...The Lord who created you says, "Do not be afraid - I will save you. I have called you by name - you are mine. When you pass through deep waters, I will be with you; your troubles will not overwhelm you. When you pass through fire, you will not be burned; the hard trials that come will not hurt you. For I am the Lord your God, the holy God of Israel, who saves you."
- Isaiah 43: 1 - 3 (GNT)
- Isaiah 43: 1 - 3 (GNT)
I initially submitted this write-up to the Office of the Inspector General of United States Army Reserve (OIG USAR) on 03/01/2012. However, when I followed about 2 weeks later, requesting a status update of my submitted complaint, the OIG USAR claimed they didn't receive my complaint. Consequently, I had to resubmit the complaint, again, on March 13, 2012.
My commander, Col. Pamela Y. Delancy, broke all rules regarding a command-directed mental health evaluation. I submitted all materials to the USAR IG for an investigation and rather than the US Army investigating the issue, I am being forced to resign my commission as an officer in the United States Army Reserves.
Submitted to:
Office of the Inspector General
United States Army Reserve Command
Fort Bragg, NC 28310
Office of the Inspector General
United States Army Reserve Command
Fort Bragg, NC 28310
The following is the body of my write-up accompanying the DA Form 1559 I submitted; other supporting materials are attached at the end of this post.
Synopsis:
My family and I have been subjected (and are still undergoing) undue and unnecessary spiritual, emotional, and financial hardships, wholly as a result of my USAR affiliation and in trying to discharge my military obligations.
My family and I have been subjected (and are still undergoing) undue and unnecessary spiritual, emotional, and financial hardships, wholly as a result of my USAR affiliation and in trying to discharge my military obligations.
Since July 2011, after engaging in a civil, lawful, and successful USAR recruitment effort at a retirement party at my civilian workplace [Barnes-Jewish Hospital/Washington University School of Medicine (BJH/WUSM) in Saint Louis, MO] and in an attempt to help our countless troops suffering from TBI and PTSD, I was subjected to the following at the hands of BJH Security Personnel:
- Viciously attacked twice,
- My personal properties confiscated
- Forced to endure 3 psychiatric evaluations at 3 different hospitals within a period of 24 hours in dehumanizing conditions Jailed for 2 days
- Reported as a terrorist to the FBI, and
- Maliciously prosecuted for 6 months.
Throughout this ongoing ordeal, and despite keeping my Military Unit (Unit) and Commander abreast of all developments, I was never provided with any military leadership, counseling, guidance, or legal advice. However, after surmounting difficult hurdles and displaying the warrior ethos and professionalism expected of USAR officers, I was subjected to:
- 1. Improper referral for mental health evaluation.
- 2. Improper election to pursue involuntary discharge proceedings to have me discharged from the USAR.
- 3. Violations of the Army’s professional ethic.
I was subjected to the preceding abuse, which could have severe negative consequences on my military and medical careers, due to the actions of my Unit Commander: Col. Pamela Y. Delancy. Consequently, I am filing this Action Request for an investigation into these issues and assistance in their resolution.
Background Information:
I had been a psychiatry resident-physician BJH/WUSM since June 2008. Over the course of my residency, BJH/WUSM created a hostile work environment for me due to my military affiliation, and this eventually culminated in my filing a formal administrative complaint with BJH/WUSM's Human Resources and the EEOC in May 2011.
I had been a psychiatry resident-physician BJH/WUSM since June 2008. Over the course of my residency, BJH/WUSM created a hostile work environment for me due to my military affiliation, and this eventually culminated in my filing a formal administrative complaint with BJH/WUSM's Human Resources and the EEOC in May 2011.
On July 8, 2011, while the complaint with BJH/WUSM’s HR and EEOC was still under investigation (I was a third-year resident at this point), I went to BJH/WUSM to attend to routine administrative tasks in my clinic office and to attend a colleague’s retirement party.
At the retirement party, I wore my ACUs and engaged in recruitment activities for the US Army Reserves, as I had previously done on numerous occasions in the past. My recruitment activities have always being prompted due to the acute shortage of behavioral/mental health providers in the US Army in particular and the US Military in general. My recruitment activities were civil, lawful, and successful.
After attending the party and while I was seated calmly in my clinic office, BJH Security Personnel, under the immediate direction and supervision of a BJH HR Manager, burst into my office and beat me savagely.
In addition to the being beaten, during which I suffered intermittent loss of consciousness and severe chest pains, I was stripped of my ACUs and my military boots, forcefully and painfully. Furthermore, I was handcuffed, my legs shackled, and I was forcefully transported to John Cochrane VA Hospital, Saint Louis, MO for “further psychiatric evaluation”; in essence, BJH was looking for ways to psychiatrically commit me.
BJH transported me to John Cochrane VA Hospital against my will, in spite of the acute injuries BJH Security Personnel inflicted on me, and my pleadings to be taken to the BJH Emergency Department, which was two flights below my clinic office. When no psychiatrist would diagnose me with a mental disorder (because I had none and no history therefore), I was released from the emergency department.
