Productive Work Environments Do not Happen by Chance

You know, its almost like some employers want to be sued.  Or, they want strife of some sort.  I once had seven women come see me about their job.  As I listened to the ladies, I realized their claims were less about discrimination and more about horrible working conditions.  They worked in a small office.  The windows were adorned with wooden blinds.  The office manager, also the wife of the owner, would insist that the blinds be turned so they were pointing up.  At some point, after thinking about that, I asked the potential client which way is up?  How does one know whether a blind is pointed up or down?  The potential client did not know.  Coffee was curtailed for months.  Antique items on the desks had to stay in the same place everyday.  Visitors to the restroom were allotted three squares of TP per visit.  The office manager would draw a line on the TP to monitor. 

Another potential client once told me how she worked 20 years at the same place.  No one was allowed to go out to lunch with a co-worker.  Ever.  Not surprisingly, that place had little interaction at work.  The sales clerks were expected to work all day with no "water cooler gossip."  No birthday cakes ever graced the halls of that place of employment. 

Apart from more important job issues such as discrimination, opposition to discriminatory practices, etc.,  should we not be concerned about productive working environments?  Are workers doing their best when they are under this sort of stress?  After so many years in the Army, I think i can often tell the good places to work.  The good places are the ones where I, as a customer, can walk in and chat with whoever is at the counter.  if the counter clerk frowns, or grumbles unnecessarily, I know this is probably not a happy place.  This little test always worked for me when i would visit a new unit in the Army.  If the low man on the totem pole would not chat with me, i knew this was probably not a good place to be. 

The person with the least amount of prestige gets the bad stuff.  It all rolls down hill.  If that little guy feels empowered to talk with a stranger, then that is a worker who feels s/he is accomplishing things at work. S/he feels valued.  Such a worker will perform at his best even under stress.  Workers at the place where they are essentially not allowed to chat with each other will not.  Business will suffer.  

In the Army, our Super Bowl is war.  That's how it is.  We train for years for the Big Dance.  When I was in Iraq, my little test held true.  if the low man on the ladder would chat with the occasional visitor, then that was a good unit and they would perform well in a time of high stress.  When we first arrived in Iraq, we replaced another Civl Affairs battalion.  That prior unit had very low morale.  They had endured a miserable 12 months in Iraq, replete with Congressional investigations, IG investigations and EEO complaints.

I remember when I first arrived with a group of other senior officers and Non-Commissioned officers from my unit, the 445th CA battalion, the commander of the messed-up unit, walked right past us, without a word.  One would have expected he and all of his outgoing battalion would have been thrilled to see us.  They could not leave Iraq until we arrived and transitioned to replace them.  But, there we were, some half dozen of us, fresh in country and he walks past us without a word of greeting.  Things got worse after that.  We had to live and work with those outgoing folks for two weeks.  Almost all of their people were very hard to work with . . . almost as if they hated their jobs and hated being there.  Their commander was not the low man on the ladder, but my little test still seemed to work.  It worked at the Big Dance and it works here at home, too. 

More Sectarian Strife in Iraq

I spent twelve months in Iraq.  We taught and coached Iraqis on the finer points of democracy.  I served with some 140,000 other soldiers and service members.  As soldiers, I thought we did pretty well under the circumstances.  For a country long accustomed to strong central governance, there was visible progress on their ability to govern themselves.  But, we could not teach them tolerance.  

I know our presence, our money, our training served as a brake on their worse instincts.  We did solve some problems at the time by asking U.S. Army higher-ups to exert pressure on Iraqi higher-ups.  The U.S. Army is gone, now.  The Iraqis must apply their own brake now.

Sectarian strife is rising again.  See CBS news report.  Someone, surely Sunnis or Al Qaeda, are attacking the Shiites, again, as they simply proceed to holy sites on holy days.  As before, I am sure Al Qaeda or its allies, seek to provoke Shiite reprisal for reasons best known to the terrorists.

Its a place where the tension is just below the surface.  The Sunni-Shiite differences are superficial, in my opinion.  The Shiite revere past Imams.  The Sunnis do not appreciate their clergy in the same way.  These and other reasons separate the two Muslim sects.  They worship differently, yet they worship the same god.  U.S. citizens may not believe it, but many, a great many Muslims are very gentle and decent.  It is unfortunate that extremists of both sects can generate so much violence so easily. 

At a Army Reserve school many years ago, our instructor was a college professor in his civilian life. In his civilian job, he was visiting science colleagues in Malaysia.  In Malaysia, they have a large ethnic Chinese community.  The Malays and Chinese do not get along there, either.  The Reserve instructor, a Lieutenant-Colonel, told us how he was driving somewhere with a Malay colleague.  The Lieutenant-Colonel saw a horrible car wreck.  A man was killed.  He remarked how bad it looked.  His Malay friend somehow recognized the victim as Chinese.  The Malay merely remarked, "good - one less Chinese."  The instructor was describing intolerance.  Not to diminish racial prejudice, he did want to put the issues of intolerance in a world perspective. 

As a civil rights lawyer, I see racial and religious intolerance frequently.  But, thank goodness, our intolerance is nothing like the intolerance we see in elsewhere in the world.  I cannot help but think that our mechanisms, such as the Civil Rights Act of 1964 have done much to relieve the pressure of intolerance and hate.  I left Iraq very appreciative of our country and all that we have.  

Christmas in a War Zone

I first wrote this a couple of Christmases ago.  It still seems to resonate.  Every Christmas, I look back to my Christmas in Iraq, some six years ago.  I served as a Civil Affairs officer supervising a staff of 3.  In the war zone, everyday is a work day.  On Christmas Eve, we worked a full day.  After duty hours, my unit attended a barbacue put on by our sister Psychological Operations Company.  Our unit theme was Pirates, so we all wore our Pirate accoutrements.  For most of us, that meant simply wearing an eye patch.  But, our unit First Sergeant, supported by a resourceful spouse back home, came in full Pirate regalia, from mock boots to a beard and plastic sword.  Santa appeared, looking quite jolly.  The beverage of choice was some tasty fake beer from Germany.  We enjoyed each other's company.  We were a family away from our real families.  We, some 40 of us, shared a bond forged in training and honed going outside the wire, knowing who we could rely on and who we could not.  We had made it this far, with no casualties.  It was a small celebration of life and duty in a far away country. 

Some of our Iraqi interpreters joined us, not needing to understand the occasion.  Even though they were mostly Moslem, they all seemed to understand the spirit of the celebration. 

