LEGAL ISSUES SPECIFIC TO THE COMMANDER
QUALITY FORCE MANAGEMENT
NONJUDICIAL PUNISHMENT UNDER ARTICLE 15
ADMINISTRATIVE SEPARATION FROM THE AIR FORCE
CRIMINAL AND MILITARY JUSTICE
PERSONNEL ISSUES FOR THE COMMANDER – GENERALLY
PERSONNEL ISSUES FOR THE COMMANDER – MILITARY MEMBERS
PERSONNEL ISSUES FOR THE COMMANDER – FAMILY & NEXT OF KIN
THE AIR FORCE LEGAL ASSISTANCE PROGRAM
CIVIL LAW RIGHTS AND PROTECTIONS OF MILITARY PERSONNEL
CIVIL LAW ISSUES FOR THE COMMANDER
THE AIR FORCE CLAIMS PROGRAM
CONTRACTING ISSUES FOR THE COMMANDER
ETHICS ISSUES
CIVILIAN PERSONNEL & FEDERAL LABOR LAW
ENVIRONMENTAL LAW
INTERNATIONAL AND OPERATIONS LAW

Military CC and Law 2009

Wow … What a week it has been ! We had a super interview with “Successful Veteran” Kelly Perdew and had a lot of great feedback that was posted on our group wall.
Speaking of feedback, we saw some interesting trends and findings from the USVA’s first-ever membership survey that was sent out a few weeks ago and we want to share it with you.
We all know that the employment market is still not good in our country, but we found it to be even worst among our veteran members with 40.6% of those responding indicating they were unemployed.
And while unemployment is still way too high among veterans, there are services and resources that you said you needed to help find employment and success in your careers following the military : professional networking topped the responses in two questions on our survey, with 45.2% of respondents saying that a stronger network would help them achieve business goals, and a whopping 61.3% of respondents saying that networking training and education would help them get to the next level in their careers.

In addition, 38.7% of veterans also stressed ongoing education and training would be key to achieving their goals, while 25.8% said leadership and management education and training would help them in their careers.
When asked what you saw as the biggest challenges you’ve faced after the military, 32.3% of veterans said that relating to civilian co-workers in a professional environment was their biggest issue. Not to be outdone, increasing income also came in at 32.3%. Along the same line, finding a job was the biggest issue after the military for 25.8% of respondents. Both of these statistics correlated to the 40.6% unemployed status.

You can go here now to see all the results from the survey and please feel free to comment : facebook.com/topic.php?uid=126323400723205&topic=249

Although, these numbers may seem a bit gloomy, they are encouraging us to move forward even faster with our mission at the USVA. We heard you loud and clear – we veterans must have our own professional network to educate, support, and connect with each other. We now believe even stronger that what we are doing is important and necessary for our veteran community.
We greatly appreciate everyone’s participation in the survey. Now that we know the challenges and issues you are having, we are putting together a plan to provide you with the information and resources you need to reach your goals. So, keep an eye out in your in box and check the group page daily, as we will be announcing some great things here very soon…

Best of Success,
Hal Fischer
Proud USAF Veteran 87–97

So, the question is how – at one and the same time – we can ensure we give no quarter to terrorism and organized crime, while still advancing the liberties our society is founded upon… The British way cannot be a head-in-the-sand approach that ignores the fact that the world has changed with the advent of terrorism, which aims for civilian casualties on a massive scale and which respects not only no law, but also no recognizable moral framework. Instead, it must be an approach that is prepared to make the difficult decisions to protect our security – not by ignoring the demands of liberty but always at the same time doing everything we can to protect the individual from unfair or arbitrary treatment.

Holzheim, Belgium, 29 January 1945

The fierce drive of C Co 508th Parachute Infantry Division (82nd Airborne Division) quickly overran Holzheim, netting some 80 prisoners, who were placed under a 4-man guard, all that could be spared, while the rest of the understrength unit went about mopping up isolated points of resistance. An enemy patrol, by means of a ruse, succeeded in capturing the guards and freeing the prisoners, and had begun preparations to attack C Co from the rear when 1st Sgt Leonard D. Funk walked around the building and into their midst. He was ordered to surrender by a German officer who pushed a machine pistol into his stomach. Although overwhelmingly outnumbered and facing almost certain death, 1st Sgt Funk, pretending to comply with the order, began slowly to unsling his submachine gun from his shoulder and then, with lightning motion, brought the muzzle into line and riddled the German officer. He turned upon the other Germans, firing and shouting to the other Americans to seize the enemy’s weapons. In the ensuing fight 21 Germans were killed, many wounded, and the remainder captured. 1st Sgt Funk’s bold action and heroic disregard for his own safety were directly responsible for the recapture of a vastly superior enemy force, which, if allowed to remain free, could have taken the widespread units of C Co by surprise and endangered the entire attack plan.

Was 1st Sgt Leonard D. Funk Arrested, Court Marshalled, and Sentenced to Jail ? No he got a well deserved Congressional Medal of Honor.(premeditated killing of 21 enemy soldiers)
(Rank and organization : First Sergeant, US Army, C Co. 508th Parachute Infantry, 82d Airborne Division. Place and date : Holzheim, Belgium, 29 January 1945. (CMH)

Do you want another example of Military Jurisprudence ? Even a better one because Sgt Lopez killed over 100 German Soldiers.

Krinkelt, Belgium, December 17 1944

I will have to correct some things into this citation because War Time Historians were always and still are so wrong.
On his own initiative, Sgt Jose Lopez carried his Browning Cal. 50 heavy machine gun from Company K’s right flank to its left, in order to protect that flank which was in danger of being overrun by advancing enemy infantry supported by tanks (advanced element of the 12. SS Panzerdivision Hitlerjugend). Occupying a shallow hole offering no protection above his waist (the position was located 50 yards behind the his Company Commander (the CC was Lt. Charles B. MacDonald), he cut down a group of 10 Germans. Ignoring enemy fire from an advancing tank, he held his position and cut down 25 more enemy infantry attempting to turn his flank. Glancing to his right, he saw a large number of infantry swarming in from the front. Although dazed and shaken from enemy artillery fire which had crashed into the ground only a few yards away, he realized that his position soon would be outflanked. Again, alone, he carried his machine gun to a position to the right rear of the sector; enemy tanks and infantry were forcing a withdrawal.
Blown over backward by the concussion of enemy fire, he immediately reset his gun and continued his fire. Single-handed he held off the German horde until he was satisfied his company had effected its retirement. Again he loaded his gun on his back and in a hail of small arms fire he ran to a point where a few of his comrades were attempting to set up another defense against the onrushing enemy. He fired from this position until his ammunition was exhausted. Still carrying his gun, he fell back with his small group to Krinkelt. Sgt. Lopez’s gallantry and intrepidity, on seemingly suicidal missions in which he killed at least 100 of the enemy, were almost solely responsible for allowing Company K to avoid being enveloped, to withdraw successfully and to give other forces coming up in support time to build a line which repelled the enemy drive.

Was Sgt Lopez Arrested, Court Marshalled and Sentenced to Jail ? No he got also a well deserved Congressional Medal of Honor. (premeditated killing of more than 100 enemy soldiers)

Rank and organization : Sergeant, US Army, 23d Infantry, 2d Infantry Division. Place and date : Near Krinkelt, Belgium, 17 December 1944. (CMH)

The threat of terrorism – the senseless destruction of innocent lives and property, often times including oneself, beats every imagination. The world must unite to fight this scourge. No nation or person is protected against it. Those who feel so angry to carry out these dastardly acts defeat their own purposes because they end up killing those who may be ready to let the world hear their cases. They actually end up losing everything.

Kim Hatley’s Message

I am on a mission !
I am on a mission to get word out about my husband, (former) Infantry First Sergeant John Hatley who is highly decorated, served 20 years in the US Army, but was sentenced to prison for ‘life’ for allegedly killing four insurgents (enemy combatants) in Baghdad, Iraq at pre-surge, OIF (Operation Iraqi Freedom) 06-08.
This was a 15-month long deployment at one of the most violent periods in the Iraq war, each day riddled with extreme sectarian violence.
This is a case of self-defense, for the ‘detainee catch & release policy’ was yet another flawed policy, that placed our troops in danger and continues to exist to this day.
My husband did everything he could to bring his soldiers back alive. They were all like sons to him.
This deployment resulted in six of my husband’s soldiers getting killed; 2 by small arms fire and 4 by Improvised Explosive Devices (IED).

I am calling my husband a “hero,” and my pledges to keep fighting until he is released from prison. The Army says what these three soldiers did that day in Iraq was murder, pure and simple.

.

Who is Kim Hatley ?

Kim is born on November 11, 1965, in Seoul, South Korea, but this is an estimated birth date since she was dropped off at an orphanage by an unknown soldier with no birth information whatsoever.
Marital status : married nearly thirteen years to John Hatley.
Education : some college courses in general studies at the University of Maryland’s European Division (Schweinfurt, Germany), maintaining a 4.0 average.

Current employment : actively seeking employment while she lives off her small savings, but she remains debt-free.

Past military service
US Army Military Intelligence – MOS (Military Occupational Specialty), she was first 96B Intelligence Analyst, she attended jump school, completed a condensed course in interrogation techniques, excelled in various leadership schools, performed well in Army physical fitness, instructed soldiers of the 82nd Airborne Division at the JFK Special Warfare School Cold War, and later switched to Signals Warfare Intelligence, where she was stationed in Augsburg, Germany.

Kim’s Medals from Her Army Service

- Army Service Ribbon : enlisted personnel are awarded the ribbon after successful completion of their initial MOS producing course. Those officers or enlisted service members that are assigned to a specialty, special skill identifier, or MOS based upon civilian or other service acquired skills are awarded the Army Service Ribbon after completion of four months of honorable, active service.
- Army Lapel Button : this was an Honorable Discharge Pin given to soldiers honorably discharged. They called it a “ruptured duck” because it depicted a somewhat ungainly, potbellied eagle taking flight. There had been a common expression in WWII for anything that took off rapidly – it took off like “a ruptured duck.”
- Marksmanship Badge (Sharpshooter) : proficient at Sharpshooter level marksmanship M-16 rifle.
- Army Good Conduct Medal : the Good Conduct Medal is awarded on a selective basis to a soldier whom while in active military duty set himself/herself apart from his/her comrades by exemplary conduct, efficiency, and fidelity throughout a set time of uninterrupted enlisted active military service.
- Army Commendation Medal : the Army Commendation Medal is awarded to any member, other than general officers of the Armed Forces, that distinguishes himself or herself by heroism, meritorious achievement, or meritorious service that are of a lesser degree than that required for the Bronze Star Medal.
- Parachutist Badge : awarded only after completion of US Army Airborne School.
- Army Achievement Medal : the Army Achievement Medal is awarded to any member of the military of the United States, or to any member of the military of a friendly foreign nation, who on or after 1 August 1981, while performing in any way with the Army in a non-combat field, distinguished himself/herself apart from his/her comrades by meritorious service or achievement of a lesser degree than necessary for award of the Army Commendation Medal.
- Overseas Service Ribbon (1) : the Army Overseas Service ribbon is awarded to all members of the Army, Army National Guard, and Army Reserve in an active Reserve status after successfully completing an overseas tour—as long as there is no campaign medal for the tour for which the award is being given.
- Honorable Discharge in May 1990. Kim served a total of six years in the US Army Intelligence field.

(Comment from Gunter to whom it may concern : have you ever seen a 45 years old babe doing things like this in the middle of a German city? This gives you an idea of that strange bird and puts a question ahead : Can your business or your company afford not to have Kim in it’s Team ? Kim’s email : sorry John but I had to say this that way.)

.

Terrorism and criminality are the enemies of every religion and every civilization. They would not have appeared except for the absence of the principle of tolerance.

.

John E. Hatley

Born in Decatur, Texas in 1968
Proud parents Ann and Darryl Hatley
John has 4 sisters; Gwyn, June, Tammy and Rhonda
Graduated Army basic training in Dec 1989 (Fort Benning, Georgia)
GED, 47 semester hours at Univ of Maryland / 4.0 GPA
Achievements : Henry Caro Leadership Award, Sergeant Audie Murphy Club Member, Order of St. Maurice (Centurion level)

Achievements

Henry Caro Leadership Award: Excellence in Leadership

Sergeant Audie Murphy Club Member : Sergeant Audie Murphy Club is an elite organization of noncommissioned officers (NCOs) who have demonstrated performance and inherent leadership qualities and abilities characterized by those of Sergeant Audie Murphy. Sergeant Audie Murphy is the name of an NCO who, as a squad leader, consistently demonstrated the highest qualities of leadership, professionalism, and regard for the welfare of his soldiers.

Order of St. Maurice (Centurion level): This is awarded by the National Infantry Association and the Chief of Infantry of the United States Army. It is named after Saint Maurice, the leader of the Roman Theban Legion in the 3rd century. The Centurion Level is for middle-level brigade and battalion officers and NCOs and special nominees who have made an outstanding contribution to the infantry.

Awards and Decorations

Bronze Star Medal (2) : Heroism carried out under acts as described, which are of a lesser degree than those awarded of the Silver Star, will justify the award of the Bronze Star Medal.

Meritorious Service Medal (2) : It is awarded to a member of the military of the Armed Forces of the United States for having set him or herself apart from his/her comrades by outstanding non-combat meritorious achievement or service to the United States after 16 January 1969.

Valorous Unit Award : The degree of gallantry, determination, and esprit de corps necessary for the awarding of the Army Valorous Unit Award is of a lesser degree than that necessary to be awarded the Presidential Unit Citation. However, the recipient unit must have been recognized above and beyond other units participating in the same conflict for their actions under hazardous conditions in the achievement of its mission.

Army Commendation Medal (3) : The Army Commendation Medal is awarded to any member, other than General Officers, of the Armed Forces that distinguishes himself or herself by heroism, meritorious achievement or meritorious service which are of a lesser degree than that required for the Bronze Star Medal.

Army Achievement Medal (7) : The Army Achievement Medal is awarded to any member of the military of the United States, or to any member of the military of a friendly foreign nation, who, on or after 1 August 1981, while performing in any way with the Army in a non-combat field, distinguished himself/ herself apart from his/her comrades by meritorious service or achievement of a lesser degree than necessary for award of the Army Commendation Medal.

Ranger Tab : U.S. Army Ranger Training earned only after completing Ranger School.

Combat Infantryman Badge (2) : This is the U.S. Army combat service recognition decoration awarded to soldiers—enlisted men and officers (commissioned and warrant) holding colonel rank or below— who personally fought in active ground combat while an assigned member of either an infantry or a Special Forces unit, of brigade size or smaller, any time after 6 December 1941.

Expert Infantryman Badge : The EIB is presented for completion of a course of testing designed to demonstrate proficiency in infantry skills.

Parachutist Badge : Awarded only after completion of U.S. Army Airborne School.

Air Assault Badge : Awarded only after completion of U.S. Army Air Assault School.

German Marine Schützenschnur Badge (gold) : The German armed forces regulations point out that the Schützenschnur is a decoration for weapons proficiency for enlisted soldiers.

Army Service Ribbon : Enlisted personnel are awarded the ribbon after successful completion of their initial MOS producing course. Those officers or enlisted service members that are assigned to a specialty, special skill identifier, or MOS based upon civilian or other service acquired skills are awarded the Army Service Ribbon after completion of four months of honorable, active service.

Iraq Campaign Medal : The ICM is approved to recognize service members who are serving or have served in the direct support of Iraq.

Global War on Terrorism Expeditionary Medal : Individuals authorized the award of the Global War on Terrorism Service Medal must have been deployed abroad for service in the Global War on Terrorism operations on or after September 11, 2001, and to a future date to be determined.

Global War on Terrorism Service Medal : Individuals authorized the award of the Global War on Terrorism Service Medal must have participated in or served in support of Global War on Terrorism operations outside the designated areas of eligibility (AOE) on or after September 11, 2001 and to a future date to be determined.

Southwest Asia Service Medal w/Bronze Service Stars (2) : The Southwest Asia Service Medal is awarded for service in the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees North latitude and west of 68 degrees East longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.

Saudi Kuwait Liberation Medal (Kuwait) : The Kuwait Liberation Medal was awarded to U.S. Military personnel who participated in Operations Desert Shield and Desert Storm.

Saudi Kuwait Liberation Medal (Saudi) : In order to be awarded the Kuwait Liberation Medal, you must have been a member of the United States Armed Forces and served in support of Operation Desert Storm between 17 January 1991 and 28 February 1991.

National Defense Service Medal (2) : The National Defense Service Medal is awarded for honorable active service as a member of the Armed Forces for any period between :

June 27, 1950, to July 27, 1954 (for service during the Korean War).
January 1, 1961, to August 14, 1974 (for service during the Vietnam War).
August 2, 1990, to November 30, 1995 (for service during the Gulf War).
September 11, 2001, to a date to be announced (for service during the War on Terrorism).

NCO Professional Development Ribbon (3) : When successfully completing a designated Noncommissioned Officer professional development course, the service member is awarded the Noncommissioned Officer’s Professional Development Ribbon.

A numeral is attached to the ribbon to show completion of specific levels of subsequent courses. Primary level course is signified by the basic ribbon; basic level course with the number 2; advanced level course with number 3; and senior level course (Sergeants Major Academy) with number 4.

Korean Defense Service Medal : A member of the U.S. Armed Forces earned the Korean Service medal if he or she participated in combat or served with a combat or service unit within the territorial limits of Korea or in water immediately adjacent for 30 consecutive or 60 nonconsecutive days anytime between 27 June 1950, and 27 July 1954.

Armed Forces Expeditionary Medal : The Armed Forces Expeditionary Medal is awarded to members of the Armed Forces who, after 1 July 1958, participate in specified United States operations or those in direct support of the United Nations or friendly foreign nations in which it is the opinion of the Joint Chiefs of Staff (JCS) that significant numbers of personnel are placed in a position where hostile action by foreign armed forces is imminent even if it should not materialize.

Army Good Conduct Medal (5) : Good Conduct Medal is awarded on a selective basis to a soldier who sets himself/herself apart from his/her comrades by exemplary conduct, efficiency, and fidelity throughout a set time of uninterrupted enlisted active military service.

Overseas Service Ribbon (5) : The Army Overseas Service ribbon is awarded to all members of the Army, Army National Guard, and Army Reserve in an active Reserve status after successfully completing an overseas tour as long as there is no campaign medal for the tour for which the award is being given.

Kosovo Service Medal : The Kosovo Campaign Medal is authorized to members of the military service members who took part in or assisted in direct support of one or more of the Kosovo Operation(s) :

ALLIED FORCE (24 Mar through Jun 1999)
JOINT GUARDIAN (11 Jun 1999 through To Be Determined)
ALLIED HARBOUR (4 Apr through 1 Sep 1999)
SUSTAIN HOPE/SHINING HOPE (4 Apr through 10 Jul 1999)
NOBLE ANVIL (24 Apr through 20 Jul 1999)

Or the following Kosovo TASK FORCE(S) :
HAWK (5 Apr through 24 Jun 1999)
SABER (31 Mar through 8 Jul 1999)
HUNTER (1 Apr through 1 Nov 1999)

NATO Medal (2) : The NATO Medal has been approved for US Armed Service members who serve under NATO Command or operational control in direct support of NATO operations in the former Republic of Yugoslavia, or as determined by Supreme Allied Commander, Europe (SACEUR), from 1 July 1992 through a future date to be determined.

Overseas Bars (5) (Combat stripes) : Tours served overseas/5 combat zones

Marksmanship Badge (expert) : Expert marksmanship with M16-A1 rifle.

(Note : The unit 1-18 Infantry has been redesignated as 1-2 IN, 172nd BCT.)

Overseas Deployments / Assignments

- 1990
Feb 101st Airborne Div Fort Campbell (Also 1st deployment to 1st Iraq war / Operation Desert Storm/Shield Iraq)
- 1992
Panama
- 1993
Camp Hovey, Korea 1-5 Cav
- 1995
Fort Hood, Texas 1-5 Cav
- 1997
(then deployed 6 months to Bosnia / Operation Joint Forge Bosnia)
- 2000
Germany B.Co. 1-18 IN ((This unit, B. Co. 1-18 Infantry has now been redesignated as : 172nd Brigade Combat Team, 1st INF Divison))
- 2001
(then deployed to Kosovo for 6 months / Operation Joint Guardian II Kosovo)
- 2003
Germany 1st IN Division G-3 Master Gunner
- 2004
Germany 1st IN Div (served as a Sergeant Major slot for Division G-3) (Then deployed to Operation Iraqi FreedomII – Tikrit, Iraq)
(While deployed to Tikrit, 6 months later took over A. Co. 1-18 while deployed to Tikrit, Iraq.)
- 2006/2008
Still the A.Co. 1-18 IN First Sergeant – (then deployed to Baghdad, Iraq for a total of 15 months)
- 2008 USAG (United States Army Garrison) Schweinfurt, Germany. Housing NCOIC (John was placed in this temporary position until the trial date approached. He immediately gained respect and admiration for his leadership abilities, strong work ethic and contagious attitude in a very unique, if not temporary position working along side civilians.)

Stateside assignments

Fort Campbell, Kentucky 101st Airborne Division
Fort Hood, Texas 1-5 Cav

John E. Hatley Family

Wife : Kim Hatley 44 (Army Veteran)
US Army Intelligence Spec-4 (6 years)
Kim currently resides in Texas
Son : Nick Hatley 20
Lance Corporal, US Marines, Cobra Attack Helicopter Mechanic
Plane Captain Level

1SG Todd Carlsrud

Almost nightly in Baghdad we conducted raids to arrest murders, IED cells, and snipers with an extremely high rate of success. We would spend weeks building target packets on these individuals, some with multiple eyewitness statements.
Task Force 1-18 arrested 837 detainees during OIF 06-08. After the raid, the patrol would secure the detainees and all evidence, and transport the detainees to the DHAA. Once at the DHAA, the frustrations began. The DHAA would not initially take detainees, during the Surge. The detention facilities did not have a fraction of the capacity to hold the higher amounts of detainees that resulted from the Surge.
Our battalion would have to assist by fighting the bureaucracy to get the detainees into the DHAA. Beyond the target packages that were with the detainees, the DHAA would require writing more sworn statements on how each individual was detained no matter if you turned in one detainee or twenty. In total, you would spend three to six hours on a raid and then eight hours at the DHAA. Two to three days after detainment the DHAA would call saying that they had lost evidence, the unit had not turned in evidence or the Interrogator had spoken with the suspect and found him to be a good upstanding Iraqi citizen.
In these instances, Battalion would fight with the DHAA to hold these detainees with the signed DHAA evidence forms and the chain of custody paperwork. The Battalion would resubmit all the paperwork multiple times to keep the detainees in custody. However, when the DHAA said the detainees had to be released, the DHAA would notify the unit to release the detainee. The detaining unit was required to go out on patrol to pick the detainee up and return him to his home.

