A Fitting Finale

[HARDCORE]

I just received a PM asking about the Bill that Brenda and I was heavily involved in. I have listed below some of the material that came in from Senator Boxer and Congressman Filner. I hope that it adds some enlightenment. As I have stated before, Brenda’s uncle Corporal Melvin H. Morgan was one of the 17,000 to 21,000 Prisoners of War who DIED in Enemy Captivity from 7 December 1941 to the present. He died of starvation in a Tiger Camp in North Korea and again I hope the data below, only a part of the total picture, is of some value and interest.

Rick
__________________________________________________ __


----- Original Message -----
From: "Norris, Ann (Boxer)" To: "Rick Tavares" "Schultze, Sharon" "Major Doug Johnson" Cc: "Wells, Matthew (Boxer)"
Sent: Tuesday, December 18, 2007 12:54 PM
Subject: RE: QUESTION??????????

DoD assured us that they are working to change the regulations now, and that the changes to the regulation should be in place by mid next year. We continue to follow up with DoD on a regular basis. This is from the last correspondence we received:

The policy change to allow POWs who die in captivity to receive the Purple Heart is being incorporated into the revised version of DoD 1348.33-M, Manual of Military Decorations and Awards. The revised manual is currently being staffed at the Action Officer level and will be formally staffed for approval early next year. We anticipate publication of the revised manual by mid-2008.

Please let me know if you have any questions.

Thank you -

Ann Norris
Senior Legislative Assistant
Senator Barbara Boxer
202.224.3553
__________________________________________________ ______

Here is the link to DoD 1348.33-M, Manual of Military Decorations and
Awards: http://www.dtic.mil/whs/directives/corres/pub1.html
__________________________________________________ ______
HONORING OUR NATION'S VETERANS -- (House of Representatives - June 03, 2004)

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________
The SPEAKER pro tempore. Under a previous order of the House, the gentleman
from California (Mr. Filner) is recognized for 5 minutes.

Mr. FILNER. Mr. Speaker, I rise today to introduce two pieces of legislation in this House that recognizes and honors the service and sacrifice of members of the United States Armed Forces throughout the history of our great Nation.

The first bill is H.R. 4425, called the Honor Our Fallen Prisoners of War Act. Currently, prisoners of war who die during their imprisonment of wounds inflicted in war are eligible for a posthumous Purple Heart recognition. However, those who die of starvation, for example, or beatings or freezing to death are causes which are not eligible for the Purple Heart.

Can this be right? There should be no false distinction indicating more courage or more sacrifice by some who died and less by others. All POWs who died in service to our Nation should be eligible for this Purple Heart recognition, and H.R. 4425 will allow all members of our armed forces who die while a prisoner of war, regardless of the cause of death, to be awarded this honor. This will apply to all wars, past and present.

I am indebted to Rick and Brenda Morgan Tavares of Campo, California, and to
Wilbert ``Shorty'' Estabrook of Murrieta, California, who brought this issue to my attention. Shorty survived the Tiger Camp death march during the Korean War and was imprisoned for over 3 years. Brenda's uncle, Corporal Melvin Morgan, died of starvation and beatings he suffered in 1950 at the age of 20 in Korea. Surely Corporal Morgan is deserving of a Purple Heart.
_____________________________________________
Honor Our Fallen Prisoners of War Act (Introduced in House)

HR 4425 IH

108th CONGRESS

2d Session

H. R. 4425

To amend title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart.


IN THE HOUSE OF REPRESENTATIVES

May 20, 2004
Mr. FILNER introduced the following bill; which was referred to the Committee on Armed Services
----------------------------------------------------------------------------
A BILL
To amend title 10, United States Code, to provide for the Purple Heart to be
awarded to prisoners of war who die in captivity under circumstances not
otherwise establishing eligibility for the Purple Heart.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Honor Our Fallen Prisoners of War Act'.

SEC. 2. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN CAPTIVITY.

(a) Persons not Otherwise Eligible for the Purple Heart- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death

`(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.

`(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart.

`(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.'.
__________________________________________________ ____
__________________________________________________ _______________

Honor Our Fallen Prisoners of War Act (Introduced in House)

HR 2369 IH

109th CONGRESS

1st Session

H. R. 2369

To amend title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart.

IN THE HOUSE OF REPRESENTATIVES

May 16, 2005

Mr. FILNER (for himself and Mr. MCNULTY) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Honor Our Fallen Prisoners of War Act'.

SEC. 2. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN CAPTIVITY.

(a) Persons not Otherwise Eligible for the Purple Heart- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death

`(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.

`(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart.

`(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.'.
__________________________________________________ ______

Honor Our Fallen Prisoners of War Act (Introduced in Senate)
S 2157 IS

109th CONGRESS

1st Session

S. 2157

To amend title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart.

