We hear a lot about #weinstein and the latest, but Jennifer Norris, who served in the US Air Force, has been talking about sexual assault for years. And in the military, reporting rape means endangering yourself. Watch this brave woman speak here https://t.co/1ipeI3SWP6pic.twitter.com/TAjiVjmdDS
Jennifer Norris, USAF Retired (medical), Onyx, Senator Angus King (Maine), Stephanie Brewer, USMC Retired (medical), and Chinook | December 13, 2017
Military justice policy analyst Jennifer Norris was invited to speak in the Gold Room at the Rayburn House Office Building in Washington D.C. on December 12, 2017. The veterans organization she accompanied provided her with fifteen minutes to present and she chose to speak about the current troubling status of the Fort Hood Army post near Killeen, Texas. She also shared the stories of four Fort Hood soldiers. Marine veteran Stephanie Brewer was in attendance and assisted Jennifer with the presentation of the material. Stephanie created a powerpoint presentation to help the audience see these soldier’s faces and remind them that they matter and their families love them. After the presentation, they visited Senator John McCain’s office (Chair, Senate Armed Services Committee), Representative Mac Thornberry’s Office (Chair, House Armed Services Committee), Senator Ted Cruz’s Office (supports the Military Justice Improvement Act), Senator Susan Collin’s Office (supports the MJIA), and finally Senator Angus King’s Office (who has consistently voted against the MJIA). While attending a constituent’s coffee event at Senator King’s office, these veterans inquired about the status of the retaliation laws promised by Senator Claire McCaskill’s office. The response:
I wanted to follow up on our meeting yesterday by forwarding some information about efforts to prevent retaliation against servicemembers who report crimes.
The first important step is gathering data on retaliation so that leadership can best figure out how to address the issue. The DOD includes statistics on retaliation in its annual reports on sexual assault and reporting. They recently changed the way that they gather the data so that they can get a more accurate picture of which servicemembers experience the type of behavior that qualifies legally as retaliation under the UCMJ. As I mentioned yesterday, the data doesn’t go back very far- the DOD has only been collecting this information for a year. As the database grows, so will the DOD’s understanding of the real scope and nature of the problem. This should help target solutions.
A number of lawmakers are really committed to addressing this problem, as well. Senator McCaskill from Missouri introduced a bill last year that aimed to prevent military retaliation. Senator King cosponsored the bill. A summary is available here.
The bill didn’t move out of committee, so Senator McCaskill or another member might try to reintroduce it later. Another possibility is that next year’s National Defense Authorization Act (NDAA) could include similar language.
-Senator Angus King’s Office
These veterans were successful at setting up times to meet with defense fellows at Thornberry, Collins, and King’s offices. They also stopped into Senator McCain’s office to get the scheduling contact information for him because he consistently does not get back to one. They gave the same Fort Hood presentation to the defense fellows as the one they gave in the Gold Room except this time they had more time to discuss each individual. If it was up to these veterans, they would sit there all day and talk about every single soldier because all their lives matter. Overall, they report the active duty fellows they met with were receptive. They illustrated that the common theme with the four soldiers discussed is involvement in the military justice system in one way or another. The following presentation helps you get an understanding of the issues at bases nationwide by telling you the stories of four Fort Hood soldiers and their experiences in the last couple of years. All had mental health issues and three are dead. The other soldier is in federal prison for eighteen months for a threatening phone call he made to Fort Hood. This incident occurred after he was exonerated of a crime and released from a military prison yet stonewalled and dismissed when he asked about his backpay.
This slideshow requires JavaScript.
Presentation on the Current Status of the Armed Forces at Fort Hood
Last time I was in DC in September 2016, I provided my Senator with military policy recommendations that would benefit families who doubt a cause of death ruling. I highlighted a need for compassionate care for families, independent investigations, and cold case squads in the Army and the Air Force, much like the NCIS Cold Case Squad. Sadly it appears the military has a history of ruling what looks like a homicide as a suicide. One of the most publicized examples is that of Pfc. LaVena Johnson. The Army ruled LaVena’s death a suicide but an independent autopsy revealed she was raped and murdered. To this day, the Army will not cooperate with the family of LaVena Johnson who has begged them to find their daughter’s killer. The alarming stateside death rate at Fort Hood alone only strengthens the resolve to continue asking for mental health and criminal justice reform in the military.
“Simple enough answer, between incompetent leaders, the drugs, the gang bangers, poor units, ghetto neighborhoods, poor quality soldiers, and just being in Texas, this place is where souls go to die… Hood kills you on the inside. The outside follows shortly afterwards..” -Anonymous
Fact: In the last two years, more soldiers at Fort Hood died stateside than overseas. The six non combat deaths that occurred overseas were insider attacks (4) and death ruled suicide by the Army CID (2). The following numbers are the specifics at Fort Hood in Texas since January 2016.
