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  • 26
    Nov
    2012
    3:37pm, EST

    As battle raged in Syria, Russia sent tons of cash to Damascus, flight records show

    Muzaffar Salman / Reuters file

    A man counts Syrian currency notes in Damascus on Nov. 13. Plunging public revenues are a sign of the fiscal pressures Damascus is facing in the uprising against President Bashar al-Assad's regime.

    By Dafna Linzer, Michael Grabell and Jeff Larson
    ProPublica

    This summer, as the Syrian economy began to unravel and the military pressed hard against an armed rebellion, a Syrian government plane ferried what flight records describe as more than 200 tons of “bank notes” from Moscow.

    The records of overflight requests were obtained by ProPublica. The flights occurred during a period of escalating violence in a conflict that has left tens of thousands of people dead since fighting broke out in March 2011.


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    The regime of Bashar al-Assad is increasingly in need of cash to stay afloat and continue financing the military’s efforts to crush the uprising. U.S. and European sanctions, including a ban on minting Syrian currency, have damaged the country’s economy. As a result, Syria lost access to an Austrian bank that had printed its bank notes.


    “Having currency that you can put into circulation is certainly something that is important in terms of running an economy and more so in an economy that is become more cash-based as things deteriorate,” said Daniel Glaser, assistant secretary of the Treasury for Terrorist Financing and Financial Crimes.  “It is certainly something the Syrian government wants to do, to pay soldiers or pay anybody anything."

    According to the flight records, eight round-trip flights between Damascus International Airport and Moscow’s Vnukovo Airport each carried 30 tons of bank notes back to Syria. There are records relating to the flights in Arabic and English as well as copies of over-flight requests sent to Iran, which are in Farsi.

    Syrian and Russian officials did not respond to ProPublica's questions about the authenticity and accuracy of the flight records. It is not possible to know whether the logs accurately described the cargo or what else might have been on board the flights. Nor do the logs specify the type of currency.

    But ProPublica confirmed nearly all of the flights took place through international plane-tracking services, photos by aviation enthusiasts and air traffic control recordings.

    Andrea Mitchell talks with the U.S. Institute of Peace's Stephen Hadley, former national security adviser to President George W. Bush, about the unrest in the Middle East stretching from Israel to Cairo.

    Each time the manifest listed “Bank Notes” as its cargo, the plane traveled a circuitous route. Instead of flying directly over Turkish airspace, as civilian planes have, the Ilyushin-76 cargo plane, operated by the Syrian Air Force, avoided Turkey and flew over Iraq, Iran and Azerbaijan.

    The flight path between Syria and Russia described in the manifests.

    Tensions have been rising  between Syria and Turkey since the spring. Last month, Turkey forced down a Syrian passenger plane traveling from Moscow. Turkey suspected the flight of carrying military cargo but officials have not said what, if anything, was confiscated.

    If the flight manifests are accurate, a total of 240 tons of bank notes moved from Moscow to Damascus over a 10-week period beginning July 9 and ending on Sept. 15.

    U.S. officials interviewed said evidence of monetary assistance, like military cooperation, point to a pattern of Russian support for Assad that extends from concrete aid to protecting Syria from U.N. sanctions.

    In September 2011, six months into the violence, the European Union imposed sanctions that prohibited its members from minting or supplying new Syrian coinage or banknotes. In a statement, the EU said the sanctions aimed “to obstruct those who are leading the crackdown in Syria and to restrict the funding being used to perpetrate violence against the Syrian people.” At the time, Syria’s currency was being minted by Oesterreichische Banknoten- und Sicherheitsdruck GmbH, a subsidiary of Austria’s Central Bank.

    President Obama has issued five Executive Orders that prevent members of the Assad regime from entering the United States and accessing the U.S. financial system.

     “Increasingly, it is more difficult to finance the war machine and the cost of the war is becoming more expensive for the Assad regime,” said one U.S. official who spoke on the condition of anonymity. “Targeted sanctions on those leading the violence are working and start to bite into their pocket books.”

    Russia appears to be helping Syria blunt the impact of the sanctions.

    In June, Reuters reported  that Russia had begun printing new Syrian pounds and that an initial shipment of bank notes had already arrived.  The report was denied by the Syrian Central Bank, which claimed the only new money in circulation were bills that had replaced damaged or worn bank notes. Such a swap, the bank contended, would have no effect on the economy.

    On Aug. 3, the official Syrian news agency SANA, reporting from a news conference in Moscow with Syrian and Russian economic officials, quoted Syrian officials acknowledging that Russia is printing money. Qadr Jamil, Syria’s deputy prime minister for Economic Affairs, was quoted by SANA as calling the deal with Russia a “triumph,” over sanctions.

    Syrian Finance Minister Mohammad al-Jleilati said that Russia was providing both replacement notes and additional currency to, as SANA put it, “reflect the country’s changing GDP.” 

    Al-Jleilati said the money would have no effect on inflation. Printing new notes beyond simply replacing old ones could undermine Syria’s already battered currency.

    At the time of the meeting, at least 30 tons of currency had already been delivered, according to the flight records, and another 210 tons would be delivered in subsequent flights.

    In its regional economic outlook released earlier this month, the International Monetary Fund noted that Syria’s currency has lost 44 percent of its value since March 2011, trading for about 70 Syrian pounds to the dollar compared with about 47 pounds when the conflict began.

    Ibrahim Saif, a political economist based in Jordan and a resident scholar at the Carnegie Middle East Center said 30 tons of bank notes twice a week is a significant amount for a country like Syria.

    “I truly believe it’s not only that they’re exchanging old money for new notes. They are printing money because they need new notes,” Saif said.

    “Most of the government revenue that comes from taxes, in terms of other services, it’s almost now dried up,” noted Saif. Yet, “They continue to pay salaries. They have not shown any signs of weakness in fulfilling their domestic obligations. The only way they can do this is to get some sort of cash in the market.”

    Before the unrest broke out, Syria had about $17 billion in foreign currency reserves. Saif said he and other economists in the region estimate they now have about $6 billion to 8 billion in reserves, dwindling about $500 million a month for salaries and supplies to keep the government running.