Christmas day 2005 was quiet fortunately.  My staff section was able to take most of the day off.  I checked email and then went to Mass.   Mass in a war zone is sublime.  Life is reduced to its essentials.  Church was warm and comforting.  The Christian spirit filled the generic old Iraqi government building.  Light streamed into our little chapel, our rifles at our feet.  The Army priest was one of us, sharing our risks and hopes. 

Later, I joined some friends to watch a movie (Christmas Vacation) set up on a laptop and screen.  We split among the four of us a box of chocolate liquers, the first alcholic "drink" I had had in many months.  

But, the best part was simply being off for much of the day.  No responsibility, no fires to put out, no urgent issues, no staff sections to cross swords with.  It was a lovely day, amidst stress, worry and fear.  

I love Christmas and all it stands for.  But, perhaps no stateside Christmas will approach Christmas in a war zone for its simplicity and purity.  

Million Dollar Verdict for Veteran Overturned

The Sixth Circuit has rendered a decision regarding a veteran who sued under the Rehabilitation Act of 1973, 29 U.S.C. §791.  The Rehab act applies to federal employees who have disabilities.  The Americans with Disabilities Act was based in large part on the Rehab Act.  In this Sixth Circuit decision, the appellate court affirmed the lower court's finding tossing out a $4.4 million verdict and instead, requiring Mr. McKelvey to return to his job at higher pay.  See the appellate court decision

James McKelvey lost a hand in Iraq in 2004.  He was trying to defuse a roadside bomb.  He was hired by the Tank Automotive and Armaments Command (TACOM) in 2006.  According to the evidence at trial, his supervisor and co-workers began to ridicule him.  They called him "lefty" and "cripple."  He was excluded from meetings. His supervisor assigned him menial assignments and less of it than his co-workers, even though they were "slammed" with work.  The worker complained.  His supervisor and another worker then began referring to him as a "f---ing cripple."  He went to EEO, who encouraged Mr. McKelvey to file a written complaint.  But, the veteran tried to work it out on his own.  The taunting worsened, coming every week. The employee filed a written complaint.  The atmosphere did improve somwhat.

Mr. McKelvey continued looking for a new job somewhere else.  He complained to the garrison commander in January, 2007, who told him he should just look elsewhere for a new job.  Mr. McKelvey found a new job in February, 2007 and quit his job with TACOM.  He filed suit later in October, saying he had been discriminated against.  

Two claims were dismissed or dropped.  He went to trial on the hostile work environment claim and the constructive discharge claim.  A jury found in his favor and awarded him $4.4 million as lost future pay on the constructive discharge claim.  The jury awarded no compensatory damages on the hostile work environment claim. 

After the trial ended, the employer, the Secretary of the Army, filed a motion attacking the findings.  The trial judge found in favor of the employer, finding insufficient evidence to support the constructive discharge claim.  The trial judge found that in the alternative, the proper remedy for constructive discharge is reinstatement to his old job, not future pay. 

So, on appeal, the Sixth Circuit agreed that the proper remedy for constructive discharge is reinstatement.  The legal standard for constructive discharge is that the working conditions are so bad that the employee feels compelled to resign.  The appellate court found that the conditions were very bad.  For some nine months, he was taunted and assigned menial jobs.  The garrison commander warned him to find a new job if he did not like the one he had.  The appellate court essentially found even with the interlude of better conditions, the employee did quit soon enough to satisfy the definition of "constructive discharge."  

But, regarding the front pay, the appellate court found that reinstatement is the preferred remedy.  Reinstatement should be granted in the "ordinary" case, said the three judge panel.  The appeals court said the Army had offered Mr. McKelvey a new job at higher pay under new supervisors.  The court dismissed the plaintiff's argument that returning would be traumatic.  The court said the veteran would be working with four of six new co-workers and new supervisors.  

It is extremely rare for a trial judge to order reinstatement.  Very rarely does any employer want a worker back who has filed suit.  Just as rare is an employee who wants to go back to a poisonous atmosphere.  The point of future pay is to avoid poisonous work situations.  The court may have been more concerned about the large amount of future pay than the award of future pay itself. 

Those of us who deal with such high stress work situations frequently must wonder about the wisdom of sending Mr. McKelvey back to that job.  His lawsuit has, I am sure, attracted a lot of attention.  Emotions will be very high on both sides if/when he goes back to TACOM. 

Mr. McKelvey will receive some $100,000 in lost pay due to the higher salary.  But, I am sure he is extremely anxious about going back to where he was harassed so badly.  Constructive discharge cases are very difficult.  Courts rarely find that working conditions are so bad that a reasonable employee would feel compelled to resign.  In some ways, he is fortunate to have won a very hard claim to make.  But, as they say, be careful what you seek, because you just might get it.  The plaintiff may appeal by asking the full panel of appellate court judges to hear his appeal. 

LCPL Schmidt Laid to Rest

Six years ago, I was sitting at a desk at FOB Danger, Iraq processing applications for CERP funds.  Periodically, I would go "outside the wire" to look at ongoing reconstruction projects.  I was one of some 150,000 soldiers, sailors, Marines and Airmen serving our country.  We served on a large team, my brothers and sisters in the service.  Now, we lose another, LCPL Ben Schmidt.  Cheered at football games long after graduation, he apparently charmed many.  He designated Texas Christian University to receive his military life insurance money - to set up a scholarship.  He was an extraordinary young man.  See San Antonio Express News report

He shunned killing, yet returned for another tour with his fellow Marines.  He went, as many of us did, to look out for our brothers and sisters on the big team.  

Some 140,000 men and women are serving in Afghanistan.  Another 40,000 or so in Iraq.  Men and women die everyday in one of those two wars.  Does anyone notice?  Here in San Antonio, we notice the passing and huge loss of LCPL Schmidt.  But, even here in Military City, USA, will we notice the loss of other Marines next week from some other town?  Some time back, a First Lieutenant asked if we cared.  See my prior post.  He just wanted us to take notice of the troops serving overseas.  I hope we do......

9/11 Changed Our Lives

It has been ten years since 9/11.  That was a huge day for millions of Americans.  9/11 lead directly or indirectly to the two wars in Iraq and Afghanistan.  For those of us in the military or formerly in the military, 9/11 marks the starting point of multiple deployments, moves, new jobs, lives changed, and more. Thousands of service members have been physically and mentally wounded.  The San Antonio Express News describes some of the wounded warriors here.  