I detained sixteen individuals in connection with an IED cell attacking logistical patrols on Route Jackson in Southern Baghdad. During the two weeks that the sixteen detainees were being held, all IEDS on Route Jackson stopped. The DHAA interrogators called Battalion and said all sixteen detainees were “upstanding citizens of the community” and were released. Three days after their release, an FA Battalion Commander lost both of his legs to an IED on Route Jackson, the same area where the sixteen detainees operated. This was a daily fight in Southern Baghdad.

How do you fight the situation of getting shot and blown up on a daily basis and then be forced to release the man who killed one of your soldiers? You try to do the right thing and arrest the individuals responsible for these attacks, knowing they will kill another soldier tomorrow. How do you combat that threat?

During OIF 6-8, A, 1-18IN was responsible for an area previously patrolled by six companies. This area was made up of over 1 million Iraqi (1.000.000) and was the second most violent sector of Baghdad at that time (pre-surge).
It was the most violent area patrolled by 1-18IN.
This sector (West Rasheed) experienced extreme sectarian violence. Attacks on American Soldiers were among the highest the war had seen, as well as attacks on fellow Iraqi’s. Several Iraqi’s being detained by US Soldiers were subsequently released, only to be detained again after engaging Soldiers again. The reasons these Iraqi’s were originally released are many and complicated.

The frustration levels, stress levels and exhaustion of our Soldiers, especially A, 1-18IN was high pre-surge. Many Soldiers patrolled the streets of West Rasheed daily, coming under attack by small arms fire or IEDs each day.
Most Soldiers averaged 4-6 hours of sleep each night. First Sergeant Hatley averaged less.
John and two other soldiers (SGT Michael Leahy and SFC Joseph Mayo) were charged with murdering 4 Iraqi detainees on one of these missions at the end of March 2007.
SGT Leahy and MSG John Hatley were found guilty of premeditated murder and conspiracy to commit murder, contrary to their pleas of Not Guilty to all charges. SFC Mayo pled, and was found, guilty of premeditated murder and conspiracy to commit murder.
The four men these Soldiers were convicted of murdering were never identified by name, nor were their bodies found. There was also no ballistics or forensic evidence found to support the men were killed.

John E. Hatley – Who’s that Guy ?

In January 2004 I received orders for Schweinfurt and was assigned to the 1-18 Infantry. I remained with the 1-18 through December 2007 until a PCS move to the Chaplain Advanced Course in Fort Jackson, SC. In June 2008 I was assigned to the 4/160th SOAR (A) and currently serve as their battalion chaplain. Many will tell you that M/Sgt Hatley is the best leader they have ever seen.

It is true that I have never seen anyone equal John Hatley’s ability to rally his soldiers at critical moments over and over again. I have only see one other leader (Col Jeff Sinclair) be able to build and maintain the dignity of individual soldiers regardless of rank.
My combat experience is limited to 28 months in various theaters, but I can say with confidence that few have led in conditions as demanding as M/Sgt Hatley’s during the Spring of 2007 and none took on a sense of ownership and responsibility for his men and the mission like he did.
During the Spring of 2007, the overwhelming desire for us was to get to the root of the problem, which at times looked impossible. 2nd Platoon A.Co. and Headquarters were relentless in their patrols in order to stay ahead of the violence and M/Sgt Hatley was the engine that kept pushing forward. The more we as a Battalion pushed forward to solve the problems, the more complex they appeared to be. Trying to distinguish the enemy from the civilians and tribe from tribe was only scratching the surface. To complicate matters, frustration towards the Iraqis and even anger developed, especially when we were laughed at in the streets after deadly IED explosions … Many of those in various levels of leadership were unsure of what to do, some were reaching exhaustion and simply out of ideas. M/Sgt Hatley was one of the few who tirelessly worked to solve the problems.

I remember he worked for days trying to find a sniper in one of the neighborhoods that had shot and killed at least three Iraqi females. It is known he was successful in finding the sniper or the one who killed a 14 year old boy he tried to save. But, he constantly tried and it is no surprise to me that he happened to be the only one in our Battalion who managed to find this group with sniper equipment. I believe this was possible because he was willing to work with the Iraqis and get to know them, which I believe has some bearing on the current case.

One of the reasons problem solving was so hard was because during the Spring of 2007 we received very little credible intelligence from local Iraqi citizens who were fearful for their own lives. On the night the detainees were shot, it is my understanding that an Iraqi was willing to step forward and point out where the dangerous men were in his neighborhood. Quite remarkable considering he was risking his life. The dilemma of those individuals potentially making it back onto the streets then becomes complicated. I understand that it isn’t easy to look back 2 years after the fact and make sense of what M/Sgt Hatley did, nor do I condone it, but my point is that M/Sgt Hatley was faced with competing emotions and realities.

If the detainees were released by the detention center, others would die or be hurt. Perhaps you have read 1Sgt Todd Carlsrud’s letter that he sent to you ? The detainees who were released as “upstanding citizens” from C.Co’s sector, began their attacks again and succeeded in blowing the legs off of a Lieutenant Colonel. This is exactly what M/Sgt Hatley could not bear to see happen any longer and was desperately trying to avoid. Even though John had lost confidence in the detainee system during the moments when the detainees were shot, it is important to understand that this was not a categorical rejection of our Army values or system.

During a raid conducted towards the end of the Summer, an insurgent tried to shoot SFC Wnuck in the back of the head. Thankfully, SFC Wnuck heard the click of the pistol and reacted only allowing the bullet to cut across the fingers of his hand. As I understand ROE, the soldiers would have been justified killing that insurgent in self defense, but since it was at the close of a raid, he was restrained, the weapon removed and he was detained. M/Sgt Hatley was the primary mover in that situation which ensured that the insurgent would be spared for the legal system. I think this event demonstrates that M/Sgt Hatley in spite of clouded judgment earlier in the deployment, did not maintain a cavalier attitude towards the Iraqis, but had regard for the lives of Iraqis and the legal process in place. Finally, in a conversation with me late in the deployment, he revealed that he had been in a lot of contact with the enemy over the course of his career. He was tired, not proud. It was a notable conversation to me, because it signified that he needed a change and twice he turned down the Command Sergeant’s Major Academy.

Seth H. George CPT,
US Army Battalion Chaplain

John is a peer, mentor, and friend. In writing this letter I hope to shed some light on John’s character, beliefs, and the code he lived by as a soldier and leader. Leaders in the Army make the statement that they care more about their soldiers than themselves, but John lived by that code on a daily basis. John is the type of man who would make the ultimate sacrifice for any one of his soldiers.
John risked his life countless times to protect his soldiers without regard for his own personal safety or life. I have followed John into battle along with numerous other soldiers and would proudly follow him again. John cared for each and every soldier in his company more than he cared for himself.

M/Sgt Hatley and I have been together for sixteen years. We first met in Fort Hood, Texas in 1992 as squad leaders in 1-5 Cav. He was in Alpha Company and I was in Bravo Company. With both companies side by side we grew to know each other rather well. During that time, I learned of John’s drive to better himself and his soldiers. An example of this was when John attempted to be an Audie Murphy board member making it all the way to the Division board, to be told that he was not yet ready. John was upset because he felt like he had failed himself, his men, and his unit.
John soon picked himself up and after three additional attempts, he finally passed the Corps Audie Murphy board. John completed Ranger school in 1997 and Master Gunner School in 1998. He felt that if he was going to become a Platoon Sergeant, he needed to be proficient in all aspects of being an Infantryman.
John completed the Army’s most renowned schools to better himself and more importantly the men he would lead into combat.

In October 2001, I was stationed with John once again in 1-18 Infantry Battalion in Schweinfurt, Germany. John was a Platoon Sergeant in Bravo Company and I was a Squad leader in Alpha Company. I had an upcoming SFC promotion board and I was trying to get a senior NCO to assist me with the preparation of my promotion packet.
SFC Hatley approached me and asked me what issues I was having with my promotion packet. I explained to John that I had several questions about my promotion packet and couldn’t find a senior NCO to assist me. John told me to give him my promotion packet and come to his office the next day. When I arrived, he had reviewed my promotion packet and highlighted the areas that I needed to fix. John went above and beyond to assist me with my promotion packet to ensure I passed the SFC promotion board, which allowed me to be assigned as 2nd Platoon Sergeant in Alpha Company.
Senior Noncommissioned Officers in the Army, like John, were instrumental in developing my military career as well as my leadership qualities.

In May of 2004, M/Sgt Hatley moved to Alpha Company, 1-18 Infantry Battalion leaving the Division Master Gunner position and took over as 1Sgt.
The moment John took over the company, morale and motivation increased dramatically. As a former soldier who served in 1Sgt Hatley’s company, myself and many others wanted to be a better soldier because of John. 1Sgt Hatley turned Alpha Company into the best company in 1-18 Infantry Battalion. 1Sgt Hatley lived by a code that stated if you led from the front, soldiers would follow.
I personally patrolled with John on numerous occasions and he was always the first man into battle and the last man out. When a raid had to be conducted and the threat was high, John was there leading the assault team into the building.

On one occasion in Baghdad, a soldier found a suspected vehicle filled with explosives. John told the soldier to move away as he and I cleared the vehicle. The vehicle was in fact filled with explosives and RPG’s, but in John’s mind all he cared about was protecting his men.
John thought of his soldiers as sons and brothers. John understood the fact that soldiers sometimes get hurt or killed in battle. He would take the responsibility upon himself to take care of the dangerous situations to better protect his soldiers.

In Jan 2007, John again came to my aid. I was a SFC and I was hoping to get a job as an Infantry company First Sergeant. I was getting a little disgruntled with my job on staff and badly wanted to go back to a line company. John understood my frustrations and felt that I deserved to be a company First Sergeant of a line company. John approached the Battalion Command Sergeant Major on numerous occasions trying to help me obtain a First Sergeant position. John told the CSM that he already had three years of First Sergeant time and would be willing to pass me his company, if that is what it took to give me an opportunity.

With John’s help, on 12 January 2007, I was given a First Sergeant position in Charlie Company where I continue to serve today. With the new job came many questions but John made it easy. John’s door was always open to give advice and encouragement. John bent over backwards to ensure my success, again putting others before himself.
It is my personal belief that I understand, more than others in the Army, why John felt like he had to do what he did that day. I enlisted into the Army in July 1986 as an Infantryman. I have seen combat operations in Operation Desert Storm/Shield; two Intrinsic Actions rotations in Kuwait; Kosovo; Operation Iraq Freedom; OIF 2 in Tikrit, OIF 06-08 in Baghdad, Iraq, and now presently serving OIF 08-10 at Fob Endeavor, an Najaf, Iraq.

Life as a First Sergeant was challenging in Baghdad during OIF 06-08, although I had seen combat before, nothing can compare to the combat we experienced in Baghdad. It was guaranteed that within minutes of driving out the gate of FOB Falcon into Southern Baghdad, you would be engaged either by small arms fire (SAF), Improvised Explosive Devices (IED), or Explosively Formed Projectiles (EFP).
Southern Baghdad was a sectarian battle zone, which meant you were guaranteed to find dead bodies from the previous night. Some days, I had found up to ten bodies in a single patrol. Some of the corpses were tortured and mutilated in unspeakable ways. The bodies were left in piles of trash, floating in canals, or simply left in the middle of the street, often times with dogs chewing on them.
We were required to always stop, secure the area, and police up the bodies into big blue colored body bags that looked like hefty trash bags. There was daily interaction with death in Southern Baghdad.

After securing a body you had two choices to make. First, you could wait on the Iraqi Police to come, which could take hours, which meant you would be receiving RPG and small arms fire throughout the process.
Second, you could load the bloated, putrid body into your vehicle and take it to the nearest Iraqi Police checkpoint.
The Iraqis changed their tactics and started rigging the bodies with explosives or em-placed an IED nearby to hit us as we got out picking up the bodies.

After six months of policing up bodies and being attacked, we turned over the responsibility to the Iraqi Police. The police didn’t seem to care about the bodies. On one occasion, they left a body lying on the street for three weeks. The Iraqi Police drove by the body every day and never picked it up to take it to the morgue. My soldiers asked me how a human being could do that to another and behave like animals. To this day, I still do not know how to answer that question.

Almost nightly in Baghdad we conducted raids to arrest murders, IED cells, and snipers with an extremely high rate of success. We would spend weeks building target packets on these individuals, some with multiple eyewitness statements.
Task Force 1-18 arrested 837 detainees during OIF 06-08. After the raid, the patrol would secure the detainees and all evidence, and transport the detainees to the DHAA.
Once at the DHAA, the frustrations began.

The DHAA would not initially take detainees, during the Surge. The detention facilities did not have a fraction of the capacity to hold the higher amounts of detainees that resulted from the Surge. Our battalion would have to assist by fighting the bureaucracy to get the detainees into the DHAA.
Beyond the target packages that were with the detainees, the DHAA would require writing more sworn statements on how each individual was detained no matter if you turned in one detainee or twenty.
In total, you would spend three to six hours on a raid and then eight hours at the DHAA.

Two to three days after detainment the DHAA would call saying that they had lost evidence, the unit had not turned in evidence or the Interrogator had spoken with the suspect and found him to be a good upstanding Iraqi citizen. In these instances, Battalion would fight with the DHAA to hold these detainees with the signed DHAA evidence forms and the chain of custody paperwork. The Battalion would resubmit all the paperwork multiple times to keep the detainees in custody.
However, when the DHAA said the detainees had to be released, the DHAA would notify the unit to release the detainee. The detaining unit was required to go out on patrol to pick the detainee up and return him to his home. I detained sixteen individuals in connection with an IED cell attacking logistical patrols on Route Jackson in Southern Baghdad. During the two weeks that the sixteen detainees were being held, all IEDS on Route Jackson stopped. The DHAA interrogators called Battalion and said all sixteen detainees were “upstanding citizens of the community” and were released.

Three days after their release, an FA Battalion Commander lost both of his legs to an IED on Route Jackson, the same area where the sixteen detainees operated. This was a daily fight in Southern Baghdad.
How do you fight the situation of getting shot and blown up on a daily basis and then be forced to release the man who killed one of your soldiers ?

You try to do the right thing and arrest the individuals responsible for these attacks, knowing they will kill another soldier tomorrow. How do you combat that threat ?

On 6 August 2007, SPC Christopher Neiberger my gunner, soldier, and friend was killed by a seven array EFP. We had been out that morning trying to assist the Iraqi people with an issue at a gas station. Insurgents were using the gas station to extort money and kidnap Sunni Iraqis. As we left the gas station, our payback for trying to help them fix their problem, was an EFP on the side of the road. The insurgents were assisted by the Iraqi Police in the attack. As we moved a few hundred meters from the gas station my vehicle was hit, my medic was wounded, and Chris was killed.
The EFP slug pierced the turret of the vehicle, killing him instantly. Chris fell onto my soldier with his brain fluid running down on me. All I could think about was how the same people we helped every day could kill my soldiers.
Later, my thoughts changed and I wondered what I would do if I caught the people responsible for the attack. Would I kill them to avenge my soldier’s or death or would I arrest him and take him to the DHAA, where he would most likely be released. I never caught the people responsible for the attack, so I guess I will never know.

Upon returning to Germany, the Battalion invited the families who lost sons and husbands to help build a bond and assist the soldiers’ families with finding closure for their losses. Through various contributions, we raised enough money to have each family flown over for the events. Some of the families were poor and did not have enough money for hotel rooms and other personal expenses. Once again, John stepped forward to help the families of the fallen soldiers. John provided each family with several hundred dollars and daily transportation out of his own pocket, to ensure the families were cared for. On two occasions, John and I buried soldiers on the same day.

We stood side by side in the small base chapel on FOB Falcon, Iraq. We took turns conducting the final roll calls for our fallen soldiers. I remember John telling me, “all you can do is be with your soldiers, protect them as much as possible, be their leader, friend, and continue to soldier on because that is what we do.”
In the end, John and I buried eight soldiers each during OIF 06-08, a total of 23 were killed within the Battalion, more than 150 were wounded and some still carrying shrapnel with them today.
Task Force 1-18 soldiers were killed and wounded daily during the OIF 06-08 deployment in Baghdad. When I received the e-mail requesting I come back for the trial, I thought to myself, how can I do this while I am in the middle of moving 164 men across Iraq and establishing a new FOB outside of Najaf. Afterwards, I realized that I had to come back for the trial. I owed it to John for all of the help and support he had given me over the years. I know John would have come back for me if I needed him.

As I traveled back, I found one general theme; People were in shock that an American soldier could kill someone. I realized at that moment that most soldiers were not in combat arms. I realized that no one could possibly understand how that could happen unless they were there and experienced what John and I had experienced.
In 22 years, I have learned that there is a completely different mindset between Infantryman and other occupations within the Army.
While other soldiers move away from a fire fight, Infantrymen move towards the fight in order to close with and destroy the enemy. I mention this because during John’s trial I noticed that the majority of the jury was made up of John’s peers who shared the same rank but not peers who shared the combat experience.

What John did that day was not for self benefit or out of fear for his own life; it was for the love he had for his men. When we returned from Baghdad, all John wanted to do was retire, return to East Texas and become a physician’s assistant. Again, John wanted to help others because that is what John Hatley does.

Todd A. Carlsrud 1SG,
USA C Co 1-2 IN

What Happened ?

I am currently serving a second tour, now in Dyala, so you will have to excuse the lack of signature. With the over abundance of letters being sent to you concerning these sentences I realize you may not have read my last letter with much attention. If not, I encourage you to do so and I will try to summarize the key factors of our disposition in this letter.

I was the driver of the Bradley that led our patrol to the alleged execution of the four militants we had detained earlier that day. I feel that my role in the events should be reason enough for you to pay particular attention to my letters but I would like you to also understand that as brothers in arms the members of the Wolfpack knew each other considerably well. I had the privilege of working alongside this outstanding leader and he has given me the skills and mindset a soldier needs to remain combat effective in even the most unfortunate circumstances.
I can attest to 1Sgt Hatley’s character just by writing a few short paragraphs about my time serving with him but I would first like to refresh some of the most important aspects of this case and my previous letter.

(1) The men that were killed were enemy combatants, not innocent civilians. Our patrol was engaged with small arms fire from the west side of a street in Shurta by a group of combatants that were positively identified by numerous members of our patrol including my Bradley Commander Sgt Evoy and his gunner Cpl Hupp. The identified enemy combatants were detained outside of a building one street to the west from where we were engaged. The building they were detained at was the site of a cache of weapons that included AK47s and sniper rifles with ammunition – both weapons were commonly used in attacks on coalition forces in our area.

(2) The rules of engagement and guidelines on detainee treatment were and still are in need of adjustment to allow our soldiers the necessary means to combat an insurgency. Insurgents typically hide behind our justice system. Our laws are our strength in our peaceful nation but continue to be our weakness while fighting in a war torn nation against guerrillas who not only disregard our laws but educate themselves on how to get around them. The rules of engagement currently in place are meant for conventional warfare. In our nation’s recent military history there has become a marked separation between conventional and guerrilla warfare. The Global War on Terrorism is a counterinsurgency and should be treated as such. The Detainee Holding Area was letting insurgents free due to a lack of evidence. Even positive tests for explosive along with weapons found within the vicinity of combatants were not enough to hold detainees when they were not physically caught in the act. This means that the same men were constantly in question and bettering their evasion and engagement techniques. The men that were shot that night fell into this category. It is just as important to understand the reasons why our fellow soldiers chose to take these enemy combatants out of the fight as it is to understand the characters of the men who chose to do it.

I believe that when the public understands the thought process that led to this decision they will also understand that the lives taken that night were not taken in any way that should render a punishment to a soldier in a time of war. At first glance, 1Sgt Hatley seemed to be rather rough until you got to know or work for him. In very little time, one could recognize his open mind and strong heart. He always made sure that the men of his company were accepted by one another regardless of beliefs or hobbies. He required his men to do the job given to them beyond expectations and to be strong enough (physically, mentally, and emotionally) to stand up for what they believed in. It did not matter how socially awkward some of us were or that one or two of us never learned to throw a baseball. He did not hold grudges based on previous administrative action that soldiers may have had on them. If a soldier worked hard for him and stayed true to his brothers while he was in 1Sgt Hatley’s formation then that soldier had a place under 1Sgt Hatley’s care and the care of every soldier who was in his company.

There was no question about whose company I wanted to be a part of during my time with the 1st battalion 18th Infantry Regiment. The Wolfpack had a knack for creating an outstanding performance when given little to work with. We were also well known for following the “work hard, play harder” rule and easily laughed away the stress of rigorous training and long days spent in combat. The source of many of our stress release techniques, whether it was a game of football or just a few good jokes, was often times 1Sgt Hatley. Even more importantly is the care that was given to you from his peers and superiors.

The men that 1Sgt Hatley followed seemed to have a deep respect for him. CSM Choudri once told me that although 1Sgt Hatley was one of his subordinates, he would often times adjust himself in ways that would mimic 1Sgt Hatley’s leadership. I think it is important to learn from and have the support of both those above your rank and those below. Equally, the same could be said about his peers.

Recently, a few of us have had a difficult time adjusting to new leadership and when the opportunity has arisen to change companies, “John’s boys” have been hot on the market. There are a couple 1Sgt’s that have said they would be glad to take one of “John’s boys”. The reach of 1Sgt Hatley and the Wolfpack’s care went much further then the soldiers of our battalion. Everyone in West Rashid knew who the men of the Wolfpack were, though they seldom saw our faces. As the main fighting force in a large and busy urban war, our time on the FOB was often times just long enough for a nap and a sandwich to go. But somehow, in between all the combat patrols – and sometimes even logistical movements – we found a way to help whoever needed it.
Units called on us to lighten their guard schedule on our time off and so we did. Soft units needed our Bradleys and their crewmen to help even the fight against fast moving insurgents with mortars and RPG’s. In between patrols, we gave our assistance. New troops coming in with the famed “Surge” needed outposts to base their operations from. So we built and guarded them in between our regular patrols. We were a constant unofficial QRF for any patrol who detained more than three people and needed the Bradleys to help move them. We supported patrols when they were overwhelmed by complex attacks while traveling through our sector.

If anything happened in our sector, 1Sgt Hatley had his hands out to help and the Wolfpack came with him. It sometimes angered me that so much was required of us until I finally understood that 1Sgt Hatley was not offering his help to please anybody. Nor was he trying to beef up his stats. He understood the responsibility of having the men that he helped form. We were capable of anything and ready for everything and that meant lending our hand to anybody who needed it.
The Wolfpack followed him because we saw how true he was to everyone he came in contact with. We wanted to be warriors fighting for an overall good instead of soldiers fighting blindly. We followed him into battle because we chose to follow his strong heart. Even in the military, we are not forced to follow our superiors whole heartedly. When we do not agree with who is leading us we can hide from them. We can choose not to work as hard. We can pretend not to be intelligent enough to handle a task.

