Defense Base Act Compensation Blog

The Modern Day DBA Casualty

The Legacy of Burn Pits

Posted by defensebaseactcomp on March 23, 2010

At the Injury Board

Richard Ronald Guilmette of Enterprise, Alabama, was always a man’s man.

The one-time personal trainer was active in kickboxing and Taekwondo when he joined the Army National Guard in October 1987. He trained to become a helicopter pilot and was deployed to Kandahar, Afghanistan where for a year, beginning in March 2004, he piloted cargo and people on and off the base and conducted air assaults.

Today, Guilmette, 53, is discharged from the military. He is classified as disabled.

Debilitating migraines, asthma, lung disease, PTSD and memory problems keep him mostly at home where he relies on a host of medications, inhalers, and a sleep apnea machine at night. Now, his exercise consists of walking the dog down the street.

Because of his medical conditions, he lost his job as a flight instructor at Fort Rucker, Alabama, a setback he calls a “kick in the butt.”

He tells IB News, “My wife and daughter say I came back a different person.”

Burn Pits

While in Afghanistan, Guilmette lived in a tent a quarter mile from a burn pit where black, green, yellow, and orange-colored smoke enveloped him and other servicemen daily.

“The running joke about it was that it was SARS, we all got the SARS, and we smelled like burning baby crap. We joked about it and learned to live with it,” he tells IB News.

And live with it they did.

At an estimated 80 military bases in Iraq and Afghanistan, waste was disposed of the old fashioned way – in open burn pits. Many may still be in operation today.

Car batteries, amputated limbs, computers, pesticides, unexploded ordinances, chemicals, rat poison, hydraulic fluid, plastic water bottles, tires, medical waste – just about everything and anything is tossed in the pits that sends off a smoldering low-hanging smoke that engulfs everyone downwind.

There was an air condition in Guilmette’s tent but he says its ducts filled with black mold.

Leon Russell Keith, who worked for defense contractor, KBR as a paramedic at the Balad base in Iraq from March 2006 to July 2007, and at Basra from April 2008 until June 2009, told a Senate Democratic Policy Committee last November, there was nothing that KBR would not put in the burn pits.

“I have never heard of any KBR restrictions on what could be burned in the pit. The color of the smoke would change depending on what was burned. Sometimes the smoke was a yellowish color. But the worst was when the smoke would be a dark greenish color. On these days, the KBR medical clinic where I worked could expect an increased number of patients, all complaining of burning throats, eyes as well as painful breathing… In my estimation, at least 30 to 40 percent of the total patient traffic at the medical clinic was generated by the poor air quality.”

Today Keith has Parkinson’s disease and pulmonary problems and has been medically disqualified to return to Iraq. He also has no health insurance.

Guilmette, and the others who had been in the Army for a long time, knew there was a proper way of disposing of garbage. In the past they had packed it up and taken it to a landfill. Burning all kinds of garbage so close to personnel didn’t make sense.

“I talked to a flight surgeon about it,” says Guilmette. “I asked him about the burned human feces and he said that won’t make you sick, but the burning plastics is really gonna get you. The molecules are so big you can breathe them in. He said the burning plastics can cause cancer and are highly toxic.”

Litigation

“Plaintiff Guilmette’s conditions are a direct result of his exposure to the toxic emissions from the burn pits,” says theComplaint filed by law firm Motley Rice LLC of Charleston, S.C. (and IB Partner) and Burke PLLC of Washington D.C.

It names defendants Texas-based contractors KBR, Inc.; Kellogg, Brown & Root Services, Inc.; Kellogg, Brown & Root LLC and Halliburton Company and Turkish-based ERKA Ltd.

Guilmette’s name is first in a long list of Plaintiffs that stretches 117 pages.

In all 300 service men and women from 43 states are included and the numbers are growing since the cases were consolidated in December, 2009 in the KBR, Inc., Burn Pit MDL (multidistrict litigation) before Maryland District Judge Roger W. Titus.

“Intake has just tripled,” says Alicia Ward of Motley Rice.

The lawsuit alleges that military contractors exposed military personnel to toxic smoke, ash and fumes which caused chronic illness and wrongful death. The lawsuit’s collective claims include those for battery, breach of contract, breach of duty to warn, future medical expenses, intentional infliction of emotional distress, medical monitoring, negligence and wrongful death.

Estimates are 100,000 may have been exposed to toxic smoke from burn pits.

KBR

Across Afghanistan and Iraq, burn pits are overseen by defense contractor, KBR, a subsidiary of Halliburton.

“My understanding is they were the only one to get a LOGCAP contract in 2001,” Joe Rice of Motley Rice tells IB News.

The Logistics Civil Augmentation Program (LOGCAP) allows military personnel to do their job while the defense contractor takes care of everyday needs – food, water, deliveries and the base medical facilities.

KBR is the largest government contractor in Iraq with more than $20 billion in contracts for logistical support of troops, often in no-bid contracts, thanks in part to friends in high places.

