Military Articles and Press Releases Options

[Marine]

HMH-461 aids in Katrina relief
Submitted by: MCAS New River
Story Identification #: 200594154340
Story by Lance Cpl. Brandon M. Gale



NAVAL AIR STATION PENSACOLA, Fla. (Sept. 4, 2005) -- The Marines and Sailors of Marine Heavy Helicopter Squadron-461 (-) Reinforced continue to work in support of Joint Task Force Katrina, the large-scale relief effort to help citizens of the gulf coast left homeless by Hurricane Katrina.

The squadron includes personnel, equipment and helicopters from both HMH-464 and Marine Medium Helicopter Squadron-365. The squadron consists of six CH-53E Super Stallions and two CH-46E Sea Knight helicopters. It deployed from Marine Corps Air Station New River on Sept. 1.

“From our perspective, the mission so far has been quite successful,” said Lt. Col. Robert D. Pridgen, squadron commanding officer. “The Marines and Sailors on the ground really understand the intent of this disaster relief, so they have made some remarkable strides in getting food and water onto the helicopters so we can get it where it needs to go.”

According to Sgt. Maj. Larry C. Jones, HMH-461 (-) rein. sergeant major, the Marines always look forward to doing this kind of humanitarian work.

“They know they are doing it for a worthy cause,” he said. “It’s hard work, but they know it’s important to take care of these people.”

The heavy-lift capabilities of the squadron’s CH-53E’s have been put to use in
bringing thousands of pounds of food and water to the devastated city of New Orleans.

“It’s unreal. You never expect to see stuff like that,” said Cpl. Angelo C. Castelli, HMH-461 crew chief. “To see houses underwater and people driving around downtown New Orleans in boats, I couldn’t believe it.”

Along with bringing in the much-needed supplies, the squadron has played a vital role in the evacuation of the area surrounding the city’s convention center, where thousands of people congregated to escape the floodwaters. HMH-461 (-) rein. was among the first to begin bringing the elderly, sick and young victims of the hurricane to New Orleans International Airport, where medical crews were waiting to provide immediate attention.

“There is a sadness that comes with doing this type of mission,” said Jones. “These people have no home to go back to. Their life is in the bags they are carrying.”

However, Pridgen said he noticed most of the evacuees have a strong determination to survive and the relief in their eyes as they come aboard the helicopters has stuck with him.

“It has touched me,” he said. Everybody understands the urgency of this mission.
Everyone is focused on what we need to do in the weeks, and perhaps, months to come.

Should this operation continue on indefinitely, the Marines of HMH-461 (-) rein. said they will continue to do all they can.

“I have no problem being here,” said Castelli. “If we are here for six months or a year, I’ll know that we are helping other people’s families. It’s no big deal to be away from mine because it’s for a good cause.”

Sergeant Maj. Jones added, “We are here for as long as it takes to take care of these
people. No Marine or sailor will complain about being here. They know that every man,
woman and child is worth the effort.”

http://www.usmc.mil/marinelink/mcn2000.nsf...82?opendocument

[Marine]

SPMAGTF Katrina heads south to provide humanitarian aid
Submitted by: 24th MEU
Story Identification #: 200594115147
Story by Sgt. Tracee L. Jackson



NEW ORLEANS (Sep. 3, 2005) -- Approximately 110 Marines from the 24th Marine Expeditionary Unit Command Element arrived here Sept. 3 to set up a command and control center and support group to aid Joint Task Force Katrina.

These Marines now comprise the Special Purpose Marine Air/Ground Task Force Katrina, which is based at Naval Air Station Belle Chasse, La., 10 miles southeast of New Orleans.

While the city sits in ruins in the aftermath of Hurricane Katrina, the MEU is taking slow, deliberate steps to make way for larger forces on the way with large-scale assistance for thousands of victims of the storm.

The members of the new SPMAGTAF had minimal notice before packing up and shipping out, said Petty Officer 3rd Class Marlena Cox, a corpsman with the command element.

“Right now, the big effort is getting food, water, and the basic necessities of life to individuals. Security plays a role in that because we have to protect the assets that are used to conduct humanitarian assistance. Of course, we also have to protect our Marines and make sure they’re safe as well,” said Maj. Devin C. Young, staff judge advocate of the 24th MEU.

“We started planning this on Thursday, and the command element came in Saturday. We were up and operational in less than 6 hours,” he added.

“What we’re involved in here is military support to civil authority,” he continued, “that gives the president the authority to order federal forces to aid civilian agencies for disaster relief and humanitarian aid.”

Staff Sgt. Miguel Rivera is the platoon sergeant and frequency manager for communications within the command element. He noted that although this is not a traditional war operation commonly associated with the Corps, it’s not an unfamiliar call to duty.

Rivera also noted communications are one of the most critical assets to the command element, and the establishment of solid, reliable contact is a major step at this stage in the game.

As the command element proceeds to build, wire, and boot up a headquarters for humanitarian assistance, the service members hold a strong sense of purpose.

“This is a great effort and I’m glad I got the chance to come out here and help. I didn’t want to stay back and do nothing when there are people in a crisis and they need help,” said Cox.

“We’re coming in here because American citizens need us to come in and help them out. We, as the military, have the assets to do that, the president has decided to use that, so here we are. We’re going to help this region out to overcome this major natural disaster,” added Young.

Given the size and scope of relief efforts here, the Marines are ready for any mission they may be asked to complete.

“There was really no expectation; we just have to keep adapting. That’s what Marines do,” said Rivera.

http://www.usmc.mil/marinelink/mcn2000.nsf...95?opendocument

[Marine]

United States Marine Corps

Press Release
Public Affairs Office
Camp Pendleton Public Affairs Office; ; Camp Pendleton Public Affairs Office,

miramontesbv@pendleton.usmc.mil
Contact:

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

Release # 0906-05-0658

Camp Pendleton Marines Deploy to aid victims of Katrina
Sept. 5, 2005

CAMP PENDLETON, Calif. -- Marines from the 11th Marine Expeditionary Unit began deploying in waves to storm-ravaged Gulf Coast Sunday as part of a special task force formed to aid the victims of deadly Hurricane Katrina.

The first wave of 29 Marines from the MEU's Forward Command Element departed Sunday aboard three C-130 Hercules aircraft from Marine Corps Air Station, Miramar. Their mission was to link up with the Special Purpose Marine Air Ground Task Force-Gulf Port and to aid the main body’s arrival on Tuesday and Wednesday.

The main body will consist of more than 300 Marines from the Command Element and MEU Service Support Group-11.

The Camp Pendleton Marines will join a sizable Marine presence already in place from the 24th Marine Expeditionary Unit, Camp Lejeune, N.C., and the 2nd Marine Aircraft Wing, Cherry Point, N.C.

Col. John W. Bullard, commanding officer 11th MEU, said his Marines are fully trained to help the victims of this deadly hurricane.

The fundamental mission of our recovery efforts is to sustain and save lives, he said.

“This storm has wreaked havoc and brought tragedy to the Gulf Coast region," he said. "We are eager to help our fellow Americans get back on their feet.”

The MEU will work closely with the Federal Emergency Management Agency and other federal agencies on this recovery response.

http://www.usmc.mil/marinelink/mcn2000.nsf...0F?opendocument

[Marine]

United States Marine Corps

Press Release
Public Affairs Office
24th MEU (FWD); ; 24th MEU (FWD),

neversde@24meufwd.usmc.mil
Contact:

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

Release # 0906-05-0655

Marines continue search for Katrina survivors
Sept. 5, 2005

NAVAL AIR STATION NEW ORLEANS -- More than 1,000 Marines hurried to the storm-stricken Gulf Coast over the weekend and moved quickly to communities in and around New Orleans today in search of residents still in need of rescue and life-saving sustenance one week after Hurricane Katrina plunged much of the city under water.

From their initial staging base at the Stennis International Airport in Mississippi, some 50 miles east of the storm’s ground zero, elements of the active-duty 1st Battalion, 8th Marine Regiment, and Marine Forces Reserve's 4th Battalion, 14th Marine Regiment, and 4th Assault Amphibian Battalion, were ferried to three critical areas isolated by the massive flooding.

Using a hub-and-spoke approach, the Marines will push out in multiple directions from Slidell and Picayune, just north of Lake Pontchartrain, and from Michoud in New Orleans’ eastern sector. Their most urgent tasks are to locate survivors hanging on in homes and other buildings not completely awash and to funnel in much-needed food and water.

Near Michoud, where foot mobility is all but impossible, the Marines will navigate the fetid waters in amphibious vehicles called amtracs, designed to transport Marines from ships at sea to shore during amphibious operations

As Marines continued to pour into the region over the weekend, leadership of the Marine task force shifted to Maj. Gen. Douglas O’Dell, commander of the New Orleans-based 4th Marine Division, a reserve unit.

Most of the Marines now on the ground in the region and aboard naval vessels in the Gulf of Mexico are based in North Carolina with the 2nd Marine Expeditionary Force. The task force, numbering some 1,500 Marines and still growing, includes reserve elements from the 4th Marine Division and 4th Marine Aircraft Wing.

Also on Monday, nearly 300 Marines representing the task force’s logistics component began moving ashore near Biloxi with an array of engineering equipment -- including forklifts, trucks, humvees and water-purification devices -- all well-suited to disaster relief and humanitarian assistance. The off-load is expected to be finished by Tuesday morning.

