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+[House Hearing, 109 Congress] +[From the U.S. Government Publishing Office] + + + + + + WOUNDED ARMY GUARD AND RESERVE FORCES: INCREASING THE CAPACITY TO CARE + +======================================================================= + + HEARING + + before the + + COMMITTEE ON + GOVERNMENT REFORM + + HOUSE OF REPRESENTATIVES + + ONE HUNDRED NINTH CONGRESS + + FIRST SESSION + + __________ + + FEBRUARY 17, 2005 + + __________ + + Serial No. 109-4 + + __________ + + Printed for the use of the Committee on Government Reform + + + Available via the World Wide Web: http://www.gpo.gov/congress/house + http://www.house.gov/reform + + + ______ + + U.S. GOVERNMENT PRINTING OFFICE +20-085 WASHINGTON : 2005 +_____________________________________________________________________________ +For Sale by the Superintendent of Documents, U.S. Government Printing Office +Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 +Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 + + COMMITTEE ON GOVERNMENT REFORM + + TOM DAVIS, Virginia, Chairman +CHRISTOPHER SHAYS, Connecticut HENRY A. WAXMAN, California +DAN BURTON, Indiana TOM LANTOS, California +ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York +JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York +JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania +GIL GUTKNECHT, Minnesota CAROLYN B. MALONEY, New York +MARK E. SOUDER, Indiana ELIJAH E. CUMMINGS, Maryland +STEVEN C. LaTOURETTE, Ohio DENNIS J. KUCINICH, Ohio +TODD RUSSELL PLATTS, Pennsylvania DANNY K. DAVIS, Illinois +CHRIS CANNON, Utah WM. LACY CLAY, Missouri +JOHN J. DUNCAN, Jr., Tennessee DIANE E. WATSON, California +CANDICE S. MILLER, Michigan STEPHEN F. LYNCH, Massachusetts +MICHAEL R. TURNER, Ohio CHRIS VAN HOLLEN, Maryland +DARRELL E. ISSA, California LINDA T. SANCHEZ, California +GINNY BROWN-WAITE, Florida C.A. DUTCH RUPPERSBERGER, Maryland +JON C. PORTER, Nevada BRIAN HIGGINS, New York +KENNY MARCHANT, Texas ELEANOR HOLMES NORTON, District of +LYNN A. WESTMORELAND, Georgia Columbia +PATRICK T. McHENRY, North Carolina ------ +CHARLES W. DENT, Pennsylvania BERNARD SANDERS, Vermont +VIRGINIA FOXX, North Carolina (Independent) +------ ------ + + Melissa Wojciak, Staff Director + David Marin, Deputy Staff Director/Communications Director + Rob Borden, Parliamentarian + Teresa Austin, Chief Clerk + Phil Barnett, Minority Chief of Staff/Chief Counsel + + + C O N T E N T S + + ---------- + Page +Hearing held on February 17, 2005................................ 1 +Statement of: + Embrey, Ellen, Deputy Assistant Secretary of Defense for + Employment Health, Department of Defense; Daniel Denning, + Acting Assistant Secretary of the Army, Manpower and + Reserve Affairs, accompanied by Lieutenant General Roger + Schultz, Director, Army National Guard; Lieutenant General + Franklin L. Hagenbeck, Deputy Chief of Staff, G-1, U.S. + Army; Lieutenant General Kevin C. Kiley, M.D., U.S. Army + Surgeon General; Major General Charles Wilson, Deputy + Commander, U.S. Army Reserve Command; and Philip E. + Sakowitz, Jr., Deputy Director, U.S. Army Installations + Management Agency.......................................... 144 + Denning, Daniel.......................................... 160 + Embrey, Ellen............................................ 144 + Hagenbeck, Lieutenant General Franklin L................. 169 + Kiley, Lieutenant General Kevin C., M.D.................. 181 + Sakowitz, Philip E., Jr.................................. 194 + Wilson, Major General Charles............................ 187 + Kutz, Gregory D., Director, Financial Management and + Assurance, U.S. Government Accountability Office; Brigadier + General Raymond C. Byrne, Jr., Acting State Adjutant + General, State of Oregon, accompanied by Colonel Doug + Eliason, M.D.; Sergeant First Class John Allen, B/3/20th + Special Forces Group, North Carolina National Guard; + Sergeant Joseph Perez, 72nd Military Police Co., Nevada + National Guard; Chief Warrant Officer Rodger L. + Shuttleworth, Chief, Reserve Component Personnel Support + Services Branch, Army Human Resources Command, Maryland + National Guardsman, accompanied by Chief Warrant Officer + Laura Lindle; and Master Sergeant Daniel Forney, Reserve + Component liaison, Medical Hold, Walter Reed Medical + Center, U.S. Army Reservist, Pennsylvania.................. 35 + Allen, Sergeant First Class John......................... 73 + Byrne, Brigadier General Raymond C., Jr.................. 54 + Forney, Master Sergeant Daniel........................... 123 + Kutz, Gregory D.......................................... 35 + Perez, Sergeant Joseph................................... 98 + Shuttleworth, Chief Warrant Officer Rodger L............. 112 +Letters, statements, etc., submitted for the record by: + Allen, Sergeant First Class John, B/3/20th Special Forces + Group, North Carolina National Guard, prepared statement of 79 + Byrne, Brigadier General Raymond C., Jr., Acting State + Adjutant General, State of Oregon, prepared statement of... 56 + Cummings, Hon. Elijah E., a Representative in Congress from + the State of Maryland, prepared statement of............... 25 + Davis, Chairman Tom, a Representative in Congress from the + State of Virginia, prepared statement of................... 4 + Denning, Daniel, Acting Assistant Secretary of the Army, + Manpower and Reserve Affairs, prepared statement of........ 162 + Embrey, Ellen, Deputy Assistant Secretary of Defense for + Employment Health, Department of Defense, prepared + statement of............................................... 146 + Forney, Master Sergeant Daniel, Reserve Component liaison, + Medical Hold, Walter Reed Medical Center, U.S. Army + Reservist, Pennsylvania, prepared statement of............. 125 + Hagenbeck, Lieutenant General Franklin L., Deputy Chief of + Staff, G-1, U.S. Army, prepared statement of............... 171 + Higgins, Hon. Brian, a Representative in Congress from the + State of New York, prepared statement of................... 218 + Kiley, Lieutenant General Kevin C., M.D., U.S. Army Surgeon + General, prepared statement of............................. 182 + Kutz, Gregory D., Director, Financial Management and + Assurance, U.S. Government Accountability Office, prepared + statement of............................................... 37 + Miller, Hon. Candice S., a Representative in Congress from + the State of Michigan, prepared statement of............... 216 + Perez, Sergeant Joseph, 72nd Military Police Co., Nevada + National Guard, prepared statement of...................... 104 + Ruppersberger, Hon. C.A. Dutch, a Representative in Congress + from the State of Maryland, prepared statement of.......... 31 + Sakowitz, Philip E., Jr., Deputy Director, U.S. Army + Installations Management Agency, prepared statement of..... 196 + Shuttleworth, Chief Warrant Officer Rodger L., Chief, Reserve + Component Personnel Support Services Branch, Army Human + Resources Command, Maryland National Guardsman, prepared + statement of............................................... 116 + Waxman, Hon. Henry A., a Representative in Congress from the + State of California: + Minority report.......................................... 10 + Prepared statement of.................................... 19 + Wilson, Major General Charles, Deputy Commander, U.S. Army + Reserve Command, prepared statement of..................... 188 + + + WOUNDED ARMY GUARD AND RESERVE FORCES: INCREASING THE CAPACITY TO CARE + + ---------- + + + THURSDAY, FEBRUARY 17, 2005 + + House of Representatives, + Committee on Government Reform, + Washington, DC. + The committee met, pursuant to notice, at 10:10 a.m., in +room 2154, Rayburn House Office Building, Hon. Tom Davis +(chairman of the committee) presiding. + Present: Representatives Tom Davis of Virginia, Shays, +Gutknecht, Miller, Porter, Marchant, McHenry, Dent, Foxx, +Waxman, Cummings, Davis of Illinois, Clay, Watson, Lynch, Van +Hollen, Ruppersberger, Higgins, and Norton. + Staff present: Jennifer Safavian, chief counsel for +oversight and investigations; Rob White, press secretary; Drew +Crockett, deputy director of communications; Grace Washbourne +and Brien Beattie, professional staff members; Teresa Austin, +chief clerk; Sarah D'Orsie, deputy clerk; Kristina Sherry, +legislative correspondent; Roody Cole, GAO detailee; Phil +Barnett, minority staff director; Andrew Su, minority +professional staff member; Earley Green, minority chief clerk; +and Jean Gosa, minority assistant clerk. + Chairman Tom Davis. Good morning. A quorum being present, +the committee will come to order. + I want to welcome everybody to today's hearings on the +effectiveness and efficiency of Army medical administrative +processes that affect the care of injured Army Guard and +Reserve forces. + This hearing is the third in our continuing investigation +into the Department of Defense's administrative and management +challenges created by the largest mobilization of Reserve +Component soldiers since World War II. + For the last year, along with the Government Accountability +Office, our committee has been investigating the plight of +injured Army Guard and Reserve soldiers seeking quality care, +standardized medical and personnel assistance, and +comprehensive service. We are here today to ask some basic but +troubling questions. + How is it that so many injured and Reserve soldiers have +been inappropriately removed from active duty status in the +automated systems that control pay and access to medical care? + Why do soldiers languish for weeks or months in medical +holding companies, not because of medical care but because of +lags in efficient administrative processing? + Why do we all continue to hear from our Reserve Component +constituents and their families still struggling under the +convoluted current system? + Today the GAO will issue a report on their examination of +two Army processes: active duty medical extensions [ADMEs], and +medical retention processing [MRPs]. The committee, looking +into the Medical Evaluation Board and Physical Evaluation Board +processes, has reached similar findings that are, quite +frankly, stunning in scope. + Current Army guidance for processing injured Guard and +Reserve does not clearly define organizational responsibilities +or performance standards. The Army has not adequately educated +Reserve Component soldiers about Army medical and personnel +processing or adequately trained Army personnel responsible for +helping soldiers. + The Army lacks an integrated medical and personnel system +to provide visibility over injured or ill Reserve Component +soldiers, and as a result sometimes actually loses track of +these soldiers and where they are in the process. + Last, and certainly not least, the Army lacks +compassionate, customer friendly service. Frankly, I am +appalled that these men and women not only have had to face the +recovery from their war wounds, but are simultaneously forced +to navigate a confusing and seemingly uncaring system of +benefits. + What are the effects of these inadequacies? We will listen +today to the individual experiences of two Guardsmen whose +stories will be hard for us to hear. Sergeant John Allen of the +North Carolina National Guard and Sergeant Joseph Perez of the +Nevada National Guard will illustrate the price of an Army +unprepared to handle their needs. + General Raymond Byrne, the State Adjutant General of +Oregon, is also here on behalf of his injured and ill +Guardsmen. + We are also pleased to have with us today two individuals +who are on the front lines of caring for Reserve Component +soldiers and who will explain the difficulties executing Army +regulations and policies. An officer from U.S. Human Resource +Command will relate the Army's growing pains as it attempts to +improve its level of administrative service and care. One will +tell about his experience as a Reserve liaison at Walter Reed +Medical Center and the challenges he still faces as he tries to +help injured Reserve soldiers. Both soldiers have been at their +posts since the first return of injured Guard and Reserve +soldiers from Operation Enduring Freedom, and both will +describe urgent needs that are still unmet. + Certainly, the unprecedented number of Army Guard and +Reserves mobilized in the war on terrorism has severely taxed +the Army and its resources. We understand the pressures they +are under. To their credit, Army leadership has accepted these +challenges and has come a long way this past year in trying to +repair some of the problems we are addressing today. + From our distinguished second panel we will hear of new +management initiatives, increased personnel, enhanced training, +and a new interconnectivity between medical and personnel +tracking systems. We will hear of the hopes for vast +improvement in Reserve Component administration and service +under the community-based health care initiative. We hope to +hear of a continued commitment to other major changes that +address weaknesses that are still at hand. + Today when we ask who in the Army or the Department of +Defense is ultimately responsible for the oversight of injured +Army Guard and Reserve soldiers and the commands and agencies +providing them care and service, I hope to get a clear answer. +But the truth is we are all accountable to the men and the +women who have been injured defending this country. I am sure +we will listen closely to each witness this morning to better +understand what we can do to assist in any way possible, +including legislation, resources, and ongoing oversight. + We all look forward to the day when each and every injured +Army Guard and Reserve soldier receives the care that they have +earned and that they deserve. This distressing period where we +have witnessed the equivalent of financial and medical friendly +fire must end. + [The prepared statement of Chairman Tom Davis follows:] + + + [GRAPHIC] [TIFF OMITTED] T0085.001 + + [GRAPHIC] [TIFF OMITTED] T0085.002 + + [GRAPHIC] [TIFF OMITTED] T0085.003 + + [GRAPHIC] [TIFF OMITTED] T0085.004 + + [GRAPHIC] [TIFF OMITTED] T0085.005 + + Chairman Tom Davis. I now yield to our ranking member, Mr. +Waxman, for his opening statement. + Mr. Waxman. Thank you very much, Mr. Chairman. + I want to thank you for holding this hearing. This is an +important hearing, and I especially want to thank our witnesses +who have come today. + What we are going to hear about and what this committee +will shine a light on is the egregious mistreatment--it is +inexcusable--that wounded National Guard and Army Reserve +soldiers face. I want to mention the fact that the soldiers and +their families who are here with us today deserve praise for +their bravery, and especially for speaking out on behalf of +their fellow soldiers. I thank you for being here. + Today we are going to hear about the inadequate care that +wounded National Guard and Army Reserve receive. Tens of +thousands of these Reservists have been called to duty with +little notice. They have left their jobs, they have left their +homes, they have served honorably far away from their family +and loved ones, and, unfortunately for many Army Guard and Army +Reserve soldiers wounded in action, the real battle begins when +they arrive home. + Let me be blunt. The way the administration is treating +wounded soldiers and veterans is a disgrace. As my staff has +found in a series of reports, veterans across the country are +routinely forced to wait months just to schedule a medical +appointment. And when a veteran is severely injured, he or she +has to wait months without any income before the Veterans +Administration will process his or her disability claim. + While we looked into the complaints that my office was +receiving, we found that there were 10,000 veterans in Los +Angeles, alone, waiting to have their disability claims +processed last year. This was a huge increase from just the +year before. + And the problems are only going to get worse. The number of +veterans who will need medical care will increase 5 percent +next year, but the President's latest budget actually proposes +a decrease in real funding for VA health care. To make up the +difference, the President proposes large increases in +copayments and deductibles that will force hundreds of +thousands of veterans to lose their VA health care. + Over the last year, I have released several reports +documenting these problems. I would like, Mr. Chairman, to have +the report made part of the hearing record. + Chairman Tom Davis. Without objection, the report will be +put in the record. + [The information referred to follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.006 + + [GRAPHIC] [TIFF OMITTED] T0085.007 + + [GRAPHIC] [TIFF OMITTED] T0085.008 + + [GRAPHIC] [TIFF OMITTED] T0085.009 + + [GRAPHIC] [TIFF OMITTED] T0085.010 + + [GRAPHIC] [TIFF OMITTED] T0085.011 + + [GRAPHIC] [TIFF OMITTED] T0085.012 + + [GRAPHIC] [TIFF OMITTED] T0085.013 + + Mr. Waxman. Today we are going to learn about the plight +that wounded National Guard and Army Reserve soldiers face when +they return home. Wounded regular duty troops are sent to +medical facilities at their home bases when they leave Iraq or +Afghanistan, but many wounded National Guard soldiers are +placed in what is called medical hold status. As we will learn, +these soldiers are sent to shoddy, dilapidated bunkers far from +their home bases where they face long delays to receive medical +appointments and treatment, and they confront a labyrinth of +forms to fill out and offices to visit just to receive the care +and benefits due them. + These soldiers have risked their lives for us, and they are +returning home with severe and sometimes incapacitating +injuries, yet the administration continues to neglect their +health care and delay their benefits. + Mr. Chairman, I hope this hearing will be a step toward +doing right by our veterans. Guardsmen and Reserve soldiers +will be sorely needed for the foreseeable future. Let's give +them the respect and care that they all so rightly deserve. + [The prepared statement of Hon. Henry A. Waxman follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.014 + + [GRAPHIC] [TIFF OMITTED] T0085.015 + + [GRAPHIC] [TIFF OMITTED] T0085.157 + + Chairman Tom Davis. Mr. Waxman, thank you very much. + Are there any other Members who wish to make statements? +The gentleman from Nevada, Mr. Porter. + Mr. Porter. Thank you, Mr. Chairman. I appreciate your +taking the time to hold this hearing today. I would also like +to thank our witnesses for coming here to testify. Sergeant +Perez is here today, a constituent of mine, from Logandale, NV. +I would like to especially thank him and his wife Elena for +traveling this long way to be with us today. + Our country is at war in a war against terrorism. +Throughout this war, thousands of our brave men and women have +volunteered to wear military uniforms and fight for the +freedoms that many of us take for granted. Unfortunately, this +war has had its casualties, but it is our job as Members of +Congress to make sure that our injured and returning soldiers +are cared for in the best possible manner. + The purpose of this hearing today is to examine the +effectiveness and the efficiency of Army medical administrative +processes and procedures that govern injured Army Guard and +Reserve soldiers. Although the majority of these men and women +are treated appropriately and above and beyond, we are now +aware that many returning soldiers are experiencing +difficulties associated with active duty medical extensions, +medical retention processing, Medical Evaluation Boards, and +Physical Evaluation Boards. With these programs, many returning +soldiers are finding that they will have to deal with numerous +layers of bureaucratic red tape, significant paperwork, and in +some situations problems associated with their pay and +benefits. + I have two constituents who have submitted their testimony +to the committee regarding this problem. One of my +constituents, Brian Robinson, was not able to be here today. +Brian was a specialist in the Nevada Army National Guard. +During his time in Nevada Army National Guard he was deployed +to Iraq, where a vehicle he was riding in was struck by a hand- +detonated land mine. As a result of this attack, Specialist +Robinson suffered damage to both of his ears, cuts and bruises +over his left eye, fractures to his left elbow and left wrist, +a crushed index finger, severe head and back pain, whiplash, +shrapnel damage, as well as swelling and bruising. + After this attack, Specialist Robinson was flown from Iraq +to Kuwait, and then from Kuwait to Germany for additional care. +But after about a week in Germany, Specialist Robinson was +cleared to return to the United States. Specialist Robinson was +then admitted for care at Madigan Hospital and was granted 30 +days leave for convalescent care. It was during this time that +the U.S. military contacted his parents to notify them that he +had been injured and that he was in a hospital in Germany. + Finally, while Specialist Robinson was being cared for by +the Air Force physicians at Nellis Air Force Base in Las Vegas +while on convalescent leave, the Army decided that Sergeant +Robinson would have to return to Madigan for care by Army +physicians as opposed to Air Force physicians. + Sadly, Mr. Chairman, Specialist Robinson's story is not +unique. Another one of my constituents, Sergeant Joseph Perez, +who is here today, is going to tell a similar story about the +difficulties he encountered after being injured in the line of +duty in Iraq. + Sergeant Perez is an exemplary American who served this +country both since 1988 in the U.S. Marine Corps and later in +Nevada Army National Guard, and is certainly someone that we +should be proud of, since he received the Naval Commendation +Medal, Sergeant of the Year for Western Region, and Recruiter +of the Year. + I, of course, will let Sergeant Perez tell his story in +person, but I will point out that both Specialist Robinson and +Sergeant Perez proudly served our country during the global war +on terror, and both have submitted testimony not to bash the +Army, but rather to help find a solution to this longstanding +problem. + Mr. Chairman, I am hopeful that our Army witnesses will +help us look toward an effective, long-term solution, and I +firmly believe that our Reserve soldiers who were injured or +became ill in the line of duty should be given the pay and the +benefits they deserve in an accurate and timely manner. + Again, thank you, Mr. Chairman. + Chairman Tom Davis. Thank you very much. Any other Members +wish to make statements? Ms. Norton. + Ms. Norton. Mr. Chairman, I think you do a service for +members of our military and for Congress, alike, in holding +this hearing, and I appreciate that you have done so. I want to +thank the members of the military who have agreed to step +forward to help educate the Congress and to help us better +prepare for what we should be doing for our members of the +military, and especially the Reserve and the National Guard. + Walter Reed Hospital is, of course, located in my District +here in the District of Columbia, and I have visited Walter +Reed and seen world class treatment of the most seriously +injured. I have also seen television reports of state-of-the- +art treatment moving people from the battlefield to where they +can be treated. So it looks like there are some places in the +military where people do get first-class treatment. + Members of Congress are particularly close to the Reserve +and National Guard. They are citizen soldiers and we have been +hearing complaints now for years, particularly since the Iraqi +war. I am concerned on two levels: first and foremost, at the +health care that returning soldiers are receiving or not +receiving; and, second, with the future of the volunteer Army, +itself. We will hear about that. I believe there have been some +improvements. There are still complaints. We need to know what +the status is today and what we can do about it. + As to the volunteer Army, we are dealing with an unpopular +war at home that has already taken its toll on recruitment for +the Army Reserve and National Guard. We need to do all we can +if we want to have a volunteer Army to make sure that people +want to join that Army, particularly at a time when we are +engaged and they see it every day on television in a guerilla +war on the ground. At the very least they need to know that if +they are wounded they are going to get the best health care +that the United States has to offer. Every member of this panel +I am sure is committed to seeing that happens. + I thank you again, Mr. Chairman. + Chairman Tom Davis. Thank you. + Any other Members wish recognition? Mr. Cummings. + Mr. Cummings. Thank you very much, Mr. Chairman, for +holding this hearing on medical treatment of injured Army +National Guard and Army Reserve personnel. + As I stated at the committee's hearing last year, it is +deeply troubling to learn of the pervasive problems associated +with pay and medical treatment of Guard and Reserve personnel. +I believe--and I am sure that many other members of this +committee believe, as well--that this situation is simply +unacceptable. While I am comforted to learn of new efforts to +help address these important issues, such as the community- +based health care initiative, I am equally unhappy with the +fact that there are soldiers who shed blood, sweat, and tears +in the service of this country experiencing pay disruptions or +medical care that is as much a burden as it is a blessing. + Insufficient planning and poor management controls by the +Army made it ill equipped to meet the needs of the Guard and +Reserve soldiers recently activated and deployed in Iraq, +Afghanistan, and elsewhere around the world in the war on +terror. + A central focus of this hearing is to examine the quandary +many Guard and Reserve soldiers find themselves in when they +are classified in a medical hold status while injured or ill. +While approximately 5,000 Reservists are in medical hold, too +many of our Nation's bravest have to endure long delays in +diagnosis and medical treatment in austere facilities far away +from friends and family. The consequences of this problem often +manifest themselves in pay disruptions, stress, and undermined +morale at a period of time when injured Guard and Reserve +soldiers should be primarily focused on recuperation. + The GAO has indicated in its report entitled, ``Military +Pay: Gaps in Pay and Benefits, Etc.,'' that sensible guarantees +could not be given that Guard and Reserve soldiers would +receive undisrupted pay and benefits in the event that they +became wounded or sick. The study also indicated a startling +finding that a designation of ``falling off orders'' lead to 24 +of 38 Reservists