IN THE SENATE OF THE UNITED STATES

DECEMBER 21, 2005

Mrs. BOXER introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Honor Our Fallen Prisoners of War Act'.

SEC. 2. AWARD OF PURPLE HEART FOR PRISONERS OF WAR WHO DIE IN CAPTIVITY.

(a) Persons not Otherwise Eligible for the Purple Heart- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death

`(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.
`(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart.

`(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`1135. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.'.
__________________________________________________ _____________

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS --(Senate - December 21, 2005)

By Mrs. BOXER:

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S. 2157. A bill to amend title 10, United States Code, to provide for the Purple Heart to be awarded to prisoners of war who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart; to the Committee on Armed Services.

Mrs. BOXER. Mr. President, I am pleased to introduce legislation today to provide for the Purple Heart to be awarded to all prisoners of war who die in captivity, regardless of the cause of death. The ``Honor Our Fallen Prisoners of War Act'' was previously introduced by Representative BOB FILNER in the House of Representatives. I am proud to join him in this effort.

The ``Honor Our Fallen Prisoners of War Act'' would make members of the Armed Forces who die in captivity of any circumstance eligible for the Purple Heart. Currently, only prisoners of war who die during their imprisonment of wounds inflicted by an instrument of war are eligible for posthumous Purple Heart recognition. Those who die of starvation, disease, abuse, or other causes during captivity are not.

I believe this is an injustice to the thousands of POWs who paid the ultimate price in service to our Nation. The purpose of the Purple Heart is to honor those who are killed or wounded in action as the result of an act of an enemy of the United States. It makes no sense that prisoner of war camps--where thousands of Americans have been held against their will and have endured great suffering at the hands of enemy forces--are not considered a battlefield.

The legislation is retro-active to December 7, 1941 and would therefore include all POWs who have died in captivity since World War II.

The ``Honor Our Fallen Prisoners of War Act'' has been endorsed by the Tiger Survivors, Veterans of Foreign Wars, Military Order of the Purple Heart, Korean War Veterans Association, National League of POW/MIA Families, and a number of other prominent veterans organizations.

I urge my colleagues to support this important legislation.
---------------------------------------------------

H.R.5122

John Warner National Defense Authorization Act for Fiscal Year 2007 (Engrossed Amendment as Agreed to by Senate)

SEC. 589. PURPLE HEART AWARD ELIGIBILITY.

(a) FINDINGS- Congress makes the following findings:

(1) The Purple Heart is the oldest military decoration in the world in present use.

(2) The Purple Heart was established on August 7, 1782, during the Revolutionary War, when General George Washington issued an order establishing the Honorary Badge of Distinction, otherwise known as the Badge of Military Merit.

(3) The award of the Purple Heart ceased with the end of the Revolutionary War, but was revived in 1932, the 200th anniversary of George Washington's birth, out of respect for his memory and military achievements by War Department General Orders No. 3, dated February 22, 1932.

(4) The criteria for the award was originally announced in War Department Circular dated February 22, 1932, and revised by Presidential Executive Order 9277, dated December 3, 1942; Executive Order 10409, dated February 12, 1952; Executive Order 11016, dated April 25, 1962; and Executive Order 12464, dated February 23, 1984.

(5) The Purple Heart is awarded in the name of the President of the United States as Commander in Chief to members of the Armed Forces who qualify under criteria set forth by Presidential Executive Order.

(b) DETERMINATION- As part of the review and report required in subsection (d), the President shall make a determination on expanding eligibility to all deceased servicemembers held as a prisoner of war after December 7, 1941, and who meet the criteria establishing eligibility for the prisoner-of-war medal under section 1128 of title 10, but who do not meet the criteria establishing eligibility for the Purple Heart.

(c) REQUIREMENTS- In making the determination described in subsection (b), the President shall take into consideration--

(1) the brutal treatment endured by thousands of POWs incarcerated by enemy forces;

(2) that many service members died due to starvation, abuse, the deliberate withholding of medical treatment for injury or disease, or other causes which do not currently meet the criteria for award of the Purple Heart;

(3) the views of veteran organizations, including the Military Order of the Purple Heart;

(4) the importance and gravity that has been assigned to determining all available facts prior to a decision to award the Purple Heart; and

(5) the views of the Secretary of Defense and the Joint Chiefs of Staff.

(d) REPORT- Not later than March 1, 2007, the President shall provide the Committees on Armed Services of the Senate and House of Representatives a report on the advisability of modifying the criteria for the award of the Purple Heart to authorize the award of the Purple Heart to military members who die in captivity under unknown circumstances or as a result of conditions and treatment which currently do not qualify the decedent for award of the Purple Heart; and for military members who survive captivity as prisoners of war, but die thereafter as a result of disease or disability incurred during captivity.
__________________________________________________ _______

[DeadlyDaring]

A PURPLE HEART FOR PTSD? -- Army psychologist makes controversial proposal even though PTSD does not meet regulatory requirements for medal.

http://www.vawatchdog.org/08/nf08/nf...nf050508-1.htm

Purple Heart urged for veterans with PTSD

By Jeff Schogol
Stars and Stripes



A military psychologist suggests making troops suffering from post-traumatic stress disorder eligible for the Purple Heart to help remove the stigma of a disorder affecting about 20 percent of combat veterans.

