The Department of Defense Inspector General’s office held a Worldwide Hotline Outreach Conference today July 28, 2016. One of their keynote speakers was Lt Col Teresa James, US Army, Retired, highlighted before on this site. The DoD IG twitter feed shared excerpts from her presentation summarized below. As she spoke, I tweeted with them to bring awareness to the specifics that Lt Col James noted and why they are so important. For a complete listing of the tweets by the DoD IG, please visit their Twitter feed here.
“Sexual assault is a huge problem in the US military. And for many victims, the process of reporting their crime and seeking justice can be as traumatic as their assault.
Most members of Congress and military officials agree that these basic facts are true, and that more reforms to the military justice system could help. But there’s a profound disagreement on how, and how much, the system needs to change.
The US Senate is expected to vote this week on the Military Justice Improvement Act (MJIA). Advocates, who have been pushing for the MJIA since 2013, say the reform would make the process of prosecuting sex crimes a lot easier and smoother for victims and help victims feel more empowered to come forward and report the crimes against them.
An unusual bipartisan cadre of senators support the MJIA, from Elizabeth Warren to Ted Cruz. But the Pentagon adamantly opposes it, and many senators listen to the Pentagon when it says the MJIA would undermine “good order and discipline.” So there’s still no filibuster-proof, 60-vote majority for the measure, and it’s been defeated every year it’s come up.”
Army Pfc. Brandon Austin Banner, 22, whose home of record is listed as Milton, Florida, entered active-duty military service in March 2014 as a motor transport operator and was assigned to 3rd Battalion, 16th Field Artillery Regiment, 2nd Armored Brigade Combat Team, 1st Cavalry Division, Fort Hood, Texas since July 2014. Banner’s awards and decorations include National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon and the Marksmanship Qualification Badge-Sharpshooter with Carbine.
Learn more from III Corps and Fort Hood Facebook page here.
Mr. Speaker, Texas has been hammered by historic torrential rain and flooding. As the Texas floodwaters rose, 12 soldiers from Fort Hood, Texas, were crossing Owl Creek in a 21⁄2-ton Light Medium Tactical Vehicle when it became stuck in the Owl Creek low water crossing.
Suddenly, the vehicle was swept over and sent downstream by fast-moving water. Nine American soldiers drowned in the massive flood waters. Today, we remember them, and here they are: Staff Sergeant Miguel Colon Vazquez, 38, from New York.
The soldiers were members of the 3rd Battalion, 16th Field Artillery Regiment, 2nd Armored Brigade Combat Team of the 1st Cavalry Division. These American soldiers were volunteers who swore to protect the United States.
They were a cut above the rest and were ready to defend freedom at home and abroad. Their lives were ripped from this world and their families all too soon. We are grateful for them and their families for their service and their sacrifices.
These soldiers are the best of America. Our thoughts and prayers are with the soldiers and their families, who have been devastated by the floods of Texas this spring.
Our country often doesn’t truly realize the time and training and sacrifice that goes into preparing our Warriors for serving and protecting us all over this world. We somehow think that our sons and daughters, who were just yesterday playing basketball in the driveway or video games with friends or just worrying about assignments due at school, all of a sudden are turned into warriors without any danger or sacrifice. It is our responsibility to recognize the tremendous amount of effort that goes into making these kids down the block into men and women who stand ever ready to defend us against our enemies. Two years ago, during what we now know to be a questionable training exercise, we lost nine precious lives. Families and survivors have been forever changed, their path in life significantly altered.
These men and women died here on our soil. They woke up that morning ready to learn and ready to complete just another training mission like any other. They never knew this would be their last day here or the fear and doubt that would surround their passing. As Americans, we honor them. We honor them for signing on the dotted line, for their dedication to each other, for their passion for their country and its people and for their devotion to their mission. We remember them as regular people preparing to do amazing things…as Warriors. But we also remember them as ours, as our sons, daughter’s, mothers, sisters, brothers, fathers, and friends. We remember them in how they lived and what courage it took to do so. We pause and take note that Warriors are not born but molded and their sacrifices never ever forgotten. -The Fort Hood Fallen (June 2, 2018)
Mr. Speaker, Texas has been hammered by historic torrential rain and flooding. As the Texas floodwaters rose, 12 soldiers from Fort Hood, Texas, were crossing Owl Creek in a 21⁄2-ton Light Medium Tactical Vehicle when it became stuck in the Owl Creek low water crossing.
