Fort Hood Soldier CW02 Andre Nance, US Army, Found Dead at On-Post Hotel at Fort Rucker, Alabama While Attending Training; Under Investigation by CID (2017)

CW2 Andre Nance lg

CW02 Andre Nance, US Army

CW02 Andre Nance, 34, US Army, of Fort Hood was found unresponsive in his on-post hotel room at Fort Rucker, Alabama on February 27, 2017.  CW02 Nance’s home of record is listed as Randallstown, Maryland and he entered the Army in February 2004. CW02 Nance was attending the warrant officer advance course at Fort Rucker and was assigned to Headquarters and Headquarters Battalion, III Corps at Fort Hood. Nance deployed in support of Operation Enduring Freedom from April 2009 to April 2010, January 2012 to March 2012, and June 2014 to March 2015. The circumstances surrounding this incident are under investigation by Army Criminal Investigation Division (CID).

Related Links:
CW2 Andre Nance lg.jpg
Death of a Fort Hood Soldier
Chief Warrant Officer 2 Andre George Nance – III Corps
Deceased Fort Rucker soldier identified
Fort Hood Soldier Found Dead in Alabama Hotel
Fort Hood soldier found unresponsive at Fort Rucker
Army IDs Fort Rucker soldier found dead on post
Fort Hood: Soldier found dead in Alabama hotel identified
UPDATE: Soldier found dead at Fort Rucker hotel identified
Fort Hood soldier found dead on post in Alabama hotel
Army identifies Fort Hood soldier found dead in Alabama
Why Have So Many Fort Hood Army Soldiers Died Stateside in the Last Year?
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas
The Fort Hood Fallen on Facebook

Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside

US Army

Fort Hood, U.S. Army

  • 66 deaths at Fort Hood since 1/16
  • 4 insider attacks in Afghanistan
  • 1 non combat death (suicide) in Iraq
  • 1 non combat death in Korea
  • 60 stateside non combat deaths
    • 3 homicides off base
    • 12 found dead on post
    • 21 found dead off post
    • 10 died in training accidents
    • 2 died from medical issues
    • 7 died in motorcycle accidents
    • 3 died in automobile accidents
    • 1 died unexpectedly out of state
    • 1 declared dead after missing

I have been working in real time in an effort to collect the information of the soldiers we have lost stateside and overseas for a project I am working on. I started these efforts quite a few years ago but am now just pulling things together by base. Fort Hood has come up in research enough to warrant investigation into a problem with untimely deaths in the form of training accidents, vehicle accidents, motorcycle accidents, suicide, violent crime, non combat death, insider attacks, and unknown causes of death. I noticed a large spike in soldier death in November 2016 when we learned that four soldiers died stateside at Fort Hood and two died in a suicide bombing on a protected base in Afghanistan at the start of a Veteran Day fun run. Allan Brown eventually succumbed to his injuries from the blast in December 2016. And because I track military crime and suspicious death cases both stateside and overseas, I observe far more death when looking at the big picture.

I kept up with November 2016 and honored the service members we lost that month. Since then, we have lost at least seven more Fort Hood soldiers which is why I created this post. There has been an unusually high cluster of deaths at one base in the last year. The Army has announced they are going to probe the unusually high death counts but like most things, the report will come back with some canned response to protect the Chain of Command. We want to protect all the soldiers by doing our own probe. After doing a google search ‘Soldier Found Dead Fort Hood’ I learned that 2016 was a tough year for the base in general. I want to acknowledge the families who have lost their loved ones. I want to acknowledge the service and sacrifice of the soldiers who have died. I want to acknowledge the soldiers who were impacted by the untimely deaths of their fellow soldiers. It can’t be easy for a post to lose one soldier, let alone several. Please help us honor The Fort Hood Fallen on Facebook.