When former Vice President Dick Cheney was defense secretary, he reportedly paid Halliburton subsidiary, Brown & Root Services, nearly $9 million to determine whether private company could provide services to American services fighting oversees. Cheney went on to serve as CEO of Halliburton from 1995 to 2000 and retired with a severance package worth $36 million, reported the Guardian in 2004.

Rice is trying to find out how many burn pits are still in operation but the effort to uncover documents through discovery has been blocked by the defendants.

“What’s happening now is Halliburton is trying to say everything is protected because we’re in war,” says Rice. “But the question the court can address is the wording of the contract.”

The contract states the contractor is supposed to follow U.S. environmental law or the environmental laws of the country they are occupying. Military field manuals allow for operation of burn pits on a “short-term” basis.

“There is no reason the courts can’t look at the contract and say, “Did you breach the contract?” asks Rice.

To further muddy the issue, KBR said in a statement to IB News, “KBR never operated or provided support services for the burn pit at Joint Base Balad” and in other areas where KBR does provide burn pit services, “KBR does so in accordance with the relevant provisions of the LOGCAP contract.”

In other words – it is up to the Army, not KBR to decide if a burn pit can be used or an incinerator is necessary and where it will be constructed. KBR says it was just following orders.

AML

“In addition to hearing the shocking stories about the kinds of waste being burned in the burn pits, I have listened to personal reports from our service men and women about injuries that they have sustained, some as serious as lung cancer and leukemia, ” says attorney Elizabeth Burke.

“All passed physical tests before being deployed. Many had plans of a life-long military career. Today some of our clients can’t walk up a flight of stairs; others can’t get out of bed.”

5 Responses to “The Legacy of Burn Pits”

  1. Philip said

    KBR is full of it!! I drove to the burn pit, 7 days a week 12 hours a day- from 2005-2007 at Salerno ( Rocket City ) and Bagram ( Wonder City ).

  2. Philip said

    Sorry I meant Wonderland.

  3. James Andrus said

    I am looking for the ROWPU operator who was sickened while working at D-8 Loyalty in Baghdad Iraq. Or any information anyone may have regarding the waterpoint/ROWPU feel free to e-mail me at jtaj1@yahoo.com My DBA claim is starting to look like it will go to court and I need any and all information. Thanks, James

  4. Don’t Let Our Voice Be Silenced!
    16 January 2012

    We are kindly asking you all to be the voice for troops; we need your support to have our voice’s be heard on the matter of troops, who were exposed to burn pits in Iraq and Afghanistan, and are now returning home with lung illnesses including asthma, chronic bronchitis and sleep apnea. I wish to share our concerns regarding the safety of our troops and believe that it is our government’s responsibility to treat servicememebers whose ailments are directly linked to exposure to dangerous toxins. As early as 2002, U.S. military installations in Afghanistan and Iraq began to rely on open-air burn pits to dispose of waste materials despite concerns about air pollution.

    Emissions from burning waste contain fine particulate matter, sulfur oxides, carbon monoxide, volatile organic compounds, and various irritant gases such as nitrogen oxides that can scar the lungs. Emissions also contain super-toxic chemicals such as Dioxin that are known or suspected to be carcinogens. An Open Air Burn Pit an area devoted to open-air combustion of trash. Modern waste contains significant amounts of plastic and other material which may emit toxic aerial compounds and particulates when burned. In Iraq and Afghanistan the U.S. military or its contractors such as KBR operated large burn pits for long periods of time burning many tons of assorted waste.

    Active duty personnel reported respiratory difficulties and headaches in some cases and some veterans have made disability claims based on respiratory system symptoms to more life threating diseases. According to a brief, instead of removing the refuse safely, KBR chose to burn the unsorted waste in gigantic, open burn pits that produced flames hundreds of feet into the sky, injuring many, by exposing them to highly toxic smoke, ash and fumes emanating from the pits.

    Can you imagine inhaling these toxic fumes 24/7 for up to 18 month deployments?

    Currently a Burn Pit Registry Act of 2011 has been introduced Senate bill # S. 1798, and the House bill H.R. 3337 to create a registry, similar to the Agent Orange Registry and the Gulf War Registry http://capwiz.com/usdr/officials/congress/?view=myofficials&azip=87505&bzip=&lvl=C&submit.x=9&submit.y=8 that will help collect the facts needed to find the connections between burn pit exposure and health problems affecting our servicemen and women. The legislation will also serve as a vehicle for improved communication and information dissemination for affected veterans.

    Although these bills mentioned are a good thing, it will take many years as have Agent Orange Registry and the Gulf War Registry to get the help our troops need. Many troops exposed to Agent Orange and Gulf War have died waiting for help that never came.

    We need and ask for your voice to get the help our injured troops need now, go to Burn Pit Voices at,

    http://facebook.com/burnpit.voices

  5. Government Public Health Official’s fail to mention of what are the health effects to US Troops from inhalation from CARC paint that was burned in the Open-Air Burn Pits used in war zones.

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