May Jun '10 Saber.indd - First Cavalry Division Association

Page 21
545th MP COMPANY
Sam Reinert
626 ½ South 9th St.
Richmond, IN 47374
(765) 962-4627 ph and FAX
samreinert1@545thmpcoassn.org
http://www.545thmpassn.org/
Greetings Fellow 545th MPs!
The 545th MP Company has turned in their
vehicles in Iraq and is also getting ready to turn
in their computers and other equipment issued
in theater in preparation for their return home to
Fort Richardson, Alaska. This will be their first
complete deployment since they were deactivated
at Fort Hood in 2005 and taken away from their
beloved 1st Cavalry Division. Although no longer
with the 1st Cavalry Division, the 545th MP
Company has carried on their Cavalry traditions
1SG Connie Dementier
and have won several sports competitions’ with
other units to include Air Force units and have
successfully completed another combat tour of
duty which included training Iraqi Policemen and setting up various facilities
for them. They have won the respect of not only the Iraqis but of the many other
US Military units they were associated with in theater. What else would you
expect with a First Sergeant like 1SG Connie DEMENTER who is a veteran of
the 545th MP Company when they were in Bosnia and still with the 1st CAV!
We will pray for their safe return home.
If you have not been to our web site recently, I strongly suggest that you do
so. We have added several new pages/Tabs and hundreds of new photos which
I know you will all enjoy. If you have photos of your time with the 545th MP
Company and would like to share them with us, please send them to me at
or snail mail them to me at the address
shown above and I will make sure that they make their way into our award
winning web site.
A few weeks ago, I received a letter
from GEN Peter W. CHIARELLI who
commanded the 1st Cavalry Division in
Iraq when the 545th was still with that
unit. GEN CHIARELLI is presently the
US Army Vice Chief of Staff and during
his busy schedule at the Pentagon, took
the time to view our web site and noted
that GEN FRANKS and Toby KEITH had
sent us autographed photos for our Iraq
Tab in our web site. Having always been
a supporter of the 545th MP Company (he
even took the time to attend our change
of command ceremony in Baghdad
when CPT MULARONI turned the
GEN Pete Chiarelli
545th over to CPT TOWNSEND), GEN
CHIARELLI sent us an autographed
photo of himself, which he signed “To
the Officers, men and women of the First Team’s Finest” which we now proudly
exhibit in our web site in the Iraq Tab.
One of our better known 545th MPs, CSM Freddie L.T. BROCK, is soon to
retire in June. CSM BROCK served with the 545th MP Company at Fort Hood,
Texas from 1997 until 1998 and like so many of our 545th veterans attained
a position of great responsibility in the US Army. Since the days of GEN
George WASHINGTON at Valley Forge, Pennsylvania there have been Provost
Sergeants but until recently there has never been a Provost Command Sergeant
Major of the US Army. The Provost Sergeant Major of the United States Army
is a recently established position in the Military Police Corps. The Provost
Sergeant Major of the United States Army is the senior MP NCO in the Military
Police Corps. Since this position is assigned to the staff of the Provost Marshal
IT’S THE LAW
by Richard Cohen, Esq.
©2009 Richard Cohen
Attorney at Law
235 High Street, Room 513
P.O. Box 771
Morgantown, WV 26507-0771
(304)-413-0838
vetlaw @wvajustice.com
http://www.wvajustice.com
PTSD
In ARZIO v. SHINSEKI no.
2009-7107 decided April 19,
2010 by the Federal Circuit the
Court explored whether there
are alternative methods in the
VA’s regulations for a veteran
to obtain service-connected
benefits for PTSD without
proving the existence of credible evidence of an in-service stressor. While in
service this non-combat veteran was diagnosed with a variety of psychological
conditions in an attempt to understand his complaints of right foot and leg
pain and chest pain. The diagnoses included psychogenic pain, psychophysical
reaction, psyconeurosis and conversion reaction. Many years later the VA
denied the veteran’s claim for benefits based on PTSD acknowledging that he
was receiving treeatment for psychiatric problems including PTSD but rejecting
the claim for lack of proof of creditable in-service stressors. In supporting the
denial the Federal Circuit concluded that 38 CFR § 3.304(f) makes clear that
credible evidence of an in-service stressor is a mandatory element in any claim
for disability compensation for PTSD. Further, the Court rejected the veteran’s
argument taht 38 CFR § 3.303 provides an alternative method of establishing
service connection without proof of an in-service stressor.
EQUITABLE TOLLING
In yet another decision we can see that the Courts are still not in total agreement
as to whether equitable tolling is available at the agency level when a veteran has
been mislead by the VA. Both the Veterans Court and the Federal Circuit accepted
the veteran’s assertion that VA personnel had erroneously told the veteran that
he was not permitted to file a claim for benefits until his other-than-honorable
discharge was corrected. Nevertheless, in BUTLER v. SHINSEKI no 2009-
MAY/JUNE, 2010
General of the U.S. Army, which is a two star post,
this Sergeant Major is representing the only two star
position in the in the US Army Military Police and
therefore is senior within the Corps.