Suddenly, the vehicle was swept over and sent downstream by fast-moving water. Nine American soldiers drowned in the massive flood waters. Today, we remember them, and here they are: Staff Sergeant Miguel Colon Vazquez, 38, from New York.
The soldiers were members of the 3rd Battalion, 16th Field Artillery Regiment, 2nd Armored Brigade Combat Team of the 1st Cavalry Division. These American soldiers were volunteers who swore to protect the United States.
They were a cut above the rest and were ready to defend freedom at home and abroad. Their lives were ripped from this world and their families all too soon. We are grateful for them and their families for their service and their sacrifices.
These soldiers are the best of America. Our thoughts and prayers are with the soldiers and their families, who have been devastated by the floods of Texas this spring.
When a mysterious explosion rocks a sleepy suburb, it’s up to Kenda to ID a pile of charred remains and find the killer who triggered the blast. Then…a young mother’s murder leads the CSPD on a harrowing car chase that ends in a violent showdown. -Point of No Return, Homicide Hunter (S5,E13)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
On February 12, 2015, President Obama signed the Clay Hunt Suicide Prevention for American Veterans Act into law at the White House. -The Obama White House (February 12, 2015)
Summary: Learn more about the Clay Hunt Suicide Prevention for American Veterans (SAV) Act and the Administration’s commitment to help veterans.
The new suicide prevention law is named in honor of Clay Hunt, an extraordinary young Texan and decorated Marine who served with distinction in Iraq and Afghanistan. Like too many of our veterans, Clay struggled with depression and post-traumatic stress after he came home. Sadly, Clay’s life ended much too soon when he tragically committed suicide in 2011 at the age of only 28.
This new law builds on a long history of executive actions the President has issued to improve access to mental health services for members of the Armed Forces, veterans, and their families. The Clay Hunt Act will:
Require annual third-party evaluations of VA’s mental health care and suicide prevention programs
Create a centralized website with resources and information for veterans about the range of mental health services available from the VA
Require collaboration on suicide prevention efforts between VA and non-profit mental health organizations
President Obama passes law to prevent suicide among military members. -CNN (March 31,2016)
Hearing is Gillibrand’s First As Chair Of Senate Armed Services Subcommittee On Personnel – Has Been Leading The Fight To End Sexual Violence In Military
Washington, D.C. – U.S. Senator Kirsten Gillibrand released the following prepared remarks of her opening statement at today’s Senate Armed Services Subcommittee on Personnel hearing examining sexual assault in the military:
“It is an honor and privilege to Chair this hearing of the Personnel Subcommittee this morning. I want to thank the Ranking Member of this Subcommittee, Senator Lindsey Graham, for his support and working with me to move this hearing forward as quickly as possible.
“I know that all of our colleagues on the Armed Services Committee share our deep commitment to improving the quality of life of the men and women who serve in our all-volunteer force on active duty, or in the National Guard and Reserves, their families, military retirees, and Department of Defense Civilian personnel.
“And that is why this hearing today is so important to me personally…and to thousands of servicemembers…and their families across the country.
“The issue of sexual violence in the military is not new. And it has been allowed to go on in the shadows for far too long. The scourge of sexual violence in the military should be intolerable and infuriating to us all. Our best, brightest, and bravest join our armed forces for all the right reasons – to serve our country, protect our freedom, and keep America safe.
“The United States has the best military in the world and the overwhelmingly vast majority of our brave men and women serving in uniform do so honorably and bravely. But there is also no doubt that we have men and women in uniform who are committing acts of sexual violence and should no longer be allowed to serve.
“Too often, women and men have found themselves in the fight of their lives not in the theater of war – but in their own ranks, among their own brothers and sisters, and ranking officers, in an environment that enables sexual assault.
“And after an assault occurs, an estimated 19,000 sexual assaults happened in 2011 alone according to the Defense Department’s own estimates…some of these victims have to fight all over again with every ounce of their being just to have their voice heard…their assailant brought to any measure of justice… and the disability claims they deserve fulfilled. Congress would be derelict in its duty of oversight if we just shrugged our shoulders at these 19,000 sons and daughters…husbands and wives…mothers and fathers…and did nothing. We simply have to do better by them.
“When brave men and women volunteer to serve in our military they know the risks involved. But sexual assault at the hands of a fellow service member should never be one of them.
“Because not only does sexual assault cause unconscionable harm to the victim — sexual violence is reported to be the leading cause of post-traumatic stress disorder among women veterans — but it destabilizes our military, threatens unit cohesion and national security. Beyond the enormous human costs both psychologically and physically, this crisis is costing us significant assets – making us weaker both morally and militarily.
