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> Soldier Chooses Family Over Army, Woman faces punishment for refusing Iraq
scottish2 
Posted: 06-Nov-2003, 06:34 AM
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I decided to post this outside politics because I feel we should try and help this lady and her family out and the more that know about this the more that can be done. How dare the Army mark her as AWOL and make her shose her family over Army service. The courts have stated that one parent has to stay so she has a choice of violating a court order or face AWOL charges. Something has to be done here because the courts and the Army are using this family like Pawns in a Tug-O-War. While I person don't support the war I have always said I do support our troops and how dare the Army and the Courts play these little games with peoples lives!!! censored.gif censored.gif censored.gif censored.gif censored.gif

I urge you to write your reps and the president and get this case resolved in the favor of the family and not the courts or the Army they are second fiddle in this case!

http://www.denverpost.com/cda/article/prin...1739367,00.html

QUOTE
Denver Post


Soldier chooses family over Army
Woman faces punishment for refusing Iraq duty to avoid losing custody of children
By Eileen Kelley
Special to The Denver Post



Sunday, November 02, 2003 -

FORT CARSON - A soldier forced to choose between her family and her career chose her children over the Army and now faces the punishment that being AWOL is sure to bring.

Simone Holcomb and her husband of three years, Vaughn Holcomb, also a soldier, were both sent to Iraq early this year. The children's paternal grandmother came from Ohio to look after them.

But while the Holcombs were absent, Vaughn's ex-wife filed for child support and was threatening to seek full custody of two of the Holcombs' seven children, who range in age from 4 to 12.

The ex-spouse, who is the biological mother of the two children, was granted temporary joint custody with the grandmother.

The legal action forced the Holcombs to return here on emergency leave in September. A judge in a custodial hearing mandated that one of the parents must stay home to look after the children in order for Vaughn to retain full custody of the two.

Vaughn, 40, went back to Iraq. Simone, 30, stayed - without the Army's permission. Now she faces dismissal and even jail time.

"I was told by the Army ... to get on a plane," Simone said Saturday night. "I even told them it was unlawful and they said 'I don't care, get on a plane.' It's against the law for me to abandon my children. I can no sooner walk out on my children than I can rob a bank just because the Army told me to."

Simone, a medic in the Colorado National Guard, said the word "nightmare" doesn't even begin to describe the war being waged against her family now that she's stateside. She said she's taken the matter to Sen. Wayne Allard's office.

Army officials have already stopped Simone's active-duty pay and are expected to begin the process of dismissing her from the military, according to an Army source.

A spokeswoman for the Colorado National Guard said that because Simone was activated for duty, the matter is no longer in their hands.

"We are trying to be proactive on this," said Senior Airman Carolyn Frankovich. "We're not the deciding factor in this. We have no control over this.

"We'd be happy to help, but we haven't heard from her."

While Simone and Vaughn, a sergeant with the 3rd Armored Cavalry Regiment based at Fort Carson, were half a world away, they got letters from their children saying, "Don't die."

From nightmares that Vaughn and Simone would die to reoccurring problems with bedwetting, the strain was heavy.

"My family is falling apart," 11- year-old Forest Gonzalez, one of Simone's five children, told his teacher recently, according to his grandmother, Sue Bearer.

Bearer, Vaughn's mother, is angered by the war and its lingering effects on her family.

"These guys are over there fighting and they are losing everything they fought and worked so hard to get before going over," Bearer told The Denver Post on Saturday.

Simone, who has been in the military for six years, will find out in the coming days what action the Army will take against her.

She tried to get an emergency release from active duty or a reassignment to Fort Carson, but she was denied. She said she told them that her husband was due to retire from the Army soon, to no avail.

In the meantime, Army officials have made it clear she's breaking the law by being absent without leave - despite the Colorado judge's order.

"She has sent them (commanding officers) e-mails every day from Day 1," Bearer said. "They say she is AWOL. They won't listen to what is going on."

Bearer packed up from Ohio and headed to Colorado nine months ago, as Simone, a citizen soldier, was told to report to Fort McCoy in Wisconsin to train for the war. Vaughn, a tank platoon sergeant, shipped out in the spring with the 3rd Armored Cavalry Regiment.

When her son left, Bearer became the mother, father and referee of the large brood. She thought it would last only a few months.

Summer came and went without the return of the GI parents. Then came news that they would be in Iraq a full year. Then came the September court hearing.

The Holcombs needed to be back in Iraq in a matter of days when Simone said she would stay behind for the sake of the family, Bearer said.

Home now in Ohio, Bearer said she doesn't know what will become of the family.

"It's not like she is running away," Bearer said. "I cannot believe the military is doing this. Actually, I can."
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floralia 
Posted: 06-Nov-2003, 07:28 AM
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I've watched for years as a military wife as the military consistently put their wants (not necessarily needs) first and the family second. It's infuriating and it seems only public pressure works in getting them to do the right thing.
This reminds me of an old saying in the military: "If we wanted you to have a family we would have issued you one."
My heart goes out to this poor woman and her family. As a secondary note, shame on his ex-wife for forcing this issue. Given that this started with her request for money, it seems greed-motivated. Not having the whole picture, I could be assuming too much, but that's my initial reaction.
My husband and I were in a similar position many years ago and had to make some difficult choices but fortunately for us it worked out for the best, but no thanks to the Air Force, only to the fact that the situation exacerbated to the point that they were forced to do the right thing. Hopefully things will work out for this young woman also.