The task force’s air component, composed of elements of the 2nd and 4th Marine air wings, continued to fly from hubs in Pensacola, Fla., and here at the naval air station in Belle Chasse. After rescuing some 500 stranded residents since Thursday, and with the airborne rescue effort all but completed, Marine helicopters prepared to expand their support of Marine ground forces.

Meanwhile, lead elements of the 11th Marine Expeditionary Unit, who arrived in Mississippi Sunday after the unit was ordered to prepare for possible deployment, continued to assess where their forces might be most useful. The unit, based at Camp Pendleton, Calif., remained on call as of late Monday.

http://www.usmc.mil/marinelink/mcn2000.nsf...88?opendocument

[Marine]

Admin clerk takes walk on the wild side
Submitted by: II Marine Expeditionary Force (FWD)
Story by: Computed Name: Lance Cpl. Joshua C. Cox

Story Identification #: 20059311834




CAMP FALLUJAH, Iraq(Sept. 3, 2005) -- Marines are always riflemen first, trained to operate different weapons systems in addition to fulfilling their occupational duties. One administrative clerk deployed here has often found himself manning an M 2 .50 caliber machine gun, a duty very different from filling out paperwork or troubleshooting a minor computer problem.

Lance Cpl. Josue Pierre typically works with 2nd Tank Battalion’s combat operations center handling administrative affairs. Occasionally he provides security by taking charge of a mounted weapon on a tactical vehicle when the unit leaves the camp for a mission.

“I am a part of the ‘Rat Pack’,” said the 20-year-old.

Pierre, assigned to the administrative section of Bravo Company, 2nd Tank Battalion, 2nd Marine Division, said the Rat Pack is a group of Marines in the battalion who work together to provide security for the unit during operations.

The Chicago native said he initially tried out college before joining the military.

“I kept my head in the books,” he said. “My parents initially helped me pay for college, but I knew I couldn’t depend on that. They offered to send me to college, but I wanted to be able to say to myself, I made it on my own.”

Pierre said he had a general interest in the military throughout high school while participating in the Army Junior Reserve Officer Training Corps program.

“In high school, I was part of the JROTC, so I’ve always had an interest in the military,” he said.

Pierre shifted his interest from full-time college, to a career in the Marine Corps after analyzing the opportunities the military offered.

“I knew that there was more out there for me,” he said. “I filled out one of those referral cards and the recruiter got in touch with me. I took a look at all the different branches. I wanted to be a part of the best of the best, and that was the Marine Corps. The fact they offered to pay for college sealed the deal.”

Pierre took on the challenge of Marine Corps recruit training, and developed an illness while becoming a Marine. Despite the set back, he was able to recover and press on to earn the Eagle, Globe and Anchor.

“For me, going through boot camp was a challenge, physically,” he said. “I caught pneumonia and was in the hospital two months. I barely made it, but I didn’t want to fail.”

After completing all necessary combat and military occupational specialty training, Pierre was assigned to 2nd Tank Bn., and deployed with the unit to Iraq in February.

On most days, Pierre can be found working in the combat operations center, but when the battalion goes on missions outside the wire, he puts himself in the turret.

Pierre said he has gained a lot of experience since deploying, and attributes his success to the leadership in the unit.

“The biggest influences I’ve had since being in Iraq would be my platoon sergeant and my company first sergeant,” he said. “They have always been there to guide me and share their knowledge with me. It’s a good feeling to know that someone can depend on you, and they know you can come through for them.”

Pierre said serving on deployment has been a unique experience, and feels honored to have assisted with security and stability efforts in Iraq.

“When you come out here, you don’t know what to expect,” he said. Being able to help (the Iraqis) build their community has been a rewarding feeling.”

EDITOR’S NOTE
Please feel free to publish this story or any of the accompanying photos. If used, please give proper credit to the writer/photographer, and contact us at: cepaowo@cemnf-wiraq.usmc.mil so we can update our records.


http://www.marines.mil/marinelink/mcn2000....9e?OpenDocument

[ghostgovt]

http://www.rednova.com/news/technology/321...rnet_bomb_case/

Marines Arrested in Internet Bomb Case

source: Associated Press

TUNKHANNOCK, Pa. - Two Marines from Camp Lejeune in North Carolina and a third person downloaded bomb-making information from the Internet and threatened to use the explosives at the base, state police said.

Richard D. Morrison Jr., 21, of Tunkhannock, and Richard Thomas Medders, 22, of Trussville, Ala., were arrested Saturday along with Janna Rebecca Lynn Smith, 27, of Richlands, N.C., police said. They remained in custody Monday in lieu of $100,000 bail each.

They were charged with conspiracy to risk a catastrophe, a felony, plus misdemeanor charges of making bomb threats and terroristic threats.

Prosecutor George Skumanick said they were turned in by a sister of Morrison.

"Morrison's sister and a friend heard them talk about this and observed them on the Internet," said Skumanick told the News & Observer of Raleigh, N.C. The newspaper did not identify the sister.

Morrison and Medders allegedly left Camp Lejeune about two weeks ago, state police said.

It was not clear if they were authorized to be off base. Marine Corps officials did not return calls seeking comment Monday.

Tunkhannock is about 135 miles northwest of Philadelphia.

[Marine]

Sergeant Major of the Marine Corps visits the 15th MEU


CAMP PENDLETON, Calif. (Aug 10, 2005) -- Sergeant Major of the Marine Corps, Sergeant Major John L. Estrada greets Marines of the 15th Marine Expeditionary Unit during a visit to Camp Pendleton today. He informed the Marines not only of their importance with in the Marine Corps, and afforded them the opportunity to offer suggestions they felt would benefit the the Marine Corps. (Official USMC photo by PFC. Andreas Plaza)
CAMP PENDLETON, Calif. (Aug. 10, 2005) -- During a recent visit to the base here, Sergeant Maj. John. L. Estrada, Sergeant Major of the Marine Corps took time out of his busy schedule to address the Marines and Sailors of the 15th Marine Expeditionary Unit.



His message was clear: the 15th MEU did a magnificent job in both Operations Unified Assistance and Iraqi Freedom III, during West Pac 2-04. Sgt. Maj. Estrada commended the Marines and Sailors on their participation in providing humanitarian assistance in Indonesia and Sri Lanka and he commended their combat actions in Baghdad.



After addressing the Marines at the Command Element, Sgt. Maj. Estrada addressed the staff noncommisssioned officers of the 11th and 15th MEU's at the 21 Area mess hall. There, he spoke about excellent leadership being provided to young Marines by staff NCOs and the difference it's making throughout the Marine Corps. The sergeant major also entertained a number of questions during his time with the Marines.



Sgt. Maj. Estrada is the 15th Sergeant Major of the Marine Corps and assumed his post on June 26, 2003.




Sgt. Maj. David Bullock, left, 15th Marine Expeditionary Unit’s Sergeant Major, delivers the unit colors to the outgoing commanding officer, Col. Thomas Greenwood, center, during the 15th MEU change of command ceremony Aug. 4 at the 21 Area parade deck. During the ceremony, Greenwood was awarded a Bronze Star for actions in Baghdad, Iraq. He relinquished command to Col. Brian Beaudreault. (Official USMC photo by Lance Cpl. Thomas J. Grove)
Change of Command sets stage for future deployment

CAMP PENDLETON, Calif. (Aug. 4, 2005) -- With sunlight piercing through the southern California marine layer, the 15th Marine Expeditionary Unit said goodbye to one MEU commander and welcomed another.

Col. Thomas Greenwood, who took command on July 31, 2003, relinquished command to Col. Brian Beaudreault on the 21 Area parade deck marking a new era in the MEU's already illustrious history. Col. Greenwood commanded the MEU during a very challenging and successful Western Pacific deployment to the Arabian Gulf regions.

This is Col. Beaudreault's second tour with the 15th MEU. In 1994, he served as a logistics officer and rifle company commander with the MEU's battalion landing team.

Under Col. Greenwood's command, the 15th MEU enjoyed one of the most active deployments in recent history. They were en route to Guam for scheduled training when a massive earthquake and tsunami in the Indian Ocean destroyed the coastlines in Indonesia, Sri Lanka and other countries in the region. The MEU was immediately launched to conduct disaster relief and humanitarian assistance to some of the hardest-hit areas. Thousands of pounds of food, water, clothing, building materials and medical supplies were transported by helicopter and landing craft to the Aceh province of Indonesia and Galle, Sri Lanka during the operation.

After completing HA/DR operations, the 15th MEU traveled to Kuwait for sustainment training. Shortly thereafter, they were ordered to Iraq to conduct Security and Stabilization Operations in a rural section of southern Baghdad. The MEU rapidly filled the vast farmland with three companies of Marines while simultaneously performing direct action raids on high-value targets.

The 15th MEU is currently conducting post-deployment maintenance and annual training before their next workup cycle.


http://www.usmc.mil/15thmeu/

This post has been edited by Marine: Sep 7 2005, 05:38 PM

[Marine]

Combat Engineers find, destroy enemy weapons
Submitted by: 2nd Marine Division
Story by: Computed Name: Cpl. Tom Sloan

Story Identification #: 20059621820




AR RAMADI, Iraq(Sept. 5, 2005) -- Marines with 4th Platoon, A Company, 1st Combat Engineer Battalion, supporting 1st Bn., 5th Marine Regiment, uncovered several large weapons caches buried in fields on the southern outskirts of the Al Anbar capital here during an anti-insurgent operation Aug. 15.