January 2016
1/3: Devin Schuette, 35, US Army (found dead on post)
1/5: Jonathan “Mike” Gilotti, 33, US Army Veteran (homicide victim in Alabama)
1/16: Troy Wayman, 45, US Army (officer found dead off post)

March 2016
3/6: Sean Van Der Wal, 25, US Army (fatal auto accident off post)
3/14: Brian Reed, 40, US Army (found dead w/ gunshot wound off post)
3/20: Andrew Poznick, 45, US Army (officer found dead in Pennsylvania)
3/22: Steven Lewis, 33, US Army (died of self-inflicted wound off post)

May 2016
5/1: John Stobbe, 31, US Army (found dead off post)
5/9: Ellsworth Raup, 33, US Army (fatal motorcycle accident off post)
5/23: Marcus Nelson, 45, US Army (died while in custody at local jail)

June 2016
6/2: Christine Armstrong, 27, US Army (died in flood training incident)
6/2: Brandon Banner, 22, US Army (died in flood training incident)
6/2: Miguel Colonvazquez, 38, US Army (died in flood training incident)
6/2: Isaac Deleon, 19, US Army (died in flood training incident)
6/2: Zachary Fuller, 23, US Army (died in flood training incident)
6/2: Eddy Gates, 20, US Army (died in flood training incident)
6/2: Tysheena James, 21, US Army (died in flood training incident)
6/2: Yingming Sun, 25, US Army (died in flood training incident)
6/2: Mitchell Winey, 21, US Military Academy (died in flood training incident)
6/6: Bernardino Guevara Jr., 21, US Army (died of gunshot wound on post)
6/5: Antino Glass, 34, US Army (fatal motorcycle accident)
6/10: Duane Shaw, 34, US Army (found dead off post)
6/11: Dougal Mitchell, 32, US Army (fatal automobile accident off post)

July 2016
7/12: Alexander Johnson, 21, US Army (found dead on post)

August 2016
8/1: Logan Rainwater, 24, US Army (fatal motorcycle accident off post)
8/4: Calvin Aguilar, 32, US Army (found dead off post)
8/19: Dion Servant, 24, US Army (found dead on post)

September 2016
9/9: Stacy Hardy, 20, US Army (fatal motorcycle accident)
9/13: Andrew Hunt, 23, US Army (officer found dead at on post residence)
9/17: Nathan Berg, 20, US Army (died of gunshot wound off post)

October 2016
10/7: Bradley Acker, 25, US Army (death was self-inflicted at off post residence)
10/15: Douglas Bailey, 24, US Army (found dead at off post residence)
10/20: Douglas Riney, 26, US Army (ambushed by lone gunman in Afghanistan Army uniform)

November 2016
11/3: Dakota Stump, 19, US Army (found dead on post after went missing)
11/12: Tyler Iubelt, 20, US Army (suicide Bomber on base, Afghanistan)
11/12: John Perry, 30, US Army (suicide Bomber on base, Afghanistan)
11/10: Daniel Monibe, 32, US Army (died of illness off post)
11/16: Kevin Paulino, 24, US Army (died of self-inflicted gunshot wound in Indiana)
11/18: Korey James, 21, US Army (found dead at off post residence)
11/26: Wanya Bruns, 20, US Army (died of gunshot wound off-post)

December 2016
12/6: Allan Brown, 46, US Army (suicide Bomber on base, Afghanistan)
12/24: Paige Fontenot Briles, 21, US Army (found dead in vehicle at on post housing)

January 2017
1/1: Kai Yancey, 26, US Army (died of medical illness)
1/2: Randal Anderson, 22, US Army (died of gunshot wound off-post)
1/7: Barron Von Reichelt, 24, US Army (fatal auto accident)
1/11: Alex Taylor, 23, US Army (found dead on post)
1/12: Zackary Partin, 24, US Army (found dead at on post residence)

February 2017
2/5: Steven Hines, 29, US Army (CID Agent found dead behind building)
2/6: Christie Anderson, 44, US Army (found dead at off post residence)
2/17: Michael Garcia, 29, US Army (died in vehicle training accident)
2/18: Sean Callahan, 31, US Army (passed away unexpectedly in Iowa)
2/21: Brian Odiorne, 21, US Army (non combat death in Iraq ruled suicide by CID)
2/27: Andre Nance, 34, US Army (found dead on post at Fort Rucker, AL)

March 2017
3/26: Jonathan Garcia, 29, US Army (fatal motorcycle accident)