The Wolfpack was not made of soldiers who hid from 1Sgt Hatley. It was made of soldiers who chose to give him their service. We all wanted to work for him because time after time he proved his honor, loyalty, integrity, competency, and proficiency.
During his trial I was worried that he may be angry at me for the truth I was forced to tell. I should have known better. Even after some of my testimony was used by the prosecution, he has opened his heart to forgive me simply because he would rather one of his boys tell the truth.
He displayed the tremendous amount of character within him by a wink and a handshake. While standing outside the courtroom during a recess from the opening arguments, he wanted to know how my mother and I were doing. In the military, good leaders are often marked by their ability to follow the influence and rules set by those above them. In life, great leaders are born with an instinctive knowledge of when to lead their followers through a necessary change of the normal. If we are good military leaders we will accept John’s conviction and sentence. We will let him live out his days in a prison because he clearly violated the rules that govern our Army. We can, however, choose to be great people and support John’s decision to do what the rules of conventional warfare do not let us do as soldiers in a conventional army. We can help change the rules to allow our soldiers the flexibility to adapt to our growing number of ruthless guerrilla enemies in the same way our patrol did that night. It is imperative that we learn to trust the strong minds and hearts of the warriors our great nation is generating.

Being a part of this whole situation has made me question the future of our nation. It is not easy to watch your brothers lose their lives in combat. It is even harder to watch your brothers lose their lives during their dwell time for taking necessary action to protect themselves during war.

Three of the best infantry soldiers to have ever pounded boots in this war are now the most decorated privates in the army. Having known these men personally, I trust that their decision was a necessary adjustment to the rules in place that have long needed adjustment. Who better to understand how to change the rules than those who have spent their adult lives following them? As I did in my last letter addressed to you for Leahy’s clemency, I urge you to have the highest amount of mercy on 1Sgt Hatley as your rank can allow. Although I am pleased that Leahy and Mayo will be given the chance for parole in 6 years, I am disappointed that their integrity is still in question. It is my understanding that there is yet another appeals process and I intend to be a part of it.

If you actually found the time to read my letters, I thank you for your time and I am elated that you found the court’s decision was in need of a balance of power. I can only hope that you do the same for John Hatley.
In Omnia Paratus
Sincerely
Spc Justin LaManna

I believe in the United States of America, as a government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign Nation of many sovereign States; a perfect union, one and inseparable; established upon those principles of freedom, equality, justice, and humanity for which American patriots sacrificed their lives and fortunes.
I therefore believe it is my duty to my country to love it, to support its Constitution, to obey its laws, to respect its flag, and to defend it against all enemies.

SFC (P) Gutierrez, Martin
TF 1-2 IN
BN Master Gunner

My name is SFC (P) Martin Gutierrez. I first met John E. Hatley in OIF II when he assumed duties as the company 1/Sgt for Alpha Company 1-18. I was serving as a Weapons Squad Leader in 1st Platoon and had heard of John prior to him taking over as 1/Sgt and was not really sure what to expect. Make no mistake and leave no doubt that when John enters a room it’s much like the impression he leaves in a person’s life after meeting him. You will never forget that moment and what kind of person he is. I have had the privilege to serve along his side for two Combat Deployments both OIF II and OIF 06-08. I was the Platoon Sergeant for 1st Platoon Aco 1-18 during OIF 06-08.

I agree whole heartedly with 1/Sgt Hatley’s statement “To have your honor and courage questioned by so many people that have never had theirs tested” is a tremendous burden to bear. During OIF II we stepped out and faced a very smart and determined enemy on a daily basis. You lived your life in fear every second that you were awake wondering if the last phone call home would be the last time you heard your loved ones voices. There are not words to describe how it felt or how it feels to live your life in fear. You find yourself doing strange things subconsciously like only using one hand to do things in the mind set of if I get an arm blown off tomorrow I all ready know how to manage with one.

We as leaders were given what at the time seemed an impossible mission. To bring peace and stability to a place that was full of hatred and evilness around every corner. The men of Alpha Company are some of the best America has to offer and I am privileged and honored to be able to write this letter to you today to hopefully shed some perspective on what those great Heroes went through. Alpha Company took an area previously assigned to a Brigade and with in months decreased hostile actions by at least 40%. That is no small feat and was paid for in American Blood.

It is a life altering event when you have to pick up pieces of your own soldier and then gather your self seconds later in order to chase down a trigger man and face your soldiers and keep them in the fight long enough to make it back inside the wire. You build a bond during those tragic moments and it is stronger than anything any one could fathom. We all had our families back home, but out there amongst the enemy your family was to your left and right side by side with you. There is no doubt in any ones mind that when the bullets are flying your brother next to you would do what it took to ensure we took the fight back to the enemy no matter the cost. It is an experience that no one should have to bear, but there are few of us who do it gladly and with out hesitation so that our loved ones back home don’t have to. That is the caliber of soldiers 1/Sgt Hatley led, mentored and inspired.

Any one can lead a soldier into combat but a true leader inspires his men to do the unimaginable with out hesitation. 1/Sgt John Hatley was that leader and inspired me to be that kind of leader as well. Sir if you could imagine for a moment 125 degree temperatures, 65 to 85 pounds of equipment on your shoulders for hours on end walking the streets of volatile Baghdad clearing hundreds of houses, coming back off patrol after doing that for about six to eight hours, turning right back around and going out as a Quick Reaction Force because one of the other Platoons was in contact. Soldiers in Alpha Company did that day in and day out for 15 months with out question not because they had to or were ordered to, but because they were compelled to honor the fallen and be there for the living. I say that 1/Sgt Hatley led because that is what he was. A consummate professional who led from the front no matter what the situation was. 1/Sgt and I didn’t see eye to eye most of the time and I’m sure if you spend five minutes with him and asked him about me he would tell you that I was as hard headed and head strong as he. Although most outsiders that didn’t know us would think we hated each other it was quite the contrary. I respect him and look up to him as one of the best leaders I have had the privilege to work with and would follow him into the depths of hell and back if asked to.

I guess what I am trying to convey is that even though we may have had personality conflicts he never let that deter him from mentoring me and ensuring that my Platoon was taken care of to the best of his ability. That was the kind of person he was. On a personal note, during the deployment my wife was placed on bed rest due to pregnancy complications. At the time I was really unable to take emergency leave and did not currently have a family care plan in place to take care of my 5 year old son at the time. 1/Sgt Hatley was willing to give up his R&R with his family just so that I could go home and take care of my family and get things set up and come back and still go on R&R when my daughter was due to be born. That is the caliber man that he is. The Phrase Selfless Service does not give justice to what 1/Sgt did on a day to day basis for the Soldiers of Alpha Company. The list goes on and on I could fill these pages with numerous occasions of his dedication to help a fellow soldier stemming from letting a newly assigned soldier borrow his car until that soldiers car arrived to shelling out money from his own pocket to ensure a soldier could go home on leave or buy groceries for their family.

“People sleep peacefully at night only because brave men stand ready to do violence on their behalf” – George Orwell …

Facts – Comparison and Achievements
US Army Boss Middle East

OEF – CC & COS Stanley A. McChrystal Gen McChrystal is a General in the United States Army. He was the Commander of the International Security Assistance Force (ISAF) and Commander of US Forces Afghanistan (USFOR-A). He previously served as Director, Joint Staff from August 2008 to June 2009 and as Commander, Joint Special Operations Command from 2003 to 2008, where he was credited with the death of Abu Musab al-Zarqawi, leader of Al-Qaeda in Iraq. Commander : ISAF Commander : US Forces Afghanistan Source of Commissioned Service USMA Educational Degrees US Military Academy – BS – No Major US Naval War College – MA – National Security and Strategic Studies Salve Regina University – MS – International Relations Military Schools Attendedbr> Infantry Officer Basic and Advanced Courses United States Naval Command and Staff College Senior Service College Fellowship Harvard University Foreing Languages Spanish Promotions & Appointnment 2LT 2 Jun 76 1LT 2 Jun 78 CPT 1 Aug 80 MAJ 1 Jul 87 LTC 1 Sep 92 COL 1 Sep 96 BG 1 Jan 01 MG 1 May 04 LTG 16 Feb 06 GEN 11 Jun 09 From to Assignment Nov 76 Feb 78 - Weapons Platoon Leader - C Co, 1-504th PIR, 82d Airborne Division - Fort Bragg, North Carolina Feb 78 Jul 78 - Rifle Platoon Leader - C Co, 1-504th PIR, 82d Airborne Division - Fort Bragg, North Carolina Jul 78 Nov 78 - Executive Officer C Co, 1-504th PIR, 82d Airborne Division Fort Bragg, North Carolina Nov 78 Apr 79 - Student, Special Forces Officer Course Special Forces School Fort Bragg, North Carolina Apr 79 Jun 80 - Commander - Detachment A, A Co, 1-7th SFG (Airborne) Fort Bragg, North Carolina Jun 80 Feb 81 - Student - Infantry Officer Advanced Course - US Army Infantry School - Fort Benning, Georgia Feb 81 Mar 82 - S2/S3 (Intelligence/Operations) - UN Command Support Group Joint Security Area - Korea Mar 82 Nov 82 - Training Officer - Directorate of Plans and Training - A Company, Headquarters Command - Fort Stewart, Georgia Nov 82 Sep 84 - Commander - A Company, 3-19th IR, 24th ID (Mechanized) - Fort Stewart, Georgia Sep 84 Sep 85 - S3 (Operations) - 3-19th IR, 24th ID (Mechanized) - Fort Stewart, Georgia Sep 85 Jan 86 - Liaison Officer - 3-75th Ranger Regiment - Fort Benning, Georgia Jan 86 May 87 - Commander - A Co, 3-75th Ranger Regiment - Fort Benning, Georgia May 87 Apr 88 - Liaison Officer - 3-75th Ranger Regiment - Fort Benning, Georgia Apr 88 Jun 89 - S3 (Operations) - 3-75th Ranger Regiment Fort Benning, Georgia Jun 89 Jun 90 - Student - Command and Staff Course - US Naval War College - Newport, Rhode Island Jun 90 Apr 93 - Army Special Operations Action Officer - J3, Joint Special Operations Command - Fort Bragg, North Carolina - Operation Desert Shield - Operation Desert Storm - Saudi Arabia Apr 93 Nov 94 - Commander, 2-504th PIR, 82d A/B Division - Fort Bragg, North Carolina Nov 94 Jun 96 - Commander - 2-75th Ranger Regiment - Fort Lewis, Washington Jun 96 Jun 97 - Senior Service College Fellowship - John F. Kennedy School of Government - Harvard University, Cambridge, Massachusetts Jun 97 Aug 99 - Commander - 75th Ranger Regiment - Fort Benning, Georgia Aug 99 Jun 00 - Military Fellow - Council on Foreign Relations - New York, New York Jun 00 Jun 01 - Assistant Division Commander (Operations) - 82d Airborne Division - Fort Bragg, North Carolina - Commander - Combined Joint Task Force Kuwait - Camp Doha, Kuwait Jun 01 Jul 02 - Chief of Staff - XVIII Airborne Corps and Fort Bragg - Fort Bragg, North Carolina - Chief of Staff - Combined Joint Task Force 180 - Operation Enduring Freedom - Afghanistan Jul 02 Sep 03 - Vice Director for Operations, J3 - The Joint Staff - Washington, DC Sep 03 Feb 06 - Commanding General - Joint Special Operations Command - Fort Bragg, North Carolina Feb 06 Jun 08 - Commander - Joint Special Operations Command - Commander - Joint Special Operations Command Forward - US Special Operations Command - Fort Bragg, North Carolina Aug 08 Jun 09 - Director - The Joint Staff, Washington, DC Jun 09 - Present Commander - International Security Assistance Force - Commander - United States Forces Afghanistan - Operation Enduring Freedom - Afghanistan Summary of Joint Assignments S2/S3 (Intelligence/Operations) - United Nations Command Support Group - Joint Security Area, Korea (Feb 81-Mar 82, Captain) Army Special Operations Action Officer - J3, Joint Special Operations Command - Fort Bragg, North Carolina - Operation Desert Shield - Operation Desert Storm - Saudi Arabia - (Jun 90-Apr 93 – Major/Lieutenant Colonel) Chief of Staff - XVIII Airborne Corps and Fort Bragg - Fort Bragg, North Carolina - Chief of Staff - Combined Joint Task Force180 - Operation Enduring Freedom - Afghanistan - (Jun 01-Jul 02, Brigadier General) Vice Director for Operations - J3, The Joint Staff, Washington, DC - (Jul 02-Sep 03, Brig Gen) Commanding General - Joint Special Operations Command - Fort Bragg, North Carolina - (Sep 03-Feb 06, Brig Gen/Maj Gen) Commander - Joint Special Operations Command - Commander - Joint Special Operations Command Forward - US Special Operations Command - Fort Bragg, North Carolina - (Feb 06-Jun 08, Maj Gen/Lt Gen) Director - The Joint Staff - Washington, DC - (Aug 08-Jun 09, Lt Gen) Commander - International Security Assistance Force - Commander - US Forces Afghanistan - Operation Enduring Freedom - Afghanistan - (Jun 09-Present, General) Summary of Operations Assignments Date & Grade Army Special Operations Action Officer - J3 - Joint Special Operations Command - Operation Desert Shield - Operation Desert Shield - Saudi Arabia - (Jun 90-Mar 91, Maj) Commander - Combined Joint Task Force Kuwait - Camp Doha, Kuwait - (Apr 01-Jun 01, Brig Gen) Chief of Staff - Combined Joint Task Force180 - Operation Enduring Freedom - Afghanistan - (May 02-Jul 02, Brig Gen) Commander - ISAF - Commander - US Forces Afghanistan, - Operation Enduring Freedom - Afghanistan - (Jun 09- Present, Gen) US Decorations and Badges Defense Distinguished Service Medal Defense Superior Service Medal - (with Oak Leaf Cluster) Legion of Merit - (with 2 Oak Leaf Clusters) Bronze Star Medal Defense Meritorious Service Medal Meritorious Service Medal - (with 3 Oak Leaf Clusters) Army Commendation Medal Army Achievement Medal Expert Infantryman Badge Master Parachutist Badge Ranger Tab Special Forces Tab Joint Chiefs of Staff Identification Badge

Barry Soetoro (aka Barack Obama)
Commander in Chief
United States Armed Forces

Birthplace : Location remains questionable
Proof of United States Citizenship hasn’t been provided
Education : Columbia University, Harvard Law School
- Records never produced, attendance remains questionable
Military Career : None
Business Career : None
Political Career :
- Community organizer, Chicago, 1983-86
- Civil rights attorney, Chicago, 1991-96
- University of Chicago, assistant lecturer, early 1990s-2004
- State Senator, 1996-2005
- US Senator, 2005-2008
- President 2008-2010

This is as true in everyday life as it is in battle : we are given one life and the decision is ours whether to wait for circumstances to make up our mind, or whether to act, and in acting, to live.

The world is in a constant conspiracy against the brave. It’s the age-old struggle : the roar of the crowd on the one side, and the voice of your conscience on the other.

I have been up to see the Congress and they do not seem to be able to do anything except to eat peanuts and chew tobacco, while my army is starving.

Maj Gen Paul Vallely

Men have fought wars throughout the annals of history. Americans have known wars since the birth of the nation with aspirations that set our people apart from all others. These lofty aspirations have tested our people in wars to preserve our freedom with decades of domestic strife to make good our claims to the cause of human freedom. Within the brief span of two centuries, Americans have fought wars to fulfill a destiny defined by our Founding Fathers. Each conflict has tested our courage while shaping our identity which stands apart from the Western Civilization that is our heritage. The struggle to endure and preserve our ideals – the love of freedom and the dedication to self-government – has made us unique and has made America an example that inspires mankind.

Today, we find ourselves in a difficult and new kind of war. It is a war that we did not start nor can we end without destroying those who have declared war upon us. Unique to our experience, we find ourselves attacked by assailants who wear no uniform and claim allegiance to no sovereign state and follow a barbaric radical ideology.
The assailants aspire to world domination and wage war to destroy the very aspirations of freedom and democracy. The jihadis and their cells conceal themselves within civil populations that provide human shields to these radical zealots that follow a barbaric ideology that takes no prisoners. Their mode of conflict strikes at the values we hold sacred, while they use our aspirations and self-restraint to conceal and protect their assassins. It is a war that tests our men and women in combat more severely than any conflict we have waged before.
We have attempted to keep the faith and honor our traditions as well as our noble culture of freedom. In this time of bitter war, the Armed Forces impose strict rules of engagement upon our soldiers as they confront the barbarism of the radical jihadists who exercise absolutely no restraint. No crime is too heinous and no act of treachery too despicable to deter their quest of victory and ultimately world conquest (The Caliphate).

In former times, our soldiers have fought on even terms against foes who in many ways shared our commitment to international law and the Geneva Conventions. Such conflict recognized basic human rights and sought to punish those who violated the “Law of Land Warfare”. Such conflicts saw humane treatment of prisoners as the rule and atrocities were the exception. Yet in the bitterest struggles of World War II, the “greatest generation” resorted to retaliation for unprovoked air attacks upon British civilians that resulted in massive bombing attacks of civilian targets in the Third Reich.

Were we to use such tactics today to obliterate the sanctuaries of the enemies, as we did in World War II, the cry of the international media and the United Nations would be filled with outrage at the American combatants ? And the United Nations, which we formed at the end of World War II to preserve peace, would side with our enemies openly declaring the American combatants as war criminals. It is fair to say that we live with double standards today that are ignored by the international media and nation-states that support global jihad.
Americans are trained and expected to conduct themselves with the utmost restraint complying with the most humane rules of engagement, standards of conduct that are simply ignored by jihadis. Are we asking too much of our troops ? The answer is YES ! They must fight the enemy with great restraint and even the appearances of transgression of the rules of engagement by Americans are punished most severely by our own senior military leaders and courts-martial. The current Navy SEALS courts-martial is a prime example.

Another case of restrictive rules of engagement occurred in Afghanistan that resulted in a threatened courts-martial and follow on action of asking him to leave the Army. They decided to downgrade everything to an Article 15 and allowed him to resign his commission. He was one of our finest young warriors who discovered that their Afghan comrades were enemy agents providing valuable intelligence to the enemy. The results of the enemy agents sequestered in the base of an American company resulted in a series of ambushes that killed and wounded numerous soldiers of the 101st Air Assault Division.
The Company Commander, Captain Roger Hill, detained the suspected agents and requested they be evacuated by his higher headquarters which request was denied. Given the limited time detainees are allowed to be held without charges and the lack of support from his superiors, Captain Hill and his subordinates interrogated the detainees. While no detainee was physically injured during the interrogations, Captain Hill was charged with violation of the rules of engagement for making verbal threats during his interrogations.

Another case is that of Marine Sgt (now Private) Larry Hutchins, now serving 11 years in Leavenworth for following orders on a covert “Snatch and Kill” operation in Iraq. When intelligence provides information on civilians who are complicit in setting IED’s the best way to avoid collateral damage is to “surgically” remove them. The problem then arises when other civilians file charges and our Government plays the politically correct game of hanging our own out to dry.

- Master John Hatley is another example :

US Army Master Sergeant John E. Hatley was sentenced (initially) to Life in prison for the alleged killing of four unidentified insurgents.
OIF-06-08 to Iraq was his 3rd deployment. John was only 6 months shy of retiring, having served his country for almost 20 years with an exemplary military track record and was highly decorated. MSG Hatley as well as SFC Joseph Mayo and Sgt. Michael Leahy Jr. are confined together at the United States Disciplinary Barracks, Fort Leavenworth, Kansas … Their web sites follow.

MSG John Hatley
SFC Joseph P. Mayo
SGT Michael P. Leahy Jr.

A War Criminal is someone who kill for the fun of killing innocent victims and not a Soldier who kill to save the life of Brothers in Arms

Heroes to be released and sent back to save other lifes
(Source Linda Michaud-Wehunt)

1. SGT Michael P. Leahy Jr. # 87356
1300 N Warehouse Rd Fort Leavenworth KS 66027-2304

2. Master Sergeant John E. Hatley #87613
1300 N. Warehouse Road Fort Leavenworth, KS 66027-2304

3. SFC Joseph P. Mayo # 87525
1300 N. Warehouse Road Fort Leavenworth, KS 66027-2304

4.1st Lieutenant Michael Behenna #87503
1300 N. Warehouse Road Fort Leavenworth, KS 66027-2304

5. Pfc Corey Claggett #82477
1300 N. Warehouse Road Fort Leavenworth, KS 66027-2304

6. SGT. Evan Vela Carnahan #84486
1300 N. Warehouse Road Fort Leavenworth, KS 66027-2304

7. SPC William B Hunsaker #82476
1300 N Warehouse Rd Ft Leavenworth, KS 66027

8. Christopher Drotleff #55357
Chesapeake Correctional Center (Civilian)
400 Albemarle Drive Chesapeake, VA. 23322

9. Michael S Wagnon Box 339536
Joint Base Lewis McChord Wa 98433

10. SGT. Justin Boyle PO Box 305
Fort Sill, OK 73503

Given the uneven playing field upon which our the jihadis are waging war and the barbaric IED attacks our soldiers are subjected to, it is time for a public debate regarding the double standards that bind our hands in battle. Any actions we take will not impose any restraint upon the enemy.

The bottom line is we must support our valiant American fighting men and women. They are fighting under the most difficult conditions and they are being second guessed by military lawyers (JAGs) and bureaucrats holding down desk jobs secure in the rear areas. Our generation will never succeed in protecting our sacred freedoms unless we are prepared to back our men and women on the battlefield. Stand behind our men in battle or kiss our democracy and freedoms goodbye. We must do all we can as to restore the honorable status of our Warriors.
Our Armed Forces deserve better. The President needs to pardon our Warriors NOW.

Paul E. Vallely
Maj Gen US Army (Retired)
Chairman of Stand Up America, USA

Be Deployed to War but Don’t Shot or You”l be Jailed

1 Things to handle : the value of a human life, left the insurgents, right the US Troops

Insurgents

ISAF Troops

Snipers at the Minaret – What Is the Rule ?

The Law of War and the Protection of Cultural Property :
A Complex Equation – Geoffrey S. Corn – International Law Advisor
Office of The Judge Advocate General
International and Operational Law Division

On 2 January 2005, the Washington Post ran an article entitled “For US Solders, A Frustrating and Fulfilling Mission.”
(1) That article included a photograph with the following caption : “US Army snipers took over the top of this nearly 1,200 year-old spiral minaret at a Samarra mosque after the streets below became the scene of frequent attacks by insurgents in the restless city.”
(2) The article also stated that : Soldiers occupy this vantage point 24 hours a day, working in pairs for 12 hours at a time. An intersection below had become the scene of almost incessant attacks, and American commanders decided that placing snipers with .50-caliber rifles and powerful scopes in this circle of stone 10 feet in diameter, 180 feet above the ground, could deter insurgents.
(3) The characterization of this operational vantage point as a 1,200 year old minaret or mosque clearly raises concerns that this object falls within the category of cultural property. Assuming this minaret does in fact satisfy the definition of protected cultural property, was its use as a vantage point improper ?
The initial answer appears to be “no.”
In fact, the use may very well have been permissible. The equation that must be used to reach that answer is complex, and reflects the challenge of the source, scope, and effect of law of war-related proscriptions in the current operational environment. The purpose of this article is to use this incident to illustrate several of the legal issues related to determining the appropriate “rule of decision” for the employment of means and methods of warfare within the context of current combat operations.

