European Stars and Stripes (Newspaper) - October 5, 1991, Darmstadt, Hesse                                Page 2 the stars and stripes saturday october 5,1991 at a glance the Specter of thousands of americans still missing in Vietnam continues to haunt the . Government. Some . Servicemen compatriots of the pos pictured Here at a Hanoi detention Camp in 1973, never returned and their families Are demanding to know what happened to them. See Story on pages 14 and 15. F House Bank closing House speaker Thomas Foley seeking to quell the storm of criticism Over members of Congress bouncing checks at the House Bank said the Bank would be closed. A Page 4 teen drug use drops illegal drug use by american teenagers has dramatically declined in the last five years. A Page 5 Brewers Back Campaign . Brewers Are bankrolling a National Campaign to discourage underage drinkers at the store counter. A Page 6 Memphis gets Black mayor former school superintendent Willie Yerenton won by 172 votes to become the first elected Black mayor of Memphis Tenn. A Page 8 ripes saturday Uci Oder of i nato Calls for new order with increased cooperation Tahl ashment of a More Mobile and flex German Unity marred German leaders expressed concern Over the rash of extremist attacks that has overshadowed reunited Germany a first anniversary party. A Page 9 Rome apr military leaders of nato called for a More cooperative world order at the 40th anniversary Celebration of the nato defense College on thursday. A a new european order that is our vision a said Manfred Worner natos Secretary general. A it will be a system of interlocking cooperating institutions. Nato the european Community and Csc Are the three main pillars of a new european order. Together they provide stability that no single body could provide  the Csc is the conference on Security and cooperation in Europe. The Celebration was attended by political and military authorities from nato countries plus officials from nato Headquarters. The defense College which opened in Paris in 1951 and relocated to Rome in 1967, trains personnel to serve in na1u-related posts in their Home countries or abroad. Several officials stressed the need for increased flexibility and cooperation Between the 16 nato countries. The anniversary Celebration occurred shortly before the North Atlantic treaty organizations nov. 7-8 Summit meeting in Rome. At the Summit nato is expected to formally approve a new political and military posture in response to the rapidly changing world order. Changes include a dramatic decrease in troops stationed in Europe a from 830,000 to 625,000 by 1995 and the establishment of a More Mobile and flexible rapid reaction corps. A the old form of this world has broken  said Wymer. Quot a new world order has not yet taken shape. We Are living and facing a historic transition. Our generation has a Chance a which no generation in european history has had before us a to build a a new International order and a a new european order of Freedom and  italian Premier Giulio Andreotti in a speech expressed admiration for the organization. A the defense College has shown How a Community should be built a he said. A there had to be an Alliance and the european countries alone could not have done it because what was necessary was Solidarity a total  More aids in prisons More than 1.3 million aids tests were administered at government funded Sites last year and the highest infection rate was found in prisons. A Page 10index >x�?Ti-kcvtv�v,<v.v.wx Abby Ann Landers 21 comics.21-23 commentary.13 faces in places .24 letters .12 Money matters.18-19 sports.25-32 to listings.31 weather.11 uuiuuw3f Pius uti Iwin landmark Antarctic pact outlaws Oil exploration for next 50 . Non Tyml Handov to exploit. Madrid Spain a the member nations of the Antarctic treaty uc1 ii Auvina a 4 signed a landmark agreement Friday to keep the fragile continent unspoiled. The Accord bans exploration for Oil and other minerals for at least 50 years. A this is the Protection of to wilderness open space. In a del.6. Here making history a Michael Heseltine British Secretary of state for the environment said after signing the Madrid protocol in the Spanish foreign ministry festooned with huge photographs of penguins. Ecologists hailed the agreement As a major Victory. Fridays ceremony ended two years of Tough sometimes bitter negotiations. James Martin Jones of the world wide fund of nature said the protocol was one of the environmental move waa Uii Al. 4 mentus most important achievements along with the 1982 moratorium on commercial whaling. T the protocol protects Antarctica s Del Protection of the last great Cate Flora and Fauna and establishes a continent which covers 10 percent of the Earth a surface. # it also regulates Marine pollution and waste disposal. About 3,000 people on 50 bases inhabit Antarctica in the summer. That number dips to 900 in the Winter. But Martin Jones said the Antarctica agreement like the whaling ban contained loopholes that some would be Happy