According to the Marines’ tally, they discovered a mortar tube, more than 200 artillery shells in sizes ranging from 60 mm to 155 mm, four .50 caliber machine gun barrels plus more than 2000 rounds of ammunition and approximately 1000 7.62 mm rounds, 600 of which were armor piercing.

“We saved Marines’ lives today because we found enemy rounds and explosives,” said platoon commander 1st Lt. Douglas R. Orr. “The explosives would likely have been used by insurgents to make IEDs (improvised explosive devices), so this was a good find today.”

The Marines made the significant discovery while supporting 1st Battalion, 5th Marines in Operation Bullard II, which was carried out in and around a small community on the edge of Ramadi.

The infantry battalion conducted the operation in an effort “to rid the city of insurgents and weapons,” explained 23-year-old Orr from Ridgefield, Conn. “The mission was a chance for the battalion to get into an area that’s known to have a lot of insurgent activity.”

The undertaking kicked off at 4 a.m. and involved multiple elements of the infantry battalion. Infantrymen with 1st Battalion, 5th Marines searched scores of houses, vehicles and personnel.
Orr’s platoon was tasked with sweeping several acres of nearby farmland for enemy weapons.
Armed with shovels, metal detectors and a keen knowledge of their job, the Marines worked in teams of two and combed the search area. After two hours of trudging through the loose soil, the Marines started uncovering caches.

Lance Cpl. Brandon C. Jordan, a combat engineer, is credited with discovering the largest amount of munitions. The 20-year-old from Hubert, N.C., found four .50 caliber machine gun barrels and more than 2000 rounds of ammunition buried in a field.

“Well,” Jordan said after making the large find, “I can say I found the most rounds.”
Jordan said he knew he’d stumbled upon something big when he passed over the cache spot. The shape patterns from his metal detector indicated the size of what was buried, he said.

“We found out just how big a cache it was when we started digging down,” Jordan said.

Lance Cpl. Matthew F. Tripp, Jordan’s partner, dug up the cache with help from other combat engineers.
“We just kept pulling rounds out of the ground,” said the 21-year-old from Fort Myers, Fla. There were so many, and I needed help getting them all. It seemed like there was a never-ending supply buried.”

Similar episodes unfolded for the Marines at other locations in the fields. The Marines discovered and dug up six caches after four hours of hunting. Each cache was buried approximately two feet down.

The finds didn’t surprise the Marines.

“We’ve been out here before and found large amounts of rounds and explosives,” said Orr. “We knew we’d probably find more today, and we did.”

The Marines inventoried the munitions they found and consolidated them all in one mass cache. They rigged the cache with plastic explosives and destroyed it with a controlled detonation.
The spectacular explosion could be seen and heard from miles away. The plume of smoke rose several hundred feet in the air and formed a mushroom cloud. Orr reflected on the morning’s events.

“It’s good that we found and destroyed the caches,” he said, “but we still need to find the source. We need to find and stop the insurgents who’re doing this.”

Marines with Company C did capture 14 insurgents during the undertaking. Three of the men the infantrymen detained while searching houses, according to officials with 1st Battalion, 5th Marines, were high value targets. One was believed to be an intelligence source for the insurgency, officials said.

“The more weapons we find and insurgents we capture,” Orr said, “the less attacks on Marines and the safer the city becomes.”


http://www.marines.mil/marinelink/mcn2000....6f?OpenDocument

[Marine]

MarForRes family services help military families
Submitted by: Marine Forces Reserve
Story by: Computed Name: Cpl. Enrique Saenz
Story Identification #: 200597153639





Joint Reserve Base, Fort Worth -- (Sept. 7, 2005) -- Marine Forces Reserve family readiness assistance programs are banding together to provide assistance to military families affected by Hurrican Katrina.

Representatives from several programs held an information fair at Fort Worth to share information about the helpful programs and services available to displaced military families.

"We're trying to make this difficult process as easy as possible," said MarForRes Marine Corps Family Team Building Program Manager, Connie Bryant. "It's important for families to know what programs can offer what services and the information fair is the most direct. You can tell them what they can get while they're right in front of you."

Different programs offer different services, and knowing who can offer what can ease the challenge of maintaining a healthy and stable family, said Bryant.

For financial advice or loans, the Navy-Marine Corps Relief Society (NMCRS) can help immensly, said Bryant. They offer budget counseling and in the event of a disaster like Hurricane Katrina, NMCRS can offer interest free loans and even grants for unforseen emergencies, essential vehicle repairs, food, rent and utilities.

The American Red Cross can help families with immediate disaster relief, said Bryant. The Red Cross can provide food, water, clothes and shelter to any person needing it because of the hurricane.

These agencies can be contacted by visiting your local family services center, or logging on to the Army National Guard's website at www.arng.army.mil, and searching for family services to find the nearest facility near you.

In addition to military assistance programs,displaced military families can also take advantage of state and local government programs and benefits, as long as they meet certain requirements, which vary depending on location.

For example, the State of Texas grants $255 food vouchers, soon to increase to $275, a month for Louisiana state residents who can provide a Louisiana state identification card.

State and local benefits can also be found at a local family services center.

"It's important for every Marine and Sailor to realize that everyone needs some help sometimes," said Bryant. "Even the toughest, oldest Devil Dog needs support. Remember, our help isn't charity, it's a necessity."

To find out more about what benefits you or your family might be eligible for, contact Military One Source, a hotline that can help out with questions one might have about relief efforts or general information, call toll-free 1-800-433-6868 or log on to www.mccsonesource.com.

http://www.marines.mil/marinelink/mcn2000....fd?OpenDocument

[Marine]

2nd Marine Division finds success with Quick Strike in Western Iraq
Submitted by: 2nd Marine Division
Story by: Computed Name: Staff Sgt. Timothy Edwards

Story Identification #: 20059473513




CAMP BLUE DIAMOND, AR RAMADI, Iraq(Sept. 4, 2005) -- Marines from Regimental Combat Team-2, Iraqi Special Operations Forces and the Iraqi Army concluded Operation Quick Strike, an operation to interdict and disrupt insurgent and foreign terrorist activities in Western Iraq, Aug. 10.

During the operation that began Aug. 3, approximately 800 Marine and Sailors and 180 Iraqi soldiers successfully pushed through the Haditha, Haqliniyah and Barwanah regions disrupting insurgent cells by locating and destroying multiple weapons caches, insurgent safe houses, roadside bombs and a car-bomb factory, as well as detaining a large number of suspected insurgents.

“This is another operation similar to those conducted before that has disrupted the insurgents’ ability to operate freely in the Western Al Anbar region,” said Col. Stephen W. Davis, commanding officer, RCT-2. “The intelligence collected throughout this operation will enable us to better assist the citizens of Western Al Anbar in their quest to participate in the upcoming referendum.”

Early in the operation, coalition forces confirmed that insurgents were using the region as a base of operations and began taking steps to root them out.

The morning of Aug. 5, Iraqi Special Operations Forces directed an air strike on insurgents hiding in buildings outside of Haqliniyah. Marine pilots engaged insurgents who were using these buildings to attack Iraqi forces with small-arms fire.

“This ability of the Iraqi Army forces to utilize air support is an example of the progress being made by the Iraqi military,” said Davis.

While continuing operation in Haqliniyah that same day, Iraqi soldiers and Marines discovered two adjacent buildings with wires running between them while conducting a cordon and search for evidence of insurgent activity. The wires were connected to numerous 155mm artillery rounds scattered throughout both buildings, which were subsequently destroyed.

“Unfortunately, this is an example of how the insurgents and foreign fighters have no regard for collateral damage or the injuries to Iraqi citizens,” said Davis.

M1A1 Abrams Main Battle Tanks also fired on a building in the city that insurgents were using to engage coalition forces with small-arms and RPG fire. Then south of Haqliniyah, an Abrams engaged insurgents armed with AK-47s and RPGs.

These operations to protect the community emboldened local citizens to assist the Marines and ISF in their efforts to provide them with a safe and secure city.

“Unquestionably, our greatest source of intelligence is provided by local citizens who reject the insurgents and look forward to the security and stability that the Iraqi government can provide,” said Davis.

The following day, Marines and Iraqi soldiers located and destroyed three car bombs while conducting another cordon and search operation. A citizen of Haqliniyah informed Marines that three parked vehicles were laden with explosives and ready to be used as car bombs. After securing the area, tanks shot the vehicles with rounds from their main guns, destroying all three and setting off secondary explosions.

As the operation progressed in the city new discoveries were being made in caves just outside of Haqliniyah.

Two weapons caches were found in small caves near the Euphrates River bank. The caves were several hundred meters apart and only large enough to hide a person and a small cache. The first cave contained a RPG launcher, medium machine gun, several assault rifles and bomb-making materials. And the second contained 155mm artillery rounds and a propane tank, commonly used for bomb construction.

Bombs made from similar material were found by Marines in Haditha that same day.
Two roadside bombs were discovered buried alongside the main road south of the city. Explosive Ordnance Disposal teams were sent to each location and conducted controlled detonations of both bombs, a propane tank filled with explosives and two 155mm artillery rounds, preventing any casualties or damages.