Such a move would be a major change in the Purple Heart awards policy, which does not classify PTSD as a combat wound.

John E. Fortunato is chief of the Recovery and Resilience Center at Fort Bliss, Texas, where he treats soldiers suffering from PTSD.

During a visit to Fort Bliss on Thursday, Defense Secretary Robert Gates praised the center, which uses intensive individual therapy and nontraditional ways such as acupuncture, meditation and yoga to treat PTSD.

At Red River Army Depot on Friday, Gates said it was an “interesting idea” to award the Purple Heart to troops suffering from PTSD, adding the issue is “clearly something that needs to be looked into.”

On Thursday, Fortunato said PTSD is a “physical disorder, at least in part,” because it damages the brain, making it no different from shrapnel wounds.

However, an Army regulation precludes troops suffering from PTSD from being awarded the Purple Heart, he said.

“I would love to see that change, because these guys have paid at least a high — as high a price, some of them — as anybody with a traumatic brain injury, as anybody with shrapnel wound, and what it does is it says this is the wound that isn’t worthy, and I say it is,” Fortunato said.

Asked to respond to Fortunato’s comments, the Army provided a copy of Army Regulation 600-8-22 on military awards, which lays out the criteria for the Purple Heart.

The regulation defines a wound as “an injury to any part of the body from an outside force or agent,” such as bullets, explosives and shrapnel.

Post-traumatic stress disorders are among the injuries that do not merit the Purple Heart, along with heatstroke, frostbite, trench foot and self-inflicted wounds.

Sailors and Marines suffering from PTSD also are not eligible for the Purple Heart, Navy spokeswoman Ensign Laura Stegherr said.

To receive the Purple Heart, servicemembers must be wounded as a result of enemy action, and they must have been treated by a medical officer at the time of injury, Stegherr said in a e-mail Friday.

“PTSD does not meet these two requirements and does not meet the eligibility for awarding of a Purple Heart,” Stegherr said.

Stars and Stripes’ query to the Air Force on the matter was still open by deadline on Saturday.

Even some of the soldiers who suffer from PTSD feel that they do not deserve the Purple Heart, Fortunato said.

“Do you know what’s said is that, like [with] most other prejudices, the people with a disorder often ingest their own prejudice … So a lot of them [soldiers] have internalized PTSD phobia,” he said.

Fortunato also said it would help destigmatize PTSD if there were specific punishments for superiors who harass troops with PTSD.

Such harassment includes making fun of troops suffering from PTSD, such as when a first sergeant — who was later removed — grouped troops suffering with PTSD together and dubbed them “The Brokeback Squad,” he said.

“Until there are sanctions that make a superior pay a price for harassing a soldier with mental health problems, I don’t know that it will change that much,” Fortunato said.

-------------------------

posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

For more about the Purple Heart, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/sessea...le+heart&op=ph

For more about veterans and PTSD, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/sessea...?q=ptsd&op=and

Story here
http://www.stripes.com/article.asp?s...7&archive=true

[DeadlyDaring]

What Are the Wounds of War?
Military Debates Purple Heart Awards For Mental Stress
By YOCHI J. DREAZEN
May 13, 2008; Page A11

FROM THE WALL STREET JOURNAL

WASHINGTON -- Centuries before Iraq and Afghanistan, George Washington created the Purple Heart to honor troops wounded in combat

But with an increasing number of troops being diagnosed with post-traumatic stress disorder, the modern military is debating an idea Gen. Washington never considered -- awarding one of the nation's top military citations to veterans with psychological wounds, not just physical ones.

Defense Secretary Robert Gates offered cautious support for such a change on a trip to a military base in Texas this month.

"It's an interesting idea," Mr. Gates said in response to a question. "I think it is clearly something that needs to be looked at."

The Pentagon says it isn't formally considering a change in policy at this point, but Mr. Gates's comments sparked a heated debate on military blogs, message boards and email lists. The dispute reflects a broader question roiling the military: Can psychological traumas, no matter how debilitating, be considered equivalent to dismembering physical wounds?

Supporters of awarding the Purple Heart to veterans with PTSD believe the move would reduce the stigma that surrounds the disorder and spur more soldiers and Marines to seek help without fear of limiting their careers.