    In Moscow, the Syrian finance minister had said that his country required additional foreign currency reserves, which Russia may provide in the form of loans.

    “It’s possible the Syrians are acquiring foreign currency reserves, either Euros or US dollars, which they would need to conduct any serious commerce,” said Juan Zarate, who served as assistant secretary of the Treasury for Terrorist Financing and Financial Crimes during the Bush administration.

    Zarate noted that other countries, when faced with economic sanctions, have leaned on allies for foreign currency reserves. China supplied North Korea with such funds in the past and Venezuela agreed to sell reserves to Iran.

    Syria’s currency is still traded on open markets, but there is limited on-the-ground information about the economy, including inflation.

    Officials at the IMF “have not been able to get direct information about Syria for at least a year,” Masood Ahmed, director of the group’s Middle East and Central Asia department, told reporters at a conference in Tokyo last month.

    Glaser, at Treasury, declined to put a figure on Syria’s current reserves, but said the Syrian economy is suffering in part from a lack of tourism and a ban on oil sales, both of which provided Damascus with foreign currency. “There is significant inflation in the country. It can be caused by adding new currency or not having foreign reserves to prop up the existing currency.”

    Quinn Norton contributed to this story.

    ProPublica is an independent, non-profit newsroom that produces investigative journalism in the public interest.

    More from Open Channel:

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    39 comments

    “Having currency that you can put into circulation is certainly something that is important in terms of running an economy". Yep, Just ask "Little Big Headed Timmy" and his buddy Obama. That non-backed monopoly money does come in handy.

    Show more
    Explore related topics: russia, syria, currency, civil-war, pro-publica
  • 11
    Nov
    2012
    1:25pm, EST

    Lost to history: Missing war records block benefits for Iraq, Afghanistan vets

    By Peter Sleeth, Special to ProPublica, and Hal Bernton, The Seattle Times

    A strange thing happened when Christopher DeLara filed for disability benefits after his tour in Iraq: The U.S. Army said it had no records showing he had ever been overseas.

    DeLara had searing memories of his combat experiences. A friend bled to death before his eyes. He saw an insurgent shoot his commander in the head. And, most hauntingly, he recalled firing at an Iraqi boy who had attacked his convoy.

    The Army said it could find no field records documenting any of these incidents.


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    DeLara appealed, fighting for five years before a judge accepted the testimony of an officer in his unit. By then he had divorced, was briefly homeless and had sought solace in drugs and alcohol.

    DeLara's case is part of a much larger problem that has plagued the U.S. military since the 1990 Gulf War: a failure to create and maintain the types of field records that have documented American conflicts since the Revolutionary War.

    A joint investigation by ProPublica and The Seattle Times has found that the recordkeeping breakdown was especially acute in the early years of the Iraq war, when insurgents deployed improvised bombs with devastating effects on U.S. soldiers. The military has also lost or destroyed records from Afghanistan, according to officials and previously undisclosed documents.


    The loss of field records — after-action write-ups, intelligence reports and other day-to-day accounts from the war zones — has far-reaching implications. It has complicated efforts by soldiers like DeLara to claim benefits. And it makes it harder for military strategists to learn the lessons from Iraq and Afghanistan, two of the nation's most protracted wars.

    Military officers and historians say field records provide the granular details that, when woven together, tell larger stories hidden from participants in the day-to-day confusion of combat.

    The Army says it has taken steps to improve handling of records — including better training and more emphasis from top commanders. But officials familiar with the problem said the missing material may never be retrieved.

    "I can't even start to describe the dimensions of the problem," said Conrad C. Crane, director of the U.S. Army's Military History Institute. "I fear we're never really going to know clearly what happened in Iraq and Afghanistan because we don't have the records."

    The Army, with its dominant presence in both theaters, has the biggest deficiencies. But the U.S. Central Command in Iraq (Centcom), which had overall authority, also lost records, according to reports and other documents obtained by ProPublica under the Freedom of Information Act.

    In Baghdad, Centcom and the Army disagreed about which was responsible for keeping records. There was confusion about whether classified field records could be transported back to the units' headquarters in the United States. As a result, some units were instructed to erase computer hard drives when they rotated home, destroying the records that had been stored on them.

    Through 2008, dozens of Army units deployed in Iraq and Afghanistan either had no field records or lacked sufficient reports for a unit history, according to Army summaries obtained by ProPublica. DeLara's outfit, the 1st Cavalry Division, was among the units lacking adequate records during his 2004 to 2005 deployment.

    Recordkeeping was so poor in Afghanistan from 2004 to 2007 that "very few Operation ENDURING FREEDOM records were saved anywhere, either for historians' use, or for the services' documentary needs for unit heritage, or for the increasing challenge with documenting Post Traumatic Stress Disorder (PTSD)," according to an Army report from 2009.

    Entire brigades deployed from 2003 to 2008 could not produce any field records, documents from the U.S. Army Center of Military History show.

    The Pentagon was put on notice as early as 2005 that Army units weren't turning in records for storage to a central computer system created after a similar recordkeeping debacle in the 1990-91 Gulf War.

    In that war, a lack of field records forced the Army to spend years and millions of dollars to reconstruct the locations of troops who may have been exposed to toxic plumes that were among the suspected causes of Gulf War Syndrome.

    At the outset of the Iraq war, military commanders tried to avoid repeating that mistake, ordering units to preserve all historical records.

    But the Army botched the job. Despite new guidelines issued in 2008 to safeguard records, some units still purged them. The next summer, the Washington National Guard's 81st Brigade Combat Team in Iraq was ordered to erase hard drives before leaving them for replacement troops to use, said a Guard spokesman, Capt. Keith Kosik.

    Historians had complained about lax recordkeeping for years with little result.

    "We were just on our knees begging for the Army to do something about it," said Dr. Reina Pennington, a Professor at Norwich University in Vermont who chaired the Army's Historical Advisory Committee. "It's the kind of thing that everyone nods about and agrees it's a problem but doesn't do anything about."