As per Wikipedia, Provost Sergeants have been
around for quite a while – “In the United States Army
Military Police Corps or United States Marine Corps
Military Police, the title of Provost Sergeant typically
refers to the operations sergeant in charge of the staff
of the Provost Marshal office or the NCO in charge
of an MP Station. The position is commonly held
by a Sergeant Major or Master Gunnery Sergeant,
but may also be held by a Sergeant First Class or CSM Freddie Brock
a Master Sergeant. U.S. Army Provost Sergeants
cannot be recognized by any specific insignia and few Provost Sergeants even
wear the distinctive military police identification patch on their Army Combat
Uniform.
There was at least one Provost Sergeant at Valley Forge with General
WASHINGTON and many of the old Cavalry Regiments on the western plains
had a Provost Sergeant (as recorded by the 6th Cavalry Regiment historical
files and Texas A&M). During the Civil War, both the Confederate and Union
Armies had Provost Sergeants and even entire Provost Units. During the
Mexican War, the Cavalry units all formed Provost Squads which were led by
Provost Sergeants to collect, classify and detain all the Mexican troops which
were captured during that action. It should be noted here that these units set up
what has become the system used to this day by Military Police Units in any
combat action to handle, classify and detain what we now call EPW’s or in days
gone by POW’s.
LTG Arthur MacARTHUR had a Provost Sergeant on his staff when he was
the PMG of the Philippines and there has been a Provost Sergeant Major at West
Point since anyone can remember. Until 1941, none of the Provost Marshals
or Provost Sergeants was of a permanent nature. All of these Provost Generals,
Provost Marshals, Provost Sergeants and Provost Units were assigned these
jobs on a temporary basis. Cavalry units were most frequently used as provost
troops, but it was not uncommon for artillery or infantry units and even invalids
from hospitals to be used as Provost Troops.
On 29 October, 2003, MG Donald J. RYDER was sworn in as the Army’s
Provost Marshal General by LTG James J. LOVELACE, Director of the Army
Staff, who hosted the Pentagon ceremony on behalf of the Army Chief of
Staff.
The Provost Marshal General existed as a permanent position from 1941 to
1974, with ten individuals serving during the period. The last Provost Marshal
General, MG Lloyd RAMSEY (Ret), served from 1970 to 1974.
Nearly 30 years after retiring the Provost Marshal General colors, MG
RAMSEY, who is the only surviving former Provost Marshal General,
participated in the ceremony by joining MG RYDER in posting the same colors
he cased in 1974. The positional flag, as it is called, was temporarily removed
from its home in the Military Police Corps Museum to be part of the ceremony.
An Old Guard Military Police Corps member, Specialist Brian BARRY, carried
the flag and passed it to newly appointed Provost Sergeant Major of the Army,
Sergeant Major Brian DEOROCKI who was the first MP NCO to hold this
exalted position as the Senior NCO in the Military Police Corps.
On June 1, 2008 CSM BROCK took over this position from SGM DEOROCKI
as the second Provost Sergeant Major of the US Army and will retire from that
position and the US Army on May 30, 2010 after 28 years of active duty – all of
it in the Military Police Corps. We wish CSM BROCK who has been an active
supporter or our association, an enjoyable retirement and a great life. There will
be more on his retirement ceremony in the next issue of the Saber.
Any of you old 545th veterans out there who are not yet members of our unit
association, please go to our web site and sign up or if you are not a computer
person, just write me a letter and I will add you to our Buddy Roster and send
you a copy. You will also receive a Membership Certificate which is suitable
for framing and a laminated, wallet sized membership card.
Until the next issue – lets all be careful out there
7066, decided April 23, 2010, the Federal Circuit relied on its earlier decision in
ANDREWS v. PRINCIPI 351 F.3d 1134, 1137-38 (Fed. Cir. 2003) agreed with
the Veterans Court that the one year period of presumptive retroactivity which
the veteran would have received had he filed his claim within one year of discharge
was not subject to waiver or relaxation. One Judge dissented, asserting
that this situation is different than ANDREWS becasuse in this case there was
misinformation or erroneous advice given to the veteran because that the court
in ANDREWS had not stated that equitable tolling is never available.
NOTICE OF BVA APPEAL
A recent Veterans Court decision is a reminder of the distinction between an
appeal to the Board of Veteran’s Appeals and an appeal to the Veterans Court.
In POSEY v. SHINSEKI no 08-0240, decided April 23, 2010, the Court noted
that although the veteran stated that he had wanted to appeal a BVA decision, the
form used was titled “Appeal to Board of Veterans’ Appeals” and stated that he
wanted to have a video conference hearing. Because this letter did not indicate
that the veteran wanted to have the Court review the Board’s decision, the document
was determined to be a request to reconsideer the Board’s decision and not
an appeal to the Veterans Court.
Plan now to attend the 64th Reunion of the 1st Cavalry Division
Association in Killeen/Fort Hood, Texas from 8-12 June, 2011.
Registration forms and information will be sent out with the
2011 calendars and will be published in the November/December
2010 SABER and placed on the Association web page when
available.
2011 will be the 20th Anniversary of the Gulf War