As of August 2017, 9,300 soldiers from Fort Hood were currently deployed across the globe, this is more than a 1/4 of the 35,000 troops stationed there
Average age of death is 28 years old
Average 1.5 suspected suicides per month since January 2016
6 overseas deaths to include 4 insider attacks and 2 suicides
67 stateside deaths to include 34 alleged suicides (13 soldiers had no known deployments; 21 soldiers had deployed to Korea, Iraq, or Afghanistan)
01/05/16: Jonathan ‘Mike’ Gilotti, 33, US Army Veteran (gunshot wound, Alabama; Charleston Wells, 16, Ahmad Johnson, 18, Darrian Bryant, 16, and De’Ron Lucas, 19, charged with murder; Wells found not guilty); 04/17/17: Justin Lewis, 19, US Army (shot & killed near vacant lot in neighborhood near post in Killeen, Texas;unsolved homicide); 05/05/17: Travis Granger, 29, US Army Veteran (gunshot wound, 27 year old Keith Marinnie charged with murder)
A Fort Hood soldier spoke candidly about what they say the reality of living on the Texas military base is like. (2014) –CNN
05/09/16: Ellsworth Raup, 33, US Army (rear ended a van in Killeen, Texas); 06/05/16: Antino Glass, 34, US Army (struck livestock on Fort Hood); 08/01/16: Logan Rainwater, 24, US Army (SUV turned in front of him in Killeen); 09/09/16: Stacy Hardy, 20, US Army (slammed into minivan, eluding Killeen PD); 03/26/17: Jonathan Garcia, 29, US Army (single-vehicle motorcycle crash, for reasons unclear, bike lost control on curve, veered off road, & struck cable barrier); 07/03/17: Anthony Lovell, 40, US Army (single-vehicle motorcycle crash, failed to negotiate a turn, left the roadway, went airborne into creek in Killeen); 07/14/17: James Smith, 24, US Army (single-vehicle motorcycle crash, lost control of bike on I-35 in Temple)
4 died in automobile accidents
03/06/16: Sean Van Der Wal, 25, US Army (fatal auto collision with truck on I-35; driver & Fort Hood soldier Timothy Corder charged with intoxication manslaughter); 06/11/16: Dougal Mitchell, 32, US Army (driving the wrong way on State Highway 195, vehicle collided with another driven by Mikeshia Ruiz, 23, who died at scene); 11/03/16: Dakota Stump, 19, US Army (missing for 3 weeks, fatal auto accident on post that occurred night he went missing, family wants missing ‘Warrior Alert’ law); 01/07/17: Barron Von Reichelt, 24, US Army (died from injuries suffered in an automobile crash on South Range Road at Fort Hood)
10/12/17: Alva Gwinn, 39, US Army (accused of sex crime; command directed ‘wellness check’ initiated 1 month before trial; shot at by police but died of self inflicted gunshot wound after high speed car chase)
Fort Hood Army Master Sergeant Alva ‘Joe’ Gwinn, 39, died of an apparent self-inflicted gunshot wound on October 12, 2017 near the Williamson-Bell County line in Texas. Although the exact set of circumstances that led to MSG Gwinn taking his own life are unknown, the media reported that MSG Gwinn took his own life during an exchange of gunfire after leading the Killeen Police Department (KPD) on a high speed chase. Prior to the incident, a concerned family member contacted the Fort Hood chain of command to report that Joe was experiencing a mental health breakdown and may be suicidal. The command contacted the military police who then asked the Killeen Police Department to do a ‘welfare check’ on MSG Gwinn. According to the KPD, MSG Gwinn was located in his car but took off when approached; they said MSG Gwinn then led police on a high speed car chase. According to reports, Alva fled on foot after pulling over, there was an exchange of gunfire with the KPD, and MSG Gwinn ended his life with a self-inflicted gunshot wound to the head. An officer involved shooting investigation was launched because gunfire was exchanged. Joe left behind two sons from a previous marriage and a wife and family who loved him very much. He is missed dearly.
On March 21, 2018, the media reported that a “Bell County Grand Jury reviewed the completed investigation done by the Texas Rangers and decided no indictment should be returned to the deputy in connection with the events leading to the death of a Fort Hood soldier.” MSG Gwinn’s home of record was listed as Richwood, West Virginia. MSG Gwinn served in the Army National Guard from 1996-1999 and then enlisted in the active-duty Army in September 1999 as a combat engineer. At the time of his death, MSG Gwinn was assigned to the 20th Engineer Battalion, 36th Engineer Brigade at Fort Hood since April 2012. MSG Gwinn served in the military for over twenty years and was eligible for retirement. When the media reported on the death of MSG Gwinn, they also mentioned a sexual assault accusation lodged against him in June 2016. They reported MSG Gwinn was scheduled to go to court in November 2017 as if they were implying there was a connection between the suicide and the court date scheduled the following month. One media source reported MSG Gwinn was a highly decorated combat veteran who was known for being a perfectionist and respected by his peers. MSG Gwinn deployed to Iraq and Afghanistan a total of five times while he served with the U.S. Army.
Areas of Concern:
On October 12, 2017, family informed the chain of command that MSG Gwinn was experiencing a mental health breakdown & may be suicidal; at the request of the chain of command, the military police asked the Killeen Police Department to do a ‘welfare check’ on MSG Gwinn; according to the KPD, they located MSG Gwinn in his car but he took off when approached and then led them on a high speed car chase that ended with an exchange of gunfire and MSG Gwinn taking his own life
How can we prevent a ‘welfare check’ from turning into an officer involved shooting, suicide by cop or suicide? Why was the high speed car chase necessary?