    Critical reports from Pennington's committee went up to three different secretaries of the Army, including John McHugh, the current secretary. McHugh's office did not respond to interview requests. His predecessor, Peter Geren, said he was never told about the extent of the problem.

    "I'm disappointed I didn't know about it," Geren said.

    In an initial response to questions from ProPublica and the Times, the Army did not acknowledge that any field reports had been lost or destroyed. In a subsequent email, Maj. Christopher Kasker, an Army spokesman, said, "The matter of records management is of great concern to the Army; it is an issue we have acknowledged and are working to correct and improve."

    Missing field records aren't necessarily an obstacle for benefit claims. The Department of Veterans Affairs also looks for medical and personnel records, which can be enough. The VA has also relaxed rules for proving post-traumatic stress to reduce the need for the detailed documentation of field reports.

    But even the VA concedes that unit records are helpful. And assembling a disability case from witness statements can take much more time, said Gen. Peter Chiarelli, the retired Army vice chief of staff who worked to combat suicides and improve treatment of soldiers with PTSD and brain injuries.

    "You would always love to have that operational record available to document an explosion, but there are other ways," Chiarelli said. "You can provide witness statements from others who were in that explosion. But it's going to be more difficult."

    After reviewing findings of the ProPublica-Times investigation, Sen. Patty Murray, D-Wash., who chairs the Senate Committee on Veterans' Affairs, asked Defense Secretary Leon Panetta to report on efforts to find and collect field records.

    "Iraq and Afghanistan veterans who are unable to document the location and functions of their military units could face the same type of problems experienced by Cold War veterans exposed to radiation, Vietnam era veterans exposed to herbicides and Gulf War veterans exposed to various environmental hazards," Murray said in a statement.

    Already, thousands of veterans have reported respiratory problems and other health effects after exposure to toxic fumes from huge burn pits that were commonly used to dispose of garbage in Iraq and Afghanistan.

    DeLara remains embittered about the five years he spent waiting for his disability claim. In an interview at his home in Tennessee, he pointed to Army discharge papers showing he'd received the Global War on Terrorism Expeditionary Medal, awarded for service in Iraq and Afghanistan.

    Next to that were blank spaces where his deployment dates should have been.

    "If they'd had the records in the first place, and all the after-action reports," DeLara said, "this never would have stretched on as long as it did."

    A desperate search for records
    The Army is required to produce records of its actions in war. Today, most units keep them on computers, and a 4,000-soldier brigade can churn out impressive volumes — roughly 500 gigabytes in a yearlong tour, or the digital equivalent of 445 books, each 200 pages long.

    Field records include reports about fighting, casualties, intelligence activities, prisoners, battle damage and more, complete with pictures and maps. They do not include personnel or medical records, which are kept separately, or "sigact" reports — short daily dispatches on significant activities, some of which were provided to news organizations by WikiLeaks in 2010.

    By mid-2007, amid alarms from historians that combat units weren't turning in records after their deployments, the Army launched an effort to collect and inventory what it could find.

    Army historians were dispatched on a base-by-base search worldwide. A summary of their findings shows that at least 15 brigades serving in the Iraq war at various times from 2003 to 2008 had no records on hand. The same was true for at least five brigades deployed to Afghanistan.

    Records were so scarce for another 62 units that served in Iraq and 10 in Afghanistan that they were written up as "some records, but not enough to write an adequate Army history." This group included most of the units deployed during the first four years of the Afghanistan war.

    The outreach effort by the Army was highly unusual. "We were sending people to where they were being demobilized," said Robert J. Dalessandro, executive director at the Army's Center of Military History. "We even said ... 'Look we'll come to you' — that's how desperate we got."

    As word of missing records circulated, the Joint Chiefs of Staff became worried enough to order a top-level delegation of records managers from each service branch to Baghdad in April 2010 for an inspection that included recordkeeping by U.S. Central Command.

    Centcom coordinated action among service branches in the theater. Among other things, Centcom's records included Pentagon orders, joint-service actions, fratricide investigations and intelligence reviews, with some records from Army units occasionally captured in the mix.

    After five days, the team concluded that the "volume, location, size and format of USF-1 records was unknown," referring to the acronym for combined Iraq forces. The team's report to the chiefs cited "large gaps in records collections ... the failure to capture significant operational and historical" materials and a "poorly managed" effort to preserve records that were on hand.

    In a separate, more detailed memo, two of the team's members from the National Archives and Records Administration went further.

    "With the exception of the Army Corps of Engineers, none of the offices visited have responsibly managed their records," they wrote. "Staff reported knowledge of only the recently created and filed records and knew little of the records created prior to their deployments, including email. ... It is unclear the extent to which records exist prior to 2006."

    Part of the problem was disagreement and lack of coordination about who was responsible for certain records, including investigations into casualties and accidents, according to Michael Carlson, one of the two archivists.

    "The Army would say it's Centcom's responsibility to capture after-action reports because it's a Centcom-led operation. Centcom would say it's an Army responsibility because they created their own records," Carlson said in an interview. "So there's finger-pointing ... and thus records are lost."

    Nearly a year after the U.S. pullout from Iraq, Centcom said it still is trying to index 47 terabytes of records for storage, or some 54 million pages of documents. It's not clear if those include anything recovered after a 2008 computer crash the Baghdad team termed "catastrophic."

    Lt. Col. Donald Walker, an Air Force officer who took over as Centcom records manager in 2009, acknowledged that there was confusion about responsibility and confirmed that that some Centcom records may have been lost. In part, he blamed computer problems and the competing demands of wartime.

    "Something just had to fall off the plate, there was so much going on," said Walker, who worked out of Centcom's Tampa, Fla., headquarters but was among the Baghdad inspectors.

    Rather than risk letting classified information fall into the wrong hands, some commanders appeared to buck the orders to preserve records. One Army presentation asserts that in 2005, V Corps, which oversaw all Army units then in Iraq, ordered units to wipe hard drives clean or physically destroy them before redeploying to the States.