having their pay disrupted while they were +undergoing medical care. + Additionally, the GAO cites numerous obstacles to +inefficient management in the medical treatment of Guard and +Reserve soldiers ranging from poor dissemination of information +to soldiers about the active duty medical extension to lack of +an integrated personnel system that is updated at all times. + Mr. Chairman, finally I believe that we honor the service +and sacrifice of those who risk their lives for our Nation in +the Armed Forces by eliminating inefficient, ineffective +bureaucracies that undermine their ability to receive the pay +that they are entitled to and the benefits that they are +entitled to. + I am eager to hear from the witnesses today about what has +been done and what is being done to address the pay and benefit +problems Guard and Reserve soldiers are experiencing, and I +hope, in the words of one of my constituents, that we don't +have motion, commotion, and emotion and no results. + Thank you very much, Mr. Chairman. I yield back. + [The prepared statement of Hon. Elijah E. Cummings +follows:] + +[GRAPHIC] [TIFF OMITTED] T0085.016 + +[GRAPHIC] [TIFF OMITTED] T0085.017 + +[GRAPHIC] [TIFF OMITTED] T0085.018 + +[GRAPHIC] [TIFF OMITTED] T0085.019 + + Chairman Tom Davis. Mr. Ruppersberger. + Mr. Ruppersberger. Thank you, Mr. Chairman. + First, I would like to begin this opening statement by +thanking our brave soldiers for their courage and bravery, not +only on the battlefield but for being here today on behalf of +your comrades. I was struck to the core when reading your +stories. You are quite right in stating you are sadly not alone +in this poor treatment. The Nation, the Pentagon, and this +Congress owes you better. + Sergeant Allen, you spoke of the responsibility leadership +carries, and I commend you for that. Soldiers, particularly +disabled soldiers, should not be further burdened by +disconnected bureaucracies. As members of this committee and in +this legislative body, we must take responsibility and lead +better in this area. + This is not a new issue for me. In August 2004 the problems +severely disabled soldiers were facing came to my attention and +on September 1st I introduced H.R. 5057--and this is a +bipartisan bill--with Congressman Jones and Congressman Hoyer +to expand the DS3 program in the Pentagon. That bill envisioned +a joint command center with an executive agent to be a one- +call-fits-all helpline for soldiers, Marines, Sailors, Airmen, +and Coast Guardsmen. + It was intended to help with all sorts of problems severely +disabled servicemen and women face when they return home, +including pay, medical appointments, caseworker management, +transportation, employment-related issues, and many other +problems. Senators Bond and Kennedy introduced companion +legislation in their chamber, and we came very close to passing +that legislation before the close of the 108th Congress. + Now, I know we were onto something when Paul Wolfowitz, +Secretary Wolfowitz, held a ribbon-cutting ceremony on February +1st of this year to launch the Military Severely Injured Joint +Support Operations Center. This center draws heavily from H.R. +5057, and I congratulate the Pentagon on this effort. + We are working with our colleagues in the House and Senate +to monitor this program and its progress and to see if it is +working and if we can help. + The issue before us today is not just about processing +paperwork; it is about the most basic promise we make to all +men and women who put a uniform on and take the oath to serve +our Nation. As leaders we have the responsibility to take care +of these men and women and to leave no one behind and to not +ignore them once we bring them home. + One great lesson from today's testimony and the GAO report +is that our Federal Government needs to get much smarter in the +way we do business. We have spent millions and millions of +dollars creating joint weapon systems, open architecture +platforms, and other integrated systems to create a more +seamless battlefield between our military branches. Certainly +we can do the same for our payroll and other processing systems +for the Army, Navy, Air Force, and Marines. I fear the stories +we hear today are just the +tip of the iceberg and we should draw from the courage of these +soldiers to fix this system and to help those who will follow. + Thank you, Mr. Chairman. + [The prepared statement of Hon. C.A. Dutch Ruppersberger +follows:] + +[GRAPHIC] [TIFF OMITTED] T0085.020 + +[GRAPHIC] [TIFF OMITTED] T0085.021 + +[GRAPHIC] [TIFF OMITTED] T0085.022 + + Chairman Tom Davis. Thank you very much. + Any other opening statements? + [No response.] + Chairman Tom Davis. Well, if not we will proceed to our +first panel of witnesses. We are very honored and grateful that +you are here today to share your personal experiences with the +committee. I understand that some of you appear with a little +apprehension about how your candor today might affect your +future careers in the military. Let me just say that we +appreciate the opportunity to receive your testimony under +oath, and you have our assurances that you will not pay a +professional price for sharing your stories with us. In fact, +Congress is deeply gratified for your willingness to step +forward. + We welcome today Mr. Gregory Kutz, the Director of +Financial Management and Assurance at the U.S. Government +Accountability Office; Brigadier General Raymond C. Byrne, the +acting State Adjutant General of Oregon; Sergeant First Class +John Allen, B/3/20th Special Forces Group, North Carolina +National Guard. + Sergeant Allen, it is nice to see you again and have the +opportunity to publicly thank you for all that you have done to +bring the plight of injured Guard and Reserve soldiers to the +attention of this committee. + We also have with us Sergeant Joseph Perez, the 72nd +Military Police Co., Nevada National Guard; Chief Warrant +Officer Rodger L. Shuttleworth, Chief, Reserve Component +Personnel Support Services Branch, Army Human Services Command, +Maryland National Guard. Chief Shuttleworth is accompanied by +Chief Warrant Officer Laura Lindle, who is here to support +Chief Shuttleworth's testimony--so when we swear everyone in, +if you could rise and raise your right hands--and Master +Sergeant Daniel Forney. He is a Reserve Component liaison, +Medical Holding Co., Walter Reed Medical Center, an Army +Reservist from Pennsylvania. + Sergeant Forney, it is also good to see you again and I +want to thank you for your commitment to those soldiers and +their families. Give my best to your fellow Reserve liaison +soldiers at Walter Reed. + Before we begin, I want to recognize and thank a few more +people who are here accompanying our first panel. Along with +Mr. Kutz, I want to recognize John Ryan, Gary Bianchi, and +Diane Handley of the GAO Special Investigations Office, who +over the last 2 years have gone beyond the call of duty to +assist this committee with its investigation. + I also want to welcome and thank Mrs. John Allen and Mrs. +Joseph Perez for coming here today with your husbands. As we +salute your husbands' service and the sacrifices, we salute +yours, as well. + There is another husband and wife team I want to recognize +and thank who have provided separate written statements today +about their experiences: Specialist Brian Robinson of the +Nevada National Guard, and his wife, Mrs. Nicole Robinson, +whose stories I encourage everyone to read. I think Mr. Porter +referred to it in his opening remarks. + I want to thank everybody for taking part in this very, +very important hearing. It is our policy that all witnesses be +sworn before their testimony, so if you would rise with me and +raise your right hands. + [Witnesses sworn.] + Chairman Tom Davis. Thank you very much. + Your entire written testimony is in the record. Questions +will be based on that. That is in the public record. There is a +light in front of you that will be green when you start. It +will turn orange after 4 minutes, and at the end of 5 minutes +it turns red. We would appreciate it if you could move to +summary after that, but we are not going to gavel you shut if +you feel you just need to add something. This is an important +issue, and we want to give you time to adequately explain to +live Members what we are about today in your experiences. + Mr. Kutz, we will start with you and we will move straight +on down the line. Thanks for being with us and thanks for the +work that you and your team have done on this. + + STATEMENTS OF GREGORY D. KUTZ, DIRECTOR, FINANCIAL MANAGEMENT +AND ASSURANCE, U.S. GOVERNMENT ACCOUNTABILITY OFFICE; BRIGADIER + GENERAL RAYMOND C. BYRNE, JR., ACTING STATE ADJUTANT GENERAL, + STATE OF OREGON, ACCOMPANIED BY COLONEL DOUG ELIASON, M.D.; +SERGEANT FIRST CLASS JOHN ALLEN, B/3/20TH SPECIAL FORCES GROUP, + NORTH CAROLINA NATIONAL GUARD; SERGEANT JOSEPH PEREZ, 72ND + MILITARY POLICE CO., NEVADA NATIONAL GUARD; CHIEF WARRANT + OFFICER RODGER L. SHUTTLEWORTH, CHIEF, RESERVE COMPONENT + PERSONNEL SUPPORT SERVICES BRANCH, ARMY HUMAN RESOURCES + COMMAND, MARYLAND NATIONAL GUARDSMAN, ACCOMPANIED BY CHIEF + WARRANT OFFICER LAURA LINDLE; AND MASTER SERGEANT DANIEL + FORNEY, RESERVE COMPONENT LIAISON, MEDICAL HOLD, WALTER REED + MEDICAL CENTER, U.S. ARMY RESERVIST, PENNSYLVANIA + + STATEMENT OF GREGORY D. KUTZ + + Mr. Kutz. Mr. Chairman and members of the committee, thank +you for the opportunity to discuss pay problems for mobilized +Army National Guard and Reserve soldiers. I previously +testified that 94 percent of the soldiers that we investigated +had pay problems. My bottom line today is that gaps in pay and +benefits cause significant stress and financial hardship for +injured soldiers and their families. + My testimony has two parts. First, pay problems for injured +soldiers, and second, Army's new process for soldiers injured +fighting the global war on terrorism. + First, we found that the Army does not know how many +injured soldiers have experienced pay problems. Injured Reserve +Component soldiers can request to have their active duty orders +extended and their pay and benefits continued. When soldiers +fall off of orders, pay and benefits generally stop. Based on +our analysis of Army data for 2 months in 2004, 34 percent of +the 867 soldiers who applied for extensions fell off their +orders before their requests were granted. + We found the following examples of the impact of these +problems: soldiers and their families denied medical and dental +care, loss of access to the post exchange and commissary, +negative impact on credit due to late payment of bills, +soldiers borrowing money from friends and family to pay bills, +added stress for soldiers that already had serious medical +conditions, and injured soldiers spending incredible amounts of +time to obtain entitled pay and benefits. + Of our 10 case study, 2 soldiers are here today, Sergeant +First Class John Allen and Sergeant Joseph Perez. They will +tell you their own stories. + The key causes of these problems included a weak control +environment, a broken process, and non-integrated pay and +personnel systems. For example, one Special Forces soldier who +lost his leg when a roadside bomb destroyed his vehicle in +Afghanistan missed three pay periods totaling $5,000. Why? +Because this soldier's application did not contain adequate +information to justify his qualification for an extension. + The financial hardships experienced would be far worse if +not for the heroic efforts of people like Master Sergeant +Forney and Chief Warrant Officer Shuttleworth, who will also +tell you their stories. + Second, there is some good news. The Army's new process for +soldiers injured fighting the global war on terrorism appears +to have significantly improved the front-end application +process. According to Army officials at each of the 10 +installations that we visited, they have experienced few delays +in obtaining initial orders for injured soldiers. However, +several key issues remain, including the Army's lack of +visibility over injured soldiers. This problem reflects DOD's +many stovepiped personnel systems. For example, the Army +contacted one soldier's parents to inform them that their son +was injured in Baghdad and was at a hospital in Germany; +however, this soldier had been back in the States for 20 days. + In conclusion, this pay issue is another example of the +ineffective and wasteful business practices processes that +plague virtually every aspect of DOD's high-risk business +operations. To its credit, the Army's new streamlined process +has significantly reduced the initial delays extending orders; +however, many problems remain and must be addressed in a more +comprehensive manner with clear leadership and accountability +for results. There should be zero tolerance for the poor +treatment of our injured heroes. + Mr. Chairman, I look forward to continuing to work with +this committee to help soldiers. I am also honored to be at the +table with the other witnesses who have each played a +significant role helping injured soldiers, and I look forward +to their testimony. + [The prepared statement of Mr. Kutz follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.023 + + [GRAPHIC] [TIFF OMITTED] T0085.024 + + [GRAPHIC] [TIFF OMITTED] T0085.025 + + [GRAPHIC] [TIFF OMITTED] T0085.026 + + [GRAPHIC] [TIFF OMITTED] T0085.027 + + [GRAPHIC] [TIFF OMITTED] T0085.028 + + [GRAPHIC] [TIFF OMITTED] T0085.029 + + [GRAPHIC] [TIFF OMITTED] T0085.030 + + [GRAPHIC] [TIFF OMITTED] T0085.031 + + [GRAPHIC] [TIFF OMITTED] T0085.032 + + [GRAPHIC] [TIFF OMITTED] T0085.033 + + [GRAPHIC] [TIFF OMITTED] T0085.034 + + [GRAPHIC] [TIFF OMITTED] T0085.035 + + [GRAPHIC] [TIFF OMITTED] T0085.036 + + [GRAPHIC] [TIFF OMITTED] T0085.037 + + [GRAPHIC] [TIFF OMITTED] T0085.038 + + [GRAPHIC] [TIFF OMITTED] T0085.039 + + Chairman Tom Davis. Thank you very much. + General Byrne, thank you for being with us today. + + STATEMENT OF BRIGADIER GENERAL RAYMOND C. BYRNE, JR. + + General Byrne. Mr. Chairman, members of the committee, I +would like to thank the Committee on Government Reform for the +opportunity to speak today. + Over 3,000 Oregon soldiers have served their country as +part of the Operation Iraqi Freedom and Operation Enduring +Freedom. These citizen soldiers have served bravely with the +expectation of returning to home, family, and employer. +Currently, over 100 of them have paid a much larger price +through injury or illness, and 10 have made the ultimate +sacrifice in the service of their Nation. + I am currently serving as the Acting Adjutant General of +Oregon and work directly for the Governor of the State of +Oregon, the Honorable Ted Kulongoski. This point is important +because it highlights where my loyalty and duty reside: to the +Governor and the soldiers and airmen of the Oregon National +Guard. + Additionally, I have been questioned by some individuals as +to my interest in Oregon National Guard soldiers currently in +Title 10, active duty status. I have been told they are no +concern of mine. The answer I give is that Oregon National +Guard is a force provider and has a duty to ensure that the +soldiers and airmen on active duty are well taken care of. +Their employers, families, friends at ``Fort Oregon'' all have +an interest in their care and well-being. All my soldiers and +airmen will come home to Oregon one way or another. + In visiting my soldiers who have returned wounded or +injured, I have a few observations which I would like to share +with this committee. + First, I applaud the community based health care +organizations [CBHCO], which is the single greatest improvement +in care for Reserve Component soldiers I have seen in my +military career. For the first time we have placed the needs of +the soldiers and the Reserve Component on par with the active +duty soldiers. This program is critical and should be +supported, continued, and, in fact, expanded to allow soldiers +to return home, yet receive the care they need and deserve. + Second, we must look at the administrative processes that +hold up wounded or injured soldiers at power projection +platforms. The soldier whose medical decisionmaking process is +complete, a determination has been made, should never have to +wait up to 30 days for an order releasing him or her from +active duty. + Third, we must provide advocacy for Reserve Component +soldiers in helping them through a foreign and often +frightening process of determining disability. The Army Medical +Department provides first-class care on par with any health +care organization in the Nation, but our Reserve Component +soldiers are accustomed to a far different system, a much more +consumer friendly system with choices, especially when it comes +to getting second opinions on procedures that may provide to be +life-changing, and the feeling on their part that your health +care provider works for you. We need advocates other than the +Inspector General for our Reserve Component soldiers who can +break down the perceived and real barriers. + The reality many of our soldiers are faced with after a +wound or injury is that they may not be able to return to their +civilian occupation, and the financial support that is +available through the disability ratings determination may be +inadequate to sustain them and their families while they are in +the retraining environment. + Their lives and the lives of their families are forever +changed. Soldiers that go through the MEB process and are +discharged with 0 percent disability receive no disability +payment, cannot join a Reserve unit, and in some cases may not +be able to return to their previous job. + It is the experience of one VA counselor I talked to in +Oregon that it is not uncommon for VA to double the disability +rating received by service members going through the MEB/PEB +process. + The stress and turmoil a Reserve Component soldier faces +not knowing if they will be able to support their family or +return to their jobs is a clear impediment to the healing +process. We must do a much better job of bridging the gap from +AC to RC or to VA when our soldiers are injured or wounded. + Finally, we need to help heal the hidden wounds of post +traumatic stress disorder [PTSD], and post deployment +readjustment. A recent New England Journal of Medicine study on +four battalions of active duty soldiers and Marines provides a +valuable insight into future problems and issues. Again, this +study was done on active duty personnel, and I would urge a +study be conducted on Reserve Component personnel who face far +different circumstances as they return to their communities and +not active duty posts that contain services and support not +found in many remote areas of Oregon. + I have with me today Colonel Doug Eliason, senior medical +officer of Oregon and a family practice physician in Salem, OR. + Thank you for your time and your support. + [The prepared statement of Brigadier General Byrne +follows:] + +[GRAPHIC] [TIFF OMITTED] T0085.040 + +[GRAPHIC] [TIFF OMITTED] T0085.041 + +[GRAPHIC] [TIFF OMITTED] T0085.042 + +[GRAPHIC] [TIFF OMITTED] T0085.043 + +[GRAPHIC] [TIFF OMITTED] T0085.044 + +[GRAPHIC] [TIFF OMITTED] T0085.045 + +[GRAPHIC] [TIFF OMITTED] T0085.046 + +[GRAPHIC] [TIFF OMITTED] T0085.047 + +[GRAPHIC] [TIFF OMITTED] T0085.048 + +[GRAPHIC] [TIFF OMITTED] T0085.049 + +[GRAPHIC] [TIFF OMITTED] T0085.050 + +[GRAPHIC] [TIFF OMITTED] T0085.051 + +[GRAPHIC] [TIFF OMITTED] T0085.052 + +[GRAPHIC] [TIFF OMITTED] T0085.053 + +[GRAPHIC] [TIFF OMITTED] T0085.054 + +[GRAPHIC] [TIFF OMITTED] T0085.055 + +[GRAPHIC] [TIFF OMITTED] T0085.056 + + Chairman Tom Davis. Thank you very much. + Sergeant Allen, thank you for being with us. I just want to +urge the committee members to listen to his testimony. + This is the equivalent of financial and medical friendly +fire from armed services. We met before over at Walter Reed, +and I asked you to come forward, and I very much appreciate you +and Sergeant Perez being here to share your personal stories, +because this puts a personal face on the problems that our +troops face when they come back from battle. + Thank you very much. + + STATEMENT OF SERGEANT FIRST CLASS JOHN ALLEN + + Sergeant Allen. Yes, sir. + Mr. Chairman, members of the committee, it is a distinct +honor to be here to discuss the important issues affecting +National Guard soldiers. + I would like to start by saying that I am definitely out of +my element, so I am a little nervous today, so bear with me. + My name is Sergeant First Class John Allen. I am a National +Guard soldier from Blairstown, NJ. In my civilian occupation, I +am a police officer. In the Army I am a member of Bravo Co. +Third Battalion 20th Special Forces Group. I am a U.S. Army +Special Forces weapon sergeant responsible for weapons, +tactics, and security. + I have been a soldier for 14 years, and while in +Afghanistan I was asked to extend my deployment, and I happily +did. If medically able to, I would rejoin my brothers in arms, +who did some wonderful things to free an oppressed people from +a reign of tyranny. It was and is well worth every personal +sacrifice I have made. + I tell you my story in hope that after you hear my +testimony I will motivate you all to make the necessary +changes. + Over a year ago when the GAO investigators first approached +me, I was asked what can we do to make things better. My +statement then is exactly the same as it is today: to bring to +light a broken, dysfunctional system in order to correct it so +not one more of my comrades will have to go through what I went +through. + I am retiring later this month, and nothing I say or +anything you may elect to do as a result of my testimony will +personally benefit me. + In the summer of 2002, while deployed in Afghanistan, I +sustained multiple injuries from a helicopter accident and a +grenade blast. I am currently receiving medical treatment at +Walter Reed. After being wounded, I was placed in the Army's +active duty medical extension program [ADME]. I have +experienced significant problems from ADME program, and by Army +regulation it is a 90-day extension. When my orders expire, it +creates a multitude of problems for me and my family--no pay, +no access to the base, no medical coverage for my family, and +the cancellation of all my scheduled medical appointments. + Our wounded soldiers have our share of champions, to +include the President, the Secretary of Defense, the Deputy +Secretary, and, of course, this committee. I want to personally +thank all of you. In regards to what I call the day-to-day +survival people who I have been blessed with meeting, such as +Gary Bianchi of the GAO, Grace Washbourne of Chairman Davis' +staff, I can never thank you enough for what you have done for +me and my family. Most important of all, I want to thank all +the doctors and health care professionals at Walter Reed +Medical Center for their excellent health care. + We have come a long way since I was wounded, and some +significant changes have been made. By working together with my +champions, we have already made some significant +accomplishments. We brought Walter Reed up to the handicapped +access standards, the Reserve Component pay and finance system +is being reworked, we have done away with the active duty +medical extension program for injured warriors, and we have +opened the severely disabled veterans clinic. However, +significant problems continue to exist that will require all of +our assistance in completing the task. + The problems as I see them are a combination of the system +and some of the personnel. Commanders at all levels must be the +engines for change, and the subordinates must follow that +commander's intent. Unfortunately, there is no overall good guy +wearing a white hat and no overall one bad guy wearing a black +hat. I wish it were that easy. + I have certainly encountered some lazy, non-caring, even +prejudicial individuals along the way, but had an adequate +system been in place to take care of Reserve Component disabled +veterans, it would have made my situation almost impossible to +occur. As long as I have been around the Army, I could not have +taken care of my family had I not met some of the prominent +people that I have. I shudder to think what would have happened +to me and my family without all of you that have helped me. + So what happens to the lower enlisted soldier that knows no +one of importance, the young soldiers who don't have any rank? +Who are their champions? How does that leave a Reserve +Component soldier that gets wounded today? Exactly where I was +2 years ago--left to figure it out on his own. + In my written testimony I have included a detailed timeline +of the events related to my ADME issues that clearly +demonstrate a broken system. When the people in my life hear my +story, they look at me like I am crazy. Even Gary Bianchi of +the GAO, when I first met him, looked at me like it was an +unbelievable story until I provided him the supporting +documentation and proof. + As I was writing my testimony on what happened to me over +the last 3 years, I have to agree with them that I must be +crazy to put myself and my family through this. A lot of guys +can't deal with this, and somewhere along the process they just +quit and they go home. I would like to be able to say the +problems are fixed; however, this is not the case. + Currently, I still have problems with my orders, and up to +last month having pay problems. The system is still broken, and +the only way I have been able to get anything done is by +knowing the people that I know. What happens if you don't know +those people? + My first order I would like to address is the commander's +intent and the willingness of the mid-level command personnel +to make logistical effective changes. + The President of the United States declared war on the +terrorists, and the fact is we are at war. I have met many +leaders, to include the current administration, senior +representatives of the Department of Defense, senior leaders of +the Army, and some of this great Nation's Congressmen. I +personally feel that they all do genuinely care about me and my +family. I have seen them get involved in matters and get them +fixed. I believe that the breakdown is clearly in the mid-level +command. + The hospital administrators are also doctors. What +surprises me is their own motto: cause no further harm. How can +you allow Reserve Component soldiers to go months without pay, +nowhere to live, their medical appointments canceled, and not +even being paid? The result is a massive stress and mental pain +causing further harm, violating their own creed. + In the Special Forces we have our own motto: free the +oppressed. In this case, the oppressed are the Reserve +Component disabled veterans that I am here to free today. + I have personally talked to and seen