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TRIBUTE TO
A CHAMPION BUT TREATED AS A LOSER I Believe very strongly that Mr. Osborne was only one of many million veterans that have fought, (and many have died) so we can have freedom and justice for all. However, when he tried for all these years to even get a little taste of justice, those of which were able to dispense justice, kept kicking while he was down, only to keep him down. So please, for those who read this as well as his story (which follows) joins in with all your power and get others to join in to help Mr. Osborne finally get the justice he so rightly deserves. Thank you in advance for your kind support. HERE IS THE STORY: I am writing this story anonymously because of possibility of retribution. This is the story of Charles E. Osborne: decorated soldier, one hundred percent combat disabled veteran, involuntary unemployed civil servant, and citizen. It is a moral tale with a disquieting lesson and a heroic saga of the embattled individual confronting the powers and minions of the state. The story begins with an initial military tour 1956-58, a brief break in service and reenlistment in the US Army in 1966. While assigned to the 2nd Infantry Division in Korea 1967-68, he defended against one of the many known North Korean ambush across the Demilitarized Zone. He was also on a 5-ton cargo truck, loaded with troops and equipment headed out for operations, when the truck suddenly stalled while going up a steep incline. The truck lost its brakes and rolled backwards, hit a bank and flipped. The tumbling bodies of four dead comrades and seventeen wounded are forever seared in his mind, seeds of a future bitter harvest. He initially made rank rapidly because he knew his job, worked hard and was good at it. But Staff Sergeant (SSG) Osborne was also known for his quick temper, combative personality and reputation as a whistle blower because he had a clear perception of right and wrong and persisted in adhering to principle. In 1968, he went to Drill Sergeant School and received an Article 15 (Non-Judicial Punishment) when, while Charge of Quarters (CQ) a television set was stolen from the barrack's Day Room. Upon reenlistment, he went to Germany to the 512th Artillery Group and then the 510th Ordnance Company, both NATO special weapons units. In the latter, as Reenlistment Non-Commissioned Officer (NCO), he had repeated clashes with the unit Command Sergeant Major and soon found himself en route to Vietnam. During his January through December 1971 tour there, he earned the Bronze Star. Assigned to Fort Polk, LA as a drill sergeant, personality clashes led to a transfer to the military police in 1972-73 and then reassignment to the infantry in Oahu, Hawaii, where he was made the unit ammunition NCO. While on field maneuvers on the Big Island of Hawaii, SSG Osborne detected, through daily inventory, thefts from the unit ammo dump, but his superiors covered it up. Then a neighboring unit had a similar problem; Criminal Investigations Detachment (CID) special agents swarmed in and SSG Osborne cooperated in their investigation. His superiors were not happy. Ammunitions were found in another soldier’s car. The battalion commander found out, but did nothing. He went to CID (Investigators) the next day. The battalion commander was relieved. SSG Osborne’s knee was bothering him (due to previous injury and excessive wear-and-tear) and he applied for a physical profile. He was transferred to the 84th Engineer Battalion where he received on-the-job training for about one month as a supply sergeant. He was relieved for not posting signs listing the hours of operation on the supply room door. This is the same unit whose battalion commander stood urging the prostrate unit supply sergeant to get up and finish a unit run while the man convulsed in a fatal heart attack. SSG Osborne then became battalion training NCO), where his battalion executive officer rated him 125 points (maximum at that time) on his efficiency report while his battalion commander only gave him 59 points. SSG Osborne confronted the battalion commander, as was his right, and appealed his rating to the group commander. Imagine his surprise to find his battalion commander acting in place of the absent group commander! The fate of his appeal can be imagined. Despite continued clashes, SSG Osborne was eligible for NCO Development and finally made it to Fort Lee, VA for Division Logistics (D-LOGS) school. Later, at Fort Riley, KS his unit got a female soldier on a rehabilitative assignment. These assignments were made between units to give soldiers second (and sometimes more) chances to redeem careers gone astray. While CQ in the barracks, SSG Osborne saw this female exiting a male soldier's room in violation of her probationary status. He reported her, was sharply criticized and was involuntarily