Rusty Leaves VERPA Board of Dirctors 2/28/05

Rusty Story is removed from VERPA Case Studies due to the fact that the VERPA ACT only recovers grievances for those veterans and soldiers that have grievances "incident to service" and NOT "incident to combat". My injuries in my neck are caused by "incident to service", however my PTSD was a direct result of "incident to combat" and the VERPA ACT only covers "incident to service" SO VFVS feels that it is unacceptable to exclude those soilders that have purple hearts for their injuries especially when drafted into illeagal wars should have every right to redress gross criminal negligence caused by the abuses of federal employees while being hospitalized in the military. Not having accurate reports to service-connect Soilders for injuries "incident to combat" is a crime and a violation of Human Rights. VFVS will address with the House Senate "incident to combat" in regards to federal employee abuses to all soilders that suffered as a result of no care in military hospitals and VA hospitals. Rusty leaves VERPA Board of Directors because of these differences. Rusty Story Attached
PFC Robin J. Rustan (Rusty)
Gross Criminal Negligence/Medical Malpractice/
Abuse of the Militaries Mental Health System -
Handcuffed with a Broken Neck,
Escorted to Vietnam With M.P. & Medic
January 28, 1969 - Mr. Robin J. Rustan was drafted into the U.S. Army. Spending basic training from January to April 1969, at Fort Ord, California, PFC Rustan was then ordered in April of 1969, to report to Company A, 1st 66 Armor, 2nd AD, Fort Hood Texas. MOS Tank Mechanic and would be his first and last duty station after basic training.

PFC Rustan volunteered to go to Vietnam while serving at Fort Hood. After 9 months at Fort Hood, one day would be different from any other day in PFC Rustan's life.

On December 2, 1969, while on a training maneuver PFC Rustan suffered a major injury that came close to taking his life, after being crushed by the main gun while doing firing exercises. PFC Rustan was denied medical care after being crushed inside a tank.

On December 2, 1969, date of injury, PFC Rustan was released from Darnell Army Hospital because he was handed orders to go to Vietnam by his Company Commander Captain FA Amerose T. Nathe. PFC Rustan's orders to report to Vietnam was only eight days after his release from the hospital on January 10, 1970.

PFC Rustan was ordered out of the Hospital with NO medical care to go to RVN Training. That is 8 days into living with a serious cervical spine injury that would be a life sentence of pain.

PFC Rustan was ordered to Vietnam from a Hospital Bed, with NO neck brace and a bottle of pain pills, to the RVN Training Detachment Center on February 6, 1969. The RVN sign in was on February 14 1970 with a training schedule for 5 days of meetings that would take a soldier into classes starting with Jungle Survival, Military Intelligence and Handling of POW's, Duties of a Sentry & Perimeter Defense VC Techniques & Lessons Learned, Communications Security, Roll Call, Mvt to RVN Village, Ambush & Immediate Action, Foot Ambush, Dinner, Helicopter Safety Air Assault and MEDEVAC Demonstration, Mobile Ambush, more of the same and so forth. He was ordered to do all this with a Broken Neck. On February 6, 1970 Captain Robert E. Porter RVN Training Detachment signed PFC Rustan's last set of direct orders. From this point on PFC Rustan refused all orders to go to Vietnam and eventually went AWOL from all this madness.

On March 9, 1970, PFC Rustan was ordered to Mental Health where he was sent to Psychiatry to cover up the malpractice regarding his neck. They would label PFC Rustan to discredit him mentally. Mr. Parvo, stated for the record he suffers from "Impression: Situational Stress Reaction" Fort Hood, Texas.

Once leaving Fort Hood, Texas PFC Rustan, was AWOL, landing in his home State of California where he planned on obtaining real medical help for his serious injury. His plan was to check in as a patient with one of the best neurosurgeon in Newport Beach. This meeting took place and Dr. Alverez wished PFC Rustan the best of luck. Unfortunately, PFC Rustan could not even retain him because the doctor said PFC Rustan was "Government Property." Dr. Alverez said "You have to seek medical help from a military hospital." PFC Rustan felt like he was a soldier without a Country, with NO medical help be administered and only orders to go to Vietnam.

Here is the Catch 22! In a California State prison on death row, a criminal was losing his health because he needed a kidney operation to live. The State of California was ordered to put this criminal to death, even though he might not live to the day that the State was ordered to execute him. Then the State of California elected to use $140,000 of taxpayers' money to replace the criminal's kidney, so he could stay alive along enough for state officials to kill him! The chilling reality in all of this, is that an American willing to serve and die for our nation in the United States Armed Forces, who suffered a broken neck could not even get medical attention for a broken neck occurring incident to military service! Not even a neck brace was issued when leaving the military hospital when ordered to Vietnam unfit for duty. The chilling reality of the Feres Doctrine is death row prisoners have more rights than a United States soldier serving our Country!

After the mistreatment and abuses PFC Rustan faced at the authority of his government, landed in California waiting for medical help. The government than looked upon this injured and once dedicated American soldier as a criminal. Concerned for PFC Rustan's health and welfare, his parents wrote members of the House of Representatives and Senate on his behalf. Some responses came back, but the truth of the matter, Congress during Vietnam and even today, do not have to address injury or injustice arising out of the military due to the Feres Doctrine.

On March 13, 1970, PFC Rustan was set up via a fake interview to reevaluation both his mental and physical condition, PFC Rustan was arrested, locked up with several other disabled soldiers while awaiting a plane to take them to Vietnam. Eventually, PFC Rustan was escorted by an M. P. and a Medic in handcuffs and forced onto a war plane heading for Vietnam via stop in Hawaii. Again, with cervical spine injuries and not even a neck brace.

On March 20, 1970, PFC Rustan landed in Hawaii at Schofield barracks and was seen one more time by an alleged mental heath expert, Major MSC Robert J. Kozukii. Major Kozukii stated that he saw no reason to retain him, however if he did not perform his duties in Vietnam effectively that he would be considered for a General Discharge. The M.P. and Medic released him into the custody of Triplet Hospital where he went AWOL!

Once in Vietnam, PFC Rustan ended up walking away and went AWOL and ended up at the 93rd Evacuation Hospital. Unlike the command and control officers who had no concern for PFC Rustan, the military doctors seen by PFC Rustan were angry at the fact that the U. S. Army was sending unfit soldiers to Vietnam.

In November 1970, PFC Rustan was medically separated with only a 20% service-connected rating. It took him 18 years to obtain a 90% BVA rating and a 10% unemployability rating making him 100% disabled.

During the time Rusty fought for his medical benefits which should have been provided him expeditiously after his discharge, he continues to live with a life of pain arising from grossly criminal and medical negligence he experienced during his service in the United States Armed Forces.

Rusty now joins POCV short for "Pissed Off Combat Veterans" to continue to fight for reforms of the Feres Doctrine so others will never be mistreated and abused, like he once was in the service of our nation!