Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)

Nicole Burnham Army
Pvt. Nicole Burnham, U.S. Army

Army Pvt. Nicole Burnham reported a sexual assault at Camp Casey in Korea on September 15, 2017. Four days later, she requested an expedited victim’s transfer (EVT) asking for reassignment back to the United States. Nicole’s Commander approved the request a few days later but it would be 82 days before the transfer occurred. In the meantime, Nicole Burnham shared the same barracks with her attacker. And there was no evidence to suggest the Army even addressed the fact that Nicole shared the same barracks as her attacker until an incident occurred three weeks later when he allegedly jumped out in front of her in an attempt to scare her. It was at this time, the Commander separated the two and put them in different barracks. In the weeks that followed, Nicole suffered verbal harassment and cyberbullying from within the ranks. She received comments from soldiers and their wives over social media calling her a “slut” and “deserving of rape.” Investigators claimed Nicole did not report the harassment to the Chain of Command but in a sworn statement a fellow soldier said most of the leadership was aware of the harassment yet turned a blind eye.

Nicole Burnham 5
Nicole Burnham Justification for Expedited Transfer (photo: KSTP-TV)

In October 2017, a tearful Nicole told her supervisor she couldn’t “take it” anymore and the supervisor believed she was eluding to suicidal ideation. She was referred to the Officer in Charge (OIC) who then handed her off to the Chaplain for counseling. But according to the A.R. 15-6 investigation, it doesn’t appear leadership in the Chain of Command was aware of what the supervisor believed was suicidal ideation. Nicole reported a sexual assault on September 15, 2017 and experienced three months of retaliation before Army leadership finally transferred her on December 12, 2017. In addition, KSTP reports Army leadership at Camp Casey failed to inform Fort Carson that Nicole was a victim of sexual assault (and harassment, bullying, & cyberbullying). Nicole should have been offered mental health care and compassion. Don Christiansen of Protect Our Defenders said in a statement that the Chain of Command was without a doubt responsible for the failures in Nicole’s case that ultimately lead to her ending her life. Nicole’s death triggered two investigations, one into the allegation of sexual assault that allegedly included Nicole being attacked by multiple men at Camp Casey and the other into the cyberbullying. Of course, the Army declined to comment until the investigation was completed. According to the family, Nicole’s main attacker was courtmartialed and agreed to a plea deal that forced him to leave the Army with a less than honorable discharge. The outcome of the cyberbullying investigation of military personnel and military spouses is unknown.

“It’s inconceivable that they let her languish in Korea. After all these failures, we had this tragic ending to her life.” -Don Christiansen, Protect Our Defenders (January 13, 2020)

Editor’s Note: The military wives who lived on a federal base overseas do not fall under the jurisdiction of the military Chain of Command. Civilians living on base fall under the federal jurisdiction of the FBI who at this point are reluctant to investigate anything but murder. The federal government uses a crisis oriented approach with military personnel and crimes on military bases as opposed to a homicide prevention approach. And in the case of reservations, there has been no justice for missing and murdered Native Americans. 

Nicole Burnham KSTP-TV Timeline
AR 15-6 Timeline of Events for Nicole Burnham (Source: KSTP-TV)

As a result of Nicole’s tragic and untimely death and the KSTP-TV investigation, Senator Amy Klobuchar and Representative Tom Emmer of Minnesota pushed the Army to take action and make changes to the expedited victims transfer policy. The pair asked the Army to track the time it takes to transfer victims of sex assault to another military base, citing the ‘unfortunate delays’ in the transfer of Pvt. Nicole Burnham. In response, the Secretary of the Army directed staff to update policies regarding the treatment of victims of sexual assault who request an off-base transfer. He asked that the Army update policies to mirror the timelines in the Department of Defense (DoD) policy. According to Secretary of Defense Mark Esper, DoD policy states an EVT should occur within 30 days and Esper said the Army’s policies will now reflect that timeline. Nicole’s mother, Stacey Burnham, said 30 days is too long. She also said, “I cannot imagine being a victim, having your EVT approved but knowing you may still be there for another 30 days.” Stacey Burnham has called for more significant changes in the wake of her daughter’s death suggesting the timeline should be condensed even further. She runs a public Facebook page called Pooters Peeps in honor of her daughter.