to exploit. A it is a famous Victory and we should All enjoy it a Martin Jones said. A but on monday morning we re going to have to Start knocking on Peoples doors to strengthen  the ban will take effect once the 26 countries with voting rights ratify the document something which is expected to take at least two years. In the United states two thirds of the Senate must approve the protocol. The United states concerned about losing its mining options blocked consensus on the 30th anniversary of the Antarctic treaty a enactment in june. But two weeks later president Bush said the United states would sign. Military from Page 1 negligence in military health care facilities rep. Barney Frank d-mass., says yes. Last week he introduced the latest version of a Bill he has pushed for at least four years that would Amend the Federal tort claims act to allow S.C. suits. In doing so the Bill would alter the so called a Sferes doctrine a the result of a 1950 Legal Case that the government has used successfully to have servicemen Bersy medical malpractice suits thrown out of court. The same Legal ruling has been used to prevent survivors and family members from winning S.C. lawsuits filed on behalf of the service members. Frank has had no trouble getting the House to Back his Bill a his colleagues approved it overwhelmingly in both lbs and 1989. But it has repeatedly stalled in the Senate primarily because of Strong opposition from sen. Strom Thurmond r-s.c., the ranking minority member of the Senate judiciary committee. Frank and co sponsors of the Bill also face stiff opposition from the Pentagon which maintains that abolishing the feres doctrine for medical malpractice suits would open a a a Pandora a boxy of administrative morale and disciplinary problems in the military. Terrence of Donnell the Pentagon Stop lawyer told the subcommittee he would advise that president Bush veto the Bill if Congress approves it because a a it would disrupt military operations without any significant Benefit to  the Pentagon a most prominent concern is that allowing S.C. lawsuits would adversely affect military discipline and morale by inviting judicial second guessing of military command decisions. In making decisions commanders often rely on determinations by military health care practitioners and changing the feres doctrine might make any S.C. decisions open to lawsuits of Donnell said. He gave the following examples a a Pilot is removed from flight status or not allowed to Fly because of a medical condition diagnosed by a flight surgeon. Instead of following orders the Pilot files a malpractice suit alleging that the diagnosis was improper. A a commander denies a Security clearance to a Soldier based on the soldiers mental health examination. The Soldier sues alleging misdiagnosis and mental anguish. Subjecting S.C. routine command decisions to judicial scrutiny would adversely affect the discipline of service members who would see medical personnel and commanders hauled into court to justify their decisions of Donnell said. A this situation would Foster the belief that no order is lawful and final until the courts have ruled that it is a he said. Medical malpractice suits also would create unfair distinctions Between various groups of military personnel of Donnell said. For example a Servic member paralysed through medical negligence could sue but a Servic member paralysed after being hit by a government car driven negligently by a motor Pool Driver could not sue although he or she would have virtually the same disability. Another problem is that the Federal tort claims act applies Only in the United states meaning any service member stationed overseas who is a victim of medical malpractice would not be Able to sue the government of Donnell said. He argued that there is already an elaborate system of no fault compensation for those who receive service related injuries. Lawmakers he urged should improve that system if they conclude the current compensation is inadequate. Congressional action on the Bill is the Only realistic Means left of reversing the feres doctrine since its Basic tenets have withstood repeated Legal challenges including a number of cases that have reached the supreme court. As recently As 1989, the nations highest court let the doctrine stand by declining to review a lower courts dismissal of a suit against the government. That suit was brought by a widow of a service member who died from complications following the removal of a Wisdom tooth. Yet the Case of Gaffney the Marine warrant officer whose family was decimated by aids has shown that the Concrete Wall surrounding the feres doctrine can be breached. A Federal court awarded Gaffney s3.8 million in damages in april after he sue the Navy for negligence during his Wile s childbirth which led to his family a tragedy. The government tried to have the suit thrown out based on the feres doctrine but the court reasoned the suit was Vali because his infection a was not incident to military services in any Way