Why Have So Many Fort Hood Army Soldiers Died Stateside in the Last Year?

US Army

Fort Hood, U.S. Army

  • 42 deaths at Fort Hood since 1/16
  • 4 insider attacks in Afghanistan
  • 1 non combat death in Iraq
  • 37 stateside non combat deaths
    • 9 found dead on post
    • 12 found dead off post
    • 10 died in training accidents
    • 2 died from medical issues
    • 2 died in motorcycle accidents
    • 2 died in automobile accidents

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 few months. 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.

January 2016
1/3: Devin Schuette, 35, US Army (found dead on post)

March 2016
3/6: Sean Van Der Wal, 25, US Army (fatal auto accident)
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)

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)
6/5: Antino Glass, 34, US Army (fatal motorcycle accident)
6/10: Duane Shaw, 34, US Army (found dead off post)

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

August 2016
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 (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 Briles, 21, US Army (found dead at on post residence)

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: Stephen 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 incident)
2/21: Brian Odiorne, 21, US Army (non combat related incident, Iraq)

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)

Private Paige Briles Found Dead at On-Post Residence on Fort Hood in Texas, Incident Under Investigation by Army Criminal Investigation Division (2016)

briles

Pvt. Paige Briles, US Army

Army Private Paige Briles, 21, was found unresponsive at her on post residence at Fort Hood in Texas on Christmas eve, December 24, 2016. Private Briles is from Kaplin, Louisiana and joined the Army in February 2015. She was assigned to the Warrior Transition Unit at Carl R. Darnall Army Medical Center since November 2016. 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

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)

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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

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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)

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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

The Conspiracy Behind the G-RAP War on American Soldiers

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Guard Recruiting Assistance Program

Guest Post Submitted by Darron Smith

In a complicated, twisted tale of alleged corruption and betrayal over budgetary wars, a presumed cover-up simmers at a colossal scale between the Army and the National Guard. Soldiers are the exploited pawns in the largest politically motivated fraud investigation ever conducted by a military component against its own forces. This may sound like suspenseful fiction, but as many National Guardsmen and women can attest, this is all too real. An estimated 24,000 National Guard soldiers have been caught in the dragnet, which all stems from a successful military-enlistment recruiting program that financially compensated citizen-soldiers who aided in efforts to boost military strength. Documents and public records obtained through the Freedom of Information Act along with credible sources points to a disturbing persecution of soldiers and veterans as well as the batch processing of mass indictments.

At a time when US forces were scattered among Iraq, Kuwait and Afghanistan, the overall end strength numbers were low. Army National Guard Director, Lt. General Clyde A. Vaughn (ret), and his staff had an idea to resupply the branches with fresh bodies—make anyone a potential recruiter by offering a financial incentive of $2,000.00 for each successful enlistment. Vaughn deeply felt that a peer-enlistment program might ease the hemorrhaging of a nationwide manpower shortage. And he was correct. The program, dubbed G-RAP (Guard Recruiting Assistance Program), ran from 2005-2012 and was an enormous success, as it replenished the ranks. Other branches of the military ultimately mirrored that recruiting program, but none to the magnitude of the NGB (National Guard Bureau). And none of them received the amount of government money that the Guard received to achieve this success.

Though G-RAP stood as a great achievement in strengthening the reserve forces, by 2012, all RAPs (Recruiting Assistance Programs) were suspended indefinitely, primarily due to media publicity of widespread fraud. NGB took the most heat, consistently projected as having lost upwards of $100 million. The truth, however, has been largely obscured. After four years of costly investigations, only $2 to 3 million “has been successfully prosecuted in civil courts.” But what is more disconcerting is that NGB, routinely criticized for its lack of oversight, no longer had the supervision in their control. Based on a previously unpublished Army Inspector General Report, a closed door meeting took place in May 2007 where it was decided by an ad hoc committee comprised of representatives from Army Criminal Investigation Division (CID), Defense Criminal Investigation Service (DCIS) and the Air Force Office of Special Bureau (AFSOI) “that Docupak would turn over any suspected occurrences of fraud directly to CID,” and that NGB, specifically the State Adjutants General (TAG), would be deliberately left out of the information loop. The rationale given at the time was that the DCIS did not want interference from high-ranking Guard officials.

