Extraordinary Claims Should Require Extraordinary Evidence (June 26, 2018)

National GuardGuest Post by Liz Ullman:

Enrique Costas comes from four generations of dignified and recognized military service. His grandfather’s name is in the history books as one of the first soldiers to join the Puerto Rico National Guard to serve the United States. His father defended this country for 32 years, earning an Air Medal for heroism in Vietnam; his nephew will be commissioned as an officer in the next week and will be going on active duty.

Costas enlisted in the Puerto Rico National Guard in 1988. In 1999 he volunteered to be assigned as a Recruiter, earning top awards and commendations throughout his almost 14 years as the Senior Non-Commissioned Officer in Charge (NCOIC) of the Puerto Rico Army National Guard Recruiting and Retention (RR) Command office in San Juan. He was also selected and participated for seven years in the Puerto Rico National Guard Honor Guard, the team responsible for carrying our Nation’s and Army Colors in the highest of the Government’s activities and celebrations.

He was responsible for achieving monthly production for the three main tenets of the Guard recruiting office: Recruiting, Retention and Attrition Management • Staff resourcing for two Army battalions covering 13 cities • Supervising and mentoring up to 10 recruiting and retention non-commissioned officers.

Costas was a champion in mission accomplishment with the highest integrity and ethics. His walls are filled awards and photos with the Guard’s top-ranking officers, including General Clyde A. Vaughn, who personally commended Costas for his service and integrity. Costas retired in 2014 after Honorably serving our Nation for over 26 years.

The biggest mistake Costas made in his career was simply being on duty during the Guard Recruiting Assistance Program also known as G-RAP, a cash incentive opportunity for civilian soldiers to bring in new recruits. With no direction from Washington D.C.’s Strength Maintenance Division, General Vaughn’s recruiters were supposed to intuit the 60 changes in the G-RAP rules over a seven-year period, while also working to fill the dwindling ranks of Guard troops.

Just before dawn, on an early October morning in 2015, Costas’s home was stormed by six Federal agents and two State police officers, in full tactical gear. Costas thought his family was under attack, and it was – by the Government he had served. Costas was arrested and taken to a Federal Courthouse where he was charged with “crimes” dating back almost ten years, during the days of G-RAP.

Costas is one of hundreds of General Vaughn’s recruiters who have been held responsible for not knowing the G-RAP rules that were never sent to them. And not just held responsible — charged with criminal intent to commit fraud against the Government. General Vaughn, who created and administered G-RAP, and who was administratively sanctioned for poor management, is enjoying full retirement in Virginia and Arizona.

Costas is going to prison.

The government’s “evidence” against Costas and other recruiters does not even meet the standard of circumstantial. In his case, the government admitted during trial to having no actual evidence, but only a “reasonable inference” that a crime could have been committed.

As a recruiter, Costas could not and did not participate in G-RAP. There were no Army regulations that governed G-RAP because the program was run by a private Alabama-based contractor called Docupak. Docupak was essentially incentivized to run a sloppy program, earning a 17% markup on every new enlistment, on top of their contract fees and administrative expenses. This lack of training stands in sharp contrast to how the Army usually operates, with manuals and rules on almost every action and procedure.

The one rule that the prosecution seized on to brand soldiers and veterans as felons regarded the relationship between the Recruiting Officer and the Docupak civilian contractors known as Recruiting Assistants (RAs). When G-RAP began, those contractors were regarded as assistants to the Recruiting Officers. The Recruiting Officers might use the RAs to give that extra push to a potential applicant considering enlisting. The Recruiting Officers were encouraged to ask the RAs to attend recruiting events and help with the finding of potential candidates. The original program outline stated that the Recruiting Officer would provide specifics for each possible enlistment to the RA, including legal name, birth date and social security number. That information was used by Docupak to verify enlistments and process payments to their RA contractors. In later descriptions of G-RAP, the social security number would go from the new recruit to the RA contractor, bypassing the Recruiting Officer, which not a single RA contractor reports ever seeing or any evidence has ever been produced by Docupak that verifies it.

