The Shameful Way the Military Handles Non-Combat Deaths
What drove 1st Lieutenant Debra Banaszak of the Missouri National Guard over the edge?
It is a question her family tried to answer for a year after she committed suicide in Kuwait in 2005. Her family simply could not believe this loving mother and police officer who also had served 17 years with the Army National Guard would take her own life.
The family tried to pry more information out of the military, but what they were getting in return did not give them closure.
To this day, the Missouri National Guard still offers a press release dated October 31, 2005 — which is just three days after Banaszak was found dead — as the only information they can provide regarding her death. The release simply states that Banaszak “died of a non-combat related injury” on Oct. 28 in Kuwait.
“I’ve given you all the information I can on this,” said Major Tamara Spicer, public affairs officer for the Missouri National Guard, just recently to this reporter.
When pressed for anything more concrete than the 2005 press release, she continues to repeat herself and says nothing more: “I’ve given you all the information I can on this.”
Because of the military’s lax response, the Banaszak family told this reporter they have had to put the death of Debra behind them, or continue to suffer.
Pam Baragona of Ohio has unfortunately walked in the shoes of the Banaszak’s. Her family was desperate for more information about how her brother, Army Lt. Col. Dominic “Rocky” Baragona, died of what the military calls a “non-combat” death. To put it mildly, the military bureaucracy failed to deliver a clear answer to the Baragonas, and she says there are hundreds of families still seeking closure regarding the non-combat deaths of their loved ones during the past decade of war.
Now the Baragonas are in the early stages of starting a non-profit called “Defending the Fallen,” which will seek more accountability from the military when a loved one has suffered a non-combat death, which can be anything from suicide, accident, friendly fire, or murder. A venue for arbitration and an appointed family liaison to scrutinize any investigation will be two requests, for instance.
In 2003, Baragona’s brother — a commanding officer and graduate of West Point — was killed when a tractor-trailer owned by a foreign-based U.S. defense contractor jack-knifed into the Humvee he was a passenger in. Even weeks after the accident, the military investigators told the Baragonas they didn’t know the name of the defense contractor that owned the tractor trailer.
“You are already dealing with the loss, and then to be dealing with the shock the military is not doing their job?” asks Baragona. “Are you kidding me? How can you have a picture of the accident scene with (the tractor-trailer) ‘Kuwait Gulf Link Transport’ on the truck, and then they told us ‘We don’t know the name of the company’?”
I think you’ve given a pretty good example of why the military doesn’t want to talk about this, in the answers you’ve gotten, and the way you’ve outlined the situations involved. The female officer killed herself, and that could in part be due to the fact that she didn’t receive proper respect from her enlisted subordinates. The man died in an automobile accident, which may or may not be someone else’s fault. But let’s consider these situations carefully, and see if we can decide why the military would conceal the circumstances, or just not elaborate on them any more than they have:
In the case of Lt. Banaszak, perhaps the lack of respect added to the stress of command, or something on that order. Regardless, officers are supposed to be able to deal with that sort of thing. She wouldn’t be the first, or the last, officer in the service to be disrespected by her subordinates. Many (most) of the rest don’t commit suicide. Some of them leave the service in one form or other, or get promoted or transferred to staff jobs where they don’t have to have the respect of multiple subordinates. Think about it from the Pentagon’s point of view. What’s the upside if they discuss this with the family? They’re likely to fixate on someone or something that caused their loved one to go off the deep end, when in reality the lack of respect can’t have caused her to commit suicide, by itself. At best it was a contributing factor, and even then, it really just signifies that she was–this is going to sound heartless, but it needs to be said–not officer material in the first place. Officers don’t commit suicide in this sort of situation: they find a solution to the problem. Lt. Banaszak was apparently a worthwhile person in civilian life, and her death is definitely a tragedy. Discussing the whys and wherefores can only make things worse. What’s going to happen, someone’s going to sue the subordinates involved, who didn’t respect her? You can’t court martial someone on this basis: the individual’s dead, so it would be hard to find witnesses.
As for the man who died in the automobile accident, it’s tempting to just blame the civilian contractor. They’re no doubt a large corporation, and so the relatives could sue and get a lot of money. Unfortunately, it’s debatable whether in any instance like this you could accuse the contractor involved of violating anything like laws. Remember, this happened in a foreign country, in a more-or-less combat zone. American military personnel, driving tanks and Hummers around the countryside willy-nilly while being shot at, tend to ignore traffic laws. Even if there was no combat at all, people drive faster, with the lights off, don’t stop at signals, take turns too fast, etc. In the last year of official combat in North Africa during World War II, non-combat injuries were *double* the combat ones, mostly from reckless driving, often at night without headlights. The same thing may very well be true here, in some fashion, and even if it isn’t, again, what’s to be gained by going over this in detail? His family can’t sue the U.S. military, and they can’t sue the contractor for violating non-existent traffic laws while overseas.