When I was in Iraq in 2005, we served with soldiers from the 42d Infantry Division, New York National Guard.  Many of those soldiers had been on active duty since 9/11.  They were activated immediately after 9/11 and stayed on active duty through 2005.  They secured New York City from possible additional attack and they combed the rooftops of the city for fragments of persons and belongings from the twin towers attack.  The 42d understood the 9/11 attacks in ways the rest of us never will. 

The 42d has a history. Their division patch or emblem is a rainbow, worn on the left sleeve.   They lost half their division in World War I.  The story goes that the Division chief of staff at the time, Douglas MacArthur, future WW II general, cut the patch in half, to commemorate the lost half.  To this day, the 42d ID wears half a rainbow on its left shoulder.  In 2005, they had more reason to remember.  So, their slogan in 2005 was "Rainbow, never forget."  

Slogans in the military are officially something a soldier says to another when rendering a salute.  It becomes a greeting, a closure to meetings, a summary of what the military unit believes in.  Over time, I came to appreciate the meaning of the 42d ID slogan more and more. 

So, on this day, let us join the 42d in saying, "Rainbow, never forget." 

San Antonio Soldier Killed in Iraq

A soldier from San Antonio was killed in Iraq.  SGT Steven Talamantez was killed by indirect fire (mortar) in Maysan province of Iraq, a normally less violent province.  He was assigned to the 1st Cavalary Division out of Ft. Hood, Texas.  A graduate of McCollum High School in 1995, he worked in construction before joining the Army in 2008.  He left a wife and two children.  He said he loved the soldiers with whom he served.  See San Antonio Express News report. 

US District Judge Threatened

During the 1960's many federal judges had to seek safety because they enforced constitutional law regarding integration in Southern states.  These Southern judges did not necessarily advocate integration.  Instead, they were simply fulfilling their duty to enforce the law as it had already been decided by a higher court. 

Our own Judge Fred Biery has received many threats since he issued an order prohibiting prayer at a Medina High School graduation.  See San Antonio Express News report.  US Marshalls have placed him on 24/7 protection.  

I find this all ironic since based on what I read in the Express News, it appears to me that Judge Biery complied with the law on prayer in schools and he actually advised the school district on how to make their prayers more in line with the law.  Mention your personal belief, without calling on others to believe as you do, he advised.  He also suggested they avoid the words "benediction" and "convocation."  The school district took his advice and they later succeeded when they appealed to the Fifth Circuit Court of Appeals. 

Judges very rarely issue legal advice.  Judge Biery was clearly trying to help the plaintiffs.  For that, he must fear for his safety.  That is an issue in Iraq.  The judges there too often bend to pressure from well placed persons regarding terrorists.  Don't even mention Mexico and the state of their judiciary.  

We should be thankful for judges like Fred Biery.  I have no idea what Judge Biery's theology is.  But, I am sure he simply felt he was enforcing the law as it had already been decided by a higher court.  That is his duty as a US District Judge. 

San Antonio Soldier Killed in Iraq

SGT Glenn Sewell was killed in Iraq by an IED (Improvised Explosive Device).  SGT Sewell was assigned to the 1st Cavalry Division out of Ft. Hood.  He was described by his fellow soldiers as happy, quick with a joke and the life of the party.  He and another soldier were killed in Wasit Province, eastern Iraq, which has been a relatively safe province.  See San Antonio Express News report. 

SGT Sewell graduated from Judson High School where he played in the band and was know for his sense of humor.  He was said by family to love the Army.  

Memorial Day: Thank a Vet

 I published this last year.  A tribute to a friend and colleague we lost in Iraq. 

We all have different memories of Memorial Day.  Some remember hot dogs and trips to the lake.  Some remember a grandfather or uncle who served in World War II or Viet Nam.  I remember 1SGT Saenz.  We all met at Ft. Jackson on March 13, 2005.  We numbered a little over a hundred members of the  Individual Ready Reserve.  We reported to Ft. Jackson, South Carolina for in-processing and reintroduction to the US Army.  We knew we would be deploying to Iraq.  Then MSGT Saenz had a huge laugh and a booming voice.  He  laughed a lot.  

Those first few days, some Reservists were angry about being called up. Some were happy to serve from the get-go.  MSGT Saenz seemed pretty happy to be where he was, preparing for responsibility in a war zone.  Later, as I learned, he performed very well and inspired his soldiers.  

He died in the dusty streets of Baghdad.  We were all leaving Iraq in just a couple of weeks when his HMMWV was struck by an IED.  He was out on a convoy training members of the incoming unit.  Some of his regular team members were not with him on that run. He died doing what he did very well: serving others. 

We should all serve our country half as well as 1SGT Saenz.  Rest easy, Top.  You did well. 

http://www.arlingtoncemetery.net/cnsaenz.htm

Moslems Are No Different Than Christians

One of the major surprises for me after returning from twelve months in Iraq was the anti-Moslem bias in my country.  Now, five years later, I suppose that is to be expected.  Very few Americans know any Moslems.  And, of course, we are all very faimiliar with the eighteen murderous Moslems that attacked us on 9/11.  I served with some remarkable persons in Iraq who happened to be Moslem.  So, my perception is now different.  I flinch when I hear anti-Moselm rhetoric.  Moslem jokes are not funny to me.  And, I have disputed with several of my fellow citizens that Moslems are anymore violent than anyone else.  

No, I have not read the Koran.  I have been told that the Koran teaches Moslems to be violent.  A devout Christian friend has read the Koran in Arabic and says different.  Whatever.  As I have mentioned here before, I knew some wonderful persons in Iraq who happened to be Moslem.  In fact, we could not prosecute these two wars without some very brave and very decent Iraqis and Afghanis who happen to be Moslem.  

Egyptian society is roiling and turning.  Egypt has had a visible Christian minority for the last couple thousand years.  They have existed in uncertain peace with their Moslem neighbors.  With the current revolutionary fervor, one would expect religious strife.  One Christian church was burned when a romance between a Moslem girl and a Christian boy was discovered.  The boy and the girl were seen together.  The village elders decided the girl must die.  Her father refused.  Extremists killed him and strife began.  At some point, the extremists believed the boy was in a Christian church called Soul.  The Moslem extremists burned down the church.  

 Christians had been protesting already.  They protested more when this one church was burned.  One or two leading Moslem clerics supported the Christians and denounced the church burning.  The Egyptian Army promised to rebuild the church.  Moslems came to the Christian protests to say they supported the Christians.

