are not yet included.

I have recently filed this with the Federal Court. Therefore, and while I do not believe that I have to "rest", I am taking a break from assembling and moving forward with the above, but no matter what happens I will finish and deliver it.

6.28.08
Decision from VA DRO (Decision Review Officer, at the [same] Regional level) was received yesterday (Friday): Denied.

Funny, Thursday I called my (VA) lawyer to say I received a letter asking for addtional information -- which he told me to ignore. Today I get a 30 page Statement of the Case with a Form 9 attached, and Reply Needed with Release of Information form and Statement Supporting Claim form. All those files are available in this folder, (I prepared the packets separately and also as one pdf). I sure hope my attorney has received also these and I hope that he is going to do this work; I already have. The VA is saying as they always have, perhaps reworded, this: "The evidence of record does not establish aggravation of this condition during your active duty military service." -- from 'Statement of the Case' at page 30.

I did not expect what happened to me to happen. They had me under critcal scrutiny and in their "program" for 8 months inder threat of "elimination from service." And much more as has already been shown here in detail. How and why, under those degrading conditions, would I seek medical help duting that time? Surely, I thought, it would be used against me. In fact, I was eventually ordered to such a medical exam for precisely that purpose. Read again the Discharge Procedure at Para. 5(a), where he refers my behavior as "pathological." Prior to that, he states (assuming his recommedation for discharge will be approved) that I may seek VA treatment (at "6." in this document, and above "6." at "5." he says I am entitled and must undergo medical examintaion. That examination was not the Discharge Physical nor was it "medical" exam that I ever requested, it was a psychiatric exam (I thought I had that here already -- I'll find it later. It is referenced in several of the VA's denials and responses).

In the list of evidence considered (p1, heading: EVIDENCE), I note now that they have not considered three items: Tallahassee, FL, VA psychiatrist Dr. Alidon's treatment records (I submitted one record from his notes); Ft. Myers,FL, Dr. Karwatowicz specially and specifically written letter (in the form of patient notes) in this very matter; nor have they included my 1984 stay Hampton VAMC mental ward and those notes also submitted; nor the record/notes from (1995) VBCMH Residential Coordinator Sandra Carlson, also submitted. In addition, they make vague mention in this claim's history (they have reviewed in the file linked immediately above, p26, para 2) to my first having made this claim in 1998 and the records from the VA file on me that references same and refers to reques for hearing that was apparently ignored. Of course, I realize that not all of those complaints are evidence to support a claim -- that some are merely complaints that I list only here; although, in this type of claim represent further "aggravation" not of my own doing.

12.8.18
Update: After waiting about 4 years (I'll have to look it up, may have been 3.5 or 4.5 years --longest wait yet), my appeal was denied. There is a one sentence paragraph that says I "earned" (income) <$20,000. in 2003. And that they got this information from FSU. This is FALSE. I made half that. I quickly contacted my lawyer and my Senator: Why can't somebody simply contact the adjudicator with my pay records? I have immediately obtained from the State of Florida Bureau of Payrolls and from the SSA? Why? Why? Why? No, nothing. Now I have waited over another year, and last month my case was "certified" to BVA. Now I will wait at least another year, possibly more years. I've been told that the BVA is more backed-up than ever.

3.24.19
I also wish to add a discussion I had via Secure Messaging (VA site) with the new VA psychiatrist at my local clinic: a toad and apparently a liar. If you are knowingly not forthcoming and pull incorrect medical responses out of your ass: you're not only a self-righteous liar or VERY CONFUSED, but nevertheless a danger to patients. Here are his differing Community Care authorizations (Jan 25, 2018 and Dec 18, 2018), to go with that first descriptive (narrative file) link.