Part of the problem started when people began to figure out that the army sometimes lied about how individuals died in combat. The discovery occurred during the Viet Nam War, with the famous “Friendly Fire” incident, which led to a book and then movie of the same title. Of course this wasn’t the first friendly fire episode in American history: Stonewall Jackson himself was killed by his own troops, shooting at him accidentally. The senior U.S. General killed in Europe during World War 2 (Gen. Lesley McNair) was killed by bombs dropped from a U.S. bomber. Thousands of soldier died in combat due to friendly fire, in both wars and most other American conflicts. The difference was that prior to Viet Nam, when the army told you that your son/husband/brother/father was killed in combat, that was that. You accepted what they told you, and they did their best to insist that all those who died deserved to be honored for their sacrifice. In Viet Nam we learned to challenge the army’s version of events, and the result wasn’t always a positive thing. Now we have to question everything, and often the questions get us nowhere we need to go.
Excellent note David. But I notice you did not mention the most famous “accident” of WW-II, specifically the death of General Patton in an automobile accident. However there is still a lot of discussion that Patton was murdered under direct orders of Generals George C. Marshall and Dwight Eisenhower to shut him up and to placate the Soviets. Anyone else out there wish to comment?
A police officer that committed suicide by shooting herself in the chest? I don’t think so. Sounds like murder.
well said, disclosing the name of the trucker or his employer would open up a massive can of civil lawsuits for ridiculous amounts of “damages”, making it harder for the military to find companies willing to provide contract services.
Even if in this case that’s not in the minds of the people involved, the military has to take a broader view than any single case and not set precedents (and US society as it is, lawsuits are the inevitable result, given that this family explicitly asks for the information I can only conclude that filing lawsuits is indeed their intent as well).
Similarly, a non-combat death can still be a death where the circumstances and exact cause are all classified information.
A pilot who gets killed flying an aircraft in a non-combat ferry mission is still on a classified flight path, especially if that flight leads him to, from, or near combat zones. Same is no doubt true for many other military deaths.
An officer who the family claims died from suicide may well have done so, or the death could be due to an accident while handling classified equipment (in which case the true cause can not be made public, so another cause is made up on the spot, in this case suicide).
That’s the reality of being a military family, you’ll likely never know everything that goes on with your loved ones in the service, especially if what goes on kills them.
These are truly tragic stories but unfortunately there is no judicial respite because of the Feres Doctrine. Feres is the US Gov’s “catch-all legislation” which even stoops low enough to protect the US military from legal malpractice. I should know too.
While I was on active duty with the US Army, I was threatened by a US Army lawyer named Captain Matthew Fitzgerald to do something which was contrary to the US Army legal regulations (which I did not know at the time but he did). Fitzgerald’s motive was to tout this as his first accomplishment on his annual performance report of which I later got a copy. This threat resulted in my losing over $50,000 of my personal funds.
When I asked the top lawyer (now Lieutenant General Dana Chipman) for assistance, the first thing they did was appoint Fitzgerald’s previous boss and a very obvious friend to “investigate.” Since there was no wrongdoing found as a result of this faux investigation but specifics were protected by the Privacy Act , I filed the same complaint with Fitzgerald’s Oregon State Bar which is NOT PROTECTED under privacy laws. Evidence showed that Fitzgerald lied no less than 10 times to his Oregon State Bar.
It was all thrown out of federal court due to Feres although I had a slam-dunk case with all evidence in my favor. In fact, I was never even able to get into court and present my case. The judge simply had his law clerks cut-and-paste a previous reply to a previous case. Just to add insult to my financial injury, Fitzgerald got promoted to Major. Feres was NEVER designed 60 years ago to protect against torts, corruption, misdeeds, and cover-ups by US Army lawyers or anyone else for that matter. Today it protects against everything.
Our new fraudocracy extends well past the financial sphere into protecting corruption, lies and malfeasance.
I just have one question. How many suicides shoot themselves in the chest?
Chris, actually in the case of women, if a suicide involving a firearm is used, the chest is the most likely area.