many Marines being +treated at Bethesda Naval Station. I was amazed how their +stories and care treatment are the complete opposite of my own. +Examples of this are contained in my written report and are in +detail for your support. + We are at war and Walter Reed is the receiving center for +our wounded warriors. I would like to invite each one of you to +come to Walter Reed for an unannounced visit and see for +yourself. It would be very easy to correct the situation if the +command element climate supported it. The command staff at +Walter Reed needs to show their care. After what our soldiers +have done and sacrificed for our Nation, don't they deserve +better? + When a Marine is wounded and can no longer support the +team, they are idolized and treated as the heroes they are. +When someone asked me about joining the service, I always used +to recommend the Army. Now, after what I have lived, if one of +my own sons came to me I think I would tell him to join the +Marines. After thinking about that, I thought of what my father +used to tell me--you were either part of the problem or you are +part of the solution. I was wrong to think that. I am part of +and I have felt proud to be part of the Army, and I should not +let a broken system taint my overall experience. Rather than +being part of the problem, I am here today to be part of the +solution. We need to fix our Army, my Army. + Case worker confusion--the saying ``too many cooks in the +kitchen spoils the soup'' holds entirely true here. There are +too many people involved. Each one thinks that what they do is +the most important. The most important thing is what my doctor +tells me, not spending my time chasing my tail for their +accountability and their paperwork. I only need the U.S. Army +Special Operation Command liaisons. These individuals are more +than willing and capable of handling all of my needs. Each +branch should have their own people helping their own people. +If someone is needed, it should go to my liaison and he can +schedule it. If there is an argument between my ombudsman and +whoever it is, I as the patient can go on about getting better +and not being stressed and harassed. + Reserve Component versus active duty--I do not know of any +Reserve Component units that have liaisons. Until the U.S. Army +Special Operations Command commander sent their liaisons on a +permanent basis to Walter Reed, life was very difficult for me. +But what about the Reserve Component soldier that is in +transportation company? Who represents him and who is his +ombudsman? + I thank God I joined the Special Forces, because the +Special Forces are taking care of me. But that shouldn't make +me special in terms of care and representation. In combat, I +was considered a member of the active duty. Once I was wounded, +I was considered a Reserve Component soldier. As a Reserve +Component soldier, my family is not authorized on my orders to +relocate with me. I am not entitled to use my leave as terminal +leave. I am not entitled to have open-ended orders. + My wife and three sons are still living in New Jersey. My +oldest son, who was 10 years old when I was mobilized, is going +to be 14 in July. I have missed a large part of his life and I +can never get it back. When I asked to go home, I was told +active service members have to go to a medical treatment +facility. I am not an active service member. I am a Reserve +Component soldier and my family is at home, a fact that is +causing me significant hardship. However, when I tried to get +any of the active duty entitlements I am told I am a Reserve +Component soldier. I have no problem with either scenario, but +make a command decision on which one I am and allow me the +benefits of that system. + If I need to come back, do so at the Government's expense, +instead of causing me, the soldier, more harm by separating me +from my family and having the soldier assume the financial +burden of paying to go see his family. + The medical hold company I am sure has some kind of +function. To those members of the company that are here today +who have given your all, I thank you and I apologize to you for +putting you in this category with the rest. If they are +supposed to keep our accountability, my liaison does that. If +it is handling and processing my orders and ensuring that I am +paid, then they are not doing their job. It is to this end that +I boldly state there is no reason for the existence of the +medical hold company. They are simply another cook in the +kitchen just spoiling the soup. + They also need to understand they are not dealing with +basic training recruits, but rather our wounded warriors. +Requiring amputees to attend formations, demanding you to come +any time they need something, and the general lack of caring +they have clearly demonstrated by allowing Reserve Component +soldiers to go off orders is wrong. The overall attitude toward +our Nation's finest is disgusting, and at best they should be +ashamed of themselves. This goes on with the full knowledge of +the mid-level command philosophy. + Point five, confusion about the system: everything in the +Army has some kind of standard. I have not ever seen a standard +for medical treatment for Reserve Component soldiers. The +overall board process is confusing. Add in the Reserve +Component factor and it is even more confusing and complicated. +Records for Reserve Component soldiers are kept at their units +and their command are not readily available. + Once mobilized, I was assigned to Third Group Special +Forces. The day I was ordered to ADME my problems started. From +the first day to the present, there is not one set of standards +that I have been provided, and I have not ever submitted the +same supporting documentation. Had I been provided a manual for +injured National Guard or Reserve soldiers, I could have +avoided the majority of the problems that I had. + The Medical Board for Reserve Component versus active +duty--the Medical Board for all soldiers should be the same, +but it is not. Bullets don't discriminate between Reserve +Component and active duty soldiers, and neither should the +Army. Once I was identified as an injured soldier, I should +have stayed on OEF/OIF orders. The pot of money to run the war +should include the price tag for taking care of the wounded for +that war. + I was left on open-ended OEF/OIF orders. There would be +only two amendments to my orders, instead of the eight or nine +I think I have had. My orders would not run out in 90 days or, +under the new system, every 179 days. If my doctor knows that +my treatment is going to take 14 months, then my orders should +be for 14 months, plus processing time. Why is the decision +left up to some personnel person to determine how long if my +treatment is going to be shorter than the order? If the +treatment is longer, there is no problem because it is an open- +ended order. + The burden should not be on me every 90 days to get all my +paperwork done and turned in, keeping following up on the +status of those orders, getting new ID card, a new window +sticker for my vehicle, my family have to travel all the way +down to get new ID cards at their expense and re-register for +Tri-Care. I should be focusing on my medical treatment, the +reason that my orders were extended in the first place. + The Board is supposed to be the same for active duty and +Reserve Component soldiers, but there is one huge difference +that I have contained in my written testimony. + Wounded soldiers are not quitting the team, they are +getting out because their disabilities force them to. There is +a big, big difference. They should still be considered part of +the team. + While talking to a U.S. Army Special Operations commander +recently, he told me of an idea of his of tracking soldiers +once they are out. This is a great idea, and I think the Army +should be helping the disabled veterans after they are out with +their employment, getting into the Veterans Affairs system, and +their reentry into civilian life. + My conclusion--I believe in utilizing my chain of command. +In my case, my chain of command went through military channels +and made no progress. I did not start this investigation; my +chain of command did on my behalf. I have been cooperative in +hopes of fixing a broken, dysfunctional system, and I have been +persecuted for my actions. + Mr. Chairman, I am retiring this month and I am not afraid +to speak my mind, but for some of the guys still receiving +medical treatment and guys that are going to be at Walter Reed +testifying today, to quote my father one last time, ``Tell the +truth and let the chips fall where they may. That way you can +always look at the man in the mirror in the eye.'' I know my +father would be proud of me today standing here letting the +chips fall by fighting for my +disabled veterans. I am grateful for the opportunity to tell my +story. I thank you for all your support and effort. God bless +you and the greatest Nation on this planet, the United States +of America. + [The prepared statement of Sergeant Allen follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.057 + + [GRAPHIC] [TIFF OMITTED] T0085.058 + + [GRAPHIC] [TIFF OMITTED] T0085.059 + + [GRAPHIC] [TIFF OMITTED] T0085.060 + + [GRAPHIC] [TIFF OMITTED] T0085.061 + + [GRAPHIC] [TIFF OMITTED] T0085.062 + + [GRAPHIC] [TIFF OMITTED] T0085.063 + + [GRAPHIC] [TIFF OMITTED] T0085.064 + + [GRAPHIC] [TIFF OMITTED] T0085.065 + + [GRAPHIC] [TIFF OMITTED] T0085.066 + + [GRAPHIC] [TIFF OMITTED] T0085.067 + + [GRAPHIC] [TIFF OMITTED] T0085.068 + + [GRAPHIC] [TIFF OMITTED] T0085.069 + + [GRAPHIC] [TIFF OMITTED] T0085.070 + + [GRAPHIC] [TIFF OMITTED] T0085.071 + + [GRAPHIC] [TIFF OMITTED] T0085.072 + + [GRAPHIC] [TIFF OMITTED] T0085.073 + + [GRAPHIC] [TIFF OMITTED] T0085.074 + + [GRAPHIC] [TIFF OMITTED] T0085.075 + + Chairman Tom Davis. Thank you very much, Sergeant Allen. +Thank you. + Sergeant Perez. + + STATEMENT OF SERGEANT JOSEPH PEREZ + + Sergeant Perez. I would like to begin by conveying my +sincere appreciation to all the committee members today for +this opportunity to help my fellow soldiers. + It is my belief that everyone here today is ultimately here +for the same reason: for love of country and for the heart of +the armed forces. It is my hope that what is conveyed here +today is taken in a positive force, and the steps to improve +the policies and/or administration issues that have been found +lacking, which applies to all U.S. soldiers and their families. + I am a 38-year-old Nevada National Guard. I was on active +duty ever since the Twin Towers fell. I wanted to serve and +defend my country. I was deployed with the 77nd Military Police +Co. in September 2001 for Operation Noble Eagle in Monterey, +CA. During this deployment, two Army stop loss orders affected +my enlistment. My second stop loss regarding specific MOS +extended my service again for 12 months, but after revision put +my ETS to April 2003. + Shortly after our 13-month deployment ended, I took a +position as a Federal fire fighter at the Department of Air +Force, Hill Air Force Base, Layton, UT. However, I was ordered +to come back to Nevada to redeploy for Operation Enduring +Freedom. I was notified that I was to be placed on a third +involuntary stop loss order that extended me to full length of +the deployment plus an additional 3 months. Our deployment +orders sent us to Fort Lewis, WA, to prepare, be evaluated, and +deploy to Iraq. + In late April I was deployed to serve my country as a 95 +Bravo military police sergeant. My unit provided critical +support in theater operations in criminal and security +detention missions. We worked endless hours in weather +conditions exceeding 130 degrees in order to build and +establish confinement operations in an area which is well known +as extremely hostile to coalition forces. We endured over 22 +days of rocket-propelled grenades, mortar attacks, and with +performing MP missions in Iraq under the most dangerous and +hostile conditions such as several vehicle escort missions to +various locations in downtown Baghdad and nearby cities. + I was also selected to play a vital role in transporting +detainees to and from the courthouse in downtown Baghdad and +was subject to daily threats of ambush and attacks during these +convoys. + On July 13, shortly after returning from the convoy with my +squad releasing detainees in the Baghdad area, we were alerted +to rush to the prison compound area. An uprising within the +insurgent detainees led to a prison riot. The insurgents were +armed with sharpened tent poles, tent spikes, and rocks. They +had already injured one soldier, and there was another pinned +down. We led a group of soldiers into the compound as a quick +reactionary force. While under fire, we helped the downed +soldier and quelled the prison riot with physical force. During +these actions I injured my left knee while taking down a +combative. I also received a strong hit to my head. + That night again, just like so many other nights, we +continued to be RPGed and mortar attacked. On occasions, these +mortars entered the confined areas, killing and wounding +numerous detainees. They also took the lives of two MI soldiers +working with us. I remember the day working on the tower and +witnessing part of our own company of 11 soldiers, many of them +being close friends, load onto a military deuce truck. They +were struck by an IUD just outside the prison walls. It blew +them all out of the vehicle, causing many injuries. I still to +this day relive these moments and feel helpless and have rage. + While on a family related emergency leave, I reported to +Nellis Air Force Base to have my knee examined and x-rayed. +They found my knee injury causing me to be unfit for deployment +and in need of medical attention. I notified the Army National +Guard. I was informed that because the physical profile was +conducted by the U.S. Air Force, I could not receive care until +I returned back to Baghdad, Iraq to be examined by an Army +medical doctor. Not wanting to get into trouble, I returned +back to my unit without delay. + On September 2, 2003, I finally had a chance to be seen by +the 28th CSH unit--combat support hospital--in Baghdad, Iraq. +Because of the injuries to my knee, I was placed on medical +evacuation orders to Landstuhl, Germany. After further +examination and x-rays in Germany, they put me on a plane to +Fort Lewis, WA, to be attached to the 2122 GTSB Medical Hold +Co. for treatment. I was put in the Reserve platoon under +National Guard sergeant on orders. He stated his unit was on +orders to work with injured soldiers of the National Guard and +Reserves. He also stated that they were overwhelmed with the +amount of soldiers and the host of medical and personal +problems they were coming home with. I was given old sheets and +led to an old World War I barrack with insufficient water, +heating, limited access for injured soldiers, and with mold +growing on the walls. I was given a bus schedule and told to +find a case manager at Madigan Hospital. + I found and reported to my case manager. I was set up to +see medical staff within a few days. I was told they wanted to +start my medical process with physical therapy, which was set 3 +weeks away. During this time many of the medical hold soldiers +felt like they were lost and thrown away. + When you come back to the States, you figure that +flashbacks and nightmares were a normal stress that you go +through when you come out of a war zone. Soldiers still say, +however, that, despite the Army's efforts, languishing in +medical hold compounds one's medical and psychological issues. +Everything is uncertain. You are denied care, and you feel that +they don't give a damn whether you get better or not. + During the month of November 2003, my National Guard unit +was REFRAD and returned home for Thanksgiving. They were given +a hero's welcome. The ones in medical hold watched it on TV. + On December 8, 2003, I was finally allowed to take +convalescent leave. At this point my wife had to care for me, +and I couldn't see any hope of getting my position back as a +fire fighter at Hill Air Force Base. My wife was beginning to +see signs of change in me and she was worried about my mental +health because of the nightmares and always wanting to be +alone. I couldn't even enjoy the time with my children and +visit family without putting up a front. It was my case +manager, Captain Boardman at Madigan, who promised to get me +remote care through the VA so I could heal and start physical +therapy near my family. + I reported to the VA in Las Vegas in January 2003. I met +with my primary care provider and began medical treatment. That +care I received at the VA was outstanding. Most of my care and +surgery was contracted through a VA fee base program. I was +able to get x-rays, MRIs, physical therapy, surgeries to my +knees and my neck. My appointments were handled quickly and +with the best of care. I also started a veterans PTSD focus +group at the vet center in Las Vegas. My wife and I do believe +that they saved my life. For the first time I felt that my +medical and psychological issues were finally being handled +properly. + During my stay in medical holdover, I received little to no +counseling regarding traumatic events I experienced during war. +Why didn't I or others ask for help? The culture here is that +unless your leg has been torpedoed off or your arm shot off, +then it is not a combat-related injury. Many servicemen here +fear to be stigmatized for being able to deal with their +problems on their own. I did the same thing that everyone else +does in the military--you suck it up. You don't whine. But I am +sure during the course of treatment a soldier will display +signs that will suggest that an individual is in need of mental +health counseling of some kind. + My National Guard unit was demobilized February 10, 2004. +Because of this, my family and I fell off the Army records. +After many calls to the National Guard and hearing that, +because I was still on Title 10 orders, it was an active Army +problem, I started to call Fort Lewis. I was told the exact +opposite. I was finally told that there was confusion about how +to handle the ADME orders and line of duty packages. I asked to +speak to my case manager, to find out he was replaced by a new +case manager who didn't have a clue who I was or what my +situation was. My family went 3 months without military IDs, +Tri-Care health, pay, and even denied entrance onto Nellis Air +Force Base to shop. + Not being able to work, I had to borrow money from family +members to make ends meet. At the same time, I was still +receiving phone calls from the 2122nd medical hold company +saying they couldn't fix anything unless I came back, or I had +to come back or I would be placed on AWOL. This caused more +stress because I had just had surgery to my cervical spine. + I was low on funds, didn't have orders, or even a military +ID card. My wife and family members couldn't believe all the +problems, and started to think that maybe I did something wrong +and I was being punished. All this made me feel worthless, and +I ended up on April 22nd in a mental health unit at Mike +O'Callaghan Hospital for PTSD and again suicidal thoughts. + After two extension orders and a back-dated ADME to report +back to Fort Lewis to be attached to the Madigan Medical Hold, +I finally was able to get my family updated in DEERS and have +military ID again. I was finally able to show proof of +employment and get a rental house for my family. I reported +back to Madigan Medical Hold on July 8, 2004. I was glad to see +that the troops did not have to stay in the old barracks any +more, but a lot of the same problems still remained. Many of +the soldiers were still having pay and order problems. I +started to try to help as much as I could. + I have been involuntarily medically separated because of +the injuries I accrued for my country in Iraq in combat. I have +gone through a major life change, and within the next month I +am having to endure another. I have always had pain in my +knees, and if I walk long distances or lift anything the pain +is greater. Pain in my knees is from the injuries and the past +two knee surgeries for tears, damaged cartilage, micro +fractions, and lateral release. + I also had cervical fusion. I have lost some range of +motion in my neck. I sometimes can't turn my head to the left +and if I look down for a long time, such as reading a +newspaper, my neck locks up. I have chronic neck pain which +starts in my neck and ends in my lower back. I have taken large +doses of hydrocodone throughout the day and the night for +relief. This prevents me from performing tasks that I feel that +I need to be sharp mentally. This medication, along with other +medication, keeps me balanced. I have to take the medication +for the rest of my life. + I can't get to sleep most nights, and I must sleep with a +CPAP machine strapped to my face because of severe obstructive +sleep apnea. I also sleep with a hard mouth brace because of +the TMJ surgeries to my jaw. I still do my therapy with the VA +in Las Vegas. + I continue to take my PTSD group meetings every week at the +Las Vegas Vet Center because it works for me. It helps keep me +strong and centered. I and many of my colleagues say such +problems are particularly acute among the National Guard and +Reserve soldiers, who make up 40 percent of the deployed +troops. I don't think it has been budgeted for the Reserve and +Guard components, and now they want us to suck it up. An +injured soldier shouldn't be thought of less because he is a +Guard member or a Reserve. I am very displeased how my family +has been treated during my medical holdover. But the issues +that are mostly directly affecting my future is my dispute with +the Army over disability ratings. + Most of my conditions are chronic and I can't perform many +of my functions as a fire fighter nor law enforcement. These +were my chosen fields I have strived to be proficient and +professional at. I am told to look forward to a VE rehab +program to help with education and training into a new field +starting me over again. My family and I live in a rural city +outside of north Las Vegas. Our closest health care, hospital, +major food shopping, fitness center, and largest gas station +has always been Nellis Air Force Base, Las Vegas, NV. My first +daughter was even born here when I served with the U.S. Marine +Corps. It is very hard knowing that this has been taken away +from us. + As a Nation, we should note the special contributions of +our National Guard and Reserves. Since the attacks of September +11th, and extended into the Iraq conflict, demands placed on +citizen soldiers and their families have been extraordinary. + I make this statement today not to complain or look for +pity, but to finally have my chance to tell my story. I don't +believe or want to presume that I have a well-rounded knowledge +of military procedures. I do believe this committee has a +vigilant desire to make provisions to the adjustment and +strengthening of these programs. + I would like to make the following considerations: National +Guard and Reserve forces face challenges that their active duty +avoid. When part-time soldiers do return home, they have little +interaction with other soldiers and sometimes feel that they +are the only ones going through these emotional adjustments. I +feel a bit isolated, like the rest of the world has just gone +by me for the past 3 years. For these reasons, I feel that +remote care would benefit and aid the recovery of individual +soldiers and their families. I would recommend the Veteran +Association in ways of medical care. + The medical holding companies have full control over the +soldiers to be able to utilize them in tasks that don't hinder +their care as soldiers. This could help the soldiers progress +in the military and have an active duty component to handle +problems that arise. Many of these soldiers fall through the +cracks when it comes to promotions, educational benefits, and +awards. + The wounds of the battle frequently do not require hospital +attention. There are severe long-term physical and +psychological disabilities that prevent veterans from attaining +positions in our Nation's work force. When a soldier returns, +they have to go through a complex workman's comp type paperwork +to prove that there is something that they did in war, which is +the reason that they are sick. That can take from 4 to 16 +months. They come home injured, and rather than being +integrated into society they are stuck in medical limbo waiting +for their disability ratings and then being diagnosed with pre- +existing conditions that imply that they shouldn't have been +sent overseas in the first place. + For these reasons, I believe there should be a seamless +transition from going from medical hold status to veteran +status. I feel that the veterans service organizations should +have more access to bases to help the injured soldiers deal +with the MEB and PEB issues. Families would be free to focus on +physical and emotional recovery progress in lieu of following +up on paperwork, policies, and medical care on their own +financial and emotional expense. + I have found that many of the problems occurred during my +medical care because the DOD and the VA create an independent +patient record. Records are hand carried to and from agencies. +I also found, unfortunately, that the current VA/DOD process +for sharing information about eligible service members does not +facilitate quickly and there is not a smooth transition into +enrollment into the VA programs. + There seems to be a great deal of difference in the +policies regarding the medical care and treatment of soldiers +between the branches of the military. I feel that the treatment +to an injured should be written and maintained as one standard. +A medical doctor's opinion shouldn't change based off of the +uniform that they wear. + Last, I would like to see more progress and emphasis on +mental health services available in post traumatic stress and +depression. It has made a difference in my life, and I feel +that the programs such as at the vet center will give a great +deal of comfort to many of the returning veterans as they +undergo their personal struggles. + It is because I have a great deal of love for my country +and family that I write this statement. I have cherished much +of my life in the armed services. I have taken pride in wearing +the uniform. I have made great friends and I have seen and +accomplished many things throughout my deployments. There can +be no doubt of the commitment of those in uniform, whether +active, National Guard, or Reserve. When we speak words of +sacrifice, courage, and conviction it touches my heart as a +former Marine and a soldier, as