As per Lichi's new F14.94 authorization, let me talk about cocaine induced mood disorder. First, read this Substance Abuse Treatment for Persons With Co-Occurring Disorders. I have been Bipolar Type II probably all of my life, first diagnosed as Depression at 18yo. See Dr Ashman's May 2005 letter. Of course, I have substance (see cocaine/amphetamines) abuse issues. However, Lichi, while he may see the references in my medical history, he has no idea about my previous use or how long I have not used, nor has he any UA's to prove his "provisional diagnosis." My point here is only this one: A psychiatrist who met a prospective patient once only, who at that same time wrote an authorization for F31.0, Biploar, heavily referenced throughout my records, cannot, a year later without seeing the prospective patient ever again, send out such a stigmatizing document; there SHOULD be consequences for these hurtful actions. If he wants to hide behind the word "provisional" with NO OTHER reference (F31.0, Bipolar) in his order, then I have a much more powerful word that he SHOULD have considered: PATIENT.
Here is are a few excerpts from the above 'Substance Abuse Treatment for Persons With Co-Occurring Disorders' link:
1) Some people who have what appear to be substance-induced disorders may turn out to have both a substance-induced disorder and an independent mental disorder. For most people who are addicted to substances, drugs eventually become more important than jobs, friends, family, and even children. These changes in priorities often look, sound, and feel like a personality disorder, but diagnostic clarity regarding personality disorders in general is difficult, and in clients with substance-related disorders the true diagnostic picture might not emerge or reveal itself for weeks or months. Moreover, it is not unusual for the symptoms of a personality disorder to clear with abstinenceÑsometimes even fairly early in recovery. Preexisting mood state, personal expectations, drug dosage, and environmental surroundings all warrant consideration in developing an understanding of how a particular client might experience a substance-induced disorder. Treatment of the substance use disorder and an abstinent period of weeks or months may be required for a definitive diagnosis of an independent, co-occurring mental disorder. As described in chapter 4 on assessment, substance abuse treatment programs and clinical staff can concentrate on screening for mental disorders and determining the severity and acuity of symptoms, along with an understanding of the client's support network and overall life situation. The text box below provides an example of the diagnostic criteria for one substance-induced disorderÑsubstance-induced mood disorders.
I fail to see where Lichi's single interview satisfies these important examinations. Reading a few records of medical history which also contain, including in his own notes from that visit, indicate Bipolar. Again, he did not list Bipolar in his year later authorization, as he did in his first: what changed?
2) Many factors must be examined when making initial diagnostic and treatment decisions. For example, if John Q's psychiatric admissions were 2 or 3 days long, usually with discharges related to leaving against medical advice, decisions about diagnosis and treatment would be different (i.e., it is likely this is a substance-induced suicidal state and referral at discharge should be to a substance abuse treatment agency rather than a mental health center) than if two of his psychiatric admissions were 2 or 3 weeks long with clearly defined manic and psychotic symptoms continuing throughout the course, despite aggressive use of mental health care and medication (this is more likely a person with both bipolar disorder and alcohol dependence who requires integrated treatment for both his severe alcoholism and bipolar disorder).
Similarly, if Mary Doe had become increasingly depressed and withdrawn over the past 3 months, and had for a month experienced disordered sleep, poor concentration, and suicidal thoughts, she would be best diagnosed with major depression with an acute alcohol relapse rather than substance-induced mood disorder secondary to her alcohol relapse.
Indeed, here is what he ought to have done before sending out such a document to person, NOT HIS PATIENT, who long suffered STIGMA. Chapter 4: Assessment, excerpt: 4 Assessment: This chapter consists of three parts: (1) an overview of the basic screening and assessment approach that should be a part of any program for clients with co-occurring disorders (COD); (2) an outline of the 12 steps to an ideal assessment, including some instruments that can be used in assessing COD; and (3) a discussion of key considerations in treatment matching.
Ideally, information needs to be collected continuously, and assessments revised and monitored as the client moves through recovery. A comprehensive assessment as described in the main section of this chapter leads to improved treatment planning, and it is the intent of this chapter to provide a model of optimal process of evaluation for clients with COD and to encourage the field to move toward this ideal. Nonetheless, the panel recognizes that not all agencies and providers have the resources to conduct immediate and thorough screenings. Therefore, the chapter provides a description of the initial screening and the basic or minimal assessment of COD necessary for the initial treatment planning.
A basic assessment covers the key information required for treatment matching and treatment planning. Specifically, the basic assessment offers a structure with which to obtain
Basic demographic and historical information, and identification of established or probable diagnoses and associated impairments General strengths and problem areas Stage of change or stage of treatment for both substance abuse and mental health problems Preliminary determination of the severity of the COD as a guide to final level of care determination.
Note that medical issues (including physical disability and sexually transmitted diseases), cultural issues, gender-specific and sexual orientation issues, and legal issues always must be addressed, whether basic or more comprehensive assessment is performed. The consensus panel assumes that appropriate procedures are in place to address these and other important issues that must be included in treatment planning. However, the focus of this chapter, in keeping with the purpose of this TIP, is on screening and assessment related to COD.

In my opinion, Lichi did this after I reported him for not being truthful. and/or, he simply believes that his "diagnostic powers" are infallible even without proper medical diagnostic procedures. AT THE VERY LEAST HE SHOULD INCLUDED ICD-10 F31.0 -- just as his first one did only indicate. I suggest if Lichi wanted to understand my issues, he start with my stigmatizing, wrongful, illegal, and unconstitutional discharge; which effects are still present after a struggle from 1982 to 2005, AT WHICH TIME: I stopped prosecuting to its full end.
Indeed, I told him about in one of those messages, Feb 21, 2018, after he admonished me to be PROACTIVE. Ludicrous! And I sure told him so in that message. THIS is why he changed his authorization! UNETHICAL, UNPROFESSIONAL, re-stigmatizing, harmful, suicidal ideation inducing, breach of psychiatric protocols.