transferred to another unit. In January 1980, SSG Osborne returned to Korea for assignment to the Yongsan Garrison supply activity. By this time he had been a staff sergeant for thirteen and a half years. He had to wonder if promotion had been delayed/denied because of his adherence to principle. Finally, he was promoted to Sergeant First Class (SFC), served his last nine months on active duty as a housing inspector, and retired honorably on April 1, 1983. It should be noted SFC Osborne (Retired) had generally good efficiency reports and held responsible positions requiring security clearance during his active duty. He was not treated for psychiatric disorders while on active duty. His slow promotion may be attributable to his obstinate dedication to principle versus his promotion chances, because he refused to participate in the "go along to get ahead" philosophy. As he intended to make Korea his retirement home, he joined the Post Exchange (PX) auto sales activity to maintain his status and visa, followed by two months as a bus monitor, searching all the while for a civil service appointment. In February 1984, Mr. Osborne found a Property Book Officer GS-9 (temporary) position open at Family Housing, Taegu, Korea. He applied for and got the job. In August or September 1984 he had his Transportation Agreement extended, but he was still considered an in-country hire. In December 1985, he transferred to Buildings and Grounds, Facility Engineers, as a WS-11 where he earned a $3,000-plus bonus that first year. He was promoted to WS-12 in Roads and Land Management. Mr. Osborne had a satisfying second career because he knew his job, worked hard and was good at it. A WS-13 position opened up in the Western Corridor north of Seoul but Mr. Osborne was not considered for it because the Civilian Personnel Office (CPO) stated the Office of Personnel Management (OPM) regulations did not grant Overseas Limited Appointment Authority (OSLA). Mr. Osborne's research revealed OPM did grant local CPOs OSLA authority, but someone from the United States was hired for the position. This “someone" was caught by Korean Customs trying to smuggle a large quantity of golf clubs into Korea, and Mr. Osborne suspected collusion by persons in Korea selecting this “someone" for mutual black market profits. Mr. Osborne shared his unhappiness at being found ineligible for the WS-13 position, and his suspicion why "someone" was found eligible and selected instead, with a team from the United States investigating CPO-Korea irregularities. This whistle blowing occurred in August 1987 and in July 1988 CPO had its revenge: Mr. Osborne was subjected to what he suspected, because he was the only American to lose his job, was a malicious Reduction in Force (RIF) another individual (temporary) was extended. Prior to the (RIF), Mr. Osborne found the same WS-13 position open, (as before) he applied for it under the (RIF). Where before he was not even considered, now he was graded out amongst the best qualified-but not selected-someone from the states was hired. He was denied (PPP) Priority Placement Program-drummed out of the service. He was with the understanding that under RIF a highly qualified individual-Veteran-Highly decorated person was supposed to get the job (Ms. Grace Cantu denied all of the above.) He exchanged a five-room top floor apartment in Korea for a one-bedroom trailer in New York State. In the confusion of his involuntary move and a worsening emotional state, Mr. Osborne missed the narrow time window of appeal to the Merit Protection Board, and worse was to follow. Desperate for a job, not only for financial reasons (his military retirement was inadequate for daily expenses, despite the economies of a one bedroom trailer), but also to redeem his self-esteem and stay productive (he had, after all, worked hard all his life). Mr. Osborne applied to Seneca Army Depot, NY for work. Despite his preference status under the Veterans Readjustment Act (VRA) and his many years of active military and civil service duty as a supply specialist, the only job he could find was as a Security Guard GS-4. Anxious to get back into the Civil Service System, he took it. While training as a guard he applied for a Tool Crib Operator's job, was found qualified and was interviewed. However, Mr. Osborne was asked what he regarded as a "trick question" concerning the height of a forklift's tines while in transit (operating a forklift did not appear in the Tool Crib Operator's job description). His guess missed by six inches and a female, whom he regarded as less qualified, got the job. Mr. Osborne’s string of bad luck was just beginning. On August 20, 1989, he was fired from his security guard position, officially for "not cooperating in the investigation of unauthorized use of a telephone." Mr. Osborne, the whistle blower, not cooperating? Principle