“These roadside bombs have taken a significant toll on the insurgent populace. Locals are more eager now than before, to point these out to Coalition forces, and express gratitude when our Marines safely dispose of such devices,” explained Lt. Col. Christopher C. Starling, the regiment’s operations officer.
Two days later in Haqliniyah, Marines and Iraqi soldiers made a number of significant discoveries.

A bomb, made from three 155mm artillery rounds weighing more than 100 pounds apiece, was discovered wired to a desk inside a building within the city. It was determined that the explosives could not be removed safely from the building, so the bomb was destroyed in place.

In Northern Haqliniyah, Marines located a car-bomb factory complete with six vehicles rigged with explosives in varying stages of completion.

Typically, insurgents drive the completed car bombs to populated locations and set them to detonate by remote or at a specific time. Car bombs can also be used by suicide bombers to attack specific landmarks or people.

“The best time to engage SVBIEDs is during the assembly process. Every one we destroy equates to lives saved,” said Starling.

All the rigged vehicles were destroyed and secondary explosions were observed by the Marines.

This was far from the last find for the day.

Marines and Iraqi soldiers also found five roadside bombs in close proximity to one another along a roadway within the city. The explosives were a combination of artillery rounds and improvised bombs. All the ordnance was destroyed in place preventing civilian and coalition casualties and damage to property.

“The integration of Marines and Iraqi Army units has enabled more effective communication with local residents. They now fully understand that our presence will eventually eliminate the source of random violence,” said Starling.

At the close of Quick Strike on Aug. 10, nine car bombs were discovered, three were identified by a local citizen and the remaining six were discovered in an assembly garage; 28 improvised bombs were locate, most planted as roadside bombs but others were rigged to destroy entire buildings; a weapons cache was found in caves along the river and multiple insurgent safe houses had been eliminated.

Thirty-six suspected insurgents had also been detained for further questioning.

“I’m satisfied with the results of the operation as it will unquestionably help create the environment for a successful referendum in October,” said Davis “And there will be more.”

http://www.marines.mil/marinelink/mcn2000....83?OpenDocument

[ghostgovt]

http://www.cnn.com/US/9706/23/marine.attack/

Marines arrested in attack on camping couple

Bergmann June 23, 1997
Web posted at: 2:27 p.m. EDT (1827 GMT)

PORTLAND, Oregon (CNN) -- Two Marine recruiters have been arrested after they allegedly attacked a couple who inadvertently pitched a tent in the midst of a Marine bivouac on Mount Hood.

Sgt. Rudolph Jackson and Sgt. Clinton Bergmann were charged with kidnapping, assault and rape.

Henry Thompson, 33, said he and a 23-year- old woman friend sat around a campfire with the Marines after discovering they were camped in the middle of the official outing.

"They told us we were the safest people on Earth because they had 180 Marines up there," Thompson said.

Thompson said the Marines began drinking heavily, and he and his friend retired to their tent. They were later awakened by a noise. Thompson said he opened the tent door to find Jackson "with a flashlight pointed right in my eyes."

"They put something to the side of my ribs and when I started fighting he said 'shoot him, just shoot him,'" Thompson said.

Thompson said Jackson beat him and taped him to a tree while another man dragged his friend away. Thompson said he heard her screaming "no" a short while later.

Marine spokesmen said the incident is under investigation.

"We don't tolerate certain behavior and if it is substantiated and they're guilty of such, they're going to face maximum prosecution by the law," said Capt. Robert Rice, a spokesman for the Marine recruiting office in Portland.

The Marines -- including 150 recruits -- were taking part in an annual rafting and camping trip at the Clear Lake Campground in the Mount Hood National Forest.
Affiliate KPTV contributed to this report.
rule
Related site:
Note: Pages will open in a new browser window

[Marine]

http://www.cnn.com/US/9706/23/marine.attack/

Marines arrested in attack on camping couple

Bergmann June 23, 1997
Web posted at: 2:27 p.m. EDT (1827 GMT)

PORTLAND, Oregon (CNN) -- Two Marine recruiters have been arrested after they allegedly attacked a couple who inadvertently pitched a tent in the midst of a Marine bivouac on Mount Hood.

Sgt. Rudolph Jackson and Sgt. Clinton Bergmann were charged with kidnapping, assault and rape.

Henry Thompson, 33, said he and a 23-year- old woman friend sat around a campfire with the Marines after discovering they were camped in the middle of the official outing.

"They told us we were the safest people on Earth because they had 180 Marines up there," Thompson said.

Thompson said the Marines began drinking heavily, and he and his friend retired to their tent. They were later awakened by a noise. Thompson said he opened the tent door to find Jackson "with a flashlight pointed right in my eyes."

"They put something to the side of my ribs and when I started fighting he said 'shoot him, just shoot him,'" Thompson said.

Thompson said Jackson beat him and taped him to a tree while another man dragged his friend away. Thompson said he heard her screaming "no" a short while later.

Marine spokesmen said the incident is under investigation.

"We don't tolerate certain behavior and if it is substantiated and they're guilty of such, they're going to face maximum prosecution by the law," said Capt. Robert Rice, a spokesman for the Marine recruiting office in Portland.

The Marines -- including 150 recruits -- were taking part in an annual rafting and camping trip at the Clear Lake Campground in the Mount Hood National Forest.
Affiliate KPTV contributed to this report. 
rule
Related site:
Note: Pages will open in a new browser window

Gosh, 150 recruits got to go on an annual rafting and camping trip? We didn't get to do this when I was a recruit.

What is the status of the charges against these two guys ghost? I know the wheels of justice turn awful slow but this story is from 1997 surely by now if two Marines, on top of that recruiters, took 150 recruits out on a beer bust and rape party had been convicted or not.

It would be nice to know if it was real or baloney. Why don't you post a follow up on the conviction? I'll help you out if you don't know the disposition of this case.

[ghostgovt]

FILED
United States Court of Appeals
Tenth Circuit

MAR 18 2003

PATRICK FISHER
Clerk PUBLISH

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT



PHILLIP G. DAUGHERTY,

Plaintiff - Appellant,

v. No. 02-7015

TOMMY G. THOMPSON, Secretary of Department of Health & Human Services; and
DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Defendants - Appellees.




APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
(D.C. NO. 01-CV-168-P)



Submitted on the Briefs:

Steven M. Angel, Angel & Associates, LLC, Oklahoma City, Oklahoma, for
Plaintiff - Appellant.

Sheldon J. Sperling, United States Attorney, and Jeanette Windsor, Assistant
United States Attorney, Muskogee, Oklahoma, for Defendants - Appellees.



Before KELLY, ANDERSON, and MURPHY, Circuit Judges.



ANDERSON, Circuit Judge.




This case is a "mixed case" under the Civil Service Reform Act, 5 U.S.C.
 7702, involving an appeal to the Merit Systems Protection Board ("MSPB")
from an adverse personnel action, coupled with an allegation that the adverse
personnel action was based upon prohibited discrimination. Plaintiff/appellant,
Phillip G. Daugherty, invoking Title VII, 42 U.S.C.  2000eÄ2000e-17, and the
Rehabilitation Act, 29 U.S.C.  794, appeals the district court's grant of summary
judgment to defendant Tommy G. Thompson, Secretary of the Department of
Health & Human Services, on Daugherty's claim that he was ultimately removed
from employment based on discrimination because of disability and in retaliation
for his challenge of his initial removal. Daugherty also appeals the denial of his
motion for partial summary judgment on his claim that the MSPB's decision
upholding his removal was arbitrary and capricious, contrary to law, and
unsupported by substantial evidence.(1) We affirm.

BACKGROUND
In 1982, while serving in the Marine Corps, Daugherty was convicted of the
following violations of the Uniform Code of Military Justice: (1) Article














(1) After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.

128Äassault; (2) Article 134Ä(a) unlawful entry into quarters and ( breaking and
entering quarters with intent to commit an assault; and (3) Article 134Äindecent
assault with intent to gratify his lust and/or sexual desires and being drunk and
disorderly. At that time, Daugherty was an alcoholic. Daugherty left the Marine
Corps in 1983. In 1987, Daugherty received treatment for his alcoholism and has
apparently remained sober ever since.
Daugherty was initially employed by the federal government as a security
guard from 1983 to 1984. As part of that initial federal employment, the Office
of Personnel Management conducted a background check of Daugherty. That
background investigation revealed the military offenses described above. In
1984, Daugherty left the employment of the federal government and began
working as a nurse.
On November 28, 1990, Congress passed the Indian Child Protection and
Family Violence Prevention Act, 25 U.S.C.  3201-11.(1) Under the Act:
The Secretary [of the Interior] and the Secretary of Health and
Human Services shallÄ

(1) compile a list of all authorized positions within their
respective departments the duties and responsibilities of which
involve regular contact with, or control over, Indian children,
(2) conduct an investigation of the character of each individual
who is employed, or is being considered for employment, by the














(1) The Act was amended on December 27, 2000. We refer to the 1994
version of the Act, which was in effect during the time relevant to this case.

respective Secretary in a position listed pursuant to paragraph (1),
and
(3) prescribe by regulations minimum standards of character
that each of such individuals must meet to be appointed to such
positions.