“Already, this Committee and the Pentagon took some first steps on this issue as part of last year’s National Defense Authorization bill that President Obama signed into law. While obviously our work is not done, I am hopeful that we can build on these initial changes which include:
Ensuring that all convicted sex offenders in the military are processed for discharge or dismissal from the Armed Forces regardless of which branch they serve in;
Reserving case-disposition authority for only high-ranking officers in sexual assault cases;
Pushing the Pentagon to lift the combat ban that prevents women from officially serving in many of the combat positions that can lead to significant promotion opportunities. By opening the door for more qualified women to excel in our military, we will have increased diversity in top leadership positions, improving response from leadership when it comes to preventing and responding to sexual violence;
And an amendment introduced by my colleague Senator Jeanne Shaheen and based on my legislation, the MARCH Act, means that troops who become pregnant as a result of an act of rape no longer have to pay out of pocket to have those pregnancies terminated.
“Concerning our first panel of witnesses, I want to salute each of you for your courage today in telling your very painful and personal stories. It is my hope and belief that by committing this selfless act you are encouraging others to step forward and are also helping to prevent other crimes from going unpunished.
“We have a duty to you, and the thousands of victims you represent, to examine whether the military justice system is the most effective and fairest system it can be.
“Despite some very dedicated JAG officers, I do not believe the current system adequately meets that standard. The statistics on prosecution rates for sexual assaults in the military are devastating. Of the 2,439 unrestricted reports filed in 2011 for sexual violence cases – only 240 proceeded to trial. Nearly 70 percent of these reports were for rape, aggravated sexual assault or non-consensual sodomy.
“A system where less than 1 out of 10 reported perpetrators are held accountable for their alleged crimes is not a system that is working. And that is just reported crimes. The Defense Department itself puts the real number closer to 19,000! A system where in reality less than 2 out of 100 alleged perpetrators are faced with any trial at all is clearly inadequate and unacceptable.
“My view is that emphasizing institutional accountability and the prosecution of cases is needed to create a real deterrent of criminal behavior. The system needs to encourage victims that coming forward and participating in their perpetrator’s prosecution is not detrimental to their safety or future, and will result in justice being done. Because currently, according to the DOD, 47 percent of service members are too afraid to report their assaults, because of fear of retaliation, harm or punishment. Too many victims do not feel that justice is likely or even possible.
“We need to take a close look at our military justice system, and we need to be asking the hard questions, with all options on the table, including moving this issue outside of the chain of command, so we can get closer to a true zero tolerance reality in the Armed Forces. The case we have all read about at Aviano Air Base is shocking, and the outcome should compel all of us to take the necessary action to ensure that justice is swift and certain, not rare and fleeting.
“I had the opportunityto press Secretary Hagel on the issue of sexual violence in the military during his confirmation hearing. Secretary Hagel responded by saying, ‘I agree it is not good enough just to say zero tolerance. The whole chain of command needs to be accountable for this.’
“I could not agree more. I was very pleased with the Secretary’s public statement earlier this week that he is open to considering changes to the military justice system as well as legislation to ‘ensure the effectiveness of our responses to the crime of sexual assault.’
“It is with this spirit as our guide that I look forward to hearing from our witnesses.
“After Ranking Member Graham makes his opening remarks, we will hear testimony from my colleague from California, Senator Barbara Boxer who has been a leading voice on this issue. In last year’s Defense bill she successfully included an amendment that prohibits any individual who is convicted of a felony sexual assault from being issued a waiver to join the military.
“We will then have the following witnesses who have either been the victims of sexual assault while serving in the military, or are very knowledgeable advocates for addressing the issue of sexual assaults in the military:
Anu Bhagwati is Executive Director and Co-Founder of the Service Women’s Action Network. Anu is a former Captain and Company Commander, she served as a Marine officer from 1999 to 2004. While serving, Anu faced discrimination and harassment as a woman in the military, and has borne direct witness to the military’s handling of sexual violence.
BriGette McCoy, former Specialist in the U.S. Army. BriGette served in the U.S. Army from 1987 to 1991. She was just eighteen years old when she signed up to serve her country in the first Gulf War. While stationed in Germany from 1988 to 1991, she was sexually assaulted by a non-commanding officer.
Rebekah Havrilla, former Sergeant in the U.S. Army. Rebekah served in the U.S. Army from 2004 to 2008. She was the only female member of a bomb squad in eastern Afghanistan and was attacked by a colleague at Salerno Forward Operating Base near the Pakistani border during her last week in the country in 2007.