    "They did not maintain the electronic files. They just purged the servers," according to the Military History Institute's Crane, who said he heard similar accounts from more than a dozen veteran officers in classes at the Army War College.

    The orders directing Washington National Guard's 81st Brigade to erase hard drives before leaving Iraq came "from on high," according to unit spokesman Kosik, who said he confirmed the erasures with a senior Guard officer with first-hand knowledge. He said the orders came from outside the Washington Guard.

    "There was a lot of confidential information, and they were not allowed to take it out of theater," said Kosik. "All that was wiped clean before they came home. ... It was part of their 'to-do' list before leaving country."

    Steven A. Raho III, the Army's top records manager, said in an interview that he couldn't estimate what, if any, records might be missing. But Raho said his agency wasn't responsible for collecting records, only for storing them in the Army's central records system when individual units handed them over.

    Units are not required to do so, he emphasized. "All's I know is we have some and units have some," Raho said.

    As a test, ProPublica filed Freedom of Information Act (FOIA) requests for a month's worth of field records from four units deployed in Iraq in 2003 and 2004. The requests went to Raho's Records Management and Declassification Agency, which forwarded them to each unit.

    One brigade — the 2nd Combat Brigade of the 82nd Airborne Division — did not respond, but FOIA officers from the three others said they searched and could find no responsive records.

    "I don't know where any Iraq operational records are," said Daniel C. Smith, a privacy act officer at Fort Carson, Colo., who handled the request for the 2nd Brigade of the 2nd Infantry Division. "I've never been able to find out where they went."

    At Fort Riley, Kan., FOIA officer Tuanna Jeffery looked for records from the 1st Battalion, 41st Infantry Regiment, 1st Armored Division. "Prior to and upon the inactivation of the unit on March 15, 2008, that unit had turned in absolutely no records," she responded.

    In a follow-up email, Jeffery said the entire 1st Armored Division did not turn in any field records through 2008.

    'They couldn't find it'
    Chris DeLara is not the type of soldier to wear his heart on his sleeve, but the 1st Cavalry Division's shoulder patch is tattooed on his right forearm in a swirling piece of body art. Beneath it are the words: "Baghdad, Iraq."

    DeLara, 38, grew up in Albany, N.Y., never dreaming he might someday fight a war. Now, his tour in 2004 and 2005 haunts his every day. Since winning his appeal in March 2011, he is classified as fully disabled by post-traumatic stress and cannot work. He was awarded a stipend of about $30,000 a year and has moved near Knoxville, Tenn., where he recently bought a modest house.

    Getting to a stable point wasn't easy.

    DeLara was an administrative specialist, essentially a personnel clerk. But he was repeatedly pulled out of his scrivener's life for missions as a roof gunner on convoys. It was a time of insurgency and exploding factional violence in Baghdad.

    "They told us, 'This may be your job, but guess what? You're going to be doing everything,'" he said. "We had many hats. You go to combat, your job is secondary. Combat is first."

    DeLara did not want to discuss his combat experiences, but they are described in part by a judge in the Board of Veterans' Appeals ruling that approved his PTSD claim.

    In the years after his deployment, DeLara told psychiatrists and others who treated him at various times that two of his friends were killed in an insurgent attack on his convoy, and that he was unable to stop one of them from bleeding to death from a ruptured artery.

    He said that one his commanders was shot in the head in front of him by insurgents, and reported that he had killed an Iraqi youth who had tried to attack his convoy after it was stopped because of a roadside bomb, according to the judge's summary.

    After his return in 2005, DeLara was diagnosed several times with PTSD or its symptoms, according to VA exam records cited by the appeals judge. He drank and used drugs even though he'd abstained from them in the Army. In 2006, he overdosed on prescription drugs.

    DeLara said he lived for a time in a shelter for troubled vets. He and his wife eventually divorced, but he credits her for helping him fight for his claim when he might have given up.

    They first applied for a PTSD benefit in 2006, DeLara said. A denial came the next year because his separation document, called a DD-214, did not list any dates of overseas deployment, he said.

    "They couldn't find it. Well my ex-wife, she being as persistent as she is, we started pulling all the stuff" to send to the VA, he said. DeLara dug out the movement order sending his unit to Iraq and the brigade roster with his name on it. He added descriptions of his combat experiences. "Basically what it was, I needed to provide proof," he said.

    But he was denied again, this time because the VA said his symptoms were of bipolar disorder, not PTSD. DeLara said he appealed but got a letter saying there was insufficient evidence that he'd experienced combat stress. The VA told him that it had "no records, none whatsoever" of his time in combat, DeLara said.

    "We basically put the whole packet together from scratch again," DeLara said. This time, he tracked down his former company commander, who was incensed about the VA denials and provided a letter confirming an incident in which DeLara came under enemy fire. Still, two years went by before DeLara received word that his appeal was set for a hearing in January 2011.

    Although the judge found in his favor, the ruling notes that, in June 2008, the center responsible for locating his records "made a formal finding of a lack of information to corroborate a stressor for service connection for PTSD." The center even looked a second time but still came up empty-handed.

    DeLara said he still can't believe it. "I had dates and everything" in the supporting material he and his ex-wife sent to the VA, he said. "The simple fact is that nobody filled out after-action reports," DeLara said. "There was no record of it."

    Asked how often a search for unit records comes up empty, officials at the VA said they didn't know — the agency doesn't track that statistic. A VA spokesperson said missing field records are not a major factor delaying veterans' claims, however. And some veterans' advocates agree.

    "As long as an officer or a buddy who witnessed the event is willing to sign a notarized statement, that's good," said John Waterbrook, who advises vets on disability issues in Walla Walla, Wash.

    In 2009, as DeLara was refiling his case, veterans' groups complained to Congress that soldiers serving as clerks or mechanics unfairly faced a higher burden of proof for PTSD than those with an obvious combat role, even though they faced the same dangers in wars with no front lines.