The High Price Paid

"These guys have paid at least as high a price, some of them, as anybody with a traumatic brain injury, as anybody with a shrapnel wound," John Fortunato, who runs a military PTSD treatment facility in Texas, told reporters recently. Absent a policy change, Dr. Fortunato told reporters, troops will mistakenly believe that PTSD is a "wound that isn't worthy."

Opponents argue that the Purple Heart should be reserved for physical injuries, as has been the case since the medal was reinstituted by Congress in 1932. Military regulations say the award should go to troops with injuries "received in action with an enemy." Some opponents also note that PTSD can be faked, which can't easily be done with a physical wound.

"The Purple Heart was meant to be a badge of honor to show you were wounded in battle," says Bob Mackey, a retired Army lieutenant colonel who fought in the first and second Iraq wars. "I've been in combat three times. There's stuff I've had to deal with. But it's substantially different from being physically hurt."

The biggest difference, he says, is that some veterans may be diagnosed with PTSD even if they never saw combat or fought an enemy -- requirements, historically, for receiving a Purple Heart.

Lasting Torment

Military historians believe that the syndrome now known as PTSD -- usually characterized by nightmares, sleeplessness and anxiety -- has been around for as long as humans have gone to war.

The American Psychological Association formally recognized PTSD in 1980, and the term quickly entered the popular imagination as a way of describing the suffering of veterans emotionally traumatized by what they had seen or done in Vietnam.

Today, PTSD is emerging as one of the signature maladies of the long wars in Iraq and Afghanistan, which lack clear front lines and pit U.S. forces against enemies who operate out of densely packed civilian areas.

A recent California-based research institution Rand Corp. study concluded that 300,000 of the military personnel who have served in Iraq or Afghanistan have symptoms of the disorder, which can sometimes lead to suicide. The report found tragedies closely linked to the development of PTSD: Half of the 1.6 million troops who spent time in the two war zones had friends who were seriously wounded or killed, while about 45% saw dead or wounded civilians.

The young soldiers and Marines serving in Iraq and Afghanistan came of age in a culture obsessed with therapy and mental disease, but the Rand study suggests that today's troops are no more likely to be diagnosed with PTSD than those who fought in Vietnam. A 2006 study in the journal Science estimated that 18.7% of Vietnam veterans suffered from PTSD, a figure virtually identical to Rand's estimate for veterans of the current wars.

Military officers and psychologists fear that veterans of the two wars will suffer mental-health problems for decades to come, a largely hidden cost of the current conflicts.

"There's a financial cost to this, but more importantly there'll be a cost in lives if we don't get a handle on this problem now," Sen. Christopher Bond (R., Mo.) said in a recent interview. He is crafting a new bill designed to improve veterans' mental-health care.

Sen. Bond's bill would allow active-duty soldiers suffering from mental-health problems to use the much-larger network of Veterans Administration facilities and treatment centers. It would also train veterans to offer psychological assistance to other returning service personnel.

The Stigma

Many military personnel are reluctant to seek counseling for PTSD because they are afraid that seeking help would harm their careers. A recent survey by the American Psychiatric Association found that 75% of military personnel felt that asking for assistance would reduce their chances for promotion.

"There's a real fear that admitting to mental illness will mean being stigmatized," said Carolyn Robinowitz, the organization's president.

The Pentagon's Mr. Gates has worked hard to dispel that stigma, recently pushing through a rule change allowing military personnel to get counseling for PTSD without having it negatively affect their security clearances.

The question of whether veterans suffering from PTSD should be eligible for the Purple Heart is a deeply emotional issue for military personnel and their families.

Carol Schultz Vento's father, Arthur, was a World War II veteran who took part in the D-Day invasion and won a Bronze Star and two Purple Hearts during his service in Europe.

"From my perspective, the PTSD impaired his functioning more than the physical injuries," she says.

Ms. Vento is working on a book about the emotional traumas World War II veterans like her father suffered, and believes PTSD victims should be eligible for the Purple Heart.

"But for their war experiences, those veterans would not have been traumatized and struggle to adapt to postwar life -- and some don't make it," she says.

Robert Certain is a retired Air Force colonel who was shot down over Hanoi, Vietnam, in 1972 and held as a prisoner of war. He received a Bronze Star and two Purple Hearts and later became an Air Force chaplain and Episcopal priest.

'Obvious to the Warrior'

Mr. Certain suffered severe depression in the 1980s and was formally diagnosed with post-traumatic stress disorder in 2000.

Mr. Certain says that he is conflicted about whether veterans with PTSD should be eligible for the Purple Heart. In his own case, the disorder wasn't diagnosed until decades after the Vietnam War ended but he believes that making troops suffering from the disorder eligible for the award might persuade more of them to seek help.

In an email, he wrote: "The scars resulting from PTSD are almost all invisible to the observer, but always obvious to the warrior who has them."

Write to Yochi J. Dreazen at yochi.dreazen@wsj.com