Flora


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Is buaine port ná glór na n-éan,
Is buaine focal ná toice an tsaoil.
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scottish2 
Posted: 06-Nov-2003, 08:05 AM
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It's amazing how stupid government can really be. The courts are telling this family to violate military law and the Army is telling this same family to violate this court order. So whose saying lets uphold the law. Obviously it is the court who is forcing this while the ex got it started it was the courts ruling that is insane and the militry for joining in on this circus.
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birddog20002001 
Posted: 06-Nov-2003, 10:12 AM
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Before two parents or even a single parent can join the Army there must always be a person appointed by the legal guardians to take over care of minors in the case of deployment. Generally is the Grandparents. This judge may be violating military law wich would hold jurisdiction over the civil law. (In some cases it can be illegal for a civilian spouse to file for divorce is the soldier is in assigned to certain hardship tours) Now this parent is disobeying a direct order by not reporting for duty. After 30 day AWOL becomes desertion and she could be forced to appear in a military court. Possible facing the death penalty (unlikely as the last precedent was a deserter pvt. during Vietnam). Just a few things to consider in this case. If I was her I would talk to JAG get an injunction to cease and desist the case, and report for duty at the first possible moment.


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Richard Bercot 
Posted: 06-Nov-2003, 10:24 AM
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Correct me if I am wrong, but isn't the Armed Forces on a Volunteer System?

You know when you sign up, you become theirs for the duration of your stay.

What did this person, who volunteered, think they was going to do in the "Armed Forces"? This to me is an honest, duhh!


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scottish2 
Posted: 06-Nov-2003, 10:40 AM
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QUOTE (Richard Bercot @ Nov 6 2003, 11:24 AM)
Correct me if I am wrong, but isn't the Armed Forces on a Volunteer System?

You know when you sign up, you become theirs for the duration of your stay.

What did this person, who volunteered, think they was going to do in the "Armed Forces"? This to me is an honest, duhh!

It's not Simone Holcomb fault though. This is a court case gone really baddly. She has children as does a lot of military personel. 2 of them are her's by marriage only as they are foster children. The husbands Ex sues for custody while the ex husband is in Iraq as well as his current wife as both are serving. The husband & wife get emergency leave to deal with the court case. the judge then rules that despite the fact that there is care being given to the children by the [paternal grandmother that he/she was ordering that one of the parents had to remein or risk losing custody of the children.

This is totally a rediculous order. If this case stays then we will have a drastic drop in those willing to serve in defense of the US because they will worry about losing their children if they have to go off to fight abroad.

Simone Holcomb has 2 choices. 1 is to stay in Colorado and comply with the court order and be forced to violate her military duties or return to duty and risk losing the children.

What would you do? Risk losing your children or do the common sense thing and stay with the children. She is basically being told break military law or violate this court order either way for her is a lose lose scenerio, no one has bothered to compromise and say hey we see you are serving your contry and take this into account. The court is the wrong party here they should never have made such an order. I just wish I had this idiot judges E-Mail or contact as I would write him about this. I have written my congressmen and the JAG and will be writing Bush shortly as this has to not be allowed to happen again and this lady has to be set free from either this court order or militry duty and not be caught in a court/military (blanking) match. There are children here and in my view teh court is not considering the needs of the children with such a rediculous order because now the person that has chosen to stay risks jail time which would do just the opposite of what the court wants. This judge has not thoguht this through! censored.gif censored.gif censored.gif censored.gif censored.gif

In this case I fully agree with birddog20002001's comments. Now correct me if I misinterpreted your comments Richard. smile.gif
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Richard Bercot 
Posted: 06-Nov-2003, 10:59 AM
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Scottish2,

I evidently, did not read this properly. When I read the choice of staying with the children, a BIG BLOCK went flying up in front of me. So this one is my bad.

There were other cases that had P.O. me off about Soldiers refusing to go because they didn't want to have to fight. They only went in for the EDUCATION. I just thought that was just another one of those cases. Again my bad.

After your bringing this to my attention. I think that if the Judge ordered this person to stay, then that Judge needed to take their place. How do you think the Judge would rule the next time?
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scottish2 
Posted: 06-Nov-2003, 11:04 AM
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QUOTE (Richard Bercot @ Nov 6 2003, 11:59 AM)
After your bringing this to my attention. I think that if the Judge ordered this person to stay, then that Judge needed to take their place. How do you think the Judge would rule the next time?

This is what worries me. While I hate war I do realize that it is not just going to go away and we have to have those willing to help defend the US. And my problem is what type of president is this going to set if this ruling is allowed to stand unchallenged. People should not have to fear losing their children because they decide to serve our country. People have been doing this for centuries and while the child may miss the parent a lot that I have seen interviewed understand why the parent has to be away. This can only hurt the child that is what really PO's be about what is happening enough so to take the time to write all my reps and the JAG and even decide this is big enough to post here instead of politics so we can maybe get more efforts to see this resolved before someone really gets hurt. sad.gif
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scottish2 
Posted: 06-Nov-2003, 11:09 AM
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In fact i should have posted these with first post. Here are the links the first is for the Army JAG's website first click feedback in the top half of the page then click the long gray button at bottom for feedback.

http://www.jagcnet.army.mil/Legal

http://www.senate.gov

http://www.house.gov

http://www.whitehouse.gov

Unfortunately the article doesn't list the judges name or exactly which family court heard this case.
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