The long and difficult road to changing Feres Doctrine - We Are The Mighty
MIGHTY CULTURE

The long and difficult road to changing Feres Doctrine

In high school, Jordan Way played football and lacrosse, as well as participating in ballroom dancing. He worked with the school’s Best Buddies program, partnering with special needs students in a mentoring capacity. “One of our nicknames for him was ‘Adventure,'” said his father, Dana Way. “Hiking, fishing, shooting, bow and arrows — he did not turn down a challenge.” Jordan was devoted to his family and devoted to his role as a U.S. Navy corpsman.

Yet only four years into his time in the Navy, Jordan was dead from opioid toxicity following shoulder surgery at the military hospital at Twentynine Palms Base. His parents were shocked to discover that a longstanding legal precedent known as the Feres Doctrine prevented them from suing the government for medical malpractice.


“My son never left the United States,” said Suzi Way, Jordan’s mother. “He was not in a war situation. He was having routine surgery, and he died. And he has no voice because of the Feres Doctrine.”

The long and difficult road to changing Feres Doctrine

U.S. Navy sailor Jordan Way died following shoulder surgery and while under the care of military medical professionals.

(Photos courtesy of Suzi Way.)

Jordan was one of thousands affected by the Feres Doctrine in the 70 years it has been in effect. But as of Dec. 20, 2019, active duty military personnel will finally have legal recourse in cases of medical malpractice. President Donald Trump signed the National Defense Authorization Act (NDAA) for 2020, which includes a new mechanism holding the Department of Defense accountable for medical malpractice in military medical facilities. It was a hard-fought battle, but one that has potentially far-reaching consequences for service members who suffer from negligent care.

In 1950, the case Feres v. United States was heard and decided by the Supreme Court. The court held that the United States cannot be sued by active duty personnel under the Federal Torts Claims Act for injuries sustained due to medical negligence. As clarified four years later in United States v. Brown, “The peculiar and special relationship of the soldier to his superiors, the effects of the maintenance of such suits on discipline, and the extreme results that might obtain if suits under the Tort Claims Act were allowed for negligent orders given or negligent acts committed in the course of military duty, led the Court to read that Act as excluding claims of that character.”

Natalie Khawam, the lawyer representing the Way family as well as other families that have been affected by Feres, saw this as a fundamental insult to the civil rights of active duty service members and has been fighting to change the precedent through an act of Congress. “We consider ourselves a superpower, but our military has less rights than our civilians, and less rights than other countries, our allies,” Khawam said. “Shame on us.”

Dana Way vociferously agreed. “Our active duty servicemen who volunteer by signing that line — where in that document does it say, ‘I give up my Constitutional rights’?”

In eighth-grade Pop Warner football, Jordan Way severely broke his wrist. “His hand was hanging almost 180 degrees off his arm,” said his mother Suzi. She added that he was a longtime “fitness nut” and injured his shoulder in 2017. His parents wanted him to return home to see the surgeon who had fixed his wrist years earlier. But as a corpsman, Jordan trusted in the team of military medical professionals who would be overseeing his care.

This proved to be a mistake. Following the shoulder surgery, Jordan was left in agony. Five hours after the surgery, he went to the emergency room and lost consciousness from the pain. ER doctors increased his oxycodone dosage and sent him home. The next day, when nothing had improved, his surgeon increased the dosage again. But the doctors had all failed to see what was happening.

“He was getting the physical effects of the opioids; he was not getting the analgesic pain relief,” explained Dana. As a result, the high dosage of oxycodone left his body unable to move food through his digestive tract — he was not processing any nutrients. He became hypoglycemic and his organs began to shut down. In the end, he fell asleep and never woke up.

The long and difficult road to changing Feres Doctrine

Jordan Way, back row center, with his family.

(Photo courtesy of Suzi Way.)

“These doctors, they didn’t maliciously kill our son,” Suzi said. “I pray for them all the time because I know they have to go to bed at night with the woulda, coulda, shoulda. But they also didn’t help Jordan. They were negligent. They were complacent. They didn’t do their jobs.”

After a long and arduous process of trying to determine what exactly had happened to their son, Army Colonel Louis Finelli, Armed Forces Medical Examiner System Director, admitted to the Ways that Jordan’s case was a “preventable and avoidable death.”

Dana Way sees the Feres Doctrine as a roadblock to quality medical care within the military. “The people in power know ultimately nobody’s going to get held responsible for it,” he said. “If you’re active duty military, you’re essentially a piece of equipment. You are a typewriter, you’re a calculator. If you break, you get thrown into a pile and they move on to the next one. To me, that’s wrong.”

Although Feres has not been overturned, it will be substantially diminished in scope by the NDAA signed last week. Service members will still be unable to sue in federal court for damages caused by medical malpractice, as was originally proposed in the Richard Stayskal Military Medical Accountability Act. That act was part of the House of Representatives’ version of the bill, named after another of Khawam’s clients who is battling terminal stage 4 lung cancer. Instead, active duty military personnel will be able to submit claims to the Department of Defense itself.

The long and difficult road to changing Feres Doctrine

Rich Stayskal and lawyer Natalie Khawam in Washington.

(Photo courtesy of Natalie Khawam.)

Khawam sees this as an unmitigated victory. “I don’t think anybody will be upset that they can’t go to federal court if they have the remedy, the recourse, of federal court decisions,” she said. “It’s the best of both worlds.” As specified in the NDAA, the Department of Defense will be held to the same standards as those outlined in the Federal Torts Claims Act, and Khawam hopes that it will actually lead to much faster resolution of claims than if the cases were to be seen in federal court.

In its original form as the Richard Stayskal Military Medical Accountability Act, all claims would have been seen in federal court, but that proposal faced a roadblock from Lindsey Graham, the chairman of the Senate Judiciary Committee. Graham was a staunch opponent of any changes to the Feres Doctrine, stating that such changes would be like “opening Pandora’s Box.” Despite a concerted effort among Stayskal and his advocates, any attempt to contact Graham was met with “crickets,” according to Khawam.