they do for those who are +serving in uniform today in the defense of our safety and +liberty. + I thank you again. + [The prepared statement of Sergeant Perez follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.076 + + [GRAPHIC] [TIFF OMITTED] T0085.077 + + [GRAPHIC] [TIFF OMITTED] T0085.078 + + [GRAPHIC] [TIFF OMITTED] T0085.079 + + [GRAPHIC] [TIFF OMITTED] T0085.080 + + [GRAPHIC] [TIFF OMITTED] T0085.081 + + [GRAPHIC] [TIFF OMITTED] T0085.082 + + [GRAPHIC] [TIFF OMITTED] T0085.083 + + Chairman Tom Davis. Sergeant Perez, thank you very much for +sharing that with us. Mr. Shuttleworth, thank you. + + STATEMENT OF CHIEF WARRANT OFFICER RODGER L. SHUTTLEWORTH + + CWO Shuttleworth. Mr. Chairman, members of the committee, +it is a distinct honor to be here to discuss important issues +affecting injured Reserve Component soldiers, including those +injured as a result of the global war on terrorism. Our Reserve +Component soldiers have born the brunt of growing pains +necessary to change a system that was not designed to support +Reserve Component soldiers. + My name is Chief Warrant Officer Rodger Shuttleworth. My +military career began in 1973, where I served in the active +Army until 1981. I then joined the Maryland Army National Guard +and became a full-time employee of the National Guard Bureau of +1988. I was assigned to my current position as Chief, Reserve +Component Support Services Branch, Army Human Resources +Command, in February 2003. My responsibilities include all +aspects of personnel for Reserve Component soldiers ordered to +active duty under Title 10. + Prior to September 11th, there were only two programs that +dealt with injured Reserve Component soldiers--active duty +medical extensions and incapacitation pay. Incapacitation pay +and allowances are paid to soldiers without them being on +active duty. There are a lot of soldiers on incapacitation pay. +Over $3 million monthly is spent on their care. Without proper +oversight, questions to the best use of the money remains. If +these soldiers were placed on active duty medical extension, +they would be better managed and the Army would spend less +money getting them returned to duty or placed in the physical +disability system. + The numbers of injured soldiers in these programs prior to +2001 was manageable, but due to the largest mobilization of +Guard and Reserve since World War II in the global war on +terrorism, the amount of injured needing assistance grew beyond +the capacity to assist. + For example, I started with a staff of six. At the time, +the Adjutant General of the Army gave me a mission: to do all I +could to increase the capacity to care of our injured Reserve +Component soldiers. At that time, the only process was active +duty medical extension and incapacitation pay. An active duty +medical extension prior to September 11, 2001 was used to order +drilling soldiers injured during training to active duty for +medical care. Because we were not prepared for the disaster of +September 11, ADME had to be used to support GWOT soldiers +injured in the line of duty. Because ADME was not specifically +designed for GWOT, soldiers were being denied eligibility, fell +off pay systems, and lost benefits for their families. + ADME was supposed to be a 179-day program, longer than the +30 days given, but the Army G-1 who was responsible for +establishing and interpreting ADME policy also chose to execute +it, and they became a major stumbling block, shortening +extensions as we tried to ensure GWOT soldiers were treated +equally to their active component counterparts. + These problems continued until the creation of medical +retention process in March 2003. This was an improvement, +better because the application process was easier, the +requirements were streamlined, and all extensions were +automatic for 179 days. We also directly submit the soldiers' +orders to the Defense Finance and Accounting Service so pay +problems and benefits will end. + In January 2004, I established the Medical Services Section +of my branch to facilitate MRP processing, Medical Board +process, and other RC personnel functions for medical reasons. +During this time, we began to realize that we were also +responsible to train and assist Reserve Component and active +Army personnel in medical care facilities who had any questions +at all on Reserve Component processing. + Some calls are from the medical holdover companies who do +not always know how to process or help Reserve or Guard +soldiers being treated in their facilities, but most of the +callers are Guard and Reserve soldiers who have not gotten any +answers from their chain of command at the facilities and have +exhausted all other avenues in health and service. + One of the major problems is that Army medical personnel do +not interface with Army personnel specialists. This continues +to cause serious misunderstandings, delays, and holdups in +personnel services. + Another of the major problems is that we have a medical +command telling an injured Guard or Reserve soldier one thing +and we tell him another. + Another continuing source of inter-Army command +difficulties for us involves our relationship with the Army G- +1. The Army G-1 is by definition supposed to be a source of +policy decisions, innovation that the Army Human Resources +Command are executors of, but this is not always the case. This +causes the following problems: great delays in the approval in +each soldier's paperwork, causing increased days in treatment; +pay problems and benefits; and great family stress. We have +spent far too much time debating between our offices on the +most effective way to support injured Reserve Component +soldiers. + In regards to these difficulties, I am happy to report that +2 days ago the Army G-1 transferred functional responsibility +for all types of Reserve Component personnel management in +regards to medical processing to my branch. + I want to bring forward another problem that my staff and I +encounter every day. Reserve Component soldiers are remaining +on active duty for long periods of time without being injured +into the physical disability process and remain in a medical +board process for long periods of time. Of the paperwork we +review, approximately 80 percent of ADME and MRPE Reserve +Component soldiers will end up in a physical disability system. +Part of the problem is the shortage of trained manpower, both +at medical command and the U.S. Army Physical Disability +Agency. Injured Reserve Component soldiers have paid the price +for this, but we are trying to improve manning and training. + Guard and Reserve soldiers have so many difficulties +because the active Army tries to treat them like active Army +soldiers in all cases, and in some instances they cannot. An +example is when an active Army soldier is med-evac'ed from a +theater of operation to a Stateside medical facility and +determined to be an outpatient, they are returned to their home +unit for a period of recovery. The Reserve Component soldier +may not have a home station because his unit has been mobilized +and there may be no one left at home station to assist them. +This causes us to lose accountability for these soldiers. All +of them are authorized to receive medical care and treatment +and should be reported through active Army organizations prior +to returning to their home of record. + To alleviate this problem, the Army has created the +community based health care initiative. This initiative will +allow some Reserve Component soldiers, after being processed +through an active Army organization, to return to their home of +records and their families, remain on active duty, and receive +medical care. Each community based health care organization is +responsible for the care and accountability of the soldiers +assigned them. My office assists in training the staff +personnel of these newly created facilities. In addition to +that, I have placed over 80 NCOs at Army treatment facilities +in the United States and Germany to assist in patient tracking +and Medical Board processing. Because of the placement of these +NCOs, completed Medical Board ratios have now improved. Over +400 are being done annually. + We have also placed personnel at the U.S. Army Physical +Disability Agency, the DOD Defense Finance and Accounting +Service, and at the CBHCOs. We were also asked very recently by +the Army Installation Management Agency to provide experienced +Reserve Component command and control staff onsites at the +installation because there is a shortage of permanent staff at +the installation medical readiness processing units and CBHCOs. + There is still a need to sustain this staff currently and +at least 2 years after the current contingency operations end. +As of last week, the Director of the Army staff has approved my +office to fill these leadership voids with the Army extended +active duty program. + I hope from my testimony you understand how important it is +to me that my staff and the Army continues to resource and +improve policies aimed at supporting injured Guard and Reserve +soldiers. + There are four things I want to bring to your attention. + One involves a needed change to Title 10. Under the current +law, Reserve Component soldiers not injured in the line of duty +are entitled to a retirement benefit that soldiers that are +injured in the line of duty are not entitled to. That bothers +all of us. I respectfully ask that Congress change this unfair +law. Right now, if you are injured prior to entering the armed +forces and have 15 years of credible service and are found to +be non-retainable, you are eligible to retire and obtain +benefits at age 60. But if you agree to come to active duty and +fight for your country and are injured in the line of duty, you +are not entitled to this benefit. + Second, I have deep concerns about current Army procedures +for injured Reserve Component soldiers at certain Army +installations, including Walter Reed, Fort Bragg, Fort Bliss, +Fort Lewis, Fort Dix, and Fort Drum. These installations do not +provide timely and accurate medical personnel records or line +of duty investigations that are vital to Reserve Component +soldiers who are leaving active duty and will need future +medical care. At these installations there is no standard for +consistency in who is responsible for providing us timely and +accurate records or applications for MRP extensions so that the +soldier is entered into the system. If this doesn't change, +Army case managers will not have access to the records they +need, orders will be cut too late and pay and benefits will be +affected. + I ask the Army Installation Management Agency to help +create standards for installations so that we will have the +same policies in place to assist these soldiers. + Third, even with the new influx of medical case workers +assigned to assist injured Guard Reserve soldiers, the ratio +between patient and care manager is still too high at at least +50 to 1 at each hospital and now 30 to 1 at the CBHCO. These +people are crucial to making appointments, liaisoning with +families, liaisoning with doctors on treatment time tables, and +also entering correct information into the mod system, one of +the many data bases tracking medical data, timely and +accurately. If you can, please help us with this. + Last, my office needs more resources. I have space issues, +funding issues to visit facilities for training and assistance, +and equipment shortages. I have time and again asked my budget +office for the ability to use reimbursable GWOT funds to cover +these expenses and am denied. I don't understand the reluctance +to use already dedicated funds. I look to Congress to consider +line item appropriations to help us in the Guard and Reserve. + Thank you, Mr. Chairman. + [The prepared statement of CWO Shuttleworth follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.084 + + [GRAPHIC] [TIFF OMITTED] T0085.085 + + [GRAPHIC] [TIFF OMITTED] T0085.086 + + [GRAPHIC] [TIFF OMITTED] T0085.087 + + [GRAPHIC] [TIFF OMITTED] T0085.088 + + [GRAPHIC] [TIFF OMITTED] T0085.089 + + [GRAPHIC] [TIFF OMITTED] T0085.090 + + Chairman Tom Davis. Thank you very much. + Sergeant Forney, thank you. + + STATEMENT OF MASTER SERGEANT DANIEL FORNEY + + Sergeant Forney. Mr. Chairman and members of the committee, +it is a distinct honor to be here to discuss active duty +medical extension, the medical retention process, and life at +medical hold at Walter Reed for injured Guard and Reserve +soldiers. + I am Master Sergeant Forney, an Army Reservist from +Pennsylvania with almost 25 years of proud service. I arrived +at Walter Reed Army Medical Center in July 2002, after I +volunteered and received orders from Chief Warrant Officer +Shuttleworth of the Human Resources Command. Chief Shuttleworth +saw the need for someone to help the administrative process for +Guard and Reserve soldiers because the active duty medical hold +company did not know how to help these soldiers. + I was the first Reservist liaison to be sent to Walter Reed +to help soldiers. I was the only one there in that capacity for +over 1 year. When I first arrived, there were only about 10 +injured Army Reserve and National Guard soldiers on ground. I +assessed the situation and determined that the process was +broken. Soldiers fell off orders and had delayed pay and lost +medical care. The soldiers' families also lost Tri-Care +benefits. + Then came the task of keeping them on orders. This is where +the real trouble started. Because I had to send their packets +to the Army G-1 at the Pentagon to be signed and approved, +sometimes it would take up to 4 months to get their orders. +Although doctors had requested extensions for soldiers for up +to 179 days and we submitted those requests, G-1 sometimes did +not grant this much time, instead approving 90-day extensions. +This caused more workload for us and put the soldiers at risk +of falling off orders. This caused great hardship for the +soldiers and their families, not only monetarily but because +medical care for soldiers and their families stop when soldiers +are not on orders. + G-1 requirements for valid support for an extension often +changed, sometimes without notice. For example, at first a form +46-2-R was acceptable for doctors to sign off, and this worked +well. However, after about 6 months this form was no longer +taken. Now a letter from a doctor was needed that included +significantly more information, such as the diagnosis, +prognosis, and medical treatment plan. This then slowed down +the process even more, because a soldier would have to get his +or her doctor to take time and write the letter. + In April 2004 the medical retention process was +implemented. This was a great step forward, reducing the +process of getting orders down to an average of 7 days. + There are still stipulations for getting MRP orders. They +have to be on 12301 orders. These are the mobilization orders. +There are still some bugs in the system and we are working with +the Human Resources Command to fine tune the process. + In addition to the problem with extending orders for +soldiers and lost pay and benefits, there are other issues I +want to bring to the committee's attention. For example, during +all this we encountered even more problems with the active +duty, as they did not know how to deal with the Reserves and +National Guard soldiers. + When I first arrived at Walter Reed in 2002 I found a +soldier from California that was living in the hotel on ground. +He had been living there for 3 months paying out of his own +pocket. He had fallen off orders 2 months before. When he went +to active duty, he was told that there was nothing they could +do for him because he was National Guard. I did get him his +back pay, and that took 2 months because it took a month to get +him back on orders. As far as I know, he has never been +reimbursed the total cost for his out-of-pocket expenses, +approximately $5,000. + Mr. Chairman, my staff and I do whatever it takes to make +sure that soldiers are taken care of. The motto for the medical +hold company at Walter Reed is soldiers first. My staff and I +have spent approximately $2,000 of our own money in the past 2 +years and are continuing to pay out of our own pockets for a +lot of the supplies we use to uphold the motto. The medical +hold company only gets so much money a year, and my office is +at the bottom of the list for funding. What makes this so bad +is the Reserves and Guard are fighting next to the active duty, +and still we treat them like second class citizens. We do not +want to be treated special, just equal. + Thank you, sir. + [The prepared statement of Sergeant Forney follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.091 + + [GRAPHIC] [TIFF OMITTED] T0085.092 + + [GRAPHIC] [TIFF OMITTED] T0085.093 + + [GRAPHIC] [TIFF OMITTED] T0085.094 + + [GRAPHIC] [TIFF OMITTED] T0085.095 + + Chairman Tom Davis. Thank you very much. That was very +compelling testimony. It shows what happens when you don't get +information sharing between the Guard and the Reserves and +military and we are not interconnected and we are just letting +regulations drive this whole process and we are forgetting +about the people. + I am going to start the questions with Mr. Porter. + Mr. Porter. Thank you, Mr. Chairman. Again, thank you to +the panelists for pretty compelling testimony. + I have a specific question for Sergeant Allen. You had +mentioned in your testimony and your backup regarding being +persecuted for actions, vindictive medical hold personnel, and +have been labeled as a troublemaker. Can you give me a little +more details about that? How are you being labeled, and what +are they doing to cause you additional pain and suffering right +now? + Sergeant Allen. At the time, sir, when the original GAO +investigation was started with Mary Ellen Tribanic--she is a +great help--my chain of command started the investigation. They +came to me. I was forthcoming, provided the information that +was asked of me. + Shortly thereafter the first GAO report came out. The +information that was contained in that report was very +specific. It stated something to the effect, if my memory +recalls correctly, ``A Virginia Special Forces National Guard +police officer from New Jersey--'' something to that effect-- +``receiving medical treatment at Fort Bragg,'' which I was the +only one of. When that happened I had on different occasions be +called late at night, 8:30, 9 p.m., be told that I had a 4:30 +or 4 a.m. appointment, medical appointment that is, sir. + And on more than one occasion I went to the appointment, +documented when, where I was told to go. On one occasion at +4:30 a.m. I was told to have an MRI done. I went there. The +NCOIC, the non-commissioned officer in charge, told me that he +had told my medical administrator that they would not do my +appointment at 4:30 a.m. and that I should come back Friday +when my original appointment was scheduled. + I had the NCOIC write a letter, memorandum for record, +stating that, turned it over to GAO, and continued to have +those type of problems. I do have them documented. I have filed +them all with the GAO. It is very unfortunate. I consider +myself a big boy. I can take care of myself, and I have taken +care of myself. But my concern has been and will be for the +lower enlisted guy that can't take care of themselves. That is +one of the examples. + Mr. Porter. Thank you. + Mr. Chairman, if I could ask an additional question. Mr. +Perez, again, thank you for being here. I know that you are a +long way from home. I appreciate it very much. Very compelling +testimony. + Can you kind of explain the difference between when you +were in the Marines and your most recent service? Was there +different treatment? Was there substantial difference in +culture and procedures? + Sergeant Perez. Yes, I would go ahead and answer that. I +enjoyed both the services, but I did feel that the care and the +commitment that I received while in the Marine Corps, even like +it was stated, your mid-level sergeant positions, a gunnery +sergeant or an E-6 or an E-7 took great pride in taking care of +their under-enlistment soldiers. They didn't try to pass it up +the chain of command for the next level to try to take care of +it. I found when I got into the Army once again that, even +though we were serving side by side with the active, when we +got back it was just--there seemed to be a complete discomfort +on how we were treated as National Guard and Reserves. + Many of our command, when they come back to the States, +they are coming back--when they come back to the States they +are getting demobilized. They are going back to their job, +going back to 1 weekend out of the month, 2 weeks out of the +summer time. So when you are trying to get in contact with the +same command that you are serving active duty with, a lot of +times you can't get in contact with them, not even e-mails or +replies back. That is real discomforting, because this is the +command group that you are hoping would be there for you the +same way you were there for them. + Mr. Porter. Thank you. + Chairman Tom Davis. Ms. Norton. + Ms. Norton. Thank you, Mr. Chairman. + Mr. Kutz, in trying to get our arms around this process, +your own work has been important to us. We recognize that part +of what has happened with the medical hold has to do with the +planning connected with the overall war effort. But when we +hear this testimony and we read your report, it has all the +appearance of a startup effort. Can I ask you whether or not +medical holds have been used? Is it because we have such a +large--in other wars? I mean, it is as if we haven't done this +before. Does this have to do with the fact that we are using +such a large Reserve and Guard component to fight this war in +the first place? + Mr. Kutz. Yes. Under the old active duty medical extension +program that was really not designed for the kind of +operational tempo we have today. The medical retention process +that they have in place now is probably more equipped with what +is going on, although that has risks also. + But really what you are talking about here is that they +have a process, not a program that is being managed. There is +no one really in charge, no one responsible. There is a lot of +organizations, but there is no one that you can go to and say +that you are accountable for this. + So the kinds of stories that you have heard from the +witnesses here, you can't go hold anyone accountable at this +point, and so I think someone does need to be put in charge, +made responsible. Put a general in charge of this, an +ombudsman, or someone, because this is clearly reflective of +not being prepared to handle the kind of operational tempo that +you have today. + Ms. Norton. In that regard I would like to get a +clarification from Chief Warrant Officer Shuttleworth who said +in one section of his testimony he was happy to report that G-1 +transferred functionally ``responsibility for all types of +Reserve Component personnel management with regard to medical +readiness processing to my branch.'' I wonder if you are saying +that you are in charge. What are the specific effects you +expect from the transfer you describe in your testimony? + CWO Shuttleworth. The G-1 has transferred all orders +processing and for the most part the approval process except +for those cases that may be in question or may have some +specific things that doctors and medical professionals need to +look at. But what that does is what we had before we did this +was that we had several different agencies within the Army +publishing orders, depending on the kind of active duty that +you were going to place that soldier on. + As of this month, we now own all the orders, ADME, medical +readiness processing both one and two, and all the other +processes that keep these global war on terrorism soldiers on +active duty. Therefore, the soldier now has one place to go and +one place to get those orders from and doesn't have to go +wondering where they are going to get their next order from. + Ms. Norton. Do you believe, for example, if you would just +take me through a scenario--you have heard them here--that this +would solve the problems we have heard and the testimony we +have received here this morning? + CWO Shuttleworth. Yes. ADME was never designed to be a 30 +or 60 or 90-day program. ADME was a program that was designed +to be just what MRP is, but for a smaller number of people. It +was designed to be a 179-day program, 6 months for each +soldier, but because the individuals who managed the program +chose to decide for themselves how much care a soldier really +needed based on the number of days they wanted to put them on +orders, those soldiers began to fall off orders, which was the +wrong thing to do and that will be fixed. No order is cut for +less than 179 days, and they are all directly fed to the +finance accounting office so they will not drop off the system. + Ms. Norton. We are going to really be expecting real +improvements here. You talk about debates back and forth over +what to do. It seems a pretty simple remedy that somebody has +come up with. I can't imagine why it took so long if this is, +in fact, centralizing control that was the answer all along. + May I ask, because it looks like some progress was being +made on the front end, that there were additional personnel +that many on the front end were no longer falling off of their +orders and pay, and there were housing standards. As a result +of some of the work of this committee, it looks like some +improvements have been made. + Now, given the improvement you spoke of, it seems to me a +signal improvement in your testimony. You nevertheless have a +real mop-up job to do here, and therefore I am really +interested in corrective efforts. My question really goes to +part of, I guess, Mr. Kutz' testimony where he says we need +advocates. I am sorry, this is General Byrne's testimony. He +says we need advocates other than the Inspector General for our +RC soldiers who can break down the perceived and real barriers. + I wish you would explain what you mean. It certainly is +true that you have to go all the way to that high level, a +pretty nuclear level to get problems dealt with. I wonder what +you have in mind, what kind of--are you talking about some kind +of ombudsman, some kind of better troubleshooting? Does what we +have heard from Mr. Shuttleworth take care of it in terms of +the support you would need other than the advocate general in +order to get these problems dealt with? + General Byrne. Ms. Norton, I will go ahead and start it, +and then I would like Dr. Eliason. Essentially, what I would be +looking at is some sort of form of an ombudsman, someone who +knows the system, who can take the part of the soldier. For +example, in the process each