Chair Jackie Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization (July 2, 2020)

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“Nearly two dozen major provisions offered by Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, were adopted during consideration of the annual defense policy bill by the Armed Services Committee this week.”

  • Authorize a System of Military Court Protective Orders: Allowing military judges and magistrates to issue court protective orders compliant with the Violence Against Women Act. The new judicial orders provide better protection and enforceability for servicemembers and family members experiencing intimate partner violence.
  • Initiate a Sexual Assault Prosecution Pilot Program at the Military Service Academies: A 4-year test of a new Chief Prosecutor would demonstrate whether assigning charging decisions for sexual assault and other special victims’ crimes to an independent expert outside of the chain of command would increase the willingness of survivors to report and the ability of the military justice system to hold perpetrators accountable.
  • Establish a Special Inspector General for Racial and Ethnic Disparities in the Armed Forces: A dedicated office to investigate underrepresentation of people of color among military officers and high-ranking enlisted servicemembers, racial disparities within the military justice system, and white supremacy among servicemembers.
  • Increase Representation of Women and People of Color in the Armed Services: The military would be required to establish specific goals to increase recruiting, accessions, and promotion of minorities and women, and to report to Congress on a plan to achieve these goals and their progress.
  • Address Bias by Anonymizing Candidates Before Military Promotion Boards: Redact all personally identifiable information, such as names and photographs, of servicemembers before promotion boards to remove the potential for conscious or unconscious bias.
  • Make Violent Extremism a Military Crime: A new article within the Uniform Code of Military Justice would bring greater consequences to servicemembers who perpetrate, plan, threaten, or conspire to commit violent acts with intent to intimidate or coerce a person or class of people, or the intent to impact government action or policy.
  • Track White Supremacy among Servicemembers: The military services would be required to improve tracking of white-supremacist and other extremist activity by servicemembers.
  • Establish a Military-Civilian Task Force on Domestic Violence: The task force would report to Congress with findings and recommendations to address intimate partner violence among servicemembers and military families, and DoD would be required to collect data on the prevalence of intimate partner violence.
  • Establish a Military-wide Safe-to-Report Policy: Clarify that servicemembers may report sexual assault without fear of being disciplined for related minor collateral misconduct such as drinking in the barracks.
  • Improve Coordination for Survivors of Sexual Trauma: Ensure a warm handoff for survivors when relocating between stations within the military or when separating from the military and transferring from service providers within DoD to resources within the Department of Veterans Affairs.
  • Improve Oversight of Military Sexual Assault Investigations: Require DoD to report to Congress all military sexual assault investigations that remain open more than 6 months along with the reasons for the delay.
  • Improve Oversight of Next Generation Body Armor: Require DoD to report on barriers to fielding next generation body armor that will provide better, gender-specific protection for military servicemembers.
  • Expand Child Care Options for Military Families: Address waiting lists, establish competitive pay for providers in high-cost areas, provide housing priority for military spouses that operate Family Care Centers, and expand the Financial Assistance Program to pay for in-home child care, such as by a nanny or au pair. Additionally, it requires 24-hour child care be provided on bases where servicemembers are required to work night shifts.
  • Improve Oversight of the Next Generation Interceptor Missile Defense Program: Require an independent cost estimate and two successful flight tests before buying.
  • Transparency of Contractor Ownership: Expand reporting requirements to identify the beneficial owner of contractors.
  • Strengthen Whistleblower Protections: Clarify that nondisclosure agreements do not prevent employees of government contractors and subcontractors from filing a whistleblower complaint.
  • Examine Equal Employment Opportunity: Require the Department of Defense to report on ways to improve the EEO process for DoD civilians.
  • Enact the Elijah Cummings Federal Employee Anti-Discrimination Act: Strengthen EEO protections and increase accountability for federal employees who are found to be responsible for discrimination.
  • Authorize Incentive Pay for Programming Proficiency: Develop a system to track coding language aptitude and proficiency by military servicemembers and DoD civilians and offer financial incentives for needed programming skills.
  • Investigate Suicide at Remote Military Installations: Require a Comptroller General report covering unique challenges of preventing suicide by military servicemembers and military family members at remote bases outside of the contiguous United States.
  • Examine Access to Contraception and Family Planning Education. Require DoD to issue a report on barriers experienced by servicemembers in accessing contraception and the status of implementation of new DoD requirements on reproductive health care, such as ensuring access to contraception for the full length of deployment.

Read more here.

Related Links:
Chair Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

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Find contact information and how your Senators voted here.