According to media reports, in June 2016, MSG Gwinn was arrested, indicted and charged by civilian authorities with “aggravated sexual assault” of a 12-year-old girl in 2012; the accusations surfaced in the midst of a child support and child custody case; MSG Gwinn maintained his innocence but a potential trial loomed and his military career and child visitation rights were on hold; Joe loved his family
The accusations negatively impacted MSG Gwinn’s military career and ability to spend time with his two sons; this in turn negatively impacted his mental health; the stress of the child custody case & accusations took their toll; up until this point, MSG Gwinn had a stellar military career and had never been accused of any crimes
According to local media, Alva was facing a trial in November 2017 and they made a loose connection between a pending trial date and MSG Gwinn’s suicide
What prompted the media to mire MSG Gwinn’s memory with an accusation when they reported on his death? Is that fair when the accused can’t defend themselves?
Whether guilty or innocent, this is a tragic end for a man accused of a crime
What does the Army do with the accused who are awaiting criminal trial?
Is Fort Hood responsible for the mental health of those accused of crimes?
What is the military’s policy on child visitation when a military member is accused of a crime against a child other than their own?
Fort Hood Army soldier Thomas Chestnut, 28, was freed from a Kansas military prison on December 23, 2016 after an appellate court overturned a guilty verdict on December 14, 2016. The Army Court of Criminal Appeals overturned the conviction finding evidence in the case as “factually insufficient.” The case stems from an accusation by a third party of a sexual assault of a man in August 2012 at Fort Sam Houston near San Antonio, Texas. Chestnut was charged and found guilty by a military jury on one count of sexual assault and found not guilty of one specification of assault consummated by a battery. Chestnut testified that the encounter with the other soldier was consensual and the third party was trying to deflect attention from himself. Chestnut was sentenced on July 2, 2014 to three years in prison at Fort Leavenworth, a reduction in rank to private, and forfeiture of all pay. After Thomas Chestnut was exonerated, he was entitled to back pay and an honorable discharge from the military when he completed his time in service. Thomas was honorably discharged from the Army in January 2017 but had not yet been able to get his back pay. Thomas shared his thoughts on his wrongful conviction and his two and a half year imprisonment in mostly solitary confinement for a crime he didn’t commit.
“How could I respect the authority of such a corrupt system and such a corrupt institution? Not after what they did to me, to us, as I am not alone in this you see. Hundreds of my fellow veterans have also been falsely accused and forced into prison. Obviously, the military leadership lacks the maturity and ethics to handle sexual assault cases in a balanced adult way. They should not have authority in these matters.” via Save Our Heroes
Thomas Chestnut spent 2 1/2 years in prison where he was placed in solitary confinement and allegedly abused by prison guards. Thomas admits the prejudiced military justice system, corruption, and prison experience traumatized him. He most likely suffers from a form of institutional abuse. In December 2016, the appeals court overturned his conviction, he was cleared of all charges, released from prison, and promised back pay. Thomas stated: “I have nothing. No place of my own, no car, and little money. The Army has no plan for someone with a case overturned, so I’ve been more or less thrown out on the street.” Thomas Chestnut most likely has Post Traumatic Stress Disorder after the betrayal by the military justice system and the abuse he endured in prison marked as a man who rapes other men. In February 2017, Chestnut attempted to get his back pay from the Army as he had nothing, no job, no place to live, no means to take care of himself. The Army didn’t help him or give him the answers he deserved when it came to his backpay.
At this point, Thomas most likely had a post traumatic stress meltdown simply from having to deal with the same institution that wrongfully convicted him of a crime. After he didn’t get the answers he deserved regarding his back pay, he got angry and threatened to harm individuals at Fort Hood. As a result, Chestnut was arrested by FBI agents and charged with making threats to kill individuals at Fort Hood. Thomas has been in federal custody ever since he made the threats and now the life that he may have had a second chance at was taken away from him again. Obviously, Thomas shouldn’t have threatened to kill individuals at Ft Hood but the backpay issue and the fact he has PTSD should have been a mitigating factor in this case. For example, the state of destitution he was in and his legitimate need for money to sustain and take care of himself most likely triggered his post traumatic stress symptoms. He was desperate and the Army’s indifference and stonewalling most likely caused an already emotionally fragile man to disassociate and lash out. If he was within the state’s jurisdiction, chances are he would have access to a veteran’s court that would fight to give him another chance. Instead, Thomas Chestnut is in federal prison for 18 months for one threatening phone call.
Spc. Zachary Moore, 23, of Virginia Beach, Virginia, was found unresponsive August 1, 2017 in his barracks room at Camp Hovey in South Korea. Spc. Moore was transported to St. Mary’s Hospital and pronounced deceased on August 2, 2017. Spc. Moore entered active-duty military service in March 2014 as a signal support systems specialist. He was assigned to the 9th Cavalry Regiment, 2nd Armored Brigade Combat Team, 1st Cavalry Division at Fort Hood in Texas since July 2016. The circumstances surrounding the incident were investigated by the U.S. Army Criminal Investigation Division (CID) and the cause of death was ruled a suicide.
Was Zachary Moore’s Death Preventable?
In May 2017, Fort Hood announced they were deploying 3,500 troops to South Korea over the summer. Twenty-three (23) year old Zachary Moore was one of the soldiers deployed to South Korea. With full knowledge of Zachary’s recent mental health issues, the Chain of Command gave him a mental health waiver against his will, and most likely against medical advice, so they could deploy him to South Korea.
