Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)

Posted on March 24, 2021 by Administrator

SASC Sexual Assault in the Military Hearings (March 24, 2021)

Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military

“Sexual assault victims and victims’ advocates testified on the need for Congress to address prevention and handling of such cases in the military. The Senate Armed Services Subcommittee on Personnel convened the hearing and was considering various proposals, including making changes to the military justice system, to address how assault cases are prosecuted.” –Sexual Assault in the Military | CSPAN.org (March 24, 2021)

Video:

Senate armed services committee holds hearing on sexual assault in the military

Senator Elizabeth Warren on Sexual Assault in the Military

Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse

How personal experience is guiding this military corp’s attempt to combat sexual assault

Sen. Gillibrand Pushes For Sexual Assault Reform In Military

Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:

Ms. Amy Braley Franck, Never Alone Advocacy

Download Testimony here.

Chairman Gillibrand, Ranking Member Tillis, and Members of the Committee, I thank you for this opportunity.

My name is Amy Braley Franck I have been working with victims of sexual violence since 2006. Currently employed as Victims’ Advocate at 416th Theater Engineer Command.

I am currently being retaliated against for reporting Command for illegally concealing and failing to report 3 violent Sexual Assaults to Law Enforcement.

I have been on a paid suspension since 20 November 2019 the day after I emailed LTG Charles Luckey the evidence. I emailed the same evidence to the Chief of Staff of the Army, GEN James McConville on 22 November 2019. I also sent this evidence to the Chairman of the Joint Chiefs of Staff, GEN Mark Milley and DOD SAPRO Admiral Burkhart and Nate Galbreath. This evidence mirrors what was documented in the Ft. Hood Report.

Sexual assaults and violent rapes not reported to CID or Law Enforcement, there was retaliation against victims and reporters of crimes, no Case Management Group or attendance for over a year.

I have been left in this “suspension” after protecting victims and reporting command for over 16 months completely ostracized and isolated in retaliation.

This evidence was reported to the Office of Special Counsel and the DOD IG

The Army’s Internal 15-6 process has impeded justice for my victims and myself. This internal investigative process does not allow for transparency and should be abolished.

A 17-year-old Private in Granite City, Illinois reserve center was raped resulting in broken bones. She had to stand next to her assailant in formation. The Command’s illegal 15-6 investigation was documented in a Memorandum for Record.

For over a year no one assisted her until I was notified in June 2019 but after my suspension, that ended.

Advocates are continually blocked by layers of Command from protecting their victims. When Commanders ignore the advice of Advocates, we have no recourse. There are no consequences for Commanders when they violate law.

Documented by the number of murders and murders by suicide. Nicole Burnham’s, Brigade Commander Col John Mountford left Nicole in the same barracks at Camp Casey with her offenders raped and later gang raped tortured for over 82 days before her Transfer was executed. Nicole is dead.

Staff Sgt. Morgan Robinson’s first offender is still serving in the Oklahoma Army National Guard. Staff Sgt. Robinson’s report of 9 Special Forces Soldiers placing a covering over her head, dragging her out of a tent and gang-raping her. Never investigated.

An outstanding Soldier committed Suicide; she was not protected.

Lavena Johnson’s brutal murder has never been investigated. The Army still states that it was a suicide.

16 years later the toxic culture again exposed with the murder of Vanessa Guillen.

This is not isolated to Fort Hood, documented across all components of the Military.

Ft. Campbell April 2020 another victim of a gang rape was arrested illegally by CID and denied counsel.

MG Shadley retired alerted MG Donna Martin. Nothing was done.

Never Alone helped Soldier with Suicidal Ideations. She is still fighting to clear her record.

Fort Bliss, 31 December 2020 Pfc. Asia Graham was found dead. Asia’s offender is identified as an accused serial rapist. Walking free no pre-trial confinement. He continued to live in the same barracks on the same floor with Asia and was moved into Headquarters Company with Asia until her untimely death.

Asia’s leadership failed to protect her after she reported her rape in February 2020 not June.

PVT Richard Halliday is still missing from Ft. Bliss.

When victims and victim advocates speak out about the broken process and illegal actions of commanders. We face severe retaliation.

All felony crimes murder, rape, sexual assault, domestic violence do not belong within the chain of Command’s control to investigate or prosecute.

Kamisha Block’s death deemed friendly fire, she was murdered due to Domestic Abuse.

The Abuse of Power is real.

In Italy the Provost Marshal,LTC Michae Parsons Army Garrison filed an espionage charge in Italian Court against an Army Spouse, Michela Morellato. Retaliation for exposing Gen Harrington resulting in his firing and demotion. This retaliation was reported to GEN Milley and IG. Nothing was done.

