Rear Guard

Team Infidel

Forum Spin Doctor
Cleveland Plain Dealer
September 2, 2007
When Peggy and Steve Buryj set out to discover the truth about their son's death in Iraq, they ran into an Army bureaucracy that was determined not to tell them.
By Elizabeth Sullivan, Plain Dealer Foreign-Affairs Columnist
It was late on a May 2004 night on the outskirts of the holy Iraq Shiite city of Karbala. Polish, Iraqi and U.S. forces had set up a security checkpoint at a traffic circle as, nearby, militia members tied to radical Shiite cleric Muqtada al-Sadr were on the march; word was out that they might use dump trucks to deliver bombs against coalition forces.
So when a dump truck zoomed through the poorly lit nighttime checkpoint, Polish and U.S. troops opened fire, killing the driver and causing the truck to careen into the traffic circle. There, at the bend of the circle, Spec. Jesse Buryj (pronounced "BOO-dee") stood in his Humvee, firing from his machine-gun turret.
The truck turned out to be hauling nothing but dirt. But as it slammed into the Humvee, Buryj was catapulted to the ground, where he lay still and groaning, the apparent victim of a fall . Unbeknownst to most at the scene, however, weapons fired either by Polish or U.S. troops, or by a combination of both, had peppered the Humvee, burying shrapnel into Buryj's legs while a fatal bullet found the exposed flesh of his back as he fell.
Losing their only son to the war in Iraq was not the worst of Steve and Peggy Buryj's nightmares. Far more troubling was that every few months, the Army seemed to change its story of how the 21-year-old died.
Within hours of Jesse's death on May 5, 2004, Army casualty officers were at their door, telling the Canton couple that Jesse fell from his Humvee and suffered internal injuries. Nothing was said about bullets.
Two months later, the death certificate came in the mail to Jesse's widow, Amber. It said Jesse died of a gunshot wound to the back.
A shocked Peggy, a supporter of the war and of the president, called every congressperson, Army officer and bigwig she could think of, with no results.
"I felt like they were dishonoring my son," says Peggy. "I still feel that."
Her husband, Steve, a lab technician for a plastics company, nightly paced the floor of their whitewashed colonial, imagining what other lies they'd been told, and wondering if they'd buried the wrong boy.
The coffin had arrived home sealed and the family had to order the funeral home to open it, Peggy says.
Jesse's puffed face was almost unrecognizable.
At the end of July 2004, however, the family got a break. President Bush was coming through Canton, campaigning for re-election, and his staffers invited the Buryjs and two other sets of Gold Star parents who'd lost children to meet the president.
Peggy Buryj handed President Bush an index card with the details of their attempt to find out what happened to Jesse.
"'Sometimes it just takes a phone call from the president,'" she remembers Bush told her.
"Little did I know two years later, over two years later, I'm still going to be going through this crap," Peggy says, rifling through Army documents stacked more than a foot high.
Despite the meeting with President Bush, it took a Freedom of Information Act request to find out, in February 2005, that Jesse died as a result of friendly fire.
The formal Army briefing confirming that finding didn't come until April 2005, almost a year after Jesse's death.
Even then, the Army couldn't tell the Buryjes exactly who fired the fatal shot. Last year, the Army inspector general added a new wrinkle by revealing that some on the ground believed the incident could complicate relations with Polish allies in Iraq. The IG, however, concluded there was no cover-up.
Today, after four Army investigations, the military says it still cannot get to the bottom of who exactly killed the easy-going, musically minded, would-be cop in a hail of "friendly" fire.
But Jesse's mother has become consumed by her need to know. She forces herself to look at the gruesome autopsy pictures. She and daughter Angela ruthlessly compile the minutiae about what the bullet did to Jesse, how he suffered, what his last moments were like, what fellow soldiers said about him.
"This is the damage they do when they don't tell you accurate information," says Peggy, a nursing-home receptionist. "I'm still fighting it. If I knew where to go," her voice trails. "Sometimes I just feel so limited by my own mind, almost. I don't know what to do."
The case is an eerie echo of the Pat Tillman case, in which initial misinformation and seven Army probes failed to satisfy the family that the Army did all it could to find and publish the truth.
In both cases, Army investigations attributed the misinformation and delays to miscommunications, poor procedures and individual mistakes - some of which are being corrected, or punished.
Yet both families believe political considerations drove the lies.
The Tillman family thinks football star Pat was supposed to remain the poster boy for the war, even after his friendly-fire death. Peggy Buryj feels the mistakes behind Jesse's death were an inconvenient truth at a time when Ohioans' votes were crucial to Bush's re-election.
"I will never get answers for my son," despairs Peggy, as she finds herself running out of options to force more answers from the Army. She says she's relying on Mary Tillman, whose Pat died in Afghanistan just a few weeks earlier than Jesse did in Iraq, to get "justice" for both - and for other military families that want and deserve the truth about their sons' or daughters' final moments.
A Gold Star Mom's Prescription For Change In Military Family Policies
Peggy Buryj did not spend the better part of three frustrating years seeking the full truth of how her only son, Jesse, died in Iraq without forming some strong views on ways the Army needed to change. Now, the Canton mom is an army of one in advising other local parents who lost sons and daughters overseas on how to extract the most information from the military.
Misinformation provided families in friendly-fire deaths in Iraq and Afghanistan - including the Buryj and Pat Tillman cases - has prompted the military to reform how it deals with loved ones and handles reporting and investigations. Buryj thinks it could do much more.
Among changes already adopted:
*Casualty officers will keep not just the designated next-of-kin up to date, but also be assigned to advise grieving parents and divorced parents about the details of how a loved one died.
*Military witnesses in the field will communicate better with medical officers in the rear and vice versa, so death certificates reflect the best current knowledge.
*Deploying soldiers and officers will get more training in the requirements of preserving evidence and informing superiors right away in suspected friendly-fire deaths, so that a disinterested military officer can investigate as mandated.
Among additional changes sought by Buryj:
*Establish an ombudsman's office independent of the military, where relatives can go for help in case of misunderstandings, delays and confusion.
*Provide key relevant reports to family members who request them instead of forcing the bereaved to file multiple Freedom of Information Act requests and wait months to get information that should be open to families, such as autopsy reports.
*Offer pro bono service among military law practitioners and retired Judge Advocate General Corps officers so that family members with limited means still can have access to legal advice.
*Establish clearer rules and accountability so that military criminal investigators must answer for major failures to collect, properly label and preserve evidence and so that those responsible for misinformation, delays and other failures to inform families will suffer some repercussions.
 