In an innovative tactical maneuver, by taking the process out of federal courts and into the Department of Defense itself, the proposal was approved by the far-more-amenable Senate Armed Services Committee. By doing an end-run around Graham, the act, in its new form, made it into the final reconciled version of the NDAA and was signed into law by the President.

The long and difficult road to changing Feres Doctrine

Jordan Way’s funeral.

(Photo courtesy of Suzi Way.)

Fittingly, Trump was revered by Jordan Way, who was buried with a Trump/Pence button on his dress uniform. Given their struggle to get answers about their son’s death from the military, Suzi Way is wary that claims will now be handled by the Department of Defense. “I know how exhausting it has been for my husband and I to find out how and why our son died. That took hundreds of phone calls, hundreds of emails to our elected officials, hundreds of emails to DOD from the very top of the food chain down. How can one ensure the standards are being upheld if they are standards that are privileged to the DOD’s eyes only?”

Khawam, however, is “on cloud nine,” she said. “I feel like it’s been Christmas every day. 70 years of this awful injustice — I felt like it was this locked-up vault that everybody kept saying, ‘It’s never going to change, it’s never going to change.’ And we finally unlocked that vault and cracked it open.”

Of course, “now the work starts from here,” Khawam added. The next step is actually pursuing the claims for Stayskal, Way, and others who have been denied legal recourse because of the Feres Doctrine.

Even Suzi Way, despite her hesitance about the final form of the bill, is glad that there has been momentum. “I went to bed last night,” she said, “and for the first time in almost two years, I didn’t hear Jordan in my mind saying, ‘Mom, I did nothing wrong. I did everything the doctors told me to do, let people know!’ My son’s voice is being heard that was once silenced due to Feres, and this is balm to my grieving soul.”

This article originally appeared on Coffee or Die. Follow @CoffeeOrDieMag on Twitter.

MIGHTY TACTICAL

The Air Force needs special new bombs for China and Russia

Air Force experts and researchers now argue that, when it comes to the prospect of major power warfare, the service will need higher-tech, more flexible and more powerful bombs to destroy well fortified Russian and Chinese facilities.

“There is now a shift in emphasis away from minimizing to maximizing effects in a high-end fight. Requirements from our missions directorate say we continue to have to deal with the whole spectrum of threats as we shift to more of a near-peer threat focus. We are looking at larger munitions with bigger effects,” Dr. John S. Wilcox, Director of Munitions for the Air Force Research Laboratory (AFRL), said recently at the Air Force Association Annual Conference.

While the Air Force is now moving quickly to engineer new bombs across a wide range of “adjustable” blast effects to include smaller, more targeted explosions, exploring 2,000-pound bomb options engineered for larger attack impacts are a key part of the equation.


The principle concept informing the argument, according to Air Force weapons experts, is that variable yield munitions, and certain high-yield bombs in particular, are greatly needed to address a fast-changing global threat calculus.

While Wilcox did not specify a particular country presenting advanced threats, as is often the case with Air Force weapons developers, several senior former service officers cited particular Russian and Chinese concerns in a recent study from The Mitchell Institute.

“The Russians and Chinese, in particular, have observed American warfighting strategies over the last several decades and have sought to make their valued military facilities especially difficult to destroy. US commanders involved in future scenarios with these two potential adversaries may find themselves requiring exceedingly powerful munitions to eliminate these types of targets,” the study, called “The Munitions Effects Revolution,” writes.

The long and difficult road to changing Feres Doctrine

(U.S. Air Force photo by Senior Airman Brett Clashman)

Developers make the point that fast-changeable effects need to present Air Force attackers with a “sniper-like” precision air attack as well as massive attacks with expanded “energetics” and more destructive power. To reinforce this point, Wilcox explained that counterterrorism, counterinsurgency or pinpointed attack requirements — and “high-yield” warzone weapons — will all be essential moving forward.

“We will continue to deal with violent extremist organizations,” Wilcox said.

Dialable Effects Munitions

The technical foundation for this need for more “variable yield” effects is lodged within the widely-discussed fact that bomb-body advances have not kept pace with targeting technology or large platform modernization.

“The bomb body, a steel shell filled with explosive material, is relatively unchanged across the past 100 years. But some elements of modern munitions have significantly evolved — particularly guidance elements. Munition effects — the destructive envelope of heat, blast, and fragmentation — remain essentially unchanged” the report, co-authored by By Maj Gen Lawrence A. Stutzriem, (Ret.) and Col Matthew M. Hurley, (Ret.) writes.

Specifically, the report explains that attack platforms such as a Reaper drone or fighter jet are all too often greatly limited by “fixed explosion” settings and weapons effects planned too far in advance to allow for rapid, in-flight adjustments.

An excerpt from the report:

Investment in munition bomb bodies, key components that govern the nature of an actual explosion, has yielded limited incremental improvements in concept, design, and manufacturing. However, the essential kinetic force—the “boom”—is relatively unchanged. Given a rise in real-world demand for more varied explosive effects, it is time for the Air Force to consider new technologies that can afford enhanced options

Time-sensitive targeting driven by a need for fast-moving ISR is also emphasized in the Mitchell Institute study, according to Wilcox.

Wilcox explained that emerging weapons need to quicken the kill chain by enabling attack pilots to make decisions faster and during attack missions to a greater extent.

“The bomb body, minus the guidance unit is relatively unchanged. A 500-pound bomb body flown in 1918 is now being dropped by the F-35 — with a fixed explosive envelope,” Stutzriem writes. “Once weapons are uploaded and aircraft are airborne, fuse flexibility is usually limited and sometimes fixed.”

For instance, the report cites a statistic potentially surprising to some, namely that Air Force F-15s during periods of time in Operation Inherent Resolve, were unable to attack as much as 70-percent of their desired targets due to a lack of bomb-effect flexibility.

“Multi-mode energetics”

Air Force weapons developers are accelerating technology designed to build substantial attack flexibility within an individual warhead by adjusting timing, blast effect, and detonation.

This, naturally, brings a wide range of options to include enabling air assets to conduct missions with a large variation of attack possibilities, while traveling with fewer bombs.

“We want to have options and flexibility so we can take out this one person with a hit to kill munition crank it up and take out a truck or a wide area,” Col. Gary Haase, Air Force Research Laboratory weapons developer, told Warrior Maven and a reporter from Breaking Defense in an interview at AFA.