Illegal internal 15-6 process. Ability to redact investigations. None of us will ever know the truth or get justice.

Just this week my own sexual assault by a 2-star general still under investigation was improperly released to be weaponized against another sexual assault advocate during an unrelated court martial. The military has no checks and balances.

I was raised in the military and a proud mother of a Veteran. I will not stop until our Military is a safe. “Sexual misconduct is an abuse of power and force protection issue. The inability of commanders to execute essential command functions of “protection” is a significant threat to the United States Military’s ability to protect this great Nation.” Soldiers should Never be Alone.

Other Witnesses:
Ms. Amy Marsh, Military Spouse
Mr. Quinton McNair, Former SARC/SHARP Victim Advocate
Ms. Brenda S. Farrell, Director, Defense Capabilities And Management, GAO
Mr. Eugene R. Fidell, Senior Research Scholar, Yale Law School Adjunct Professor Of Law, New York University Law School
Colonel Don M. Christensen, USAF (Ret.), President, Protect Our Defenders
Colonel Lawrence J. Morris, USA Ret. (No electronic testimony submitted)

Honoring the Fallen:

Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)

Morgan Robinson, Army National Guard: “They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says

Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)

Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)

Asia Graham, U.S. Army: New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation

Richard Halliday, U.S. Army: Search Continues for Fort Bliss Soldier Reported Missing Over 200 Days

Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)

Fort Hood’s Toxic Culture? Red Flags Raised Over Mysterious Disappearances, Sexual Assaults | Hollie McKay (January 6, 2021)

Featured

Posted on January 6, 2021 by Administrator

Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present)

Report of the Fort Hood Independent Review Committee (November 6, 2020)

Fort Hood’s toxic culture? Red flags raised over mysterious disappearances, sexual assaults | Hollie McKay, Fox News (January 6, 2020):

“The sizable military installation has long come under fire over allegations of coverups and abuse“

The report also pointed to a lack of experience and high turnover within the ranks of the Criminal Investigation Department, leading to problems with launching sufficient investigations.

As it stands, there are more than 1,000 deserters wanted by the U.S. Army and it remains unclear explicitly what is being done to determine their fates. Ten months before Guillen disappeared, Pvt. Gregory Morales also vanished from Fort Hood. His body was unintentionally recovered a few miles from the base in June, during the search for Guillen. He had been listed as AWOL in August 2019 and later as a deserter.

However, for his mother, Kim Wedel, her life in Oklahoma halted as she pleaded for assistance and answers from Fort Hood’s Army Criminal Investigation Department (CID).

“If any other business had this many glaring problems, leadership would be gone. Why did it take an investigation to see that the CID was understaffed and overwhelmed? There was a lack of response from CID, and they certainly didn’t know what to do with me as a mom calling all the time,” Wedel told Fox News.

The Killeen Police Department is heading the investigation into Morales’ death, in which foul play is suspected, according to local reports.

“The Army didn’t care enough to see there was a problem,” Wedel asserted. “I still haven’t really heard from anyone down there. My son will never be at the forefront, and it is shocking how many parents like us are out there. People don’t just disappear because they choose to.”

Fort Hood’s toxic culture? Red flags raised over mysterious disappearances, sexual assaults

However, many soldiers and families connected to Fort Hood told Fox News that the personnel changes were merely cosmetic, and they feared “business as usual” when the spotlight faded.

Jennifer Norris, an Air Force veteran and military crime analyst who has focused on Fort Hood issues since 2016, said in order to look forward, one also must look back.

“The deaths ruled a suicide – they need to be investigated. Why did they take their lives? Were those deaths properly investigated? Was it really a suicide, or was it a murder? Everything needs to be questioned,” she added. “We can’t just pretend the last 20 years didn’t happen.”

Report of the Fort Hood Independent Review Committee (November 6, 2020)

Posted on November 6, 2020 by Administrator

Fort Hood Independent Review:

“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.”

“The 136-page Report of the Fort Hood Independent Review Committee offers findings and recommendations intended to benefit Fort Hood and the entire Army. In response, the former Secretary McCarthy has taken significant measures to hold leaders accountable at Fort Hood, instituted a new policy on missing Soldiers and formed the People First Task Force to map out a plan to tackle issues identified in the report.”

Military.com: Army Street Gang Activity Is Increasing, Internal Report Shows (August 17, 2020)

Posted on August 17, 2020 by Administrator

‘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.”

