By Laura Lane
In 2001, Garbarino rebuilt his deck, but now doing any construction on his North Merrick home is out of the question. He has to hire a handyman to do the simplest tasks.
An Army major who earned the Bronze Star for his service in Iraq in the military police brigade from January 2003 to February 2004, Garbarino was injured while serving his country.
Although the Army documented his injuries, Garbarino, 48, wasn't granted medical active duty when he returned home. If he had been, the Army would have covered the costs of any medical tests and visits to private physicians. And Garbarino wouldn't have had to return to his civilian job until he'd recovered.
Subhead: A financial burden
Without medical active duty, Garbarino's been forced to incur the costs of treating his injuries himself, paying hefty deductibles to his private insurance company. He's also used more than 400 hours of sick leave from his civilian job at the Queens County Courthouse, where he works as a court clerk in the Mental Hygiene Department.
Garbarino's injuries were so severe that he's had to undergo three surgeries since he's been home. Private physicians have performed orthroscopic shoulder surgery, a joint replacement in Garbarino's shoulder and a hernia operation.
As the reservist prepares for his next surgery -- a back operation that will require three to six months of recovery time - he's uncertain how he will support his family, since he has little sick leave left.
"I was dropped from active service, which they don't do anymore to soldiers who return home injured," explained Garbarino. "The change wasn't made retroactive for guys like me, one of the guys who got lost in the cracks."
Even though he's sent mounds of paperwork to the Army asking for help with medical costs and documented his many phone calls to the Army, the military refuses to help.
Garbarino called U.S. Rep. Carolyn McCarthy and Sen. Charles Schumer, both Democrats, requesting their help, to no avail. But he did receive some help from U.S. Rep. Peter King, a Republican of Seaford, in 2004.
"I had a sit-down with Patricia Gertland, Mr. King's district representative, and she sent a thick file to the Pentagon for me," said Garbarino. "Then I received a letter from Peter King, saying he was sorry the outcome was not more favorable for me. He included a letter from the Pentagon as to why they wouldn't help me that had all kinds of inaccuracies. When I tried to call Patricia to speak to her about that letter, she never returned my calls."
When telephoned by the Herald, Gertland asked for faxed copies of Garbarino's letters to King. Two later calls to Gertland went unanswered. A King spokesperson told the Herald that the congressman doesn't discuss individual cases with reporters.
After calling Gertland repeatedly and receiving no response, Garbarino sent King a letter, explaining the inaccuracies in the Pentagon's letter.
He received a letter from King, recommending that Garbarino contact the U.S. Army Review Board. He did so in November 2005. The Army Review Board got back to Garbarino promptly, informing him that owing to a backlog, it would take at least a year for a decision in his case.
Garbarino said he's discouraged by the response that he received from the Army Review Board and frustrated by his dealings with King's office.
"I don't think the politicians realize what we went through over there; they accept administration form letters instead of fighting and saying this is an injustice," said Garbarino. "I think Peter King could have gone the extra yard for a guy who fought in Iraq."
Subhed: Abandoned by the Army
Having reached what he says is a brick wall, Garbarino believes the Army has abandoned him, and he has nowhere else to turn.
"I've been requesting that the Army allow me to remain on active duty from when I first got home," said Garbarino. "I attribute some of my dealings with them to ineptitude, like when they lost my original line of duty injuries and I had to resubmit them."
The injuries that Garbarino suffered in Iraq include an injured shoulder from carrying heavy equipment, a back injury, the result of lifting injured soldiers onto stretchers, a hernia, and a rash on his arm and legs from sand fleas and mosquito bites.
Along with his many visits to private physicians, physical therapy and medical tests, he continues to visit doctors at the Veterans Administration, which the Army requires.
"I've always followed military protocol by going to the Veterans Administration," said Garbarino. "When I got home, I endured months of appointments and tests. All they did was misdiagnose my shoulder problem and throw a bunch of pills at me."
Garbarino was granted an active duty medical extension for August 2004 to November 2004. But this period didn't cover the costs from the many doctor visits and tests performed before August 2004 or the surgeries and continual doctor visits his injuries have forced upon him since.
Desperate, Garbarino recently hired an attorney familiar with military law and medical review boards. It is yet another expense that he's incurring before undergoing the back surgery. Garbarino said he's becoming more nervous each day.
"My lawyer thinks my best shot is to contact the correction of military records," said Garbarino. "He's going to try to get an emergency for medical leave for me, but it's never been done before."
Comments about this story? Llane@liherald.com or (516) 569-4000 ext. 236.