The long and difficult road to changing Feres Doctrine

A dozen 2,000-pound joint direct attack munitions.

(U.S. Air Force photo by Tech. Sgt. James Hodgman)

Hasse explained “multi-mode energetics” as a need to engineer a single warhead to leverage advanced “smart fuse” technology to adjust the blast effect.

He described this in several respects, with one of them being having an ability to use a targeted kinetic energy “hit-to-kill” weapon to attack one person at a table without hurting others in the room.

Additionally, both Stutzriem and Hasse said building weapons with specific shapes, vectors and sizes can help vary the scope of an explosive envelope. This can mean setting the fuse to detonate the weapon beneath the ground in the event that an earth penetrating weapon is needed — or building new fuses into the warhead itself designed to tailor the blast effect. These kinds of quick changes may be needed “in-flight” to address pop-up targets, Hasse explained.

“We are looking at novel or unique designs from an additive manufacturing perspective, as to how we might build the energetics with the warhead from a combination of inert and explosive material depending upon how we detonate it,” Hasse told Warrior Maven.

The emerging technology, now being fast-tracked by the AFRL, is referred to as both Dialable Effects Munitions and Selectable Effects Munitions.

A high-impulse design allows a single round to have the same effect against a structure as four to five Mk-82s, the Mitchell Institute report says.

“We are talking about the explosive envelope itself, which is a combination of heat, blast and fragmentation,” Stutzhiem said.

This article originally appeared on Warrior Maven. Follow @warriormaven1 on Twitter.

MIGHTY TRENDING

The 500-bed US Navy hospital ship Comfort is leaving NYC after treating just 179 patients in 3 weeks

President Donald Trump said the US Navy hospital ship Comfort would leave New York City as soon as possible after Gov. Andrew Cuomo said it was no longer needed in the city’s fight against the coronavirus.

The USNS Comfort was deployed to New York City on March 30 to help the city’s hospitals as they struggled with a tidal wave of coronavirus patients.


The Comfort’s initial mission was to aid these hospitals by taking all noncoronavirus patients. But it turned out that there weren’t many noncoronavirus patients to take, prompting criticism when it became known that only 20 patients were received on the 1,000-bed ship in its first day.

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After the outrage, Cuomo asked the president to sign off on the ship taking coronavirus patients, to which Trump agreed.

But to take coronavirus patients, the ship had to be reconfigured into a 500-bed hospital to avoid spreading the virus. But the Comfort never came close to reaching capacity, thanks in part to the opening of a makeshift hospital at the Javits Convention Center.

According to NBC New York, the Comfort had treated 179 patients as of Tuesday, with 56 still on board at the time.

Cuomo offered to have the ship deployed to another hard-hit area during a Tuesday meeting with the president.

“It was very good to have in case we had overflow, but I said we don’t really need the Comfort anymore,” Cuomo told MSNBC after the meeting. “It did give us comfort, but we don’t need it anymore, so if they need to deploy that somewhere else, they should take it.”

Trump took him up on the offer, saying that Comfort would be sent back to its home port in Virginia to prepare for its next mission, which has not been decided yet.

“I’ve asked Andrew if we could bring the Comfort back to its base in Virginia so that we could have it for other locations, and he said we would be able to do that,” Trump said at the White House coronavirus briefing on Tuesday. “The Javits Center has been a great help to them, but we’ll be bringing the shop back at the earliest time, and we’ll get it ready for its next mission, which I’m sure will be an important one also.”

Even before the Comfort started taking coronavirus patients, one of the 1,200 crew members tested positive for the coronavirus, despite the crew quarantining for two weeks before being sent to New York.

That number grew to four, all of whom have since recovered and are back at work, a Navy spokesperson told The Virginian-Pilot on Monday.

This article originally appeared on Business Insider. Follow @BusinessInsider on Twitter.

MIGHTY SURVIVAL

COVID-19: Putin tells officials to ‘get ready’ for fight; Iran urges IMF to move on emergency loan

The global death toll from the coronavirus is more than 87,000 with over 1.4 million infections confirmed, causing mass disruptions as governments continue to try to slow the spread of the new respiratory illness.

Here’s a roundup of COVID-19 developments in RFE/RL’s broadcast regions.



Russia

Russian President Vladimir Putin has told cabinet ministers and regional heads to prepare to battle the coronavirus as he outlined steps being taken to counter the outbreak.

“Right now we need to get ready to fight for the life of each individual in every region,” Putin said during a video conference from his residence outside Moscow on April 8 during which he outlined measures being implemented to counter the growing outbreak in the country.

Russia has more than 8,670 officially confirmed coronavirus infections and at least 63 fatalities.

The long and difficult road to changing Feres Doctrine

However, critics have cast doubt over the veracity of the figures, saying the actual toll could be much higher.

Among the steps publicized by Putin during his address was extra pay for medical personnel and the freeing up of 10 billion rubles (3 million) from the federal budget to be disbursed among the country’s more than 80 administrative regions.

In addition, he said that medical personnel who are in direct contact with coronavirus patients would be in line for an additional bonus.

Addressing the economy, Putin said that there was “practically no such thing as a total shutdown of business,” despite the obstacles and restrictions being faced.

“We must realize what kind of damage and destructive consequences this can bring about,” he said.

Putin also told the nation that he realized it is difficult to “remain inside four walls all the time.”

“But there is no choice,” he said. “One has to make it through self-isolation,” he told chiefs of Russia’s regions, which are mostly under strict lockdown.

Iran

Iranian President Hassan Rohani has urged the International Monetary Fund (IMF) to provide Tehran a multibillion-dollar emergency loan it had requested to combat the coronavirus outbreak.

The epidemic has further damaged Iran’s economy, already battered by U.S. sanctions that were reimposed after Washington in 2018 withdrew from a landmark deal between Tehran and world powers to curb the country’s nuclear program.

Tehran, as well as several countries, the United Nations, some U.S. lawmakers, and human rights groups have urged the United States to ease the sanctions to help Iran respond more effectively to the virus.

