“Former Secretary of the Army Ryan D. McCarthy and the five civilian members of the Fort Hood Independent Review Committee unveiled the results of a three-month examination of the command climate and culture at Fort Hood and the surrounding military community on Dec. 8, 2020.”
“The independent review, which was directed by former Secretary McCarthy, arose from the questions and concerns voiced by family members, Congress, and various Hispanic advocacy groups during the investigation into the disappearance and murder of Spc. Vanessa Guillén.”
“The committee examined the command climate and culture at Fort Hood and the surrounding military community to determine whether they reflect the Army’s commitment to safety, respect, inclusiveness, diversity, and freedom from sexual harassment.”
“Committee members Chris Swecker, Jonathan Harmon, Carrie Ricci, Queta Rodriguez and Jack White conducted a two-week fact-finding mission to the Texas base, meeting with unit leaders, Soldiers, members of the Guillén family, local officials, law enforcement and community groups.”
Washington, DC – Today, Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, and Congressman Markwayne Mullin (R-OK), along with co-leads Reps. Sylvia Garcia (D-TX), John Carter (R-TX), Veronica Escobar (D-TX), Pete Olson (R-TX), Gilbert R. Cisneros, Jr. (D-TX), Troy Balderson (R-OH), Jason Crow (D-CO), and Will Hurd (R-TX), and 94 additional co-sponsors, introduced the I am Vanessa Guillén Act in honor of the late SPC Vanessa Guillén and the many survivors of military sexual violence who have bravely come forward in the wake of her disappearance and brutal murder. The legislation responds to these resounding calls for change by offering provisions that would revolutionize the military’s response to missing servicemembers and reports of sexual harassment and sexual assault by making sexual harassment a crime within the Uniform Code of Military Justice and moving prosecution decisions of sexual assault and sexual harassment cases out of the chain of command. Senator Mazie K. Hirono (D-HI) introduced companion legislation in the U.S. Senate today. This morning, following a meeting with the Guillén family, Speaker Nancy Pelosi announced a commitment to hold a House floor vote on the I am Vanessa Guillén Act. President Trump previously announced his support for the bill during a White House meeting with the Guillén family.
SPC Guillén’s disappearance and brutal murder became the catalyst for long overdue change when her family refused to let her case be neglected by Army leadership at Fort Hood. The Guillén family supports the I Am Vanessa Guillen Act, and Chair Speier is also leading a congressional delegation this weekend to Fort Hood to further investigate matters at the base and speak with servicemembers at all levels about their experiences and how best to accelerate the cultural change that is so urgently needed.
Specifically, the I Am Vanessa Guillén Act would:
-Move prosecution decisions on sexual assault and sexual harassment cases outside of the chain of command to an Office of the Chief Prosecutor within each military service;
-Create a standalone military offense for sexual harassment;
-Establish trained sexual harassment investigators who are outside of the chain of command of the complainant and the accused;
-Create a confidential reporting process for sexual harassment that is integrated with DoD’s Catch a Serial Offender database;
-Require the Government Accountability Office (GAO) to investigate the military’s procedures for finding missing servicemembers and compare with procedures used by civilian law enforcement and best practices;
-Require both DoD and GAO to conduct separate evaluations of the military services’ Sexual Harassment/Assault Response and Prevention (SHARP) programs; and
-Establish a process by which servicemembers can make claims for negligence and seek compensatory damages against DoD in the case of sexual assault or sexual harassment.
“Military leadership has repeatedly failed to reduce sexual harassment, sexual assault, and violent crime at Fort Hood, one of the worst sites for attacks according to Army officials, and throughout the armed forces,” Chair Speier said. “The endless cycle of harassment, assault, and retaliation for those who speak out reveals the deep roots of a toxic culture we must eradicate so that survivors are taken seriously and treated with respect, and assailants are held accountable. The I Am Vanessa Guillén Actwould do this by providing survivors independent investigations for both sexual harassment and sexual assault reports and independent charging decisions for courts-martial. It would also make sexual harassment a criminal offense in the military, helping get to the core of an issue that too often leads to violence and destroys careers, and lives. The Guillén family and legions of former and current servicemembers are demanding bold change. Congress must seize this moment and deliver on that demand for change by passing the I Am Vanessa Guillén Act.”