Amy Klobuchar Letter
Letter from Amy Klobuchar & Tom Emmer to the Secretary of the Army (photo: KSTP-TV)

Sources: KSTP-TV, Senator Amy Klobuchar, and Stacey Burnham

In the News:

A 21-year-old Fort Carson soldier who died after being found unresponsive on post last Friday was honored with a dignified transfer. -KOAA 5 (February 2, 2018)

Failing Nicole Burnham Tweet
Retweet on Twitter in honor of Pvt. Nicole Burnham.

Photos of Nicole Burnham:

Nicole Burnham 3
Nicole Burnham (photo: Pooters Peeps)
Nicole Burnham 2
Pvt. Nicole Burnham, U.S. Army (Image: Alex Wentz)

Pooters Peeps (Facebook):

Stop Bullying
Image: Pooters Peeps on Facebook
Suicide Cowardly
Image: Pooters Peeps on Facebook

Related Links:
Obituary: Nicole A Burnham of Andover, Minnesota | 1996 – 2018
Failing Private Burnham: How the Army Did Not Protect a Minnesota Soldier after a Sexual Assault
Dignified transfer performed for Fort Carson soldier who died on post
Soldier commits suicide after Army wives bullied her, told her she should die
Report: Soldier Kills Herself After Sexual Assault, Harassment, Cyberbullying
Failing Private Burnham | KSTP-TV | Facebook
5 Investigates “Making a Difference” | Midwestern Emmys
Veterans suicide prevention walk remembers Nicole Burnham
Letter to Secretary of Army from Amy Klobuchar & Tom Emmer
Klobuchar, Emmer look into Minnesota soldier’s sexual assault, suicide
Klobuchar, Emmer Push Army to Take Action after Minnesota Soldier’s Sexual Assault, Suicide
Army Secretary orders changes to policy after Minnesota soldier’s sexual assault, suicide
Army Secretary orders changes to policy after Minnesota soldier’s sexual assault, suicide
Defense Advisory Committee on Women in the Services Articles of Interest
The Murder of Pvt. Nicole Burnham – When Driven to Suicide, It’s Murder – Failure to Act Prudently Makes the United States Army an Accessory to Her Murder
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)
Rep. Mike Turner Says New Military Legislation Closes a Loophole & Includes Domestic Violence Victims in the Expedited Transfer Policy Law (May 1, 2018)
Pooters Peeps on Facebook (A Public Page Dedicated to Nicole Burnham)

NBC Washington: 62 Percent of Military Sex Assault Reports Result in Retaliation (May 18, 2015)

Punishing the Victim Retaliation NBC Washington.jpg

“One of the women interviewed was Lt. Col. Teresa James, the highest ranking officer to come forward with a rape claim in the National Guard, according to a recent report by the Guard. The News4 I-Team first brought you her story when she said she believes her 34-year military career with the West Virginia National Guard was destroyed after she reported her rape. Lt. Col. James attended the news conference and told the I-Team, ‘There’s nothing else they can do to hurt me. They did everything they could possibly do. It’s effecting change. That’s why I’m out today. It’s effecting change, and if I have to speak it, shout it from the rooftops, that’s what I’m going to do.’ Read more from NBC Washington here.