There is evidence, however, that some TAGs were successfully handling all reported incidents of fraud internally in their own states up until that point with detection and prevention controls. It was not until these controls were halted in the May 2007 meeting that the Guard lost the ability to monitor, discipline and correct such incidents of fraud. Perplexingly, all of this was done without the Guard’s knowledge. In a recent interview in the Washington Times, General Vaughn reported that “he was kept in the dark” about the occurrence of fraud in the field and that CID purposely did not inform him about fraud cases. “No one can correct a problem if you do not know it exists,” stated Vaughn.

The CID did not have any prerogative to make such changes to regulation, as it would require a Congressional act; yet, in 2009 (and again in 2014), changes were made to the CID Manual that removed the language to report crimes through the TAG. But simply changing the manual did not mean it was constitutional to do so under the sovereign rights of each state and US territories. What’s more, there has been discussion in legal circles as to whether or not CID is operating outside its jurisdiction in the investigation of National Guard members. According to the Constitution as well as Department of Defense Directives (DoDD) 5105.77, the NGB is under the direct command of the state TAG and ultimately the governor unless a battalion has been mobilized for federal duty, at which point they then fall under Title 10 (active duty status) and the command of the President. The majority of those indicted are known as “M-day soldiers.” In other words, they are “weekend warriors” working for the Guard once a month and two weeks a year in official drill status (aka, Title 32). If an individual under Title 32 were to come under some criminal deed, it is the role of the TAG to take action. In fact, the TAGs have guidance on enforcing discipline and protecting soldier’s rights as it is articulated in the 2015 Commander’s Legal Handbook. The CID, as a faction of the big Army, only has command over Title 10 soldiers; it does not, to this day, have any authority over most members of the National Guard in these investigations, save a select few individuals who were deployed on active duty while participating in G-RAP.

This then raises the question, why is the regular Army harassing National Guard soldiers and violating their constitutional rights in the first place? Most of the soldiers under suspicion for theft of government property are not subject to regular Army discipline. Before that question can be answered, there is another piece of the puzzle to be scrutinized—the alarming results of CID’s investigations.

The U.S. Army Audit Agency had concern regarding the potential of individual fraud within RAPs. After reviewing over 150,000 enlistments ($339 million in payments), the June 2012 Audit identified 3,200 soldiers in the fraud-risk assessment. They found 1,256 recruiters suspicious of medium to high risk for fraud. Additionally, there were 2,022 RAs that “potentially violated program rules.” Of those RAs, only a quarter of them were found to be intentional acts. The remaining 1,400 recruiting assistants appeared to have unknowingly and unintentionally violated the rules of G-RAP, which is entirely plausible considering there were 60 changes to G-RAP rules during its seven years in existence .

This report fueled an investigation of another style from the Senate Subcommittee on Financial and Contracting Oversight. Despite the Audit’s fraud findings, the Army CID quickly dispatched approximately 200 field investigators under “Task Force Raptor” to scrutinize all 106,364 individuals who participated in G-RAP for any possibility of fraud. Senator Claire M. McCaskill (D, MO) set a directive that CID should flood the nation’s landscape and courageously return ill-gotten dollars to the American taxpayers. CID agents were encouraged to flash badges, obtain DNA swabs, issue polygraph tests and secure fingerprints in an effort to scare soldiers into revealing any useful material that could be later used against them. One former CID agent admitted that they were urged to lie to potential witnesses and persons-of-interest if usable information could be extracted. They were then instructed to report the numbers of potential indictments back to Senator McCaskill’s office on a quarterly basis, ostensibly to ensure they were meeting her demands of accountability. But a federal indictment of fraud is a crime requiring specific intent. In other words, conviction relies on the government’s ability prove the individual knew of the specific rules and guidelines and intentionally broke them for monetary enrichment.