The Legal Equation

The minaret incident highlights a number of operational law issues, almost all of which transcend analysis of this specific issue. These issues include the impact of the status of the conflict on the analysis of applicable rules of decision; the impact of Department of Defense (DOD) policy related to the law of war on the same issue; domestic legal principles related to the applicability of treaty obligations; and ultimately, the specific law of war rules related to the use of religious and cultural property for military purposes. Each of these issues is addressed below. Impact of Conflict Status on Legal Analysis Perhaps the most complex issue related to analysis of this situation is determining the applicable law of war obligations. Resolution of this issue requires determining whether the conduct occurred during the course of an armed conflict within the meaning of international law, and if so, the nature of that conflict. These determinations will dictate whether, as a matter of law, the law of war is applicable to the situation, and if so, what provision of that law provides the relevant rule of decision.

The question of whether military operations in Iraq qualify as an armed conflict under international law, and if so, whether that armed conflict is an international armed conflict has become far more complex since the establishment of the interim government of Iraq on 28 June 2004. Before that date, there was a general consensus that military operations in Iraq qualified as an international armed conflict consistent with the standard reflected in Common Article 2 of the Geneva Conventions, either as a result of conflict or belligerent occupation.

The initial phases of Operation Iraqi Freedom clearly involved hostilities between the armed forces of the United States and Iraq. A period of belligerent occupation followed the conclusion of major combat operations. During these phases, the full range of law of war provisions applied to the conduct of military operations by US forces. The establishment of the interim Iraqi government marked a restoration of Iraqi sovereign authority and a termination of belligerent occupation. While this shift in authority had minimal impact on the nature of the operations conducted by US and multi-national forces in Iraq, it did, arguably, result in removing military operations in Iraq from the rubric of international armed conflict.
Although US and multi-national forces continued (and continue) to conduct combat operations in Iraq, these operations were not directed against the armed forces of Iraq, or even against militia groups or volunteer groups forming a part of those armed forces. Instead, they were, and remain, directed against armed dissident groups opposed to both the presence of Coalition forces in Iraq and the Iraqi government. In addition, the transfer of sovereignty back to an Iraqi government ostensibly terminated, from a formal legal perspective, the period of belligerent occupation, even though US and Coalition forces continued to perform many of the military functions associated with that occupation. No matter how similar the tasks and missions may be to those conducted during belligerent occupation, the restoration of Iraqi sovereignty, and the absence of conflict between the armed forces of Iraq and Coalition forces, are the decisive factors in analyzing the nature of the conflict in Iraq.

If the conclusion that the situation in Iraq no longer qualifies as an international armed conflict is valid, it leads to the question of whether an armed conflict continues in Iraq, and if so, whether it qualifies for any law of war regulation. It seems logically and factually justified to conclude that armed conflict, within the meaning of international law, continues in Iraq. The regular armed forces of Iraq, the United States, and multi-national forces continue to conduct large scale military operations against highly organized, armed dissident groups. This situation appears to fall within the rubric of a conflict not of an international character to which Common Article 3 of the Geneva Conventions refers, which reflects the customary international law standard for triggering the law of war applicable to such conflicts.

Reference to the ICRC commentary to the Geneva Conventions supports this conclusion : “Cases of armed conflict.”
What is meant by “armed conflict not of an international character”? The expression is so general, so vague, that many of the delegations feared that it might be taken to cover any act committed by force of arms – any form of anarchy, rebellion, or even plain banditry … these different conditions, although in no way obligatory, constitute convenient criteria, and we therefore think it well to give a list drawn from the various amendments discussed; they are as follows :

(1) That the Party in revolt against the de jure Government possesses an organized military force, an authority responsible for its acts, acting within a determinate territory and having the means of respecting and ensuring respect for the Convention.

(2) That the legal Government is obliged to have recourse to the regular military forces against insurgents organized as military and in possession of a part of the national territory.

Does this mean that Article 3 is not applicable in cases where armed strife breaks out in a country, but does not fulfill any of the above conditions ? We do not subscribe to this view. We think, on the contrary, that the scope of application of the Article must be as wide as possible. There can be no drawbacks in this, since the Article in its reduced form, contrary to what might be thought, does not in any way limit the right of a State to put down rebellion, nor does it increase in the slightest the authority of the rebel party. It merely demands respect for certain rules, which were already recognized as essential in all civilized countries, and embodied in the national legislation of the States in question, long before the Convention was signed …
Speaking generally, it must be recognized that the conflicts referred to in Article 3 are armed conflicts, with ‘armed forces’ on either side engaged in ‘hostilities’ – conflicts, in short, which are in many respects similar to an international war, but take place within the confines of a single country.

The situation in Iraq, however, includes certain characteristics that were not contemplated at the time Common Article 3 was developed, and arguably not even when the Protocol II’s triggering standard for internal armed conflict was developed. Secifically, the participation in the ongoing conflict of members of international terrorist groups, ostensibly devoted not to any change of government in Iraq, but simply to killing Coalition forces and destabilizing Iraq, renders analysis of the nature of the conflict extremely difficult. This difficulty is exacerbated by the links between these groups and transnational terrorist organizations such as al Qaeda. Further complicating the analysis is the United States’ characterization of the fight against terrorism as a “Global War,” invoking the inherent right of self-defense reflected in Article 51 of the Charter of the United Nations – a right normally associated with conflict between sovereign states. These unusual aspects of the conflict in Iraq point to two potentially divergent conclusions :

that the terrorist nature of the enemy removes the conflict from the realm of law of war regulation altogether;

or

that the international character of the same terrorist organizations, and the US war against them, place military operations into the category of international armed conflict.

From a policy perspective, there is no indication that the original US characterization of operations in Iraq as falling into the category of international armed conflict has been “downgraded.” In addition, as will be discussed below, application of DOD policy related to the law of war renders this issue somewhat irrelevant due to the requirement to treat all armed conflicts as “international” for the purpose of law of war applicability. Nonetheless, as was noted in such a pointed manner by the United States District Court for the Southern District of Florida in United States v. Noriega, policy established by the executive branch is always subject to modification, whereas law is not, and therefore determining binding legal standards is never truly obviated by a policy-based application of those standards.

The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or
persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

The government has thus far obviated the need for a formal determination of General Noriega’s status. On a number of occasions as the case developed, counsel for the government advised that General Noriega was being and would continue to be afforded all of the benefits of the Geneva Convention. At no time was it agreed that he was, in fact, a prisoner of war.
The government’s position provides no assurances that the government will not at some point in the future decide that Noriega is not a POW, and therefore not entitled to the protections of Geneva III. This would seem to be just the type of situation Geneva III was designed to protect against. Because of the issues presented in connection with the General’s further confinement and treatment, it seems appropriate – even necessary – to address the issue of Defendant’s status. Articles 2, 4, and 5 of Geneva III establish the standard for determining who is a POW. Must this determination await some kind of formal complaint by Defendant or a lawsuit presented on his behalf? In view of the issues presently raised by Defendant, the Court thinks not.

In the opinion of this author, the conflict against Al Qaeda is simply an armed conflict, regulated by what might be regarded as original fundamental principles of the law of war. This theory is based on the belief that the historic trigger for basic law of war principles was the international legal analogue of what was traditionally characterized as war, which was simply “armed conflict.” In the opinion of this author, as a matter of historical custom, when armed forces engaged in such armed conflict, they carried with them the fundamental principles of the law of war, both permissive and restrictive. As a result, they invoked the principle of military necessity, providing authority to take all measures not forbidden by international law necessary to achieve the prompt submission of their opponents; and they were constrained by the basic principle of humanity, as understood in historical context.

This “basic principle” concept was clearly strained during the years between the first and second World Wars. During this period, brutal internal conflicts in Spain, Russia, and China challenged the customary expectation that forces engaged in armed conflict would conduct themselves in accordance with basic principles of the law of war. This perceived failure of international law to provide effective regulation for non-international armed conflicts was the primary motivation underlying the creation of Common Article 3. It is somewhat misleading, however, to suggest that Common Article 3 was “necessary” to ensure compliance with basic principles during such conflicts. Common Article 3 might instead be legitimately viewed as a fail-safe to provide the international community a basis to demand compliance with such principles when armed forces refuse to comply with the customary standards of conduct related to any military operation involving the use of force.

Indeed, even Common Article 2 appears to have been a response to a failure of the traditional expectation that armed forces engaged in “war” between states would acknowledge applicability of the law of war. The rejection of “war” as a trigger for the law of war in favor of “armed conflict” was an attempt to prevent what might best be described as “bad faith avoidance” of compliance with the customary standards related to the jus in bello. The qualifier of “international” was, as indicated in the ICRC Commentary, an effort to emphasize that specific provisions of the Geneva Conventions were triggered by armed conflicts conducted under state authority. As that same commentary indicates, however, it is the “armed conflict” nature of military operations that distinguish them – and the law that regulates them – from law enforcement activities.

It is clear that the global war on terror (GWOT) has strained traditional application of the Common Article 2 and Common Article 3 triggers for law of war application. Perhaps, however, these articles have been misinterpreted as the exclusive triggers for law of war application. While they clearly serve as triggers for application of the treaty provisions of the treaties they relate to, these provisions might be better understood as a layer of regulation augmenting the fundamental principles of the law of war triggered by any armed conflict. In short, whenever an armed force engages in conflict operations, fundamental principles of military necessity and humanity are triggered by those operations. When such operations also satisfy the criteria of Common Article 2, these principles become augmented by the provisions of the conventions triggered by such a conflict. With regard to the trigger of Common Article 3, operations falling within the traditional definition of internal armed conflict would unquestionably be regulated by the substance of that article. The basic principles reflected in Common Article 3, however, are redundant with the basic principles of humanity triggered by any armed conflict, and therefore the substantive effect of such a conclusion would be de minimis. In contrast, however, failure to satisfy the Common Article 3 trigger – even when armed forces were engaged in conflict operations (such as operations conducted against non-state actors operating outside the territory of the state targeting those actors) – would not undermine application of the same basic principles.

It is interesting to consider the relationship of this theory with the traditional policy of the United States regarding the law of war. It has been the longstanding policy of the DOD to treat any armed conflict as the trigger for application of the law of war. This policy has been the foundation for law of war application during every phase of the GWOT, and reflects the basic proposition that armed conflict equals application of basic principles of the law of war, no matter how that conflict is characterized. Perhaps this “policy” is actually a reflection of an underlying norm of customary international law.

From a pragmatic perspective, in order to emphasize the unique nature of the armed conflict ongoing against trans-national terrorist organizations, and distinguish it from the traditionally acknowledged categories of “international” armed conflict and “internal” armed conflict – it might be useful to adopt the characterization of “trans-national armed conflict.” It is important to emphasize that with the “armed conflict” theory outlined above, this “trans national” qualifier is more a reflection of the nature of the operations and not essential for triggering basic law of war principles. It is the armed conflict nature of the operations that results in application of these basic principles.

Nonetheless, characterizing the GWOT as a “trans-national” armed conflict seems justified by a careful analysis of the underlying humanitarian rationale of Common Article 3, the history of armed conflicts since 1949, and the fundamental purpose of the law of armed conflict. For purposes of determining the scope of regulation, such conflicts fall, as a matter of customary international law, within the category of conflicts regulated by the principles reflected in Common Article 3. This does not, however, reflect a purely internal nature of such trans-national armed conflicts.
Instead, the application of the “armed conflict” triggering criteria emphasized in the ICRC Commentary to Common Article 3 is relevant exclusively to determining the scope of law of war regulation, because it reflects a recognition that the nature of such conflicts falls outside the accepted definition of an international armed conflict for purposes of determining the scope and extent of law of war regulations, as such conflicts require a dispute between two entities satisfying the accepted criteria for statehood.

In determining the validity of this category of armed conflicts, it is critical to note that the source of this “triggering” standard for the baseline principle of humane treatment (and, by inference, military necessity) that should apply to any armed conflict (dispute requiring the intervention of armed forces), as reflected in Common Article 3 to the four Geneva Conventions, does not use the phrase “internal armed conflict.” Instead, Common Article 3 imposes upon the parties to a “conflict not of an international character,” an obligation to treat all persons not participating or no longer participating in the conflict humanely. Common Article 3 reads as follows : “In the case of armed conflict not of an international character …”
Virtually every non-international armed conflict that has occurred during the later half of the twentieth century involved trans-national characteristics – ranging from the use of adjacent territories for safe-haven to the receipt of active logistics, training, and command and control support obtained from neighboring states. Indeed, even the Spanish Civil War of 1936 to 1939, which served as a major motivation for the development of Common Article 3, involved substantial trans-national aspects in the form of arm, equip, train, and even voluntary participation programs executed by Germany and Italy (on behalf of the Nationalists) and the Soviet Union (on behalf of the Republicans).

Additionally, in the two seminal international tribunal cases analyzing the relationship between internal and international armed conflicts, the issue of external involvement and sponsorship was addressed and determined not to transform these conflicts from non-international to international. As a result, and due to the expanding nature of such operations within the broader context of the GWOT, it is essential to carefully assess the customary meaning of the term “conflicts not of an international character” for purpose of determining applicable provisions of the law of war. In so doing, the following considerations are useful : the interpretive guidance provided by the ICRC Commentary; the humanitarian rational underlying application of baseline standards to military operations not involving two opposing state entities; and US practice with regard to the scope of Common Article 3. The GPW Commentary notes that there is no objective set of criteria for determining the existence of an armed conflict not of an international character. The Commentary, however, states : Speaking generally, it must be recognized that the conflicts referred to in Article 3 are armed conflicts, with armed forces on either side engaged in hostilities – conflicts, in short, which are in many respects similar to an international war, but take place within the confines of a single country.

This excerpt from the Commentary clearly refers to what is traditionally regarded as “internal” armed conflicts. This reference, however, need not be treated as dispositive. It is reasonable to consider this quotation as a reflection of the historical context in which the provision was drafted, which is also manifested by the suggestion that Common Article 3 would only apply when “the party in revolt has an organized military force under responsible command, operating within a determinate territory, and has the means of respecting the GC.”
The actual provision it seeks to explain is written in much broader terms, a practice not uncommon with provisions of multi-lateral treaties, often intended to provide interpretive flexibility. What seems clear from the ICRC Commentary is that the drafters were attempting to respond to the need to ensure some international legal regulation of activities that rose to the level of “armed conflicts,” even if such conflicts did not take on a “international” character, while mitigating fears that Common Article 3 would be applied to internal events that did not rise to the level of conflicts, thereby serving as an unjustified basis for intrusion into state sovereignty.

There is absolutely no indication that the drafters of Common Article 3 considered conflicts between the regular armed forces of a state and a transnational non-state actor entity. In this regard, however, it is useful to consider what is often regarded as the most effective “interpretive aid” provided by the ICRC Commentary : that the line between an internal disturbance immune from international regulation and a conflict requiring international regulation is crossed when “the legal government is obliged to resort to the regular military forces to combat the party in revolt.” This interpretive aid indicates that the nature of the military activities, and not the locale, is most instructive on the applicability of international regulation to any given military operation.
This focus seems to transcend operations that were historically considered purely “internal,” and provides a logical analytical justification for determining when the limited law of war regulation associated with Common Article 3 should be applied to military operations. There is also no doubt that Common Article 3 was motivated by a perceived need to interject some limited humanitarian regulation into the realm of “internal” conflicts. It is improper to conclude, however, that because the contextual motivation for this monumental development in the regulation of armed conflict was “internal” conflicts, the fundamental goal of ensuring a baseline of humanitarian regulation of armed conflict falling somewhere below the threshold of Common Article 2 should be restricted to conflicts totally confined to the internal territory of a nation state. Instead, it was the desire to inject law of war application to any situation rising above the threshold of domestic law enforcement activity and into the realm of military armed conflict that justifies the recognition of the trans-national armed conflict standard.
It is clear from a review of the ICRC Commentary that the desire to interject some limited humanitarian regulation into a realm of activities historically shielded from international regulation served as the motivating drive behind inclusion of Common Article 3 into the four Conventions. Indeed, it was the almost “self evident” legitimacy of requiring such limited humanitarian respect in such conflicts that served as the logical basis for the international regulation of events solely within the sphere of state sovereignty. In this respect, Common Article 3 can be regarded as somewhat of an extension of the principle that absent applicable treaty provisions, individuals effected by conflict remain under the protection of the principles of humanity. This principle is reflected in the “Martens” Clause,” which was first included in the Preamble of the Hague Convention of 1899 and has been replicated in subsequent law of war treaties and statutes.

[I]n cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience. The “Martens Clause” took its name from Fyodor Martens, the Russian diplomat responsible for first proposing the language during the first World Peace Conference in The Hague in 1899. The continuing validity of this clause in the analysis of protections applicable during armed conflicts was most recently confirmed by the International Court of Justice in the advisory opinion on the legality of the threat or use of nuclear weapons.
It would therefore appear consistent with this history to embrace a scope of application that focused on the nature of the activities, and the derivative need to provide for some limited international regulation when operations rise to the level of military conflict, and not the locale of the opposition group, in determining whether to classify an operation as a “common article 3 conflict.”

United States practice with regard to the scope of Common Article 3 also tends to support a broad application of this baseline standard of conflict regulation. On 29 January 1987, President Reagan transmitted Protocol II to the Senate for its advice and consent. With certain declarations, reservations, and understandings, he recommended its ratification.
The purpose of Protocol II was to supplement, without altering the field of applicability, Common Article 3 for the protection of victims of conflicts not of an international character. See Protocol II, supra note 6, at art. 1. The ICRC United States position regarding the scope provision of Protocol II reflects support for a broad application of these protections, and by implication, an expanded definition of what qualifies as such a conflict :

The final text of Protocol II did not meet all the desires of the United States and other western delegations. In particular, the Protocol only applies to internal conflicts in which dissident armed groups are under responsible command and exercise control over such a part of the national territory as to carry out sustained and concerted military operations. This is a narrower scope than we would have desired, and has the effect of excluding many internal conflicts in which dissident armed groups occupy no significant territory but conduct sporadic guerilla operations over a wide area. We are therefore recommending that the US ratification be subject to an understanding declaring that the United States will apply the Protocol to all conflicts covered by Article 3 common to the 1949 Conventions (and only such conflicts) which will include all non-international armed conflicts as traditionally defined (but not internal disturbances, riots and sporadic acts of violence).

While this language refers to “traditionally defined” non-international armed conflicts, it also clearly represents U.S. opposition to narrowly defining the scope of Common Article 3 and Protocol II, with a clear intent to exclude only “non-conflict” internal matters from this scope of coverage. This position seems logical considering the quasi trans-national nature of many “internal” armed conflicts that occurred during this period (e.g., Vietnam, Afghanistan, Nicaragua, El Salvador).
Defining what constitutes a “traditional” non-international armed conflict today differs substantially from how that term would have been defined in 1986. The emergence of trans-national, highly organized and well equipped groups espousing a goal of waging “war” against democratic nations is primarily a post Cold War phenomenon. While conflict with such groups was obviously not the object of United States concern at the time this position was asserted, the pragmatic nature of the US policy reflected in this position supports expanding the definition of “traditional” to encompass such hostile groups.

In summary, military operations conducted by the United States against non-state trans-national terrorist elements are simply “armed conflicts.” Accordingly, such operations trigger the basic principles of military necessity (and the customary standards of means and methods applicable to noninternational armed conflicts) and humanity (the principles reflected in Common Article 3 and GP II) as a matter of customary international law. (34 JULY 2005 THE ARMY LAWYER)
One aspect of military operations in Iraq seems undeniable – the US and multi-national forces are engaged in an “armed conflict” of some character. Whether international, internal, or hybrid such as trans-national, the undeniable “armed conflict” aspect of these operations require analysis of not only the applicability of the law of war as a matter of law, but also as a matter of policy through the conduit of the DOD Law of War Program.

Impact of DOD Policy on Legal Analysis
Any analysis of applicable rules related to the conduct of military operations by US forces in Iraq requires analysis of DOD policy – specifically the DOD policy related to compliance with the law of war established in DOD Directive 5100.77.29
The simple policy mandate of that directive – that the armed forces of the United States will comply with the law of war during all conflicts, no matter how those conflicts are characterized – is directly applicable to military operations in Iraq. Indeed, it was the almost inevitable uncertainty related to determining the legal character of such armed conflicts that motivated a policy mandate requiring full compliance with the law of war during any armed conflict as the default standard for the armed forces of the United States.

As is often the case with “simple” mandates, the devil is in the details. Whether this truism is applicable to this policy mandate has been the subject of substantial debate within the community of operational law specialists. In this situation, however, this basic mandate would purport to obviate the need to determine whether the conflict in Iraq qualified as “international,” “internal,” or some hybrid category such as “trans national.” Instead, the policy would require US forces to treat all operations as if they were being conducted during the course of an international armed conflict, and accordingly, comply with all rules derived from the law of war considered by the United States applicable to such conflicts.

Because unlike legal mandates, policy is more easily subject to authorized deviation, a legitimate question related to this policy is whether deviation is ever justified, and if so, what level of authority is empowered to authorize such deviation. While the Chairman, Joint Chiefs of Staff (CJCS) implementing instruction expressly allows for “competent authority” to authorize deviation from the required application of law of war “principles” during non-conflict operations, there is no analogous deviation provision during armed conflicts. Thus, it would appear that no commander is empowered to authorize deviation from compliance with the entire body of the law of war, even during a conflict not triggering such broad application as a matter of law. While it seems logical to conclude that the CJCS, as the proponent of the policy mandate, or any higher competent command, retain the authority to direct or authorize deviation from this broad mandate, it seems improper to derive an “implied” authority for subordinate commands to do so.

Analyzing Applicability of Law of War Treaties

Whether applicable as a matter of law, or as a matter of policy, a determination of which provisions of the law of war are considered binding by the United States is still required. In relation to the specific issue raised by the use of the minaret, this determination requires an understanding of the distinction between treaties ratified by the United States, and treaties signed by the United States, but pending ratification. This distinction is the result of the disparate status of the two primary treaties Pragmatically, these armed conflicts are best characterized as trans-national armed conflicts, a characterization that reflects the global nature of such operations.

It is not uncommon for practitioners to assert that this policy mandate requires compliance with only the “principles and spirit” of the law of war. The plain language of the directive, however, renders this position patently erroneous. While following the principles and spirit of the law of war is without doubt required during all military operations, any operation that is considered by the United States to fall within the rubric of “armed conflict” triggers application of the law of war as if such application was required as a matter of law. The forthcoming revision to this directive will not in any way alter this conclusion, and will in fact elevate the requirement to comply with the law of war during all armed conflicts from a service component responsibility to an explicit statement of DOD policy.