    The VA relaxed its rules the next year, so that a vet's account of combat stress is proof enough if a VA medical examiner agrees. But while the change helps, it hasn't sped up claims or made field records less valuable, said Richard Dumancas, the American Legion's deputy director of claims.

    Field records can come into play for other injuries. Take the case of Chief Warrant Officer 3 Lorenzo Campbell, a 53-year-old soldier with the Washington Guard who filed a disability claim resulting from a 2004 injury in Iraq.

    During a rocket attack, Campbell banged his knee on a concrete bumper after jumping out of a Humvee to find cover. He saw a doctor, but there was no record in his medical files. His knee gradually deteriorated, and he now wears a brace and is unable to run.

    Campbell said he tried to get records of the rocket attack from the state Guard but was told they were classified and left on computers in Iraq. He said he offered a letter from another soldier testifying to the incident and swore out a statement himself, but it didn't suffice.

    "I tried to keep fighting it," he said. "They kept writing me saying they need more information, they need more information."

    Campbell said his disability claim took four years to be approved — a delay that could have been shortened had the records been available. "If you have no records," he said, "you can be fighting for five or six years and still not prevail."

    Tradition eroded, warnings brushed aside
    Military recordkeeping has been the cornerstone of the nation's war history for centuries. From the founding of the republic through the Vietnam War, recordkeeping was a disciplined part of military life, one that ensured that detailed accounts of the fighting were available to historians and veterans alike.

    The records can hold untold stories that can surface decades after a conflict.

    The massacre of civilians by U.S. forces at No Gun Ri, South Korea, in July 1950 came to full national attention only in 1999, nearly 50 years after the fact. Journalists at The Associated Press, working in part with military field records, uncovered the extent of the tragedy. Later, other reporters used the records to show that one purported witness wasn't really present.

    By the Gulf War, however, what had been a long tradition of keeping accurate, comprehensive field records had begun to erode. Old-style paper recordkeeping was giving way to computers. And Army clerks had been reduced in number, leaving officers to take care of records work.

    According to the Army's "Commander's Guide to Operational Records and Data Collection," published in 2009, the problem became evident months after the end of Desert Storm, when vets began reporting fatigue, skin disease, weight loss and other unexplained health conditions.

    "When the Army began investigating this rash of symptoms, its first thought was to try and establish a pattern of those affected: What units were they in? Where were they located? What operations were they engaged in?" the guide says. "The answers provided by investigators were: 'We don't know. We didn't keep our records.'"

    Afterward, the Army created Raho's records agency and a central records system. As the war on terror began, however, inspections and penalties for recordkeeping at the command level had largely fallen by the wayside, according to Army documents and interviews with officers who helped search for Gulf War records.

    Robert Wright, a retired Army historian, said training broke down. "They fight as they train, and they never were trained," he said.

    On March 28, 2003, then-Deputy Secretary of Defense Paul Wolfowitz ordered retention of all records in the Iraq war. Military records, he wrote, "are of enduring significance for U.S. and world history and have been indispensable for rendering complete, accurate and objective accountings of the government's activities to the American people."

    But in the combat zones, there were other priorities.

    Kelly Howard served as operations officer to Army Gen. George W. Casey Jr., who was in charge of the Iraq war from 2004 to 2007. Her primary job was archiving Casey's papers, a task that had been ignored until her arrival in 2006. Casey stored them in a foot locker, among other places.

    "The reason so many things got lost ... is because so many people at higher levels weren't requiring it," Howard said, referring to systematic recordkeeping. "You do what your boss wants you to do. It's not that anyone said, 'No, I don't care about that.' It's just so many other things were important."

    Alarms mounted at about the same time as DeLara finished his Baghdad tour.

    In 2005, the Army's Historical Advisory Committee learned that Raho's agency had not "received any records from units deployed in Afghanistan & Iraq."

    This came as a shock. Members of the group include a mix of civilian historians and officials from the Army War College and Center of Military History.

    "So we go through the whole meeting," said Richard Davis, senior historian at the National Museum of the U.S. Army. "So I ask the records manager point blank. I said, 'How many records have been retired from overseas by U.S. Army units?' And the answer was zero.

    "By late October the records management people here in Washington had received not a single document from Afghanistan or Iraq," Davis said. "At that point all the historians looked at each other and said 'Holy @!$%#! '"

    Minutes from the committee's 2006 meeting quote Raho as saying, "Our problems are that the training for Army personnel is incomplete, the responses are uneven, and the records themselves are either incomplete or nonexistent."

    Another member suggested writing a book. "As an institutional history, I think it's a great idea," responded historian Pennington, then the committee's chairwoman. "'Losing History': It's a topic that merits visibility and study."

    The committee included regular warnings about a broken recordkeeping system in its annual reports to the secretary of the Army.

    The 2006 report to Secretary Francis J. Harvey said Raho had described "major problems" in records collection, including "the lack of centralized control of data collection, the destruction of records without evaluation, and inadequate communications between Army units and records collection personnel."

    Raho, the report said, "observed that 17 to 23 percent of all Iraq/Afghanistan War veterans will suffer from various forms of PTSD. ... Without strong and immediate action to remedy present shortcomings, the Army's ability to substantiate veteran disability claims will be degraded seriously, with potentially highly troublesome and expensive consequences."

    In its 2008 report, the committee said: "Units are losing their own history. This will create a snowball effect, resulting in problems with awards and heritage activities in the future."

    Pennington signed the report, adding a personal comment: "After six years of service on DAHAC, and now as its chair, I am frankly discouraged by the frequency with which DAHAC has expressed some of the same concerns, and how little progress has been made on some issues."

    Then-Secretary Geren's office responded with a thank-you letter under his signature. But Geren said in an interview that he was not personally informed about missing records, despite his March 31, 2009, letter. "I'm confident it was not brought to my attention."

    When McHugh, the current secretary, arrived in 2009, he received a committee report reiterating that the system was broken and pleading for resources to fix it. "This has been requested every year since 1997," the report said.