At a memorial service, a Coptic Christian priest said the Muslims and Christians are brothers.  See NPR news report.  The priest himself stopped a Christian from seeking revenge at a prior protest.  Moslems cannot be categorized anymore than Christians can be. 

San Antonio Airman Dies in Iraq

San Antonio Airman Corey C. Owens died in a non-combat related incident in Iraq.  He was assigned to Laughlin AFB in Texas and listed San Antonio as his home town.  See news report

Remember the Victims of the Two Wars

I live in San Antonio.  My home is perhaps 5 miles from the military's premier burn center at Ft. Sam Houston, Texas.  And, as most readers know, I am an Iraq vet.  So, the article by Scott Stroud regarding the burn unit resonates with me.  See San Antonio Express News story.  It is a moving account written by a captain in the unit.  The medical folks at Ft. Sam endure their own combat stress treating those of us who get injured in the two wars.

It is the nature of the two wars and a reflection of our improved care that we will see many burn victims.  You will see them.  They will have disfigured skin all over their body.  They require constant care for the rest of their lives.  My son recoils when he sees these victims.  But, when I see them, i see brave soldiers.  One young sergeant came to my church there at Ft. Sam most Sundays with his wife and three children.  It is hard to judge age when the skin is so disfigured, but I guessed him to be in late 30's, perhaps a Sergeant First Class.  The children seemed happy, his wife always smiling.  He left the Army after a few months and moved to San Diego.  I am sure he received a disability retirement.  In my eyes, he had no disability.  

Remember our brothers and sisters who have suffered horribly.  Be respectful when you see a man or woman with disfigured skin.  They may have given up their "good looks" for you and I. 

36th Division Deploys to Iraq

In a historic deployment, the Texas National Guard 36th Infantry Division headquarters is deploying to southern Iraq.  See San Antonio Express News report.  This will be one of the very few times since World War II that a Guard headquarters has commanded active duty troops.  The first time since WWII occurred when when the 36th Division headquarters  deployed to Bosnia in the late 1990's. The second was when the 42 Infantry Division headquarters, New York state Guard, deployed to Iraq.  I served in Iraq with the New York boys.  They were good soldiers.  

Now, in the seventh or eighth year of the war, many Guardsmen and Guardswomen have served multiple tours.  They serve with no regrets.  The 36th Headquarters will sit in Basra, a city that has been relatively stable in the past year or so.  The headquarters staff include some 800 senior officers, non-commissioned officers and enlisted personnel.  

Because it is a Guard unit, you get a wide variety of ages, from 19 years old to 59.  The staff also includes seven married couples.  The news report does not mention other families, but since this is a Guard unit, I am sure there are a few father and son/daughter combinations and siblings serving on staff.  When I was In Iraq, I worked with a female warrant officer very closely.  Her son also deployed as an Infantryman.  The warrant officer, Tammy Kostoff from idaho and I went to Kirkuk for operational reasons.  She visited her son while we were there.  He got in the back of a HMMWV with his buddies and said bye.  CW3 Kostoff told him "I love you."  As he drove off, I teased her and said, "don't say that in front of his buddies."  She laughed and said, no, they all know me."  

CW3 Kostoff was originally not slated to go to Iraq back in 2004.  But, since her son was alerted, she wanted to deploy with him.  She had to trade staff positions with another officer to find a way to go. 

There was a CW2 in the 42 ID.  The story he shared with me was that he was a Leiutenant-Colonel in Field Artillery.   He left the 42 ID awhile to attend training.  When he returned, he was supposed to command the Division Field Artillery and deploy with the 42 ID to Iraq.  That would have resulted in promotion to full Colonel. 

But, while he was gone, they put someone else in his position.  He was determined to deploy with his unit.  So, he resigned his commission and got some deal where he was made a Chief Warrant Officer instantly and deployed with the 42 ID.  He was a pleasure to serve with.  He never acted like he should have been a colonel.  He was just a good soldier, serving with little recognition for making a big sacrifice. 

Guard soldiers bring a unique skill set to the current wars.  Our civilian skills are as important as our military skills.  The two wars require killing, of course.  But, the path to victory depends more on public relations than killing bad guys.  We win when the Iraqis and Afghanis have enough faith in their governments to not support the rebels. 

So, backgrounds in running a small business, farming, or preparing statements of work for a project are critical in today's wars.  When the 42 ID left, they were replaced by an active duty division headquarters, the 101st Division.  We had a lot of money to spend on projects.  We invested in projects to improve the Iraqi infrastructure.  These projects helped make the area more secure and showed the Iraqis we were not there simply to colonize them.  

My new boss, the 101st Division Chief of Staff was a tough Colonel from the Ranger regiment.  Soft-spoken, but very direct and smart as a whip.  I was describing the process of obtaining bids for projects.  I explained that one to two weeks was not enough time to solicit bids.  To obtain a bid from Iraqi contractors, our officers would communicate usually via email.  Contractors would respond when they would respond.  We were in a constrained environment, but we still expected detailed statements or work from the contractors.  Of course, being Iraqi, they would have to get the SOW's translated into English.  So, the process was lengthy. 

These projects typically cost $15-50,000.  After I finished explaining, the Colonel, said no, one or two weeks is enough.  No debate, no question.  He had heard enough.  The colonel had only been in country a few weeks himself and in the "saddle" running this sector for one or two weeks.  I had been there for six months.  Surprised, i then realized he has probably never even seen a statement of work.  Being a very busy career officer, he he may have only purchased a home once or twice in his career, moving every 2-3 years.  He had no idea what was involved in preparing bid packages.  I never had that trouble with the Guard guys and gals from New York.  One of the key civil affairs lieutenant-colonels with the 42 ID had his own plumbing business.  Another key senior officer was a stock broker on Wall Street.  They knew what it took to run a business.  The active duty guys had no first hand experience.  

Go Guard!

Give Thanks for our Service Members

On this day of thanks, I ask that we think about 150,000 Americans serving in Afghanistan and 50,000 serving in Iraq.  They work everyday.  They risk their lives everyday for us.  Some of us may question the value of the two wars.  Some soldiers, marines, airmen and sailors might agree.  But, they serve all the same.  They perform their duty everyday not for fame, not for reward.  Recognition is important to them, but that is not why they serve.  They perform their duties because they feel a strong duty toward their fellow soldiers and toward us, the folks back home. 