Having been ratified by the United States, after receiving the requisite advice and consent of the Senate, Hague IV falls within the scope of the Supremacy Clause of the Constitution,36 and therefore must be regarded as the “supreme law of the land.” While US jurisprudence related to the law of treaties does allow for a later in time statutory contradiction to this treaty, no such statute exists, and indeed, every statutory and policy reference to the subject matter of the law of war has confirmed the binding nature of this treaty. (The customary international law status of the provisions of this treaty provide an additional basis for concluding the United States is bound to them). In contrast to the Hague IV, the Cultural Property Convention falls into an authoritative “twilight zone” under traditional doctrines of the relationship between US and international law. The Cultural Property Convention was signed by the United States on 14 May 1954. It was not, however, transmitted to the Senate for advice and consent until January 1999, and as of this date, advice and consent has not been granted. Thus, this treaty is signed by the United States, but is not ratified.

Therefore, as a matter of domestic law, the treaty does not fall under the auspices of the Supremacy Clause, and as a matter of international law, the United States is not a party to the treaty. A signed treaty that is pending advice and consent and subsequent ratification for a long time period is not uncommon in United States treaty practice, nor among other states in the community of nations. As a result, customary international law has developed a doctrine to address the question of the force and effect of treaties pending ratification. This doctrine is reflected in Article 18 of the Vienna Convention on the Law of Treaties, which, ironically, is a treaty that itself has been signed by the United States, but not yet ratified. Known as the “object and purpose” rule, this principle of customary international law imposes an obligation on states that have expressed intent to be bound to a treaty through signature to refrain from any activity that might defeat the “object and purpose” of that treaty for the period of time ratification is pending.

This “Article 18” obligation is terminated only when a signatory state has taken appropriate steps to demonstrate a clear intention not to become a party to the treaty. This is normally understood as requiring some action at the international level, such as submitting a formal diplomatic note to the treaty depository. The United States has taken no action to manifest its intent not to become a party to the Cultural Property Convention. On the contrary, as recently as 1999, the President reinforced the executive branch’s desire that the United States become a party to this treaty. As a result, customary international law would appear to require the United States to refrain from activities that defeat the “object and purpose” of that treaty.

Rules Applicable to This Incident
Pursuant to DOD policy, the armed forces of the United States must comply with the law of war in Iraq regardless of the actual characterization of the conflict as “international” or “non-international.” In order to execute this obligation, however, the prima facie issue of what the United States considers to be the applicable rules of the law of war triggered by the policy mandate of the DOD Law of War Program must be resolved. There is no dispute that the provisions of Hague IV, which operate to protect cultural and religious property through Article 27, fall within this category of applicable rules.
The Hague IV requires the following :

In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes. It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand. While this provision reflects a general goal of protecting religious and cultural objects, it does not expressly prohibit the use of such objects for military purposes. Furthermore, the “as far as possible” caveat suggests a “military necessity” exception to this general prohibition.
There is simply nothing in Hague IV that, through the conduit of the DOD Law of War Program, categorically prohibits the method in which this minaret was used. Hague IV does include an apparently absolute prohibition on the use of religious property during belligerent occupation. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.

All seizure of, destruction or willful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings. This principle of international law is also presumptively applicable to the two Additional Protocols to the Geneva Conventions. Both treaties were signed by the United States, and neither has been ratified. United States signature created a prima facie presumption that the object and purpose rule is applicable to those treaties. It is true that with regard to Protocol I, the Executive Branch informed the Senate that it did not intend to submit the treaty for advice and consent because it was considered “fatally flawed.”
While this might appear to satisfy the requirement to demonstrate US intent not to become a party to the treaty, the purely domestic nature of this action renders such a conclusion questionable. Release from this obligation would appear to require some international declaration of similar content, although it is plausible that the cumulative effect of the Letter of Transmittal, the passage of time since signature, and other evidence that the US does not consider itself bound to this treaty (military manuals and an absence to any reference to provisions of Protocol I in ICRC U.S. policies related to military operations), sufficiently demonstrate US intent not to become a party to this treaty. It is also possible that the Senate might question the constitutionality of carrying out treaty obligations pursuant to this rule of international law prior to the treaty receiving the requisite constitutional advice and consent from the Senate. In such a situation, domestic validity of compliance is enhanced proportionally to the degree to which the subject matter is associated with the President’s Article II authority. Such association seems extremely close with regard to a treaty regulating the conduct of military operations. In contrast, Protocol II has been submitted by the Executive Branch for advice and consent, with subsequent requests by the Executive Branch for the Senate to complete this action. Thus, unlike Protocol I, there appears to be little doubt that the United States remains obligated under the object and purpose rule vis à vis Protocol II.

First, it is located in the occupation section of Hague IV. This rule must be interpreted within the context of rules developed at the beginning of the last century for control and temporary administration of enemy territory during belligerent occupation. Within this context, it is reasonable to presume that this rule was based on an expectation that the occupation would be generally unopposed, a situation clearly distinguishable from that in Iraq. Second, and far more significant, this rule must be considered within the context of subsequent treaty provisions developed for the specific purpose of protecting cultural property during armed conflict. As will be explained below, these rules did not adopt a distinct framework for such protection during belligerent occupation. In fact, the Geneva Convention for the Treatment of Civilians in Time of War of 1949, the most comprehensive source of authority for the conduct of belligerent occupation, does not include any provision mandating special protection for religious property, but instead applies to such religious property the general prohibition against the destruction of property in occupied territory, absent imperative military necessity. These later in time treaty provisions, some of which specifically address the issue of the treatment of religious property of cultural heritage, should be interpreted as controlling even if they purport to contradict the unqualified prohibition of the Hague IV.

Reference to the provisions of these other law of war treaties does appear to provide a more precise rule of decision, although the “implied” military necessity exception noted above continues to have analytical impact. Article 4 of the Cultural Property Convention imposes the following obligation on the parties to a conflict :

[r]espect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refraining from any act of hostility directed against such property. This obligation, however, is qualified by the subsequent section, which provides that “[T]he obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.”
Thus, use of cultural property as an observation position appears consistent with the principles reflected in the Cultural Property Convention if such use is the only feasible means available for the commander to achieve a valid military objective. Certainly, the protection of friendly forces or the local population from threats posed by dissident or hostile elements during a period of occupation qualify as such a purpose. In the opinion of this author, the key consideration in analyzing the permissibility of such use would be the legitimacy of the conclusion that no other feasible alternate was available to achieve the important military objective.

With regard to this imperative military necessity qualifier, it is critical to distinguish the protection afforded cultural property as defined in Article 1 of the Cultural Property Convention from property granted the status of “special protection” in accordance with Article 8 of that Convention. Pursuant to Article 9 of the Convention, military use of property granted “special protection,” or military use of surrounding areas, is prohibited with no military necessity exception.
Cultural property is defined in the Convention as follows : Article 1. For the purposes of the present Convention, the term “cultural property” shall cover, irrespective of origin or ownership :

(a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;

(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in subparagraph (a);

(c) centres containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as “centres containing monuments”.

The constraint against military use of religious property of cultural heritage is more categorical in Protocols I and II to the Geneva Conventions. Article 53 of Protocol I (applicable to international armed conflict) prohibits use in support of the military effort of all “places of worship which constitute the cultural or spiritual heritage of the people.” Article 16 of Protocol II (applicable to non-international armed conflict) reflects an analogous prohibition. Both of these articles, however, begin with the following introductory language : “[W]ithout prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments”.

According to the International Committee of the Red Cross Commentary to this article : The protection laid down in this article is accorded “without prejudice” to the provisions of other relevant international instruments. From the beginning of the discussions regarding Article 53 it was agreed that there was no need to revise the existing rules on the subject, but that the protection and respect for cultural objects should be confirmed. It was therefore necessary to state at the beginning of the article that it did not modify the relevant existing instruments. For example, this means that in case of a contradiction between this article and a rule of the 1954 Convention the latter is applicable, though of course only insofar as the Parties concerned are bound by that Convention. If one of the Parties is not bound by the Convention, Article 53 applies. Moreover, Article 53 applies even if all the Parties concerned are bound by another international instrument insofar as it supplements the rules of that instrument.
Thus, while neither Protocol I nor II expressly provide for an imperative military necessity exception to the prohibition against the use of cultural property in support of the military effort, if the application of such an exception is appropriate in 63.

According to Article 8 :
Granting of Special Protection

Art. 8. 1. There may be placed under special protection a limited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centres containing monuments and other immovable cultural property of very great importance, provided thatthey :

(a) are situated at an adequate distance from any large industrial centre or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defence, a port or railway station of relative importance or a main line of communication;

(b) are not used for military purposes.

2. A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs.

3. A centre containing monuments shall be deemed to be used for military purposes whenever it is used for the movement of military personnel or material, even in transit. The same shall apply whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the centre.

4. The guarding of cultural property mentioned in paragraph I above by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order, shall not be deemed to be used for military purposes.

5. If any cultural property mentioned in paragraph I of the present Article is situated near an important military objective as defined in the said paragraph, it may nevertheless be placed under special protection if the High Contracting Party asking for that protection undertakes, in the event of armed conflict, to make no use of the objective and particularly, in the case of a port, railway station or aerodrome, to divert all traffic therefrom. In that event, such diversion shall be prepared in time of peace.

6. Special protection is granted to cultural property by its entry in the “International Register of Cultural Property under Special Protection”. This entry shall only be made, in accordance with the provisions of the present Convention and under the conditions provided for in the Regulations for the execution of the Convention.

The principles reflected in the provisions of the Cultural Property Convention seem most relevant for analysis of the use of this property based on both the subject of the treaty and the fact that the United States has signed this treaty and appears to remain committed to ratification. This treaty, by its terms, applies to both international and non-international armed conflict, and is implicated by the “object and purpose” rule reflected in Article 18 of the Vienna Convention. There is no clear definition of the scope and extent of this “Article 18” obligation, although it is generally accepted that it certainly does not require full treaty compliance. Instead, a good faith assessment of the activity in question must be engaged in to determine if such activity appears to be a flagrant derogation from the essence of the treaty, thereby defeating the basic purpose of that treaty. As noted above, reconciling the use of the minaret in this situation with the principles reflected in the Cultural Property Convention requires a precise understanding of the distinction between generally protected cultural property and specially protected cultural property. The use of the minaret in this situation was presumptively based on a determination of imperative military necessity. If this presumption is valid, there is no reason to conclude that the use violated the object and purpose of the treaty, and in fact the use would have been consistent with the obligations imposed by the treaty had it been binding at the time.

However, if the presumption is invalid – if some feasible alternate to the use of the minaret had been available to the commander – it is difficult to reconcile the unnecessary transformation of the minaret into a valid and highly significant military objective for an opponent as being consistent with the fundamental purpose of the Cultural Property Convention.
As with many provisions of law of war treaties that have not been ratified by the United States, legal advisors are often called upon to asses whether the provision was at the time of drafting, or subsequently evolved into, customary international law. In such a situation, the United States is bound to comply not with the particular article of the treaty, but with the principle reflected in that article.
Whether the collective effect of these treaty provisions justifies a conclusion that the general obligation to refrain from military use of cultural property – subject to an imperative military necessity exception – amounts to a customary international law norm is subject to debate. A comprehensive discussion of the relationship between treaty law and customary international law is beyond the scope of this article. Suffice to say that it is a well accepted principle of international law that the provision of a treaty can create a new obligation that subsequently “ripens” into a customary obligation; or codify a pre-existing customary obligation.
For example, according to various sources, the most oft cited of which is the “Matheson” statement, at the time Protocol I was drafted the United States regarded many of the articles as either a reflection of existing customary international law Int’l Comm. of the Red Cross, States Party to the Main Treaties (June 15, 2005), at http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/party_main_
treaties/$File/IHL_and_other_related_Treaties.pdf”> [hereinafter Listing of States party] (listing States party to Protocol I and Protocol II).

The law of war is derived from two principle sources :

a. Lawmaking Treaties (or Conventions), such as the Hague and Geneva Conventions.

b. Custom : Although some of the law of war has note been incorporated in any treaty or convention which the United States is a party, this body of unwritten or customary law is firmly established by the custom of nations and well defined by recognized authorities on international law. (See FM 27-10, supra note 6, para. 4.)

Subsequent practice also suggests that some articles of Protocol I may have ripened into customary international law. There is no explicit United States position on whether the rules related to the military use of cultural property reflected in the treaties analyzed above fall into the category of customary international law, either as a reflection of a customary obligation that existed at the time they were drafted, or as a positive development in the law of war that has subsequently ripened into a customary obligation. There is ample implied support, however, for such a conclusion. First, as noted above, the Cultural Property Convention was signed by the United States, and remains the subject of executive branch ratification efforts. Second, there is no indication that the United States included Article 53 of Protocol I among those articles of Protocol I considered so fatally flawed that they required rejection of the entire Protocol.
Third, and perhaps of most significant, the basic concept of an extremely proscribed military use of cultural property is reflected not only in the Cultural Property Convention, but also in Protocol II78 – a treaty signed by the United States and also subject to executive branch ratification efforts.
Furthermore, both these treaties expressly extend this principle into the realm of non-international armed conflict, supporting the conclusion that it is considered a fundamental norm of the law of war. Thus, either through operation of the “object and purpose” rule as it relates to the Cultural Property Convention, or through the conclusion that Article 53 of Protocol I related to the use of cultural property for military purposes reflects a principle of customary international law, the extremely limited justification for the military use of cultural property appears to fall under the auspices of the “comply with the law of war” mandate of DOD Directive 5100.

Accordingly, regardless of the characterization of the conflict in Iraq, such use would be improper absent imperative military necessity. Furthermore, there is a strong argument to support the conclusion that regardless of the characterization of the conflict in Iraq, this prohibition is applicable as a matter of international law. The combination of the Cultural Property Convention and the effort to reinforce the protection of cultural property reflected in Protocol’s I and II provide substantial indication that this prohibition is applicable in both international and internal conflict as a customary international law principle applicable to all conflicts.

Conclusion

Assuming, arguendo, that the minaret used by US forces in the referenced article fell within the definition of cultural property, the use was permissible based only on a determination of imperative military necessity. While use of the vantage point offered by such a structure was undoubtedly intended to enhance the effectiveness of the operation, the prohibition against the military use of cultural property absent such a justification does not allow for a general military necessity based exception. Instead, the concept of imperative necessity suggests that no other feasible alternative be available for achieving what is presumptively an important military objective. This prohibition has arguably attained customary international law status, and at a minimum, appears to be binding on US forces through either operation of the object and purpose rule derived from the international law of treaties, or through operation of DOD Directive 5100.

As noted above, however, this article was not intended to simply address the question of whether use of this minaret was or was not consistent with the law of war. Instead, this reported incident was relied upon to illustrate the variety of considerations associated with such an issue. In so doing, it is hoped that this article will contribute to the ability of judge advocates to address similar issues during future operations.

Military status and disappearance Private First Class Bergdahl is assigned to the 1st Bn, 501st Prcht Inf Regt, 4th BCT, 25th Infantry Division, based at Fort Richardson, Alaska. Pfc Bergdahl went missing on June 30, 2009. Since then, the Taliban has released three videos showing him in captivity. The Taliban are demanding the release of 21 Afghan prisoners and Aafia Siddiqui in exchange for Bergdahl’s release. They have threatened to execute Bergdahl if Siddiqui is not released. Most of the Afghan prisoners are being held in the Guantanamo prison.
Capture on July 18, 2009, the Taliban released a video showing they had captured Bergdahl. In the video, Bergdahl appeared downcast and frightened.

Laura Tomaino (facebook) : Last year’s National POW-MIA Day was 18 September 2009. This year it will be 17 Sep 2010. On Facebook, I am going to post this and post this and post this till my fingers fall off if I got to … I want everybody … everybody to see what this man is giving for this country!
Remember Him ! Pray for Him ! Love him likes he’s your own.
This is news worthy … but yet … ???????????
I will never give up with this brave man … there are answers somewhere … theres someway to bring him home … I know there is … wonder if the stupid politicians that are on my friends list whining about their health or the budget problems even bother to notice this … I doubt it !!!!! … I want this heroes face and name all over … I want people to start … More … asking questions like many are … yea I am being demanding … so … he is an American P.O.W !!!! and I will keep demanding … as I said before if it bothers u hide me or remove me !

I am so very pleased to advise you that we received notice from Susan Hodges, Vice President of Administration & Finance for Marine Corps Heritage Foundation, that New Dawn has been nominated for the Foundation’s 2011 General Wallace M. Greene Award. During his distinguished Marine Corps career, General Greene gave stature to the historical program, as it is known today. He is a founding member of the Marine Corps Heritage Foundation. The Greene Award is given to the author of the outstanding nonfiction book, published during the preceding three years pertinent to Marine Corps history. The winner receives a plaque and $1,000.
We have shipped them 7 review copies for the judges. All of us at Savas Beatie are very excited about this news and wish you the best.

Congratulations, Richard !

Kind Regards,
Kim
Savas Beatie LLC

http://www.facebook.com/l/cbe7c4AH7bNMObFD1QvYjQGN6kw;www.marineheritage.com/Awards.asp

(Also note that Perfect Valor won the Norm Hatch Award this year)

Thursday, November 01, 2007
things that go bang
Current mood : restless

So yea … got my date to Qatar … 2 weeks and I can chill for a few days with Ang. And HOLY FUCK do I need it after this past month. Rockets out the fuckin ass … disappointment … but check this out … they bumped it up cuz Jenn told my NCOIC lol so yea … o and the counsellings I was supposed to get ? yea I didn’t get them. So, that was a temp fix I guess … tho I’m still pissed off about a few things … I’m good.

Hmm Lets see … what else … oo someone slammed a door yesterday and I swear my soul like packed up and left … well thats what it felt like … so yea … certain noises freak me out … I mean I’m used to the explosions and dont jump when real shit hits … but if someone slams a door … watch out … Lori will probably wig. lol
Fuckin craziness … anyways … I’m bout to start pickin the guitar back up … I gotta do something … I know its not intentional cuz they need me on this shift and all … but dude … I’m sooo fuckin isolated its not funny … and even if I do go out … I’m still by myself … so its still gay.

oo so lately I’m gettin all these ‘you’re beautiful’ shit from ppl lol wtf yea … insanity … I mean I know I’m awesome and a total badass but shit lol … yea apparently girls are just a hot commodity in the dustbowl that is iraq. Ok I’m crashin … I gots to sleep for work and all that gayness haha …
Yea … holy shit … Lori is in a decent mood …
*write that down*
Na. actually I was in a really good mood … WAS lol but I’m gettin back up to the yea so fuck it thing … that I’ll probably never be there completely like I was … til things start fuckin going MY way for once … I’ll have to tell you guys a bout the 18 day free pass I was gonna give lol sooo much for that … I guess …
ok I’m out.

Friday, November 02, 2007
:. Lost Lake .:
Current mood : optimistic

um yea so the blogs being a whore today … anyways. So I did pt around the lake after getting off duty and signing my 6th counseling … yea I ended up getting it … I’m such a horrible soldier … kinda of hard to be a specialist with ‘experience’ if no one has to listen to me so yea … fuck off. aside from that tho I’m good. work is sooooo much better with Sgt Iam as my NCO. OMG …
I actually dont mind goin into work … no hostility, no awkward silence … just work. so its gettin better now. so theres one thing. anyways … so when I was doing pt … I decided I’d clear my head while I was at it … yea I ended with with more questions than answers. the only thing that was answered is that no matter what happens … in the end everyone ends up disappointed about something. so hopefully I’ll get all the disappointment all at once like I have been and end up NOT as disappointed lol
theres just still a lot of shit I just dont get. but then again. maybe I’m not supposed to understand anything. Its kind of like the army … just go with it … you’re not in control anyways lol but yea … I’ll write a lengthier one later. I’m tired.

Its just mightly lonely out here in the nothingness. yet, I’m not out lookin for shit … I just wanna make it through w/o all the drama … w/o all the stupid shit … w/o the rumors … so I sit here. what can anyone really say if I just keep to myself … and it dont matter even if I wanted to do shit … when everyones awake after work … I’m asleep … when I get off work … they’re AT work … so I’m isolated anyways.  I’m spent more time here trying to understand shit I know I will NEVER get … then ever before … I have way too much time on my hands here and to be by myself and I’m not actually working all the time … makes it way worse.

so basically if you’d like it in a metaphorical sense … I spent the last year walking softly … trying not to make too much noise with the important shit … so I was on my toes for the majority of it cuz I didn’t want to break anything … then the floor fell out from underneath me … so in this pile of rubble I sit … … looking for my god damn case of beer … yea … some fuckin bum stole it. assholes. you wait til I see that fucker … *SHANK* yea. thats what happened …

but anyways … so I’ve been told that even in the worst of situations … I always tend to throw a joke into it. as bad as I feel, as sad as I am … so I guess thats a good thing that through all the bullshit I can still maintain my sense of humor. I mean you can kinda tell … I’m so transparent … you can tell when something is wrong … even if I dont show a thing and am acting the same as I always do … but you just need to know where to look. my curse. its a dead give away.
I dunno. the longer I spend alone … the harder this gets. the dreams dont stop either … the one … where I’m lookin through glass … yea … I can’t listen to that song anymore … but so I’m standing there, I see tech … thinking  o fuck yea … I haven’t seen him in forever … so I go to swing my weapon to the back and hit glass … like I’m in this glass box thing … then I hear the rockets coming in but I’m frozen … so they start to hit and I’m watching explosions all around me … it was fuckin graphic as fuck … I seen blood … bodies … then the shit clears and theres nothing … no sign of anything happening, no sign of life … and I’m like standing in this desert by myself.

yea … thats the dream that started it all … I knew then … the references were exact and the metaphors were so dark … I knew … I was waiting … hoping I was just having a fucked up nightmare … nope lol so yea … I stopped having that nightmare immediately afterward … knowing when something bad is gonna happen … scares me worse then the rockets. so in essence … I’m afraid of myself ? yea i have no clue … and this is WAY fucking longer than I thought it would be … sorry … for those of you who actually read this shit … but I have no one to really talk to … so yea … I just type away

funny how things never seem to go as planned … funny how life is … funny hows its 1530 and I’m still fuckin awake. but hey … I see it this way … with pain comes fear, with fear comes strength, with strength comes courage … with courage comes determination … I’m sure as fuck not gonna just be like *poof*
I’m more confident now … still completely awesome in every sense and a complete badass … as I’ve said before … and the one thing I DO know for sure is that I will be ok in the end … and for as much shit that I’ll go through … first in foremost I am an asshole … and assholes just wont die. =)

Saturday, November 24, 2007
:. Qatar .:
Current mood : content
THE GOOD, THE BAD & THE DISTURBINGLY STRANGE

So the trip to Qatar was fuckin hella fun. It ends up being 5 days there. I still have yet to see a fuckin camel … but an arab gave me a singing one … and I won’t even get into the irony of that lol

:. Some of the notable things .:

I didn’t realize how big my uniform was until I tried to put my IBA on and noticed that my ACU’s like folded over … it was annoying. But meh. I don’t wear my gear much cuz I’m trapped on a prison camp in
Iraq. Lol and according to most of the combat arms ppl, I’m a fobbit piece of shit because I don’t leave the wire … kind of hard to when they wont let me (and I’ve tried to convince them to … no go) so fuck off.