I PERFECTLY understand that my word choices INDUCE bias and non-belief. If this is you, dear reader, STICK with the facts, and get over your writing/presentation judgements and bias. YES, I am the guy who when something happens and we're looking for "who did it," I am the guy that may talk so much that you THINK, incorrectly, that I DID IT. In fact, after my years of clearing my name and discharge, I became even more that way, almost to point out YOUR biases, weaknesses. You CANNOT conduct a thorough investigation when make prejudgements. Indeed, I am not trying to convince you of anything. I am merely reporting history as it occurred, with documents and proofs included that show my reporting is correct and accurate. --I'll clean out my expressions of anger later.

Now, regarding Lichi and his awful F14.94 without any other coding (COD = Co-Occurring Disorders). Btw, I have been diagnosed with other disorders besides Bipolar, two others, and not "substance induced:, ie, DPD and BPD, but mainly BPD. I implore you research "Bipolar and brain reward system" and "bipolar and substance abuse." I remind you, well, search this page (memoir) for Bipolar. Then look at all the research I've already included, you'll get 20 hits, not all are connected to research links, but very many important studies, articles, etc. This isn't such a link but take a look. --I eventually won that claim, filed in 1998, granted in 2012, iirc, I'll check that exact date later, it was quite a fiasco as VA "lost" my claim after I was waiting for YEARS. I had to resubmit.
IOW: Lichi is OBVIOUSLY a jerk, or just stupid and mean... certainly very confrontational. Most importantly: HE DOES NOT KNOW ME IN ANY REAL MEDICAL WAY.

4.9.19
Here are Lichi's notes from the Oct. 10, 2017 visit. At the top he writes: "Patient was seen today for ... treatment of the following diagnosis/diagnoses and problems: mood ds/substance use ds". Ok hold on there, analysis: These are his notes AFTER seeing me, so it is AFTER that he, upon himself, decides and writes that that is why I am there, seemingly indicating that I have REQUESTED to be there treatment of these issues. First off: I had no substance use issue. Secondly, and more importantly: I was NOT there for treatment, per se. I was there because he was new and I wanted to accomplish two things: 1. outside, Community Care, MH request; 2. To tell him about myself in that either then or possibly upcoming... to feel him out for a Klonopin trial request, which I so planned to in a follow up appointment. As per the email messages, I took the opportunity to describe my problems more concisely in my email to him of Jan. 12, 2018, after he canceled on me for the follow up, here is that message and his reply. As you can see, I had not asked accomplished either of those two objectives, again, I wanted to meet him and feel him out. On the Klonopin front he appeared amicable because the first he said to me after I introduced myself in our meeting, and I had begun saying how I wanted to talk...government issues, my reluctances, etc., he said: "I am just the pill pusher." A rather typical psychiatrist response when you say you want psychotherapy (talk therapy), ie, they say go to a social worker, which indeed he did. And that is when my messages started, because he said two weeks and I wrote him to say there was noting for 6 weeks out and that was too long. You see, I have strategy going there to accomplish my 2 objectives. I did go to the SW, for myself and also to show I followed through so I could more influence success of my objectives, which depended totally upon him AND HIS OPINION OF ME. I did accomplish the first objective, outside care. Now, I broached the second, after he canceled -- which I made that appointment to seek the second. ...Remember, I wanted Klonopin (mainly) to try the Tinnitus "cure." The studies I have show the titration should be done. Indeed, VA sent me to an outside hearing specialist a year prior. I already had VA hearing aids -- no way I'm putting amplifiers inside my ears, not at this stage. When I went to the specialist, I took the Dr's names and studies and sat with him. He heard of the places and the main Dr concerned. I asked/told him before anything else, up front, right away: I will do anything you suggest, BUT in the end if it doesn't help, are you willing to try this (Klonopin method)? I told if he wasn't I wanted to find someone who would that THAT is why I was there. I guess he was not forthcoming and I was a fool for believing that when he scheduled testing, it meant he was amicable to such a trial. Indeed, he was NOT. A total waste of everybody's resources that was. I'm still mad about that, too! Sometimes I want to back there not far away, and ask him why he led me on. Forget it, not a "battle" worth taking. I just think people, especially Drs should be called on their shit, and that was some bullshit.
You start to see the overview of all this? Of course, I wanted to try Klonopin for the sever anxiety I was experiencing as well, quite legitimate ALL OF IT. AND LICHI TELLS ME TO BE PROACTIVE AND TO BE PATIENT! Fuck these people. NOT, to do so fucks me! I know better. Now, however, I am fully aware that this is all the medical care/insurance wise and Medicare Part A, ...I realize I am within these bonds. This is all the help from professionals I'll get with my health. Yes, when he told me that (see previous link) it BURNT. And I could give a shit if he's Veteran. Asshole.
Note in my message that he is replying to how polite I had been.
And THAT, is when I decided to let him know exactly WHO he was talking to (the redacted lines are not "redactions," it's just to cover lines from another unrelated message--I laid files atop each other to get combined messages/pages into one image file; it is not hiding/redacting anything). Me? Proactive? Aww-shucks. Gee, thanks DOCTOR (OF BULLSHIT). If I had not told him enough about the exact nature of my problems, now he was going to hear it. I was going going to let him have both barrels salt-rock. ...And there was a solid month between the early messages to him and this new round, initiated by him -- he doesn't know when to shutup with a MH Vet he does not know or treat. I was going to let it all go --choose a different way, another day. I already was WELL aware these battles aren't worth but only so much advance, I still was hoping to convince him, the NEW guy. Until! he wrote that. And THAT, I am now speculating, is why he wrote the new authorization as F14.94. That and my PROACTIVE persistence when he wrote "PDR" later on.

