SJA Aid Iraqis in Tragedy

CAMP AL TAHREER, IRAQ

01.05.2005

Courtesy Story

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Stroy by: Pfc. Matthew McLaughlin

CAMP AL TAHREER, Iraq -- Soldiers from the 2nd Brigade Combat Team (Commandos), 10th Mountain Division, Staff Judge Advocate's Office work to right wrongs through compensation programs intended to bolster relations between Iraqis and Multi-National Forces.

"It shows good faith on the part of the government," said Capt. Louis Boston Jr., 2nd BCT claims judge advocate, "Back in the states, if we have an accident with civilians involved, we compensate them. This is a positive operation and reflects positively on American Forces."

Boston said he has handled approximately 400 cases since October, including appeals. All claims fall under the Foreign Claims Act, which was introduced by Franklin Roosevelt on July 7, 1941, to "engender goodwill and promote friendly relations between the U.S. armed forces and host countries." The money is appropriated through Congress and is managed by the U.S. Armed Claim Services, Fort Meade, M.D.

The SJA cell compensates individuals for accidents including death, injuries, and property damage. Staff Sgt. Jared Robinson, 256th Brigade Combat Team, said the program is important to compensate Iraqis who were unintentionally harmed by Multi-National Forces.

"We're here cruising their streets, their nation," he said. "They don't have insurance. If we do something in which we're in the wrong, we're going to compensate people."

Boston said the SJA team tries to compensate Iraqis as fairly as possible. The 2nd BCT SJA cell can give a maximum compensation of $15,000. Anything they feel deserves more is referred to the division's SJA. On an average day, Robinson said they give around $40,000. Robinson doles out cash on average twice a week: once with 2nd BCT and once with 256th BCT.

The exchange rate between American dollars and Iraqi Dinar is a great advantage to Iraqis, Boston said.

"Back in the states, $5,000 wouldn't cover repairs for a car," he said. "Five thousand dollars here would buy a new Mercedes. We try to come up with a reasonable estimate in terms of Iraqi customs and standards. What is important is to be consistent."

Boston looks at the average price for a vehicle, house, or animal to determine the proper compensation. He also takes an Iraqi's livelihood to the property, such as a cab or an animal used for making profit, into consideration. This is an easy task compared to putting a price on a life lost. Boston and Robinson both said one of the most difficult parts of their job is giving compensation for Iraqis who were injured or lost a family member.

"When dealing with life and limb, you can't put a dollar price on it. But we try to be just and fair with our compensation," he said.

Boston said that not everyone who comes for compensation receives it. Like in any case involving compensation in America, Iraqis must present evidence such as titles to property or medical documentation to receive compensation.

"We have a certain level of criteria, documentation that we expect," he said. "It's not that I doubt them, but we can't award them without evidence. The best evidence is documentation from U.S. Forces. We can look at [significant activities] and tell if what they say is accurate."

As in America, there are also people who try to take advantage of the system Soldiers in the SJA cell therefore have to investigate claims just like it would be back home, Robinson said.

"We've had people trying to double dip," trying to receive payments twice for the same incident, he said. "Some claims are fraudulent. Some people make claims with no proof of ownership of property. We try to help as much as possible, but if they have no proof, we can't help."

To track "double dipping," the SJA cell uses data bases from other unit's prior claims settlements. They also do a thorough inspection of each case before compensating people.

Boston said he is proud of the work he does with the Army and the Iraqi people. He believes the work he does is a reflection of the American character.

"At the core of American society, we believe in justice and fairness. We believe in admitting when we're wrong and correcting it. It is one of the best ways for Iraqis to see that we're not all talk. We go beyond what we need to do, [and] we do what's right, even in a war zone."

• Date Taken: 01.05.2005
• Date Posted: 01.05.2005 17:05
• Story ID: 789
• Location: CAMP AL TAHREER, IQ