In October 2016, Zachary had a mental health breakdown and went Absent without Leave (AWOL). After a successful intervention, Zachary was found and returned to the custody of his Chain of Command at Fort Hood. Zachary’s command then sent him to an emergency room where he was hospitalized and prescribed medication. After Zachary was discharged from the hospital, he continued to seek treatment for mental health issues. Six months later, Zachary was given a mental health waiver by his command to deploy to South Korea.
About a month after Zachary arrived at Camp Hovey in South Korea, his depression medication was changed. As a matter of fact, his depression medication was changed the day before he was found unresponsive in his barracks room. Zachary attempted to kill himself on August 1st, less than 24 hours after the medication change. It was Zachary who called his Command for help as there is no 911 on the base in South Korea. He was found unresponsive and finally transported to the hospital about 1 ½ to 2 hours later. He was admitted to the Intensive Care Unit, listed as critical then stable, yet passed away on August 2, 2017.
Why did Zachary Moore go AWOL?
The Chain of Command contacted Jeanette to report Zachary hadn’t been seen since October 18, 2016. They also informed her they were not actively looking for him but would file AWOL status on October 20th. When asked if they filed a missing persons report, Jeanette claims they told her they did but she says she was lead to believe Zachary trashed his room, took his things, and left willingly. She immediately flew to Texas from Florida to find him.
Jeanette contacted the Killeen Police Department as soon as she got to Fort Hood and the local law enforcement found Zachary the same day she arrived. Over the phone, the Command told Jeanette they filed a missing persons report but she learned from the Killeen Police Department that they never did. The Killeen PD noticed recent activity on Facebook so they pinged Zach’s cell phone & found that he was in a remote area of a local state park.
Zachary attempted to flee initially but after negotiations, he surrendered and was returned to the police station where his mom was waiting. Jeanette could tell Zachary was mentally broken and he admitted to her that he wanted to hurt himself. The Killeen PD found Zachary and he had a knife in his possession. Zachary was returned to the custody of his Chain of Command at Fort Hood. Shortly after Zachary informed his mom that his superiors told him to tell her to leave town and stop interfering.
Jeanette reports that Zachary never had any mental health issues prior to this and suspected that Zachary was “singled out by his command and harassed.”
Areas of Concern in Zachary Moore’s Case:
Zachary revealed he was harassed by his Chain of Command. For example, his leave papers to visit family before deploying were denied; he was denied permission to see the Fort Hood Inspector General officer; he was harassed during training exercises; he was given exhausting extra duties; and was accused of taking a radio which was later found on a military officer’s desk. Why was he denied the opportunity to speak to the IG officer?
Zachary was accused of trashing his room and taking his belongings when he went AWOL. Jeanette believes the circumstances surrounding the vandalism of his room and the theft of his property could be evidence of harassment.
During mental health treatment, Zachary was facing the consequences of going AWOL; Zachary was accused of trashing his own room; and Zachary was accused of stealing a secure radio? What are the additional mental health impacts of the way the Chain of Command uses the military justice system?
The circumstances of the mental health waiver and the justifications for sending Zachary to South Korea while he was undergoing treatment for mental health issues and medication management should be investigated.
The effects of the medication change in South Korea should be investigated. Is Command aware that some medications can cause serious negative reactions? (Some depression medication causes suicidal ideation.) Who monitors serious medication changes in deployed locations? Is it safe to deploy soldiers in the early phases of medication management for mental health issues?
Finally, the delay in the Command’s response to Zachary’s call for help in South Korea should be investigated. Why did it take so long to respond to Zachary and why did it take so long to get Zachary to the hospital? Did anyone attempt to administer help while waiting for the ambulance?
If the Command was the cause of the mental health break, where was Zachary supposed to turn? How do we hold the Chain of Command accountable? How do we prevent the Chain of Command from retaliating and using the military justice system or non judicial punishment as a weapon? What was the role of the Commander? What was the role of the Fort Hood Inspector General? How can we prevent a young soldier from feeling like the only way out of their situation is AWOL or suicide? How could we have prevented Zachary’s death?
Soldiers have come forward, given their stories to the family and have offered to testify about what Zachary was put through which may explain why he died. Were these soldiers questioned?
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 was assigned to Fort Hood as a wheeled vehicle mechanic. She deployed to Kuwait shortly after completing Advanced Individual Training (AIT). She 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. Pvt. Fontenot Briles was going to be discharged from the Army in February 2017 and had plans to attend dental hygienist 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 Army Criminal Investigation Division (CID) ruled the cause of death as suicide.
Background:
Paige joined the U.S. Army in February 2015 & was permanently assigned to Fort Hood as a wheeled vehicle mechanic after Advanced Individual Training (AIT). Paige shared with her family that she was raped by her recruiter before she went to Fort Jackson for basic training but she did not report the incident. Shortly after arriving to Fort Hood, Paige was deployed to Kuwait in October 2015. Although she returned home early in December 2015 after being found unresponsive under a vehicle. She was injured in the line of duty and the only thing she shared with her family was that she “saw things no one should ever have to see.”
Paige met and married another soldier she hadn’t known that long in January 2016 upon her return home from Kuwait. According to Army CID, they learned that the marriage was contractual and the two did in fact share a home up until recently. When Paige met her husband, she had already experienced multiple traumas from the rape and her experience in Kuwait; she was vulnerable. After a few months of marriage, Paige got pregnant but her “husband” did not want a child and convinced her to get an abortion in August 2016. It was at this point, Paige had a mental health breakdown and was hospitalized for 28 days. She was eventually transferred to the Warrior Transition Unit (WTU) in November 2016.