I await results from this action I have taken. TAH-DAH. whoop-de-doo. SNAFU. FUBAR.

3.24.19
The DSM-5 (2013) has new groupings and criteria. Here is an article posted on Va site. I now refer you back to a related section -- it's all related -- far down in my 3.17.05 entry: its link and narrative, read past that link, there are more related links and discussion after.
STRESS? WHAT STRESS! Seems the theme of these pages.

I record those now, anew, due to my possibly suffering from one of these. My current Dr says I have PTSD. With the changes regarding these diagnoses in DSM-5, it may that I have that or one of this new further specified category: TRAUMA AND STRESSOR-RELATED DISORDERS, in DSM-5 (published 2013). I have an account in here from (1972) Dr Ashman that refers to there being no DSM yet, from a 5.7.05 entry.

4.10.19
So when the dental assistant said to me, "Well, you get it for free." Bring in the Time-Machine if you have it. Set it for the day before I joined the Army and hit Go Back. Once I'm gone you to the top of this page and call it yours. You can have it all back. (As indeed I wrote in that message to Lichi.) "You get it for free." No, I'll take Door #2. Never would I have joined knowing/experiencing what I know and have now. All of it. ...Sounds real patriotic doesn't it? Some other time. It's all starting to crystalize, come together, now.

3.28.19
You know that scene in the film 'The Big Lebowski' when The Dude is in bed with Maude and he says: "Yeah...that was me"? Yeah, Tidewater NORML, that was me. Chris, my wife at the time, heard about a local get together to try to start a NORML Chapter, which in the end did happen and we had lots of events and rallies at Trashmore Park; and, this case wasn't our first involvement with the ACLU. I met with the lawyers originally, too. I carried the phone number for when were harassed, and we were harassed --you can believe that synopsis given in the link IS NOT the way the police behave on the street, ie, they ain't civil. At the first meeting, a few blocks from our apartment, at the Trimper's apartment -- who we had never met. They were from Buffalo, NY. Jack and Karen. There were about 8 including us and them at that get together. This was to discuss interest in contacting NORML and starting Tidewater NORML. At the end of the little meeting, we stayed and I asked the Trimper's why they wanted to do this. Karen went to her bedroom and came holding up Jack Herer's book. She said, holding it up: "This." I asked her where she got it. She said she got it at a local shop. In other words, she got it from me. Jack had fronted me a case of his book, which I donated 2 copies each to the 6 VB libraries and distributed most the rest for sale (I never collected; my intent was to inform and activate) in local shops.

I'm going to call the US Ct. of Federal Claims later today, to inquire about correcting the original 1991 decision. If you've read this site, you know all this, but here is a summary I put together. First page: Oct 6 (all you need to know); second page: Oct 1, "plaintiff's unit" (all you need to know); third page: at "2.", WRONG, not given to anyone but plaintiff as part of program; fourth page: first footnote, 2nd paragraph: "...any and all events...unsupportable of any administrative or disciplinary action. It is as if these events never occurred."; fifth page: 15 years after 1991 decision, I convince ABCMR of this legal error and injustice. Now to get the Court to amend the record -- and/or sue for damages (eg, Leon and Collier County schools).

10.15.19
Terrible news. In preparing to write up a pleading to Claims Court about posterity reading published mistake, I have reviewed my 2005 DD214 and found the Separation code (box 26): JBK. This code means: Involuntary Discharge. This is not fully corrected: still stigmatized; still half-a-loaf.

10.25.19
I have FedEx'd this claim.

2.12.20
!!!!!!!!!!!!! The VA appeal, at BVA, is GRANTED! !!!!!!!!!!!!!
At 4pm, Taylor called! I do not have a copy yet.
Originally filed in Sep. 1998.

[soldier files list]

[contact]

[welcome]