The long and difficult road to changing Feres Doctrine

The outbreak has officially infected more than 62,500 people and killed over 3,800 in the country. Iranian officials have been criticized for their slow initial response to the pandemic, and experts have been skeptical about the veracity of official figures released by the authorities, who keep a tight lid on the media.

“We are a member of the IMF…. There should be no discrimination in giving loans,” Rohani said in a televised cabinet meeting on April 8.

“If they do not act on their duties in this difficult situation, the world will judge them in a different way,” he added.

Last month, the Central Bank of Iran asked the IMF for billion from its Rapid Financing Initiative to help to fight the pandemic in one of the hardest-hit countries in the world.

An IMF official was quoted as saying the Washington-based lender was in dialogue with Iranian officials over the request.

Iran has not received assistance from the IMF since a “standby credit” issued between 1960 and 1962, according to the fund’s data.

U.S. President Donald Trump has offered some humanitarian assistance, but Iranian officials have rejected the offer, saying Washington should instead lift the sanctions, which Rohani on April 8 equated to “economic and medical terrorism.”

Medicines and medical equipment are technically exempt from the U.S. sanctions but purchases are frequently blocked by the unwillingness of banks to process transactions for fear of incurring large penalties in the United States.

In one of the few instances of aid, Britain, France, and Germany used a special trading mechanism for the first time on March 31 to send medical supplies to Iran in a way that does not violate the sanctions.

The three countries sent supplies via Instex, the mechanism set up more than a year ago to allow legitimate humanitarian trade with Iran.

On April 7, Iran’s parliament reconvened for the first time since the coronavirus outbreak forced it to close, and rejected an emergency bill calling for a one-month nationwide lockdown.

More than two-thirds of the legislature’s 290 members gathered in the absence of speaker Ali Larijani, who tested positive for the virus last week.

During the session, deputy speaker Massud Pezeshkian criticized the Rohani administration for “not taking the outbreak seriously.”

Reporters Without Borders (RSF) on April 7 condemned the detention of journalist and workers’ rights defender Amir Chamani in the northwestern city of Tabriz after he posted tweets about the health situation in Iran’s prisons and protests by inmates.

The Paris-based media freedom watchdog quoted Chamani’s family as saying he was detained on April 2 after being summoned by the cyberpolice.

The authorities have given no reason for the arrest of Chamani, who was transferred to a detention center run by the intelligence department of the Islamic Revolutionary Guards Corps, according to RSF.

Romania

Romania has confirmed another 344 cases of COVID-19 to reach 4,761, with 18 more fatalities that brought the toll to 215, the country’s coronavirus task force said on April 7, amid renewed calls for a sustained increase in the number of tests.

More than 700 of those infected are health-care workers.

The first fatality among medical staff was reported on April 8 — an ambulance paramedic from the northeastern city of Suceava who had reportedly kept working without being tested for days, although his health was deteriorating rapidly.

Suceava is the epicenter of the outbreak in Romania and has been under lockdown since last week.

The long and difficult road to changing Feres Doctrine

The first coronavirus death was registered in Romania on March 22.

An additional 631 Romanians tested positive for COVID-19 abroad, most of them — 412 — in Italy, the world’s hardest-hit country. Some 37 Romanians have died so far in Italy, Britain, France, Spain, and Germany.

The country has been under a state of emergency since March 16, and President Klaus Iohannis on April 6 announced his intention to extend it by one month, while the government decided to postpone local elections that should have been held in early summer.

The Suceava paramedic’s death adds to worries about how Romania’s system is coping with the epidemic. Doctors and nurses have spoken out in recent weeks over insufficient equipment for those treating COVID-19 cases, and many medical staff have resigned over the shortages as well as mismanagement and fatigue.

Romanian platform for online activism DeClic has launched an Internet campaign urging the authorities to speed up the testing under the slogan “Mr. [Prime Minister Ludovic] Orban, don’t toy with our lives.”

Romania, a country of 19.5 million, has tested 47,207 people for coronavirus. By comparison, fellow EU member the Czech Republic has tested almost 99,000 people out of a total of 10.5 million. The Czech death toll stands at 99, less than half of Romania’s.

With reporting by RFE/RL’s Romanian Service, digi24.ro, g4.ro, Reuters, and hotnews.ro

North Caucasus

A former top official of the independent Chechen Republic of Ichkeria, Akhmed Zakayev, has been hospitalized in London with coronavirus symptoms.

Zakayev’s relatives told RFE/RL that the exiled former member of the Chechen separatist government was hospitalized on April 6 after he experienced difficulties breathing.

The relatives added that three days prior to his hospitalization, other family members were experiencing COVID-19 symptoms, such as fever and cough, as well.

Medical officials asked Zakayev’s relatives to sign a consent paper to use artificial respiration during his treatment.

Zakayev, 60, served as culture minister, deputy prime minister, prime minister, and foreign minister in Chechnya’s separatist government.

He and his immediate family members have been residing in exile in London since 2002.

He is wanted in Russia for alleged terrorism, which he and his supporters deny.

This article originally appeared on Radio Free Europe/Radio Liberty. Follow @RFERL on Twitter.

MIGHTY MOVIES

This is why there’s no excuse for Hollywood to screw up military uniforms

Every time a new Hollywood blockbuster comes out about the military, veterans and active duty service members get defensive — and for good reason.


The military is very detail-oriented and the veteran community can spot every mistake in technique, procedure, or uniform wear. It pains us watching films that can’t even get the amount of flags on our uniform correct.

Related: 62 glaring technical errors in ‘The Hurt Locker’

The long and difficult road to changing Feres Doctrine

 

As much of a master craftsman as Stanley Kubrick was when creating films, he’s not without his flaws. For instance, that scene in Full Metal Jacket when Joker is doing pull-ups and then Private Pyle gets hell for not being able to do one.

But Gunny Hartman should have been on Joker’s ass just as much since none of his should have counted (although it could be argued that it was a character choice by late, great R. Lee Ermey, a former Marine Corps Drill Instructor and Hollywood’s truest bad ass, just so he could f*ck with Pyle sooner.)

