Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members

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Objective: Provide support to families who have lost loved ones to non combat death, homicide, and suicide. Prevent non combat death, homicide and suicide by providing an expedited transfer option to whistleblowers and those who feel like their lives may be in danger.

This is a small sample of the many soldiers that have died of non combat deaths, homicide, and suicide. It was hard for me to choose which ones to feature. Given the amount of families who have questioned a ruling of suicide while their loved one was serving in the US military, it’s fair to say that some suicide rulings should have a second look to determine if a homicide was ruled out. It’s important to note that if the cause of death is determined to be suicide, then the military never has to investigate again.

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Highlights of the Myah Bilton-Smith Military Sexual Assault Case (USAF)

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Myah Bilton-Smith and her mother, Tina Clemens

Myah Bilton-Smith is a USAF veteran who was sexually assaulted twice in 2012 at Goodfellow Air Force Base in Texas. She reported the attacks to her Command but according to reports the case is still under investigation by the Air Force Office of Special Investigations (AFOSI) and no meaningful legal action has been taken as of yet. After the second attack, she requested an expedited transfer (a military sexual assault policy passed in December 2011) but it was denied. Instead she was forced to work alongside her attackers in a training environment where you do not have freedom of movement. She experienced retaliation from her peers and leaders, punishment for minor infractions, and was eventually forced out of the military. She was finally granted an expedited transfer to Joint Base Lewis McChord, one of the most problematic bases in the country.

Rape victims’ transfer requests denied
Assault victims struggle to transfer to other posts
W. Wash. woman shares story of military rape
Kelso High grad takes on Air Force after daughter reports rapes
Vancouver woman’s story of military rape told before Senate panel
Sexual assault victims say military’s promises of reform don’t go far enough
Reforms not helping military victims of sex abuse
Military often betrays sex-assault victims
Twice Betrayed, Sexual Assault Victims in Military Unjustly Stigmatized, Booted Out
Pending Legislation Regarding Sexual Assaults in the Military
Obama signs defense, budget bills
Defense bill changing military’s handling of sexual assault passes Congress

Lauterbach Sexual Assault Case Prompts Policy Reforms in Military

Maria LauterbachThe family of slain Marine Lance Cpl. Maria Lauterbach is hailing recent provisions in the National Defense Authorization Act that profoundly change the way the Department of Defense will handle sexual assault charges.

The Defense STRONG Act has cleared both the House and the Senate and is awaiting President Barack Obama’s signature. Provisions include access to legal counsel for victims and the right to request a base transfer.

Lauterbach’s mother, Mary Lauterbach of Vandalia, said the new law would have made the difference in the case of her daughter, who was denied a base transfer after accusing fellow Marine Cesar Laurean of sexual assault. “Maria would be alive today if the base transfer had been available to her,” she said.

Turner concurred, “In civilian life you have complete control of your movements, and if you’re in an unsafe situation you can remove yourself. In military life, the victim needs permission to take even basic self-preservation actions.”

Key changes in military policy

  • By executive order, communication between victims and victim advocates will now be privileged. Previously conversations between victim and victim advocates can be subpoenaed in court, making victims reluctant to come forward. Pending legislation HR 1540, passed by both the House and Senate, provides for:
  • Legal assistance for victims of sexual assault. Previously, only defendants in the military have been guaranteed access to a lawyer.
  • Stricter training guidelines and greater oversight for Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.
  • Retention of sexual assault records with lifetime access for service members.
  • The victim’s right to a base transfer or unit transfer. Under the new law, these requests will be expedited, with decisions being made within 72 hours and the bias should be in favor of the victim.

Read more here.