    "It's probably the most serious problem historians have ever had," Pennington said in an interview. "I honestly don't know how we're going to be writing records-based history in 20 to 30 years." Typically, field records remain classified for two to three decades after a war, then are transferred to the National Archives.

    Although committee members felt unheard, wheels had slowly begun moving in the Army. In 2007, Raho's agency and the Center of Military History launched the outreach project that discovered the historians were right: Scores of units did not have the records they should.

    Because Raho did not have enough staff, the Center of Military History provided detachments for the search. For more than two years they collected field reports, turning up about 5.5 terabytes' worth.

    Some additional records have dribbled in since: Dalessandro, the center's director, said one brigade of the 1st Armored Division handed over field records from its 2007 Iraq deployment. It's possible that more might be found from other units, but historians say the chances fade with each year.

    Burn pits: the new Agent Orange?
    The demand for the field records isn't likely to abate as members of Congress ratchet up pressure to investigate exposure to burn pits.

    Veterans' groups say the long-term health impacts could be similar to those of herbicides in Vietnam. Rep. Michael Michaud of Maine, ranking Democrat on the House Veterans' Affairs Subcommittee on Health, said missing field records "could have consequences for veterans for years to come."

    In September, the House passed the Open Burn Pit Registry Act to track veterans with symptoms and find out where they were exposed and for how long. A similar measure is pending in the Senate. The VA currently runs registries for Agent Orange and Gulf War Syndrome, and last year the Institute of Medicine said more research is needed.

    Some veterans' advocates say field records could provide critical.

    "It's going to be very hard to connect individuals without the field records," said Dan Sullivan, director of the Sgt. Thomas Sullivan Center, a nonprofit named after his brother, an Iraq vet who died from mysterious health complications.

    "It would strike me that they are very important."

    Are you a veteran who can't obtain your military field records? Tell us your story. 

    Versions of this story will be published by The Seattle Times and Stars and Stripes.

    Peter Sleeth is a veteran investigative reporter who covered the Iraq war for The Oregonian and helped the paper win a Pulitzer Prize in 2007  for breaking news. Now freelancing, his most recent piece for the Oregon Historical Quarterly is a profile of progressive-era activist Tom Burns.

    Hal Bernton has been a staff reporter for The Seattle Times since 2000. He has covered military and veterans affairs, reporting from Iraq in 2003 and from Afghanistan in 2009 and this fall. Among other things, Bernton has reported on veterans' health issues, post-traumatic stress and, recently, improvised explosive devices.

    ProPublica's Marshall Allen, Liz Day and Kirsten Berg contributed to this story.

    More from Open Channel:


     

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    72 comments

    This is just horrible for those that have been injured in the service of our country. No other words for it.

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  • 17
    Apr
    2012
    3:07pm, EDT

    No forensic background? No problem

    By Leah Bartos
    Special to ProPublica
    This is how I -- a journalism graduate student with no background in forensics -- became certified as a "Forensic Consultant" by one of the field's largest professional groups.

    One afternoon early last year, I punched in my credit card information, paid $495 to the American College of Forensic Examiners International Inc. and registered for an online course.

    After about 90 minutes of video instruction, I took an exam on the institute's web site, answering 100 multiple choice questions, aided by several ACFEI study packets.

    As soon as I finished the test, a screen popped up saying that I had passed, earning me an impressive-sounding credential that could help establish my qualifications to be an expert witness in criminal and civil trials.

    For another $50, ACFEI mailed me a white lab coat after sending my certificate.


    For the last two years, ProPublica and PBS "Frontline," in concert with other news organizations, have looked in-depth at death investigation in America, finding a pervasive lack of national standards that begins in the autopsy room and ends in court.

    Expert witnesses routinely sway trial verdicts with testimony about fingerprints, ballistics, hair and fiber analysis and more, but there are no national standards to measure their competency or ensure that what they say is valid. A landmark 2009 report by the National Academy of Sciences called this lack of standards one of the most pressing problems facing the criminal justice system.

    Over the last two decades, ACFEI has emerged as one of the largest forensic credentialing organizations in the country.

    Among its members are top names in science and law, from Dr. Henry Lee, the renowned criminalist and pathologist, to John Douglas, the former FBI profiler and bestselling author. Dr. Cyril Wecht, a prominent forensic pathologist and frequent TV commentator on high-profile crimes, chairs the group's executive advisory board.

    But ACFEI also has given its stamp of approval to far less celebrated characters. It welcomed Seymour Schlager, whose credentials were mailed to the prison where he was incarcerated for attempted murder. Zoe D. Katz – the name of a house cat enrolled by her owner in 2002 to show how easy it was to become certified by ACFEI -- was issued credentials, too. More recently, Dr. Steven Hayne, a Mississippi pathologist whose testimony helped to convict two innocent men of murder, has used his ACFEI credential to bolster his status as an expert witness.

    Several former ACFEI employees call the group a mill designed to churn out and sell as many certificates as possible. They say applicants receive cursory, if any, background checks and that virtually everyone passes the group's certification exams as long as their payments clear.

    Some forensic professionals say the organization's willingness to hand out credentials diminishes the integrity of the field.

    "I am insulted by it," said Dr. Victor Weedn, a forensic pathologist for Maryland's chief medical examiner office and the vice president of the American Academy of Forensic Sciences. "They seem like an organization that's all about the money."

    Robert O'Block, ACFEI's founder, vigilantly defends the group's work, saying it has helped make forensics more accessible. He told ProPublica and PBS "Frontline" that the ACFEI credentials are not designed to qualify experts in court and emphasized only a judge can make that determination.

    O'Block also said he's been unfairly criticized by other professional groups that compete with ACFEI in certain regards, including the AAFS, Weedn's group.

    "I have been fighting for 20 years for an open educational certification and accreditation in forensic examination," O'Block wrote in an email. "But they have painted me as the bad guy."

    * * *

    The judges who must determine whether to qualify a witness as an expert face an alphabet's soup of organizations with differing standards. Some, like the American Board of Criminalistics, vet members extensively, requiring them to pass intensive board exams to demonstrate their skills. Others, as noted in the NAS report, are far less stringent.