On July 9, 2011, I went back to BJH to retrieve my personal properties, which was unlawfully seized and withheld by BJH Security the day before. When I was told that my properties will not be released, I proceeded to leave the hospital immediately. Unknown to me, however, BJH Security Personnel were tracking me with their surveillance camera, while I was on their premises. BJH Security Personnel proceeded to intercept me, and, once again, they severely beat me up. (Please see the video clip link in the email.) As indicated on the video, I was unarmed and posed no threat to any person or property.
After beating me up for the second time, BJH/WUSM went for another psychiatrist shopping spree, and this time they took me to St. Alexius hospital (in Saint Louis, MO) for a third psychiatric evaluation. When St. Alexius Hospital found nothing wrong with me, BJH/WUSM then charged me with assaulting about 6 - 8 of BJH Security Officers and with First Degree Criminal Trespass. I was consequently arrested and jailed for 2 days; my pregnant wife had to post a bond for me to get out of jail. This was the first time in my life I was ever arrested.
Furthermore, BJH/WUSM falsely reported me to the FBI that I am a terrorist with links to Osama bin Laden and that I worship the Fort Hood alleged shooter, Major Hassan, and consider him my hero. None of these malicious and false allegations are true, and after extensive investigation, the FBI could not find anything to substantiate or justify the allegations by BJH/WUSM; I was cleared of the charges.
Since the beginning of my ordeal with BJH/WUSM in July 2011, I had made every effort to keep my Unit informed of all developments and solicited for some form of leadership, guidance, and assistance, especially given that I was viciously attacked while in military uniform. Sadly, my Unit was largely unresponsive and would not even help me get in touch with JAG or provide any legal assistance. (Please refer to the series of emails attached.)
During the intervening period from July 2011 till February 2012, I made numerous phone calls and several travel trips (at my own expense) to various military installations, all for the sake of obtaining some form of legal guidance/advice from the USAR. In the pursuit of obtaining military legal advice and guidance, in late November 2011 (about a week after the birth of my first child) I traveled from Saint Louis, MO to The USAR Legal Command in Gaithersburg, MD.
While at The USAR Legal Command, I spoke with CW2 Harold A. Pramekamol, who was quite empathic, supportive, and tried to point me in the right direction to get help. Needless to say, everywhere I turned in the US Army for help, I was consistently asked if I have contacted my Unit and made them aware of my ongoing ordeal. I was further informed that my Unit should be able to provide me with all the resources I am seeking, including access to JAG and legal services.
Nevertheless, the warrior in me pressed ahead and on December 6, 2011, the First Degree Criminal Trespass Charge, falsely and maliciously brought against me by BJH/WUSM, was dismissed with prejudice and the arrest record generated thereof was expunged. The criminal case against me was dismissed due to BJH/WUSM personnel refusal to submit to depositions by my Attorney. I informed my Unit (and, specifically, Col. Delancy, my Unit Commander) about this development the same month: December 2011. Furthermore, when I and my civilian attorneys filed a civil lawsuit against BJH/WUSM (on January 25th, 2012), I also took the initiative of informing my Unit and Col. Delancy.
In January 2012, Col. Pamela Y. Delancy informed me that I would have to undergo a mental health evaluation (MHE) as a condition of maintaining my commission in the USAR. She further stated that the basis of her decision to subject me to the MHE were the allegations made by BJH/WUSM. I could not understand her rationale for insisting on the MHE, given all the information I had voluntarily shared with the Unit and her, which clearly demonstrated the malicious intent behind the actions of BJH/WUSM concerning me.
I further informed Col. Pamela Y. Delancy of my having undergone 4 full psychiatric evaluations, in the aftermath of BJH/WUSM’s false allegations about and against me, and that no psychopathology (other than expected signs of stress) was ever uncovered in any of the evaluations. Nevertheless, she still insisted that I am to submit to MHE.
Out of respect for Col. Pamela Y. Delancy, as both a military superior officer and my immediate Commander, I agreed (in principle) to submit to the MHE but with the caveat that it not be performed inside the State of Missouri (MO) but preferably somewhere in the North-Eastern US. I should add that at no point in time in all my interactions with my Unit or Col. Pamela Y. Delancy about the issue of MHE was I informed, or advised, about my rights; rather I was unnecessarily threatened and subjected to psychological trauma and abuse by being told that I should “be aware that for this initial evaluation you will either have to go to the appointment on your own or be escorted to your appointment.” (Please see attached documentations.)
In my last communication with Col. Pamela Y. Delancy on Feb. 22 2012, she further exposed me to undue psychological and emotional stress by asserting that due to my not submitting to a MHE in MO and to my ongoing numerous "personal issues," she would proceed to pursue involuntary discharge proceedings to have me discharged from the USAR. I enquired as to my rights regarding her unilateral decision to initiate involuntary discharge proceedings against me from the USAR; she provided no information and appeared largely pejorative in her response.
In light of all that has transpired and has documented herein, I am hereby appealing to the USAR IG for assistance and support in resolving these issues.
Thank you for your understanding and cooperation in these matters.