April 2017
4/7: Daniel Wildeman, 40, US Army (found dead on post in barracks)
4/11: Darius Cooper, 40, US Army (declared dead by board of inquiry after went missing when car swept away in low water crossing)
4/16: David Ananou, 30, US Army (death by apparent drowning at Belton Lake)
4/17: Justin Lewis, 19, US Army (shot to death in Killeen, ruled homicide)

May 2017
5/5: Travis Granger, 29, US Army Veteran (gunshot wound, ruled homicide)
5/14: Jon Bullard, 40, US Army (found unresponsive at off post residence in Temple, died next day)

June 2017
6/15: Devon Tucker, 21, US Army (found unresponsive at off post residence in Copperas Cove)

July 2017
7/3: Anthony Lovell, 40, US Army (multiple blunt force injuries, death was ruled a motorcycle accident by the Southwestern Institute of Forensic Sciences)
7/11: Justen Ogden, 22, US Army (found unresponsive at on post home, under investigation)
7/14: James Smith, 24, US Army (fatal motorcycle accident off post, under investigation)
7/26: Deangelo Mathis, 22, US Army (found unresponsive in Georgia)

August 2017
8/1: Zachary Moore, 23, US Army (found unresponsive in barracks room, Korea)

Learn more:
Honoring the U.S. Service Members Who Died in November 2016
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas (US Army)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members
Soldier standoffs: Police, community respond to scars of war
The Fort Hood Fallen on Facebook

Army CID Special Agent Staff Sgt. Steven Hines Found Dead Behind Fort Hood Building, Under Investigation by Off-Post CID Agents (2017)

Screen Shot 2017-03-09 at 3.34.38 PM

Staff Sgt. Steven Hines, US Army

Staff Sgt. Steven Hines, 29, was found dead behind a building on Fort Hood in Texas on February 5th 2017. Staff Sgt. Hines joined the Army in July 2007 and was a Criminal Investigation Division (CID) special agent assigned to the 11th Military Police Battalion. CID agents report foul play is not suspected but has not been ruled out as they continue to conduct a death investigation. According to reports, special agents from outside of Fort Hood have been brought in to head up the investigation.

Related Links:
Obituary: Steven Kendall Hines
Army investigator found dead on post
Army CID agent found dead on Fort Hood
Army CID Agent Found Dead on Fort Hood
CID special agent found dead behind building at Fort Hood
Army CID special agent found dead behind Fort Hood building
Fort Hood special agent’s body found behind building on base
Army CID Investigating Soldier’s Death at Fort Hood
Army CID investigating soldier’s death on Fort Hood
Army probing death of investigator at Fort Hood, 1 of 6 deaths at the base this year
Why Have So Many Fort Hood Army Soldiers Died Stateside in the Last Year?
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas
The Fort Hood Fallen on Facebook

Spc. Zackary Partin, US Army, Found Dead in Fort Hood Barracks Room, Under Investigation by CID (2017)

Screen Shot 2017-03-07 at 10.17.03 AM

Spc. Zackary Partin, US Army

Spc. Zackary Partin, 24, US Army, was found dead in his Fort Hood, Texas barracks room on January 12, 2017. Spc. Partin’s home of record was listed as Oakwood, Illinois and he joined the Army in November 2012. Spc. Partin was a radio operator assigned to the Headquarters Battalion, 1st Sustainment Brigade, 1st Cavalry Division at Fort Hood. Zackary’s death is under investigation by the Army Criminal Investigation Division (CID).

Related Links:
Obituary: Zackary Partin
Fort Hood soldier found dead in barracks
Fort Hood: Soldier found dead in barracks room identified
Soldier found in barracks is 11th death at Fort Hood since November
Soldier Found in Barracks Is 11th Death at Fort Hood Since November
Soldier’s Death Last Week is 11th at Fort Hood Since November
24-Year-Old Oakwood Soldier Dies During Active Duty In Texas
Death of Fort Hood soldier from Illinois under investigation
Why Have So Many Fort Hood Army Soldiers Died Stateside in the Last Year?
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas
The Fort Hood Fallen on Facebook

Sgt. Alex Taylor, US Army, Found Dead at Fort Hood, Texas; Circumstances Surrounding the Incident Under Investigation by CID (2017)