BIAP was … well … cold. We spend the night at BIAP sleeping on the ground. And lets just say my spongebob blanket isn’t all that warm. Lol so that was just tons of dusty gayness. Most ppl leave, but we weren’t allowed. That’s real nice of my unit. But whatever. There was a bunch of us racked out on the ground, randomly around the area. I was just stupid and didn’t bring a sleeping bag lol so yea … I’m a dumbass.

I met some pretty cool people there. Randomly of course. And got contact info for a few. Justin (::aka:: BunkerLove or BunkerBuster[...] LMAO funny story behind that one), Jarrod (::aka:: Psyborg … see pictures to view his hardened look of camera downfall), Mason and Josh from 2-23/2ID, Sean (Marine) … bla bla bla

I highly recommend the Inland Sea Picnic tour. It was awesome. They take you through the desert … our driver was fuckin cool as shit … they were haulin ass lol and he was getting pissed cuz the driver in front of him was driving too slow lol I’ll put up the videos we made when I get a chance. You’re final destination … is fuckin awesome … it’s a camp on the beach of the Gulf. So yea. There’s a volley ball court and you get to swim in the Gulf. And they serve you a Qatari Lunch … which was really good. So yea … take that one. For Real. I’ve never seen water so blue in my life.

:. Glass Shatters .:

We were sponsored to go off post. So, Justin, Jarrod and I had a very interesting experience. Lol So we’re driving down ‘industrial road’ … (for those of you who don’t know, the entire country of Qatar is pretty much under construction) and … !!KSH!! the back window shatters … right behind us … so we pull over … do a so so security check and scan the area. I don’t know too much about anyone else, but I inadvertently got out of the vehicle reaching for my weapon. Yea duh. Skate hat, skate clothes … no weapon. Yea I know. But instinct will do that to you … stupid army lol … anyways … so that picture is up too. We didn’t know if we were targeted or what … turns out it was a fuckin rivet that kicked up from the road … It was pretty gay. But we switched vehicles and I got a hooka lol.

All in all, I had the most fun I’ve in like years. 5 days of NO stress at all. No work. Nothing. I had awesome ppl to hang out with … so yea. Good times. Between Justin, Jarrod and I … we had like 548 pictures and videos lol So now we just gotta figure out when we can hang out again before ppl start getting redeployed back to Iraq. (they’re leaving this Shiite hole soon) so when I go on R&R would probably be the best time cuz I don’t get out of this gayness til like fuckin Oct.

Holy shit. All that and I didn’t’ say shit about alcohol. LMAO wow. Yea. That’s crazy. Ok. So the 3 beer limit is gay for those that AREN’T lightweights haha but if you drink it REAL fast you’ll get a quick buzz lol I did that like the 3rd night. Or some shit. Lol And I wont lie. I had a decent buzz until right before our show time lol yea. But no more beer for me til July. =( Now I’m a sad panda LOL
Ok. So there’s so much shit that happened that I’m not about to go typing it all. I’m too lazy.
lol.

.

Sunday, December 09, 2007
:. Blue Novacaine .:
Current mood : numb

I feel so numb. It’s probably the medication. I lost my day off, have to work 13 hours instead of 12 until further notice and will probably end up gettin UCMJ’d at some point … and I really dont care … O yea … and another counseling statement. Meh. Nothing really seems to matter to me anymore. I’m seriously so numb to it all now. Its kinda creepy. I just sit there. I dont really say much. Cuz I dont care. Whatever motivation I had left … its gone. Now I’m just tryin to do my job and make as little mistakes as possible til I can get the hell out of here.
New Years after I get back is in the works. I can’t wait. I wanna be as far away from Fort Lewis as I can possibly get. Well, somewhere I’ve never been. Why not travel while I can right ?
On payday I’m buyin a new computer because I hate Dell’s and this one has already attempted suicide many times. If it wants to die … I’ll kill it myself.
Nothing really new goin on here. Been pretty quiet. I miss wearin Civi’s as you can see. lol Work is still work. Yea … thats’ pretty much it.

Wednesday, December 26, 2007
:. Dustless .:
Current mood : amused

So, I’ve decided to just go to Australia for R&R. I mean … the army is paying for my ticket lol so why not take advantage of it lol No reason to pass up the opportunity at a free fuckin ticket to a place I’ve never been right ? =)
So yea. that’s that plan. It’ll be fun. Then again. Anywhere but Iraq would be fun. =)
Not much to report from Baghdad. It’s been quiet. It’s been slow at work … which is a good thing. That means less ppl are gettin hurt. It’s mostly like diseases … er stuff classified as it lol like appendecitis … abdominal pain … back pain … lol I mean we still have battle injuries … but there’s less … so that makes me happy. =)
So I’m good. Christmas was pretty gay lol but Jessi brought me Christmas er lunch lol cuz she’s super awesome.
I’m enjoying my 24 hrs off right now. And I’m bout to take a nap before duty. But i made more space in my tin can. So its better I guess. oooo hehe. And Ben is sending me an Aussie Flag lol so that’ll def. add some color to this bitch.
Ok. I’ll try to keep everyone updated.

Sunday, January 20, 2008
:: Morale Ninjas and Iraq’s Inevitable Gayness ::
Current mood : blah

So shit has been retarded as usual. Internal hater mayhem if you will. So apparently … and I know who it was … took my last word of the day and I guess printed out some random shit and gave it to my ncoic. So the word of the day is officially axed. I think its funny since that individual has been on it since day one … but whatever. Just goes to show that you can’t fuckin trust anyone who’s supposed to be a leader. I mean I knew that before lol but fuck dude. You have to be mad careful … cuz the ppl who will crack jokes with you one day … will be trying to get you a field grade the next. Awesome. So another day in the shit has passed, and now I’m just waiting on whatever the fuck is gonna happen with the potential field grade shit … I mean whatever. Lol I don’t much care …
I’m not re-enlisting

I’m not trying to spend my career in countries that hate me. I just wanna go home and be myself without being criticized and hated for it. So yea. Lol oh and interesting information … apparently saying ‘I’m gonna go stab a tree’ is a communicated threat … gee. Didn’t know that they had feelings … or organs … or a heartbeat … never occurred to me that they bleed. Probably cuz they don’t lol but anyways … let’s just say the morale ninjas infiltrated my crack bubble and sliced my fun jugular with their ill tempered sense of humor and inner power struggle.

Anyways, so I’ve been doing a lot of thinking lately in light of the chaos. We had another attack. Only 2 rockets this time. But why the lull in activity ? I’m pretty sure they weren’t sitting in their mud huts reading the Quran. I mean they hate us. But I mean whatever. The quiet was nice … but eerie at the same time.  But when is it gonna be enough chaos, mayhem and utter stupidity to let this country have their civil war. This is not gonna be over anytime soon. So instead, I’m a sitting duck. I can’t shoot back … I can’t really defend myself. I just gotta hope that the fuckin thing don’t land too close. I’ve had a close call or 2. One with a rocket and one with a stray bullet. And it occurred to me that my life is way more fucked up then I had once thought LMAO wow. Wtf was I thinking. I volunteered myself to be treated like shit and get genuine hate lobbed at me. But it has its perks I guess. I get box after box of care packages from our supporters … most packed with little unwanted bottles of random shit from hotels and shit lol ooo and who can forget the food (usually expired) that ppl send us so they can clean out their pantry. Lmao. Whatever. It’s the thought I guess. But seriously … would it kill someone to send us GOOD toothbrushes ? I don’t even buy the shitty ones here … I order them … because they suck. The ones from the dollar store suck. That’s why they’re a dollar.
Moving along lol

But I have been rethinking my steps thus far. Did I curve too far to the right ? Did I ignore the warnings ? What exactly brought me to this point ? Angry, disappointed, stressed, confused, lost … in constant disbelief. I feel like I missed so much of what I should have known. Or was it that I wasn’t supposed to know. I’m not as philosophical as I used to be. Now I just wanna go home. All I think about is having to wake up in Iraq for another day. Fighting a war that isn’t even really our war. Its THEIR war. They fuckin hate each other. If hate and destruction is their culture … then please … let them kill each other off. I’m tired of moving injured soldiers knowing that their life will forever be changed at a hate we can’t stop. And the soldiers we lose … A soldier and Marines honor is undeniable. I’m not downplaying the other branches … but the majority of our losses are the top two.
Just know that when you go to sleep at night in your warm bed … theres someone in Iraq freezing their ass off surviving on courage and the will to come home.

On a lighter note. I love cheezits. No really. They’re fuckin awesome. The white chedder ones. And I’m still waiting on my deer jerky lol if you can get your hands on it SEND IT lol [address available upon request. OPSEC ya know]

Ok so I’ll end with this. Through all the pain, sadness and fear I’ve felt … there has been happy times. Times where I’ve laughed my ass off. Some may not understand my humor … but its not meant bad towards anyone really. Just a way to kill the monotony and lighten the current situation.
Some may never understand what you went through … some may never care … but just know that there are thousands of people who relate. We all have been through some weird and crazy shit … life doesn’t have guarantees … or a refund … or a free pass to get what you deserve for your suffering … ask the department of the army lol up until recently they were making soldiers pay back bonus’s they received after they were medically discharged for battle injuries. Sad. We are the last on the list. Always thrown into situations in which the outcome can’t be predicted or controlled … and getting shit on for it.  But all bullshit aside … I will be a soldier til death. And anyone who claims they are one … but aren’t … need pinned to a wall and jabbed repeatedly with a combat boot.

Saturday, January 26, 2008
:. Awards and Misconceptions .:
Current mood : listless

It may be the time I’ve been over here thus far … in a unit that does nothing but use its junior enlisted as a tool to do details that no one really cares about in a combat zone … but awards … they give awards for some stupid shit … but doing a lot for the mission ? Is just so ‘eh’ to them. Gotta just love how that works. I mean don’t get me wrong … I don’t give 2 fucks about a stupid award. They’re not gonna get me a better job when I get out … and I don’t plan on getting promoted since I’m getting out and don’t much give a fuck about the remainder of my career. Some people live off that shit … kissing ass … or trying to get awards … who gives a shit. At the end of the day … you still end up doin the same stupid shit and dealing with the same stupid people. So am I against awards and medals ? Hell no. If they are deserved … then so be it. You deserve it. But why give an award for doing a stupid detail. That’s like giving someone a Medal of Honor for participating in pride week … and picking up the most trash. But anyways yea … theres my annoying rant of the day.

I’m ok tho … just wish I had a good outlet to take some shit out on. Lol like a punching bag … or a cat. (just kidding)

Anyways. So a couple ppl told me the same fucking thing this week. That they can’t see me married or ever having kids … that they just see me partying for the rest of my life. Which is sad, cuz I’m not sure how to take that. Is that how everyone really sees me ? Just someone who’s gonna trek through life just to end up alone ? Yea I dunno. Had me thinkin tho. What if they’re right ? I mean I could care less … cuz if that’s what’s supposed to happen then what am I supposed to do about it. Either way, I’ll be ok … sure I’ll be bored lol but whatever. But regardless of how I do really end up … I am not getting a house full of cats lmao so yea … I should be good.

But still, really how am I supposed to take that ? I know not everyone thinks that … but damn. Makes me wonder what else they’re thinking and just not telling me.
Its amazing how you can be seen through the eyes of others. When you see yourself in a place not even remotely close to where they do. What do you say ? Or do I just do what I always do … lose myself in the only thing that has never failed me … music … I drown myself in it … because sometimes its really all I have.

Wednesday, February 13, 2008
:. LeftBehind … How could you … .:
Current mood : disappointed

Its funny how a news headline draws you in. Just a simple sentence that makes you go, ‘WHAT THE FUCK!?!’. Today I stumbled upon a doozy. ‘Bipolar Soldier Taken From Hospital, Sent To War’
If anyone is wondering why so many soldiers are way more fucked up than others … its because most soldiers are on their 2nd, 3rd and 4th LONG combat tours. One interesting fact that popped into my head when I read that headline was that what is it … like 30% of the army haven’t even deployed … like ever. So, these soldiers who ARE getting pulled to tempt fate with every sunset over here, are doing so because others are either finding a way out of deployment or whatever reason they are using to justify no fighting alongside their fellow soldiers.
Its sad to say it, but while some soldiers are emptying magazines like a bottle of water on a daily basis … others are using their rank and ass kissing abilities to sit on their ass … not giving even a second thought to what breaks other soldiers need. Its all a game. And its annoying as hell to see soldiers come back in all sorts of mental disarray … and commands not giving a shit. Which lead me to ask … What’s the difference between the amount of tours ? Some soldiers can go like 4 deployments … combat deployments not fobbit deployments … and handle it surprisingly well … When others can barely make it through their 1st.

Everyone handles things differently. What is just another day to one soldier is nightmare to another. I can’t stand the concept that those fuckers randomly shoot rockets onto the fob … making me a collateral target. So I can’t fuckin stand to hear anything whizzing above me … but I’m not diving into bunkers every time I hear a door slam or shit like that. I don’t dive under shit every time I hear the incoming siren go off, but I do because its required. Because honestly, if I’m gonna be a collateral casualty of some sort of insurgent reach for superiority … what the fuck can I really do ? I can’t exactly line anyone up in crosshairs and double tap them in the fore head. I just gotta sit and wait … and hope that if the siren is actually legit … that it don’t hit too close.

The fact that commands will basically tell someone to suck it up and battle THEMSELVES so that theres another body is just retarded. If you’re not cleared to deploy … then you’re probably not an asset to the fight anyways. Now I’m talking about legitimate shit here … not ‘o um … my back sure does hurt. Guess I’m not deploying’ I’m talking about the realistic of it all. If a soldier is not mentally capable of dealing with the torment of war, why the FUCK would you send a fucking ticking time bomb to a place that has nowhere NEAR the adequate care needed ??

Shit, the army is pretty shitty on the care available for soldiers suffering from PTSD and TBI’s. One minute they’re eating dinner, the next they’re in the prone position by the kitchen door with a fork. Yea … that’s not fucking normal … HINT HINT. That’s not only putting that soldiers mental stability and life in danger … you’re putting everyones life on the chopping block.
The INNOCENT Iraqi civilians that get caught in the crossfire … all the way to the soldier fighting next to them. So the next time you bast ages are looking at a suicidal-homicidal ideations report … or a friendly fire incident … or a war crimes report … look at what took that service member to that breaking point. Because they may not be entirely at fault. If you push someone to a breaking point … then lead them down a path in which you can’t predict their reaction to chaos and battle stress … You’re prolonging their illness, their nightmares, their guilt … and wrapping them in it. Don’t be that NCO … that Leader … that Commander … that is to blame for a soldiers death … Don’t be the person who helped a soldier literally lose themselves at war …
Be supportive, remember mission first … but if you’re soldiers are not capable of doing said task … why would you risk so much for a decision that could cause a world of pain … not only for the soldier that huddles in a corner clutching his M4 … for the soldiers who fight along side … hoping the person they’d kill for won’t turn their weapon on them … but also for the families of these soldiers … that pray every night that their soldier doesn’t forget they’re at home … and start recreating a fire fight in their living room.

Some people keep telling me to stay in my lane … and to not worry about it … that its not my problem … but it is. How am I supposed to watch that from a distance and not try to help ?!
Why anyone could stand idly by … only thinking about how to further their career and sleep at night is fucking beyond me. Take a good look at the creed we follow … Never leave a fallen soldier … They may have not physically hit the floor … but mentally they’re seconds from hitting bottom … and no one seems to be there to stop it. Or at least to help them back up …

So to everyone who sees a war veteran suffering … sleeping in a box in a fucking alley … get them help … You owe them that. And don’t tell me you fuckin don’t. Because as an American citizen, you most certainly fucking do … And if you don’t like the responsibility of caring for those that would, will, and do take bullets to keep this country is carefree as it is … in my opinion you can get the fuck out. No one will miss you.

Look at how shit is today. Heath Ledger dies … the world erupts in tears … but forget that on that very same day the soldiers that gave their life for this country. The fuckin Golden Globes were cancelled … whoop dee fuckin doo. How many of those bitchy fuckin celebrities do you think took one fuckin minute out of their day contemplating taking a visit to the warzone to visit the service members over here. Not many.
So, send off a care package to a random soldier (exclude hotel shampoos and expired food please), let them know you care … get a homeless veteran the care he needs … so when you go to sleep at night … you know that by doing so, you have made a difference in the ones you so easily call hero’s.
If superman fell face first from the sky … would you walk away ? I’m guessing not. Do your part as an American … help each other … stop being a fucking piece of shit … stop only thinking of yourself … because when the world starts falling apart … there won’t be anyone there to save you …
Lori out

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Saturday, February 16, 2008
:.The Air I Breathe.:
Current mood :  contemplative

Theres always something I just don’t get. Like wtf makes it so hard for me to sleep ? Why do I get headaches almost every day ? But there is obviously no answers to it. There never is. Its not really relative to anything. Its just that … well … honestly I’m not sure anymore.
5 more months til I go on R&R … and 7 months till I’m out of here. Then when I get back … I’m gonna volunteer to deploy with 47th CSH. That way when I get out I’ll be set money wise … and not get out with nothing. At least I have somewhat of a plan.

I’m not really sure where I’ll go from here tho. I really have no idea what will actually become of me. By the time I get out … I’ll of hit my 10 year mark … and after 10 years … honestly … why SHOULD I get out ? I guess a lot of it has to do with the fact that I’m not exactly a conforming type of person. I pretty much make it through each day trying to convince myself that somehow I’m making a difference to someone. When, in actuality … what have I really done ?
I’ve picked up trash, swept dirt, did reports for people so that they don’t have to get them their selves … so I have done nothing. Well that’s how I see it. Maybe with this next deployment … with  a CSH … maybe I’ll be able to help someone. I mean … I work my ass off trying to find way to help everyone else … and that also pushes me … but I wanna actually HELP soldiers … but how can I do that from behind the screen of a computer staring at spreadsheets.

And in many ways, I feel like I’m fading. Fading far from my family … my friends … I just don’t feel like I’m there when I’m needed … If I’m needed. Which I also doubt… I’m like the last piece of luggage on a baggage carousel. The one piece someone forgot … or didn’t want … so now that its unclaimed … it evolves into a box of nothing. Some things are just not meant to be found.

So until then … whatever bright light I thought I seen … has been blocked by twalls and lost hopes and dreams. Here I am … waiting to work yet another day without meaning … for people who only think about themselves and what will make them look better. Thankfully, I don’t do it for them. Most of the reports I don’t mind doing because it helps someone else do THEIR job … if I have to be the go between … then it is what it is …

I guess I just wish that there was a reason for all of the monotony and contradicting factors that seem to have me trapped in this cocoon. Desperately trying to claw my way out … but I guess I’m too weak. For now at least. I’m letting the names get to me … the people that fought so hard to not make it … the fear that I’ll have another close call like Danny … not sure I’m mentally capable of handling it. I mean I’m doing surprisingly well with all that … but when do I just drop my sword and quit fighting a battle I know I can’t win ? I know. I know. I’m a metaphor whore … but how else can I explain what I’m thinking ? I try to say what I’m mean … but I can’t just say it … and I’m sorry. That’s just not me. I’m a song in blue ink … a river of blood… a ticking fuckin time bomb …

Maybe I’m overplaying it. Its possible. I never give myself enough credit … or so I’m told. I don’t try to be smart. I don’t try to be liked. I don’t try to be something worth fighting for. Because, in my eyes … I’m not. I’m just another self portrait of misled disorganization and failed lab testing. But Frankenstein got himself hitched, so I gotta have a chance.
Anyways lol I’m doin ok … just confused and lost on the conquest. And no amount of twall and sidewalk chalk can lead me to where I need to be. I have no idea where I’ll end up. But the one thing I DO know is that I’ve made it through some fuckin crazy retarded shit … and if I can make it this far … who knows how much more I can endure without shattering.

I’m a play in human form … I’m a definite mystery. But I’ll always be me. Love me or hate me. I’m the crazy one … the one that always has something to say … the one that will not back down if I feel I can really make a difference … I’m the one that throws a new twist to random … and I’m fine that way.
Welcome to my world … I guess
Wipe your feet.

Wednesday, February 20, 2008
:. Lost in words .:
Current mood : okay

Ok, so before I go into this … I’m actually in a pretty good mood. So don’t mistake the following for a rant or anything like that.
Despite what has happened in Iraq, my head is still screwed on tight. Rockets, mortars … needless deaths … Its all too surreal now. The dreams get worse by the day. Dreaming of pulling bodies out of mud … that was last nights …. was a creepy and eerie dream to have. And the same feeling came over me from the other day … during the incoming we got. That hollow feeling … of always knowing about crazy shit … but never a hint of the good shit. The empty feeling of not knowing how to react and realizing that you’re alone again … no one to look at you or say “holy fuck” with you … weird i know. But then again … you know what they say. Crazy people never think they’re crazy.

But if my actions thus far have been any indication … I don’t think I’m doing tooooo bad. I watch people everyday in worse condition from the stress alone … mental crumbling and no one really notices … or seems to. And it definately got me thinking. No matter how many people say they care … do they ? Here on the FOB, no one is fighting for another day … for another chance to make it home. We sit here, providing ‘support’ from within concrete walls and security …

So how bad do we really have it ? In essence, its more along the lines of wanting to do your part and doing at least one go-round so that you can understand your fellow soldiers when they redeploy … and jump at the slightest noise, get all ancy behind the wheel of a car … suffer flashbacks and try to engage the enemy at walmart. But in some way, most of us get the gist of it. It sucked. It wasn’t easy … and no one wants to remember that kind of shit.

Its also damn amazing the level of disappointment that is seeping over here. It’s like a fuckin gas leak no one knows about. It affects so many people, and no one ever thinks that it could of been prevented … because they just dont know how it all started in the first place.

I hate this damn country.
I hate bossy e-4′s …
I hate stupid nco’s …
I hate ignorant and ‘all knowing’ officers …
I hate dirt and mud
I hate monotony … but I love being a soldier … yea. an odd mix
I hate the army for a lot of things …
I hate the stupid unrelenting decisions they make…. especially the ones that have never once served a day in the military yet think they know how to conduct a war. but I love putting on a uniform and knowing that I put everything I wanted aside again … when I left and joined the army during a very unpopular war … KNOWING i’d end up here.