Give thanks that after 235 years, we still have soldiers and service members who still step forward, who still do their duty even when they are not always remembered as closely as we could.  We are fortunate to have the traditions and culture we do.  Many other countries lack that sense of duty.  Iraqi service members go home for about a week every month to take home their pay.  Many do not return to duty.  When they are on duty, many turn away from challenges with a shrug and a barely audible "en sha'ala."  

It is said that part of the reason for the fall of the Roman empire was that after hundreds of years, the Roman citizens lost their willingness to fight for their country.  The army was populated mostly by non-citizens who in the end, would not resist the invaders.  if so, we are a long way from that. 

I served briefly in a drill sergeant unit.  I loved seeing those young, fresh faced soldiers taking on much more than they really understood.  They still volunteer.  They reflect us and what we have made of this wonderful  country.  Let us give thanks. 

SSGT Giunta Accepts the Award on Behalf of All Service Members

SSGT Giunta is awarded the Congressional Medal of Honor.  See news report.  He teared up when he described his receipt of the award.  He said he did not deserve it and that he was only a "mediocre" soldier.  I am sure that he does deserve it.  But, it is true that he did what many soldiers would have done and have done.  

Civilians who have never served do not appreciate the selflessness that serving in the armed forces instills.  We are taught to be a member of a team and to not seek personal recognition.  The few soldiers who do seek personal recognition are often shunned or become the subject of jokes.  "There is no 'I' in the word team."  How many times have I heard that during training or in Army schools??   

When I was young, I remember a few World War II vets who shunned the spotlight. Certifiable heroes, they nevertheless avoided recognition.  Now, I understand why.  To seek what we were taught to avoid would undermine everything we fought and bled for. 

For those not familiar, SSGT Giunta's squad was caught in an L-shaped ambush.  It was well executed and well planned.  Giunta and his squad was pinned down.  Two soldiers were forward of the rest and were exposed in the open, with no cover.  One was wounded badly, SGT Brennan. Brennan and Giunta were close friends.  In the dim light, Giunta could see that two Taliban fighters were dragging Brennan away.  Giunta got up, exposing himself to heavy enemy fire and advanced, tossed a grenade and shooting.  He shot one Taliban and the other retreated.  SSGT Giunta rescued his dying friend and pulled him back to safety.  Brennan died soon after.  But, Brennnan died knowing he was back with his buddies.  SSGT Giunta's attack broke up the ambush. The Taliban retreated. 

When you serve and especially when you deploy, your military unit becomes your family.  I would have given my life for my buddies readily, as they would have for me.  SSGT Giunta is right that his actions are not all that uncommon.  He is also right that he accepts the award for every soldier, marine, airman and sailor who was ready to do what he did.  He stands for us all in many ways. 

But, SSGT Giunta is also the best of us.  We are not all selfless or as selfless as we should be when we serve.  When many Iraq/Afghanistan vets return home, many come back angry.  Angry at those few instances when some soldier acted for his/her self interest and needlessly added to the ever present risk in a war zone.  

SSGT Giunta reminds us all how it should be.  He is the best of us.  

This Generation Has Heroes, Too

 I published this entry for Vets Day in 2009.  As modified for 2010: 

Today comes another Veteran’s Day.  Many of us recall a grandfather who served or an uncle who endured.  But, as Pres. Obama noted in 2009, the same service we grew up hearing about occurs today, everyday.  The 13 who were killed at Ft. Hood exemplify the hundreds of thousands who have endured in this generation’s two wars. 

CW2 (Ret) Cahill was killed at the age of 62.  Retired, he came back to Ft. Hood to serve those deploying and returning.  When I went to Iraq in 2005, many of those appearing with me at Ft. Jackson, South Carolina were retirees who volunteered to come back to active service and lend a hand. 

After retiring as a major with service in the National Guard, CPT Gaffaney persisted for three years in his attempts to return to the Guard as a psychiatric nurse, his civilian occupation.  Hampered by a hearing deficit, he pushed to serve.  He finally returned for a second career as a Reserve officer.  When I reported to Ft. Jackson in 2005, we had one Lieutenant-Colonel, who pushed and pushed for two weeks to be sent to Iraq.  He had diabetes.  He swore that his meds could be obtained in Iraq.  But, the medical folks at Ft. Jackson did not believe him and would not let him go.

When I was in Iraq in 2005-06, I went on a mission to visit some significant Iraqi officials.  On that convoy was a young female NCO.  She had graduated from college right after 9/11 with an engineering degree.  She joined the Army as an enlisted person and became an intelligence analyst, a very good one.  Here she was going outside the wire to collect intelligence.  She could have been anywhere that day, but she chose to be in Iraq, risking IED’s and more to collect critical information first hand. 

Pres. Obama said in 2009: "You may remember the stories of a grandfather who marched across Europe; an uncle who fought in Viet Nam; a sister who served in the Gulf.  But as we honor the many graduates who have served --  all of us -- every single American - - must acknowledge that this generation has more than proved itself the equal of those who've come before." 

In 2005, the large group of us, some 100 of us, were sent to California after Ft. Jackson.  We were to marry up with our Civil Affairs units and conduct train.  We had seven "full bird" Colonels in our group.  A sharp, able bunch.  The Civil Affairs brigade called them to a meeting.  The brigade told the Colonels, " we have some good news for you, we do not need you and you can go home."  The Colonels responded, "no, you called us from our civilian jobs, you must take us.  We are here to serve and we will serve."  One or two had contacts at the Pentagon.  They pressured the Civil Affairs Brigade to take them and put them to work.  They refused to be sent home.  All seven served their tours with distinction.

Pres. Obama: “We need not look to the past for greatness, because it is before our very eyes.” 

I served as Commander of a drill sergeant battalion in 2007.  I could not help but notice how many fine young people were volunteering for service during a time of two wars.  Today's soldiers, marines, airmen and sailors accept the same risks their grandfathers and fathers accepted.  A couple of the drill sergeants mentioned in briefings that they had to respect the young soldiers joining now in time of war.  

Pres. Obama: ". . .  here is what you must know: Your loved ones endure throughout the life of our nation.  Their memory wil be honored in the places they lived and by the people they touched. Their life's work is our security, and the freedom that we all too often take for granted. Every evening that the sun sets on a tranquil town; every dawn that a flag is unfurled; every moment that an American enjoys life, liberty and the pursuit of happiness -- that is their legacy.”