Contact the SASC & HASC Members here.

Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

“U.S. Sens. Kirsten Gillibrand (D-N.Y.), Chuck Grassley (R-Iowa) and I recently announced that we will offer the bipartisan Military Justice Improvement Act as an amendment to this year’s National Defense Authorization Act. The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes by moving the decision over whether to prosecute them to independent, trained, professional military prosecutors.

Despite years of Congressional reforms, thousands of service members are raped and sexually assaulted every year. In many of those cases, the assailant is someone in the survivor’s own chain of command. Only a small fraction of the perpetrators are ever held accountable for their violent crimes. Last year, the Department of Defense announced a record number of sexual assaults reported by or against service members, and yet, less than 10 percent of cases considered for command action ever proceeded to trial. Worse yet, despite repeated efforts to stamp out the scourge of retaliation against military sexual assault survivors, the most recent Pentagon survey found that 64 percent of survivors say they have experienced some form of retaliation for reporting the crime. That figure is statistically unchanged from 2016.”

Read more here.

SASC: Senate Armed Services Committee
HASC: House Armed Services Committee

Related Links:
Chair Jackie Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization (July 2, 2020)
Sens. Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)
S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members
15 Active Duty Cases That Beg for Prevention Efforts, Military Justice Reform, and the End of the Feres Doctrine
Washington D.C. Veteran’s Presentation on the Current Status of the Armed Forces at Fort Hood in Texas (December 12, 2017)
Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present)
August: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (August 31, 2017)
September: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (September 30, 2017)
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
Non Combat Deaths of Female Soldiers in the US Military (Afghanistan)
Non Combat Deaths of Female Soldiers in the US Military (Other Areas)

A Month in Review: In the News on Military Justice for All (June 2018)

June 2018

Missing:
Disappeared: Stacy McCall, Suzie Streeter, and Sherrill Levitt are ‘The Springfield Three’ who Vanished from Levitt’s Missouri Home on June 7, 1992
Friends, family of missing UMass nursing student Maura Murray hope funds will lead to answers

Cold Cases:
Family wants justice for Army vet found shot to death in driveway
Authorities Have Cracked a Bizarre Cold Case That Could Have Ties to the Zodiac Killer
48 Hours Premiered ’48 Hours Cold Case: Who Killed Amy Gellert?’ on CBS (June 17, 2017)

Fugitives:
Reward Offered for Armed & Dangerous Fugitive: Army Recruiter John Blauvelt Wanted for Allegedly Murdering Estranged Wife in South Carolina (2017)

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Questionable Practices Continue at Fort Belvior Warrior Transition Battalion: One Delaware Army National Guard Soldier’s Story After Injured in the Line of Duty

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Guest Post Submitted by Jill Lee

I cannot in good conscience remain silent about the treatment of our wounded and injured service members and their families. I am writing this letter on behalf of my husband Sgt. Thomas Lee. He medically retired from the Delaware National Guard’s 153rd MP Company in August 21, 2016. He deployed to Afghanistan January to September 2013. Upon returning from deployment he was sent to the Wounded Transition Battalion (WTB) at Fort Belvoir, VA in October 2013 for neck, back, shoulder, skin and stomach issues. The time frame for service members to spend at the WTB is approximately 12 months; my husband was there for 3 years. When my husband arrived, there were around 300 service members there. Every service member is assigned a nurse case manager who oversees the scheduling of appointments and does weekly check-ins with them. The nurse case manager’s job is to support and facilitate the care of service members; however, often they are misleading and at times lying to get information which is used by the command against the service members. The WTB does not promote an atmosphere of healing but rather one of harassment and punishment, where they provide the bare minimum of care, distribute medications and focus on the symptoms rather than diagnose and treat the actual issues. The WTB along with Fort Belvoir Community Hospital has failed my husband along with countless other service members. Our service members and families sacrifice so much for our country and it is a shame to see how they get treated when they return from combat broken physically and mentally.

My husband and I lived through a nightmare for the past 3 years, he was fortunate enough to survive 2 deployments only to be permanently disabled by a military doctor here in the states. Do you know what it’s like to watch helplessly someone you love whose served their country go from injured to permanently damaged and not to be able to hold any one accountable? My husband came to the WTB with 2 careers, 21 years with the Postal Service and 18 years of military service, he left the WTB unable to return to either career. Below are the events that forever changed our lives.