of the soldiers is given a case +worker, but the case worker doesn't necessarily work for the +soldier, it works for the system in working through getting the +soldiers to the end of the process, the medical process. So +they are not neutral necessarily or for the soldier, and so as +a soldier does go through the process they are not familiar +with the process. + Now, what we have done in Oregon is periodically we send +our medical personnel plus our administrative personnel papers +now up to the various places we have soldiers all across the +Nation, and they go through and they assist them in any pay, +personnel actions, and in some cases any medical actions that +they can assist in. + Let me turn it over to Colonel Eliason. He can better +explain. + Colonel Eliason. The uncertainty of medicine causes concern +for our soldiers. When I as a private physician am asked by a +soldier for my medical opinion, there is a relationship built +on trust that has happened because they have selected me. They +have come to me to be their doctor. They know that they have +choices, that they can go and get second opinions, they can ask +other physicians. Our soldiers, when they become injured---- + Ms. Norton. You said they can get second opinions, although +that was one of the areas that Mr. Kutz' testimony said raised +issues for members of the Reserve and Guard. + Colonel Eliason. Yes, ma'am. I guess what I was trying to +highlight is that the uncertainty happens frequently because of +the fact that you will hear two separate stories, not because +one system has better medicine than the other, but because of +the fact that there is uncertainty and that different treatment +plans vary based on different physicians. + The problem is our soldiers are looked at. When they arrive +at a medical facility they see a green-suit doctor who is the +company doctor, the Army doctor. They don't always see this as +their physician, a person they can trust and establish that +kind of relationship. What advocacy is about is somebody who +can help break down those barriers and explain the uncertainty +in medicine, explain and advocate for the soldier, maybe even +attend an appointment with them to settle a misunderstanding +about their treatment plan. + As General Byrne has said earlier, the Sergeant General has +wonderful indicators of the quality of care that he provides in +the system. The problem is our soldiers often begin with an +element of distrust or at least concern about what health care +they can receive, and this is their physician telling them that +they need surgery or that it is better not to have surgery and +maybe physical therapy first. + Chairman Tom Davis. Thank you very much. I am going to +take---- + Ms. Norton. Mr. Shuttleworth had---- + Chairman Tom Davis. Did you want to say anything, Mr. +Shuttleworth, on that? + CWO Shuttleworth. No, sir. + Chairman Tom Davis. OK. I will take my 5 minutes. It looks +to me like what we have, gentlemen, is a breakdown in the chain +of command. I mean, it is very clear here that this is +absolutely broken, and when people who are in the system tried +to move forward and tried to be advocates they were ostracized, +they were slapped down. We heard this from Sergeant Forney's +testimony. + Maybe a designated ombudsman whose job it is to get to the +bottom of this and that is their job and nobody questions them +is something that you need. We had people who tried to step up +to that role, but the system tended to swallow them. + You have so many different stovepipes in the military right +now, so many chair fights, so we are not getting the +information sharing back and forth. This has taken 30, 40 years +to get it this way. Everybody wants to do it their own way. +They want their own legacy system. They want this or that. We +come into a war at this point and we can't put it together, and +these people, these soldiers who are on the front lines taking +fire, some of them killed, some of them injured coming back, we +have a system that has been so turf driven that it is beyond +the power of one or two people to fix. + One of the purposes of this committee is to try to get +Government to work as a unit. We don't have the jurisdiction of +a lot of the other authorizing committees. We try to work +across those lines to make it work. This is just an indication +with some very sad consequences, and I think, from the +perspective from the Department of Defense, some very +embarrassing consequences of what has happened with years and +years and years of these systems that are jealously guarded, +that are stovepipes, that are not communicating with other +systems, and the people that fall through the cracks. + It gets so regulation driven at this point we forget about +the mission, which is getting these people back on their feet, +getting them the health care that they have earned, that they +deserve, and getting them back out in society. It is +embarrassing for all of us. + Yes, I think there will be some appropriate followup action +on this. The Armed Services Committee is also very, very +concerned about this. But if these gentlemen hadn't taken their +initiative to come forward--and we asked them to come. We asked +them to come here. We begged them to come here. Nobody wants to +embarrass anybody, but it wouldn't get fixed. We have more and +more people in queue. I think people are trying to make it +better, but I am not sure this isn't so stovepipe driven at +this point it becomes more and more difficult all the time. + General Byrne, can you give me some examples of some +specific problems soldiers encountered during their time at +Fort Lewis? And also you made the statement about these +soldiers were of no concern of yours, which is a typical +stovepipe answer that now they are under Army care and you guys +back out. It is the typical turf fight. Who said that? + General Byrne. I would rather not say. + Chairman Tom Davis. I know you wouldn't, but I am asking +you who said it at this point. Do you want to get with the +committee later on? You know, it is not what ought to be +happening. You agree with that, don't you? + General Byrne. Yes, sir. + Chairman Tom Davis. I mean, somebody has to be accountable +somewhere when they are saying this kind of stuff, so I am not +going to ask you to say anything but we are going to ask you +afterwards. Will you help us? Because this should not be +allowed to continue, and the person who said that needs an +attitude adjustment. + Go ahead, though. Tell me some of the problems. + General Byrne. What concerned me, just to followup on that, +the conversation I had with the individual, what concerned me +most in the conversation was the fact that nowhere in our +conversation did taking care of soldiers come up. It was the +fact that there was a newspaper article that had been +published, the fact that potentially I was not following +procedures as far as how we went and did business. As a result +of maybe a news article that came out, my intent was not to +raise major issues, was not to---- + Chairman Tom Davis. Of course not. + General Byrne [continuing]. Embarrass anybody, was not to +create major problems. My whole purpose in going to Fort Lewis +in this case was to take care of soldiers. The way I run things +in Oregon, and I hold my subordinates accountable for this, is +I don't place blame. What is the problem? Let's put our effort +and energy into taking care of the problem, the issue. That is +the way I do business. And so I sometimes, when things get +sidetracked, I get real excited and it bothers me. + Chairman Tom Davis. I think the statement is less +reflective of the individual, I am afraid, and more reflective +of the system. + General Byrne. I would agree. + Chairman Tom Davis. That is why I understand you don't want +to come forward. + General Byrne. Yes. + Chairman Tom Davis. It probably is reflective of the +system. + General Byrne. I can't speak to it. I can only speak to +individuals. + Chairman Tom Davis. Yes. + General Byrne. Very similar to what the soldiers here today +have talked about, very similar things related: pay issues, +promotion issues. I own some of that, and part of the reason +why I went to Fort Lewis was to find out what is--after I +finished the visit I divided up my findings what I had. I +divided it up into three parts: what is it that I owned? What +is it that maybe the medical folks owned? And what is it that +maybe the post owned? Then I sent that off to Fort Lewis, and +then I sent my folks the piece that I had. + I deal with families, so any issues that were related to +families and families not being taken care of I worked at. + Chairman Tom Davis. That is fine. I am glad somebody was +looking after them at this point. + General Byrne. Well, I do. + Chairman Tom Davis. Right. + General Byrne. That is my job. + The second piece that I worked on was there are pay issues. +Again, we need one system, one pay system, and at this point in +time that is not there, but strides are being made, and so I +own some of the pay issues that the soldiers have. I also own +some of the personnel issues, for example, promotions and +things like that, so I own those, too. But as services and +similar instances that these soldiers have testified toward, +those are things that I had concerns of, and then I turned +those back over to Madigan Hospital. + Chairman Tom Davis. Right. + General Byrne. I would like to compliment Dr. Dunn, who is +the commander at Madigan Hospital. When he knows the +information, he works it hard. + Chairman Tom Davis. Thank you. My time is up, but let me +just ask for Sergeant Allen and for Sergeant Perez and also to +Mr. Shuttleworth and Forney, I mean, the two individual cases +we heard about are not isolated cases, are they? Is that +correct, Sergeant Forney? + Sergeant Forney. Right. + Chairman Tom Davis. Unfortunately, these are just two +people. One, we had a long talk with Sergeant Allen, but he had +a half dozen other people with him that had similar problems +just over at Walter Reed, and this is just 1 day going through. +Unfortunately, we are not taking one or two nit-picky +instances. This is a problem that has been endemic throughout +the system. Would you agree with that, Sergeant Allen? + Sergeant Allen. Yes, sir, I would. From the six injured +soldiers from my unit, all six of us had significant pay +problems, significant problems with our orders not being +renewed in a timely manner. And from the other National Guard +and Reserve soldiers that are at Walter Reed with me, they were +having significant problems. + One of the caveats that I do want to add is there is a +couple really good guys that were trying hard that were getting +squashed, like Sergeant Forney. + Chairman Tom Davis. Yes. + Sergeant Allen. And Chief Shuttleworth and Chief Laura +Lindle that was in my testimony, last month when I talked to +you and I was having the pay problems and you read my testimony +about the 23rd, well, that was due to Chief Shuttleworth and +Laura Lindle. Hopefully now that he has gotten command of that +structure, it is going to make a change for all these guys and +we are not going to have what we have had. + Mr. Kutz. Mr. Chairman, I would say that we looked at this +overall. We are talking about hundreds, possibly over 1,000 +soldiers that have had this type of problem, based on our +overall look. + Chairman Tom Davis. Yes. And you don't think that is going +to help recruiting and retention, do you, Mr. Kutz? + Mr. Kutz. That is an issue, because the soldiers that +aren't injured are very well aware of what is happening to the +injured soldiers. + Chairman Tom Davis. And they should be, frankly. I mean, +this is just something that we weren't ready for. + Mr. Ruppersberger, 5 minutes. + Mr. Ruppersberger. Thank you, Mr. Chairman. + I have a whole list of questions, Mr. Chairman, I would +like to leave with GAO and have written answers given back, but +I have another hearing I have to go to at 12. + The one issue that I would like to talk about right now +with respect to Walter Reed, I had one of my staff people go to +a briefing this past Monday for the care that wounded soldiers +currently were receiving at Walter Reed, and she left with the +impression that even though there are still a lot of issues out +there that we have discussed here today with respect to the +Army and DOD and the problems from pay to care, but she left +with the impression that a lot of the issues that we talked +about here today, that Walter Reed has really resolved some of +those problems. + Now, when you go to a briefing sometimes you only hear what +the top people want you to hear. I want to make sure, to hear +from you all whether or not--I guess you, Chief Shuttleworth-- +are there problems that still exist at Walter Reed? What are +they? We have heard these problems today. If they are, let's +talk about them. + CWO Shuttleworth. Obviously I can't speak for the medical +care. That is a medical professionals' issue, but from the +administration---- + Mr. Ruppersberger. I am talking about paperwork issues, +which is what you testified to. + CWO Shuttleworth. From a personnel/administrative +standpoint---- + Mr. Ruppersberger. Right. + CWO Shuttleworth [continuing]. As far as soldiers dropping +off orders and dropping out of pay, I believe that we have +fixed that problem. There are still some accountability issues +within the system that we are still trying to get our hands +wrapped around, but I believe that we have about a 99 percent +accountability of those Reserve Component soldiers that we +didn't have before. So we are improving the process. We may not +be there yet, but we are about 90 percent there. + Mr. Ruppersberger. OK. Well, in my opening statement I +talked about a bill that we are still attempting to work. I +really would like to meet with you and maybe Sergeant Forney to +get further information. + Just one question, though. You say the paperwork system +seems to be doing better. That is why we are here. That is why +we want to move forward. How about the system entirely, not +just Walter Reed? Do you have any knowledge of other problems +that are out there? Since Walter Reed has gone a long way in +relation to paperwork, that should be a model for the other +areas. + CWO Shuttleworth. Well, the good news is that when we fixed +the system we didn't just fix Walter Reed. We looked at +everybody. So when we started fixing the program, we fixed the +entire program. When we developed the MRP process, it was for +the entire Army and not because of what was happening at Walter +Reed at the time. So we really have wrapped our arms around the +whole thing, and the whole thing is being fixed at the same +time, rather than one piece at a time. + Mr. Ruppersberger. You feel it is beyond just Walter Reed +then? + CWO Shuttleworth. It was, yes. + Mr. Ruppersberger. Mr. Kutz, the questions that I am going +to present to you are questions about solving the problem, I +mean, our whole system, the priority of funding, our technology +and how we are using it. One of the things, it seems to me, the +problem is that it all starts at the top, and upper-level +management has to hold middle-level management accountable for +the follow-through and it just hasn't happened. That was your +testimony all day through. We have to start at the top, see +what the system is, make sure the resources are given, and hold +the people accountable so that this will not happen. + Thank you all for being here to day. + Chairman Tom Davis. Thank you. + Mrs. Miller. + Mrs. Miller. Thank you, Mr. Chairman. First of all, Mr. +Chairman, let me thank you for holding this hearing today and +all of these witnesses for coming here. This is an unbelievable +issue. I shouldn't say unbelievable. I suppose we should be +shocked by some of the testimony, but unfortunately we are not. +We do recognize that this is a problem, perhaps a manifestation +of the high degree of the amount of people, Guard and Reserve, +that we have as a component of the total force in today's world +and today's military. + But, you know, at a time when our country is successfully +prosecuting the war on terror, at a time I think when our +country is needing to be so focused on recruitment and +retention and these kinds of things, the testimony that we have +heard today is certainly distressing. It does call for action +by the Congress, by the DOD, and, as the chairman has said, +that is something that our committee I think can very much be a +conduit of as we investigate some of these different +situations. + I have a question for General Byrne. Let me preface the +question by telling you a bit. In my particular Congressional +District we have what is known as Selfridge Air National Guard +Base, which is a unique kind of facility in the inventory of +the Guard, as you know. It is unusual, the exception rather +than the rule, that the Guard would actually own a base, own +the real estate. They do. Normally they are an appendage off of +a commercial airport or something, and of course the armories. +We have all of that also. + But we have at this particular base every facet of the +military represented there, not only the Air Guard, but the Air +Force Reserve, the Marines, the Navy. It is not only a critical +component in the recruitment in an urban area, of course, but +it has been a major deployment area as we are in theater here +for the Guard and Reserve forces. In fact, my husband, after +having served as a fighter pilot in Viet Nam in the Air Force, +finished his military career as a Air Reserve, Michigan Air +National Guard Reserve officer. He was the base commander +there. + I will tell you one of my other committee assignments is +also serving on the House Armed Services Committee, and so, as +the chairman has said, our committee also has been looking at +some of these kinds of problems. + To the extent that in our last Defense authorization, +reauthorization bill, we actually titled it ``2004, the Year of +the Troops.'' With all of the tremendous expenditures our +country does make on armaments and various systems, there is no +second, obviously, for our troops. So we were very pleased to +have as a component of the Defense Reauthorization Act a real +emphasis on creating parity for the Guard and Reserve to the +active duty. As one of you mentioned, the bullet doesn't know +if it is hitting an active duty or a Guard or Reserve. I think +that was you, Sergeant Allen. That is so true. + We have had, I won't say huge strides, but we made a lot of +improvements last year in having parity, I think, between the +active duty and the Guard and Reserve, not only with pay, but +with commissary privileges. One of you mentioned about +commissary privileges. As you know, previously you could only +go once a month, which is crazy. Actually having parity with +all of this is so important, as well. + And, of course, as we mentioned, now if you go and look in +theater, in the high 30 percentile is the component you will +find of our Guard and Reserve, whether you are in Iraq, +Afghanistan, Uzbekistan, what have you. Many of the Guard and +Reserve, unfortunately perhaps maybe for them, have such a +tremendous skill set that they are called for longer +deployments, depending on what the mission is there. We are +finding that those kinds of things are happening with extended +tours. + That is a sort of long lead-up to the question, General, +but I actually have a unit coming home to our base tomorrow, I +believe, that has had some similar instances that you have +articulated a little bit in your testimony, as well, to some of +your Reserve units. It is a group that actually--there was also +a newspaper article about them. They process through Fort +Bliss. + We actually had called the processing personnel from our +office and said we were going to send a person down there to +make sure that these Guard and Reserve, as they were coming +back home, that their needs were being met, etc., and that we +weren't absolutely convinced because they had a bad experience +as they began their deployment, quite frankly, not having--I +won't go into all the details, but similar to what you have +found with some of your units, perhaps, in Oregon there. + I would ask you, General, do you think that the respective +adjutant generals--my adjutant general for Michigan is General +Tom Cutler. Now, he is a blue-suiter. I hope you won't hold +that against him. But is it possible for the adjutant generals, +as we are calling on all of our Guard and Reserve forces in the +universe or in the Nation to do more, is it possible for the +adjutant generals to have a more forceful role perhaps as a +fraternity in making sure that their units--and I also +appreciate the chairman's comments, which you said you were +told that your troops were no longer a concern of yours now +that they weren't active duty and how outrageous that comment +actually is. + How can the adjutant generals perhaps be a more effective +conduit to making sure that as your units are called up, as +they begin deployment, as they are processed into theater and +then all the way through their deployment and coming home, is +there something else that the AGs could do or that Congress +could help you to do? + General Byrne. I am sure that each of the adjutant generals +takes a very profound interest in deploying and redeploying +their units, whether they are Army or National Guard, Air +Force. I know that they advocate for their personnel. Also, +there is an organization, the Adjutant General Association of +the United States, which also collects commonalities and works +through those. I know that organization works very hard to +develop agendas and items related to deployment and re- +deployment. So we do work it. + Mrs. Miller. I mean, I think you have to. I am sure that +every AG across the Nation shares your consternation, if they +are getting those kinds of answers. My adjutant general has +never mentioned anything quite like that, but there is a +different culture, I think, and so I wondered about that. + Thank you. And thank you, Mr. Chairman. + Chairman Tom Davis. Thank you very much. + Mr. Shays. + Mr. Shays. General Byrne, you provided a list of 84 of your +soldiers that are now in medical hold status. Of the 84, 73 +have been in longer than the current reported Army standard of +67 days, 35 of them have been in longer than 6 months. Is this +the standard you have found? + General Byrne. I would like to let Dr. Eliason answer the +question. This is his area. He follows a lot better. + Mr. Shays. Sure. I thought all you were going to say is no. + Colonel Eliason. Well, sir, I can't speak to the Army +standard. When soldiers are put in medical holdover, under the +MRP processing there is supposed to be a determination made +relatively early whether they can eventually return to theater, +which I suspect is where the 67-day rule is. + Our major concern is getting our soldiers home. What we +would like and what we have asked and, quite frankly, what has +improved markedly in the last year is getting them into +programs like community based health care organizations. Their +length of treatment is their length of treatment. People heal +as they heal. But the sooner we get them home, we believe they +are going to heal better, and so that is our push--as rapidly +as possible getting them returned to their State for care, +where they are living in their own home with their family and +their support system around them. + Mr. Shays. That is your answer? + Colonel Eliason. Yes, sir. + Mr. Shays. Well, frankly, this is an old story, and it is +shocking except it is an old story, which kind of makes it even +more shocking. I am pretty convinced that in Congress we have +tried to put enough focus on this to embarrass a solution, and +yet that doesn't seem to work. So I am somewhat lost for why +this continues to persist, and I am just wondering if any of +you could suggest to me why it continues to persist. + I would like, Mr. Kutz, for you to tell me why you think it +persists. + Mr. Kutz. You are talking about the Medical Board process? +I am not familiar with that, so I can't really comment on that. +I mean, we heard from the soldiers that we talked to that had +the MRP problems and the medical extension problems that they +were in hold waiting for the Medical Boards for hundreds of +days in some cases, and that is about all the knowledge that I +would have on that. + Sergeant Allen. Sergeant Allen, sir. I think it is a +serious lack of leadership ability in the mid-level command. +People aren't willing to step up to the plate and just do what +is necessary. If something is identified that is wrong, then it +needs to go away. What has perplexed me this whole time living +this nightmare is how could something be so wrong and continue +to go on and on and on and just keep perpetuating itself? It is +generation after generation. + A perfect example, I just went to get my orders to out- +process and they were wrong and they had me as a specialist in +the Army. I talked to my friend that got out 2 months ago and I +said, ``I can't believe this. I feel like I am the first guy to +go through this.'' His name is Ryan Kelly, and he said, ``Well, +that is funny, because I thought I was the first guy 2 months +ago to go through it.'' And so I think it is a serious lack of +people just stepping up to the plate and coming up with a +solution. I think if somebody can come up with a solution, then +it would be implemented and there wouldn't be the problem. + Mr. Shays. See, usually what happens in something like +this, when Congress decides that we are going to conduct a +hearing on it, it is such a shameful thing that people start to +take action. Sometimes the problem is resolved before we even +have a hearing. In this case, this is not the first hearing and +the problem continues. That is what I find, frankly, a bit +discouraging. It clearly has to be the stovepipe nature of it, +and no one taking responsibility. + Sergeant Allen. To add to that, sir, some very senior high +people in DOD and the Army have been trying to help us, the +guys that aren't getting paid, aren't getting orders. I mean, +the one-star, two-star, three-star generals, people over at +DOD, and you would think that would encourage things to be +changed, but there again, you know, it is got to be in the mid- +command level of the philosophy, command philosophy as a whole, +which is what I put in my testimony, that people, they don't +take the time to care. + Mr. Shays. My conclusion is it is just not a priority of +DOD. That is the only conclusion I can get. + If I told my Dad when I was young, ``Well, I forgot,'' he +would say to me, ``If I gave you $100, you wouldn't have +forgotten.'' It was a clear message to me. In other words, if +it had been a priority, I wouldn't have forgotten. And in the +case of DOD, this has been a