The film doesn’t exactly shine the best light on the reality of the Vietnam War, but at least in Full Metal Jacket, the uniforms are on point. According to the original Title 10, Chapter 45 section 772 line (f), actors may wear armed forces uniforms as long as it does not intend to discredit that armed force, and in 1970 that condition was removed altogether.

Back in 1967, Daniel Jay Schacht put on a theatrical street performance in protest of the Vietnam War. He and two other actors put on a skit where he “shot” the others with squirt-guns filled with red liquid. It was highly disrespectful but he did manage to get the uniform correct. After being sentenced with a $250 fine and six months in prison, he brought it up to the Court of Appeals and eventually to the Supreme Court.

It was ruled that, as distasteful as it was, his performance was protected under the First Amendment. The Vietnam War protester inadvertently helped troops by taking away any excuse to not get our uniforms right in film, television, and theatrical performances. Now there is no gray area. Hollywood has no excuse to not get the uniforms right.

 

The long and difficult road to changing Feres Doctrine

So what gives? There are far more films that try to portray troops as righteous as Superman, but have them pop their collar.

The reason films like Full Metal Jacket, Forrest Gump, American Sniper, and Thank You For Your Service get it right is because they handle the military with respect. The producers, director, and costume designers listen when the military advisor speaks. They hire costume designers like Keith Denny who have handled military films before to do it right.

Military advisors have been gaining more and more respect in the industry. Because without them, well, the film turns into a drinking game for troops and vets — and they do not hold back their vitriol.

MIGHTY HISTORY

This was the all-out US war plan for the entire Middle East

The days after the September 11th attacks were very different from the United States’ “business as usual” of post-Cold War days gone by. As the days stretched into weeks, the culture of the U.S. changed a little bit, and you could see it everywhere, from entertainment media to individuals across the country. The mood suddenly shifted.

For retired four-star general Wesley Clark, the mood shift was an entirely different level when he met old friends at the Pentagon.


The long and difficult road to changing Feres Doctrine

Clark was a Presidential candidate in 2004.

In a 2007 interview, Clark tells Democracy Now that life at the Pentagon was markedly different from the military world he knew after 34 years in the Army. The former NATO Supreme Allied Commander got a little insight from his old friends about how the United States was preparing to respond to the terrorist attacks on 9/11.

Some ten days after the attacks, Clark says he was in the Pentagon visiting friends at the Joint Chiefs of Staff when he was called into a former colleague’s office. Without divulging which colleague, Clark tells Democracy Now that the general told him they were preparing for a war with Iraq. This was just ten days after Sept. 11, 2001. Clark confirmed that there was no connection between Iraq and al-Qaeda, but the general was firm on the decision to invade.

“I guess if the only tool you have is a hammer, every problem has to look like a nail,” Clark remembered the general saying.

Clark returned to the Pentagon a few weeks later. By this time, the United States was conducting bombing operations in Afghanistan. He poked his head into the same four-star colleague’s office and asked if the war was still on – it was. Not only was the war with Iraq still going on as planned, but the plan had since been expanded to also include other countries that were traditionally hostile to the efforts of the United States.

The general showed Clark a classified memo from then-Secretary of Defense Donald Rumsfeld that listed seven countries that were to be toppled by the U.S. military in the coming five years: Iraq, Syria, Lebanon, Libya, Somalia, Sudan, and Iran. In that order.

The long and difficult road to changing Feres Doctrine

Clark believes Iran needed the US to oust Saddam Hussein, something it could never do.

Clark believed that by that time, Iran already saw itself at war with the U.S., considering the calls for regime change and the ongoing proxy war in neighboring Iraq. In 2007, the United States military was implementing the famous “surge” strategy for defeating the insurgency in Iraq, a strategy that had not yet reaped benefits by the time of Clark’s interview. Clark was trying to stop the momentum for war with Iran.

Of course, the list of countries mentioned by Gen. Clark’s friend in the Pentagon have their own set of issues or were later beset with them. Libya and Syria fell victim to the Arab Spring five years later. The government of Muammar Qaddafi in Libya eventually fell, which led to his death. The government of Bashar al-Asad in Syria was rescued from collapse by Russian intervention in the country’s ongoing civil war. Lebanon was wrecked by an Israeli invasion in 2006. Sudan has since split into two countries as a result of civil strife, and Iraq would infamously suffer at the hands of ISIS after the U.S. withdrawal.

Humor

10 memes that will make you proud to be in the E-4 mafia

The E-4 mafia is one of the tightest groups in the military. The group consists of service members who fall between the pay grades of E-1 and E-4 and is known for (unofficially) running the military. Sure, the senior enlisted and officers give the orders and the NCOs pass those organized plans along, but it’s the mafia that gets sh*t done.

As a member of this unique club, you must follow an unwritten rule that states we don’t talk about being in the mafia or the sh*t we pull off. Since most troops obey this fundamental rule, not much information gets out about this special, underground world. Although we’re not allowed to speak about the mafia that much, it’s definitely okay to crack jokes about the lifestyle through motherf*cking memes.


Let the humorous commentary begin!

The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine
The long and difficult road to changing Feres Doctrine

To all the current members of the E-4 Mafia: Cheers, and remember to enjoy your time in the suck.

MIGHTY TRENDING

The 5 biggest stories around the military right now (July 7 edition)

Up in the morning with the rising sun? Running all day ’til the day is done? Well, get to it then. Oh, wait. Hold up for a sec. Before you hit it check these link out:


  • Nothing saps morale like the fear of not getting paid. See what Obama said about your next paycheck in our bud Leo Shane’s report here.
  • The Philippines is ramping up military spending in the face of a growing threat from China. Check out why WESTPAC cruises will continue and more  in this Reuters report.
  • More on biker gangs recruiting military veterans — this time in Colorado — in this Denver Post story here.
  • Colombian generals serve at the pleasure of the president too . . . and he was displeased with the brass’ role in indiscriminately killing civilians. See how many got fired here.
  • Leo also has the lowdown on military retirement reform. How soon will your monthly check be affected? Read this.