“The issue of sexual assault and sexual harassment in the military isn’t a Democrat or Republican issue – it’s an American issue,” Congressman Mullin said. “We must strengthen the military’s ability to protect its most important resource, which is the people who willingly sign-up to protect all Americans. The I Am Vanessa Guillén Act will also encourage survivors to come forward to report sexual assaults and sexual harassment and to provide justice. This is about protecting our men and women in uniform and I will keep fighting so no family has to go through what the Guillén family has gone through.”
“From the moment I started working with the Guillén family in May, I made it clear I would not stop until we found Vanessa and got justice in her name,” Congresswoman Garcia said. “The I Am Vanessa Guillén Act of 2020 is a transformative and comprehensive bill that will help save lives and give our soldiers an avenue to report sexual assault and harassment without fear – a lasting legacy in honor of Vanessa. I want the Guillén family to know that Congress, the Houston region, and the entire world stands with you and we won’t stop until we get justice for Vanessa.”
“First and foremost, my heart goes out to the Guillén family, no one should ever have to experience the pain they’ve experienced,” Congressman Carter said. “The men and women that selflessly serve our nation deserve to feel safe to report misconduct and feel confident that their issues will be fairly handled. There is absolutely no place for sexual misconduct in the United States military and we must take these steps to ensure that accountability is realized.”
“The unspeakable tragedy of Specialist Vanessa Guillén’s murder has shed new light and revealed to the American public the epidemic of unchecked sexual harassment and assault that too many service members have suffered,” Congresswoman Escobar said. “Specialist Guillén – and all servicemembers – deserve respect and justice, and it’s our obligation to protect those who bravely put their lives on the line for our country. We can’t continue the same approaches that have failed victims. Congress must respond to this moment of reckoning with new solutions to tackle this epidemic and pass the I Am Vanessa Guillén Act.”
“The tragedy that befell PFC Vanessa Guillén was horrific and reflects a growing problem in our Armed Forces. Our military members should never fear harassment or violence while defending our nation,” Congressman Olson said. “As a Navy veteran, I’m proud to support the I am Vanessa Guillen Act, which is an important step towards getting justice for PFC Guillén and other service members like her. It ensures there is a stand-alone military offense for sexual harassment and requires the GAO to review how our military processes missing service members in cases of suspected foul play compared to civilian law enforcement. By working together and demanding accountability, we can prevent the next tragedy. Our military must maintain higher standards and we will not be silent on this issue.”
“Year after year, we see an increase in reports of sexual assault and sexual harassment in our military and the same statements from military leadership about how unacceptable they are. It’s far past time we take bold action to bring accountability to the system and give survivors support,” Congressman Cisneros said. “In the memory of Specialist Vanessa Guillén, Republicans and Democrats are coming together to make legislative fixes to protect our men and women in uniform. I’m proud to join my colleagues in introducing the bipartisan I am Vanessa Guillén Act to provide the necessary support and resources for survivors of sexual assault and sexual harassment in our military. Our servicemembers and military families deserve to have the peace of mind that they’ll be heard and treated with dignity and respect.”
“Ohio is home to thousands of active duty servicemembers who risk their lives for our nation, and in return, it’s our country’s obligation to ensure their safety,” Congressman Balderson said. “In honor of Vanessa Guillén, this legislation will take important steps to ensure survivors of sexual assault and sexual harassment in our military can tell their stories without retribution and seek the justice they deserve.”
