ProgressOhio

My good friend and brother Veteran, Wade Sanders, a former Swift Boat Commander during Vietnam asked me to repost this OP/ED that he had published in the San Diego Union Tribune.

Although Wade is obviously talking about Veterans in California, the concerns he raises applies to each and every state, especially considering each state has committed more state militia [National Guard] troops to combat than anytime in recent history.

Wade is a San Diego attorney, and senior adviser on military and veterans affairs for California Lt. Gov. John Garamendi. A former assistant secretary of defense, Sanders is a combat veteran of Vietnam.

As a former Swift Boat commander, Wade reminds us that when we use the negative political terminology "swiftie or swift boating," we fail to recognize and degrade the wartime service of thousands of Swift Boat crew members who would no more smear or assassinate the character and reputation of another Veteran by questioning their military service, than would MOST OF AMERICA'S REAL VETERANS. Having been among those, even Veterans, who continue to use that degrading term, to Wade Sanders and Swift Boat crew members with his integrity, I personally apologize.

Bobby Hanafin
SP/5, U.S. Army (69-76)
Major, U.S. Air Force-Retired (77-94)

Justice for the 'walking wounded'

By Wade R. Sanders July 4, 2008

      As we celebrate the Fourth of July, let us remember the courageous service of those who have fought to preserve our independence. They are our combat veterans, touched by the horrors of war and returning home forever changed. Some will cope, but nearly 25 percent are suffering from post-traumatic stress disorder [PTSD], or related psychological problems and that may be an understatement. In addition, there are still thousands of Vietnam veterans who are struggling with combat-related issues. These are our “walking wounded.”

      Unlike the cold reception and inadequate services that awaited Vietnam veterans, there is an increasing wealth of services to heal both their physical and spiritual wounds. However, there are still issues of homelessness, addictive behaviors and mental health. Regrettably, there is also an increasing number who are coming into contact with our criminal justice system: law enforcement, prosecutorial agencies, the courts and probation departments. Not part of this system, but an essential element, is the mental health community. To avoid repeating our failures after the Vietnam War, we need new thinking and new tools. We owe the men and women who have sacrificed nothing less.

      The key to any new approach is to recognize that society benefits from the service and sacrifice of combat veterans and accepting that we share a significant responsibility for their welfare. More than our gratitude, we owe them a debt of compassion and understanding and that debt is shared by the criminal justice system. Depending on the nature of the offense, and wherever possible, we need to apply what some judges refer to as “problem-solving justice” in framing remedies. Punishment where appropriate, but not for punishment's sake, and avoid unnecessary harm if possible. Already, there are some jurisdictions, such as Orange County, that recognize this need and are developing new approaches, such as a Veterans' Court.

      Further, we need to remember that it is our society that put them in harm's way, and we share responsibility for their damage in our service. Parades, flag-waving and patriotic slogans, [memorials] are great, but we owe them far more than that. They have earned a level of consideration that is commensurate with their sacrifice. This is not giving special treatment; it is recognizing how special their service has been.

      [California State] Penal Code Section 1170.9, which became effective in January, is a good beginning. It provides judges with sentencing alternatives when dealing with combat veterans whose crime can be linked to a diagnosis of PTSD or related conditions. The veteran can be placed on probation and diverted into a treatment program at the federal, state or private nonprofit level rather than incarceration. It also provides the opportunity for dismissal of the offense if the program is completed successfully.

      For nearly a year, a group of San Diego attorneys, including some representatives of the criminal justice system and the Department of Veterans Affairs, have been meeting and discussing possible alternatives and remedies. On a daily basis they are dealing with an increasing number of combat veterans. In their “no holds barred” discussions, cultural and institutional walls have given way to a deeper appreciation of the need to work together, and the goal has become to combine the complementing strengths within the criminal justice system to frame a holistic approach to dealing with veterans. They recognize that how the criminal justice system deals with a veteran can either aggravate their combat stress, or can be a positive turn toward a better life.

      Whether establishment of a “Veterans' Court” in San Diego [or anywhere else in the nation, for this will be a national level issue] is the best approach is still a matter of debate, but all agree that the first step is a comprehensive program of education for all those within the system who deal with veterans. As part of this program, a “summit” is being considered that would bring together the leadership of all the major criminal justice agencies. At such a meeting, there would be an opportunity for collaboration and further education. The issues can be framed, and a dialogue can commence. Perhaps, as some jurisdictions already are, they will explore alternatives to arrest, such as direct referrals to the Veterans Hospital or Mental Health Services as arrest and conviction itself can destroy a life.

      Clearly this dialogue cannot begin too soon. The clock is ticking, and every day another combat veteran is overwhelmed by the damage he or she has suffered in our service. The dialogue between all elements of the criminal justice system and veterans' services should begin immediately, and it is incumbent upon members of law enforcement, prosecutors, defense attorneys, and the judiciary and probation departments to make an aggressive beginning. Does anyone doubt that we owe our combat veterans anything less? ________________________________________

Wade Sanders, a San Diego attorney, and senior adviser on military and veterans affairs for California Lt. Gov. John Garamendi. A former assistant secretary of defense, Sanders is a combat veteran – a former Swift Boat Commander during Vietnam.

http://www.signonsandiego.com/uniontrib/20080704/news_z1e4sanders.html