And here’s the Killer Video of the Day, a new feature to TFBSATMRN (acronym for this post . . . duh) from the boys developing THE MIGHTY MUSIC channel, a forthcoming WATM vertical coming soon(ish) to your favorite military website. Dig this one from our favorite album so far this summer:

Now look at this: A 78-year-old German man was hiding a full-size tank in his basement 

Articles

Red Army Choir wiped out in tragic Black Sea plane crash

The Christmas Day crash of a Tupelov Tu-154 off the coast of Sochi, a Black Sea resort town in Russia, killed all 92 people on board. Among the dead are 60 members of the Red Army Choir.


The Red Army Choir had a viral moment when they sang backup to a cover of “Sweet Home Alabama” done by the Leningrad Cowboys. One Youtube video is below:

The choir members killed were part of the Alexandrov Ensemble, according to a CNN report. The choir was slated to perform for Russian military personnel at the Khmeimim air base in Syria.

According to the choir’s iTunes page, the group took first place at the Paris International Exposition in 1937, and features a male chorus, with dancers and an orchestra.

The impact of this crash on Russia could be compared to the Feb. 3, 1959, plane crash that killed rock-and-roll artists Buddy Holly and Richie Valens, or the loss of band leader Glenn Miller in unexplained circumstances while en route to Europe on Dec, 15, 1944.

A 2009 photo of the Alexandrov Ensemble. (Photo from Wikiemdia Commons) A 2009 photo of the Alexandrov Ensemble. (Photo from Wikiemdia Commons)

In a statement on Facebook, the director of the MVD’s Red Army Choir, Gen. Victor Eliseev, said, “Today we are in the shock of the catastrophe in which our colleges of the Alexandrov Choirs and Dances disappeared. Not only were they our colleagues, but a very important military art company, and I am shocked to learn of the disappearance of their leader, my fellow student and friend General Valery Khalilov, with whom we studied and professed together at the Tchaikovsky Conservatory in Moscow. It is a terrible loss for Russian music and art.”

“All members of the Red Army Chorus MVD of the Russian National Guard join me in expressing their friendship to the families of the members of the Alexandrov Ensemble and the families of all the victims of this tragedy and to address our feelings to them more affectionate in this dramatic moment,” Eliseev added.

 

Humor

The 13 funniest military memes for the week of Oct. 20

How was your week? Anything interesting happen?


NO. Nothing of interest happened in the White House, Congress, or Hollywood. And definitely not on Twitter.

I’m joking. Of course it did, this is 2017 and everyone is mad about something… most of those people are justified, but some of them are outraged to be outraged. You can be outraged at how hilarious these military memes are.

Or you can be outraged at how boss that segue was.

1. It’s almost Halloween, are you prepared? (via Pop Smoke)

The long and difficult road to changing Feres Doctrine

2. The Navy won Jeopardy this week. (via Navy Crow)

The long and difficult road to changing Feres Doctrine
This is who Army loses to every year in November.

3. At least he’s not driving. (via Disgruntled Decks)

The long and difficult road to changing Feres Doctrine
Baby steps.

4. When you absolutely, positively leave all your f*cks on the flightline.

The long and difficult road to changing Feres Doctrine
Meet your new L-T!

Now read: This is what it was like fighting alongside Afghan troops

5. Sometimes you wanna show the world you skip leg day. (via Sh*t My LPO Says)

The long and difficult road to changing Feres Doctrine
Thank god they aren’t standard, half the ANG would lose circulation in their feet.

6. Jack O’Lanterns are meant for scaring kids, not troops.

The long and difficult road to changing Feres Doctrine
I bet the pie tastes bitter.

7. The Saltiest Soldiers can be found in Kuwait. (via the Salty Soldier)

The long and difficult road to changing Feres Doctrine
You know who you are.

8.  Has your new sailor given up yet? (via Sh*t My LPO Says)

The long and difficult road to changing Feres Doctrine
OOOOOOOOOOH HES TRYIN’

9. Remember the people who make the magic happen. (via Maintainer Nation)

The long and difficult road to changing Feres Doctrine
They also don’t remember the cooks, sappers, and most of the astromech droids.

Read: This is why people yell ‘Geronimo’ when jumping from heights

10. He didn’t start the fire… (via the Salty Soldier)

The long and difficult road to changing Feres Doctrine
… just the smoke.

11. This never happens in the Air Force. (via Decelerate Your Life)

The long and difficult road to changing Feres Doctrine

12. A Coastie told me this was accurate.

The long and difficult road to changing Feres Doctrine
Now tell me what a Yeoman does.

13. This doesn’t mean what you think it does. (via Ranger Up)

The long and difficult road to changing Feres Doctrine
Or maybe it does. This is Ranger Up, after all.

Now: That time a US Navy fighter accidentally shot itself down

Military Life

5 reasons why going underway is the worst

Located in Southern California, Naval Base San Diego is the second largest surface ship base in the United States. Deploying on a ship with a critical mission is supposed to be one of the proudest moment for any sailor. Those aboard get a chance to serve their country by performing the righteous duties for which they’ve trained hard — in theory, anyway.

In reality, being underway means doing a ton of cleaning and other tasks that fall outside of your regular MOS.


It’s not like what you see in those cool television commercials. You won’t be working with sailors in the intel room trying to defeat an enemy force while listening to the soothing tone of Keith David’s voiceover. In fact, it’s almost the complete opposite.

The long and difficult road to changing Feres Doctrine

Going on watch

If you’ve ever watched paint dry, then you know exactly how it feels to be on watch — you stare at nothing, waiting for anything to happen. Watch is, by far, is the most critical responsibility on any Naval vessel, but it can also be the most painful. You’re looking out for incoming threats, but the likelihood of that happening is slim.

That is, unless you’re in foreign seas and Somalian pirates are feeling ballsy.

No service

Using these little computers in our pockets, making a call to anyone around the world is as easy as picking up your phone and dialing. However, being underway means you’re not going to have any cell service — much to the devastation of millennials.

The idea of not knowing what everyone’s doing back home or what’s happening in the rest of the world can be a little unsettling. After weeks of limited-to-no connectivity, that moment when you reach port and see service bars on your phone is glorious.