was again at stake, it was a frame-up, and Mr. Osborne made a predictable choice. During his tenure with the security guards, Mr. Osborne had the misfortune to have a supervisor named Ascar Flite, he was a GS-7 Lieutenant which was an in-your-face individual with little or no supervisory experience. He would always play “catch me if you can” games in the dead of winter causing vehicle accidents. He would continually harass individuals told to quit all the above, but nothing would happen to him. He was told to personally stay away from Mr. Osborne. He did what he wanted and it was Oscar Flite that caused Mr. Osborne to be maliciously fired. The federal employees union would not represent him. He filed complaints with the Federal Labor Relations Authority (FLRA) in Boston, MA and as his reward for following procedure, his access to Seneca Army Depot was arbitrarily restricted. Turning to New York State, he went to interviews for jobs that were already filled or did not exist at the bidding of a state veteran's employment representative. This callous ineptitude was passive compared to what was to follow. Still looking for work, Mr. Osborne went to a job fair in Rochester, NY where he met a state veteran’s representative who recommended he go to the Veterans Administration (VA) for assessment of Post Traumatic Stress Disorder (PTSD). Before recounting Mr. Osborne's misadventures with the VA, it must be recalled the VA exists to help veterans. This requires positive actions, not passivity or negative reactions, on the part of VA staff. Over time, ten physicians evaluated Mr. Osborne. Only two of the ten were Native English speakers. He attended PTSD outpatient sessions, but was told he did not qualify because he did not have all the symptoms. He persisted in his claim and finally the Rochester VA Center wrote up a favorable recommendation to the Buffalo, VA Regional Office, where his claim was denied. Mr. Osborne was moved from PTSD outpatient to regular psychiatric outpatient status by Ph.D. Lyman (maliciously). It should be noted that he was also subjected to the routine treatment practices of public medicine, which is to prescribe pills until the complaint (or the complainant) goes away. One of Mr. Osborne's first experiences with VA medicine was a prescription he knew not for, which he could not even get at the pharmacy because he did not have the $2 fee, from a physician who was later fired for over prescribing medications. His name is Dr. Callahan, Head of Outpatient Psychiatric Clinic. Mr. Osborne applied for VA jobs believing that the Department charged with implementing VRA would be more ameniable to his quest. To his dismay, VA employees would not help him although they pledged to help veterans. He tried to put in an application for a WS-6 job (same as WS-11/12 in Korea) and was told, “he could not come in off the street into a supervisory position” regardless of VRA priority. They denied his application. He interviewed for a job at the VA Laundry and the interviewer told him, "how would you like to be waiting for a promotion and some veteran comes and takes it away on VRA?" He tried to apply for a truck driver's position but VA personnel would not hold the job open long enough for Mr. Osborne to get a state commercial driver's license so he would qualify. License? The VA does not require their physicians to be licensed! Does this tell you anything about the qualifications of VA physicians? Mr. Osborne's life was quickly unraveling by this time. His money was running out. The frustrating passivity of the bureaucracy was turning into active enmity. E.g., when Mr. Osborne signed in one early morning for sick call (not his regularly scheduled psychiatric outpatient sessions) he later observed the VA nurse, Debbie James, moving his file continuously from the top to the bottom of the record pile. When he challenged her, she muttered "triage" (a system by which the neediest but most survivable patient is seen first, rather than patients seen first come--first serve). The problem with this kind of bureaucratic revenge on helpless patients is that it is difficult to prove. It is equally difficult to prove adverse administrative actions had malicious origins, such as Mr. Osborne's RIF and failure to get back into civil service. Enraged at a system that was not only not helping him, but also actually hurting him with active enmity, Mr. Osborne wrote his Congressman threatening action if he could not secure his "day in court". The reaction was a tragic-comic coincident of two separate government actions: the arrival of a desperately needed check, which alleviated the need to take the threatened action, and a visit from the Federal Bureau of Investigation (FBI). As a result of the latter, Mr. Osborne’s access to Seneca Army Depot was further restricted even though he needed access to both the PX and the