Screen Shot 2017-03-07 at 11.13.18 AM

Sgt. Alex Taylor, US Army

Sgt. Alex Taylor, 23, US Army, found dead at Fort Hood in Texas on January 11, 2017. Sgt. Taylor’s home of record was listed as Texas City, Texas and he joined the Army in March 2012 as an aviation operations specialist. Sgt. Taylor was assigned to the 15th Military Intelligence Battalion at Fort Hood. The circumstances surrounding the incident are under investigation by the Army Criminal Investigation Division. The CID spokesman reported no foul play suspected initially but it was not completely ruled out because cause of death is still under investigation.

Related Links:
Fort Hood releases name of soldier found dead
Fort Hood Officials ID Soldier Found Dead At His Place Of Duty
Texas City Soldier Found Dead at Fort Hood
Army investigates death of sergeant assigned to Fort Hood
Army investigates death of soldier from Houston area
Fort Hood soldier’s death focus of criminal investigators
Army Criminal Investigation Command investigates Fort Hood Soldier’s death
Soldier Found in Barracks Is 11th Death at Fort Hood Since November
Army, local police probe recent mystery deaths of 11 Fort Hood soldiers
Probe launched into death of Fort Hood soldier, one of nearly a dozen stateside since November
US Army soldier based at Fort Hood is found dead – making him the TWELFTH GI from the Texas base to die in the last two months as investigators probe bizarre cluster of suicides, accidents and fatal fights at the base
What’s going on at Fort Hood, Texas, where 11 soldiers have died in three months
Why Have So Many Fort Hood Army Soldiers Died Stateside in the Last Year?
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas
The Fort Hood Fallen on Facebook

Army Pvt. Paige Fontenot Briles Found Unresponsive in Vehicle at Fort Hood Housing in Texas, Under Investigation by CID (2016)

briles

Pvt. Paige Fontenot Briles, US Army

Army Private Paige Fontenot Briles, 21, was found unresponsive in her vehicle at Fort Hood housing in Texas on Christmas eve, December 24, 2016. Private Fontenot Briles is from Kaplin, Louisiana and joined the Army in February 2015. Pvt. Fontenot Briles deployed to Kuwait after Advanced Individual Training (AIT) and returned stateside early in December 2015 after she was injured in the line of duty. In November 2016, she was assigned to the Warrior Transition Unit at Carl R. Darnall Army Medical Center at Fort Hood. Pvt. Fontenot Briles was going to be discharged from the Army in February 2017 and had plans to attend school. Family report that Pvt. Fontenot Briles cause of death was determined a homicide by the Army but the Bell County coroner’s office made a suicide determination. The incident is under investigation by the Army Criminal Investigation Division (CID).

Related Links:
Fort Hood soldier found dead on post on Christmas Eve
Fort Hood soldier found dead identified as Kaplan woman
Fort Hood officials announce death of a soldier
Death of 21-year-old Fort Hood soldier under investigation
Fort Hood: Death of soldier on Christmas Eve under investigation
Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas (US Army)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members
The Fort Hood Fallen on Facebook

Top Ten Problems with the National Guard Recruiting Assistance Program (G-RAP) Investigations

the-constitution-was-written-very-precisely-to-restrain-the-power-and-force-of-government-and-to-protect-the-liberties-of-each-and-every-one-of-us-ron-paul-2

Guest post submitted by:

Doug O’Connell
O’Connell & Associates, PLLC Doug@DougOConnell.com

Attorney Doug O’Connell has represented former Recruiting Assistants for the past two years in both criminal and civil matters. A former state and federal prosecutor, Doug is also a Special Forces Colonel in the Texas Army National Guard. In addition to his own practice, Doug is Of Counsel to Fluet, Huber + Hoang law firm.

The G-RAP accusations and investigations have now lingered for over five years. At least 90,430 (1) National Guard Soldiers (88% of all G-RAP participants) have been subjected to investigations as part of a massive dragnet to recover bonuses (2). 125 Soldiers have been prosecuted in Federal or State Courts; at least 2633 Soldiers remain under investigation (3). While a handful of unscrupulous participants took advantage of the ever-changing rules of this contractor-run program, those cases were adjudicated years ago. What the Army CID is now doing is nothing more than pursuing anyone whose G-RAP tenure spanned the years with the most rules’ changes in an effort to prove up the Army’s exaggerated fraud estimate.