Nevertheless, CID’s report prepared for the February 2014 Senate Subcommittee hearing led by Senator McCaskill found over 22,000 soldiers associated with payments that were at risk for fraud. This number is over seven times greater than the original Army Audit estimation at a rate of 1.7-3%. The FBI estimates that insurance fraud—one of the highest areas of civilian fraud—is at a rate of 3-10% of all insurance cases. Conversely, CID is now suggesting that those who proudly wear the uniform are felons at a rate of over 20%. Put differently, 1 in 5 soldiers are alleged criminals, 2 to 7 times more likely to commit fraud than the civilian population. This is clear evidence that these claims are audacious.

How is it possible that so many service members are accused of fraud? How is it that the CID investigations found an additional 18,000-20,000 offenders from the Audit’s estimation? Is it possible that this is a witch-hunt? This fishing expedition turned into a conspiracy theory as Sen. McCaskill stated, “I mean, it is almost like word got out and nobody was paying attention, and all of a sudden everybody was, okay, the bank is open. Let us go for it.” The moderate democrat further opined, “I mean there is no way that there was not a culture of people saying, hey, here is the deal. There is a bounty and we know these people are signing up.” But rather than a vast number of soldiers intentionally scamming the government they swore to protect, a much more plausible answer would be that most all were following a set of murky rules as they understood them.

Senator McCaskill’s supposed effort directed to bring about justice for the American people instead turned into a catastrophe where the wrath eventually rolled downhill to the most vulnerable of peoples, our service members. Let off the hook were Docupak and military Brass who were responsible for the proper administration and oversight of G-RAP. One possible explanation for the morass is a skirmish over federal defense dollars when the Guard received the lion share of contract monies to operate G-RAP. Or perhaps it is something as simple as an attempt to justify the military drawdown of troops currently underway. This time, the scapegoat would be the American soldier, more specifically National Guardsman, as McCaskill’s goons sought to manufacture felons. Unfortunately, those are the casualties of politics, but these service members deserve more. They deserve answers and accountability from our leaders.

[1] Unpublished U.S. Army Inspector General Agency Report of Investigation (ROI) (Recruiting Assistance Program) 2014.
[2] Memorandum from U.S. Army Audit Agency to Recruiting Assistance Program Task Force Regarding Audit of Recruiting Assistance Programs – Reserve Components (June 4, 2012) (Report A 2012 0115 IEF), Enclosure 1.
[3] CID Investigators report (G-RAP Training) Nov, 2013.

Learn more at Stop G-RAP Injustice on Facebook.

SSG Devin Schuette, US Army, Found Dead in Vehicle Near Recreation Area at Fort Hood, Texas (2016)

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SSG Devin Schuette, US Army

SSG Devin Schuette, 35, U.S. Army, originally of Clovis, New Mexico, was found dead inside a car near the recreation area at Fort Hood on January 3, 2016. According to his family, he had been missing since New Year’s Day. SSG Schuette’s service with the Army began in April 1999 as an infantryman and he was serving as an Intelligence Analyst with the 1st Brigade Combat Team, 1st Cavalry Division at Fort Hood at the time of his death. He also served three overseas tours as part of Operation Iraqi Freedom; his deployments were from March 2003 to March 2004, November 2005 to October 2006 and June 2008 to June 2009. As of January 6, 2016, the Criminal Investigation Division was investigating the circumstances surrounding the incident. At the time of reporting, they did not suspect any foul play but were not ruling anything out as they moved forward with the investigation.

Related Links:
Obituary: SSG Devin L. Schuette
Man found dead at Fort Hood
Army IDs soldier found dead at Fort Hood
Soldier found dead at Fort Hood identified
Soldier found dead on Fort Hood identified
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Fort Hood officials ID soldier who was found dead at BLORA
New Mexico man found dead at Fort Hood
Fort Hood: Clovis soldier found dead
Soldier who died at Fort Hood was from Clovis
Death of a Fort Hood Soldier: Staff Sgt. Devin Lee Schuette
Staff Sgt. Devin L. Schuette, 35, of Fort Hood died Sunday, Jan. 3
Dead soldier identified as Clovis native; Investigation continues
Army continues investigation into death of Clovis soldier
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas
The Fort Hood Fallen on Facebook
From My Heart to Yours (YouTube)


“One of the most difficult situations I have ever faced in my life. Please share this video with everyone and anyone you can.” -Devin Schuette

SSG Virginia Caballero, US Army Reserves, Died Enroute on Way Back from a Deployment to Kuwait, Family Received Conflicting Accounts of Cause of Death (2014)

If you have any information that could help this family find answers, please contact us at militaryjusticeforall@gmail.com. Thank you.