    Experts in the field worry that inconsistent standards and training for forensic examiners can lead to miscarriages of justice — to the guilty walking free and the innocent being locked up or worse.

    "There are a lot of people practicing, but there's no assurance that they have the requisite training and board certification to see if they do have the skills to do the practical (work)," said Dr. Marcella Fierro, one of the NAS report's authors and the former chief medical examiner of Virginia.

    Under state and federal rules of evidence, judges decide whether prospective expert witnesses can testify, but they sometimes rely heavily on the titles and letters around someone's name.

    "Credentials are often appealing shortcuts," Michigan circuit court judge Donald Shelton said. Fancy titles can have a disproportionate effect on juries, he added. "Jurors have no way of knowing that this certifying body, whether it's this one or any other one, exacts scientific standards or is just a diploma mill." 

    O'Block, 60, founded the organization that grew into ACFEI in Branson, Mo., in 1992, after being rejected for membership by a credentialing organization for forensic handwriting experts.

    As chronicled in "United for Truth," ACFEI's self-published history, his goal was to create an alternative group open to those with all levels of experience. "It didn't matter that he, himself, was not then one of the anointed handwriting experts," the book says, "because he already knew that he was an expert at making things happen."

    O'Block launched his first credentialing programs while teaching criminal justice at the College of the Ozarks. Initially, the fledgling operation offered correspondence certifications in forensic document examination and behavior profiling for $100 apiece.

    Over time, the organization expanded its offerings, adding dozens of courses to certify applicants in various aspects of forensics, from counseling to nursing to accounting. Applicants must become members of ACFEI to become certified; on top of my course fee, I paid $165 in membership dues.

    O'Block also founded related associations that offer credentials in other fields, including psychotherapy and integrative medicine. One, the American Board for Certification in Homeland Security, attracted a powerful new client: the Defense Department. Since 2008, the U.S. Navy has paid more than $8.5 million for sailors to obtain credentials in such specialties as "Disaster Preparedness" and "Sensitive Security Information" through a program separate from the one for forensics.

    Today, there are two entities that go by the ACFEI acronym — the original, which is a nonprofit, and a related for-profit company called the American College of Forensic Examiners Institute of Forensic Science. O'Block is president of both and, according to tax filings, received total compensation of more than $430,000 in 2010.

    ACFEI and its related entities have continued to expand under O'Block's leadership, growing to about 20,000 members combined, despite periodic controversies.

    In 1998, when ACFEI proposed offering an online doctorate in forensic science, dozens of forensics professionals and educators wrote to the Missouri Board of Higher Education to protest the plan. "The questions are suitable for a grade school child," wrote one. ACFEI dropped its application.

    Then, in 2002, the story broke about the cat. O'Block remains vexed by what he calls a "stunt" orchestrated by a member of a competing professional organization.

    "First of all, ACFEI did not certify a cat…(It) certified a human being who used fraudulent credentials and called himself Dr. Katz," O'Block wrote in an email.

    Since then, O'Block said, ACFEI has changed its verification process, requiring applicants to submit multiple professional references and be placed on provisional status while their application is pending.

    Two days after I passed the Certified Forensic Consultant exam, I received an email from ACFEI asking me for additional materials. I emailed the group my references, a resume and a scanned copy of my college diploma. Less than an hour later, I received an email saying I could start using my forensic consultant designation.

    None of my references was contacted by the group.

    According to a statement provided by ACFEI's attorney, that step was deemed unnecessary in my case.

    "Professional references are requested in the event questions arise concerning an applicant's eligibility for the credentialing program in which they are applying," the statement said. "Since applicant clearly met the requirements for the Certified Forensic Consultant program, professional references were not contacted."

    * * *

    Among forensic professionals, there continues to be fierce debate over the quality of ACFEI's courses -- and what being certified by the group actually signifies.

    ACFEI advertises itself as an educational institution and markets its certificates as building up holders' value as witnesses in court. Expert witnesses are typically paid for their testimony.

    The page on its website for the certification I obtained — Certified Forensic Consultant — says, "The CFC credential contributes to the weight of an individual's testimony relating to qualifications, knowledge of the scope of the issues, the validity of the evidence presented, application of specialized knowledge to the facts in the case, and the relevance of the evidence to the issues in the case."

    But both O'Block and Wecht, the group's official spokesman, stressed that ACFEI certificates alone don't make you an expert.

    "It's designed to make somebody feel good, to make them feel they've accomplished something, and I would hope they have," Wecht said in an interview. "Does it really qualify them to be the expert in a particular field? No." 

     Wecht also dismissed the notion that the group's use of "college" in its name could be misleading. "That's a play on words," he said. "Nobody believes for one moment that it is a real college."

    In an interview and an email, O'Block defended ACFEI's credentialing programs by saying the group held seven outside "accreditations and approvals."

    But ACFEI is not recognized as an accredited institution of higher learning by Missouri, where it is incorporated, or by the U.S. Department of Education, which maintains a registry of accredited schools.

    A number of organizations, such as the California Board of Registered Nursing and the American Psychological Association, recognize ACFEI as a provider of continuing education. But that's not the same as institution-wide accreditation, said Leroy Wade, the Assistant Commissioner of the Missouri Board of Higher Education.

    "There's really no oversight that regulates the CE providers in general, at least not in this state," Wade said. "You can't put any stock in the fact that an organization states it's a continuing education provider."

    Several former ACFEI staffers say they came to question how the group writes and administers its exams.

    John Bridges was hired as ACFEI's president and chief executive in 2010 after decades in government, most recently as an administrator at the Federal Emergency Management Agency. He left ACFEI after just nine months, frustrated, he says, by the group's practices.

    "Based on my perception of what went on related to standards and quality, it operated like a certification mill," he said.

    Though ACFEI offers both basic courses and more advanced, specialized certificates, Bridges said, its exams are designed so that anyone can pass. He put the failure rate at less than 1 percent.

    "If you want to be validated by somebody," Bridges said, "this organization will validate you."

