INCIDENT TO SERVICE

For more than 70 years, an obscure legal doctrine has prevented active-duty service members from suing the federal government for wrongful injury or death occurring outside of combat. Jurists left and right have long lamented the decision and begged for Congress to act. So why is justice that's available to every American civilian still being denied those who serve our nation?

- MAXIMILLIAN POTTER

IN 2018, 21-year-old Dez Del Barba had put his plan for the rest of his life in motion. Asenior at Sonoma State University, Dez had set his sights on becoming an officer in the United States Army. Already, he had been accepted into Officer Candidate School and was on his way to completing the necessary prerequisite of basic training. To get ajump on basic, Dez enlisted in the Army National Guard and obtained a leave from Sonoma State for a semester of his senior year. After basic, he would finish his degree in business management while serving in the National Guard; then, upon graduation, he would immediately transition to Army active duty and the path to becoming an officer.

This planning and hustle was classic Dez. He had graduated from Lincoln High School in his hometown of Stockton, California, in 2015, with honors and as alacrosse star. His senior year with the Lincoln Trojans, he earned the team’s offensive MVP honors. At Sonoma State, he continued his academic excellence and stayed fit as a gym rat. When I met with Dez’s parents, Mark and Kamni, at their home in Stockton in the winter of 2022, Mark had recently retired after 21 years as a corrections officer; I asked if he’d ever taken Dez to work to scare his son straight. There wasn’t ever any need,” Mark replied without hesitation. Dez just always did the right thing.”