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SSG Virginia Caballero, US Army Reserves (2014)

Honoring SSG Virginia Caballero, US Army Reserves, who became ill while en-route from Kuwait and then died unexpectedly shortly thereafter at a hospital in Rockford, Illinois on September 13, 2014. Apparently the commercial plane needed fuel and/or had to do an emergency landing for Virginia in Rockford, Illinois. It appears that they were on their way to Fort McCoy in Wisconsin. According to reports, Caballero was a Reservist stationed with the 452nd Combat Support Hospital, 330th Medical Brigade out of Milwaukee, Wisconsin but trained at Fort McCoy prior to her deployment to Kuwait.  She served in Kuwait for roughly eight months and for some reason was coming home a month early with a high ranking travel companion. Media reports claim she wanted to surprise her family in Texas. It is believed Caballero suffered from a blood clot which was exacerbated with the altitude on the flight. She was not listed as a non-combat death by the Department of Defense but this would in fact be considered a non-combat death due to medical. The family admits in newspaper articles that a lot of the details are sketchy.

Here are the questions we have after combing through the below articles. Why was she coming home a month early accompanied by a high ranking travel companion if she was going to surprise her family? Did something happen in country prior to her boarding that plane? Was this an early surprise for family in Texas or an expedited transfer from Kuwait back to the states? The military isn’t in the business of assigning high ranking travel companions unless there is an issue. Were there any concerns about medical health prior to boarding the plane? Where were they flying to? Rockford, Illinois is only a couple hour drive from Fort McCoy. Why did they not land the plane sooner at a larger airport like Chicago when the medical issues began to develop or the fuel began to get low? Why did the DoD not send out an official notification of non-combat death considering she was on active duty orders in support of war efforts in Kuwait? Fort Hood Criminal Investigation Division (CID) in Texas was assigned to investigate the cause of death of Virginia. The family was asked to submit a FOIA request for the results of the investigation.

Related Links:
Army Soldier Reflects on Life Overseas and Time Back Home
Lubbock movers reach out to help purple heart recipient
Soldier flying home to surprise family in Texas dies en route
Decorated soldier flying home to surprise family in Abernathy dies en route
Local Purple Heart Recipient Died While On Active Duty
Purple heart recipient’s body to arrive in Lubbock on Saturday
Family, friends remember Virginia Caballero as Veterans Day approaches
The Heart of a Soldier: Sergeant earns hero’s salute from hometown
USAR SSG Virginia Caballero, 41 (Noonie Fortin)
Non Combat Deaths of Female Soldiers in the US Military (Other Areas)

Miranda Nichols, US Army, Shot & Killed by Army Boyfriend Samuel Tellu in an Apparent Domestic Dispute, Tellu Found Dead in Vehicle (2012)

Spc Miranda Nichols, US Army (2012)

Spc. Miranda Nichols, US Army

Army Specialist Miranda Nichols, 28, was shot and killed outside of her mother’s home in Vidalia, Georgia two days after Thanksgiving on November 24, 2012. It is believed that her boyfriend of six months Army Specialist Samuel Tellu shot Miranda in an apparent domestic dispute. After Tellu shot Miranda, he jumped in his vehicle and took off. Tellu was later found in his vehicle with a fatal gunshot wound to his head. Tellu was assigned to the 3rd Combat Aviation Brigade, 3rd ID, as a petroleum specialist. Nichols served in the 3rd ID and the Georgia Army National Guard. They had both deployed overseas. The Fort Stewart Criminal Investigation Division (CID) informed the public they were assisting local authorities with the apparent murder-suicide investigation. 

Related Links:
3rd ID veteran killed in domestic dispute, suspect also dead
2 soldiers dead in Ga. domestic dispute
Apparent murder-suicide claims soldier, vet