The WTU allowed Paige to escape the unhealthy arrangement she was trapped in with her contractual husband and she was starting to feel better after being free of him for a couple months. Family reports that Paige decided to get out of the military, move back in with her sister and parents, and pursue an education as a dental hygienist. Paige was expected to discharge in February 2017. Paige put in leave to go home for Christmas in December 2016 but it was denied. Paige took a picture of herself on SnapChat and sent it to her contacts on Christmas Eve. She wrote “here’s to another Christmas alone.” And the Army wants us to believe that 30 minutes later, Paige would be dead by her own hand.
On the night in question, Paige drove to a friend’s house on post. She was house sitting for them while they were out of town. About an hour later, Paige was found unresponsive in the driver’s seat in her vehicle in the parking lot outside her friend’s home. She had been stabbed. Initially the Army investigated the death as a homicide but in December 2017, the family was informed that the cause of death was ruled a suicide. Less than two years in the Army and Paige was gone. She told her parents she was raped, she saw things in Kuwait no one should ever see, and that she was in an unhealthy relationship with a man she was trying to escape. Paige had been through hell in her short time in the Army but she had hope. She knew she was returning to Louisiana to a loving family and a sister who was her best friend. She didn’t feel so trapped that suicide was the only way out.
Paige had a second chance at life in just a couple months when she was going to be discharged. Paige’s parents want their daughter’s case investigated as a homicide. They provided the Army CID with a person of interest. They had interaction and negative experiences with the person of interest. They shared their first hand interactions (witness testimony) and their concerns with CID but felt their experiences and observations were dismissed. They know their daughter was not suicidal because she was due to get out of the Army in February 2017 and she had plans. When questioned if the Army CID ever investigated the person of interest, Paige’s family responded with “the Army CID never investigated any persons of interest.” As a matter of fact, the Army discharged the soldier these parents suspected was the person of interest.
What happens when the Army discharges a soldier who may be a person of interest? They in effect give up jurisdiction of the soldier once they become a civilian unless they are retired. The soldier who was considered a ‘person of interest’ by the family was discharged for disciplinary reasons. Enter across state line jurisdictional issues and the Federal Bureau of Investigation who appears to want to steer clear of cases on military bases. The parents report that initially Paige’s stabbing death was investigated as a homicide yet in the end, despite the autopsy, forensics, suspicious circumstances in her life, and the parents testimony, Paige’s death was ruled a suicide by the Army CID. Once a death is ruled a suicide, the investigation is over and the US Army never has to investigate again.
Jennifer Norris: Senate bill will still keep military sexual abuse cases within the chain of command of the military, leaving victims vulnerable to retaliation
WASHINGTON, D.C. – U.S. Senator Susan Collins spoke on the Senate floor today in strong support of legislation coming before the Senate that would address the crisis of sexual assault in the military.
“Since 2004, I have been sounding the alarm over the military’s ineffective response to the growing crisis of sexual assault in the military, including the need to ensure appropriate punishment for the perpetrators, to provide adequate care for the survivors of such reprehensible crimes, and to change the culture across the military so that sexual assault is unthinkable,” said Senator Collins, who first raised this issue during an Armed Services Committee hearing ten years ago.
In her remarks on the Senate floor, she singled out for praise the courage of two Mainers who have come forward to tell their stories.
“I also want to acknowledge the courage and conviction of Jennifer Norris and Ruth Moore – two Mainers who were sexually assaulted while serving and have made it their mission to change the broken system that does not put victims first. Through their advocacy, they have helped to shine a light on this crisis and deserve our gratitude.”
Part one and part two of this series has outlined the structural nature of rape culture in the US military that is made of and results in severe lack of trust, abuse of power, and a staunch unwillingness to make necessary changes. Those outside the command structure of the military however are more than ready to force them in line. Since February, six pieces of legislation have been introduced in Congress and the Senate that, together, tackle these problems in a comprehensive way.
The Ruth Moore Act, Military Sexual Assault Prevention Act, Service Members Mental Health Review Act, The STOP Act, Combating Military Sexual Assault Act, Military Justice Improvement Act
As I wake up from this fog called PTSD, things start to become more and more clear. I realize, much like my military career, my journey to healing is my own as well. One of the hardest things to accept while serving my country was that I had no where to turn for help. I needed to maintain my own well-being so that I could continue to be a high functioning soldier.
After awhile I could not hide the fact that I had PTSD. I didn’t have combat PTSD, I had an unnecessary PTSD from being raped, sexually assaulted, sexually harassed, and discriminated against by the very people who were supposed to have my back. Although with the proper supports and help, we could have prevented the acute stress from becoming full blown compounded PTSD.
In the end, I realized that the original oppression AND retaliation for reporting those violent crimes is what truly damaged me. I was completely taken by surprise. I had no idea that I would ever be scorned and accused of causing a criminal to ‘lose their job’. I just assumed that I would be believed and taken care of. Boy was I wrong.
During the investigation, I was physically attacked by one of the assailant’s friends at a local club. I was knocked to the floor from behind resulting in an injury to my knee and a lost fingernail. Then I struggled away from the attacker while defending myself. But it wasn’t the physical injuries that wrecked me, it was the reality that I truly should not take my safety for granted at any time, anywhere. My life would forever be different from that day forward.