Trends in Active-Duty Military Deaths Since 2006 | Congressional Research Service (July 1, 2020)

Posted on July 1, 2020 by Administrator

Fort Hood Army Sgt. 1st Class John David Randolph Hilty Died of a Non-Combat Related Incident in Erbil, Iraq (March 30, 2020)

Posted on March 30, 2020 by Administrator

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.

DOD Identifies Army Casualty (April 1, 2020)

Death of a Fort Hood Soldier | John Hilty (April 1, 2020)

Army Pfc. Jason Decker Died of Unspecified Medical Condition While Stationed at Fort Hood, Texas (September 15, 2018)

Posted on September 15, 2018 by Administrator

Obituary: Pfc. Jason Matthew Decker, U.S. Army, age 25, of Slidell, LA, passed away on Saturday, September 15, 2018. Beloved husband of Emily Fuller Decker. Survived by his grandparents, who nurtured and raised him from birth, Buddy and Colette Decker, his birth mother Lacey Smith, his birth father, Adam Galloway. Brother of Madison Lara, Rylee Lara, Taylor Galloway, Megan Galloway, Matthew Galloway. Also survived by many Aunt’s, uncles, nieces, nephews, and friends. Jason was born in Slidell where he graduated from Slidell High school in 2011. Jason was an avid outdoorsman, loved baseball and his family. He will be greatly missed and remain in our hearts forever.

In the News:

A grieving father on his way to bury his son rushed to officer Jason Seals’ side after the crash. -WWLTV (September 26, 2018)

Peterson Air Force Base Staff Sgt. Austin Bieren Died of a Non Combat Death in Syria; Suspected Natural Causes, USAF Would Not Elaborate (March 28, 2017)

Posted on March 28, 2017 by Administrator

Photo: Staff Sgt. Austin Bieren (Obituary)

The Department of Defense announced today the death of a security forces airman who was supporting Operation Inherent Resolve. Staff Sgt. Austin Bieren, 25, of Umatilla, Oregon, died March 28 in northern Syria in a non-combat-related incident while deployed in support of combat operations. He was assigned to the 21st Space Wing at Peterson Air Force Base, Colorado. AP said in a statement from the base, Bieren died from “suspected natural causes.” Wing commander Col. Douglas Schiess says Bieren was “a beloved member of the team and will be sorely missed.” Bieren graduated from Umatilla High School in 2010 and entered the Air Force that November. He had been stationed at Peterson since June 2014.

According to the Burns Mortuary of Hermiston obituary, Austin Leo Bieren, 25, “was born on January 7, 1992 in Pendleton, Oregon to John Timothy Bieren and Tracy Ann (Gibson) Finck. Austin loved to hunt, fish, and hunt some more. He enjoyed anything and everything outdoors, the true definition of a mountain man. He avidly worked out and did everything to stay healthy and active. After basic training, he married his wife, Rachel (Kennedy) Bieren, and they both moved to Minot, North Dakota and were there for three years, and then moved to Colorado Springs where Austin worked at Peterson AFB. He was deployed three times.”

Notable Quotes:

“The Air Force did not elaborate on Bieren’s cause of death.” –Denver Post (March 30, 2017)

“It’s tragic that we lost that young man in kind of a strange way for a 25-year-old, but nonetheless space is embedded in everything we do. So anywhere you have American military people, you’re going to have space.” (Air Force Gen. John Hyten) –Fox News (March 31, 2017)

Col. Doug Schiess, 21st Space Wing commander mentioned Staff Sgt. Austin Bieren, a member of the 21st SW who died while serving in Syria. “We brought him home to his family, took care of his family and still are.” –21st Space Wing, USAF (June 21, 2017)

Peterson AFB deleted the press release. Here’s the original tweet.

Staff Sgt. Austin Bieren dignified transfer (DVIDS)

This Incident is Under Investigation by Amanda Robertson

Honoring Staff Sgt. Bieren’s Memory (Peterson AFB, CO)

One last time: Col. Schiess presents final Commander’s Call

Anniversary of Staff Sgt. Austin Bieren’s passing (Peterson AFB, CO)

Fort Hood Army Sgt. Jonathan Garcia Died of Injuries Suffered in a Motorcycle Accident in Harker Heights, Texas (March 26, 2017)

Posted on March 26, 2017 by Administrator

Death of a Fort Hood Soldier – Sgt. Jonathan Garrett Garcia

“Fort Hood officials have released the name of a Soldier who died of injuries suffered in a motorcycle accident March 26, Harker Heights, Texas.

Sgt. Jonathan Garrett Garcia, 29, whose home of record is listed as Georgetown, Texas, entered active-duty service in April 2007 as a motor transport operator. He was assigned to 1st Armored Brigade Combat Team, 1st Cavalry Division, Fort Hood, Texas, since November 2016.

