Intersection of mental health and courts-martial

Philip D. Cave

How does your military justice system address the accused who has mental health issues?

Here in the U.S. we deal with accused's who have a variety of mental health issues--some issues are so severe the person can't stand trial, some have preexisting issues which affect their behavior which leads to criminal charges; and there are those with issues (e.g. anxiety) brought on through the stresses of being prosecuted. How the system deals with mental health is of vital concern and yet the person is at times ignored or disparaged. Saying that everyone who has a mental health issue should not be prosecuted or saying that everyone with a mental health issue is a malingerer is just not helpful. Much of the time the system handles the matter in a timely and competent fashion. Which brings me to a recent Marine Corps case in California. Based on my experience and that of some of my colleagues the case discussed is not a one-off.

Jay-Ar Ruiz, 28, a Marine Corps private, was arrested during training at the San Diego Marine Corps Recruit Depot for striking a drill instructor in January 2018 and has spent most of the last two years confined to the brig at Marine Corps Air Station Miramar.

Now Ruiz "has been administratively discharged from the service with all charges dismissed, the Marines said Wednesday." Ruiz "remains in federal custody at a Missouri prison hospital. Since he is no longer in the military, he now is in the custody of the U.S. Attorney General, his attorney said."

Ruiz was given a General Discharge Under Honorable Conditions. That means he keeps all VA benefits except education money and a VA guaranteed home loan opportunity.

Read here and here some articles in the San Diego Union-Tribune and here from Military.com.

You may find this item from June 2016 of interest from the Marine Corps Times.

Marines and sailors facing involuntary separation due to a diagnosed mental health condition will now be better guarded against leaving the military with other-than-honorable discharges.

The unprecedented change was made last week by Navy Secretary Ray Mabus. It requires service members with conditions like post-traumatic stress or traumatic brain injury to have a disability evaluation before a final decision on their involuntary separation is made.