longstanding problem. We have too +many of our Reservists and National Guard risking their lives, +and they get treated like dirt. That is the bottom line. + Thank you, Mr. Chairman. + Chairman Tom Davis. Yes. Thank you very much. + Ms. Norton. + Ms. Norton. I just have two short questions. My colleague +from Connecticut is pressing toward a remedy when he says why +has this gone on so long, and I just want to understand what +the testimony here has been with respect to remedy. Do I +understand--and perhaps it was General Byrne--that you endorse +the notion of some form of ombudsman attached to these +companies that would perhaps do some of what, or at least bring +to earlier attention some of what we have heard about in these +work-around procedures I think that GAO reported where people +are in an ad hoc business running around trying to straighten +these out. + I am asking would an ombudsman help that. And I am also +asking Officer Shuttleworth whether he would endorse the +notion, whether it would help his work now that he says this +has been centralized with him, to have an ombudsman connected +to these holding companies. + First General Byrne. + General Byrne. Ms. Norton, yes, a neutral party, someone +who is educated in the process that can, one, explain and, two, +be an advocate for the individual as they go through the +process. + Ms. Norton. Do you endorse that notion, Officer +Shuttleworth? + CWO Shuttleworth. We can use all the help we can get. I +will tell you that as far as the comment on the Medical Board +process a while ago, understand that prior to September 11th +the amount of Medical Boards that were pushed through for +Reserve Component soldiers in a year was very low, sometimes +not even 100. If you look at the statistics from prior to that, +what happened--and the liaison offices for those medical +facilities are staffed with civilian employees, and not very +many of them, I will tell you, to work with the active Army +soldiers that get hurt. + So after September 11th trying to push 400 and 500 boards +through every 3 months or 4 months on a Guard or Reserve +soldier is just overburdening the system. That is why there are +in my testimony 80 NCOs out there at treatment facilities who +have Guard and Reserve experience to help these soldiers with +that. + So to have someone else out there helping us? Absolutely. +We can use anything that we can get in order to get these +soldiers through the system timely and fairly. + Ms. Norton. Mr. Chairman, I wouldn't want it to go +unnoticed, because I think this comes out of the hearings you +have held, the GAO report you ordered, not only the notion this +notion of ombudsman is endorsed here, but also I would not want +to go unnoticed what, again, Officer Shuttleworth said here +today. I believe that has come out of your work in this +hearing, where he announced that 2 days ago they centralized +these concerns for processing in his branch, and therefore we +are going to look to that person in charge now for improvements +on the theory that it will help the process. + One final question. It was very compelling testimony about +what we in civilian life call post traumatic problems or +syndrome, very, very disturbing. I wonder whether somebody +could tell me whether or not in this war and other wars that +qualifies for disability or if it should qualify for +disability. + CWO Shuttleworth. I believe that on the next panel there is +a colonel from the Physical Disability Agency. + Ms. Norton. Thank you. I will ask them. + Chairman Tom Davis. Can I just say thank you to all of you. +Sergeant Allen and Sergeant Perez, very, very compelling +testimony. I think the Members were very moved by it. Let me +thank your wives, who have had to stick through this thing. +This has been a family issue for a long time, and we appreciate +your loyalty. You are all heroes and heroines in my book. + To Mr. Shuttleworth and Sergeant Forney, you tried to be +ombudsmen, but we have a system right now that just really +doesn't embrace that concept. Maybe we ought to formalize it a +little bit. + General Byrne, thank you for your continued concern for +your troops there. I think what you have shown is that it is a +systematic problem, just in terms of the troops go from you to +the Federal system, the Federal system says, ``It is not your +concern, it is ours,'' and then they don't take care of them. I +mean, what are you supposed to do? + And Mr. Kutz, you laid the groundwork in your report, you +and your team. We want to thank you for that. Hopefully we can +limit the damage in the future because of what people have been +able to come forward with today and testify to, so this is not +in vain. It is important, and we appreciate it. + I will dismiss this panel and move on. We will take a 1- +minute recess and move on to the next panel. Thank you very +much. + [Recess.] + Chairman Tom Davis. We welcome our second panel. I want to +thank them for taking the time from their schedules to come +today. + We have Ms. Ellen Embrey, the Deputy Assistant Secretary of +Defense for Employment Health from the U.S. Department of +Defense; Daniel Denning, Principal Deputy Assistant Secretary +of the Army for Manpower and Reserve; Lieutenant General +Franklin Hagenbeck, the Deputy Chief of Staff, G-1, U.S. Army; +Lieutenant General Kevin Kiley, M.D., U.S. Army Surgeon +General; Major General Charles Wilson, Deputy Commander, U.S. +Army Reserve Command; and Mr. Philip Sakowitz, who is the +Deputy Director, U.S. Army Installation Management Agency. + It is our policy that all witnesses be sworn, so please +rise with me and raise your right hands. + [Witnesses sworn.] + Chairman Tom Davis. Thank you very much for being with us +today. I think you have heard the first panel and I think we +agreed you wanted to go after the first panel, give them an +opportunity to air some of the problems that we have +encountered. + We have a 5-minute rule. We were a little lax on it in the +first panel. We wanted to give some of the people just an +opportunity to tell the whole story. We will try to ask you to +be a little more accommodating of it. + We have votes that could come up at any time, and it is my +intention, if votes come up, to move straight through the +panel, and I will stay as long as I can and then let Ms. Norton +finish with votes, give her questions, and then close the panel +at that point and recess, if your time permits, until after +votes, and then we would come back and the rest of us ask +questions. Ms. Norton would be able to go ahead with her +questions. We have done that before. Unfortunately, we are +allowed to do this because Ms. Norton doesn't get a vote on the +House floor, something that Mr. Shays and myself are trying to +rectify. I just wanted to add that. + Ms. Embrey, we will start with you. Thank you for being +with us. + + STATEMENTS OF ELLEN EMBREY, DEPUTY ASSISTANT SECRETARY OF + DEFENSE FOR EMPLOYMENT HEALTH, DEPARTMENT OF DEFENSE; DANIEL + DENNING, ACTING ASSISTANT SECRETARY OF THE ARMY, MANPOWER AND + RESERVE AFFAIRS, ACCOMPANIED BY LIEUTENANT GENERAL ROGER + SCHULTZ, DIRECTOR, ARMY NATIONAL GUARD; LIEUTENANT GENERAL + FRANKLIN L. HAGENBECK, DEPUTY CHIEF OF STAFF, G-1, U.S. ARMY; + LIEUTENANT GENERAL KEVIN C. KILEY, M.D., U.S. ARMY SURGEON + GENERAL; MAJOR GENERAL CHARLES WILSON, DEPUTY COMMANDER, U.S. + ARMY RESERVE COMMAND; AND PHILIP E. SAKOWITZ, JR., DEPUTY + DIRECTOR, U.S. ARMY INSTALLATIONS MANAGEMENT AGENCY + + STATEMENT OF ELLEN EMBREY + + Ms. Embrey. Thank you, Mr. Chairman and distinguished +members of this committee. I appreciate the opportunity to talk +today about the force health protection programs in the +Department and how they impact the care that we provide to +wounded service members. I want to reiterate that the +Department is firmly committed to protecting the health of our +active and Reserve Component members before deployment, while +they are deployed, and, of course, upon their return. + I am pleased to join my colleagues today on this panel to +address your specific concerns regarding the care for soldiers +injured in Operations Enduring Freedom and Iraqi Freedom. Today +I will outline the Department's current management practices, +technological advances, and initiatives underway to address +this very important issue, with a particular focus on the Army +Reserve components. + With your permission, Mr. Chairman, I would like to submit +my written testimony for the record and then just discuss---- + Chairman Tom Davis. Let me note, everyone's entire written +testimony is in the record and is a part of it, and questions +will be based on the entire, so it will allow you 5 minutes to +kind of accent what you want. + Thank you. + Ms. Embrey. Terrific. Thank you. + As you know, the global war on terrorism is the largest +ongoing mobilization of the Reserve Component since World War +II. In fact, since September 11, 2001, approximately 475,000 +Reserve Component members have been mobilized to support the +global war on terrorism. Of those mobilized, 376,000, or +roughly 79 percent, of the Army Reserve Component were +mobilized. + Virtually all operations yield lessons learned, and our OIF +and OEF experience has been no different. Early on we +recognized that many rules and procedures that worked well for +smaller mobilizations of shorter durations are very well +unsuited for a large and prolonged mobilization that we are +currently experiencing in OIF and OEF. + The Department and the services recognized these shortfalls +and undertook several initiatives over the last 2 years to +improve the medical readiness of the force overall and the +Reserve Components in particular. These include: establishing a +deployment health quality assurance program, establishing +individual medical readiness standards for the total force, +refining and expanding the post-deployment health assessment +screening processes, establishing ability to capture +electronically the pre- and post-deployment assessment +information so that it could be used by medical professionals +later on. And finally, since November 2003 we have routinely +monitored and reported to the Secretary of Defense and the +Under-Secretary for personnel and readiness the status of +service members in a medical hold status. + The Army, with the majority of the total mobilized force, +has taken very seriously its responsibility to provide world +class care to the Army's sick and injured combat veterans. They +recently have taken several initiatives to enable the Reserve +Component soldiers in the medical hold status to receive +treatment and recuperate at or near their homes when +appropriate care is available locally. + These ongoing efforts have resulted in significant +improvements, but we recognize that there is still much work to +do. We are exploring new initiatives to further enhance medical +readiness and to ensure timely and effective care of +deployment-related illnesses and injuries. These include: +establishing a standard annual periodic health assessment +program applicable to the total force; working with the VA to +identify better ways to leverage specialty care capabilities +that they have to support our service members' needs, +especially for Reservists; investigating options to enhance +awareness of the health status of Reserve Component members +over time. We do not have access to their health records as +civilians, only when they are under our care. And, last, we are +also working with VA to access medical records of the Reserve +Component members, help VA get access to those records while +they are continuing their service to us. + I would like to also add that we are working to streamline +the cumbersome line of duty determination process that the +Reserve Component members have to go through in order to access +care for illnesses and injury, so we will be working on that. + Mr. Chairman and members of the committee, I thank you for +the opportunity to be here, and I defer to the other members of +my panel to address their particular issues. + [The prepared statement of Ms. Embrey follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.096 + + [GRAPHIC] [TIFF OMITTED] T0085.097 + + [GRAPHIC] [TIFF OMITTED] T0085.098 + + [GRAPHIC] [TIFF OMITTED] T0085.099 + + [GRAPHIC] [TIFF OMITTED] T0085.100 + + [GRAPHIC] [TIFF OMITTED] T0085.101 + + [GRAPHIC] [TIFF OMITTED] T0085.102 + + [GRAPHIC] [TIFF OMITTED] T0085.103 + + [GRAPHIC] [TIFF OMITTED] T0085.104 + + [GRAPHIC] [TIFF OMITTED] T0085.105 + + [GRAPHIC] [TIFF OMITTED] T0085.106 + + [GRAPHIC] [TIFF OMITTED] T0085.107 + + [GRAPHIC] [TIFF OMITTED] T0085.108 + + [GRAPHIC] [TIFF OMITTED] T0085.109 + + Chairman Tom Davis. Thank you very much. + Dr. Denning. + + STATEMENT OF DANIEL DENNING + + Mr. Denning. Mr. Chairman, members of the committee, I am +Dan Denning, Acting Assistant Secretary of the Army for +Manpower and Reserve Affairs. To my left with me today are +Lieutenant General Franklin Hagenbeck, Deputy Chief of Staff G- +1; Lieutenant General Kevin Kiley, the Surgeon General of the +U.S. Army; Major General Charles Wilson, Deputy Commander of +the U.S. Army Reserve Command; and Mr. Philip Sakowitz, Deputy +Director of the Installation Management Agency. Also with us +today is Lieutenant General Roger Schultz, the Director of the +Army National Guard. + Thank you for inviting us to discuss the medical holdover +program. I would also like to thank panel one for their candor +and for their obvious desire to improve the U.S. Army. + I would like to take a moment to introduce to the committee +two more fine soldiers currently in the medical holdover +program: Staff Sergeant Salvatore Cerniglia, who is an Army +Reserve soldier from Florida who was wounded during a rocket +propelled grenade attack in Iraq. He is assigned to the +community based health care organization in Plant City, FL. +This program allows him to reside at home and receive his +medical care locally. + Sergeant Jamie Brown is an Indiana National Guard soldier-- +my home State--who has spent the past 15 months at Walter Reed +Army Medical Center recovering from wounds he received from +rocket fire during an ambush. In addition to his status as a +medical holdover soldier receiving treatment, Sergeant Brown +has actively assisted the medical holdover company by serving +as an assistant platoon sergeant. + Could those soldiers just stand for a moment? You can see +them in the back. + Chairman Tom Davis. Thank you very much for being with us. + Mr. Denning. As you know, the Army continues to face many +challenges, including the global war on terrorism and the +continuing operations in Iraq and Afghanistan. In all of this, +the Army is absolutely committed to taking care of its soldiers +and families and providing them the best possible health care. +This is true regardless of whether a soldier is a member of the +active Army or Reserve Components, and regardless of the nature +of the soldier's injury or illness, whether it occurred in +combat or in training. + The Army continues to intensively manage the health care +and disposition of Reserve Component soldiers in a medical +holdover status. My office provides oversight over the medical +holdover operations and, along with forces command, the +executive agent for this program, is engaged in monitoring +effectiveness. + A system analysis and review team comprised of personnel +from my office, from FORCECOM, from the Office of the Surgeon +General, from Human Resources Command, and from the +Installation Management Agency, has visited and assessed the +operations at every installation managing medical holdover +soldiers, and we plan to continue to actively monitor our +performance in support of soldiers. + In late 2003, the large number of medical holdover soldiers +at Fort Stewart and Fort Knox exceeded the capacity of the +military infrastructure to adequately house and provide +expeditious medical care management to soldiers assigned to +these installations. Upon review, we realized this problem was +not confined to just these installations and immediately +embarked on a series of actions to address this unacceptable +situation. In the interest of time today I am not going to +cover those here. My colleagues will cover it in much more +detail later. + Rotation of forces for Operation Iraqi Freedom and +Operation Enduring Freedom is expected to significantly +increase the total medical holdover population in the coming +months. We have taken precautionary actions to ensure this +surge will not exceed medical command's medical support +capacity during the third quarter of 2005. + One of the key initiatives we are currently executing will +increase our medical support capacity and expand the Army's +commitment to taking care of soldiers. This is the community +based health care initiative. It began as a way of providing +high quality care to Army Guard and Reserve soldiers near their +homes while maintaining administrative control and relieving +pressure on Army medical facilities at power projection +platforms. + It has also proved itself as a means of providing a way for +the Army to meet its obligation to provide quality health care +for Reserve soldiers who require protracted treatment to +achieve full recovery from their injuries and illnesses and to +allow Reserve soldiers who are medically able to live at or +near their homes and families, and finally to leverage sister +services, VA and civilian health care assets. + I can state without reservation that the community health +care initiative has been an unqualified success for soldiers, +their families, and for the Army. It has evolved into an +innovative program designed to manage the prolonged health care +treatment needed by some Reserve Component soldiers in order +for them to fully recover. + The community health care initiative ensures that the same +high standard of care we require for all soldiers is met while +effectively managing their health care and recovery. It helps +alleviate stress caused by the separation of soldiers from +their families by allowing many to reside at home during +treatment and recovery. + The original five community based health care organization +sites managing health care delivery to soldiers in some 23 +States is expanding this month with the addition of Alabama, +Virginia, and Utah, and with three satellite operations in +Hawaii, Puerto Rico, and Alaska. These additions, plus +increases in capacity at our existing five sites, will provide +for 50-State coverage. + We will continue to work closely with FORCECOM, the +Installation Management Agency, Office of the Surgeon General, +and the Army G-1 to assist in the prompt return to duty or +release from active duty of our dedicated soldiers who serve +our country. + Thank you. + [The prepared statement of Mr. Denning follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.110 + + [GRAPHIC] [TIFF OMITTED] T0085.111 + + [GRAPHIC] [TIFF OMITTED] T0085.112 + + [GRAPHIC] [TIFF OMITTED] T0085.113 + + [GRAPHIC] [TIFF OMITTED] T0085.114 + + [GRAPHIC] [TIFF OMITTED] T0085.115 + + [GRAPHIC] [TIFF OMITTED] T0085.116 + + Chairman Tom Davis. Thank you very much. + General Hagenbeck. + + STATEMENT OF LIEUTENANT GENERAL FRANKLIN L. HAGENBECK + + General Hagenbeck. Mr. Chairman and members of the +committee, it is a great opportunity and I appreciate being +invited here this afternoon to talk about this very important +topic. It is essential for the Army in both maintaining the +morale and the welfare of our soldiers who serve this grateful +Nation. + As you know, the Army will continue to be deployed +worldwide. We currently have 640,000 soldiers serving on active +duty, and of those, 315,000 soldiers are deployed for overseas +in over 120 different countries. These soldiers are from all +the components, active duty, 155,000, our Army National Guard, +113,000, our Army Reserve, 47,000. Even with this expansive +rotation of troops, the soldier remains the centerpiece of the +Army formations, and as such it is the Army's pledge to remain +dedicated to the well-being of the soldiers and their families. + Since the beginning of the global war on terrorism, we have +witnessed the largest mobilization of the Reserve Component +since World War II. The exemplary performance of the Guard and +Reserve soldiers alongside that of the active component is +testimony that we are, indeed, one Army, an Army whose +components explicitly link and complement each other. I know +our Nation is very proud of the performance of our Guard and +Reserve folks, and you have seen them firsthand both at home +and on these contingency missions, and I know that you are as +equally proud of them. + These soldiers deserve our continued commitment to training +them to do their jobs and taking care of them and their +families throughout their association with the Army. This +includes providing the best care available to soldiers who +become injured or ill in the line of duty while serving our +country. + Though this effort has not been without challenge, we +continue to improve our processes and strive to deliver +compassionate and timely care to the medical holdover soldier. +The soldiers reporting to mobilization stations and returning +from the theater to the evacuation chain or demobilizing, the +medical holdover population grew quickly. In the midst of +supporting the war fight, we realized that existing MHO policy +and infrastructure were inadequate, and we immediately embarked +on a series of corrective actions. + As the G-1, I am the proponent for the active duty medical +extension program and am responsible for its implementation, +policy execution, and program management. The medical retention +processing program is an Assistant Secretary of the Army +Manpower and Reserves policy, but I am responsible for its +implementation of guidance and the execution of the policy. And +the medical retention processing two program is also Acting +Secretary Denning's program. It is still being staffed for +approval, but upon that process being concluded I will be +responsible for its implementation, guidance, and execution of +the policy once the program, as I mentioned, is finally +approved. + Today we are processing large numbers of soldiers with +disabilities, the likes of which we haven't experienced in over +30 years. In 2004 we processed approximately 15,000 disability +cases, nearly a 50 percent increase from the number of cases +processed during the years before G-1. We are witnessing an +even higher percent increase in the number of mobilized Army +Guard and Reservists entering into the disability system, 134 +percent increase during fiscal year 2004. + Now, to meet this caseload we have added additional members +to the three physical evaluation boards, we have increased the +number of JAG officers assigned, we have created a mobile PEB, +a three-member board that travels to each of the fixed PEB +sites to augment their efforts there, and we placed liaison +NCOs at each of the medical treatment facilities and at the +Physical Disability Agency headquarters to assist in processing +Reserve and National Guard cases. + These efforts have paid off. In June 2004 there were 900 +mobilized Reserve and National Guard cases pending PDA, and +today that number has been reduced to 344. PDA still receives +about 159 new mobilized Reserve and National Guard cases each +month. While much has been accomplished, more needs to be done. +Acting in concert with the U.S. Army Medical Command and the +Installation Management Agency under the direction of the +Assistant Secretary of the Army for Manpower and Reserve +Affairs, the following initiatives are underway: Structuring a +comprehensive reporting system that tracks the soldier as he or +she is medically evacuated from the area of operations until +returned to duty or separated or retired from the U.S. Army. A +high priority, this task force will present its initial +recommendations to the Director of the Army staff within the +next 2 weeks. + Second, as part of the information gathering and sharing +enterprise, we are working closely with the Department of +Veterans Affairs and the Defense Finance Accounting Services to +better coordinate the termination of military pay and the +initiative of Veterans Administration payments. An important +linkage to this process is access to the Reserve Component +soldiers' personnel documents for the calculations of retired +and severance pay, and efforts are ongoing to bring automation +solutions to this process. + Through weekly reports, inspections, and personal visits, +the Army is keeping a close watch on the processing of the +soldiers through the PDE system. Though we have challenges +ahead, I am confident that we are taking the right path, the +right direction to do this. + I will tell you that I am personally committed. Sergeant +Allen, who was on panel one, was serving with me in Afghanistan +when he was injured. I have a son who is a Reserve officer in +the U.S. Army Reserves who was deployed once to the Gulf and is +alerted to do again. So beyond my professional interest in this +I have a personal interest and responsibility, as well. + Thank you, ma'am. + [The prepared statement of Lieutenant General Hagenbeck +follows:] + +[GRAPHIC] [TIFF OMITTED] T0085.117 + +[GRAPHIC] [TIFF OMITTED] T0085.118 + +[GRAPHIC] [TIFF OMITTED] T0085.119 + +[GRAPHIC] [TIFF OMITTED] T0085.120 + +[GRAPHIC] [TIFF OMITTED] T0085.121 + +[GRAPHIC] [TIFF OMITTED] T0085.122 + +[GRAPHIC] [TIFF OMITTED] T0085.123 + +[GRAPHIC] [TIFF OMITTED] T0085.124 + +[GRAPHIC] [TIFF OMITTED] T0085.125 + +[GRAPHIC] [TIFF OMITTED] T0085.126 + + Ms. Norton [presiding]. Thank you, General. + Lieutenant General Kiley, 5 minutes. + + STATEMENT OF LIEUTENANT GENERAL KEVIN C. KILEY, M.D. + + General Kiley. Thank you, Mr. Chairman and distinguished +members of the committee. I appreciate the opportunity to make +a couple of opening comments. + I would like to start by echoing the comments of the rest +of the panel in thanking the soldiers that sat on panel one for +their courage, their honesty, and for helping us in the U.S. +Army Medical Command and the rest of the Army to make this +process better and more effective. We are very proud of those +soldiers. Every one of them has put a uniform on and reported +to the deployment station, and we feel that pride when we care +for those soldiers upon their return from combat, either as +injuries or as illnesses. + In that context, I think it is important to remember that, +as has been stated, this is a medical support to a global war +on terrorism that is not just about medical holdover soldiers +but about casualty receiving and the deploying and re-deploying +and demobilizing of large numbers of Reserve and National +Guard. + I am very proud of the members of the U.S. Army Medical +Command, of the larger AMED, active and Reserve, that have +participated in and cared for these great soldiers in