It’s hard to pick the Top 10 issues with G-RAP. The items below represent issues apparent in almost every case. This list omits, but hardly overlooks, such things as inappropriate command pressure to participate in G-RAP, forcing accused Soldiers to undergo DNA collection (4), active surveillance of National Guard Soldiers by Army CID (5), coercion to make reimbursements to the Army (6) in lieu of punishment and other notable violations of Soldier’s rights.

1 Letter to Representative Mike Coffman from Daniel M. Quinn, Chief of Staff, USACIC.
2 The U.S. Army and U.S. Department of Justice consistently refers to G-RAP payments as bonuses in sworn testimony, official documents and court filings. The payments were paid by a contractor directly to the Soldier and IRS form 1099 was issued to every participant. Payments were not processed by DFAS and did not appear on a LES. Finally, Congress did not authorize a bonus related to this program. Nevertheless, Government officials consistently refer to G-RAP payments as bonuses, perhaps wishing it were true so that legal recoupment would be possible.
3 Per letter to Rep Coffman.
4 Collected by a cheek swab without a warrant in violation of the 4th Amendment.
5 Related to an allegation of fraud which if true occurred years prior.
6 Possibly an illegal augmentation of appropriations in violation of the Miscellaneous Receipts statute, 31 USC §3302.

1. GUILT BY ALGORITHM.

Auditors, instead of seasoned law enforcement professionals, launched the G-RAP investigations. Rather than using any type of proper legal standard like probable cause, the Army Audit Agency assembled lists of Soldiers branded “high risk” by the auditors. The definition for “High Risk” was listed as “an inability to follow the rules.” Because the rules changed 60 times in seven years, almost everyone who successfully participated in G-RAP became a target. Soldiers connected to the “high risk” Soldiers were in turn investigated. This self-perpetuating, system of guilt by association crushes any notion of justice and the rule of law. Years later, many of these Soldiers still are under the cloud of a CID investigation and are being forced to defend (at great financial and emotional cost) their names and careers.

2. COMPULSORY INTERROGATIONS.

Federal CID agents lack any authority to compel National Guard Soldiers (or veterans) to submit to interrogations. Unfortunately, neither CID nor most Guard Soldiers and veterans understand that they cannot be forced to appear or answer questions from Army-dispatched agents. CID agents repeatedly violate this bright line legal standard. Worse yet, some Guard Commanders aren’t sufficiently knowledgeable about the law to protect their Soldiers. Once confronted with apparent military authority, many individuals, honestly believing they did nothing wrong, provide answers, later cherry picked and twisted to supposedly show guilt. The unfortunate individual is left having to prove he or she didn’t say something or that the statement was taken out of context.

3. INVESTIGATORS WITH A PERSONAL FINANCIAL INCENTIVE.

The CID Investigators pursuing G-RAP allegations include Army Reserve CID Agents voluntarily on active duty orders. At a minimum, the perception exists that the Reserve Agents have a financial incentive to perpetuate the investigations. The longer the investigations continue, the longer these agents remain employed. Further compounding this problem is the very logical assumption that few agents would volunteer for active duty if it meant a pay cut from their civilian employment.

4. VIOLATIONS OF THE POSSE COMITATUS ACT.

National Guard Soldiers not mobilized into federal service, are like any other civilian citizen under the law. The Posse Comitatus Act prohibits federal military personnel from investigating and enforcing the law. Yet, that is exactly what is happening. The PCA is a federal criminal offense punishable by a term in prison. In the G-RAP investigations, federal military agents are investigating allegations of criminal violations by Guard Soldiers, who are the same as civilians under the law (7). This is a clear violation of the PCA. Unfortunately, this flawed law requires the same prosecutors who are prosecuting Soldiers to levy charges against the same agents investigating the cases they prosecute.