A1C Kelsey Anderson, US Air Force, Found Dead of Apparent Self-Inflicted Gunshot Wound in Hangar at Andersen Air Force Base, Guam (2011)

Kelsey Anderson

A1C Kelsey Anderson, US Air Force

Airman First Class Kelsey Anderson was found dead of an apparent self-inflicted gunshot wound at Andersen Air Force Base in Guam on June 9, 2011. According to media reports, she was found in a locked stall in a second-floor women’s bathroom inside an aircraft maintenance hangar at the base. The military investigation indicated that a few months after Kelsey arrived at Guam, she was stripped of her service revolver over mental health concerns. Although Kelsey’s weapons privileges had been restored about a month prior to her death. The reports stated that Kelsey may have been unhappy after trying and failing to be transferred from Guam or released from military service. Kelsey’s parents had to file a lawsuit in U.S. District Court to get the Air Force to turn over its investigation records. They simply wanted answers for their daughter’s tragic and unexpected, untimely death yet the Air Force concealed the details. Chris and Adelia Sue Anderson received the mostly redacted investigation reports almost two years after their daughter’s death. The final court settlement with the Air Force in September 2013 was for the cost of the attorney they had to hire in their quest to get the information they were entitled to have. It’s unfortunate that this family had to wait two years for answers and even more unfortunate that they were forced to go to court during one of the most difficult times of their life.

What could have been done to prevent this? What kind of mental health services were offered to Kelsey? Why did Kelsey want to leave Guam and/or get out of the military? Why was she upset after finding out that she was not able to transfer or get out of the military? What were the extenuating circumstances that made Kelsey feel like she had no options other then suicide? Is this a suicide? After so many families have come forward with concerns that their loved one was murdered despite a ruling of suicide, do we know for sure that this was a suicide? It happened in Guam. There is absolutely no one to hold the Air Force accountable in that setting. There is no way to ensure that the Air Force investigated the scene as both a potential homicide or suicide. It’s as simple as what the Air Force says happens is what happened. Every government entity should have a mechanism by which they are held accountable. Where does a grieving parent turn to when they do not agree with the military investigator’s or medical examiner’s findings? Who holds the individual branches or Department of Defense accountable? The only body of people that can hold the military industrial complex accountable is the US Congress and even they struggle. Time and time again we hear accounts from service members and families that contacting their congressional Representative or Senator did not help. Some help, some don’t, and some never call you back. Every level of government should have accountability of some kind because this country was founded on the principles of checks and balances in our system.

“Enlisting U.S. Sen. Jim Risch‘s office for help still didn’t yield results.” -Chris & Adelia Sue Anderson

In an interview the Andersons’ lawyer emphasized that the prolonged wait and anxiety of suing the federal government in a last-ditch effort for information intensified the couple’s pain after the loss of their daughter. He empathized as a father of three and shared that he could not imagine losing a child thousands of miles away and not knowing what happened to her. No parent should have to wait nearly two years before the government decides to produce the information they deserve to have.

Related Links:
AAFB Mourns Loss of Airman 1st Class Kelsey Anderson
AAFB airman’s death ruled suicide
Grieving parents sue Air Force for answers in daughter’s death
Adelia Sue Anderson Parents Sues Air Force Over Death Daughter
The Long Goodbye: What happened to Kelsey Anderson?
The Long Goodbye: An Idaho Family Fights to Learn the Truth About Their Daughter’s Death
Was it murder? Mystery as Air Force claims 19 year old airwoman committed suicide in Guam base but family deny she was depressed and say they’ve been blocked from getting answers
Family finally getting answers on daughters death
AP: Documents Shed New Light on Suicide of Idaho Airman
Documents reveal mental health struggles of Airman Kelsey Anderson
Idaho airman under mental scrutiny before death
AP: Parents of Kelsey Anderson, Idaho Airman Who Died of Apparent Self-Inflicted Gunshot Wound on Guam Air Base, Settle Lawsuit with Air Force
Idaho airman’s family settles with Air Force
Air Force will Pay Idaho Parent’s Legal Fees in Suicide Case of Daughter


The grieving parents of a 19-year-old Idaho woman who died serving her country thousands of miles from home say the U.S. Air Force won’t give them information about the circumstances of her death.