Commissary. He was given an “either/or” choice, which resulted in his voluntary 40-day commitment to the VA psychiatric ward. Released from the ward in 1993, Mr. Osborne returned to Asia to look for work. While in Japan, he suffered a whip lash injury, for which he is still being treated, when the US Navy contracted-owned and operated by Japanese bus he was riding was involved in an accident. Pressing a claim through multiple filings due to conflicting jurisdictions finally resulted in a decision that there was no claim because "the bus driver was not at fault." Mr. Osborne found a Minnesota lawyer to follow up his claim but his bad luck continued in 1995 when the lawyer withdrew telephonically from the case after Mr. Osborne made a long distance telephone call to inquire on its progress. Returning to New York State dispirited but not yet broken, Mr. Osborne went back to the VA and finally found a sympathetic physician to re-evaluate his PTSD claim. This doctor unlocked the repressed memories Mr. Osborne had been carrying around since the 1968 North Korean ambush. He has difficulty talking about it even now, the tears run unbidden down his stricken face. The physician found he could not work and in 1995, Buffalo VA approved a permanent 100% disability for PTSD, 10% for his injured knee and 0% for hearing retroactive to 1991. HEREAFTER, ANY AND ALL STATEMENTS/COMMENTS, PERTAINING TO MY LOOSING MY MILITARY RETIREMENT CHECK, IN LIEU OF GETTING A VA. COMPENSATION CHECK, IS HISTORY. EFFECTIVE 1JUNE03, MILITARY RETIREES WITH 20 YEARS OR MORE, WITH A DISABILITY OF 60% OR HIGHER, RELATED TO THE PURPLE HEART, COMBAT, OR TRAINING, AND POSSIBLY WITH A FEW MORE OTHER RESTRICTIONS, WILL START TO RECEIVE THEIR CHECKS. NOTE: NOT TO EXCEED THE VA. AMOUNT. The reader is apt to say "Well, a happy ending. Mr. Osborne won." Did he? Consider what he lost, starting with the faith in the system he served honorably for 20 years. To get what was rightfully owed to him, he had to suffer terrible pains administered by the very people who were pledged to help him. Moreover, the bureaucratic nonsense has not yet stopped. He recently applied for a 214 Corrections Board, and found that he owed $4,000 to the US Army’s Survivors Benefit Plan (SBP), even though the SBP was superceded by the VA's DIC coverage when Mr. Osborne's 100% disability compensation totally off-set his Army pension. Since he no longer gets his Army retirement check, the Army has no practical way to recover what it claims he owes. Likewise, Mr. Osborne has found no way to recover the money he paid into SBP while he was covered by DIC. Lest the reader imagine all of Mr. Osborne’s contact with bureaucracy were harmful, a shining exception exists in the Geneva, NY Human Rights Commission, Mrs. Rosa Blue, Executive Director (retired). The commission helped Mr. Osborne from 1989 to 1995 in a futile attempt to find lawyers and courts to hear his claims. The help was ineffectual but at least it was compassionate. This is a moral tale, about right and wrong and principle. Mr. Osborne enjoys dual status as a military retiree and as a disabled veteran but he is only compensated for one. His disability compensation offsets the retiree pay 100%. Civilians (non-military retirees) do not pay this penalty. Is this equity? The disabled veteran is not a recipient of an entitlement handout. He earned his compensation-the hard way. Politicians and the public need to recognize this. This prime imperative of the physician’s oath, and by extension the VA’s medical services is: “first, do no harm.” One can argue that Mr. Osborne, who turned to the VA out of need, first suffered harm and in truth still suffers today. There can be no doubt his “treatment” aggravated his PTSD, that his disappointments at the hands of the agency he thought was there to help to him exacerbated his financial and emotional troubles, precipitated the imprudent communication to his Congressman threatening action which resulted in the visit by the FBI, further restrictions on his access to Seneca Army Depot and 40 days in the VA psych ward. It is a shame a combat disabled, decorated retiree/veteran could not get help on his proven merits and, out of desperation, had to resort to creating a scene which, while it brought him attention, was on the unwelcome side. Mr. Osborne’s ordeal has convinced him the system is broken. If you are serious about correcting the inequities and injustices outlined above, stop punishing retirees by taking away their well-earned pensions in proportion to their percentage of VA disability. Their plight is not “either/or.” They not only put in their time, but also paid a physical/emotional/mental price for their service. Equity and justice demand they keep their earned pensions AND their merited disability compensation. The Merit Protection Board should give hearings on matters outside its