This procedural change has resulted in hundred of indictments and scores of convictions for identity theft and wire fraud. Soldiers and veterans are in prison. Costas, sadly, is on his way.

After the government filed more than 50 felonies against Costas, his defense team could not overcome the wrath of the United States and he was convicted by a jury who felt that with so many felonies filed, Costas certainly had to have done something wrong.

He did not. G-RAP was a tangle of mismanagement; the soldiers who were on duty during its tenure are paying the price of administrative failures by their command. In an internal investigation done by the Puerto Rico National Guard pertaining to G-RAP in 2012, the Investigating Officer admitted that “Recruiters had no formal training on how G-RAP operated.”

Costas and his family had their hearts broken when the prosecution opened with statements calling him a “cheater, stealer and a liar.” He said these words, “pierced the core of his soul.”

Presumption of Innocence or even the “benefit of the doubt” was never given. In the end the Government spent an estimated $100,000 prosecuting Costas and the jury found Costas guilty on three charges amounting to $3,000. Although never having a criminal record and an impeccable military career, the judge sentenced Costas to prison. In the end “reasonable inference” and circumstantial evidence weighed more than 26 years of honorable service willing to sacrifice life and limb.

Recently the United States Court of Appeals for the 6th District reversed and vacated a conviction of an accused soldier involving G-RAP and determined, that the “Government did not retain a revisionary interest in the funds and that it did not exercise supervision or control over the funds”. This decision cannot be applied to Costas unless the United States Court of Appeals for the 1st District, the Supreme Court, or Congress rules on it.

“Extraordinary claims require extraordinary evidence.”
― Carl Sagan

The claims were extraordinary. The evidence was missing. And yet, a United States military hero and veteran has been sacrificed.

We respectfully request that Congress or the White House appoint a commission to review the G-RAP investigation, to identify Soldiers that have been unjustly stigmatized by it, and to recommend suitable cases for clemency and pardon.

Related Links:
Stop G-RAP Injustice | Facebook
The Conspiracy Behind the G-RAP War on American Soldiers (March 30, 2016)
If You Look at the Dollars, Guard Recruiting Assistance Program Investigations Make No Sense (July 12, 2016)
Top Ten Problems with the National Guard Recruiting Assistance Program (G-RAP) Investigations (December 15, 2016)
An Open Letter to Congress Regarding the Investigations of the National Guard Recruiting Assistance Program (June 5, 2017)

August: U.S. Department of Defense Casualties Report (August 31, 2017)

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TSgt. David Board, West Virginia Air National Guard

08/02/17: DoD Identifies Air Force Casualty: David Board, 49, NCD, Kuwait, West Virginia Air National Guard

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Sgt. Jonathon Hunter, US Army, and Spc. Christopher Harris, US Army

08/02/17: DoD Identifies Army Casualties: Jonathon Hunter, 23, and Christopher Harris, 25, Afghanistan, Fort Bragg, North Carolina

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Spc. Allen Stigler, US Army, and Sgt. Roshain Brooks, US Army

08/13/17: DoD Identifies Army Casualties: Roshain Brooks, 30, and Allen Stigler, 22, Iraq, Fort Bragg, North Carolina

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Staff Sgt. Aaron Butler, Utah Army National Guard

08/16/17: DoD Identifies Army Casualty: Aaron Butler, 27, Afghanistan, Utah Army National Guard

Related Links:
August: Department of Defense Casualties Report (2002)
August: Department of Defense Casualties Report (2003)
August: Department of Defense Casualties Report (2004)
August: Department of Defense Casualties Report (2005)
August: Department of Defense Casualties Report (2006)
August: Department of Defense Casualties Report (2007)
August: Department of Defense Casualties Report (2008)
August: Department of Defense Casualties Report (2009)
August: Department of Defense Casualties Report (2010)
August: Department of Defense Casualties Report (2011)
August: Department of Defense Casualties Report (2012)
August: Department of Defense Casualties Report (2013)
August: Department of Defense Casualties Report (2014)
August: Department of Defense Casualties Report (2015)
August: Department of Defense Casualties Report (2016)
Non Combat Deaths of Female Soldiers in the US 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)