25 U.S.C.  3207(a). The Act further provides that:
The minimum standards of character that are to be prescribed under
this section shall ensure that none of the individuals appointed to
positions described in subsection (a) of this section have been found
guilty of, or entered a plea of nolo contendere or guilty to, any
offense under Federal, State or tribal law involving crimes of
violence; sexual assault, molestation, exploitation, contact or
prostitution; or crimes against persons.

25 U.S.C.  3207(. At the time relevant to this case, HHS had proposed
regulations implementing the Act, but they were not finalized and in effect. HHS
created a non-exclusive list of positions subject to the Act and published it in
October 1994, and updated it in March 1997. Among the positions listed as
having regular contact with children was that of nurse.
In 1996, Daugherty began working for the Oklahoma City Area Indian
Health Service ("IHS") as a clinical nurse, designated a GS-0610-09, at the W.W.
Hastings Indian Hospital in Tahlequah, Oklahoma. The IHS is an agency under
HHS. As part of his application for employment, Daugherty was required to
complete a form containing the following two questions:
1) Have you ever been arrested for or charged with a crime
involving a child?


2) Have you ever been found guilty of, or entered a plea of nolo
contendere (no contest) or guilty to, any offense under Federal,
State, or tribal law involving crimes of violence, sexual
assault, molestation, contact or prostitution, or crimes against
persons?

Daugherty responded "No" to each question. Appellant's App. Vol. II at 449.
Daugherty received good evaluations of his work at the hospital. In September,
1998, however, a female patient accused Daugherty of improperly fondling her.
The Office of the Inspector General ("OIG") investigated the complaint, and
presented the complaint to the Cherokee County District Attorney, who declined
to prosecute the case.
Sometime in early 1999, Woodrow Kinney, the Director of the Division of
Personnel Management and Training, discovered Daugherty's military record,
including his convictions, "among a lot of investigations that had not been
processed in our office." Id. at 632. He also discovered that Daugherty had not
revealed the existence of those convictions on his application for employment.
Accordingly, on February 19, 1999, Kinney sent a memorandum to Daugherty
notifying him that the HHS proposed to remove him from federal service because
of:
1. Loss of qualifications requirements and ineligibility to perform
the duties of the position for which you were hired due to violation
of [the Act]

2. Falsification of Application for Federal Employment.


Id. at 440. Daugherty was given ten days in which to respond. After receiving
and considering Daugherty's oral responses, on March 26, 1999, Luke McIntosh,
the Associate Director of the Office of Administration and Management, informed
Daugherty in a memorandum that he would sustain the proposed removal "to
promote the efficiency of the service effective close of business March 29, 1999."
Id. at 435. Kinney and McIntosh considered moving Daugherty to another
position in the Tahlequah service unit that did not involve regular contact with
children, but determined that no such position was available.
On April 27, 1999, Daugherty filed an appeal of his removal with the
MSPB. He alleged that, during the course of his employment, he had only had
contact with children four or five times, that his prior offenses, while serious,
were the result of a disability (alcoholism), that he had led a productive and
functional life since 1987, and that he had performed well in his job. Thus, he
argued, he was wrongfully discharged because of his disability.
An administrative hearing was held on June 28, 1999, and, on August 26,
1999, the administrative law judge ("ALJ") issued a decision reversing the
removal decision, concluding that HHS had removed Daugherty based upon its
erroneous interpretation of the Act.(2) The ALJ directed that Daugherty be
(2) In particular, the ALJ concluded that HHS had relied upon proposed, as
opposed to final, agency rules and internal guidelines in determining thatDaugherty
must be removed, and therefore its decision had "limited persuasive
effect." Initial Decision at 16, Appellant's App. Vol. I at 197. Then, the judge
noted that "the Act is silent as to whether an adjudicating official has the
discretion to consider other factors when determining whether an employee
should be removed, pursuant to the Act." Id. The judge further found the
legislative history did not resolve the question. The ALJ then turned to certain
regulations promulgated by the Department of the Interior, Bureau of Indian
Affairs, which were in effect at the time of Daugherty's removal and which, while
admittedly not controlling, were promulgated pursuant to the Act. Those
regulations directed the adjudicating official to:

consider prior conduct in light of: (1) [t]he nature and seriousness of
the conduct in question; (2) [t]he recency and circumstances
surrounding [that] conduct . . .; (3) [t]he age of the individual at the
time of the incident; (4) [s]ocietal conditions that may have
contributed to the nature of the conduct; (5) [t]he probability that the
individual will continue the type of behavior in question; and (6)
[t]he individual's commitment to rehabilitation and a change in the
behavior in question.

25 C.F.R. 63.17(f)(1998). Considering those factors, the ALJ determined that
Daugherty's prior convictions did "not render him ineligible for employment in
the position of Clinical Nurse." Initial Decision at 18, Appellant's App. Vol. I at
199.

The ALJ also concluded that HHS failed to establish that Daugherty had
falsified his employment application. The ALJ found Daugherty credible when he
testified that he believed he answered the questions on his employment
application truthfully because he did not equate military courts with "Federal,
State or tribal law" and he did not understand the definitions of "crimes of
violence" or "crimes against persons."

reinstated, which he was in August 1999. The ALJ further found that Daugherty
had failed to establish that HHS's action was discriminatory because of
Daugherty's claimed disability.
HHS appealed that decision to the full MSPB, which consolidated
Daugherty's appeal with three others involving similar facts and issues under the
Act.(3) The full MSPB affirmed the ALJ's findings and decision with respect to the
claimed discrimination, but reversed the ALJ's decision on the proper
interpretation of the Act, finding that the ALJ erred in relying on regulations
promulgated by the Bureau of Indian Affairs ("BIA") and in finding that the
adjudicating agency official had discretion to consider mitigating factors in
determining whether  3207 had been violated.(4)
Daugherty then appealed his discrimination claim to the Equal Employment
Opportunity Commission, which concurred in the decision of the full MSPB. The
EEOC found that "the agency's articulated reason for [Daugherty's] removal was
based on a statutory requirement which made [Daugherty] ineligible for the
position . . . [which was] a legitimate non-discriminatory reason for its action."
Daugherty v. Satcher, No. 03A10005, 2001 WL 236919 at *4 (E.E.O.C. 2001).
Two of the consolidated appeals which the MSPB considered along with
Daugherty's appeal were affirmed by the United States Court of Appeals for the
Federal Circuit. Delong v. Dep't of Health & Human Servs., 264 F.3d 1334 (Fed.












(3) See Johnson v. Dep't of Health & Human Servs., 86 M.S.P.R. 501 (2000).
(4) HHS apparently did not challenge the propriety of the ALJ's refusal to
sustain the charge that Daugherty had falsified his employment application, so the
full MSPB did not address the issue.

Cir. 2001); Johnson v. Dep't of Health & Human Servs., No. 00-3435, 2001 WL
706935 (Fed. Cir. June 22, 2001) (unpublished).
Meanwhile, after Daugherty had been reinstated pursuant to the ALJ's
decision, and while HHS's appeal of that decision was pending before the full
MSPB, on June 5, 2000, a female patient at the hospital complained of sexual
misconduct by a male nurse. At the time of the incident, two male nurses were
assigned to the complaining patient. The patient did not know the name of the
nurse who assaulted her but stated it "was the one in the blue scrubs." Decl. of
Loa Girty at  16, Appellant's App. at 164. Apparently, Daugherty was the only
nurse assigned to the patient who wore blue scrubs at the time of the incident.
When presented with a picture of Daugherty, the patient identified him as the
person who assaulted her. This complaint was referred to the OIG for
investigation, the OIG requested that the FBI handle the investigation, and the
FBI referred to case to the Tahlequah Police Department. On July 27, 2000, the
Cherokee County District Attorney filed an information charging Daugherty with
sexual battery of the female patient. Daugherty alleges that defendant referred
this complaint to law enforcement authorities in retaliation for his appeal to the
MSPB.
Daugherty filed this action in the district court, seeking judicial review of
the MSPB's decision and also alleging that he was the victim of unlawful

employment discrimination because of his history of alcoholism and that
defendant retaliated against him for having filed an employment discrimination
claim. By minute order, the district court denied Daugherty's motion for partial
summary judgment on the administrative record. The court granted defendant's
motion for summary judgment on the discrimination claim, finding that Daugherty
"cannot establish a prima facie case of handicap discrimination because he cannot
demonstrate that he was a qualified handicapped individual . . . [because] [t]he
record demonstrates [Daugherty] was not discriminated against due to his
alcoholism and there were no vacant positions for which [he] was qualified to
which he could be reassigned." Order at 4-5, Appellant's App. Vol. I at 14-15.
Further, the court held that Daugherty had failed to establish a prima facie case of
retaliation.
Daugherty appeals, arguing (1) the Act is unconstitutional; (2) "the MSPB's
decision to apply a `per se' rule [is] contrary to the statutory provisions of [5]
U.S.C.  7701"; (3) "the agency [HHS] discriminate[d] against [Daugherty] based
upon a record of a disability by discharging [him] for having a prior conviction
which was alcohol related"; and (4) the district court erred in granting summary
judgment to HHS on Daugherty's discrimination and retaliation claims.
Appellant's Br. at 2. We affirm.