When I entered the military in the 1980's, older citizens would question our generation.  Would they serve as the "Greatest Generation" served in the 1940's?  Yes, they have, we have, over and over.  

Thank a vet today for his/her service.  

 

 

Free Speech Case A Difficult One for the US Supreme Court

I served in Iraq for a year and devoted 28 years of my life (mostly part-time as a Reservist) to the military. So, seeing signs like "Thank God for Dead Soldiers" at a funeral for a dead soldier angers me beyond belief.  See news report.  I cannot understand a church that openly, proudly protests at many, many funerals for service members killed in the two wars.  I practice civil rights law, so have some understanding of civil rights.  The First Amendment is a critical part of our laws and heritage.

The First Amendment has rarely been limited.  The most well known limitation came in a 1919 case, Schenk v. United States, in which Justice Oliver Wendell Holmes said that falsely yelling fire in a crowded theater was not protected speech.  See court opinion.  Justice Holmes offered this as an example of speech that would not protected by the 1st Amendment.  

This Westboro Baptist church case will be very difficult for the Supreme Court to decide.  Albert Snyder, the father of the slain soldier, Michael Snyder, rightly points out that this church took away his right to a private, mournful funeral.  Even though, the funeral procession was guided away from the protesters and the protesters were done by the time the funeral started, the father became aware of the protest within a month when he was researching his son's death on the internet.  He sued the church for intentional infliction of emotional distress and was eventually awarded $5 million in damages.  The court of appeals overturned the verdict saying the church was exercising its right to free expression. 

Now, the appeal is before the US Supreme Court.  In oral arguments today, the justices indicated they were having trouble with this case.  What are the limits of free speech?  Free speech cannot be based on popularity.   There is no need for a government protection for popular speech.  It is the unpopular speech that needs protection. 

The Schenk decision indicated that one limit would be public harm.  Free speech should not extend to speech which causes panic and endangers lives.  It seems to me that some speech can be so provocative that it endangers lives.  But, I am told by those more learned in First Amendment cases that the Supreme Court has already rejected that attempt to limit free speech.  Recall the case concerning the Neo-Nazis who appealed and won their right to march in a Jewish neighborhood in Chicago.  Their march was also likely to provoke violence, but the Supreme Court, I am told, rejected that argument.  

I am sure the tiny Westboro Baptist church is concerned for their own safety.  They may be the most unpopular church in America.  In this case, I have to speak more as a former soldier.  If they picketed the funeral of one of my soldiers, I would not wait for any lawsuit to take appropriate action.  

Texas Education Board Passes Anti-Islam Resolution

 I try to talk on this forum about employment issues and discrimination in general.  Since I am an Iraq veteran, I also discuss the war from time to time, typically simply to note the death of a local soldier killed in Iraq or Afghanistan.  So, when a local governmental entity itself expresses some form of prejudice, I cannot help but notice.  The Texas Board of Education has passed a resolution to limit references to Islam in future textbooks.  The resolution probably has little binding effect on future boards.  See report.  

But, it sends a message.  I fear the message is that Islam itself is "bad," not just the jihadist extremists.   If the TBOE message is that Christianity is good, I agree.  But, I wonder why do we need that particular message for an agency that chooses text books?

When I returned from the Iraq war in 2006, I could not help but notice some anti-Islam comments here at home in the US.  In Iraq, I served with many Iraqi interpreters.  They took the same risks we did.  Indeed, they probably took more risks, since their families were exposed in ways ours never would be.  And, of course, as some readers know, my interpreter, Salma, was killed shortly after I left the country.  When Ansar Al-Sunna killed her, they warned all other translators working with the US to leave their jobs before "we get you."  Yes, the Ansa Al-Sunna terrorists were very brave to attack and seize a five foot tall woman traveling the long, dusty road from Kirkuk to Tikrit.  

I have written here about an interpreter I refer to as Abdul.  Abdul was a wonderful person and very brave.  He was devout.  Salma was not particularly devout.  Like Christians, Moslems come in many flavors and varieties.  So, I have not been able to understand these broad generalizations about Moslems.  I am glad I will never have to explain these stereotypes to Salma.  But, I fear I might have to explain them to Abdul someday.  

Ironically, Abdul would probably smile, shrug and forgive.  The only Moslems who will profit from anti-Islam prejudice are Moslems like Al Qaeda and Ansar Al-Sunna.  The TBOE resolution is rather "cuckoo" as one member said.  Bit, it will surely aid the terrorist recruiters.  

Another Church Near Ground Zero

I do not understand.  I read polls saying Americans disfavor a mosque near Ground Zero and many Americans prefer not to have any mosque near their homes.  And, yet, I do understand.  If I had not spent 12 months in Iraq serving in the Army and working closely with several Iraqi, Moslem interpreters, I might understand all too well.  But, we are the sum of our experiences.  And, I did serve with some very decent, brave Iraqi, Moslem interpreters.  

I do not have a problem with having one more church, Moslem or not, near Ground Zero.  Once when I was in Iraq, the insurgents attacked and killed tens of worshipers on their way to a large Shiite mosque in Baghdad.  Some 60 people were killed.  I asked Salma, my interpreter, "so they were attacked while going to church?" I asked incredulous.  She nodded, yes.  It took me awhile to appreciate that to Moslems, a mosque is a church.   They are the same. The horror of attacking people for no greater crime than attending church is hard too fathom.  

Salma was not a devout Moslem.  But, I served with two interpreters who were very devout and who were very decent persons.  Their humility, strength, and kindness spoke to me as devout Christians. Yet, they were very Moslem.  

Salma was killed later by the same insurgents who killed many good soldiers.  Probably the same insurgents who killed her brother, a policeman, two years earlier.  Of the two devout Moslem interpreters I served with, one had to quit when the insurgents started to realize he worked for the US.  The other interpreter, I'll call him Abdul, had many, many issues with the insurgents.  Abdul tried to deal with them in "his way," but was ultimately unsuccessful.  He eventually had to flee Iraq.  

Abdul was special.  Once, the Iraqi lady who cleaned our offices came to work with another black eye.  This was not the first time.  Her husband was beating her.  My predecessor officers and NCO's respected her a great deal.  So, they asked Abdul to see if he could stop this.  The story I heard later when I got to country was that Abdul, usually a very kindly sort, hit the husband and told him if his wife came to work again with a black eye, Abdul would kill him. 