7 See Perprich vs. Department of Defense, 496 U.S. 334 (1990).

5. TRAMPLING THE STATUTE OF LIMITATIONS.

In our system of justice, a statue of limitations exists to limit the Government’s ability to bring charges so remote that the defendant can’t reasonably mount an effective defense. In G-RAP cases, the Government is circumventing the statue of limitations with a World War II era tolling statute. Most applicable criminal offenses have a 5 year statute of limitations. Since G-RAP ended in 2012 the statute of limitations has long expired in most cases. However, in G-RAP investigations and prosecutions the Government is relying on the Wartime Suspension of Limitations Act (8) to continue to bring criminal cases. First enacted in 1948, the WSLA is designed to protect the Country from fraud during times of war. This law likely made sense during World War II, the Korea and Vietnam conflicts. However, the nature of warfare has changed. The current war against terrorism and global extremist groups will continue indefinitely. Relying on the outdated WSLA during today’s conflicts effectively terminates the deeply rooted equitable concept of a statue of limitations.

8 18 USC §3287

6. SPENDING $40 MILLION -TO COLLECT $3 MILLION.

Our Government has spent at least an estimated $40 million dollars (9) to investigate Soldiers. The ensuing recoupment actions and prosecutions have recovered, at most $3 million dollars (10). Army CID agents have repeatedly conducted full field investigations to determine if a Soldier’s single $2,000.00 bonus was righteous (11). In an era of constrained defense spending with persistent and emerging global terrorist threats, this massive boondoggle sets a new record for fraud, waste and abuse. The CID agents’ limited time and resources would be much better spent working to prevent the next Fort Hood terrorist attack.

9 This is a conservative estimate which includes the personnel cost associated with bringing the USAR agents onto duty status.
10 This figure is also an estimate based on all federal cases reported in the Pacer.gov system and media reports from around the country.
11 At least one National Guard officer is currently under indictment for a single G-RAP recruitment.

7. INACCURATE TESTIMONY TO CONGRESS & POLITICAL PRESSURE

The entire G-RAP controversy is based on inaccurate and irresponsible testimony to Congress. During Senate hearings chaired by Senator Claire McCaskill (12), Army General Officers testified that the total G-RAP fraud could be as high as $99 million (13). This estimate was wildly inaccurate (14). To date, the Government has only collected $3 million in fraudulent payments. Senator McCaskill immediately branded these Soldiers as criminals despite their Constitutional right to be presumed innocent (15). Many have speculated that the hearings and estimates of widespread fraud were designed to embarrass the National Guard during budget battles. Others suggest that it was an attempt to appease this powerful member of the Senate Armed Services Committee and self styled “accountability advocate.” Still others contend that the hearings were an attempt to shift focus from sexual assaults in the military. Whatever the reason, the McCaskill hearing set off a chain of events abrogating the presumption of innocence justice toward service members and veterans.

12 United States Senate Hearing: Fraud and Abuse in Army Recruiting Contracts, February 4, 2014.
13 Id.
14 It appears that this testimony has never been revised, amended or updated to correct the record.
15 Id.

8. AT LEAST 60 CHANGES TO THE “RULES.”

In the eyes of CID, violations of the program “rules,” indicates intentional fraud worthy of criminal investigation. However, the G-RAP “rules” changed at least 60 times during the life of the program (16). Understanding the “rules” of G-RAP at any given point in time requires a detailed analysis based on a significant review of multiple documents (17). In the vast majority of cases, if the Soldier violated the “rules,” it is more likely due to confusion rather than a deliberate desire to cheat the system. With unrelenting intensity, CID doesn’t investigate an alleged crime; they gather slanted “evidence” to prove that a crime was committed. CID, in fact, has been responsible for elevating an inability to follow the rules of a program run by a private contractor to the level of a crime. One example: at various times full time members of the National Guard were authorized to participate in G-RAP, at other times they were ineligible. If a Soldier entered G-RAP when full time members were allowed, but submitted data for payment months later when full time members were not allowed, that Soldier is investigated for fraud.

16 See Agent’s Investigation Report, CID Special Agent Julie Thurlow, November 22, 2013.
17 National Guard Bureau changed the rules via a contract change order sent to Docupak.