West Virginia Air National Guardsman TSgt. David Board Died of a Non-Combat Related Incident in Kuwait (August 2, 2017)

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TSgt. David Board, West Virginia Air National Guard

Air Force TSgt. David Board, 49, died in a non combat related incident on August 2, 2017 in Kuwait. TSgt. Board was supporting Operation Inherent Resolve on behalf of the 130th Airlift Wing at McLaughlin Air National Guard Base in West Virginia.

Related Links:
DoD Identifies Air Force Casualty
Pentagon identifies Air Guardsman who died in Kuwait
Airman Who Died in Kuwait in Non-Combat Incident Identified
WV Guard airman from Barboursville dies in Kuwait
West Virginia Air National Guard Airman Dies in Kuwait
Airman killed in Kuwait incident identified
US airman casualty in Kuwait identified as Tech. Sgt. David Board
National Guardsman from Barboursville who died in Middle East remembered fondly

August: U.S. Department of Defense Casualties Report (August 31, 2016)

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Aug. 24, 2016: DoD Identifies Army Casualty: Matthew Thompson, 28, Afghanistan, Joint Base Lewis-McChord, Washington

Aug. 14, 2016: DoD Identifies Army Casualty: Christopher Wilbur, 36, NCD, Afghanistan, Fort Carson, Colorado

Aug. 6, 2016: DOD Identifies Air Force Casualty: Flando Jackson, 45, NCD, Qatar, Washington Air National Guard

Related Links:
August: Department of Defense Casualties Report (2002)
August: Department of Defense Casualties Report (2003)
August: Department of Defense Casualties Report (2004)
August: Department of Defense Casualties Report (2005)
August: Department of Defense Casualties Report (2006)
August: Department of Defense Casualties Report (2007)
August: Department of Defense Casualties Report (2008)
August: Department of Defense Casualties Report (2009)
August: Department of Defense Casualties Report (2010)
August: Department of Defense Casualties Report (2011)
August: Department of Defense Casualties Report (2012)
August: Department of Defense Casualties Report (2013)
August: Department of Defense Casualties Report (2014)
August: Department of Defense Casualties Report (2015)
August: Department of Defense Casualties Report (2017)
Non Combat Deaths of Female Soldiers in the US 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)

Washington Air National Guardsman Lt. Col. Flando Jackson Died of a Non Combat-Related Injury at Al Udeid Air Base in Qatar (August 4, 2016)

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Lt. Col. Flando Jackson, Washington Air National Guard

Air National Guardsman Lt. Col. Flando Jackson died of a non combat related injury at Al Udeid Air Base in Qatar on August 4, 2016. Lt. Col. Jackson was supporting Operation Inherent Resolve on behalf of the 194th Wing, Camp Murray, Washington National Guard. At the time of the press release, the Department of Defense announced the incident was under investigation. The official cause of death is unknown.

Related Links:
DOD Identifies Air Force Casualty
Air Force officer supporting fight against Islamic State dies
Pentagon identifies lieutenant colonel who died in Southwest Asia
Department of Defense identifies airman killed in Southwest Asia
Washington National Guard mourns loss of Air Guard Lt Col

If You Look at the Dollars, the National Guard Recruiting Assistance Program Investigations Make No Sense (July 12, 2016)

Guest Post Submitted By Liz Ullman

“We are looking at spending over $600,000 of tax payer dollars for $2,000 that was allegedly stolen, most likely over 3-6 years ago, under a program that was deemed to be flawed, mismanaged and inherently opaque by the US Army’s own leadership.”

10456822-Cash-dollar-signs-Texture--Stock-Photo-bill It is true, that our forefathers set out to create a judicial system that blindly judged the accused in a manner that afforded them the opportunity to receive a fair trial, regardless of race, sex, beliefs, political stature or societal standings. However, as shown in the Guard Recruiting Assistance Program (G-RAP) scandal, it appears today’s judicial system is more about your ability to secure good lawyers and your civil status than it is about determining guilt versus innocence.