Men choose head shots…
But more importantly, she was a police officer. Police officers know better then to try shooting themselves in the chest.
The Feres doctrine effectively protects incompetent military doctors as well. I’m a proud, cold war veteran, and had some unnecessary and badly performed surgery done about 3 months before my enlistment ended (I wasn’t a lifer). 90 days after getting out, I started having severe complications from it. I’ve got all the radiology pictures to show it was and how it was botched.
And it turned out that they didn’t even do the “corrective” procedure in the right area.
Tough. The military hides behind the Feres case (which by the way went to the supreme court and involved a guy dieing from having a huge towel left in his abdominal cavity…marked “US Army Medical”).
I’m 50 years old now, and in 2 weeks am going to have my 21st surgery done. I’m fully disabled and have gone bankrupt paying for all the medical care.
I’ll be loosing the ability to eat solid food in the next couple of years. And no amount of surgery will be able to prevent that.
But, the whole thing started as an injury in a non-combat situation. So no one has ever given a damn.
I’m glad I served my country. And did a lot of dangerous things doing so. But in the military you are just a tool to be used and once you are discharged (I was honorably, btw), you get no credit for your sacrifice to your country (unless you are career, than you get VA care…which in many cases is really lousy).
Hurts to say, but it’s true.
JW, I have to disagree with you about the VA care. Here in Daytona we have a very good clinic. I have a service connected, non-combat, knee injury that they have been treating me for. If the surgery is in your military medical files and it is giving you trouble, they should make it right no matter how long you spent in the military. I spent ten years in the Corps and as I said, this was not related to my time in Vietnam.
Libertyship46, though I’m sorry for any death, I can’t feel too much sorrow for that guy. I was only on a three month Carrib. Cruise but we learned very quickly to stay away from anything that could move. Gun turrets are armored and most of the outside is one big blind spot. In a war most of the time not in actual combat you are practicing. Those turrets could move at any time and as a member of the crew he should have known that.
Perry: I am truly glad that you have been well taken care of and that you have had positive experiences with the VA. But it would take very little investigative work to discover that you are not the norm. VA care in this country may have improved since 9/11, but up to that point, there were dozens of scandalous examples that prove otherwise.
To your other point, yes, the military (or VA, if you prefer) “should” take responsibility for my botched surgery. Don’t assume I didn’t try everything including writing my congressman and senator to try to get them to do so. But considering my ex-wife was rendered sterile and my best friend died from septicemia from a military hospital…I wouldn’t have much confidence in letting them have another go at me anyway.
Good luck and thank you for your service to our country.
I read a story once somewhere that a sailor was sleeping next to the turret of a battleship one night during World War II because it was so hot in the hull of the ship. Unfortunately, the turret moved that evening for some reason and the sailor was crushed to death. These are terrible and senseless losses that happen in every war, but for the military not to be honest about the way the individual died is simply shocking. A little honesty would go a long way in healing the terrible wounds the families of the dead service people have to cope with. For the military not to do it shows just how cold and stupid a large government bureaucracy can be.
I so agree with you… Back in the good old days of the Cold War (peace, as some of you might call it)when i was in the navy (1979-2000) ANY death was thoroughly investigated. Really sad that during wartime those things have become apparantly OBE (overcome by events). I do think that families will accept the military’s findings if they appear to be truthfully examined; and I also believe they would find closure that much faster.
More Shame: DADT Repeal Consequence: Now Pvt. Benjamin Can Make Love to Mr. Ed!
Yet another installment from the You Can’t Make This Stuff Up Department: Sgt. Bilko may soon marry Pvt. Gomer Pyle and they may have a threesome with Arnold, the “Green Acres” pig or with Mr. Ed!
The Internet is notorious for publishing and publicizing lies, innuendo, fabrications, in a word, trash, okay, two words, trash and crap. It’s therefore incumbent on a serious blogger to verify outrageous stories before commenting on them and spreading the news.
One such story demanded more verification than usual since it involved an allegation that was so far beyond the pale of belief it bordered on the absurdly incomprehensible. As it turns out, very regrettably, the report is no longer an allegation but fact: The United States Senate has voted to approve the practice of bestiality in the military.
That is not a misprint.
Should the House of Representatives concur with the Senate and President Barack Hussein Obama sign the bill, men and women in Amrica’s armed forces will be free to engage in sexual relations with dogs, cats, chickens, horses, or with any other animal without fear of retribution under the Uniform Code of Military Justice.