their +time of need. We have processed over 16,000 soldiers through +the medical holdover process, 9,000 of which we have returned +to the Army fit and healthy, another 5,000 of which have +successfully negotiated the MEB/PEB process. And in doing that +we have learned a great amount about the PEB process, Reserve +and National Guard policies, and our own operations at our +installations and MTFs. + I am happy to answer any more of your questions either from +these comments or from my written statement. + Thank you. + [The prepared statement of Lieutenant General Kiley +follows:] + +[GRAPHIC] [TIFF OMITTED] T0085.127 + +[GRAPHIC] [TIFF OMITTED] T0085.128 + +[GRAPHIC] [TIFF OMITTED] T0085.129 + +[GRAPHIC] [TIFF OMITTED] T0085.130 + +[GRAPHIC] [TIFF OMITTED] T0085.131 + + Ms. Norton. Thank you very much, General Kiley. + Major General Wilson. + + STATEMENT OF MAJOR GENERAL CHARLES WILSON + + General Wilson. Chairman Davis, members of the committee, I +am Major General Charles E. Wilson, Deputy Commanding General +for the U.S. Army Reserve. Thank you for inviting me to appear +before your committee to discuss the effectiveness of Army +medical administrative and support processes and procedures +that govern injured Army Reserve soldiers. + During the past months, the U.S. Army Reserve Command and +its leadership has listened to the concerns of all of its +soldiers, especially injured Army Reserve soldiers and their +families. This command has explored ways to provide the best +health care possible, to improve administrative processes for +the soldiers and their family, before, during, and after +mobilization. + Since we know the combat and commander need a force that is +medically fit, ready, and responsive, the Army Reserve has +placed greater stress and scrutiny on management of medical +readiness. We have worked hard to update our policies and +procedures to create efficiencies, to develop compassionate and +effective strategies for supporting our soldiers and their +families as they prepare for war, as they wage war, as they +endure the separation and the worry and stress that accomplish +this as a family unit. + We work hard on the return home to address the challenges +and stress of family and community reintegration. Our solutions +are still being realized and perfected. They remain very much a +work in progress. You, as a committee, have been concerned and +supportive during this very trying period. With your help, we +will succeed in meeting our mission and also providing our Army +family with all it needs and deserves as we serve our Nation at +war. + Again, thank you for this opportunity to discuss the health +care and well-being of our soldiers and their families. I will +be happy to answer any questions that you may have. + Thank you. + [The prepared statement of Major General Wilson follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.132 + + [GRAPHIC] [TIFF OMITTED] T0085.133 + + [GRAPHIC] [TIFF OMITTED] T0085.134 + + [GRAPHIC] [TIFF OMITTED] T0085.135 + + [GRAPHIC] [TIFF OMITTED] T0085.136 + + [GRAPHIC] [TIFF OMITTED] T0085.137 + + Ms. Norton. Thank you very much, General Wilson. + Mr. Sakowitz. + + STATEMENT OF PHILIP E. SAKOWITZ, JR. + + Mr. Sakowitz. Mr. Chairman and members of the committee, I +am Phil Sakowitz, the Deputy Director of the U.S. Army +Installation Management Agency. I thank you for the opportunity +to discuss our contribution to the medical holdover program. + On a daily basis we are responsible for the equitable, +efficient, and effective management of installations worldwide, +but we are particularly honored by our role in support of +injured soldiers and their families. Our headquarters and +region staffs, in close cooperation with Forces Command and the +1st and 5th Armies, as well as the staffs of my fellow panel +members, oversee our medical holdover effort. Together we +monitor the current and projected medical holdover populations +assigned to each installation to determine if current capacity +levels for command and control and billeting are sufficient, +and, if not, what steps we need to consider to mitigate the +situation. + The Installation Management Agency has supported over 3,000 +injured Guard and Reserve soldiers in the medical holdover +program at any one time at 36 installations in the continental +United States, Alaska, Hawaii, and Puerto Rico. Our specific +roles and responsibilities fall into three areas: command and +control of medical holdover soldiers, billeting, and transition +processings. Let me very quickly review these three areas of +support. + Each installation with a significant medical holdover +population now has a dedicated command and control unit called +a medical retention processing unit. This unit is under the +oversight of our garrison commander, who is ultimately +responsible for the installation medical holdover program. +These units are commanded by a commissioned officer and provide +soldiers with leadership and basic administrative and +logistical support. From the time the soldier is in-processed +to the time the soldier is out-processed we ensure we address +the soldier's needs. This ranges from daily requirements for +food and shelter to assisting with legal assistance, religious +support, and transportation to and from medical appointments. + The units work closely with the medical team to monitor the +well-being of the soldier and track progress through the +medical retention process. The bottom line: the basic +responsibility of this unit is no different than any other-- +accomplishing their mission while caring for soldiers and +families. + We also take our responsibility for billeting soldiers very +seriously and continually improving their status. Today all +medical holdover soldiers are provided with a safe, secure, +climate controlled room with inside latrines and accommodations +for their medical conditions as needed. This is the standard. +To meet these standards, we house soldiers in on-post barracks. +When that type of accommodation is not available, we use +temporary relocatable buildings designated for medical holdover +soldiers, or Army on-post transient lodging, or off-post +hotels. Billeting medical soldiers is and continues to be a +high priority. + Our last area of support is in transition processing, which +is performed at each installation transition center. These +centers process soldiers for retirement, return to Guard or +Reserve status, or return to civilian life. The Army standard +is to out-process these soldiers not later than 30 days after +receipt of orders. To get there we added 24 support personnel +across 13 key installations. However, we have not only met +these standards but today our Installation Management Agency +transition centers are out-processing soldiers in 16 days. This +is a good news story and we are continuing to work to improve +these times. + I want to assure the committee that the Installation +Management Agency remains fully committed to support the +medical holdover program. + Once again, thank you for the opportunity to address you, +and I will answer any questions at this time. + [The prepared statement of Mr. Sakowitz follows:] + + [GRAPHIC] [TIFF OMITTED] T0085.138 + + [GRAPHIC] [TIFF OMITTED] T0085.139 + + [GRAPHIC] [TIFF OMITTED] T0085.140 + + [GRAPHIC] [TIFF OMITTED] T0085.141 + + [GRAPHIC] [TIFF OMITTED] T0085.142 + + [GRAPHIC] [TIFF OMITTED] T0085.143 + + Chairman Tom Davis [presiding]. Let me start. You heard the +testimony in the previous panel. I read an article in the +``Orlando Sentinel'' on Sunday that tells of 15 wounded or +injured Guardsmen who arrived at Fort Stewart, and they have +been blocked from seeking medical treatment at home under the +community based health care initiative that we have just heard +touted here. An Army colonel in Army Forces Command in Atlanta +states that the reason is a very complex budget and statutory +problem all wrapped up in legalese. + I want to refer you to these three charts over here that +display the offices involved, the medical administration +process involved in the Guard and Reserve and the processes, +themselves. I mean, it looks--I think I am pretty competent, +guys, a lawyer, and I spent 8 years in the Guard, but it looks +pretty complicated. + I mean, who is getting these people through these mazes? It +is no wonder people are falling through right and left. I know +everybody is trying, but we end up, instead of a mission driven +Government here, just wrapped up in rules and regulations, and +the result is what we see. In wartime, it has just almost been +embarrassing. I think you all would agree to that. I think we +are all trying to fix it. + I guess my first question is: what do we do for these 15 +people in Florida? And how did this all happen? + Dr. Denning, let me start with you. + Mr. Denning. Sir, my university would be happily surprised, +I suppose, if I was really a doctor, but I am not. + Chairman Tom Davis. That is what it says on there. + Mr. Denning. I know. My Mom would appreciate it. + Chairman Tom Davis. Well, congratulations. We held a +hearing on diploma mills a couple weeks ago. I can get you up +there pretty quick for $15. + Mr. Denning. I may need to take you up on that. + Sir, I will give you an alibi, I guess, or plead guilty. +No. 1, we have a medical system in my judgment and a set of +processes that were sized for a peacetime Army and we are +fighting a two-front war right now, indeed, a worldwide war, +and it is loading our systems like they haven't been loaded +since World War II. + Chairman Tom Davis. Correct. + Mr. Denning. No. 2, some of our processes were simply not +designed to handle large numbers of mobilized soldiers. The +ADME process you have heard about, for example, was designed to +take care of soldiers injured during their 2 weeks of active +duty a year. It took us, frankly, some time to realize the +system was under strain and breaking, and it took those stories +in late 2003 from Fort Stewart. But the Army really swung into +motion there. + Are there the stories you heard this morning? Every one of +them I am absolutely certain is true, and your heart goes out +to those soldiers and their families. I think we have addressed +these. That is why you heard about medical readiness +processing. Those charts you have over there, it is a complex +process. Caring for soldiers, managing their care, taking care +of their finances, shifting them between the kinds of orders +that the statutes require us to work under is a complex +process. I think we have it about to the point now that it will +work very well in the future. + Will there be problems? I am sure there will be some---- + Chairman Tom Davis. I was in the Guard. I understand a +little bit how it works. You call these soldiers up. They go +into basically Federal service by going abroad, and at that +point why don't they just stay on that payroll until they are +discharged and sent back to their units? Once they come back +and they are injured, you ought to just keep them and give them +all the Federal benefits. What is so complicated about that? +What am I missing here? + Mr. Denning. Well, first of all, sir, the soldiers are +mobilized under partial mobilization authority, involuntarily +mobilized, 12-302. + Chairman Tom Davis. I understand. I mean, we can make +this--I was a lawyer. I understand how this stuff gets written. +But once they are over there, they are fighting side by side in +many cases---- + Mr. Denning. Yes, sir. + Chairman Tom Davis [continuing]. With regular military +personnel. I have been over to Iraq several times. I understand +that you can't tell the difference, and certainly the enemy +can't tell the difference when they are shooting at them or +putting something on the side of the road. So why not, before +they come back, if they are ready to go back to their unit that +is easy; otherwise, just keep them under some kind of Federal +purview where they get the commissary and they get the PX and +they get the medical and everything else? Why is it so +complicated? + Mr. Denning. Many soldiers, sir, when they are Med-Evac'ed, +they stay on their mobilization orders. Their pay systems +aren't affected. Their benefits aren't affected. Nothing +changes. When we hit that 24-month brick wall--well, it could +be up to 24 months. Many soldiers are called up for 18 months. +It varies by unit. But once that soldier hits the extent of his +original set of orders, he was placed then on ADME orders, and +that is what we have resolved now. They are going to go on to-- +-- + Chairman Tom Davis. But some of the people in charge of the +ADME orders were telling people 30 and 60 days. They just took +it on themselves, even though the law allows them to do longer. +That was the testimony. + Mr. Denning. That is right, sir. That is what we have +corrected. Soldiers will be put on for longer periods. + Chairman Tom Davis. Well, why would they do that? I mean, +what is the rationale? + Mr. Denning. Well, sir, the ADME process, as I mentioned, +was designed as a peacetime system for the Reserve Components, +for soldiers injured during that 2 weeks of active duty every +year. It was never envisioned as a system to take care of +soldiers who required long-term medical care. + Chairman Tom Davis. What do you think about the idea--and I +am asking all of you--about an ombudsman or case worker or +somebody who that soldier can call and is the soldier's +advocate instead of an advocate for ``the system?'' + Mr. Denning. I am open to that. I think we have done a lot +though with Installation Management Agency---- + Chairman Tom Davis. Well, we have, but I hear--not +according to the ``Orlando Sentinel.'' There are still people +falling through the cracks as late as last Sunday. Everything +is fine, but I am just saying at the end of the day it doesn't +help that soldier to know that everybody is up there trying and +that we are getting more people. Just having someone that they +can call as their advocate, they shouldn't have to call my +office or Ms. Norton's office, which is what they are doing and +that is why we are here. + Mr. Denning. I understand, sir. We are open---- + Chairman Tom Davis. How does everybody feel about an +ombudsman in a case like that? Are we open to that when there +is somebody in a situation like that? Assign them an advocate, +somebody that can walk them through the maze and look out for +them. These people have taken time away from their families, +away from their jobs. They have interrupted their careers. Some +of them come back in body bags. + Mr. Denning. Yes, sir. + Chairman Tom Davis. Some of them come back missing limbs. +The least we could do is, when they come back, have somebody +there that is going to advocate for them and get them the +maximum the system allows. We owe them that. + Mr. Denning. We agree completely, sir. I thought--and I +will let the other generals speak for themselves--when we set +up the medical readiness processing units, that is what we +expected of those platoon sergeants and those leaders in there, +to assist those soldiers, if they encounter difficulties, to +help them work through the maze. + Chairman Tom Davis. Well, let me ask another question while +I have the brass up here. This is just a yes or no. Can we be +assured there will be no retaliation against the people who +testify here today? + Mr. Denning. Yes, sir. + General Hagenbeck. Absolutely. + Chairman Tom Davis. OK. Is that right? + General Kiley. Yes, sir. + General Wilson. Yes, sir. + Mr. Sakowitz. Yes, sir. + Chairman Tom Davis. They were very nervous. They did not +want to come forward. They are very respectful of everything +everybody is doing. If you heard, there is a frustration there. +We really asked them to, because there is nothing like having +the victim sit up there and tell the story. We are not trying +to embarrass, but this is an ongoing problem and I think we all +agree they deserve better, and I think it helps you act better +when you see something like that and you are trying to move +something through. You have to go through lawyers to get stuff +done, too. You just can't wave a wand and make it happen. + I think hopefully we are helping you get this job done, as +well. + Ms. Norton. + Mr. Sakowitz. Mr. Denning, did you want me to talk about-- +-- + Chairman Tom Davis. Sure. Go ahead. + Mr. Sakowitz. Sir, what Mr. Denning was referring to is the +medical retention processing unit, which is fairly new in the +Army. When the soldiers first came back a couple of years ago +we didn't even have an Installation Management Agency. Each +installation decided how to handle their medical holdovers. Now +we have a standard process with these units that is to do +pretty much what you just said from an ombudsman standpoint. +Now, sir, it is not one-to-one. We have established---- + Chairman Tom Davis. Of course not. + Mr. Sakowitz. We have established a basic military +structure, company structure. We have a commissioned officer +with NCOs that we have now especially assigned, which we never +had before, to handle those particular needs. Sir, there are +going to be areas where we might miss one or something happens. + Chairman Tom Davis. Sure. + Mr. Sakowitz. But in general I would say at those sites +with the significant medical holdover populations, these units +who only do that job and are assigned for them and are, in +fact, Reservists themselves, sir, who we have called up to +handle this, could answer, I would say, most of the questions +that you talk about from an ombudsman standpoint and are doing +that. + Chairman Tom Davis. Let me ask General Wilson, General +Helming has expressed deep concerns about the retention rate of +Army Reservists, and recent reports confirm unmet recruitment +goals. Do you think that the current administrative problems +that we are seeing for the injured has contributed to this +decline? + General Wilson. I can't directly attribute that +specifically. + Chairman Tom Davis. It doesn't help though, obviously. + General Wilson. It doesn't help, and soldiers have, sir, as +you are well aware, very strong, informal communication network +that works very strongly on their behalf. But I think the +continued force of our leadership to rectify these problems and +to deal with these issues, more importantly than soldiers, the +families and the wives have become a strong advocate and a very +stringent questioning body and query body. So anything we can +do to deal with the issues that the soldier faces will always +help us in the area of recruitment and retention. + Chairman Tom Davis. I think the one thing in the first +panel that caught me, in a couple of instances where you had-- +in one case you had the adjutant general from Oregon, in +another case you had one of the sergeants that were assigned to +Walter Reed trying to do things. Someone upstairs--and this +didn't come from you. I don't think it is in the regulations, +you know, ``Why are you rocking the boat,'' you know, basically +saying, ``It is not your problem. Why are you rocking the boat? +Why are you doing this?'' I understand how that occurs. But at +the end of the day those kind of advocates really help make +things go, and we need to get that word to you as quickly as +possible. The faster the word that something has gone wrong +gets to you, the better able you are to correct it. + I think it was in that vein that we called them forward +today. Do you understand what I am saying? Nobody likes blowing +a whistle. These guys would go back again if they were able to +do it. They believe in the mission. They weren't here +denouncing the administration or the President or anybody else. +So I think we just need to work together on this, but we are +going to continue to overlook it, because when you look up +there and see a chart like this, I can just tell you things +fall through. Maybe what we need to do is establish and work +with you to make sure those advocates are in place and working +and trained to get the right answers for these soldiers who +deserve that. + Ms. Norton. + Ms. Norton. Thank you very much, Mr. Chairman. + I was very pleased to hear your response to the chairman's +question about ombudsmen. Let me be clear what the word means, +and then ask you about two examples. An ombudsman has his +allegiance to the person, not to the system. One of the +problems with the caseworker system is those people are, of +course, caught between their obligation to the system, that is +to the service, and to the service person, as well. + Do I understand you to say that an ombudsman--and, by the +way, we don't mean one-to-one in the sense that it would be one +person for every member of the service, but an ombudsman who +would have a collection, a set of members. Do I understand your +answer to the chairman's question to be that you endorse the +notion of an ombudsman whose allegiance would be to the +soldier, alone, who would be an advocate for the soldier, who +might be, therefore, advocating to people within the system and +not feel that he had responsibility for the system or could be +penalized for pressing the case of the soldier? + And, of course, everybody who presses a case has common +sense on when he has gone as far as he can. Can I understand +whether you mean a soldier's advocate by the word +``ombudsman,'' which is the general meaning of the term, not +some caseworker type person within the system? Did everybody +have that same understanding? + Mr. Denning. Ms. Norton, I indicated I am open to that +idea. I think I would first like to investigate the limitations +of the medical readiness processing units. As I indicated we +have NCOs there who this is their job already. + Chairman Tom Davis. Would the gentlelady yield for just a +second? + Ms. Norton. I would be glad to yield. + Chairman Tom Davis. I think the idea of an ombudsman--you +can call them whatever you want, but for a soldier, +particularly one who has been having trouble, whether it is +getting paid, whether it is medical, there is still a whole +series of problems. There ought to be a number they can call +and a person that is assigned to look after them. + I am not talking about a gripe session. I am not talking +about they didn't like their orders or they got KP too much. I +am talking about something related specifically to organized +benefits--pay, medicine. There ought to be a number and a +person assigned, and sometimes that person may say, you are all +wet on this. It is just not going to work. + But right now they go up through the chain of command, and +that has just not seemed to work, simply because people in the +chain have other activities as they see their mission, not that +they are against the soldier, but they are trained to do other +things, somebody who's trained to know all the ins and outs of +the benefit structure, of the pay structure, of the problems +that can occur, the orders not being cut in time, those kinds +of things. That is all we are asking. + Obviously, we are not asking you to sign off on a blanket. +The concept of that seems to me--I am talking about an injured +soldier coming back from the war. There is a person that they +can call on the ground if they have a problem. + One of the biggest problems we had here was they couldn't +get orders cut. They didn't know where they were going to live. +They didn't know what their families were going to do. They +couldn't get leave. Do you understand what I am saying? That is +what we are talking about. + General Hagenbeck. Sir, if I could, we have established +that inside what we call our ``disabled soldier support +system.'' It only involves right now about 260 soldiers, and +those are most seriously wounded soldiers, those that have lost +limbs, eyesight, have been paralyzed. We have set up an +office--we have funded it last fiscal year with $4 million. I +believe it is $7 million for this fiscal year--to be exactly +what you described. + So I think we have taken the first step, and I think +conceptually we are supportive of that, understanding that we +never want to take away that responsibility that chain of +command has, that first sergeant company commander that needs +to work in concert. But we do agree that there has to be +someone that soldier can go to to cut across the bureaucratic +lines at some of these stovepipe organizations when he can't +get resolution. + Chairman Tom Davis. And you agree that today, the couple of +situations we heard, that would have helped a lot? + General Hagenbeck. Absolutely would have helped. Yes, sir. + Chairman Tom Davis. Yes. + Ms. Norton. And, of course, the command structure needs all +the help it can get. I am sure they would be the last people to +say that they wanted to handle these everyday, run-of-the-mill +complaints rather than have it go to somebody whose job it was +to followup. + I want to just test to see how this would work, because +let's say that we have countless examples of relatives--wives, +parents, members of the military who are not able to maneuver +for themselves, call their Congressman. You really do not want +Chairman Davis and I to be the advocate. I am sure that is the +last advocate you need. But that is what happens. + Chairman Tom Davis. I am not sure they want to answer to +you. + Ms. Norton. Exactly. So all we are saying about ombudsman +is it is in your best interest, as well. But we are very +worried about what happens to the relatives, because we are +getting the same kind of terrible, horrific complaints from +them, being on the phone for hours, being passed from one part +of the Army to the next part of the Army. + I wonder if there is a, let's say even for these 200 or so, +or for any others, if there is a central location or phone +number where someone who is a relative of the Reserve or +National Guard can call and get answers to the question about +the treatment and the Army or about some of the issues that +have been raised here so that this would not be passed on to +the already anxious relatives of these members of the service +to whom they turn when they are not able to get any answer +themselves. + General Hagenbeck. If I could answer that initial question, +we have established an 800 number for what we call ``DS3,'' +disabled soldier support system. So I think conceptually we +know how to do that, I mean not just conceptually but in +concrete terms. But, again we would need to---- + Ms. Norton. That 800 number directs them to where? + General Hagenbeck. They have a case manager, exactly that, +an ombudsman who then takes---- + Ms. Norton. Don't call the case manager the ombudsman. We +have had all kinds of problems with case managers. + General Hagenbeck. I am perhaps defining it differently +than you, but the point is that is their go-to person by name +and who they are. They keep a complete file on them and they +are responsible for that soldier, and they are responsible for +being their advocate, whether