It just makes me sad. So many people … shackled to this place. No choice in the matter … we’re here because of an order … but what difference its making i’ll probably never really know. It definately makes you appreciate shit. I miss beer … 4 days … having the weekend off … calling ppl when i want to … civi’s … goin to concerts in seattle … I miss being able to be me. I can’t do that here. Too many ppl have no sense of humor. So, I guarantee you … I’ll spend the majority of my time off here alone … but at least its not time spent working … I guess.
But not all is lost. I got a my book-o-chaos with I’ve named “Rush to Ashes” with everything I write in it. I have music … my outlet. I have the friends I rarely get to see … but i have them.
I guess all in all … I’m okay. Just wish I had the answers to the questions that keep circling in my head.

.

Saturday, March 01, 2008
:. Bravo Chap … and blah .:
Current mood : bored

So, I’m just gonna go ahead and give Prince Harry props. He’s a fuckin ‘prince’ … its easy as fuck to get out of doing anything. Yet he persisted and fought to be able to be a soldier … a normal soldier … so I give him props … because he didn’t have to … he wanted to … So yes. High 5 to you for not being a pussy … and fuck you media for yet again fucking things up. I dont give a fuck if Bruce Willis joined the army and decided to deploy … seriously … get a fucking life and realize that what you report on … everyone can see and you are putting lives at risk … half the shit you report on us makes us an even bigger target. So, pop your vicodin so you can sleep tonight because if you can sleep easy knowing you’ve probably given someone a death sentence than you have fucking issues.

Anyways, nothing exciting over here in the gayness. Its boring as usual. Been hangin out by myself … but my room is mad clean lol and organized now … so its whatever. I also downloaded Jeopardy and Wheel of fortune (the new ones) so that gives me something to do. Work is ok. I guess lol. I mean its the same shit every day. lol i mean it has its random spurts of “WTF?!?!” and what not but whatever. Brass can deal with that shit … and they did today. haha i win. so =p
anyways. I’m a wee bit tired. so I’m gonna crash. sweet dreams my jedi wanna b’s. Be safe, clean your weapons … and clean your ass. lol yea.

.

Saturday, March 08, 2008
:. Dew vs. Ninja .:
Current mood : confused

Sometimes we all just get to a point where nothing seems real. Nothing seems valid. Nothing seems … to be in its place. My life has always been in pieces. Some here … some there … none ever close enough to fuse together. But I’ve always made it. I’ve always found something that made it a little better than the everyday chaos.
I guess lately I’ve been thinking a lot. Overthinking maybe ? Most of my words are litterally random. I dont think any of it is relevant … cuz the words I need to come out … wont. Not sure why … what the fuck is there to hide. So, my goal this week is to find out where those fuckin ninjas are … plot an attack … and boot them the fuck out … they’ve caused enough damage in my head.
In other news lol yea. so Iraq still blows paul bunyuns crab infested balls. but o yea. dee dee dee … its Iraq. lol not Australia. blah. but dont worry. I’m fine … just confused by a lot of things that I cant find the words to explain. I just know that ‘why’ is in most of the questions.

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Saturday, March 15, 2008
:. I can sleep at night … can you ?.:
Current mood : focused

So, I have since calmed my nerves. But I will never understand the blatant intentional disconnect between trusting your soldiers judgment … when they have never made shit up about a mission. I do way more than I have to every day … not because I think it will make me look better … but because I know how much what one simple thing can affect people in theater and their missions. I do whatever I can … am as helpful as I can … regardless of how much work I have to do. I WILL find a way to get a soldier out of this shit hole. If a soldier (other branches too) need to get out of theater and I can help, I do just that. I’ll make a million phone calls … enlist the help I need and somehow find a way to get shit done. Last night was a pretty good example. We had an urgent and 2 priorities. The medevac unit responsible for said mission refused to fly. Mind you … the weather was fine. They just didn’t want to do it. So like I always do, I notify my favorite and most dependable unit before I even called who I now call Evil Jerkoff. Think about it. 3 us soldiers … 1 was urgent on the flight to Germany … which means he NEEDED to get out of theater to get the medical care he required to give him a chance … and they said “thats not our mission” Are you fucking serious ? Since when … So yea. Anyways … So the weather was gettin bad and my nco was STILL on the phone with these idiots explaining that it was their mission … williams told me to say when basically. I got tired of waiting for those assholes, so i gave them the go ahead. They got the pts there and made it back alright thankfully. Later to find out, that the soldier had to be resusitated twice … then ended up being the OR for like fuckin 6 hours and the receiving csh. And these idiots did everything they could not to fly.

So yea. Williams and I are officially the shit lol … see all that was needed … was a good reminder … never leave a fallen soldier … but some people are retarded. But its ok. We pretty much tag teamed that situation. We got thanked later by the NCO at the CSH. She said that she was so relieved when the birds landed, cuz she knew that this certain unit was good at their job … they always come to the rescue. I so heart them lol  Anyways … she said that our decision to say ’fuck it. launch.’ saved that soldiers life. So, tonight … er today … I will be able to sleep knowing that I did my job. A lot of people downplay our job, like we dont do anything. But I’m fuckin awesome at my job. So yea … fuck everyone who wants to talk shit lol

Yea. I’m a ’fobbit’. But I do my job for every soldier outside the wire.
So to everyone who thinks that e-fos are stupid and dont know shit … guess what mother fucker … you are wrong … again.
I am fuckin awesome at my job … so dont hate …. appreeeeeeeciate. 
Another day down, another night of AKO IM and Curveball … I may not be perfect … I make mistakes … but i correct them …. and I have yet to make a mistake where someones life was involved. And I will continue to do my job the best I can … help out pretty much anyone who needs it … until the day we are in the plane out this bitch, the door closes and we are airborne.

::… THERE IS MORE TO THIS … BUT OPSEC …::

Monday, March 17, 2008
:. Somewhere in between .:
Current mood : accomplished

Its funny how life works out. Never had this thought occurred more than recently. Things you never thought or expected to happen, people you lost and never expected to lose so soon … even songs that didn’t mean as much as they do today. I’m not a complete sap, but I believe that if things happen for a reason, then the maze I’m in right now … is long as fuck. Either that or I’m lost.

Either way … a lot of frivolous things have become more innately dominated in the last few months. I’ve done a lot of ’soul searching’, if you will, and have yet to really come up with anything. My head is so filled with thoughts, fears and expectations that I can’t seem to organize them enough to task them. But work is currently taking up most of my mental energy, so I’m more blank and vacant than anything.
I always tend to get used to things that I shouldn’t, do things I know has no conclusion and fear things that I can’t stop. But life will go on whether I come to terms with all that shit or not. Its not gonna stop to draw me a picture in crayon and finger paint’s. So, there is no other option but to roll with the punches and bust out the IFAC if necessary. In the end, all will be the past and I’ll have what I’ll have for a reason. So therein lays the biggest question of all. Where is the fuckin rest stop on this road to nowhere ? Cuz I could totally use some real food and a beer.

All the questions that race through my head will never be answered. Not all of them. Maybe a few, but I already know I’ll go through life wondering. As long as there is an escape from all this monotonous random chaos, I shouldn’t leave with too many bruises. Which, honestly, is completely irrelevant. Because there are an elite few … the friends of mine that are more like family than anything else … that will gladly call me a dumbass and pull me up from the dirt. The ones that will tell me to stop bitching, hand me a beer, and suggest goin to Olive Garden. Lol
At the end of this (whatever ’this’ is) there will probably be a list of shit I failed to do. There’s always a list of the negative shit. But I’m obviously no where near the end. My 25 year old punk ass is lost somewhere in the middle. I’ll make my way someday.
Right now, I gotta deal with what I got in front of me. The duties I swore to take responsibility. The people around me that I vowed to stand by. The extra shit I get myself into that ends up helping more people than I could ever imagine. I’m never the ’point man’. Yet, somehow, I always end up either getting myself involved or being asked to help. And its odd to think that I have spend almost 8 years in the military … and will get my first recognition soon.
Some things just don’t matter to me. I don’t care what people think of me. I really don’t. I don’t do it to make myself look good or to get promoted. I do what I do because I have the ability to help others. And if I can make someone else’s job or mission even a little easier, then I have done my job. I will continue to do whatever is necessary, at the drop of a patrol cap, to assist my fellow soldiers and military counterparts. I’m probably the one that SHOULD be an NCO. I just don’t want it. I’m done after this enlistment. I’ll use the assets I have available right now, and continue to make fun of the people around me for being stupid and looking down on those that do their work for them.
=)

Tuesday, March 18, 2008
:. Out-dirka-standing .:
Current mood : hyper

Today was odd. Really odd. Yea. Lori got an ARCOM.(Army Commendation Medal for those of you who are like … ’mmm’ … what the fuck is that?’) And as story has it, the first one to have an award upgraded in brigade. Not really sure what timeframe they are referring to lol. So it could be in the last 5 years, this deployment … or way back in the day. Didn’t ask. Don’t care. I’m just surprised that it was upgraded. Didn’t know the army actually upgraded shit lol. I thought that box was there to make the appearance that they aren’t complete assholes lol. Yea. I’m still in a WTF moment. Cool … yes. However … I still don’t think I deserve it lol. I’m not big into awards … as you’ve seen in my previous blogs lol.
I finally get some time off. Odd that it coincided with the awards ceremony lol … but whatever. I get 36 hours off and away from MRO. Wooo hooo ! Lol But yea … I’m in a good mood. Lookin at my friggin certificate and the little green and white award thingy … for helping to develop a weather, maintenance and aircraft tracking ’widget’ that is now standard for the entire Iraqi Theater of Operations. LMAO I’m waiting for someone to come in and be like “just kidding” and take it back lol
Ok. Yea. Enough of that alsfkjalsfkj. Lol
Anyways, I’m bored as fuck already. And its only 1230 lol I still got 34 hours to go of absolutely nothing lol. Um. I’m eating cookies … cuz they fuckin rock. My feet are cold cuz I’m too lazy to put on socks. Haha My life is so damn boring lol I’m just glad that I have people around me here and friends … literally around the world haha to keep me amused. Well, if the internets not being a whore … Or the fuckin generator eats a dick.

Oh! I can’t believe I almost forgot … there is honeydizzle in the fridge. Now that deserves a WOO HOO! Cuz yea. It’s probably all I’ll eat in the next 34 hours. MUAHAHAHAH. Um. Yea so I don’t really have much to say. I’m just filling it up with words. Cuz it makes people thing there is a point to the babbling. Hahah there isn’t’. Ok so its 1230 … and now I wait.

Saturday, March 22, 2008
:. It only takes a minute .:
Current mood : disappointed

Some days start out bad … and some just end bad. Today was a bad day. It started out ok … got the shit done that I wanted to get done … with the help of my co-workers. The second I got the phone call … I just knew. I knew the rest of my day would suck. Not only did I get in trouble and put at parade rest … for what I considered just me trying to get my part in … but threatened with an article. Now don’t get me wrong … I get the rank thing … but I did not come to Iraq to pick up trash … tho that seems to be our units mission … I’ve said it before …  I dunno … maybe its just me … the perception that people downplay our mission here to mean almost nothing. I don’t think they realize that lives are involved. And they ALWAYS come back and make sure that we send someone out unless we are down to one person. I have yet to see other people do that pretty much every time. Its just dumb to me that they have to do that … Who knows. All I know is that there are reasons that I love my job … and reasons that I hate it.

I pretty much got some people to realize that I don’t give a fuck about my rank. If I think something is stupid … I’ll be the first to tell you. If I think that what you’re doing is stupid … I’ll tell you. If I know that your actions and decisions could ultimately effect a mission or a life … I will tell you. I know that I’m a pain in the ass to work with sometimes. I’m just very particular about how some things are done. But I do what I can to fix things. And as I was told last night, “You’re probably the only one that cares”. Yea. Maybe so. It would definitely explain a lot. Either way … I’m gonna do what I do … because what I do can effect someone else. The question is … do you want it to be positive or negative. Everyone knows I’m known for my mouth. If I could shut it then I’d probably never have a problem. But the sheer audacity of someone to downplay OUR mission, in my eyes, is disrespectful to us … for everything we do … for the hours that we work … for everything. I honestly could give a fuck less who respects me. I’m not here for awards, praise and all that bullshit. I’m already here, so why not do my job right. Everyone knows that sometimes you need to sway out of your lane. Sometimes to help people that could potentially help you in the future … and sometimes to save a life. Now I may be wrong for a lot of the shit I do in the army’s eyes … but am I hurting anyone ?

No. I’m just trying to help. I’m just trying to do my job the best I can to get soldiers where they need to be. And if I’m wrong for doing the right thing … then so be it.
One other thing that gets me. I seriously don’t understand it. How can someone say “People die.”? There’s no way I could ever just say “heh. That sucks … anyways … so back to shopping.” When a soldier … well … doesn’t make it home … and it is in any way brought to me … I kinda of have a moment of silence. For the life they lived, the sacrifices they made, the family they left behind and the courage it takes to do the job some do. I take that moment. I don’t just shrug it off like ’oh well’. I mean, I know there aint shit I could do … but seriously. Maybe its just me and I just have a soft spot for that. Maybe I’m not as heartless and hardened as people think I am. If that’s what it is … at least I’ll be able to leave the military with an understanding … and acknowledgement of the events that occurred here … a respect for those that escape death everyday their boots are on ground. My time here is not going to be worse because I took that moment out of my day. I don’t have to know a soldier to feel bad or wish the outcome didn’t end in 2 canceled evacs. I’m not stupid or wrong for that in any way… I’m human. And I understand the consequences of the mission here. The risks of  every second outside the wire where soldiers pretty much cross their fingers and hope to get back for chow … or sleep … or even just a minute to themselves.
I get it. I just wish others did. I wish others could understand the effects of incidents in combat. You don’t have to step outside the wire to get it … well I don’t … but that’s probably cuz I know a lot of people that do just that. Some are dumb as fuck lol but I still respect ’em for doin it. If you can’t have enough respect for your fellow soldiers to at least stop thinking about yourself … then I feel bad for you. Because you’ll probably never understand … but then again. It doesn’t really matter if you do. Those of us that DO get it ? Don’t worry. We got it.

.

Sunday, March 23, 2008
sahj;dlkfsal;dfkja;slkdfj
Current mood : frustrated

So yea. Today wasn’t really any better than yesterday … well … it was better … no yelling lol but still its the whole being ’scolded’ for doing the right thing. I’m sorry … what I did last night is not wrong. because the people I notified didn’t know. had the 9L been given any earlier, there would of been a chance for complete fucking disaster. because … yea … e landing.

Either way. I win yet again. Because regardless of what you tell me to do, i’m gonna do it anyways … because its not hurting anyone. its not confusing anyone … I’m simply relaying important potentially life saving and distaster avoiding information out to those that need it.
So yea. You can hate me for the way i react or the way I dont … you can hate me for not letting down and persuing what i consider important … you can hate me for making sure everything is correct and trackable causing your lazy ass to get negatively noticed … its your choice … I dont care if you hate me. I’m gonna do what I do because everyone else appreciates that extra phone call letting them know that information.
Fuck it. This crazy bitch is taking her ass to bed. So until next time … laskdfjlaskfdjhalsfjaslk;fj

Friday, April 04, 2008
:. A little bit of Americanized ventage … and a big fuck you to stupid rich bitches .:
Current mood : disgusted

“One of the attackers was serving a 117-year sentence for attempted murder and assault with deadly weapon. The other was serving a 25-year sentence for first-degree murder.”

Ok. I may be a little tired right now … and foggy from the consistency of dirka gayness … but how the FUCK does that make sense ?
You can commit first degree murder and get 25 years … but if you get charged with ATTEMPTED murder w/assault of a deadly weapon (but no one died) you get 117 ?
Wow. That’s a 92 year difference. And completely fuckin retarded. So you get less years for premeditated (planned) murder but assault is higher ? Something is definitely wrong with that. But then again, its California. No offense, but c’mon. its AAAAArnold.

But yea. For some reason. That kind of pissed me off. But it never fails. Its just the way it is. Nothing in this country makes sense. Like why the rich don’t share their wealth with those less fortunate and get a homeless citizen off the street. Americans are dying in allies because of greed and the self centered holier than thou bullshit. Then again, these are the same people who talk shit about the same group of people who risk their lives daily to give that fuckwad the right to call us murderers. How about this cuntbag … (Sharon Stone … bitch was talkin shit) how about we all just sit on our asses … and when they start blowin shit up and take over our country … and you lose the right to speak freely and wear whatever you want … or show your face … then you’ll be asking why we didn’t do anything to stop it.
So fuck you.
Oh, and while you’re at it. Come on over here to Baghdad and see if they care what you think. They’ll kill you in a second without hesitation. You want the iraqi’s to stop being killed ? Talk to them, cuz they’re killing each other.

.

We build them schools, they blow it up.
We help to repair a mosque, they blow it up.
We try to ensure running water and electricity.. they blow shit up.
Our soldiers are out patrolling and doing security and training the new Iraqi Army … they find ways to hurt us. What kind of parent allows their fucking kid to play with explosives ? By throwing a grenade, regardless of the age, is just solidifying what people have been saying for years. Its hopeless. Fight each other to the death. I’m tired of us losing soldiers to unappreciative fucks. They’re sitting on an oil goldmine and don’t want to tap into their own resources.
Saudi did it.
Qatar did it.
But no. They pay people to plant ied’s and efps …, and give kids dinar to get a live grenade into the gunners hatch of a Humvee. Everyone else … is caught in the crossfire. You have to remember where we are. These are not normal people. Do your research … learn some history … take the time out of your day to say “that could have been me. Thank god for volunteers.” That is exactly what we are. For whatever reason, we signed up to do this … we knew the consequences of the nature our mission. Look at any fireman or non corrupt cop and tell me they ’didn’t know’ they could get shot or die in the fire they’re trying to save people from.
They know the risks.
They take the precautions necessary to stop that from happening.
They train and have the best gear they’re organization can afford … Volunteer Military. We do it because we can … so that the public doesn’t have to be in danger of the chaos other countries deal with daily … what has become everyday life … goin to sleep at night hoping they’ll wake up … or letting their kids go to school and wondering if they’ll make it home alive … and we do try … we really do … but have a little respect. If they dropped the draft … BAM … YOU will be the one ranting about stupid ’fellow’ citizens with a ’but I’m famous’ status. Blah.

Not sure how it got that far … All news lol. I went from the judicial system not making a damn bit of sense … to how some cunts will talk shit when they live in mansions.
(BTW, good for you. You can kinda act. Hows your body guard doin? Huh? Would your co-star do everything in their power to save your life? … even if it means giving up their own? Yea didn’t think so.)
You can stay in your fake, controversial world. You think you have it so bad. The paparazzi are following you and people are invading your privacy. That comes with fame idiots. Stop doing stupid shit and they’d have no reason to try to catch you doing something stupid again.
When you are getting shot at by the people you’re trying to help with bullets, rockets, mortars … and happen to hit an IED or an EFP that takes the soldiers life sitting next to you … then I’ll listen to your blubbering. Until then. Shut the fuck up and entertain me.

Thursday, April 17, 2008
:. A long and crazy road to truth .:
Current mood : thoughtful

So a few things began to sink in recently.
At any point … at any time …
I could be at the wrong place at the wrong time … and *poof*. Lori’s gone. The more I think about it, the more cautious I am. Because shit is random here. Very random. One day its pretty quiet. The next, the siren goes off … rockets impact.
Then mission shit and the chaos that is Iraq floods our facilities. Then nothing again. And while I’m here, safe behind these T-Walls of Fort Dew… an AK 47 round slams through the ceiling of a building.
I think it’s the constant random that gets me. Never knowing what is gonna happen next and knowing I can’t fight back. I just gotta hope its not my time. But despite that random chaos here … I worry more about those that are out there fighting every day. The ones that fight so hard to make it when their bodies are just incapable of pulling them through this one. It sucks. I hate when a mission is canceled because they never made it out of the OR.

Across America, Iraq, Afghanistan and other areas of mayhem; there are those who suffer silently. From PTSD : the nightmares, the constant fear, the hyper-extensive alertness, the questions that never seem to have answers. Its all relevant to the battles they’ve fought, the things they’ve seen and heard, the experiences that are so life altering … that it changes the way they think, act, and see things forever. And that’s the kicker right there. I already have nightmares and all I’m exposed to is rockets, mortars and stray bullets.
Its just sad that so many are forgotten just because they don’t have a visible scar. I just wish there were more people with money that would help sponsor these soldiers, Marines, Airman & Sailors.
The war veterans of the modern wars lacking understanding of WHY it is this way. Vets of past wars that feel the same and have seen the chaos as well. But no matter what anyone tells us … we know what we saw; what we heard. And there are no amount of transparent care, medication or words that can change that.

The media doesn’t help AT ALL.
Reporting all of the bad things here. But not once did I see an article about the good we’ve done here. Not once has there been an article portraying the bravery displayed here everyday by our relentless and trained war fighters. Some good news seeps through, but its usually masked by previous chaos and heartbreak.
Matt Maupin, who’s body was finally recovered after being listed as MIA 3 years ago. Good that he can finally be laid to rest, but heartbreaking that his life ended so soon in this war torn country.
You have to put things into perspective everyday to even come close to understanding the mechanics of it all. We will never totally understand. Why is religion the blame and reasoning that fuels the bloodshed? How can you KILL in the name of a god? It doesn’t make sense. And that is EXACTLY what fuels my hesitancy to ‘choose’ a religion. So much to the point, that I’ve given that up. It doesn’t matter what religion you choose. Someone somewhere will have an issue with it through centuries and decades of belief and teachings … and just what you believe in puts a laser site between your eyes.

Its sad that all I’ve been able to think about is what you’ve read above. If you even made it this far. The other thing that is slamming into question … is my future. The plan is to redeploy back to Fort Lewis, go to AU with Spaz for Christmas and new years, come back in time to deploy with the 47th CSH one last time for another year; leaving me with just a few months left in the Army.
And while I’m proud to call myself a soldier, I am more than happy to finally walk away from the military. From the deployments, the bullshit, the condescending tone of ‘Specialist’; being protested against for defending the right to even protest. While I’m glad they are using their rights … why the hell would you protest, degrade and defame the same individuals that VOLUNTEERED to defend this country and every stupid fuckin thing it stands for.

In my eyes? You’re taking your ‘rights’ too far.
How can you call me a baby killer when all you’ve every done is write hateful words on a piece of paper. How can I be proud to serve this country … when the majority of its citizens hate us? Now my numbers theoretically may be off … but all the damn media fuckin shows on TV is video of the hate. Show us why you deserve what we die for.
You’ll remember how many times Britney Spears and Lindsey Lohan have been in and out of rehab … but do you take a second out of your self-centered day to think about us?