The repercussions of the repeal of the Don’t Ask, Don’t Tell law governing homosexual conduct in the military advocated by the president and endorsed by liberals everywhere have now come home to roost.
Before critics of that contention protest it as an unfair attack on gays, consider the timeline of the proposed legislation . . . (Read more at http://www.genelalor.com/blog1/?p=8633.)
“Due to the Feres Doctrine, a soldier relinquishes some of his Constitutional rights when he enlists, says Baragona. The Feres Doctrine essentially denies a family the right to file a wrongful-death suit against the government when a family member dies while enlisted.”
It is absolutely outrageous that America’s sons and daughters are sent out to fight for America and at the same time are denied basic human rights. What a crime against humanity. The lives of our precious military are regarded as worthless.
From the tragic cases mentioned, it is clear that military leaders are covering up and HIDING the circumstances that caused and surrounded the deaths of our military. The unjust Feres Doctrine must be eliminated. The abuse and inhuman treatment of our military must end.
“Baragona says she has studied other militaries and how they deal with non-combat deaths and found the British military’s approach perhaps a model the U.S. military might want to emulate.” This model must be adopted immediately.
Really?! A conservative publication scrutinizng the military? I am shocked and impressed!
We respect the military and stand beside our troops(unlike a whole lot of Progs). It doesn’t make us brain-dead no matter which way you’re wont to portray us.
You remind me of our little neighbor girl when she was about 1-1/2 years old. I had to pick her up for her mother one day. Things went well until we got on the concrete porch. I was carrying her and she decided she didn’t want to go. She threw herself backwards and, at the cost of a torn rotator cuff, I managed to keep her from hitting the concrete.
For many years Liberals hated and vilified our armed forces who were keeping the bad guys away (remember the Cold War and the Vietnam War?). They remained under military protection even though they were being naughty little girls.
Somehow in the past year this Liberal attitude has changed. Conservatives’ regard for our military has not.
My Late husband AOC Thomas R. Traylor,USN, was victum 13 years ago today. Although, it happened at a top secure base called China Lake Naval Base, the military let the locals from Bakersfield, CA, do the dirty work. AOC Traylor death was caused by a shot to the chest as well!
This is surely not the first time such an injustice has bee done.
My Dad was a commissioned 2nd Lieutenant in the Army in 1940, and fought during WWII in the Pacific; later he also fought in Korea (and almost Viet Nam, until friends talked him out of it).
Well, long story short, he imprudently expires at age 53, from cardiac issues that were easily traceable to the stress of his service.
However! He ended in the National Guard, where the rule basically was, death could not occur before age 65, regardless. Despite 28 1/2 years in the Army (between active, reserves, and then guard), my mother and I got no survivor benefits whatsoever.
Ultimately, Congress altered the law on this (early-mid 1970s), but refused to Grandfather it, so we got bupkus.
Of which I find truly ironic, as I have myself have now been “served” by the VA system for over 27 years, and just like JW, have gotten nothing but lies, obfuscation, delays and denials.
These are all tragic stories and some sort of justice should be pursued to correct the obvious injustice. Just how, is the conundrum. The military needs protection from law suits, but to believe that the military is never at fault stretches credulity. As my daughter went through basic training, in the Army, during the summer months of 2010 at Fort Leonard Wood, MO, there where 4 deaths of young trainees due to heat stroke. This was not out of the ordinary and has occurred for many years just at Fort Leonard Wood alone, as an acquaintance confirmed during his basic training there in the 1970s. As a parent I would definitely want an explanation delivered in an extensive way, even though the right to sue has been nullified. I have no answers to these tragedies, but obvious malfeasance and corruption should not be allowed to be hidden within bureaucratic malaise. Liaisons to help grieving family members navigate through this bureaucracy would be absolutely helpful, but the legal parameters need readjustment, and is not justice blind?
Military Mom 2 says it best. American Citizens who serve their country need legal means when an injustice has occurred.
In the case of LTC Rocky Baragona, foreign contractors are never held legally accountable in US Courts due to jurisdiction. You would think our system for vetting bad contractors would fix the problem, but it doesn’t, just review the Wartime Commission on Contractor oversight June final report to see the loss of billions and corruption. Their recommendation among many is for legislators to change the law so US Courts can handle the many many cases arising out of the LogCap problem.
Regardless, if we gave American Citizens support through arbitration, inquests or legal counsel during an investigation less cases may never need to tried through our justice system.
Change is definitely necessary, the question is how. When can’t come soon enough.