This was the same Abdul who would bow slightly whenever greeting someone and say "how are you sir" with the biggest smile.  Abdul was from good family.  He could have been doing anything, but he chose to risk his life and that of his family to better his country.  He never sought favor.  He never complained about the rare instance of rude, disrespectful treatment he received from one or two ignorant soldiers.  Whenever we asked, he would buy us good rugs at good prices in Baghdad.  

To me, like most Americans, I see Ground Zero as sacred ground, much like the Gettysburg battlefield or anywhere where Americans have perished in great numbers simply because they were Americans. 

So, yes, now, after my year in Iraq, I find it strange that some folks get worked up over having one more church, Moslem or otherwise, near Ground Zero.  Because, in my mind, I see people like Abdul worshipping at this or at some other mosque.  And, to me, that would be a good thing. 

The Promise

He served as a mechanic, the chief mechanic for his battalion.  He loved his job and was devoted to his unit.  As they trained and prepared to deploy to Iraq, he promised them.  He guaranteed no HMMWV would break down outside the wire.  That is a big promise to make.  He was an E7, a Sergeant First Class with over ten years in the Army.  He knew the HMMWV's in Iraq were hand-me-down's from five previous rotations.  They came with all sorts of mechanical issues.  But, the SFC knew his skills and he knew the capabilities of the mechanics he supervised.  He promised and he meant it.  

The SFC was dedicated.  He performed all the tasks he could, based on the firm belief that he would ask nothing of his soldiers he was not willing to do himself.  So, he lifted the 55 gallon drums with no hesitation.  He heard the disc pop when he incurred three herniated discs.  He was out of action for months, if not forever.  They took him to Germany, the nearest base with back specialists.  

Two weeks after he left Iraq, two of his HMMWV's broke down.  Two were killed.  Two were evacuated to Germany, where all the worst cases go.  It wasn't his promise anymore.  But, he felt responsible all the same. One of the KIA's was his buddy, Achmed, the Iraqi interpreter.  The E7 was angry, angry at the war, angry with himself for getting hurt when his unit needed him. 

The E7 worked hard everyday at BAMC, Ft. Sam Houston.  The promise was never far from his mind.  The doctors said he had more determination than anyone they had ever seen.  He should be a medical retirement, but he worked so hard.  The doctors did not know about the promise.  They did not know about Achmed.  The E7 never forgot either.  

A year later, he was close to full rehabilitation.  The doctors thought he was a medical miracle.  The wife knew.  She knew about the promise and about Achmed.  She wanted to shake him when he said he would transfer to the 101st or the 82d Divisions.  Both divisions would deploy very soon to Iraq and Afghanistan.  The wife knew why he wanted to transfer, why he wanted to deploy again. She wanted to shake him, sometimes.  But, she also understood.  That was why she loved him, because he always kept his promises.  

Iraqi Interpreter Killed by his Family

In Iraq and Afghanistan, Moslem interpreters help us everyday with the war effort.  Interpreters assume a special risk.  They are targeted whenever possible.  See report of an Iraqi interpreter who was killed in Samarra by his son and nephew.  His son and nephew are said to be members of Al-Qaeda.  Samarra is heavily Sunni, so this report could be true.  We could not carry on the war with any degree of success without these hundreds of interpreters.  

Muhsin said al-Daraji worked for us since 2003.  His family constantly urged him to stop working for Coalition Forces (ie, US forces).  See CBS news report.  That is probably too long to work for Coalition Forces.  The longer you work for us, the more you become a target.  My interpreter when I served in Iraq also worked for CF from the beginning.  She was caught, tortured and killed in 2006.  

Hundreds, thousands of other Iraqi and Afghans cooperate with us in a wide variety of ways.  They too become targets.  When I was in Iraq serving in the US Army, we had to meet with Iraqi contractors far away from prying eyes out in the desert somewhere.  That was for their safety, not ours. 

Yet, I continue to hear Americans claiming Islam is violent and all Moslems seek jihad against us.....

Memorial Day: Thank a Veteran

 We all have different memories of Memorial Day.  Some remember hot dogs and trips to the lake.  Some remember a grandfather or uncle who served in World War II or Viet Nam.  I remember 1SGT Saenz.  We all met at Ft. Jackson on March 13, 2005.  We numbered a little over a hundred members of the  Individual Ready Reserve.  We reported to Ft. Jackson, South Carolina for in-processing and reintroduction to the US Army.  We knew we would be deploying to Iraq.  Then MSGT Saenz had a huge laugh and a booming voice.  He smiled and laughed a lot.  

Those first few days, some Reservists were angry about being called up. Some were happy to serve from the get-go.  MSGT Saenz seemed pretty happy to be where he was, preparing for responsibility in a war zone.  Later, as I learned, he performed very well and inspired his soldiers.  

He died on the dusty streets of Baghdad.  We were all leaving Iraq in just a couple of weeks when his HMMWV was struck by an IED.  He was out on a convoy training members of the incoming unit.  Some of his regular team members were not with him on that run. He died doing what he did very well: serving others. 

We should all serve our country half as well as 1SGT Saenz.  Rest easy, Top.  You did well. 

http://www.arlingtoncemetery.net/cnsaenz.htm

Muslims Serve with Distinction

 I served one year in Iraq.  I and many of my comrades could not have survived without the service of hard-working Iraqi Muslims.  Since returning home, I have been a little surprised to hear the folks here at home denigrate all Muslims.  i cannot accept that.  Some perhaps, but not all.  The Moslems I knew in Iraq were amazing persons, who, I believe, were made better by their faith.  Not all, of course.  But, some yes.  I knew a few Muslims who displayed an amazing humility and decency.  It is no more true to say all Muslims do this or all Muslims do that than it is to say all Christians do this or all Christians do that.  

This is off topic from my normal employment and labor law post.  But, I do comment on the Iraq and Afghan vets.  It would not be fair to fail to mention the hard-working, devout Muslims I knew and enjoyed when I was there.  Those Iraqi interpreters were devoted to improving their country.  But, unlike us, the Iraqi interpreters cannot leave the violence after a year.  They go home to it everyday.  Iraqi interpreters often have to sneak their way home to avoid being discovered as US employees.  Those Iraqis serving with us are targeted like us.  But, unlike us, they cannot escape the violence. They are paid well.  But, no one risks his/her life time and again for mere money.  And, no one risks the lives of their families time and again for mere money.  