“As a soldier, I remember going to basic training to learn everything from marksmanship to the chain of command. The military is supposed to train new recruits on the essential tasks of the job, but we still don’t do nearly enough to address sexual assault in the ranks. We need to make sure we are creating a system and culture of accountability in the military to protect our women and men in uniform. For too long, sexual assault and violence has gone unaddressed,” Congressman Crow said. “The military failed Vanessa Guillén but I refuse to let Congress fail her or her family. It is Congress that decides what kind of military we have and now it is Congress’ responsibility to step up and pass the I AM Vanessa Guillén to protect our women and men in uniform.”
“We must work to ensure what happened to Vanessa Guillén never happens again,” Congressman Hurd said.“The I Am Vanessa Guillén Act of 2020 will protect soldiers like Vanessa by ensuring independent investigations occur in assault and harassment cases. This will better safeguard our soldiers from retaliation and help prevent these atrocious acts from ever happening in the first place.”
“Vanessa Guillén’s story makes painfully clear the need for a better response to sexual harassment and sexual assault in the military,” Senator Hirono said. The I Am Vanessa Guillén Act knocks down barriers to reporting sexual harassment and sexual assault and directly addresses the culture that protects the perpetrators of these crimes. It’s time to make a system that respects and protects survivors.”
The I Am Vanessa Guillén Actwill fundamentally reform reporting and investigation of sexual harassment in the military and transform prosecution of sexual harassment and assault by empowering an independent prosecutor, within each military service, to bring charges. The bill will also allow servicemembers who were sexually harassed or sexually assaulted to pursue monetary claims against DoD and will also require a comprehensive GAO review of the military’s sexual harassment and assault prevention and response programs, as well as the military’s procedures for responding to missing servicemembers.
A fact sheet and the text of the bill are attached to this press release.
Introduction of I Am Vanessa Guillen Act:
This is a hearing by the Subcommittee on Military Personnel, looking into sexual harassment allegations and how they’re responded to. It’s also looking into Fort Hood’s sexual assault and response program. This hearing is taking place a day before Vanessa Guillen’s family meets with President Trump and legislation is introduced. -KHOU 11 (July 29, 2020)
Rep. Speier, family of murdered soldier Vanessa Guillen on legislation in her honor -PBS News Hour (September 16, 2020)
“The IamVanessaGuillen Bill is a BiPartisan Bill. It is NOT a political issue, it’s a human rights issue,” Guillen family attorney Natalie Khawam wrote. -KCEN News (September 16, 2020)
Speaker Pelosi to reportedly bring ‘I am Vanessa Guillen’ Act to U.S. House floor for vote -25 News KXXV (September 16, 2020)
Vanessa Guillén’s family members speak during a news conference about the “I Am Vanessa Guillén Act,” in honor of the late U.S. Army Specialist and survivors of military sexual violence. -KXAN (September 16, 2020)
The ‘I am Vanessa Guillen’ bill was presented to Congress Wednesday, but what does it mean for the future of military service members facing sexual harassment. -KHOU 11 (September 16, 2020)
*Submitted to the House Armed Services Committee on September 11, 2020 and received no response
Dear House Armed Services Committee:
I accidentally stumbled upon Fort Hood while conducting research on the non combat deaths of female service members overseas. Fort Hood, along with a few other big Army bases in the U.S., was the common denominator in non combat death overseas. I also learned there are countless numbers of non combat deaths of male service members as well. They shouldn’t have to face death as a way to escape their situation (whether they are a victim of crime and/or it’s a mental health emergency). This issue in and of itself is its own animal and the reason we need policy enacted immediately to create a “bug out” plan for those in danger (or mental health emergencies) in overseas locations, especially if the chain of command fails them. There is no 911 overseas. Why is it the military is not accountable to the American public with the outcome of the investigations of a U.S. service member’s death? They conveniently get to hide behind the non combat death label and because they don’t disclose why or how the service member died in most cases, we are not able to make informed consent as to whether we want to join an organization that appears to hide their misdeeds in an effort to protect the reputation of the institution. I was inspired to look into the other non combat deaths of women overseas after learning the military labeled the obvious rape and murder of LaVena Johnson as a suicide. My research found this isn’t an anomaly, this is a pattern.