9. “SPHERE OF INFLUENCE” AND OTHER VAGUE GUIDANCE.

Soldiers participating in G-RAP received instruction to recruit from their “sphere of influence.” This term was never defined. It’s unclear if the intent of this language was to limit recruitment to pre-existing relationships. Regardless of NGB’s intent, the Soldiers received a very different message. For example, once hired by Docupak, Soldiers were provided marketing items such as t-shirts with the message “ask me about the National Guard.” None of the marketing items provided would have been necessary to recruit people already known to the Soldier. Now, these same Soldiers are investigated and some prosecuted for recruiting outside their sphere of influence. Likewise, Soldiers were told that they “shouldn’t” wear their uniform when conducting recruiting activities. If this were truly a prohibited action worthy of investigation, the “rule” would have been written as “you are prohibited from wearing your uniform.”

10. “I DON’T REMEMBER = GUILTY.”

When CID agents track down and contact recruits many years after their enlistment into the National Guard, most don’t remember the details of their interaction with the recruiting assistant. To the CID agents, this means the RA committed misconduct. The alternative explanation is unfathomable to the agents: the recruit, 7 years later, just doesn’t remember. This is especially problematic since Government prosecutors use this lack of memory to charge the Soldier with Aggravated Identity Theft (18), a charge that carries a mandatory minimum term of prison sentence of two years.

18 18 USC § 1028A.

“EXTRA CREDIT:” CID KNEW ABOUT ALLEGED FRAUD FOR FIVE YEARS BEFORE TAKING ACTION.

On May 22, 2007, five years before G-RAP was shut down, Agents from Army CID, Air Force OSI, and Defense Criminal Investigative Service (DCIS) met with Docupak to discuss potential fraud in the program (19). A representative of the United States Department of Justice (20) was also in attendance. The agents specifically instructed Docupak not to notify the State Adjutant Generals, National Guard Bureau, or the contracting officer regarding alleged fraud. This effectively cut off any ability to clarify confusing rules and or enhance fraud prevention measures. Importantly, it also prevented Governors and Adjutants General to execute their Constitutional duty of regulating their National Guard force and apply appropriate discipline (21). Likewise, notification the responsible contracting officer at NGB would have triggered remedial action. Instead, the CID sat on this information for five years, causing a relatively minor amount of confusion to escalate into what we have now – another major bonus scandal ensnaring thousands of junior Soldiers facing accusations.

19 2014 Inspector General Report, page 40, paragraph g, and footnote 142.
20 Presumably a licensed attorney.
21 The Governor’s and TAG’s Constitutional authority to regulate and discipline Guard members included the full time recruiting force in each state, some of whom were suspected of misconduct. These Soldiers operate under the exclusive military jurisdiction of the relevant State Military Code of Justice.

CONCLUSION

Few Soldiers have the financial resources to mount a proper defense to federal criminal charges. Faced with the possibility of prison time, many take a plea bargain to avoid the risk of prison, financial ruin or deepening emotional trauma to themselves and their families. Even if the accused Soldiers are not prosecuted, the collateral consequences seem never ending. The investigation will continue to haunt them for years to come. Security clearances will be revoked or suspended, and the Government will initiate proceedings to “debar” the Soldier from future employment as a government contractor. Eventually, the case file will be forwarded to the State National Guard headquarters for military justice or administrative action. The range of administrative sanctions includes separation boards, official reprimands and being required to rebut CID’s flawed conclusions to a promotion review board. The administrative flag on their personnel file will continue until all military administrative actions are complete (22). Finally, many of these same Soldiers, never prosecuted in a court of law will have a federal criminal history created as a result of being investigated, “titled” and “founded” by CID.

22 A “flag” prevents any favorable action including re-enlisting, awards, and promotions. The flag does not prevent orders to deploy overseas (again). Flags as a result of G-RAP investigations have been in place for four or more years at this point.

