Monday

Green Beret, Army tussle over disability

Jason Cordova, a Green Beret captain living in Mechanicsburg, says he is a disabled veteran.

Cordova, 30, said he suffers from complications caused by anthrax inoculations he received in 1999 and 2000. He said doctors have told the Army he cannot receive any more injections, a standard regimen used to protect soldiers against biological attack.

Cordova, a former member of the Fifth Special Forces Group, is a qualified U.S. Army parachutist. But doctors have said that both of his knees are ruined and he shouldn't jump out of planes any more.

Cordova, who is inactive, has asked the Army to exempt him from active duty. So far, the Army has refused and could reactivate him. Cordova has hired a lawyer.

"As a disabled veteran, I find it troubling that the Army can involuntarily call me back to active duty and not even acknowledge the fact I am physically disabled due to my prior service," Cordova said last week.

Cordova, who could be sent to active duty in Iraq or Afghanistan, said that the swelling in his knees sometimes gets so bad it is difficult for him to rise from a chair, much less hop in and out of a Blackhawk helicopter or lead a company of soldiers.

He said he suffers from the anthrax shots having been given in his side instead of his shoulder. As a result, he said, he has had many complications, including extreme pain when urinating.

Under Army regulations, soldiers have an option of undergoing anthrax inoculations based on the likelihood of attack. If activated, Cordova said, even in a desk job he would be more of a liability than an asset.

"As an officer, it is my duty to prevent needless casualties, not be the cause of them," Cordova wrote in a letter to the Army.

"They have not provided me with a reason for denying my request for exemption. It's like they don't even care about the facts," Cordova said.

The Army's Human Resource Command in Alexandria, Va., is considering Cordova's request for a disability determination. The Army said it can't discuss the specifics of Cordova's case.

"Unfortunately, HRC cannot comment on specific cases, as that would be a gross violation of the individual's privacy, especially in a public forum," Lt. Col. Kevin V. Arata, a public affairs officer, said in response to a written request for information.

"Such answers could easily turn these types of queries into a public debate between an individual, the public and the command who reviews the case, and potentially jeopardize any appeals that may be made by the individual at a later date," Arata said.

He would not provide an estimate as to how long the board might take to decide Cordova's case.

Cordova's lawyer, John S. Lawler of Lancaster, said he wants the Army to explain itself.

"There are some serious due-process concerns given how the Army has flippantly handled Mr. Cordova's request for an exemption," Lawler said last week.

"Here you have a disabled veteran whose liberty is being compromised without being afforded any fair mechanism to adequately and fairly challenge his report date or the denial of the exemption," he said.

Last month, U.S. Sen. Arlen Specter, R-Pa., wrote the Human Resources Command and the Army's chief legislative liaison urging both to give Cordova "full and fair consideration."

The office of U.S. Sen. Rick Santorum, R-Pa., also has contacted the Army on Cordvoa's behalf.

Lawler said he hopes the situation can be resolved without a court battle.

"Well, at this point, we remain confident in the administrative process and that this dispute will be resolved amicably, primarily because granting Mr. Cordova's request is, legally and morally, the right thing to do," Lawler said.

"We are not, however, foreclosing any options, and if the Army pushes us into the litigation corner, we will certainly push back."

REGGIE SHEFFIELD: 255-8170 or rsheffield@patriot-news.com
Monday, March 14, 2005 BY REGGIE SHEFFIELD The Patriot-News


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