Brian Lewis, former Petty Officer Third Class, US. Navy. Brian enlisted in the U.S. Navy in June of 1997. During his tour aboard USS Frank Cable (AS-40), he was raped by a superior non-commissioned officer and forced to go back out to sea after the assault.
“I encourage you to express your views candidly and to tell us what is working and what is not working. Help us to understand what we can do to address this unacceptable problem of sexual assaults in the military.
“Later this afternoon at 2:00 p.m., we will have a third panel of witnesses from the Department of Defense, and the military services, including the Coast Guard. I want to acknowledge that many of those witnesses are here this morning to listen to the critically important testimony from our first and second panels and I would like to thank them for their participation.”
A profile of Clay Hunt, a Marine who recently took his own life while waiting for upgraded benefits from the VA. (May 31, 2011)
“Clay had the world at his fingertips,” a friend recalls. Why did the Marine combat vet take his own life? -CBS News (March 3, 2013)
President Obama makes remarks before signing the Clay Hunt Suicide Prevention for American Veterans Act. -CBSN (February 12, 2015)
On February 12, 2015, President Obama signed the Clay Hunt Suicide Prevention for American Veterans Act into law at the White House. -The Obama White House (February 12, 2015)
President Obama signed the Clay Hunt Suicide Prevention for American Veterans Act. -C-Span (February 12, 2015)
The Clay Hunt Suicide Prevention for American Veterans Act is law tonight. -WGAL TV (February 12, 2015)
Clay Hunt, U.S. Marine Corps Veteran
Marine and veteran advocate Clay Hunt died by suicide in his Sugar Land, Texas home on March 31, 2011. Clay Hunt was open about his journey with Post Traumatic Stress Disorder from combat and used his advocacy to help other service members and veterans struggling with the invisible battle. His unexpected death prompted his family to speak out and they shared that his perceived ill treatment by the Department of Veterans Affairs was part of the reason he took his own life. In their quest to get justice for their son, they were able to inspire the Clay Hunt Suicide Prevention Act for Veterans passed by Congress and signed by President Barack Obama on February 12, 2015. According to President Obama’s website, the bill would require annual third-party evaluations of VA’s mental health care and suicide prevention programs; create a centralized website with resources and information for veterans about the range of mental health services available from the VA; and require collaboration on suicide prevention efforts between VA and non-profit mental health organizations. On March 13, 2019, AMVETS published a press release revealing their outrage with the Department of Veterans Affairs Clay Hunt Report. They requested a new report from the Veterans Affairs immediately, one that utilizes an outcomes based approach.
When a mysterious explosion rocks a sleepy suburb, it’s up to Kenda to ID a pile of charred remains and find the killer who triggered the blast. Then…a young mother’s murder leads the CSPD on a harrowing car chase that ends in a violent showdown. -Point of No Return, Homicide Hunter (S5,E13)
Homicide Hunter is an Investigation Discovery show featuring retired police Detective Lt. Joe Kenda (1973-1996). Lt. Kenda worked for the Colorado Springs Police Department for years and investigated and solved hundreds of cases during his employment. Now in his retirement, he outlines the cases that he encountered on the job and explains how he eventually solved the case. Colorado Springs is home of Fort Carson, an Army base with about 30,000 soldiers. This show is especially interesting given the fact that Lt. Kenda worked in a city with a close proximity to a large base. We have learned over time just how intertwined his job was with a military base known for an active role in fighting wars overseas over the years.
Exercises and deployments continually hone the skills of the Fort Carson Soldiers. When not deployed, Soldiers train annually at Pinon Canyon Maneuver Site and the National Training Center in California. Additionally, units participate in joint exercises around the world, including Central and South Africa, Europe, and Southwest Asia. In 2003, most Fort Carson units were deployed in support of Operations Enduring Freedom and Iraqi Freedom. ~Fort Carson History
Last night, Lt Joe Kenda discussed an explosives case that had been assigned to him. A powerful explosion occurred in a suburban neighborhood of Colorado Springs on November 12, 1978. He was actually working on paperwork on a Sunday when he received a call from police on the scene. They think they found human remains in the remnants of a detached garage near a single dwelling home. Joe was asked to investigate because this could be an intentional act of murder. Joe shared that the scenes he has investigated over the years have been horrific and quite shocking to include this one. As a result, he admitted that he has a hard time eating and sleeping, which are both signs of Post Traumatic Stress of which he admitted he has. This is a normal response for anyone who witnesses these acts of horror, especially over a long period of time.