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Fort Hood Army Pfc. Kai Yancey, Died After Complications From a Short Illness on New Year’s Day at Scott & White Hospital in Temple, Texas (2017)

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Pfc. Kai Yancey, US Army

Army Pfc. Kai Yancey, 26, died at Scott and White Hospital in Temple, Texas after complications from a short illness on January 1, 2017. Pfc. Yancey’s home of record was listed as El Paso, Texas; he entered active-duty military service in February 2015 as a motor transport operator. Pfc. Yancey was assigned to the 1st Battalion, 12th Cavalry Regiment, 3rd Armored Brigade Combat Team, 1st Cavalry Division at Fort Hood since 2016.

“He was a member of East Side Church of Christ, where he was a past member of the Youth Group and enjoyed watching movies, skate boarding, wrestling, boxing, water skiing, para-sailing and target shooting. He was a past member of the Warren Boxing Association, where he was the Undefeated Lightweight Champion and a 2009 graduate of Howland High School, where he excelled in wrestling. He married Janelle March 16, 2016.” –Obituary

Related Links:
Obituary: Pfc. Kai Yemale Yancey of Ft. Hood, Texas
Obituary: Kai Y. Yancey | Tribune Chronicle
Death of a Fort Hood Soldier – Pfc. Kai Yemale Yancey
Fallen Warriors | Pfc. Kai Yemale Yancey
Fort Hood soldier dies from illness
Fort Hood soldier who died from illness identified
Fort Hood Soldier Died of Complication from Illness, Officials Say
Fort Hood soldier dies from illness | KXXV
Fort Hood soldier dies from illness | WALB
Fort Hood soldier dies from illness | WTOC
Fort Hood soldier dies from illness
El Paso Soldier Stationed at Fort Hood Dies
El Paso soldier stationed at Fort Hood dies New Year’s Day
Howland High graduate dies from illness while serving in Texas
Greywolf remembers and honors the lives of Pfc. Kai Yancey and Pfc. Randal Anderson
Number of recent Fort Hood soldier deaths raises questions
Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas (US Army)
73 Fort Hood Soldiers Died Since January 2016: 4 Insider Attacks & 2 Suicides Overseas; 67 Stateside Deaths Including 34 Alleged Suicides & 1 Unsolved Homicide
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members
The Fort Hood Fallen on Facebook

Air Force SSgt Cierra Rogers Dies Mysteriously on U.S. Soil Shortly After Saving a Family from a Burning Building in South Korea (May 20, 2016)

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SSgt Cierra Rogers, US Air Force

Never forgotten SSgt. Cierra Rogers.

Related Links:
People holding blanket save mom, kids from fire in S. Korea
Osan honors airman who died after helping rescue family from fire
Staff Sergeant Dies From Injuries After Helping Rescue Family From Fire Outside Osan Air Base
Local airman dies mysteriously after helping save S. Korean family
Osan Air Base mourns loss of hero airman
UNSUNG HEROES: The Airman Who Died After Rescuing A Family From A Burning Building

Army Reservist SSG Virginia Caballero Died on Plane Enroute in US After Deployment in Kuwait, Family Received Conflicting Accounts of Cause of Death (September 13, 2014)

If you have any information that could help this family find answers, please contact us at militaryjusticeforall@gmail.com. Thank you.

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SSG Virginia Caballero, US Army Reserves (2014)

Honoring SSG Virginia Caballero, US Army Reserves, who became ill while en-route from Kuwait and then died unexpectedly shortly thereafter at a hospital in Rockford, Illinois on September 13, 2014. Apparently the commercial plane needed fuel and/or had to do an emergency landing for Virginia in Rockford, Illinois. It appears that they were on their way to Fort McCoy in Wisconsin. According to reports, Caballero was a Reservist stationed with the 452nd Combat Support Hospital, 330th Medical Brigade out of Milwaukee, Wisconsin but trained at Fort McCoy prior to her deployment to Kuwait.  She served in Kuwait for roughly eight months and for some reason was coming home a month early with a high ranking travel companion. Media reports claim she wanted to surprise her family in Texas. It is believed Caballero suffered from a blood clot which was exacerbated with the altitude on the flight. She was not listed as a non-combat death by the Department of Defense but this would in fact be considered a non-combat death due to medical. The family admits in newspaper articles that a lot of the details are sketchy.

