Excellent reporting by the Press Herald’s John Terhune on the authority problems presented by the Lewiston tragedy (News, July 23). I’m an old retired judge advocate who had the pleasure to serve at all levels, from a small air defense fighter base during the Cold War to the Office of the Secretary of Defense, dealing with all services.
The reporting on Lewiston brought back memories of a similar incident, early in my career, where we had an active duty member committed because he posed a threat to an upcoming visit by President Nixon. That wouldn’t have been possible if he wasn’t on active duty and we hadn’t had a major army hospital nearby with a full psychiatric department.
The military’s authorities and leverage were limited 50 years ago by the Supreme Court to active duty, “on base” activities while in the U.S. “Jurisdiction ends at the base gate” and, other than that, the normal tool is a discharge with bad paper or its threat, which would have been totally useless in a case like Lewiston.
On the redactions in the report, the military is also bound by the Privacy Act and other congressional limitations. I expect that information will be easily available to the plaintiffs’ attorneys through judicial discovery; it seems very unlikely there are any “national security issues” involved.
In terms of discipline, I was frankly pleased and even surprised that the Army has done as much as it has. Commanders and non-commissioned officers must be responsible for the health and welfare of their troops. If they aren’t willing to accept that responsibility, they shouldn’t accept their positions.
Congress needs to accept its responsibilities and legislate new authorities for the military, as well as new training and assistance for medical facilities and law enforcement authorities hosting guard and reserve components. Congress needs to modify privacy laws to allow the release of critical information about citizen soldiers’ health and disciplinary issues, when necessary, to ensure their proper individual care in local medical facilities and protection of local communities.
Congress also needs to fund and direct the creation and distribution of guidebooks for the benefit of local police, medical and other involved governmental authorities as to the military’s limits with regard to our off-duty citizen soldiers. They need to include a hotline number to a military source that can provide assistance in an emergency, explaining what the military can and can’t do and directing them to resources to help them in their need. Lastly, Congress needs to ensure funding to help these local agencies, like ensuring funding for military members requiring medical assistance for on-duty-related medical problems, so they can do what falls on their shoulders.
I am encouraged by our U.S. senators taking charge of some of this work. Sen. Angus King has the knowledge, insight and position on the Senate Committee on Armed Services to make it happen. I also hope the eventual legislation might bear the names or at least be a recognition of those who died in this tragedy. I urge you to call both our senators and our representatives to make sure change happens, so that those who died in the Lewiston shooting will not have died in vain.
P. S. For young people: Consider a military career and aim high. The pride in representing your country will last a lifetime; it is irreplaceable.
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