After Joe arrived on the scene, he deduced that the damage looked like shrapnel damage. But his immediate thought was that it was most likely a gas explosion. He notices in the garage what looks like a large pile of human remains. Based on the remains, he assumed that it was most likely an adult male who was killed. If it’s not a gas explosion, what is it? A couple theories began to emerge including maybe the man lit a cigarette in an area with gas cans and exposed fuel or the victim was booby trapped with hidden wire. This could have been a murder.
Based on his fears of more explosives on scene, he decided to call the Colorado Springs Police Department (CSPD) Bomb Squad to investigate further to determine whether there were any more active munitions. He explained how explosive technicians truly understand explosives and other various devices. As soon as the Bomb Squad arrived at the scene, they immediately recognized the explosive had the smell of a military explosive. Fort Carson had this kind of ammunition on their base since before World War II. The Bomb Squad theorized that somebody from the base most likely smuggled it from Fort Carson and brought it to the current location. A CSPD detective explained how now we have robots to investigate bomb scares but back then we didn’t have that. Explosive technicians put their lives on the line everyday but more so before the advent of robots and other technologies to help minimize the danger of their jobs.
The CSPD Bomb Squad found another hand grenade in the garage that appeared to be live. An ordinance specialist entered the garage and not only found another grenade but he also found evidence of the dead man who was blown up by the first grenade. The second grenade appeared to be untampered with and there were no other explosives found at that location. Police suspected that the victim could have been in the building when someone threw the grenade in. They needed to learn more about the victim to determine if he had any enemies that would do something like this. They learned that the house is a rental and the current tenants only moved in a couple of months ago. The neighbor shared that a man named Estevan had recently retired and moved into this location. While on scene, a police officer found a human index finger quite a distance from the remnants of the garage. This discovery changed the whole direction of the case because the finger was found with a wire around it and this was the pin ring from the hand grenade. The victim may have pulled the pin and detonated the explosive. This could have been an accident.
Joe needed to identify the victim so he started with taking the victim’s finger to the lab so they could attempt to identify him by finger print. The lab technicians told him that without a name, it could take months before they get a match. In the meantime, Estevan’s wife showed up at the police station after learning what happened at her residence. Joe had to tell her that her husband was dead. She shared that his name was Estevan Maestas and he was a custodian at the school with finger prints on file. Estevan was simply going to clean out the garage because the people who lived their before left a bunch of junk in there. She left the house after he went out to the garage. Because his past did not indicate that this could have been a suicide attempt, it was theorized that this was in fact a tragic accident. Estevan most likely found the grenade, had no idea that it was live and maybe he thought it was a toy. He pulled the pin and he never felt a thing, he never knew what hit him.
The CSPD speculated that the grenades had been stolen from Fort Carson and brought into this rental home by a soldier. They assumed that most likely this guy didn’t want to deal with having to dispose of the grenades so he just left them there to become the next person’s problem. This was a hard pill to swallow given a man lost his life over this reckless act. Why was it not followed up on? Given how the military has strict regulations and is supposed to have strict chain of custody records to help them track all explosives, it should be easy to determine whether or not this grenade came from this base. It could have been brought home as a souvenir from World War II, Vietnam, or the Gulf War era. Were they able to cross reference the rental records at the location of the explosion with Fort Carson soldiers? This case revealed more mystery then resolve. If a soldier did smuggle the grenades from the base, why was there no investigation for theft, and now maybe even manslaughter? It is assumed that this person intentionally left them behind because they didn’t want to properly dispose of them.
In theory, no soldier should have been able to get these grenades on a plane or off the base without a search or a documentation trail given how the military usually conducts business. Much like communications security equipment (COMSEC), ammunition is inventoried and kept under lock and key in an effort to prevent compromises with dangerous repercussions. In most circumstances, if Fort Carson recognized that ammunition was missing, they would shut down the base until they found it. If someone dropped the ball at Fort Carson, a man lost his life because of careless documentation and security practices. And the Colorado bomb squad and Lt. Joe Kenda risked their lives in an effort to prevent anyone else from getting hurt or killed. Hopefully, soldiers learn a valuable lesson from this circumstance given it could have been a harmless act that went terribly wrong. Whoever left the grenades behind may not have intended for Estevan Maestas to die but he did. If a military member was responsible, it would be nice to know that the military has implemented safety and security procedures that can help prevent this kind of a tragedy from ever happening in our communities again.
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