Army Soldiers Jamal Williams-McCray and Charles Robinson Charged with the Murder of Shadow McClaine Reported Missing September 2nd at Fort Campbell, Kentucky (2016)

14264108_2090051651219054_2629954001886974610_n

Pfc. Shadow McClaine, US Army

Crime Watch Daily spoke with the parents of missing Army soldier Shadow McClaine. Shadow disappeared from Fort Campbell, Kentucky on September 2, 2016. Shadow’s parents are concerned her life may have been in danger prior to her disappearance. They shared that someone cut her vehicle break lines on base and Shadow posted a picture of it on social media. They also said she reported the incident to her Chain of Command but was dismissed. Army Criminal Investigation Division (CID) reports that two soldiers are being held as person of interests and the case is currently under investigation. On November 29, 2016, Sgt. Jamal Williams-McCray and Spc. Charles Robinson were charged with conspiracy, premeditated murder, and kidnapping under the Uniform Code of Military Justice (UCMJ). Learn more: FIND SHADOW MCCLAINE

Related Links:
Missing Fort Campbell soldier failed to show in court
Family searches for missing Fort Campbell soldier
Family searches for missing Fort Campbell soldier
Fort Campbell soldier missing; officials find her car abandoned
Missing Fort Campbell soldier’s car found in downtown Nashville
Car of missing Fort Campbell soldier found in Nashville
Missing Fort Campbell soldier’s car found in downtown Nashville
Missing Ft. Campbell soldier’s vehicle found in downtown Nashville parking lot
Missing Fort Campbell soldier’s car found in downtown parking lot
Missing soldier’s car found in Nashville, friends not giving up
Car belonging to U.S. Army soldier missing for more than a week is found abandoned 70 miles from her base in Kentucky
New developments in search for missing Fort Campbell soldier
Army confirms investigation of missing soldier Shadow McClaine
Fort Campbell Military Police looking for missing woman
Army CID investigating disappearance of 101st Airborne soldier
Army CID Seeks Information on Missing Campbell Soldier
Mother of missing soldier says daughter wouldn’t ‘just go away’
Group plans vigil for missing Fort Campbell soldier
Community invited to candlelight vigil for missing soldier Shadow McClaine
Vigil held for missing Fort Campbell soldier
Questions and Rumors Swirl Around Disappearance of Fort Campbell Soldier Shadow McClaine
2 held in Ft. Campbell soldier’s disappearance
Shadow McClaine: 5 Fast Facts You Need to Know
Soldier vanishes under mysterious circumstances; Army, Family Seeks Tips
2 soldiers charged in murder of 101st soldier Shadow McClaine
Two Soldiers Charged with Murder in Connection with Disappearance of Fellow Soldier Shadow McClaine
Charges preferred against 2 Fort Campbell soldiers in Shadow McClaine’s death
Soldier vanishes under mysterious circumstances; Army seeks tips (YouTube)
Soldier vanishes under mysterious circumstances; Army seeks tips 2 (YouTube)
Ft. Campbell soldier missing from Kentucky
502nd Military Police Battalion (CID)


Private First Class Soldier Shadow McClaine has mysteriously gone missing and theories are swirling on what happened to her and why. Now, new details could help them. -Crime Watch Daily

Camp Casey Army Sgt. Jacqueline Anderson Found Dead by Husband in Seoul, South Korea Apartment, Cause of Death is Under Investigation by Criminal Investigation Division (2016)

screen-shot-2016-12-28-at-8-56-30-pm

Sgt. Jacqueline Anderson, US Army

Army Sgt. Jacqueline Anderson, 26, was found dead in her apartment in Seoul, South Korea on July 31, 2016. Sgt. Anderson’s husband, Sgt. Carl Anderson, found her unresponsive and asked neighbors to contact the police but she was dead upon their arrival. Sgt. Anderson was from Leesville, Louisiana and she joined the Army in January 2011. She was assigned to Headquarters and Headquarters Battery, 1st Battalion, 38th Field Artillery Regiment, 210th Field Artillery Brigade at Camp Casey, South Korea. She was stationed in Dongducheon with her husband who is also with the 210th Field Artillery Brigade. Jacqueline’s cause of death is under investigation by the Army Criminal Investigation Division (CID).

Related Links:
2ID soldier found dead at home in South Korea
Cause of death of 2ID soldier from Leesville under investigation in South Korea

If You Look at the Dollars, Guard Recruiting Assistance Program Investigations Make No Sense

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