    O'Block initially said that ACFEI did not keep pass/fail rates for its exams. Later, the group's attorney said it did keep such statistics, but he did not provide them upon request.

    Other former employees said it was routine for low-level staffers to write exams for ACFEI and its related organizations based on textbooks in subject areas in which they had no expertise.

    Tania Miller worked for six months as chief association officer for the American Psychotherapy Association, an ACFEI sister group, beginning in fall 2010. A few weeks into her job, she said, she was asked to author an exam to certify forensic counselors. Miller's background was in marketing and graphic design. She said she declined to write the exam. ACFEI did not respond to questions about Miller.

    The Forensic Consultant test I took focused primarily on rules of evidence and courtroom procedure. Some questions required specialized knowledge (i.e., Which rule is known as the "Admissibility of Expert Testimony" rule in the Federal Rules of Evidence? Answer: 702), but ACFEI's study packets helped me fill in the blanks, making it basically an open-book exam. The rest of the questions relied largely on common sense (i.e., When providing testimony, which of the following should you NOT do? Answer: Cross your arms and joke with the jury.)

    ACFEI did not answer questions about what level of expertise it requires of those who write its exams. According to its catalog, some of the exams are authored by prominent specialists, including Wecht.

    O'Block vehemently denies that ACFEI is a diploma mill, saying the group has thousands of satisfied members. He has filed five lawsuits in the last year against individuals — mostly bloggers — who have posted statements O'Block claims are defamatory about his organizations. One is pending. The others have been dismissed by courts or at the parties' request after bloggers agreed to take down posts.

    Wecht, whose signature appears on some ACFEI certificates (including mine), said he didn't know how applicants did on the group's tests, but emphasized that the group's program is mostly about fostering enthusiasm for the field.

    "The purpose of the organization is to encourage people who are interested in forensic science to learn more, to study more," he said.

    * * *

    To critics, the greatest concern about ACFEI is the potential that the organization is giving legitimacy to expert witnesses who don't warrant it. 

    Among the thousands of people that ACFEI has certified is one particularly controversial expert in forensic pathology: Dr. Steven Hayne.

    Hayne, the longtime pathologist for the state of Mississippi, performed the autopsies in two shocking 1990s cases in which three-year-old girls were abducted, sexually assaulted and murdered.

    In both cases, Hayne testified he had observed bite marks on the young girls. He said he had called in a forensic dentist who confirmed that the marks were human and matched them to dental impressions from the defendants in each case. These findings aided in the convictions of Levon Brooks for the first murder and of Kennedy Brewer for the second. Brooks was sentenced to life in prison. Brewer was sentenced to death.

    After the men spent more than 30 years combined incarcerated, the Innocence Project recovered DNA evidence that led investigators to the real killer. He confessed to both crimes, but denied biting the victims.

    Hayne no longer conducts autopsies for the state, but continues to give testimony as an expert witness. Testifying in March 2010 in Lamar County Circuit Court, Hayne was asked what board certifications he held. "I'm board certified in anatomic pathology, clinical pathology, forensic pathology and forensic medicine," he replied.

    Hayne has credentials in anatomic and clinical pathology from the American Board of Pathology, considered the gold standard, but not in forensic pathology, the branch of medicine focused on the mechanics of death. For that, he cites his Certified Forensic Physician credential from ACFEI and certification in forensic pathology from the American Academy of Neurological and Orthopaedic Surgeons.

    When attorneys for the Innocence Project submitted a wide-ranging complaint about Hayne to the Mississippi board of licensure, they cited Hayne's reliance on these organizations to allege he had misrepresented his credentials.

    "Certification by these organizations is not at all what the medical community and public understand when a doctor claims to be 'board certified,'" the complaint said, referring to ACFEI and the other group.

    Citing ongoing litigation, Hayne declined to be interviewed by ProPublica and PBS "Frontline" beyond confirming that he is certified by ACFEI. He has sued the Innocence Project for defamation in the U.S. District Court for the Southern District of Mississippi.

    Wecht acknowledged he knew of Hayne by reputation, but told ProPublica and PBS "Frontline" that he had not known Hayne was certified by ACFEI.

    * * *

    In its 2009 report, the National Academy of Sciences called for several measures to address systemic flaws involving forensic examiners and expert testimony.

    Certification should be mandatory for forensics professionals and should be overseen by a centralized credentialing agency, the report said.

    One of the report's primary authors, Harry T. Edwards -- a federal appeals court judge for the District of Columbia – said these changes were critical to imposing rigorous standards on the field. 

    "There are certifiers, but it's not what you and I are talking about -- that is, real certification programs that train, give serious tests and will revoke your license and affect your job and ability to testify in the event that you do something wrong or fail," Edwards said in an interview. "That doesn't exist now."

    Despite the controversies that dog it, ACFEI may aspire to fill that role. In a promotional video filmed after the NAS report's release, Wecht said its findings presented the group with a unique opportunity.

    "We can play a role, the challenge has been issued," he said. "The NAS report can be a blessing to our organization."

    I've never tested whether my $495 forensic consultant credential from ACFEI would carry any weight on the witness stand.

    Asked about my certification, O'Block responded this way:

    "Congratulate Leah for passing the CFC," he wrote in an August 2011 email. "That course was designed as entry level to educate professionals about the justice system."

    Wecht said he doubted that having the certificate on my resume would be enough to persuade a court to allow me to give expert testimony. Any decent lawyer, he said, could easily cast doubt upon my qualifications.

    "A kid right out of law school would say, ‘Ma'am, just exactly what is your training?'" Wecht said. "The point I'm making, you see, is that that piece of paper doesn't mean that much."

    Leah Bartos graduated from UC Berkeley Graduate School of Journalism in May 2011. Since then, she's been a reporter-in-residence at the Investigative Reporting Program at UC Berkeley.

    

    This story was co-published with PBS Frontline. Andrés Cediel, the producer of PBS Frontline's "The Real CSI" and Lowell Bergman, the film's correspondent, contributed to this report.

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    -_- That's my shocked face.

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