Garcia deployed in support of Operation Iraqi Freedom from May 2009 to May 2010 and in support of Operation Enduring Freedom from April 2011 to February 2012.

Garcia’s awards and decorations include a Purple Heart, three Army Commendation Medals, five Army Achievement Medals, Army Good Conduct Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Afghanistan Campaign Medal with Campaign Star, Iraq Campaign Medal with campaign star, Global War on Terrorism Service Medal, Korea Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon and the NATO Medal.

Circumstances surrounding the accident are currently under investigation by the lead agency, the Harker Heights Police Department.”

Death of a Fort Hood Soldier – Sgt. Jonathan Garrett Garcia

Obituary:

“Sgt. Jonathan Garrett Garcia, 29, of Ft. Hood, Texas, passed away on March 26, 2017. He was born on December 6, 1987, in Hattiesburg, MS. Jonathan was educated at home and volunteered for the Mississippi Youth Challenge Academy, which he graduated from, earning his GED. He joined the United States Army at the age of seventeen, and was most recently assigned to the 1st Cavalry Division’s 1st Armored Brigade Combat Team. Jonathan deployed in 2009 in support of Operation Iraqi Freedom and again in 2011, in support of Operation Enduring Freedom.”

Never Forgotten: The Fort Hood Fallen (2016)

Posted on December 31, 2016 by Administrator

1. Army SSG Devin Schuette Found Dead in Vehicle at Recreation Area Near Fort Hood; CID Ruled Suicide, Spouse Requests Independent Investigation (January 3, 2016): https://wp.me/p3XTUi-5pY

2. Fort Hood Army Major Troy Wayman Found Dead at Nolanville, Texas Residence; Death Ruled Suicide by Self-Inflicted Gunshot Wound (January 16, 2016): https://wp.me/p3XTUi-6Nv

3. Fort Hood Army Sgt. Sean Van Der Wal Died in a Traffic Crash on I-35 in Texas; Driver Spc. Timothy Corder Found Guilty of Felony, Received Probation (March 6, 2016): https://wp.me/p3XTUi-5qp

4. Fort Hood Army Soldier Staff Sgt. Brian Reed Found Dead of Gunshot Wound at Off-Post Residence in Copperas Cove, Texas (March 14, 2016): https://wp.me/p3XTUi-5tp

5. Fort Hood Army Soldier SSG Steven Lewis Died of Self Inflicted Wound at Off-Post Residence in Killeen, Texas (March 22, 2016): https://wp.me/p3XTUi-5qg

6. Fort Hood Army Soldier Sgt. John Stobbe Found Dead at Off-Post Residence in Killeen, Texas (May 1, 2016): https://wp.me/p3XTUi-5qE

7. Fort Hood Army Staff Sergeant Ellsworth Allen Raup III Died After Motorcycle Crashed Into the Back of a Van on U.S. 190 in Killeen, Texas (May 9, 2016): https://wp.me/p3XTUi-8Pn

8. Fort Hood Army Sgt. Marcus Nelson Sr. Died While in Custody at Bell County Jail in Belton, Texas; Nelson Held on Charges Stemming from 1st Cavalry Division (May 23, 2016): https://wp.me/p3XTUi-8Py

9. Army Spc. Christine Armstrong Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7iH

10. Army Pfc. Brandon Banner Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7iY

11. Army Staff Sgt. Miguel Colonvazquez Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7j8

12. Army Pvt. Isaac Deleon Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7jp

13. Army Pfc. Zachery Fuller Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7jz

14. Army Pvt. Eddy Gates Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7jJ

15. Army Pvt. Tysheena James Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7jQ

16. Army Specialist Yingming Sun Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7B3

17. West Point Cadet Mitchell Winey Died in a Flash Flood Training Accident at Fort Hood in Texas (June 2, 2016): https://wp.me/p3XTUi-7Bf

18. Army SFC Antino Glass Died in a Fatal Motorcycle Accident After Hitting Livestock on Fort Hood in Texas (June 5, 2016): https://wp.me/p3XTUi-8PZ

19. Army Spc. Bernardino Guevara, Jr. Found Dead from Gunshot Wound in Parking Lot Near the Sportsmen’s Center at Fort Hood, Texas (June 6, 2016): https://wp.me/p3XTUi-8PO

20. Fort Hood Army Sgt. Duane Shaw III Found Unresponsive in Off-Post Killeen, Texas Home; 12th Reported Fatality in One Month (June 8, 2016): https://wp.me/p3XTUi-8Qb