The long and difficult road to changing Feres Doctrine

Sleeping quarters

After a long day, it’s finally time to hit the sack — but you don’t get to sleep in a big bed like you did back home. You get to sleep in a rack that looks and feels like a coffin. It may be comfortable for vampires, but for everyone else, it’s anything but that.

Let’s be real, three-man bunks with a minimum of 20 to 30 roommates — does this sound like a good time to you?

Sweepers, sweepers, all hands man your stations

If you’re a sailor, you know how this feels. Once you wake up and get ready for your day, you know what’s about to happen. So, grab a broom and get to cleaning, because there’s always a petty officer around the corner reminding you to do so.

Welcome to hell.

It sounds easy at first, but after a day of working on the ship, the last thing anyone wants to do is pick up another freakin’ broom — trust us.

The long and difficult road to changing Feres Doctrine

(U.S. Navy photo by Mass Communication Specialist 2nd Class Gabriela Hurtado)

Leaving your family

This is a topic that all veterans can relate to. Above all else, the reason we continue to fight is to protect the many families of our nation. Leaving them behind is extremely difficult. You have been their sworn protector for as long as you can remember, and now you must leave them to fulfill your obligations to our great country.

Saying goodbye to your loved ones — and not knowing exactly when you will return — is, by far, one of the hardest things about going underway.

Articles

5 surprising facts you probably didn’t know about the French Foreign Legion

1. Legionnaires are instilled with a “fight to the death” attitude. Giving up is not really an option.

In April 1863, a battle between the French Foreign Legion and the Mexican army showed how effective and ballsy legionnaires really could be. With a total of just 65 men, the legionnaires fought back against a force of approximately 3,000 at the Battle of Camarón. Despite the overwhelming odds, the small patrol of legionnaires inflicted terrible losses on the Mexican forces and they refused to surrender.


Instead, their French officers actually called on the larger Mexican force to surrender multiple times. Holed up inside of a hacienda, only five men remained able to fight (most were killed or wounded) — and incredibly — mounted a bayonet charge against the opposing force, until they were ultimately surrounded and forced to surrender.

“Is this all of them? Is this all of the men who are left?” a Mexican Major said at the time, according to the book Camerone by James W. Ryan. “These are not men! They are demons!”

The Legion still celebrates and commemorates the battle today — and the wooden hand of their slain commander, Capt. Danjou, is the most prized possession at the Legion’s museum in Aubagne, writes Max Hastings.

The long and difficult road to changing Feres Doctrine

2. Legionnaires who are wounded are granted automatic French citizenship.

Though troops serving the Legion hail from 138 different countries, they can become French citizens eventually. After serving at least three years honorably, they can apply to be citizens. But they also have a much quicker path: If they are wounded on the battlefield, they can become citizens through a provision called “Français par le sang versé” (“French by spilled blood”), according to The Telegraph.

The French government allowed this automatic citizenship provision in 1999.

The long and difficult road to changing Feres Doctrine

3. More than 35,000 foreigners have been killed in action while serving with the Legion.

Throughout its history, the French Foreign Legion — and the fighters who make up its ranks — were seen as expendable. The foreigners who continue to join do so accepting the possibility of their death in a far-off place, in exchange for a new life with some sense of purpose. But meaningless sacrifice has gradually become a virtue in itself, according to a Vanity Fair article about the Legion.

“It’s like this,” an old legionnaire told William Langeweische of Vanity Fair. “There is no point in trying to understand. Time is unimportant. We are dust from the stars. We are nothing at all. Whether you die at age 15 or 79, in a thousand years there is no significance to it. So f–k off with your worries about war.”

The long and difficult road to changing Feres Doctrine

4. The Legion used to accept anyone — criminals and misfits especially — with no questions, but now there is a thorough screening process.

Since its founding in 1831, the Legion has become the one place of escape for those with haunted pasts. Men with criminal records, shady business dealings, or deserters from their home country’s armies were accepted into the ranks, with no questions asked. Stripped of their old identity and given a new one, the new legionnaires are able to begin their new life with the slate wiped clean.

The legion will still accept deserters and other minor miscreants, but it’s not as easy as it once was. New recruits are given a battery of physical, intelligence, and psychological tests before they even get any kind of training. Later on in the process, recruits are screened for “motivation” in order to weed out those who don’t have the drive to make it in the ranks.

Some of the process was detailed by Simon Bennett at Vice:

Finally, after countless hours spent lingering in uncomfortable conditions, the only thing standing between us and a spot with the Legion was what was referred to as the “Gestapo.” Rumor had it that at this point, the Legion knew everything about you. The word Interpol is thrown around a lot—any financial, criminal, family, and employment background information is supposedly fair game. Call it a hunch, but I think that’s bullshit. Make no mistake, I believe someone, somewhere has access to all of that information. But a sweaty, apathetic French administration in a run-down, quasi-bureaucratic shithole in suburban Marseille isn’t that someone or somewhere. In any case, they called me in for an interrogation.

While they may not necessarily be running from their past when they join the Legion these days, all new legionnaires are still stripped of their old identities and given new ones, which they maintain for at least their first year of service.

“Legionnaires begin a new life when they join,” a legionnaire named Capt. Michel told NBC News. “Each and every one of them is allowed to keep his past a secret.”

The long and difficult road to changing Feres Doctrine

5. The pay is terrible, and so are the benefits.

Legion recruiters could easily steal the infamous U.S. Marine Corps recruiting poster with the slogan, “We don’t promise you a rose garden.” The pay is terrible, as are the benefits, but that doesn’t seem to matter. Despite the promise of a very rough life and the possibility of being sent to fight anywhere, thousands continue to show up each year.

Legionnaires can expect deployments to austere environments and/or see plenty of combat. The Legion is currently in Afghanistan and Mali, for example.

Their starting pay is roughly $1450 per month for at least the first couple of years in. That’s a pretty small paycheck compared to the lowest-ranking U.S. Army soldier making $1546, which is guaranteed to go up to $1733 after being automatically promoted six months later (if they don’t get in trouble of course).

There is at least one bonus to the Legion if you fancy yourself a drinker: There’s plenty of booze. Even in a combat zone, legionnaires are drinking in their off time, and their culture of heavy drinking would make any frat-boy blush.