Did you take a moment of silence when the news ran down the names of the KIA?
No.
You got yourself a beer and turned on HBO. For those that do not fall into the category I like to call degenerates (and fuck you if you are talking shit right now, WE are here right now … not you) … THANK YOU for all your support.
You are what offsets the bullshit we have to hear about.
You are what makes us forget about all the stupidity.
But please. No more old hotel/motel soap and shampoos lol

One last thing before I bounce.
Today we are having the worst dust storm since I stepped boot to dirt. Its pretty shitty. I got new pics up if you’d like to see them. Its weird. I walked outside and the first thought in my head was “The sky looks like death today”. The palace that I can see VERY clearly daily is lost behind the wall of dust. I can’t see it … AT ALL. Its fuckin eerie. Because if we get incoming? We won’t see it til it breaks the ceiling. I think the people who are against this war need to come here.
Honestly. We would gladly leave. The insurgents and terrorist backed organizations are to blame. We get an area fairly safe … they come in and bomb a market. They are trying to tear down every effort we’re making … Every step closer we are to leave … they’re trying to destroy it. Yet they bitch cuz we’re still here. American troops DO NOT and WILL NOT walk away from a fight. Its just how we are. We WILL make it through this. Its just how we’re configured. We will walk through fire, wipe the dirt from our eyes, and clean the blood off our skin to do what we came here to do. It’s a military thing. Why do you think we salute the way we do? Look it up.

And finally … in closing … Lori is tired lol and is finally cleaning her contacts. Yaaaaya! I feel bad cuz I wasn’t there when Spazizzle called … I wanted to be there … we just didn’t make it back in time. So yea. Guess I’ll talk to him tonight lol. But anyways. Be safe out there. The world is losing its ground … Watch out for each other. Don’t be the one that makes the news in a negative way. The media seems to be twist-printing what they want … don’t be their headline. Do what you do. Do your job and do it well. Cover yer face if ya can … don’t wanna be goin back to the world with dirka dust coated lungs.
That’s all I gots for now. ( I know. You’re relieved. Lol )
Out here.

Saturday, May 03, 2008
:. Melting Stone .:
Current mood : inspired

Ya know. It never fails to amaze me. I already did my ranting earlier. So I’m much less prone to stab anything in the near future. Consider yourself lucky today.
Everything that drowns out the sound of stupidity is never there when you need it most. That’s when you remind yourself of the good things that still leave you speechless. I have no idea how I’m gonna make it another 6 months here. So much drama. So much stupidity. So much selfishness.
This last month has been both trying and awesome. Some things I still don’t get and others I don’t care if I ever do. So many small things have intertwined its way into the days over here. One minute it’s the incoming siren … the next I’m left speechless but a single look. Its kind of hard to do that … in case u didn’t know.

So regardless if I let something get the best of me and let it anger me to the point where I get the urge to kill a squirrel … I have one thing. The one thing I thought didn’t actually exist. So once the anger and hate for this place starts to creep into view … I just bring back one of the snapshots I took on the 23rd and 24th … And all I can do is smile. (Yes. Lori smiles.) Am I still in disbelief? Very much so. I was always led to believe the exact opposite of everything I’m told now … I was always thought to be the example of what its like to destroy yourself … And for some reason, I stumbled upon something by accident. And I am not sharing. Well in a few months I wont be lol I can’t even tell you how irate I was earlier. And it always ends with stupidity or something completely retarded. Then when I got back here … I had this flashback. In about 2 seconds I went from pissed off to a sappy bitch.
Lol
In an effort to maintain my sanity from the shit I gotta hear and incidents I can neither prevent or aid in … I started doing the writing thing again. I’m even more into my music than ever. So much chaos and destruction. Lives picked up in pieces, sometimes literally, and families forever shattered from the torment of the sacrifices of war … its all too much to hold in your hands.
Too much to grasp at times. I wish there was a way I could be so emotionless on days like this … when I seem to be the only one that gives a shit about a life that ended entirely too soon. The ever so popular “Yea. That’s too bad. Ok so tomorrow …” Is used daily. When a nod of acknowledge is understood. Not acting like you failed your drivers test.

And all of the good and the bad … mixed … made days confusing. Am I supposed to be happy or sad? Is it even believable to find happiness in hell? Am I a bad person for being thankful for another day w/o incoming? Is it tasteless to wish death upon the same people that wish death upon me? In the end it doesn’t matter. Everyday ends the same here. The dirt will never fade … and the darkness will only be owned by those with the equipment that allows said ownership to shine brighter than an open flame. And here I am … another day on 4 hoursish of sleep … Fighting sleep in a corner … hoping nothing crazy happens … hoping everyone has a safe night this week … and knowing regardless of what is wanted … shit is gonna happen. Madness will ensue and I’ll see it on CNN before I even find out about it here. Sad that the news can report on all the chaos and death but rarely ever the good things. Why can’t they report on the pride Americans should feel for having an all volunteer military that will give their last breath for their country? Or the fact that we sit in a combat zone risking life and limb to help secure a country that is at odds with everything … even itself? Or that regardless of how much we risk and sacrifice, we are looked at as murderers … even tho in an attempt to aid those in suffering … we are targeted and taken from this earth on some twisted religious belief? No one is perfect. People make mistakes. But when someone is willing to die for you, the least you can do is fuckin stand up for yourself and try to kick the mother fuckers out. Some love us. Some hate us. I don’t care either way. I never did this for the money. Obviously. Yet whatever reason, if an underlying one, I chose this … For as much pain and heartache I have suffered personally … it never takes a way from the fact that it was all worth it. Nothing could have prepared me for what I have now. Nothing could of led me to believe it possible. They say, you wont find it til you stop looking. I stop looking a long time ago. And through confusion and temporary insight … there it was … all by accident … yet so perfect. Never think it has all come to an end … until you stop breathing. As long as you still have a breath left in you … fuck everyone else … Do what you do. You don’t have to look for it … because it finds you. I guess it is actually possible to melt stone.

Monday, June 23, 2008
:: Stealthy Ninja ::
Current mood : numb

The one thing that bothers me the most … is not having control of my own future. I absolutely cannot stand the fact that I have to stand aside, watching someone decide how my life is going to be tomorrow. It sucks to sift through pictures wondering ‘how much longer?’. Its so many things that can’t be changed. So many things that can’t be saved & even more drowning while the days pass.
Still odd to me is how all of this came to be. None of which was intentional whatsoever. It’s a fucked up situation if viewed from the outside. Even odder, is the fact that I have yet to even sway from my promise. The more debris that hit, the more determined I was. And nothing has convinced me that this is wrong enough to back away. In fact, I will do the exact opposite. Guess now that 98% of it is all done, I’ll set my effort aside & practice some super stealth ninja skills til its all over. What’s odd about it is the fact that typically if I think there will be any sort of resistance, I pretty much bail. Enough spins in my head as it is. But for some reason, the thought of walking away is just absurd. And stupid.

So quiet. Its going to be awfully quiet in this corner. No planning. No phone calls. Just me, the iPod, a random piece of paper and a pen. A lot of shit has been drowned out by the music inside this twisted head of mine. It’s the only escape I have. And the only one that’s never let me down. The ‘placement ring’ is off of my finger … in a pocket. No particular one. Just a pocket. I figure the less I see it, the less the upcoming silence will bother me.
Now please know that it hasn’t happened yet. But when it does, I’m hoping no one will notice. I honestly don’t know how I’ll act, so if I space out more than usual, it may be why.
So in the mean time, I will pack up the last year of Iraq into boxes to mail. It is unknown where I’ll send it at this point. I have no address in WA. PA is at the other side of the country, out of my reach upon my return … & GA … well even tho I now have an apartment there … yea … issues.
I just hope that I don’t have to be all stealthy too long. But I will as long as needed … and as soon as the smoke clears … I’ll reappear. But this time for good. I know at least the two of us will be happy about that.

Wednesday, August 20, 2008
:. Back into the cave .:
Current mood : numb

Its amazing how you can have all the signs and symptoms … and still nothing. I kept saying that it wasn’t possible … because i knew better. And i was right. so now starts the packing process of leaving iraq in october. After that, who knows. I can’t take a PT test because my back is all sorts of fucked … and since i tried the whole quit smoking thing, i gained a few pounds. We have a weigh in on the 1st of September … this should be interesting.
Its sad really. the doctors always said the chance was small. I didn’t really think too much of it until today. Maybe they were right the whole time. Sure … I could always adopt a kid … but its not the same. So, who knows whats next. I know I wanna go to school at some point. Since the GI Bill pays for it. But still there will always be the thought of a chance that never was.

Thursday, August 28, 2008
:: Against the winds of downfall ::
Current mood : numb

A lot of shit has been goin on lately. He just doesn’t think. Constantly doing stupid shit. I will give him credit for the last one because he did tell me. I’m thinking afterwards … probably just a harmless one. Til I seen it. I had to see this picture. Its just the look I guess. He look so comfortable. Like he really wanted to do it. But whatever. Its already done.

I dunno. Just a lot of gayness. A lot of him pissing me off … in a very short span of time. So i have him doing stupid shit & just not thinking … while i’m over here wondering if we’re really gonna make it. I was fine really. Til recently. Now i’m basically worried. Is this forever thing really gonna happen? Does he even really want it to? Not so sure anymore. And i hate thinking that, but its being kicked around in my head. Maybe i’m not worth it. And i wouldn’t blame him really. I’m a handfull to deal with cuz of all the shit i’ve been through … i’m a skeptic by all means and so used to fucked up shit happening that i literally wait for it to. I’m not the most positive person around. Which I’m sorry for … but if he could only put himself in my position.

I’m afraid of the ground falling out from under me. Standing aside from the chaos only to watch him … hoping he remembers I’m still here. I did all I’ve done for a reason. I just hope he knows the reason. Even in my anger enduced coma … I still look for ways for him to get custody … or at least know the laws for GA. I still google my ass off trying to find information that could be useful. I stopped today to ask myself “Is this even worth it?”. The answer is and will always be the same. Of course its fuckin worth it. No relationship will ever be perfect. And we were good until recently. Maybe its cuz i’m here, maybe its because of the whole might be pregnant thing … maybe its because i’m afraid this will fall apart. Hard to say right now. All i know is that i dont want it to get all fucked up. I dont wanna have to find someone else. I dont WANT anyone else … but looking at it from a different perspective has made me see shit differently.

I’ve put everything I had into something that can’t be guaranteed. Its all based off of  hope and faith that this is it. I just wish i could say it is. But right now … I’m too afraid that he wont be thinking … forget about me … and do the one thing that would force me to walk away. It was hard enough coming to terms with it all. But to think that I was wrong about it all, would kill me. I was so sure. It took mere seconds to decide on a future that was uncertain. But still i kept with it. Dumped all I had into making it possible … easier. I just hope I didnt’ do it all for nothing.
I want him to at least be able to see his fuckin kid … that the bitch wont let him see. He deserves to see his son. Thats why its being drug out even longer. And I totally understand. And I fully support him. But he needs to remember whats still at stake. He needs to remember what needs done.

At times I feel uselessly used. Not sure by who or why. Its just a feeling I can’t shake. And I do shake. A lot. A mortar hit today. I knew it would start again eventually. So now that Ramadan is gonna take a full swing here … I’ll have to choose what to worry about. Do I worry about dodging incoming … or worry that I’ll be dropped off in WA with no one to come home to? I dont want either really. Thats why I keep telling myself to breathe, even if it gets harder to. I keep telling myself it will all fall into place and all the bullshit will come to a slow someday … that someday i’ll get to wake up where i belong … next to him … and the puppy … and it will stay like that til the Army takes him away from me again. Despite the last few weeks where I tried to blow all this shit off … (which I guess I didn’t since I cried today) I’m just gonna keep at it. Keep doin research. Keep reminding myself it wont always be like this … he dont do it on purpose. Hes never gonna be perfect. Neither am I. We’re both gonna be an annoying pain in the ass at times … the question is … Can we make it? I fucking hope so. And we better … or I’m kicking him in the shin. Twice.

Regardless … and holy fuck this is long … I dont see him doing that one thing … we all know which ONE thing. But I’d like for him to stop getting fuckin tanked right now. If he’s with Jake i dont really worry too much … but when he’s with T.. I gotta admit I kinda worry.  But hopefully he’ll use his head … the one on his shoulders.

Friday, September 05, 2008
:: Hanging from the Tower ::
Current mood : impatient

Well, I officially have 37 days left til I get back to Lewis. I can’t wait to get out of this place. But it is what it is and I’ll deal with the shit day by day. There are some things I wish I could change … I wish there was something … anything … I could do. But for now I sit and wait … in the background … hoping it all goes ok. It does kinda suck having all the money I earned that I was saving up for a well deserved vacation disappear … but its worth it. There will be a time when it all comes to an end and everything goes in the direction it should. Now is not that time.

I feel kinda useless actually. Putting forth the effort don’t seem to matter sometimes. All I can do is wait. And let me tell you … I hate waiting. I hate not being able to control my life and help those that need it … and deliver the well deserved punch in the throat to the ones that cause all the trouble to begin with. I already know I’m gonna spend a lot of time to myself when I get back. Trying to figure it all out. What I can do to make it less stressful and what I can say to at least ease the irritation.

Truthfully, none of this is fair. Being selfish is not a way to raise a child. Using them as leverage for money and causing more emotional distress by keeping something to yourself that isn’t just yours. Its frustrating to watch. The last few days haven’t been too bad I guess … but I do sense the distance is taking its toll. I’ve definitely done things that I’ve never done before, and for some reason … recently … it seems like a waste of time. I hate being caught in the middle and not be able to even say anything. But like everything else, it is what it is. Completely out of my control. I’m pretty sure we will be fine in the end … which is all that matters to me.

In the meantime, I’ll try to sleep and get ready to leave. I’ll do what it takes to get this shit taken care of, even if it means being broke for longer than I initially thought, and I’ll try to keep things as normal as possible … even tho … here …that’s kind of hard to do.
Nothing is ever how it should be. It’s just the way it is. Society as a whole is completely fucked and you can’t change the twisted evil things people do. Sadly, those that have the power to stop it usually don’t, because they feel bad. Too bad they’re siding with the wrong people. Anyone who deliberately causes issues to become bigger and refuses to do what needs done to make sure that one person is taken care of (I’m referring to getting a job instead of feeding off of the generosity and forced payment of others) deserves everything they get. But then again, what would I know. I’m just a childless being that roams the earth (literally) living off of humor to keep me going. I guess it could be worse.

I guess I just don’t understand why its so hard to use simple logic. Really. Is it that fucking difficult to not be a selfish bitch? For someone who doesn’t understand how to earn their way through life to assume they know all the answers is not just absurd … its irresponsible. Kids need their dad whether you’re ‘hurt’ or not. Whatever went wrong was between the two of you … why would you let your child suffer? Yea. That’s what a great mom does. Be selfish and lazy. Congratulations. You’ve just given everyone another reason to never get married. Why get married when the ending, if there is one, will more than likely be a worse bullet wound for the dad … who actually has a job and still never get to see their own kid. I guess im’ still pissed. Maybe someday the dumb bitch will come to her senses. And the Georgia courts judge will see her for everything she is. A lazy, detached parasite who feeds off of everyone else.

Thursday, September 18, 2008
:: Fallen Angels & my own chaos that ensues ::
Current mood : confused

So I have completely lost my appetite today. Tracking what I had to track last night … bit of a sore spot for me. I guess being a soldier, having to find out there were no survivors … yea. You can google it. Its on almost every news page right now. That’s why I waited to post this. I’m still shaking. No idea why. But it won’t stop.

It occurred to me that the big wigs don’t use the term ‘fallen angel’ the way we do. I know that it means down’d aircraft … but us as medical personnel / medevac also use it in reference to KIA. For those that didn’t make it. So for most of us, it has a double meaning.

My internet has been pretty much useless lately. Like yahoo likes to not send my messages out until like 4 hours later. My outlook has been doin that too. So, I’ll just blame it on yahoo. Either way … I totally could of used someone to cheer me up or get my mind off of all that … but yea. So much for that. It happens. I’ll just do what I usually do. Not eat because I just can’t. And sit here … trying to think of good things … tho at this point … those good things seem almost non existent … or too damn far away.

I’m just so tired of this country. I hate this place. I’m tired of not being able to decide what I want to do with my life and having to do what everyone else tells me to. That’s mainly the reason I am done with this shit. If I wanna move … I’m gonna move. No government agency or military is gonna tell me when and where I can go. I’m annoyed with the fact that I get ostracized for going ‘out of my lane’ to help other people, even tho I have the answers and the know how to get the information to them. Mainly I’m just tired. Mentally and physically drained from the last 8 years.

At one point I could swear to you that I’d do this forever, no matter what happened. But the more I thought about it … why should I? What am I really getting out of all of this? So far, all I have learned is that the structure itself is somewhat corrupt and the longevity of some peoples careers can tend to make them an ass. I wanna be more than this someday. I’ve put in my time. Now I just want to walk away with what I have left. Whatever that is. I got free college out of it. So, that’s good I guess. Even tho I’ve never been that great at testing. I suck to be honest. But I’ll make it. Just like I always have. One way or another … I’ll make it somehow.

I really could of used that vacation I was planning before. To get away from everything. But I can’t right now. So, like everything else, it’ll have to wait. I already know I’ll be kinda distant and out there when I get back. So I’ll just go ahead and apologize in advance. If nothing else, there is one thing I can take from here. Things never happened like you plan … and there is no guarantee about tomorrow. You can just take one day at a time. And right before you finally go to sleep you can say “Well. I made it through another day.”

So, now I know what its like to have kids I guess. I’m watching the puppy grow up on film. The dog will have no idea who I am once I finally get to see him and probably wont even care. But I’m kind of used to that anyways. I still have a niece I’ve yet to meet or even talk to. But then again … I am one of the only ppl in my family without kids. Go figure. Not even for lack of trying … just guess I’m not supposed to have any. Either that … or I’m not supposed to have one until I’m 80. Still too early to tell. Kinda feel left out actually. For someone who’s always wanted to have kids … and always has something go wrong … it sucks. But it is what it is I guess. I don’t get to choose. So, I just gotta sit here hoping that someday SOMETHING will go the way I want it to. So far? Everything is scattered and unreachable. It’s always been this way, so the fact that I actually thought it might, just makes me a dumbass. So, welcome to my life. Random acts of chaos. Its always been this way. Everything, good and bad, has always been randomly lodged into place. No warning. No ‘well, maybe’. Just a BAM … and a ‘no fuckin way’.

I’m just ready to go. So if I have to wait forever … at least I’ll be able to do more. Go SOMEWHERE. Call whoever I want … when I want. And drink beer when my day goes to shit. Until then, for about 24 more days, I’ll sit here. With a blank stare. Zoning out the rest of this deployment, hoping it’s the last one. I have no idea whats gonna happen to me once I get back. I could get med-boarded … or get stuck at Lewis until 2010 … when he deploys … again. And see him maybe twice. All I can do is wait it out … and hope it goes a little like we planned. I’ll just have to wait and see.

Thursday, September 25, 2008
:: I HAVE NOTHING TO PUT HERE ::
Current mood : tired

So, I’m sittin in the tents … finally starting to get tired … when it don’d on me. While I’m watching peoples lives come together AND fall apart … I’m at a stand still. Still just standing by. There’s so much shit I wanna do … so much shit I wish was easier … or possible. I’m an asshole. Totally not the easiest person to be with lol thats for sure … but underneath all that … all i really want is a family. Ya know … the crazy husband … the kid. But theres not much I can do about it. I just have to hope it all comes together someday.

Its weird. I feel like I’ve been at a standstill for longer than I have been. Then again, I lose track of time easily here. I would like nothing more than to go where all my shit is lol … my bed, my couch … but I’m stuck at Lewis. Saddly … thats on the other side of the country. So, yea … can’t exactly utilize my 4 days like I’d like to.
Its mind numbing. And there isn’t enough medication to let me rest. So, i’ll just sit here waiting … A family is never something I thought I’d ever have, so if this is as close as I’ll get … I’ll take it. Tho, I’m hoping things get easier. Maybe someday I’ll get what I’ve been waiting forever for. Until then, It’s just me. No kids. No pets. No car. And my cell phone. That will probably be full of fuckin texts haha. Bleh. My crazy lazier half is as close as I’ll get right now … and even that is all alsfkjs cuz of the demon. It could be worse. lol I mean, he could be using me … but nooooo … crazy bastages luvs me for some reason <-haha its pink.

Thursday, October 02, 2008
Almost Home
Current mood : rushed

So, I was supposed to leave in 3 days. I’ll find out Saturday if that happens. If this new captain is still half asleep and clueless … I have to stay longer. So, she better wake the fuck up and pay attention. Because the fact that I have to teach her shit I figured out on my own the day they got here is bullshit to begin with, but I’m doing it because circumstances change. I got most of it figured out … she’s just not getting it. SIMPLE shit. I’ll be explaining shit, turn to see if she’s confused … and shes fuckin asleep lol

Either way, I’ll be home soon. I’d just like some time off. I haven’t had any in weeks. So, yea. Lori is one tired bitch. lol So yea … Cory … get those Silverstein tickets … Murphy’ll have the beer ready … I’ll be down to hang out tired or not. Especially my boys … that are all leaving me … assholes lol. No seriously tho … get the fuck out of Lewis … RUN. lol Its a cesspool of cold wet gayness. I’m mos def gonna miss the hell out of you guys tho. But its not like you guys won’t have my cell. I’m gonna go continue to check out the rest of the Five Finger Death Punch cd I finally got. Yea … sorry Tech … I’m fuckin slow.

Sunday, October 05, 2008
Awards and political gayness
Current mood : disappointed

So, it has occurred to me that Rutland is not nice enough to think about the fact that I haven’t had a day off in weeks … so there’s no way in hell he’d just tell brigade he told me not to come. So what does that leave? I didn’t get an end of tour award because he didn’t put one in. At all. So all the shit I did this deployment … I have nothing to show for it except that I know that it made a difference to someone else … to whoever needed it.
I’m more pissed that he didn’t have the balls to tell me, so when I was tryin to figure out if he was gonna give me my shit … yea … I think he figured I’d find out. Explains why he didn’t show up today. But I have that other ARCOM. Get this. the CSM (Command Sergeant Major for those of u who dont know) is the one that made him put it in. Its just sad that someone who I rarely sees me, thinks more highly of me. Anyways, so thats that. I’ll be home on the 14th at 0600 … so if u get a call saying I’m home … at least pretent to be happy. Cuz I’ll sure as fuck be lol.
This concludes my blogs from Baghdad.

Wednesday, October 29, 2008
Slowing down
Current mood : confused

These last few months have been a bit of a struggle for me. When it should all be easy … I should be happy right now. But I’m not. While everything is zooming past me … my actual life is slowing down. It takes forever to get answers. The zoning dont help. This isn’t how it was supposed to be. But here I am adjusting and rearranging again. It sucks when you realize how much you’ve put in … and see what little you have got to show for it. I’ll figure it out. Hopefully soon. But I got some decisions I need to make. I shouldn’t be questioning anything. But all I have is questions. Which is my biggest concern right now. I dunno. I’m lost about a lot of shit right now. But yea. gotta weigh the pros, the cons … the whole “is it wort it” shit. I got my own demons to fight.
The BOOMS that the rangers and shit are doin dont bother me as much now. Which is good. I still feel all isolated. But thats cuz I dont go anywhere and we’re back in the fuckin boonies.