After realizing who the assailants were, I made the connection to the Maine Air National Guard and reported the physical assault to the local police department. Unfortunately, they did not feel this was a priority and dropped the charges I had pressed. I also informed my Commander at the time of what had occurred and he said there was nothing he could do about it because it happened off base (jurisdiction issues). The same ‘soldier’ who set me up to be attacked, and got away with it, was later convicted of a felony with jail time. He is still serving. http://www.sunjournal.com/node/680035
The investigation by the Commander (my boss) was eventually concluded and the court date was scheduled. The day before our “Administrative Hearing” I was contacted by the Commander who informed me that both of the individuals we filed Equal Employment Opportunity complaints on were willing to plead out but that would mean that it would not be a matter of public record. I wanted it to be over so I agreed to the terms. Of course I was fine with no public records because I wanted privacy. In essence what I did was unknowingly withdraw the original complaint and the whole thing disappeared.
I was willing to accept the pleas of the deal because they had to leave the squadron, not me. I didn’t hurt anybody and just wanted to go back and continue with what I felt was a successful career. But because of the way the military handles cases of violent crimes (or doesn’t handle), I was instead subjected to retaliation from those who chose to believe the criminal’s version of events over mine. These two criminals both retired with full military benefits.
I returned to relentless forms of retaliation that literally ran me out of the squadron. First when I got back to the squadron, I realized that I no longer had the positions of leadership or authority that I once had (demoted), then they would assign me menial tasks that would ensure that I was by myself (isolated), then there were the verbal cues and statements made by the very bold who had no problem making it known to me that I was no longer a part of the team (bullying), and finally the entire Chain of Command held me up at every turn by denying me the training I needed to attain my promotions (withholding of training, promotions, etc.).
During all this retaliation, I found out that my father was dying of terminal cancer and only had six months to live. I was working full-time as a civilian and at this point had limited my activity with the military to one weekend a month, two weeks a year. I asked them if I could come in during the week to make up the drills while I assisted my father with getting to doctor’s appointments, getting groceries, and overall support on the weekends. Their response to my inquiry was, “This could go on for years.”
It would have been one thing if they actually counted on me to ensure the mission was fulfilled but at this point in my career, they didn’t even want me at the squadron yet were going to give me a hard time about spending time with my father who only had six months to live. My attitude was, I am planning on giving you at least twenty years, why can’t you give me six months? If I had to do it over again, I would have chose my dad again.
They wanted me to take a leave of absence. I said, no, I can just come in during the week and make it up like everyone else. They acquiesced. Although, when I showed up during the week to start making up those drills, they started giving me a hard time. Basically, they started changing the standards because it was me. Anything they could do to give me a hard time was exactly what they did despite the fact that I had acute PTSD from the assaults and my father was dying.
It was at that time that I decided enough was enough and I was going to continue my military career despite the sexual assaults and retaliation. I transferred to the Massachusetts Air National Guard which was a four hour drive one way but it was worth it. I loved serving my country, I loved my job, and I wanted to be a Chief some day. My new Commander understood my predicament with my father and was willing to work with me.
My Commander may have been supportive but the others in my Chain had been warned. The old Chain of Command called the new Chain of Command and told them I was a troublemaker and to look out for me. Six months after transferring to my new squadron, my father passed, shortly after 9/11/2001. I knew that the Air Force had invested a lot in me and my training and I was not going to let all that taxpayer money go to waste because these freaks didn’t believe women could do maintenance. I walked into a snake’s pit and it continuously got worse until I had to get an ‘expedited transfer’ (no such thing back then) from there too. The tragic events of 9/11 gave me the inner strength and fortitude to put up with these people’s crap for the next four years.
I was able to keep the sexual assaults and case under wraps when I transferred to my third squadron but eventually it came out because of my 10 year security clearance review. I had to report on that form that I had received counseling for Post Traumatic Stress Disorder from “military sexual trauma.” Had I received counseling specifically for grieving, spousal issues, or combat PTSD, I would have been exempt but because I was sexually assaulted on the job, not only did they want the information but they wanted my Department of Veteran Affairs records too. Now everyone in the Chain of Command knew once again that I had been raped (no privacy).
I chose to walk away as opposed to have a security clearance that carried a mental health diagnosis of PTSD from sexual assault in the military. I have a right to confidentiality and I am not going to walk around the rest of my life branded as a rape or MST survivor. I was TSgt Jennifer Norris, Satellite Communications Technician & Emergency Manager. I truly did not understand why these evil deeds by others followed MY career around and were used not only to harm me personally but end my career as well.
At this point, the USAF had invested a lot of money in my thirteen year career. It would have been great to have a resource other than my biased Commander who had the power to end my career. I needed someone who could have sat down and figured out what was best for me and the government after all the money they had invested in me. I guarantee that had I been given the space and time to get the help that I needed, I could have had a successful career. Instead, I carried a ‘scarlet letter’ and was silenced into shame because I was fearful of other’s reactions after what I had seen and witnessed personally.
In the end, I called truce deuces. My health and happiness is much more important to me then their approval. I have been able to focus on my marriage and my relationships with others. Now that I am not being abused by others, I am able to heal and move forward. I have accepted that you people needlessly gave me PTSD and I will do everything in my power to prevent others from suffering with compounded PTSD from not only a crime against a person but also the resulting retaliation that occurs because you have unprofessionals handling law.