MIGHTY TRENDING

Ex-U.S. Marine could face 10 years in Russian prison for drunken incident he can’t remember

MOSCOW — When Trevor Reed traveled to Moscow last summer, it was to study Russian and spend time with his girlfriend Alina Tsybulnik, whom he hoped to marry in September.

But days before he was due to fly home to Texas, Tsybulnik’s co-workers hosted a party that would end with the 29-year-old American spending a night at a Russian police station and, ultimately, standing trial on charges of violently assaulting the police officers who brought him there.


On July 29, a Moscow court is expected to issue its verdict in a case that has shaken Reed’s family and prompted speculation that the former U.S. Marine has become a pawn in a geopolitical standoff between Russia and the United States.

Charged with the “use of violence dangerous to life and health against a representative of the authorities,” Reed has languished in detention since August 2019 and faces a maximum sentence of 10 years in prison. When the final hearing in his case wrapped up at Golovinsky District Court on July 27, he told RFE/RL that he had lost 20 kilograms and was tired “all the time.” He hoped the ordeal would end soon.

“Based on the evidence in my case, I think it’s clear what the outcome should be,” he said.

Reed claims to have no memory of what happened following the party on August 15, where he says he was encouraged to drink large quantities of vodka. But the events leading up to the police officers’ arrival are subject to little dispute.

According to Tsybulnik, in the early hours of August 16 she asked to share a ride with two of her co-workers. On the way, Reed felt nauseous and tried to get out of the vehicle. When the driver pulled up beside the busy road, Reed began drunkenly pacing in dangerous proximity to oncoming traffic. Tsybulnik’s co-worker called the police. She then drove off with another colleague, leaving Tsybulnik alone with Reed.

“I wouldn’t have called the police myself,” Tsybulnik, 22, said in an interview with RFE/RL. She suspects law enforcement took a special interest in Reed on account of his nationality. “After all, he’s an American, and we have a strange relationship with America right now.”

Inconsistencies And Retractions

Two police officers arrived and took Reed in to sober up, telling Tsybulnik to come back in a few hours and pick him up. When she arrived at the police station around 9 a.m., she said, he was being questioned, without a lawyer or interpreter present, by two men who introduced themselves as employees of the Federal Security Service (FSB), Russia’s FBI equivalent. He was accused of endangering the lives of the policemen who brought him in, Tsybulnik was told, by yanking the driver’s arm and elbowing another officer who tried to intervene.

But from the outset, the case against Reed has been marred by inconsistencies. Video evidence reviewed in court appeared to show no evidence that the police vehicle swerved as a result of Reed’s actions, as alleged by the police officers. Speaking before the judge, the officers themselves have claimed to have no memory of key moments in the journey, have retracted parts of their statements on several occasions, and have failed to answer simple questions from Reed’s defense team.

“Let’s put it this way. Almost everything introduced in the trial, that’s in the case, has been fairly well disputed,” said Reed’s father, Joey Reed, who has attended every hearing in his son’s trial. “We understand the nature of the judicial system here — it works differently to what we’re used to. But even within this system, there just seems to be a lot of irregularities as to what’s going on.”

The elder Reed traveled from Texas last September to be near his son, renting an apartment and riding out the height of the coronavirus pandemic in the Russian capital. He has sought to drum up media coverage and regularly updates a website he created and dedicated to Reed’s case, where he points out flaws in the evidence and keeps a record of each court session. A clock on the home screen counts the time Reed has spent in a Russian jail.

Americans On Trial

The U.S. Embassy in Moscow has sent a Russian-speaking representative to each court hearing, but Ambassador John Sullivan has made few public remarks about his case.

“The United States Embassy has not visited my son in five months,” Joey Reed said. “Their only contact with him was a two-minute phone call last month.”

The embassy declined, via its spokeswoman Rebecca Ross, to comment on Reed’s case.

Reed is among several Americans whom Russia has placed on trial in recent years on charges that their supporters, and in some cases the U.S. government, have said appear trumped-up. On April 22, speaking about Paul Whelan, another former U.S. Marine tried in Moscow this year, Sullivan said “he is foremost in my thoughts every day as I continue my service as ambassador, along with other Americans who have been detained — Michael Calvey and Trevor Reed.” Calvey, a Moscow-based investor, is under house arrest pending trial on fraud charges he disputes. Whelan was convicted of espionage, a charge he denies, and sentenced to 16 years in prison on June 15, in a ruling Sullivan called “a mockery of justice.”

In July 2019, Russian Deputy Foreign Minister Sergei Ryabkov called on the United States to free Konstantin Yaroshenko, a Russian pilot serving 20 years on a conviction of conspiracy to smuggle cocaine, and proposed a prisoner swap that would involve the release of a U.S. national held in Russia. Ryabkov did not specify whom he meant, but some took the comment as evidence that Moscow is using Americans like Reed as bargaining chips amid tensions with Washington. Viktor Bout, a Russian gunrunner whose arrest by U.S. authorities inspired the 2005 movie Lord Of War, is another Russian serving time in the United States whom Moscow has sought to repatriate.

‘I’m Ashamed’

The last major prisoner swap between the two countries was a decade ago, when Russia sent several prisoners including Sergei Skripal and the United States transferred 10 deep-cover agents operating in suburban America in a case that inspired the hit TV show The Americans.

Joey Reed plans to leave Russia if his son is sentenced to prison, and continue fighting for his release from the United States. “I’m sure the United States government will be involved,” he said. “And I will probably be spending a lot of time in Washington, D.C.”

Tsybulnik, a Moscow attorney specializing in criminal and international law, said Reed is ready to appeal a conviction before Russia’s Supreme Court. If he’s released, they will marry and seek to expedite her planned move to the United States.

The case against her partner of more than three years has changed her attitude not only to Russia’s legal system, she said, but to her country as a whole.

“There is no evidence of a crime here. This person is not guilty. But they’ve been trying him for a year — a year he’s spent in jail,” she said. “I no longer want to practice law in Russia. I’m ashamed. Ashamed for Russia’s reputation.”

This article originally appeared on Radio Free Europe/Radio Liberty. Follow @RFERL on Twitter.

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