DISCUSSION
We review the district court's grant of summary judgment de novo,
applying the same standard as did the district court. Wells v. Shalala, 228 F.3d
1137, 1140 (10th Cir. 2000). Accordingly, in this mixed case we review the
challenged administrative determination by the MSPB under the same deferential
Administrative Procedures Act, 5 U.S.C. 7703©, standard as did the district
court. See Williams v. Rice, 983 F.2d 177, 180 (10th Cir. 1993). We therefore
must uphold the MSPB decisions unless we determine that it is: "(1) arbitrary,
capricious, an abuse of discretion, or otherwise not in accordance with law;
(2) obtained without procedures required by law, rule, or regulation having been
followed; or (3) unsupported by substantial evidence." Id. (quoting 5 U.S.C.
 7703©). With respect to the discrimination claim, we determine whether the
district court properly granted summary judgment to HHS. Summary judgment is
appropriate if "there is no genuine issue as to any material fact and . . . the
moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56©.
Daugherty argues the MSPB's interpretation of the Act-that it contains a
"per se" rule disqualifying any employee in a covered position who has any prior
conviction for a "crime of violence"-renders the statute unconstitutional as
overly broad, a bill of attainder and an ex post facto law. We disagree.

Daugherty first asserts that he has a property interest in his continued
employment with the government, and that the MSPB's "per se" rule violates
"fundamental due process" and is "arbitrary and capricious." Appellant's Br. at
16. More specifically, he argues that a statute creating an irrebuttable
presumption that his prior criminal history makes him unfit for service in a
covered position violates "fundamental due process." As the Federal Circuit
recently noted in one of the cases consolidated before the MSPB with Daugherty's
case, "statutes creating conclusive presumptions are judged under the same due
process standards as other statutes." Delong, 264 F.3d at 1341 (citing Weinberger
v. Salfi, 422 U.S. 749 (1975)). "Where the statute at issue does not abridge a
fundamental right or discriminate against a suspect class, it is upheld if it `bear[s]
. . . [a] rational relation to a legitimate legislative goal' and is free of invidious
discrimination." Id. Daugherty cites no case supporting his implicit assertion
that he has a fundamental right to continued employment. Thus, the rational basis
test applies. See id. at 1342.
Daugherty argues the statute as interpreted by MSPB is overly broad, a bill
of attainder punishing him "without authorizing individualized administrative
adjudication of suitability," and an ex post facto law "retroactively disqualifying"
him from employment. Appellant's Br. at 17-18. Daugherty does not seriously
dispute that the Act is designed to further the government's legitimate interest in

protecting Indian children from abuse and violence. We agree with the Delong
court's analysis:
In creating the minimum standards of character set forth in  3207,
Congress created a bright line rule that anyone who has been
convicted of an enumerated crime may not serve in a covered
position. Like all bright line rules,  3207 is both over-inclusive and
under-inclusive, but the imprecision of the statute does not make it
unconstitutional.

Delong, 264 F.3d at 1343. We therefore reject Daugherty's argument that the Act
as construed by the MSPB and the district court is unconstitutional.(5)
Daugherty next argues that the MSPB's decision violated 5 U.S.C.
 7701©(A) because it was not supported by substantial evidence. We disagree.
There is no dispute that the position of nurse was a covered position under the
Act. There is no serious dispute that Daugherty was convicted of assault and assault
with a sexual motive.(6) Rather, Daugherty's complaint is essentially the
same argument he made regarding the constitutionality of the Act: "both the
statute and the agency's own implementing instructions require a case by case
determination of whether the employee actually has regular contact with
children." Appellant's Br. at 22. His objection is therefore to the IHS's decision
that all clinical nurse positions at the Hastings Indian Hospital were covered
positions under the Act.
As we discussed above, the Act contemplates bright line rules. It does not
specify how an agency must determine what positions are covered positions, and
does not require individualized case-by-case determinations.(7) We conclude that
the MSPB's decision that Daugherty was lawfully removed under the Act was
supported by substantial evidence.






(5) We perceive no prohibited retroactive effect in the Act's operation.
Congress clearly intended the Act to apply to current employees and to have
agencies examine employees' current qualification to perform their jobs in light
of the record of their past conduct. There is nothing unconstitutional in that
intent. Moreover, the fact that the Act does not provide for individualized
determinations of whether a particular individual's job or past conduct is covered
or not by the Act is not necessarily unconstitutional:

Congress could rationally have concluded that the minimum
standards of character in 3207 would reduce the incidence of abuse
of Indian children at the hands of federal employees. Moreover,
given the difficulty of identifying employees who pose a threat to
Indian children, the choice of a blanket rule is justified in this case.

Delong, 264 F.3d at 1343.
(6) Daugherty suggests that there was insufficient evidence before the MSPB
that Daugherty had in fact been convicted by the military courts: "[Daugherty]
would note that the report of crimes consisted merely of handwritten notes."
Appellant's Br. at 21 n.2. As defendant points out, Daugherty admitted that he
had testified that he had been convicted of assault. Pl.'s Resp. in Opp'n to Def.'s
Mot. for Summ. J. at 4 6, Appellant's App. Vol. I at 130.
(7) Although Daugherty cites various internal memoranda and instructions
from the HHS to its officials which discuss case-by-case assessments of positions,
those memoranda do not contemplate case-by-case assessments of whether one
particular individual in a position is subject to the Act, where other particular
individuals in the same position in the same facility and work environment are
clearly subject to the Act. Moreover, those internal memoranda cannot alter the
wording of the Act itself.

Daugherty's remaining two arguments boil down to the assertion that the
district court erred in granting summary judgment to HHS on Daugherty's
discrimination and retaliation claims. We affirm the grant of summary judgment,
and we agree with the district court's conclusion that Daugherty failed to
establish a prima facie case of handicap discrimination because he failed to show
that he was a qualified handicapped individual. Daugherty was not qualified for
the position of nurse because the Act rendered him unfit. Further, the record
shows that there were no vacant positions for which he was qualified to which he
could have been assigned. We also agree with the district court that Daugherty
failed to establish a prima facie case of retaliation, for substantially the reasons
stated in the district court's opinion.
For the foregoing reasons, the judgments of the district court are
AFFIRMED.

http://caselaw.lp.findlaw.com/cgi-bin/getc...=case&no=027015

[Marine]

22nd MEU revs up, makes ready
Submitted by: II Marine Expeditionary Force
Story Identification #: 2005810111337
Story by Sgt. Tracee L. Jackson



MARINE CORPS BASE CAMP LEJEUNE, N.C.-- (Aug 2, 2005) -- It’s no secret to the Marines in the 22nd Marine Expeditionary Unit that infantry squads are reliant upon their point man to make sure the road ahead of a patrol is from potential threats. The new point man for a patrol through Combat Town training area here Aug. 2 weighed in at 37 tons and provided unparalleled security. The Marines were practicing a technique called “tank integration,” which utilizes the M1A1 Abrams Main Battle Tank in an urban patrol to beef up security for both the man and the machine.

The newly-assembled MEU consists of Marines formerly from 1st Battalion, 2nd Marine Regiment and the 2nd Tank Battalion, who are in the midst of working up and working together to prepare for deployment in the upcoming months.

Cpl. Ricky L. Cauthen, a 25 year-old squad leader with 1st platoon, 1st squad, explained the tank and the rifleman each have limitations, so working together to get the job done is an asset when it’s feasible.

“We have more security and firepower with the tank,” he said, “We may be a bigger target,” he said, noting it’s hard to miss a tank rolling through the streets with a squad in tow, “but nothing’s really going to hurt the tank. If they shoot at us, we’ll shoot back at them.”

Cpl. Derrick Farris sits in the gunner’s seat on the M-1 A1, and testified that the tank can have limited vision on its immediate flanks and upper vicinity when all four members of the crew are sealed tight inside.

“We give the tank security and eyes on the lower ground where they can’t see from up high. We also watch the rooftops,” said Cauthen.

With extra armor and firepower for the legs on the ground and extra eyes in the sky for the tank, this newfound alliance proved valuable to Pfc. Frank A. Schmidt, a Squad Automatic Weapons gunner.

“This is the first time we have done this kind of patrol,” he said, “we gained a lot of firepower in an urban environment. When we have to clear a building, the tank can blow a bigger hole so we don’t have to enter through a small door or window.”

“We also have much more protection behind the tank,” added Schmidt.

Riding the coattail of a tank gives the squad an instant extra 18 inches of armor between them and a frontal attack, but the benefits don’t stop there. The M-1 A1 brings multiple machine guns, including the .50 caliber, to the fight along with the 120mm Sabot tank round.

This monstrosity of a tank takes 10 hours of manpower maintenance for every hour of operation, and consumes 13 of its 500-plus gallons of gas upon ignition. It may seem like a high price to pay, but not when lives are on the line.

“It’s a lot of bang for your buck,” said LCpl. Robert E. Koehler of Anchorage, Alaska.

The presence of either riflemen or tanks individually can be intimidating to anyone on the wrong end of the muzzle. However, tanks and infantry together make an attack virtually unstoppable, said Koehler.

“You can basically use a tank to take the place of a couple fire teams of Marines. It’s a lot more menacing-looking, and just the appearance of the tank would make me think, ‘Uh, I’m not going to shoot at these guys’.”


http://www.usmc.mil/marinelink/mcn2000.nsf...12?OpenDocument

[Marine]

Reunion to honor Harrier Marines past, present
Submitted by: MCAS Cherry Point
Story Identification #: 2005420145937
Story by Lance Cpl. Cullen J. Tiernan



MARINE CORPS AIR STATION CHERRY POINT, N.C. (April 20, 2005) -- The Marine Corps’ Harrier community is planning to hold a reunion June 17 through 19 at the Havelock Convention Center here.