narrow window of appeal, especially considering cases like Mr. Osborne’s where his RIF and the resulting emotional turmoil exacerbated the confusion caused by his rapidly emerging PTSD. Congress and civil service supervisors need to exercise closer oversight of CPO practices to reduce fraud, waste and abuse. Mr. Osborne’s treatment indicates laws intended to protect whistle blowers are not enforced. (Did Congress really expect agencies to enforce regulations inimical to their reputations and shady dealings?) Unfortunately, for the system that abused him, Mr. Osborne’s sense of equity and justice, his devotion to principle, will not allow him to stop tilting the bureaucratic and political windmills. His “prayer for relief” asks to be made whole by civil service reinstatement, award of all back pay and allowances as if he was continuously employed as a Department of the Army Civilian in country (Korea and Japan), a civil service medical retirement of a 100% disability effective date of settlement with progressive promotion WS-13 to WS-16 as is Victor Honami, which was a WS-11 when Mr. Osborne was Riffed at WS-12, plus punitive damages. Mr. Osborne has documentation to substantiate all his claims, he being so thorough his bureaucratic foes complement him on being an accomplished archivist. Mr. Osborne needs very much a federal judge to hear the case and appoint Mr. Osborne a highly competent attorney to represent him. As if the aforementioned was not enough salt in Mr. Osborne’s wounds, Mr. Osborne had two loans with Lyons National Bank (on both he had death and disability insurance). A third was about to be taken out when asked if he wanted disability on it he said, “no,” because he was already disabled and asked about the two previous-he was given claim forms to apply for repayment of previous payments. This is where John Hancock Insurance Company staff started in what Mr. Osborne feels was an act of insurance fraud and possibly a few other crimes because they backed up his first claim by about three months so they would not have to pay any on second claim. Mr. Osborne checked with Lyons National Bank (Lyons, New York) president and vice-president and they denied they were ever an agent for any insurance company. Therefore, they refused to help him. He says they solicited, they received monies, received profit and completed transaction for John Hancock. Mr. Osborne feels very strongly that, if it waddles like a duck, quacks like a duck, then by God, it must be a duck. After find these actions fruitless, Mr. Osborne contacted his local Assemblyman, State Senator, Attorney General, Governor, first and foremost New York State Insurance Commissioner. His State Assemblyman and Senator agreed very strongly, but only would write letters and refused to go any further. The Attorney General refused to do anything supposedly by saying, “if it went to court, she would have to represent the Insurance Commissioner-not investigate, and take appropriate actions. The Governor just referred my case to the Insurance Commissioner and the Insurance Commissioner sided with the lies from John Hancock. As far as crimes being committed Mr. Osborne feels very strongly all the above have had enough to be investigated and appropriate actions. To think a combat 100% disabled person would be cheated such as he has. Mr. Osborne took out both loans in good faith-one was partially paid (according to the method they were using) one has yet to be paid. John Hancock is still holding his premiums and payments for the second loan. In summation and retrospect, by virtue of the aforementioned, and the not mentioned, it is Mr. Osborne's belief, that the many awards, declarations and accommadations, that has been bestowed upon him (to include his Bronze Star) in service to his country, means absolutely nothing by the U.S. Congress, U.S. Army, Dept. of the Army workforce DD214 Correction Board , U.S. Navy/U.S. Air Force Claims Dept. , Federal Labor Relations Authority(Boston) Veterans Affairs Employment/Medical and Mental Staff(Canandaigua V.A. Medical Center, John Hancock Insurance Co., Lyons National Bank. Also, the New York State Offices of: The Governor, Attorney's General, Insurance Commissionor, Senators, and Assemblymen. Otherwise, Mr. Osborne would have received justice a long time ago. I believe wholeheartedly IT IS STILL NOT TO LATE, FOR THOSE WHO DENY, CAN ALSO APPROVE ANYTIME. PRAYER OF RELIEF: Mr. Osborne would be willing to settle for $100,000 per loan in order to drop all charges from John Hancock Insurance Company and the same for Lyons National Bank. Mr. Osborne can and will substantiate all charges with documentation when and if necessary. THOUGH ALL THE FACTS ARE TRUE AND ONLY THE DATES AND SEQUENCE MAY BE WRONG, IN ALL OF THE AFOREMENTIONED AND BY NO MEANS CONCLUSIVE. Will you help him? REVISED 11JUNE03 BY CHARLES OSBORNE |