After noticing the pattern of the same bases tied to the non combat deaths overseas, I decided to start researching crime in and around the bases in question. Crime knows no boundaries. I took a look at JBLM, Fort Bragg, Fort Hood, Fort Carson, Fort Campbell, JBER, Fort Wainwright, Camp Pendleton, etc. I not only discovered violent crime in and around the bases but I discovered suicide and homicide in garrison were significant issues as well. In late 2016, I noticed a large cluster of deaths at Fort Hood on the heels of learning about all the other violent crime, non combat death and suicide at Fort Hood since 9/11/2001. I was especially upset with the way Fort Hood handled the missing person case of Dakota Stump and how they treated his family. As a result of me taking an interest in the issues at Fort Hood, families of the fallen started contacting me. What I learned collectively was startling. Please keep in mind, each family didn’t know about my conversations with the other families as all this information is considered confidential unless they want to tell their loved ones story on my website: www.militaryjusticeforall.com
As a result of the intel I was getting from families of the fallen at Fort Hood, I decided I was going to start paying closer attention to what was going on at this base. It was by far the most problematic compared to any other base. But please understand Fort Hood is symbolic of the other bases; they all have these same problems. The Army is by far the worst offender concerning death and violent crime in the military. The patterns that emerged from the Fort Hood families included lack of interest in missing persons cases, mislabeling deaths, shoddy death investigations, reports and information from Army leadership that didn’t add up or make sense, evidence goes missing, computer devices and phones are erased, secretiveness, dismissiveness, misleading, and cover-up. When it comes to an untimely or dubious death, it’s hard to find a family who won’t stop fighting for their loved one until justice is served. No justice, no peace. We currently have a group of families at Fort Hood and elsewhere who want to file a class action lawsuit to get the suspicious deaths of their loved ones reopened so they can be investigated properly by independent investigators. The Army did not investigate each death as a homicide until ruled out, therefore the scene was not preserved for evidence collection; they quickly ruled the death a suicide and moved on. According to Stars and Stripes, in the last five years, we’ve lost 165 soldiers at Fort Hood and 70 of those deaths were deaths ruled suicide. I have not included all cases because a lot of families have not come forward to share their story publicly because they are heartbroken, traumatized, confused, and overwhelmed. This experience leaves the families feeling helpless. Even if the death was in fact a suicide, these families want answers, they want the truth, and they want an avenue to find the truth. I was so concerned with the number of deaths stateside at Fort Hood, I went to Washington D.C. in December 2017 to ask for help and it fell on deaf ears including the office of the chair of the House Armed Services Committee, Mac Thornberry.
Sgt. Elder Fernandes, 23, whose home of record is listed as Brockton, Mass., was found [deceased] near Lake Polk in Temple. He entered the Army in September 2016 as a chemical, biological, radiological, and nuclear specialist and has been assigned to the 553rd Combat Sustainment Support Battalion (CSSB), 1st Sustainment Brigade, 1st Cavalry Division since April 2019. Fernandes’ awards and decorations include the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal and Army Service Ribbon.
Fernandes was last seen in Killeen on Aug 17. When he was reported absent on Aug. 18, Soldiers from his unit initiated a thorough search for him, both on and off post while cooperating with the Killeen Police Department and U.S. Army Criminal Investigation Command (CID) in an attempt to find him. The unit distributed his photograph, searched motorpools, parking lots, barracks, and headquarters buildings. Members of his unit visited local hotels and hospitals throughout Central Texas trying to find him as they expanded their search efforts.
The unit is cooperating with local authorities from the cities of Killeen and Temple as this incident remains under investigation. The Division will continue to support the Fernandes Family during this difficult time and requests everyone respects their privacy during this time of grief.