My former translator was captured, tortured and killed.  Her only crime was that she worked for us.   Other interpreters I knew were targeted in their homes and in their neighborhoods.  Almost all of our interpreters were Muslim.  None tried to kill me or any US soldier.  None of our interpreters ever tried to kill anyone.  Indirectly, however, they fought the good fight simply by interpreting for us and providing desperately needed cultural advice.  They risked all.  

The "bad guys" in Iraq, what we referred to as Anti-Iraq Forces, would love to obtain the names of our interpreters.  They hate the interpreters with a passion.  It is ironic that many in the US denigrate all Muslims, while the Muslims I knew were forced from their jobs due to threats or are dead because - simply they worked for us.  

Shooter Motivated by Islam?

 Early reports (always suspect) are that the shooter at the Ft. Hood massacre was motivated at least in part by some sort of Islam fervor.   See this post also.   But, his cousin was quoted as saying the shooter was very upset by the horrors of war.  Maj. Hassan counseled many soldiers at Walter Reed Army Hospital.   Through those soldiers, he apparently saw some of the horrors of the Iraq war.  I am sure the counselings had to play some role in the massacre.  As a few vets said in the Nov. 8 edition of the Express-News, something like this was sure to happen sooner or later.  

Still not told in this war is the toll it takes on soldiers, more so than past wars, such as WW II.  Suicides are way up in the Army now, at levels not seen since the end of the Viet Nam war.  The Army was much bigger then.  So, this is a large concern. 

 As I tried to explain to a friend, I do not doubt that "good" Moslems will condemn this massacre.  As Maj Hassan's Imam said, these are not the actions of a good Moslem, at all.  I know.  I served with a couple of truly amazing Moslems in Iraq.  If they were Christian, I would describe them as very, very Christian.  They displayed over the year I knew them a remarkable humility and kindness in the face of great risk and danger. 

Shortly after I left Iraq, my translator was tortured and killed for no greater crime than she worked for the USA. Everytime we went outside the wire, we depended on some Moslem translator and he depended on us,   Yes, Moslems kill.  But, many Moslems risk their lives for us and for their own country. 

Soldier Gets Life for Killing Iraqi Civilians

 A veteran of the Iraq war gets life for killing unarmed civilians in Iraq.  Reports the CBS news website.  I spoke about this sometime back.  It is a heinous crime.  But, I have noticed that many of the line troops, the ones conducting "kinetic operations," never work with the "nice" Iraqis, the ones who want to better their country.  That can lead to a jaded view.  

As I mentioned in my post on May 5, this would be a difficult trial for a defense attorney, to try to explain to a jury what life was like for this young soldier in Iraq.  That is one of the many challenges for every trial lawyer in every trial. 

The Growing Effect of TBI

 We don't understand it.  But, so many Iraq and Afghanistan veterans get it:  traumatic brain injury.  LTC Rivas got it and apparently died from it.  We get it stateside, too, but TBI has become a singular feature of the current war.  The IED's (improvised explosive devices  or "roadside bombs") are unique to this war.  When they detonate under an armored HMMV, the blast reverberates inside the thick walls.  The concusion stays with you.  When I was in Iraq, a couple of my buddies survived a couple of IED's.  They simply drove through the explosions.  But, the ringing in the ears, they said, stayed with them for months afterward.  

LTC Rivas appeared in the news and at a forum or two on TBI.  He had served in Civil Affairs units, as I did for a time.  He was trying to put his life back together.  

Many, many IED's result in no deaths.  But, how many result in TBI?  The Army is researching that question.  I think the answer is far in the future.  TBI itself is very hard to diagnose.  Early studies indicate that TBI develops over time after the traumatic event.  In the meantime, good soldiers like Ray Rivas suffer due to our lack of knowledge.  

It Must be Tough in Your Average Detention Facility

 It must be tough in prison.  Allen Stanford, the investor who stands accused of bilking his clients out of millions of dollars has filed a motion asking to be transferred from the Conroe detention facility to a downtown Houston facility.  Seems the air conditioner at the Conroe facility has been out for a week. There are no windows.  It sounds tough.  He has not been to trial, yet.  So, we need to presume he is innocent.  

When I was with the US Army in Iraq, we had air conditioning most times.  But, hey, what about those times when we did not have a/c?  Guess we should have asked for a transfer to some other facility, too.....

Another Trial for Atrocities in the Iraq War

 Seems like I am one of the few following the trials of soldiers accused of atrocities in Iraq.  I follow them because I am a retired Reserve officer and because I spent time in Iraq.  The latest trial concerns a 101st soldier accused of a revenge killing in Southern Iraq.  This soldier is facing trial in a civilian court where it will be nearly impossible, I believe, to educate the jury on just how difficult things are and have been in Iraq.  He is presumed innocent, of course.  But, whatever he did or did not do, life in a war zone is hugely difficult.  

When I was in Iraq, I tended to minimize the difficulties when talking to folks back home.  You do not want to visit your problems on people back home.  Too, as a soldier, you are never sure how much the folks back home will understand.  So, the job of educating the jury will be very difficult for this civilian criminal defense lawyer.  

That is not a new problem for lawyers.  This trial is just more so.  In the average discrimination case, for example, the challenge is educating the jury about the daily obstacles a woman faces, or a minority faces.  That is why, contrary to popular belief, when we pick a jury, we seek to strike jurors biased against our client.  But, we also seek to keep jurors who might have some understanding of our client's predicament.  There is a saying in Iraq that applies to juries.  "Things are never easy in Iraq."  

I do not know what this soldier did or did not do.  But, I do know that not many on the jury will understand......

 

Termination is bad, but it could be worse...

 I have represented employees in employment matters for over 15 years.  For a great many persons, it was the worst experience of their lives.  Even after losing their jobs, some lost their homes, their families, and much of their former life.  It was horrendous.   I have also helped small business owners.  But, for many employees, a job dispute is such a single, overarching issue.  

The only other thing I have done in my life with greater pressure and a greater sense of reward was going to war.  I deployed to Iraq in 2005 as a Reserve officer.  Serving in a combat zone where *every* decision has some potential impact on people living or dying was incredibly rewarding but also incredible pressure.  Such an experience puts the pressure of a lawsuit in different perspective.  If the terrorists could not kill me, how worried do I need to be about opposing counsel or a judge in a lawsuit??  

And, of course, when you lose a buddy in war, you do appreciate that things that used to seem so awful may not be that bad.  If you are still alive, after all, how bad can things really be?  I know many employees feel they are going through the worst time of their life.  But, remember, you are still alive, after all.  So, yes, as bad as things really are, it could be worse......