Is this how you would want to be treated if you were traumatized because a violent crime was perpetrated against you? Guess what? This is exactly the kind of thing that is happening to this day because the Chain of Command is in essence a gatekeeper to justice and the military does not have the resources to treat their soldiers effectively. As evidenced by my own case, they do not want to have to report to anyone that a sexual assault or violent crime occurred during their watch. Instead, reporting this crime is used against you. That in and of itself is the ultimate betrayal.
I want a Commander who wants justice, is empathetic and wants me to heal, not one that is worried about their career. I want other warfighters who are not going to turn on me because someone said something that wasn’t true out of spite. I want a life that is free of abusers and bullies, hence the reason I married my husband. I have been betrayed on so many levels in my life that I expect to be betrayed now. And you know what? Because of that betrayal, I can stand alone. Everything happens for a reason.
Jennifer Norris: Even with 1 out of 3 women facing sexual assault in the military, the Defense Department refuses to hold sexual predators accountable within the military justice system. -The Real News Network (August 8, 2013)
NOOR: One in three–that’s the astounding number of women who have been sexually assaulted in the military, a rate twice as high as civilian numbers. Those are astonishing, especially in light of the fact that only 10 percent of reported incidents go to trial. This harsh reality has put the Defense Department in the hot seat with Congress, pressuring them to make substantive changes. Now Defense Secretary Chuck Hagel is planning a new round of sexual assault policies that include expanding an advocacy program for victims to all military branches and recurring inspector-general audits of all closed investigations. Now joining us to unpack this and respond to this latest news is Jennifer Norris. She has served 15 years in the U.S. Air Force and retired for PTSD due to military sexual trauma. She started working for the Military Rape Crisis Center as a national victim advocate for active duty and veterans in 2011, and she’s testified before Congress to support the passage of the Military Justice Improvement Act and STOP Act. So, Jennifer, you know firsthand what it’s like to deal with being sexually assaulted in the military. Can you share some of your stories? You were drugged and raped by your recruiter and also sexually assaulted by an instructor. Can you describe, as much as, of course, you feel comfortable, what happened in these incidents and the challenges you faced in getting accountability for what happened to you?
NORRIS: Well, I guess you can start out by saying that I was completely naive to what rape or assault or harassment or violence of any kind was. I was a small town girl. I just didn’t get–I didn’t grow up with that kind of stuff. So when I joined the military, it came as quite a surprise to me that I was being randomly targeted by predators who were basically not going to take no for an answer, no matter what. And I was trapped in the situation. And the only way to get out of it was to report. And, of course, we’re too scared to report, because we see what happens to other people that report. And just this past year, it’s been confirmed once again that 62 percent of those folks in the military that don’t report don’t report due to a fear of retaliation, whether it includes losing your career, getting treated like crap, getting isolated from others, whatever it might be. And the reason I’m telling you this is this is what happened to me. I had four different perpetrators approach me within my first two years of service, but I didn’t dare say anything, because I was afraid it would have negative repercussions on my career. But by the fourth predator, who was escalating and becoming more and more abusive–of which I could not escape, because when you’re in the military, you can’t just quit your job; you’ve got to go back to work with these folks the next day, even if he did attempt to rape you the night before, which is exactly what happened to me. And I just got to a point where I said, I can’t do this anymore. I’m either getting out of the military or, you know, something’s got to give. And this whole time, I wasn’t thinking about reporting at all, because I knew if I did that, my career would be over. But in the end I ended up reporting all four of them. And sure enough, I got retaliated against so badly by those in my squadron that I ended up having to transfer to another duty station that was four hours away.
NOOR: One rule under consideration by Secretary of Defense Chuck Hagel would be to expand the role that victims have throughout the court-martial process, including the sentencing phase. In a handful of cases that have come under congressional focus, senior commanders have actually overturned convictions of their subordinates. What do you make of this proposal?
NORRIS: At this point, they’ve had since Tailhook to deal with this situation. All this stuff should have been done back in 1992, when they told the American public it would be done by then. And instead we’ve got 2013, and now it’s become an epidemic that’s not only impacted our soldiers, both males and females, but also civilians, children, wives. They’re all–nobody’s immune. Predators do not discriminate. And if you don’t stop them, they only escalate and progress. And there’s been basically no accountability for these predators. As you stated earlier, a 10 percent conviction rate, a lot of that for charges lesser than what they were originally accused for. And where do they go when they leave the military? Your neighborhood. That’s why we’re at where we’re at today. We don’t want to hear what the Department of Defense has to say anymore. I don’t want to hear zero-tolerance one more time. I can’t take it. As a survivor, I cannot take it, based on what I do every day with my clients and see how badly they’re being treated by their command simply because they reported a sexual assault or harassment. There is a hardcore retaliation happening now. There was in the past. Part of the retaliation that I experienced was I got beat by one of the predator’s friends for reporting. These people are scared to come forward. So the DOD has lost their chance. They’ve lost the trust. Now it’s time for someone else to come in, which is why we’re pushing the Military Justice Improvement Act. We no longer want those commanders to be gatekeepers of justice. They’re not professionals. They don’t know how to investigate. Therefore they should not be involved in any of the process, aside from maybe knowing that there’s a predator within their ranks. We want to give the victim confidentiality. We want them to be able to have an impartial person that’s going to decide whether or not they’re going to push forward with a case and how they can do that without beating up the victim in the process. The only way we’re going to be able to clean this mess up is to move forward with prosecutions and get these people jailed. We certainly don’t want to just start kicking them out and tossing them out, ’cause then they’re moving to your neighborhood. The DOD has got to deal with this. And we don’t trust them at this point, hence the reason we want the STOP Act, which would provide the civilian oversight to hold them accountable on every single move they make when it comes to trying to discharge a soldier or punish one, because we’ve basically been dealing with (A) you’re all of a sudden a bad person if you reported a sexual assault, and then the retaliation begins, and eventually you can lose your career. They’re going to use, like, some mental diagnosis to get rid of you with, right, saying it’s a pre-existing condition, when in fact it wasn’t; it’s PTSD from getting gang raped. Right? We want them to be held accountable to someone when they make these decisions, just decide for themselves that, oh, well, I’ll just get rid of her ’cause I don’t feel like dealing with this, or I’ll just get rid of him because, you know, if I have a rape under my command it’s going to make me look bad. We want to yank these commanders out of this situation and give real justice to the victims and caring.