Massachusetts lawmakers write “evidence suggests that the Army failed to give him the proper support and care that he needed while serving at Fort Hood” Massachusetts (September 4, 2020) – U.S. Senators Edward J. Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Congressman Stephen F. Lynch (MA-01) today called on the independent review panel investigating the command climate and culture at U.S. Army Base Fort Hood, Texas to include the case of Army Sergeant Elder Fernandes in its review of the base. Sergeant Fernandes, a 23 year-old native of Brockton, Massachusetts who was assigned to the 1st Cavalry Division at Fort Hood, was found dead on August 25 after having gone missing on August 17. Shortly after he was reported missing, public reports revealed that in May of this year Sergeant Fernandes had reported a sexual assault allegation against a member of his chain of command and also became the target of bullying, hazing, and harassment. The Fort Hood independent review panel was created before Sgt. Fernandes’s disappearance, so the Massachusetts lawmakers are asking the panel to ensure it includes his case in the scope of their review and report.
In their letter, the lawmakers urged the Fort Hood panel to review the following issues:
The circumstances surrounding Sergeant Fernandes’s treatment by commanding officers and peers while serving at Fort Hood, including allegations of sexual assault, bullying, hazing, or harassment;
The adequacy of the investigation conducted by the Army of his reported sexual assault;
The circumstances surrounding his disappearance and death, including the Army’s coordination with local and state law enforcement in the search for him after he was reported missing, and;
The adequacy of Army’s coordination with and treatment of Sergeant Fernandes’s family, including but not limited to information-sharing during the search for Sergeant Fernandes and in the period after his body was discovered, and the release of his medical, service, and treatment records thereafter.
“Although an Army-led investigation remains ongoing into the cause and circumstances of Sergeant Fernandes’s death, the evidence suggests that the Army failed to give him the proper support and care that he needed while serving at Fort Hood,” write the lawmakers in the their letter. “As you conduct your independent, comprehensive review of Fort Hood, we urge you to consider the facts of Sergeant Fernandes’s case. We will do everything we can to ensure that Sergeant Fernandes receives the justice he deserves, that Army leaders are held accountable, and to prevent harm to any other soldiers at Fort Hood. We stand by, ready to assist in your review in any way possible, and we look forward to seeing your final report.”
Senators Warren and Markey along with Senator John Cornyn (R-Tex.) today sent a bipartisan request to Senate Armed Services Committee Chairman Jim Inhofe (R-Ok.) and Ranking Member Jack Reed (D-R.I.) asking that the Committee hold a public hearing to probe the findings and recommendations of the independent review panel on the command climate and culture at U.S. Army Base Fort Hood, Texas.
‘Gangs and the Military: Gangsters, Bikers, and Terrorists with Military Training’ by Carter F. Smith (2017)
“An internal report, obtained by Military.com through a Freedom of Information Act request, shows that gang members were tied to dozens of Army felony law enforcement reports and more than 100 criminal investigations in fiscal 2018, the latest year for which data is available. While these reports and investigations make up less than 1% of all Army law enforcement incidents, the new report shows that the little-discussed problem of military gang activity continues to be a headache for base commanders and other service leaders.”
Sgt. 1st Class John David Randolph Hilty, U.S. Army
The Department of Defense announced today the death of a soldier who was supporting Operation Inherent Resolve. Sgt. 1st Class John David Randolph Hilty, 44, from Bowie, Maryland, died March 30, 2020 in Erbil, Iraq, of a non-combat related incident. The incident is under investigation. Hilty was assigned to the 1st Battalion, 227th Aviation Regiment, 1st Air Cavalry Brigade, 1st Cavalry Division, Fort Hood, Texas.
Sgt. 1st Class John David Randolph Hilty entered the Army in April 1999 as an Army combat engineer. His most recent military occupational specialty was petroleum supply specialist. Hilty’s deployments include three tours to Afghanistan from January 2009 to December 2009, January 2012 to December 2012, October 2016 to October 2017 and most recently to Iraq in October 2019.
MILITARY JUSTICE FOR ALL 