Most soldiers charged for their participation in G-RAP cannot afford an attorney. They are bullied by Army Criminal Investigative Command (CID) Agents to take polygraphs, provide incomplete statements (which are then used as evidence against them) and to accept a plea for criminal acts they did not commit. Without adequate counsel these service members are given ultimatums or forced to accept deals that leave them powerless. At best they are issued overworked public defenders who place them in a pool of other criminals including rapist, murderers and thieves. Soldiers are pushed to take plea bargains by the prosecution in an effort to give CID a quick victory and take the case off the public defender’s plate. However, this system puts a hefty burden on the soldier regardless of what road they take.

Continue reading

NBC Washington: Serving in Silence, Survey Shows Only One Dishonorable Discharge for Sexual Assault in the National Guard (June 29, 2015)

National Guardby Tisha Thompson

ONE-FIFTH OF THE NATION’S MILITARY ISN’T PROTECTED BY REFORMS…

What happens to those accused of rape or sexual assault in the National Guard varies dramatically depending on what state you work in.

The National Guard is unlike any other branch of the military. Serving as the state militia, the governor is the commander in chief, not the president. During wartime or when they are sent overseas for a federal mission, guardsmen become federalized under Title 10 and receive all the benefits and protections offered by the U.S. Army or Air Force.

Read more here.

Related Links:
National Guard Bureau’s Response to NBC4ITeam Survey (June 22, 2015)
Serving in Silence: Two-Star General Wants to Change How National Guard Deals With Sexual Assaults (April 2015)
Military Sexual Assault Testimony to Congress in January 2013 (National Guard & AD)
Military Women: We Got Fired for Being Raped
CA Military Sexual Assault Bill Becomes Law

Air Force Veteran Colleen McKernan Shot Husband Robert 10 Times; Plead Guilty to Manslaughter to Avoid 3rd Trial, Sentenced to 7 Years in Prison (2014)

Robert McKernan, 29, was shot ten times in his home in Massillon, Ohio by his wife Colleen on New Year’s Eve, December 31, 2014. Originally charged with murder, US Air Force veteran Colleen McKernan went to trial twice in 2016 and both times jurors were deadlocked. Colleen claimed she had been ‘hit by her husband’ of eight months for the last time and admitted shooting him ten times in self-defense. It was duly noted that Colleen was a Security Forces airman who not only had extensive fire arms training but that training included how to stay calm in stressful situations and environments. Colleen McKernan accepted a plea deal on the eve of her third trial and was given a 7-year sentence for manslaughter in 2017. Under the plea deal, Colleen could serve as little as 3 1/2 years in prison.