it is entry into the VA system, +they are having problems medically, financially, or whatever it +happens to be. + Ms. Norton. General Wilson, you had a response? + General Wilson. Yes. Given much like the Guard, most of our +soldiers, the overwhelming majority comes from the community, +itself. Between the Guard and the Reserve there are over 3,000 +local locations that soldiers are mobilized from. In our case, +we have the Army one source, which is a 24-hour, 7-days-a-week, +365-day telephonic or web-based source for dealing with the +full range of issues, from medical and dental benefits, +training and support to help readjustment and reintegration +into civilian life and their jobs, reunion and marital +reintegration with spouse, children, and personal social +adjustment. The beauty of this program, it is one source. We +publicize it in all of our family support and our rear +detachment operation sites. With this program they have a +benefit of receiving up to seven in-person consultations +relevant to issues. + So the Army Reserve and I believe the Army National Guard, +but I can't answer for sure with that, have the Army one source +where they can go out and find this type of information or be +referred to a specific source for support. + Ms. Norton. Thank you very much. + Ms. Embrey. Excuse me? + Ms. Norton. Yes, Secretary Embrey. + Ms. Embrey. I would like to also add that just 2 weeks ago +we had a ribbon-cutting ceremony announcing a DOD-wide program +for the severely injured joint support operations center, and +the objective of that center is to provide 24/7 access to +anyone who is unaware of the service specific program so they +can get information about how to access and resolve their +problems in navigating. It specifically is designed for the +injured service member and their families. + We recognize this is an important emerging issue that +sometimes information about what is available is not known to +individuals at the ground level. This is a way in which to have +DOD-wide access to get that information and to refer to the +programs that are viable and active in each of the services. + Ms. Norton. You have to believe these soldiers have e-mail +and voice mail. They know how to phone home when in trouble. + I have a very specific question, a concern I have about +Walter Reed here in the District, where I am told that as of +January of this year, just this past month, that soldiers being +held there on medical hold are being compelled to pay for their +own meals. I need to know if this is true. Enlisted soldiers +apparently--again, according to the information I have been +able to get hold of--get $267 in allowances per month to pay +for meals. + At Walter Reed, after a soldier has returned from the +battlefield, the cost would be $450 a month. I would like to +know is it true that these soldiers on medical hold have to pay +for their own meals that other soldiers receive free of charge? +That is a pretty specific question and I need to know yes or no +if that is the way it works. + General Kiley. Those medical hold soldiers that are in an +outpatient status during basic allowance subsistence allowance +are required, when they use the dining facility at Walter Reed, +like all the other soldiers assigned to Walter Reed, both +active duty and Reserve, are required to pay for their meals as +they go through the food line. They have an option to go on +separate rations, as I understand it, and give up that $280 a +month of subsistence allowance, at which time their meals in +the dining facility are free. + That is no different than any other hospital---- + Ms. Norton. Wait a minute. Let me understand this. I +thought that the $267 was for enlisted soldiers to pay for +their meals, but that at Walter Reed that is not what you got. +You had to pay for all three meals. Is that not the case? + General Kiley. If you are an outpatient. If you are an +inpatient, you are not paying for your meals. + Ms. Norton. Of course. + General Kiley. But because if you are---- + Ms. Norton. But you are in a hold company. You are trapped +there. + General Kiley. If you are assigned to Walter Reed or if you +are assigned to the medical holdover unit at Walter Reed in an +outpatient status, then you are authorized to pay and +privileges for a soldier that is not living in the barracks and +having a mess hall to go to, a dining facility to go to. So +under those circumstances, the Army gives those soldiers money +to buy their meals at the dining facility, or to buy meals---- + Ms. Norton. So they receive---- + General Kiley [continuing]. Or Burger King or McDonald's. + Ms. Norton. So this soldier in medical hold receives how +much money to buy his---- + General Kiley. As far as I understand it, just like every +other soldier on active duty who is not sick in hospital and +not on a meal card, which is the Army's way to give them free +meals--you either get a meal card and you don't get any monthly +allotment and then you either eat at the mess hall with this +meal card free, or you have to go find---- + Ms. Norton. So they can get this meal card? + General Kiley. Yes, ma'am, that is my understanding. That +is my understanding. + Ms. Norton. And then they could have three meals a day---- + General Kiley. Free. + Ms. Norton. Free? + General Kiley. Yes, ma'am. But when they get the meal card +they give up the monthly what is called subsistence allowance, +the---- + Ms. Norton. Wait a minute. The monthly subsistence +allowance, that is not just for food? + General Kiley. Yes, ma'am. For food. + Ms. Norton. So they give up the whole thing then? + General Kiley. Well, they are getting three meals a day, 30 +days out of the month. + Ms. Norton. And they are living free of charge on the base, +is that it? + General Kiley. Yes, ma'am. They are in the barracks or in +the hotels. + Ms. Norton. I see. OK. + Could I ask you about the--we are interested particularly +in equal treatment between the Guard, Reserve, and the enlisted +members. As I understand it, for some of the active duty +medical extension soldiers prior to this war, for example, in +Bosnia, the way it works apparently is that some of the injured +Army Reserve Component soldiers in prior wars like Bosnia used +the active duty medical expense process, whereas for these +soldiers you have to apply through the medical retention +process. Why were they not allowed to use the active duty +medical expense process, especially since some of the soldiers +in Bosnia were allowed to do so? + General Kiley. If I understand---- + Ms. Norton. Why isn't there a single system, in other +words, no matter what theater of war you are in, you use the +same process? + General Kiley. I think the key--and I could be corrected if +I am wrong, but I think the key in this process, which is where +the ADME process evolved from, started with soldiers that were +injured during training. A medical assessment was made of the +nature and extent of their injury, depending on the +circumstances under which they were activated, and then a +decision was made as to how long they would remain on ADME. + Even during Bosnia, the numbers of soldiers that flowed +back to continental United States, Reserve and National Guard +soldiers, was small enough that the administration of the ADME +process, to include consultation with physicians repetitively, +was robust enough to handle those relatively small numbers. I +think what we experienced--and as you know I was at Walter Reed +from 2002 to 2004 as a commander--the numbers just exploded on +us. + And so, in attempting to follow the regulations and +attempting to be good keepers of the faith, as it relates to +the law and the regulations, we had to work through this very +burdensome system, and hence we discovered, frankly, pretty +early on that soldiers were dropping off. We were hearing this, +frankly, at morning report at the hospital, and that hold knew +about it. It was a function of coming to the realization that +we needed to change the way we were doing business. + It took us a little while to do it, and I believe by the +first of March we will have just about everybody off ADME. But +that is just an older system that served us well when the +numbers were real small under the circumstances we were +operating under. + Ms. Norton. Mr. Denning. + Mr. Denning. Yes, ma'am. Since the fall of 2003 and the +Fort Stewart incidents, we all at this table, particularly the +Surgeon General, have worked--I think ``tirelessly'' may be too +strong a word, but really hard to ensure that the AC soldiers +and the RC soldiers were treated absolutely the same, that +there was no discrimination. In fact, I can sit here before you +today and tell you that the RC soldiers are treated at least as +well if not better than their AC counterparts in terms of +access to the medical care system. + The Surgeon General has established very specific +guidelines in terms of waiting time for appointments, priority +order, to ensure that RC soldiers get the best quality health +care available. + Ms. Norton. Ms. Embrey, I just have to ask, the total +failure of the planning process, so that after troops were in +there you all began to somehow understand that you would have +people back here that would be held in companies like the +company at Walter Reed. What was the flaw in the planning +process? Did you expect simply to get into, let us say, Iraq +and get out with almost nobody injured and that would be it? + You had a long time to plan for this. The discussion on +whether or not we would go to war had to have gone on for at +least a year. You had to go back and forth to the United +Nations. It was very controversial. There was lots of things. I +mean, why wasn't the planning done there? What was the flaw in +the planning? + Was it that you anticipated not having or having almost no +injuries and therefore didn't plan on having this number of +Guard and Reserves there? And if so, if that was your thinking, +on what basis did you believe that you did not have to plan for +so many injured members of the Guard and Reserve? + Ms. Embrey. I think I will answer this in a couple of +different ways. The first is there are a number of factors that +have contributed to the situation we are in. The first is that +we organize as units and there are various specializations in a +unit, and one of the specializations in those units is to +understand how to navigate the process in your command and +control structure. + When we mobilize, especially Guard and Reserve, they go and +there is a pre-deployment process screening where we try to +identify those who are not physically or medically ready to +deploy. There is a certain percentage of those folks that stay +back, but the rest of the unit goes, along with the expertise +to help them navigate the process. + Then, while they are there, those who get injured are, if +they are severely injured, are medically transported back to +the States through various points of care, returned to a place +where their special requirement can best be provided, and again +their expert that helps them navigate the system from their +unit is not with them. + When they return, through a post-deployment process +individuals identify their concerns, their physical problems. +They are referred and then taken care of, and some of them end +up in medical hold. Again, the rest of their unit and the +expertise to help them navigate the system has gone home. + That is part of the problem, and I believe that---- + Ms. Norton. Yes, we understand the problem. My question +was: what was the flaw in the--was this all unforeseeable? + Ms. Embrey. I don't think it was unforeseeable. I cannot +speak for the Department on failure to plan. I think there was +a very good understanding that we were trying to screen +individuals who would not deploy with medical problems. I think +we thought that our peacetime structure would be able to handle +the anticipated casualties. We realized going in that this is a +marathon, not a sprint, and we are now having to make +adjustments based on what we are learning. + Ms. Norton. That is precisely my question. The President +warned everybody from the beginning of September 11 don't +expect this to be over soon. I only dated back to when we began +to discuss going in Iraq. + Ms. Embrey. Would Congress have agreed to a surge in the +force structure in order to accommodate these requirements? + Ms. Norton. Do you for a moment believe that if you had +come to this committee or to the Armed Services Committee and +said, we expect real problems to develop because of the number +of injured soldiers who may be coming home for a system that is +not equipped to handle them on base, and so they will be held +in medical hold, do you for a moment believe that Congress +would have said, go away? + I mean, you are returning your question to me? We expect +you to do the planning, come to us, and say, this is a warning, +everybody. We are not equipped to handle this. It is a question +of resources. You need to alert us. Are you saying you alerted +us and we did not respond? + Ms. Embrey. No. + Ms. Norton. Well then don't come and tell me, would we have +responded. The question is why did you not alert not only this +committee but a number of other committees who first and +foremost think of the men and women on the ground and then +think about everybody else? So I can only take yours to be a +rhetorical question. + Now, let me finally say--and the reason we ask it, very +frankly, is that the committee, you know, is really looking for +remedies. The message we are sending is that we very much +respect the way the military fights wars. We have not respected +the way the military has cared for these injured soldiers +coming home. We don't think that the people on the ground or +what happens on the ground is broken. I think you will agree +that this was broken, is being fixed. We have noted the way it +is being fixed, are appreciative, but because we are involved +in a longtime conflict the message is plan, plan, plan, just +like you plan to go to war in some respects and not other +respects. + It is absolutely inexcusable not to do the proper planning +that will help us take care of people who have been injured in +war. It has been heartbreaking to hear the testimony of these +soldiers here today, and we just want to make sure the planning +is done to make sure it doesn't happen again. + I have only two more questions. We heard testimony from one +of the prior witnesses, Sergeant Forney, again over a situation +at Walter Reed where he had to use his own funds to buy +supplies and equipment. I need to know whether that has been +entirely cured, why it was that anybody would have been +responsible for having to do that, why a soldier had to put out +his own funds. I am not even sure whether he was repaid. + General Kiley. I have no idea either, Congresswoman. + Ms. Norton. Well, would you followup on his testimony---- + General Kiley. I certainly will. + Ms. Norton [continuing]. And report back to this committee +what you were able to find? + Final question: I asked the prior panel and was told by +that panel that you would be the appropriate panel to ask for +answers to some of the most disturbing testimony about post +traumatic stress disorder. We are told that it may arise some +time after, some months, for example, after the soldier is +back, may linger for some time. + We wonder whether or not, under your current system and +regulations, whether or not somebody who suffers from post +traumatic stress disorder can ever be considered to have a +disability as described under Army regulations, or, if not, how +such a person who now must come back to civilian life is +expected to navigate through the rest of his problem. + General Kiley. I would be happy to try to answer that +question. I think it is a very good one, frankly, and the Army +Medical Department and the Army and, frankly, the Department of +Defense has taken a great interest in this process. As you +know, there was an article published recently in the New +England Journal by one of our medical health care screening +teams that documented a not insignificant number of soldiers +who, on a survey, answered that they were having problems, be +it nightmares, anger, alcohol, or family disturbance issues. We +recognize that, recognized it in terms of the pre- and post- +deployment screening that we do for every single soldier who +comes back, both active and Reserve, National Guard. They get a +face-to-face screen during the demobilization process. + We have also recognized that process, alone, may not be +enough--specifically, that soldiers won't admit that they have +issues, or they think that once they are back at home, they +demobilize, they are looking forward to getting back with their +family, that some of the issues they may or may not have been +worried about are now going to be resolved. + There is no question that every soldier that mobilizes and +deploys goes through a traumatic experience just in the +mobilization and deployment, and then with combat operations it +can be a significant shock to the system, so to speak. Like +everything else in human nature, there is a bell-shaped curve +of resiliency associated with that. + But we have gotten more sensitive and more aggressive in +seeking out soldiers and asking them how they are doing. We +have actually done some followup on soldiers who went through +the original screening and found that over time they actually +start to admit and recognize that some of the problems they +have been struggling with haven't gone away. So we are in the +process of identifying that systemically and clearly offering +opportunities for soldiers to come back and see us. + Just recently, as you probably know, the Secretary directed +the services to begin a formalized process at the 90- to 180- +day mark to bring soldiers back and screen them, and we are in +the process of working our way through the policies and the +resources required to execute that. + The second part of that is once we have identified soldiers +that may need counseling or help, it is collating the resources +to provide that. The mental health communities in general are +already very busy--psychiatrists, psychologists, social +workers, and other counselors--and we want to make sure we have +some place to refer our soldiers, Sailors, Airmen, Marines when +they do recognize that they have some problems. + Our experience is that most of those soldiers, almost all +of them will resolve these issues, particularly with some +assistance, but PTSD is recognized and I am understood to +believe that in its most severe forms it is recognized as a +disability with sort of the PEB system and soldiers do get +recognition of that, depending on the nature and the extent of +their symptoms. + It is often a temporary position that does heal itself over +time, and so in some cases those soldiers will go into a TDRL +status and come back in 18 months, and we will sit down with +them again and see how they are doing. + We are very sensitive to this. Some of this is an outgrowth +of the first Gulf war and our work in dealing with and the +development of the diagnosis of post traumatic stress syndrome. + I hope that answers your question. + Ms. Norton. I appreciate your answer, because I could not +agree more when somebody comes back from war the notion of +stress, waiting to see whether or not or at least following the +soldier to see if that stress will develop into some long-term +problem, that is a close call. As long as you are following the +soldier, I think we would be satisfied. + Let me tell you what leads me to ask about disability. When +you see the number of soldiers--I mean, appalling number--from +the Viet Nam war that are on the streets homeless, you +recognize that you never want to see that happen again. I +realize that was a draft. There may have been many there who +are very unlikely volunteer soldiers. + But it has seared itself into the consciousness of Members +of Congress, because those are people who will call our +offices, whose families will call our offices, the notion that, +as difficult as it is to decide whether or not we are dealing +with something that can truly be called a disability and, hey, +that is your job as well, as long as that is something that is +not off the table or impossible to get in appropriate places, +that would certainly satisfy me. + I am particularly concerned in the volunteer Army about +that because one's heart goes out as one hears interviews on +television members of the service who are asked, well, would +you go back, or who volunteer that they want to go back. These +are people who have lost limbs or worse. These are folks who +have imbibed the notion that they have done a service for their +country, who say, I have somehow or feel often I have abandoned +my fellow soldiers, and what I need to do in order to feel +right about myself is to go right back there and serve as long +as they serve. That is the psychology one hears over and again. + I have to tell you I believe the press goes around trying +to find somebody who will say the opposite, and they just can't +find people. They all seem to say, I want to go back, or, I +would go back if I could. That leads me to believe that what +you just said, General Kiley, is the case. Hey, that is not the +right thing to say if you are a soldier, that you are feeling +any pain, that you don't want to go back. Therefore, the +possibility that these volunteer soldiers who have absorbed the +notion that they are first and foremost a soldier need to be +followed very, very carefully, because their reluctance to +admit is perfectly understandable. + Finally, in closing this hearing, I want to thank all of +our witnesses, and I especially thank you. This has been an +accountability hearing. You can imagine that we feel a very +special obligation when we continue to hear in our own offices +about these problems. We know that you have responded to some +of the problems that have been brought to your attention +through the GAO and through hearings of this committee, and I +want you to know that, despite our questioning, we appreciate +the fact that the Army has been responsive to the committee, +and we will press you further until we think the system has +been entirely fixed. That is our obligation. We think you +believe it is yours. + Before we adjourn, the chairman has asked me to say that he +has a request of the Army. As you have done for this committee +on the issues of the Guard and Reserve pay, he requests +quarterly briefings to be provided to the committee on the +state of the medical administrative treatment of Guard and +Reserve forces. It appears that you have some distance to go to +improve the oversight, infrastructure, patient service, and +efficiency of your policies. + Also, to better address the questions of Reserve Component +members, their families, and congressional case workers, he +also asks that the Army takes steps to provide a one-call +ombudsman office, and, if I may add, described the way we +described it, differently from the case worker who is torn +between the system and the soldier--a one call ombudsman office +where staff trained in all Reserve Component administrative +issues can answer questions in a timely and comprehensive +manner. + We would also like to add that the record will be kept open +for 2 weeks to allow witnesses to include additional +information into the record. That includes witnesses from the +service, witnesses who may be family members, or members of the +service. + Again, we thank you for coming. + The hearing is now adjourned. + [Note.--The GAO report entitled, ``Military Pay, Gaps in +Pay and Benefits Create Financial Hardships for Injured Army +National Guard and Reserve Soldiers,'' is on file with the +committee.] + [Whereupon, at 1:40 p.m., the committee was adjourned.] + [The prepared statements of Hon. Candice S. Miller and Hon. +Brian Higgins, and additional information submitted for the +hearing record follow:] + +[GRAPHIC] [TIFF OMITTED] T0085.144 + +[GRAPHIC] [TIFF OMITTED] T0085.145 + +[GRAPHIC] [TIFF OMITTED] T0085.146 + +[GRAPHIC] [TIFF OMITTED] T0085.147 + +[GRAPHIC] [TIFF OMITTED] T0085.148 + +[GRAPHIC] [TIFF OMITTED] T0085.149 + +[GRAPHIC] [TIFF OMITTED] T0085.150 + +[GRAPHIC] [TIFF OMITTED] T0085.151 + +[GRAPHIC] [TIFF OMITTED] T0085.152 + +[GRAPHIC] [TIFF OMITTED] T0085.153 + +[GRAPHIC] [TIFF OMITTED] T0085.154 + +[GRAPHIC] [TIFF OMITTED] T0085.155 + +[GRAPHIC] [TIFF OMITTED] T0085.156 + +[GRAPHIC] [TIFF OMITTED] T0085.158 + +[GRAPHIC] [TIFF OMITTED] T0085.159 + +[GRAPHIC] [TIFF OMITTED] T0085.160 + +[GRAPHIC] [TIFF OMITTED] T0085.161 + +[GRAPHIC] [TIFF OMITTED] T0085.162 + +[GRAPHIC] [TIFF OMITTED] T0085.163 + +[GRAPHIC] [TIFF OMITTED] T0085.164 + +[GRAPHIC] [TIFF OMITTED] T0085.165 + +[GRAPHIC] [TIFF OMITTED] T0085.166 + +[GRAPHIC] [TIFF OMITTED] T0085.167 + +[GRAPHIC] [TIFF OMITTED] T0085.168 + +[GRAPHIC] [TIFF OMITTED] T0085.169 + +[GRAPHIC] [TIFF OMITTED] T0085.170 + +[GRAPHIC] [TIFF OMITTED] T0085.171 + +[GRAPHIC] [TIFF OMITTED] T0085.172 + +[GRAPHIC] [TIFF OMITTED] T0085.173 + +[GRAPHIC] [TIFF OMITTED] T0085.174 + +[GRAPHIC] [TIFF OMITTED] T0085.175 + +[GRAPHIC] [TIFF OMITTED] T0085.176 + +[GRAPHIC] [TIFF OMITTED] T0085.177 + +[GRAPHIC] [TIFF OMITTED] T0085.178 + +[GRAPHIC] [TIFF OMITTED] T0085.179 + +[GRAPHIC] [TIFF OMITTED] T0085.180 + +[GRAPHIC] [TIFF OMITTED] T0085.181 + +[GRAPHIC] [TIFF OMITTED] T0085.182 + +[GRAPHIC] [TIFF OMITTED] T0085.183 + +[GRAPHIC] [TIFF OMITTED] T0085.184 + +[GRAPHIC] [TIFF OMITTED] T0085.185 + +[GRAPHIC] [TIFF OMITTED] T0085.186 + +[GRAPHIC] [TIFF OMITTED] T0085.187 + +[GRAPHIC] [TIFF OMITTED] T0085.188 + +[GRAPHIC] [TIFF OMITTED] T0085.189 + +[GRAPHIC] [TIFF OMITTED] T0085.190 + +[GRAPHIC] [TIFF OMITTED] T0085.191 + +[GRAPHIC] [TIFF OMITTED] T0085.192 + +[GRAPHIC] [TIFF OMITTED] T0085.193 + +[GRAPHIC] [TIFF OMITTED] T0085.194 + +[GRAPHIC] [TIFF OMITTED] T0085.195 + +[GRAPHIC] [TIFF OMITTED] T0085.196 + +[GRAPHIC] [TIFF OMITTED] T0085.197 + +[GRAPHIC] [TIFF OMITTED] T0085.198 + +[GRAPHIC] [TIFF OMITTED] T0085.199 + +[GRAPHIC] [TIFF OMITTED] T0085.200 + +[GRAPHIC] [TIFF OMITTED] T0085.201 + +[GRAPHIC] [TIFF OMITTED] T0085.202 + +[GRAPHIC] [TIFF OMITTED] T0085.203 + +[GRAPHIC] [TIFF OMITTED] T0085.204 + +[GRAPHIC] [TIFF OMITTED] T0085.205 + +[GRAPHIC] [TIFF OMITTED] T0085.206 + +[GRAPHIC] [TIFF OMITTED] T0085.207 + +[GRAPHIC] [TIFF OMITTED] T0085.208 + +[GRAPHIC] [TIFF OMITTED] T0085.209 + +[GRAPHIC] [TIFF OMITTED] T0085.210 + +[GRAPHIC] [TIFF OMITTED] T0085.211 + +[GRAPHIC] [TIFF OMITTED] T0085.212 + +[GRAPHIC] [TIFF OMITTED] T0085.213 + +[GRAPHIC] [TIFF OMITTED] T0085.214 + +[GRAPHIC] [TIFF OMITTED] T0085.215 + +[GRAPHIC] [TIFF OMITTED] T0085.216 + +[GRAPHIC] [TIFF OMITTED] T0085.217 + +[GRAPHIC] [TIFF OMITTED] T0085.218 + +[GRAPHIC] [TIFF OMITTED] T0085.219 + ++ +