NOOR: And as you stated, changes to this policy action has been promised for a very long time now. What do you account for these delays? And talk–and so far the White House has been silent. Can you respond to the White House and just the delays that have been going on for years now?
NORRIS: Well, first of all, it’s pretty upsetting as a survivor to know that they knew about this in ’92. And don’t tell me they didn’t have enough money to be able to get experts to tell them that predators, there’s few and far between, but they can do lots and lots of damage if not stopped. Well, now, because they haven’t stopped them, they’re now in our higher-ranking positions like Colonels, like commanders, like SARC coordinators, because they never were held accountable. And so they’ve let it spin out of control like this now. And we’re saying, you’ve had your chance. It’s too late. We need to take care of this, because it’s basically at a point where if these guys just decide, oh, well, we’ll just toss them out as we find out about this stuff, they’re just basically pushing it off to the civilian sector. So Obama not standing up right now, it’s upsetting, because him of all people should know that, you know, if you just toss people out of the military because you don’t want to deal with them, it just becomes someone else’s problem. And so we’re basically–everywhere this predator goes, they’re causing a path of destruction. That’s costing everybody more money, because the people to begin with that should have dealt with it didn’t. We need to go back. We need to find out who was raped, when, by who. And we’ll probably find that these same predators have multiple victims across branches. And then we could possibly move forward with one case against one predator with, you know, ten victims, for example. And I don’t understand why people aren’t talking about this, why they’re not saying, why Obama isn’t saying, I want you to go back and determine who these people are that are being accused. It doesn’t mean they’re automatically guilty. But why can’t we start tracking who’s doing what and when it was done and what the patterns are and start getting these guys so we can move forward with an awesome military?
NOOR: This issue has gained a lot of traction recently, a lot more than it had in the past. You had the documentary The Invisible War that came out. You’ve had hearings in Congress. What more pressure–like, how much more pressure is it going to take to get these changes put in place?
NORRIS: Well, I mean, what it’s going to take is the American people, which is what our country’s all about anyways. So while these guys, while the Department of Defense and Congress are dragging their feet on making these changes, they’re hurting people. Whether they want to admit it or not, they are. And we feel, as survivors, it needs to be dealt with immediately. It needs to be a national emergency where we make sure that everybody is good to go and they’re not trapped under some predator that they can’t escape from, and if they are, that they’re not going to get retaliated against for turning them in. Right? We take it that seriously, that in order–’cause they haven’t done anything since Tailhook. So you go back 25 years and imagine the destruction and amount of damage that’s been done by not holding anyone accountable. They have gotten better and better and better at what they do. And we often see them using alcohol and drugs as their weapons. But then we hear the military saying, oh, well, don’t drink, ’cause you might get raped, or be careful no one puts anything your drink, like it’s somehow the victim’s responsibility to make sure they don’t get raped. We still haven’t even gotten there yet. So the DOD has had their chance. We’ve had it. And, of course, they’re in good with Congress. Some people in Congress, this is how it works. It’s all about the power. And we got shut down by Senator Carl Levin, who has recently promoted three other senators to fight keeping things in the chain of command, which is–basically what they’re saying is, we’re going to keep it in the chain of command even though we know that 62 percent won’t report to this commander because they’re afraid of retaliation. That’s what they’re telling us survivors. And that’s what the American public needs to know. The only way we can get this now is the support of the American public. That’s why we’re out here right now pushing it, trying to get it, and asking people to contact their senators and representatives and ask them to pass the Military Justice Improvement Act, which would remove all violent crimes from the chain of command. And then, once we get that barrier broken down, we’ll start pushing for the civilian oversight that the STOP Act would call for.
NOOR: Jennifer Norris, thank you so much for joining us and sharing that very powerful story.
The WTU allowed Paige to escape the unhealthy arrangement she was trapped in with her contractual husband and she was starting to feel better after being free of him for a couple months. Family reports that Paige decided to get out of the military, move back in with her sister and parents, and pursue an education as a dental hygienist. Paige was expected to discharge in February 2017. Paige put in leave to go home for Christmas in December 2016 but it was denied. Paige took a picture of herself on SnapChat and sent it to her contacts on Christmas Eve. She wrote “here’s to another Christmas alone.” And the Army wants us to believe that 30 minutes later, Paige would be dead by her own hand.
MILITARY JUSTICE FOR ALL 