Here are the questions we have after combing through the below articles. Why was she coming home a month early accompanied by a high ranking travel companion if she was going to surprise her family? Did something happen in country prior to her boarding that plane? Was this an early surprise for family in Texas or an expedited transfer from Kuwait back to the states? The military isn’t in the business of assigning high ranking travel companions unless there is an issue. Were there any concerns about medical health prior to boarding the plane? Where were they flying to? Rockford, Illinois is only a couple hour drive from Fort McCoy. Why did they not land the plane sooner at a larger airport like Chicago when the medical issues began to develop or the fuel began to get low? Why did the DoD not send out an official notification of non-combat death considering she was on active duty orders in support of war efforts in Kuwait? Criminal Investigation Division (CID) was assigned to investigate the cause of death of Virginia. The family was asked to submit a FOIA request for the results of the investigation.

Related Links:
Army Soldier Reflects on Life Overseas and Time Back Home
Lubbock movers reach out to help purple heart recipient
Soldier flying home to surprise family in Texas dies en route
Decorated soldier flying home to surprise family in Abernathy dies en route
Local Purple Heart Recipient Died While On Active Duty
Purple heart recipient’s body to arrive in Lubbock on Saturday
Family, friends remember Virginia Caballero as Veterans Day approaches
The Heart of a Soldier: Sergeant earns hero’s salute from hometown
USAR SSG Virginia Caballero, 41 (Noonie Fortin)
Non Combat Deaths of Female Soldiers in the US Military (Other Areas)
Tribute to SSG Virginia Caballero from her Family
Abell Funeral Home Tribute to Virginia Caballero

New Hampshire Air National Guardsman MSgt. David Poirier Died of Non-Combat Related Incident in Southwest Asia; Death Ruled Heart Attack (2014)

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MSgt. David Poirier, Pease Air National Guard, NH

Air National Guard Master Sgt. David Poirier, 52, died from a non-combat related incident on February 28, 2014. There was no location noted in the DoD press release but MSgt. Poirier was assigned to the Al Udeid Air Base in Qatar at the time of his passing. According to Sea Coast Online, MSgt. Poirier was deployed to Southwest Asia when his death occurred but the Air National Guard was not able to release the country due to host nation sensitivities. MSgt. Poirier was a post master from North Smithfield, Rhode Island. MSgt. Poirier was supporting Operation Enduring Freedom on behalf of the 157th Operations Support Squadron at Pease Air National Guard Base in New Hampshire. On March 5, 2014, news reports indicated that MSgt. Poirier died of a heart attack while serving overseas.

Related Links:
DOD Identifies Air Force Casualty
Honor the Fallen: Air Force Master Sgt. David L. Poirier
Air Guardsman dies overseas serving with Pease squadron
Airman assigned to Pease dies in non-combat-related incident
Pease airman from R.I dies in non-combat incident
Atkinson postmaster dies while serving overseas
North Smithfield man serving in Air Force dies in non-combat related incident
Calling Hours Sunday for Pease Airman Who Died Overseas
Poirier remembered as consummate guardsman
Death Of Air National Guardsman Under Investigation
Congressional Record: Remembering MSgt. David Poirier
Heart attack claimed life of Atkinson, NH postmaster serving in Qatar
Run for the Fallen: Air National Guard Master Sergeant David L Poirier
I Salute You; Air Force Master Sergeant David L. Poirier

Air Force SSgt. Samuel Davis Died at Off-Base Home in Alaska; Parents Report Complications After Back Surgery (2014)

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SSgt. Samuel Davis, US Air Force

Air Force SSgt. Samuel Davis, 33, died at his off base home in Alaska on February 23, 2014. According to his family, he died from complications after a back surgery. SSgt. Davis was assigned to Joint Base Elmendorf-Richardson (JBER) in 2011 where he worked as an aerospace maintenance craftsman with the 703rd Aircraft Maintenance Squadron. Media reports indicate that SSgt. Davis was the fourth serviceman from JBER found dead this month: Army Sgt. Okan Cetinbag, February 11; SrA Katrina Jackson on February 15; and SSgt. Darian Miller on February 18.

Related Links:
JBER airman found dead
Air Force sergeant dies at Alaska off-base home (Military Times)
Airman to be buried in Spencer
Funeral Set for Former Roane Resident SSgt. Sam Davis
Air Force investigates JBER death
Investigators probe death of JBER sergeant at off-base residence
Soldier’s death marks fourth JBER fatality in a month
JBER airman’s passing marks fourth death in February
Soldiers/Veterans Dead of Probable Sudden Cardiac Death (PROB SCD)
Violent Crime, Suicide, and Non Combat Death at Joint Base Elmendorf-Richardson, Alaska (Army & Air Force)