The event, which takes place every four to five years, will include a Friday-night social hour, a fun run, a tour of some of the Station’s hangars and a formal dinner. On Sunday, there will be a memorial brunch and the veterans will once again part ways.

“Cherry Point is the spiritual home of the Harrier community,” said John Capito, former commanding officer of Marine Attack Training Squadron 203, and the president of the Harrier Reunion Association. “Almost all the Harrier pilots in the Marine Corps have, at some time, been stationed here. We would like to encourage both retired and all active duty Marines to come and participate in the reunion and discuss the present situation overseas and the role they and the Harriers have had in combat.”

The reunion is the fourth of its kind. The veterans are a mix of pilots, maintenance chiefs and technicians who have maintained a sense of camaraderie through the years.

“The Harrier community is a small and tight-knit group of Marines,” said Capito. “At the beginning, especially the 1970s, the Harrier was revolutionary. Its flight capabilities are really unique, but it has been under fire since the day it started flying.”

The Harrier was so controversial that the military flew it to the Nations’ Capitol and landed it safely on the mall- to prove to congress that the plane was worth the investment and would be a valuable asset for U.S. forces.

The primary mission of the AV-8B in the Marine Corps is to provide responsive close air support for ground forces. During Operation Desert Storm and Operation Iraqi Freedom, the Harrier saw extensive usage by the Marine Corps. Two detachments of 24 Harriers each flew from the amphibious assault ships USS Bataan and USS Bonhomme Richard, as stated on www.answers.com/topic/av-8-harrier-ii.

Harrier pilots and technicians continue their tradition of performing in extraordinary circumstances in Iraq and constantly training over the Cherry Point skies in order to better support the Marine with his boots on the ground.

“Among the guests may be retired test pilot John Farley,” said Capito. “He was one of the first Harrier pilots, and he took a Harrier up alongside the Alps climbing along the mountains. When you’re a young pilot and you watch something like that, it’s exciting, challenging and a lot of fun.”

The event may host up to six to seven general officers, who, alongside their former Marines, will honor all the Marines who have struggled together to keep the Harriers airborne and the Marines who work day and night on the Stations’ flight line to keep the Harrier a vital part of the Marine Corps’ aviation arsenal.

Anyone interested in the Harrier reunion can gather more information at www.harrierreunionassociation.org.

http://www.usmc.mil/marinelink/mcn2000.nsf...d2?OpenDocument

[Marine]

Harrier pilot receives 2,000 flight hour patch
Submitted by: MCAS Yuma
Story Identification #: 200591153758
Story by Lance Cpl. Kamran Sadaghiani



MARINE CORPS AIR STATION YUMA, Ariz. (Aug. 27, 2005) -- Lt. Col. Robert Kuckuk, Marine Attack Squadron 311 commanding officer, was presented a flight patch and certificate by Col. Glenn Hoppe, Marine Aircraft Group 13’s former commanding officer, at the VMA-311 ready room here Aug. 11 for reaching the milestone of flying 2,000 harrier jet flight hours during a close air support mission over Ramadi, Iraq March 5.

The flight patch and certificate is awarded to pilots by Boeing, who manufactures the aircraft, to recognize them for achieving certain flight hours, said Kuckuk, a native of Madison, Wis. There is a patch given for 500, 1,000, 2,000 and 3,000 flight hours.

"A young captain or major should fly two-hundred fifty hours a year,” said Kuckuk. “A five-hundred hour pilot is doing alright. A thousand hour harrier pilot is recognized as someone who has experience and knows what he's talking about.”

Kuckuk said earning 1,000 flight hours may take few years, but 2,000 flight hours takes a much longer to achieve, because as time goes on, pilots have more responsibilities and less time to fly as they pick up rank.

Reaching 2,000 flight hours is an impressive accomplishment, said Maj. Bartt Green, VMA-311 aircraft maintenance officer and AV-8B Harrier pilot.

"It's a no-kidding (acknowledgement) for the amount of time a pilot has spent in the jet,” said Green, a Cincinnati native.

“It shows you're learning your aircraft and teaching new pilots about it,” added Kuckuk.

What makes the patch more significant in Kuckuk’s case is that harriers are flown for short periods of time, making it harder for pilots to accumulate flight hours, said Hoppe, an Ajo, Ariz., native.

"The mission of the Harrier is not long range,” Hoppe said. “It's a quick-strike flight."

“I flew four times one day and didn't break an hour,” he said. "Our normal sortie is about one hour. That means (Kuckuk) got in an aircraft and successfully completed a mission two-thousand times.”

On top of short flights, harriers are costly to operate, so pilots perform more flight simulator training, said Green.

"The maintenance hours on a harrier is pretty tough,” Green explained. “You need more maintenance hours per flight hours on the harrier than you would on (other aircraft), so generally a harrier pilot will have less hours."

"(Less than) 10 percent of Harrier pilots reach two-thousand flight hours," said Kuckuk.

However, Kuckuk stressed that the achievement is accomplished only by a matter of flying.

"If you stick around long enough to have the opportunity to go flying, soon enough you'll get yourself a 2,000 hour patch too," said Kuckuk.

Ever since he began flying 15 years ago, Kuckuk has had his head in the clouds flying the AV-8B Harrier, Harrier II, Harrier II Plus and the TA-V8B Harrier trainer.

Kuckuk said he always wanted to become a pilot as much as he wanted to become a Marine. He is currently the only pilot within VMA-311 to have the 2,000 flight hour patch.

http://www.usmc.mil/marinelink/mcn2000.nsf...light=2,harrier

[ghostgovt]

http://lists.village.virginia.edu/sixties/...s_Gulf_War.html

Breaking Ranks with the Gulf War
Michael Marsh

Over 2500 US soldiers filed for Conscientious Objector discharges during the Gulf War the fastest rise in CO applications in US history. The government reacted harshly to these applications. The Army, for a time, refused to accept many applications. The Marine Corps ignored their own CO processing regulations. All branches of the military imprisoned some Conscientious Objectors. In the end, nearly 100 COs were imprisoned. A couple of dozen are still there now.
Who they are...

Unlike the stereotype (white, middle-class, hippie), Gulf War Conscientious Objectors came from all walks of life. Most of the applicants were young enlisted personnel, 20 to 24 years old. A number were officers with ten or more years of military service. Ninety percent of the applicants were men, though there were a number of vocal and resourceful female resisters. African-American resisters comprised the largest ethnic group, but there were many white, Latino and Asian resisters also. Many CO applications were based on secular beliefs. Also represented were applications based on Muslim, Christian, Buddhist and other faiths.

Most of the COs had joined the military out of high school, drafted by the need for a job and financial aid for college. Encouraged by their recruiters, war was not something to worry about; the military was there to provide them with a job, training, travel, adventure and money for college. Many reservists were wrongly told that reservists were not sent to war. This isn't to say that young people enlisting were oblivious to the fact that soldiers carry guns. They knew this. Most, however, had never considered whether they could kill another human or not. Faced with combat training in boot camp, many realized that they had made a mistake by enlisting, but by then it was too late. The military had their signature, their agreement to take orders, for eight years each.

There were two things all resisters had in common. First, they all refused to take part in the slaughter of Iraqi children, women and men. Second, they had all survived a boot camp experience devised to brainwash them to kill or to support killing when ordered to do so.
Conscientious Objector laws in the USA

While enlistment contracts in the USA contain a provision barring conscientious objectors from joining, the military recognizes that some individuals' beliefs change after they sign a contract. As a result, each branch of the military has a regulation which offers discharges or reassignment to "noncombatant duty" to individuals who are morally, ethically or religiously opposed to all war. An individual's beliefs must have changed since their enlistment and their opposition must be to all war.

While the regulations appear straight-forward, there are many loopholes advantageous to the military. First, the interpretation of CO is a narrow one not recognizing objection to particular wars or types of war. Second, the processing of applications rests within an individual's command structure. Some commands refused to accept applications, some have taken a year or longer to process applications, and some have denied CO applications without legal justification. Third, all regulations allow the military to send most COs into combat situations, (just without arms), while their applications are being processed.
The resistance

Beginning with Marine Jeff Patterson's August refusal to board a plane bound for Saudi Arabia (Jeff sat on the tarmac and refused to get up), the military saw resistance within its ranks grow at a rate never seen before. Charges against Jeff were dropped and he was given an other-than-honorable (OTH) discharge, but not before a 20 October press conference where seven more soldiers publicly stated their refusal to fight in the Gulf.

By early December over 1,000 soldiers had filed CO discharge applications. The Marine Corps was hit especially hard by the number of resisters. In the Bronx, NY, first five and later seven members of a single Company of 150 soldiers filed for CO discharges. By the end of December, the Army was experiencing problems of its own. In Germany over 40 US soldiers applied for CO status. Pressed for troops and striking back at the resisters, on 28 December the Army handcuffed and forcibly deployed Specialist David Carson. David and at least seven other Army soldiers, all with pending CO discharge applications, were forcibly deployed from Germany to Saudi Arabia. Due to public pressure, charges were never filed against them.