Related Links:
Northeast Ohio police investigate fatal shooting
Air Force Veteran Accused of Killing Husband on New Years Eve
Two Stark County murders keep police busy overnight
Two killed in Stark overnight: Wife charged with murder in Massillon; second man killed in Canton Township
Shooter tells 911 that ‘husband hit her for the last time’
Family of Massillon shooting victim given gift from good Samaritans
Parents of Massillon woman accused of killing husband ask for lower bond
Family of Massillon shooting victim given gift from good Samaritans
Strangers at restaurant give gift to Ohio family mourning shooting death of son
“They’re angels:” Mother, grieving her son’s murder, blown away by actions of complete strangers
Man’s Family Receives Gift From Strangers After His Death
McKernan murder trial: Couple argued night of fatal shooting
Coroner: Robert McKernan shot 10 times
Coroner: Robert McKernan shot 10 times (2)
Defense begins its case in Colleen McKernan murder trial
Aug. 15 is new trial date for Colleen McKernan
Dissecting second trial of Colleen McKernan as defense continues making its case
MISTRIAL: McKernan back in court Tuesday after jury fails to reach verdict in murder trial
Colleen McKernan to be tried again for murdering husband
Testimony Underway In 2nd McKernan Trial
Coroner: 10 bullets found in Robert McKernan’s body
Defense argues Robert McKernan was shot in face first
Prosecutor Grills Colleen McKernan After She Sobs Through Story of Shooting Husband
Attorney Ian Friedman Discusses Retrial of Colleen McKernan for Murder
Trial in fatal New Year’s Eve shooting ends in 2nd hung jury
Deadlocked again: Judge declares mistrial in McKernan case, third trial possible
Trial in fatal Canton, Ohio New Year’s Eve shooting ends in 2nd hung jury
Newlywed Colleen McKernan’s Murder Trial Ends With Second Hung Jury
Attorney Ian Friedman Discusses Similarities Between Both Colleen McKernan Murder Trials
Colleen McKernan Looks To Relocate
McKernan jurors: What if Colleen and Rob’s roles were reversed?
McKernan could serve 3 1/2 years under plea deal
Colleen McKernan reaches plea deal, avoids third murder trial
Colleen McKernan Reaches Plea Deal
Storify: Colleen McKernan agrees to plea deal
Colleen McKernan: Father Speaks Out–Part 1
Colleen McKernan: Father Speaks Out–Part 2
Mother of Rob McKernan’s son reacts to Colleen McKernan’s plea agreement
‘Til Death Do Them Part: A Husband Pushed Off a Cliff, a Wife Drowns and Other Newlywed Homicides
Colleen McKernan on Shooting Husband | 48 Hours
The Ultimate Pledge | Bride Killa (Investigation Discovery)
The Ultimate Pledge | Bride Killa (Investigation Discovery on YouTube)
48 Hours Premiered ‘The Evidence Room’ on CBS (2017)
Incident | Gun Violence Archive | Robert McKernan, Ohio


New Years Eve 2014 a holiday full of anger destroys a young Ohio couple when one is charged with the other’s murder. But this marriage is not a story of deceit and betrayal but rather a cautionary tale of how a volatile relationship can develop. -Bride Killa, Investigation Discovery

NBC Bay Area: California National Guard Military Sexual Assault Bill Becomes Law (August 21, 2014)

Air National Guard SealA new law passed today removes sexual assault investigations and prosecutions from the military chain of command.

California has just made a major change in the way sexual assault allegations are investigated in the state military department. On Thursday, Gov. Jerry Brown signed a bill that requires sexual assault cases to be investigated by outside civilian law enforcement, not by military commanders.

See NBC Bay Area video here.

Related Links:
NBC Bay Area: California National Guard Culture Questioned (November 14, 2012)
NBC Bay Area: California Guard Tries to Serve Firing Papers to Member After Suicide Attempt (June 25, 2013)
NBC Bay Area | Military Women: We Got Fired for Being Raped (August 21, 2014)

NBC Bay Area | Military Women: We Got Fired for Being Raped (August 21, 2014)

Air National Guard SealNew legislation in Iowa would address sexual assault and retaliation in the National Guard

“I was one of many that had a career ended shortly because I simply reported a sexual assault,” Jennifer Norris said.

Norris retired as a technical sergeant from the United States Air Force in 2010 and also served in the Maine and Massachusetts National Guards. Norris testified before Congress that during her military career, she was sexually assaulted four times between 1996 and 1998. She says after she finally reported the attacks to her supervisor, she faced retaliation.

“I went back and was blown away at how much disdain and hatred I faced as a result of standing up for what was right and protecting other women,” Norris said. “That right in and of itself was the biggest betrayal I ever experienced in my life….When you have zero support and you are alone, it will push you to the place Jessica Brown has been. I have been there.”

See NBC Bay Area video here.

Related Links:
NBC Bay Area: California National Guard Culture Questioned (November 14, 2012)
NBC Bay Area: California Guard Tries to Serve Firing Papers to Member After Suicide Attempt (June 25, 2013)
NBC Bay Area: California National Guard Military Sexual Assault Bill Becomes Law (August 21, 2014)