How it happened
May 5, 2004, 1:08 a.m. -- Buryj is fatally injured in Karbala, Iraq, when an Iraqi dump truck runs a checkpoint and rams his Humvee, catapulting Buryj, the turret machine-gunner, to the pavement. Soldiers at the scene assume his injuries are from the fall.
2:58 a.m. -- U.S. doctors in Baghdad discover a bullet wound in Buryj's back and internal hemorrhaging. Buryj dies at 4:49 a.m.
8:30-9 a.m. -- Army casualty officials tell Buryj's widow, Amber, and his parents, Steve and Peggy, in their homes in Canton that he died from a vehicular accident and fall.
May 10, 2004 -- An Army autopsy recovers a NATO-issue 5.56mm bullet from his back, indicating friendly fire.
May 15, 2004 -- Buryj is buried, with his family still believing he died from a fall.
Mid-July 2004 -- His family receives a death certificate listing the cause of death as a "penetrating gunshot wound of the back."
July 31, 2004 -- Steve and Peggy Buryj are among three sets of parents who lost sons in Iraq who meet with President Bush as he campaigns in the Canton area. The president promises to help find out what happened to the Buryjes' son.
Fall 2004 -- Peggy Buryj files the first of about a dozen Freedom of Information Act requests from both her and daughter Angela for reports pertaining to Jesse's death.
February 2005 -- The Buryj family gets an autopsy report listing friendly fire as the cause of death. It's the first they learn that Jesse might have been killed by his own side.
April 17, 2005 -- An Army colonel gives a formal "death briefing" to the Buryj family. The PowerPoint presentation says the 5.56mm bullet "most likely came from the Polish side," but quotes the Poles saying they didn't do it. The family is wrongly told the recovered bullet was too chewed up to be able to pinpoint which weapon fired it.
Sept. 20, 2005 -- The bullet is destroyed.
January 2006 -- The Akron Beacon Journal and the Washington Post run stories critical of the Army's handling of the Buryj case. The secretary of the Army directs the inspector general to investigate.
November 2006 -- The IG finds the Army could have identified the shooter, but that the Criminal Investigative Division failed to collect soldiers' weapons at the scene, and that the bullet was "mistakenly" destroyed. Some soldiers tell the IG the Army wanted to avoid embarrassing the Poles. The IG concludes there was no cover-up.
May 2007 -- The Buryj family receives a copy of an Army criminal investigation revealing that a U.S. Army lieutenant who may have told another soldier he believed he fired the shot that killed Buryj was never directly questioned about whether he was the source of the friendly fire.
 
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