With the arrival of call-up notices at the homes of 30,000 Individual Ready Reservists in mid-January, a whole new wave of military resisters was born. Dozens of churches declared themselves sanctuary for COs. University Baptist Church in Seattle, University Lutheran Chapel in Berkeley and the Riverside Church in New York City took leading roles in harboring COs. Joining the effort to protect military COs, Amnesty International recognized Sgt George Morse at Ft Riley, Kansas, as a "prisoner of conscience" their first recognition of a prisoner in the USA since 1987. AI now recognizes 28 imprisoned COs as individuals whose human rights the US government has infringed.

At the time of writing in November, we are only a few weeks away from the introduction of some legislation in Congress to protect conscientious objectors. The first piece of legislation would establish a review process for COs who were unjustly treated during the Gulf War. The second would significantly revise the CO regulations to allow for selective objection and establish strict timelines by which the military would have to process CO applications. While this is an uphill battle, many organizations are pushing for it to become law.

We all are deeply indebted to the COs in the military. Often with little hope of avoiding jail, they spoke out against US military intervention and set a positive example for other soldiers to follow. Our task is to fight for their release from prison and to work to ensure that US military forces are never used offensively again.

[Marine]

San Diego Chargers recognize SoCal service members
Submitted by: MCB Camp Pendleton
Story Identification #: 20059817220
Story by Sgt. Monroe Seigle



SAN DIEGO (Sept. 8, 2005) -- U.S. service members from southern California's various military units were recognized for their service during a military appreciation ceremony at a preseason San Diego Chargers football game at Qualcomm Stadium Sept. 1.

Among those in attendance were hundreds of Marines and sailors from Camp Pendleton, Marine Corps Recruit Depot San Diego, and Marine Corps Air Station Miramar.

Prior to kickoff, a handful of Operation Iraqi Freedom veterans were brought on the field and given plaques in honor of their service in the Middle East.

The award recipients were met with a lengthy standing ovation from the thousands of people in Qualcomm's stands.

"I do not think that I deserve all this recognition, but nonetheless, I appreciate it," said Sgt. P.J. O'Malley, an amphibious assault vehicle mechanic with Camp Pendleton's 3rd Assault Amphibian Battalion.

"It was great," said O'Malley. "My Marines and I all loved being able to come to a free football game."

Following the awards ceremony, the entire stadium went hauntingly quiet during a moment of silence for those who made the ultimate sacrifice while supporting Operations Iraqi and Enduring Freedom.

"We all support our troops," said Chargers tight end Duncan Reid. "We are all glad to see them here. They deserve all the recognition in the world."

Nearly 200 Marines, sailors and other service members spread a football field-sized American flag across the field while Navy Petty Officer 3rd Class Sarah Janiak of the Navy Band sang the National Anthem.

Brig. Gen. David G. Reist, commanding general of the Camp Pendleton-based 1st Force Service Support Group, monitored the coin toss. After the toss, football fans were treated to a flyover of Coast Guard HH-60 Jayhawk helicopters.

Throughout the game, the Marines and other service members found themselves swarmed by appreciative football fans in the stands.

The game's halftime show included a performance of the Marine Band from MCAS Miramar.

The OIF veterans, some of whom were wounded in combat, were again introduced over the stadium's loudspeakers and thanked for their service and sacrifice. The Marines' introduction was met by an applauding audience.

"I never realized how much people appreciate what we do out there," said O'Malley. "This let us realize just how much people support us."

As the Marines left the field, fireworks exploded above the stadium.

Before the game's end, the Marines and other service members were once again applauded and thanked for their sacrifices made during OIF.

"I have all the respect and admiration for the troops," said Chargers safety Richard Yancy. "They protect our country and there is a lot to be said about that."

http://www.marines.mil/marinelink/mcn2000....0D?opendocument

[ghostgovt]

May his ghosts be put to rest.

http://www.post-gazette.com/pg/05228/554451.stm

Marine bears up under Iraq's horrors, but cracks at home

Tuesday, August 16, 2005
By Tony Norman

In happier times, Daniel B. Cotnoir of Lawrence, Mass., was named 2005 Marine of the Year. He won that honor by the sweat of his brow in the killing fields of Iraq, picking up the body parts and personal effects of comrades moments after their last breath had been ripped from them by explosions that seemed to come out of nowhere.

The cry of the Marines is "No one left behind," a credo that military morticians like Dan Cotnoir took more literally than most. Following the sound of improvised roadside explosions with gloves and a shovel is heartbreaking work, but it wasn't Dan Cotnoir's place to complain. He was a Jarhead, a leatherneck for whom uncommon valor was a common virtue.

More than once, Dan Cotnoir squared his shoulders when called upon to do his duty. After saluting the dead, he took deep breaths before separating the remains of soldiers from twisted wreckage. He took care to sort through the soot of extinguished fires for every piece of flesh and bone. No one would be left behind in Iraq if Dan Cotnoir could help it.

Marine sergeant Cotnoir and his comrades assured each other over beer and card games stateside that they weren't welcome in Heaven and Hell was afraid they'd take over. The problem was that nobody bothered to tell Heaven or Hell that the USMC was off limits. Death came regularly and with a spiteful impunity that couldn't be imagined before it was experienced first hand.

In boot camp, Dan Cotnoir learned the classic definition of his role in the USMC. He was to be a "leader of men, teller of tall tales, legend in his own mind, U.S. Marine extraordinaire, stream fordable, air dropable, beer fueled, water cooled, author, history maker, lecturer, traveler, freedom fighter, defender of the faith."

The rest of the boast, though equally cartoonish, is considered nothing short of gospel for the USMC: "Wars fought, tigers tamed, revolutions started, bars emptied, alligators castrated. Let me win your hearts and minds or I'll burn your damn hut down."

After boot camp, the world and all of its complicated realities came rushing in. Tight-knit Marine units suffered casualties just like other branches of the military. Still, everyone fell back on their training to deal with the trauma. "Marines never die," those who could draw breath chanted between tears, "They just go to Hell and regroup."

Walking in the fields and craters of the dead, Daniel B. Cotnoir kept stumbling over pieces of his indestructible comrades.

"It's a lot harder to talk about the job now than it was at the time to actually do it," Cotnoir told the Lawrence Eagle-Tribune in July when he received the designation as 2005 Marine of the Year in Washington, D.C., after beating out a field of 180,000 candidates for the honor.

"The stories I've gained from my deployment aren't the kind of stories you share," he said.

Cotnoir wasn't being coy. He carried the things he saw in Iraq the way Coleridge's Ancient Mariner wore the albatross around his neck. In therapy, the Marine struggled with recurring images of shattered comrades and other ghosts from the war.

Ironically, a bit of gallows humor made famous by the Marines sums up Cotnoir's situation well: "If you can keep your head while those around you are losing theirs, you may have misjudged the situation."

According to his lawyer, the 2005 Marine of the Year had been having a difficult time holding it together since returning from Iraq. It doesn't help that he felt harassed by noisy customers at a nearby club. Living next to a nightclub presented unique challenges for the Marine and his family.

Early Saturday morning, something finally snapped for the 33-year-old Marine. Before he knew it, Daniel B. Cotnoir was bringing a little bit of Fallujah and Tikrit to the home-front in Lawrence, Mass.

Standing at his window holding a shotgun at 2:45 a.m., the veteran war hero opened fire on a crowd of 30 or so drunken revelers outside the Punto Finale nightclub.

Fortunately for Cotnoir and the folks who scattered into the night, he was not a decorated sniper. Bullet fragments ricocheted, hitting 15-year-old Lissette Cumba and Kelvin Castro, 20, neither of whom was in a very forgiving mood when told of the Marine's mental state.

Cotnoir said he did it because someone threw a bottle through his window, causing him to fear for his family's safety. That didn't stop the cops from slapping the cuffs on him and hauling him to jail for reckless endangerment.

Yesterday, the 2005 Marine of the Year was arraigned on charges of assault and battery with a dangerous weapon and assault with intent to murder. His bail has been set at $100,000.

Unfortunately, Daniel B. Cotnoir will have time to think about another favorite quote of the USMC: "Never draw fire. It irritates everyone around you." Sitting in jail probably won't do much for the ghosts visiting him in his sleep, either.

[Marine]

Ghost, you picked one of my favorite Columnist, Tony Norman.

Man, I'll tell you what, I like reporters who tell it like it is. It don't matter to him if the president is a republican or a democrat. America needs more newsmen like him.

For you enjoyment here's some of my favorite articles he wrote over the years.

http://www.post-gazette.com/columnists/19980203norman.asp
http://www.post-gazette.com/columnists/19980217btony5.asp
http://www.post-gazette.com/columnists/19980821tony5.asp
http://www.post-gazette.com/columnists/19990119tony1.asp
http://www.post-gazette.com/columnists/19981030tony.asp
http://www.post-gazette.com/columnists/19990330tony.asp
http://www.post-gazette.com/columnists/20000411tony.asp
http://www.post-gazette.com/columnists/20001003tony.asp
http://www.post-gazette.com/columnists/20010119tony.asp
http://www.post-gazette.com/columnists/200...ny107col2p6.asp
http://www.post-gazette.com/columnists/200...2tony1022p5.asp
http://www.post-gazette.com/columnists/200...8tony0318p5.asp
http://www.post-gazette.com/columnists/200...5tony0905p1.asp

Man, so many GOOD stories, so little time to read them again. Do yourself a favor and start reading his column every week. It's give you a better outlook on life.