Related Links:
Serving in Silence: Sex Assault Retaliation Complaints Investigated
62 Percent of Military Sex Assault Reports Result in Retaliation
Troops who report sexual assault face retaliation
Highlights of Army National Guard Lt. Col. Teresa James’ Military Sexual Assault and DoD IG Substantiated Retaliation Case
DoD Retaliation Prevention and Response Strategy: Regarding Sexual Assault and Harassment Reports
DoD Retaliation Prevention and Response Strategy Implementation Plan
Military Sex Assault Reports Edge Up; Retaliation Persists
DoD Releases Annual Report on Sexual Assault in Military
Department of Defense Annual Report on Sexual Assault in the Military
Military Sexual Assault Reports Are Up for the Seventh Year in a Row
Pentagon: Claims of Retaliation for Sexual Offense Complaints on Rise
Reports of Military Sexual Assault, Retaliation Increase
The Biggest Obstacle to the Pentagon’s War on Sexual Assault: The Military Justice System
Military sexual assault reports rise in 2017 but fewer servicemembers faced courts-martial
Sexual assault, harassment spikes at military academies, strategies fail to stem crisis
Reports of sexual assault in the military soar
Pentagon report shows sharp rise in military sexual assaults
Sexual assaults in military rise to more than 20,000, Pentagon survey says
“A cultural rot”: Sex assaults spike at U.S. service academies
Defense Department to make sexual harassment a crime
‘It was rape:’ Wisconsin Army National Guard officer Megan Plunkett says she was retaliated against, disciplined for reporting sexual assaults
Gabbard says ‘there is still a fear of retaliation’ in the military about reporting sexual assault
Senators Hirono, Gillibrand Reintroduce Legislation to Bring Justice to Survivors of Sexual Assault in the Military
Sexual assaults in the military are on the rise. This bill would authorize Congress to intervene
Sexual Assault in the Military | C-SPAN.org

Military Sexual Assault: Photojournalist Mary Calvert Documented Some of Their Stories | Cosmopolitan (August 26, 2014)

Mary Calvert
Mary Calvert

In Photos: The Epidemic of Military Sexual Assault

Some 26,000 women [and men] are sexually assaulted in the military every year. Photojournalist Mary Calvert documented some of their stories.

“Why is this happening? To answer that question, Mary Calvert met with survivors and went to congressional hearings on military sexual assault. The women she met connected her with more women, and she photographed them in their homes and communities. Through her work, she learned that just 1 in 7 victims of sexual assault in the military reported the attack; of those assaults that were reported, just 1 in 10 ever saw a trial.”

Read more from  Cosmopolitan here.

“I get emails, and comments from people saying, ‘I was sexually assaulted in the military and I’ve never told anybody and when I saw these pictures and read these stories I felt more courage to go out and get some help.'” -World Press Photo Foundation (May 18, 2017)

Related Links:
Mary F. Calvert Official Website
The Battle Within: Sexual Assault in America’s Military Part 1: The Hearings
The Battle Within: Sexual Assault in America’s Military Part 1: The Survivors
Missing in Action: Homeless Women Veterans
The Battle Within: Sexual Assault in America’s Military
Mary F. Calvert | John Simon Guggenheim Foundation
Surviving Rape in the Military – The New York Times
The New York Times Discusses Mary F. Calvert’s Photography on Sexual Assault in the Military
Thousands Are Sexually Assaulted In The U.S. Military Every Year. These Are Some Of Their Stories.
Photos: Women Who Risked Everything to Expose Sexual Assault in the Military
Haunting Photo Essay Illustrates the Real-Life Toll of Military Sexual Assault in America
Sexual Assault in America’s Military | Photographer: Mary F. Calvert
World Press Photo Winners: Mary F. Calvert and Military Sexual Assault
“It’s sad to think that this could become my life’s work”
Mary F. Calvert on Photographing Military Sexual Assault Without Adding to Her Subjects’ Suffering
The Battle Within: Sexual violence in America’s military laid bare as record numbers of women are raped
‘I just pulled up my pants and went back to work’: Women veterans reveal the shocking sexual and physical abuse they suffered in the US armed forces
The Battle Within: Sexual Assault in America’s Military | Visa pour l’image
Mary F. Calvert on ‘Sexual Assault in America’s Military’

A Very Realistic Military Game | Inside Amy Schumer (August 26, 2014)

Amy discovers that her boyfriend’s war game unfolds very differently when the player chooses a female character. -Inside Amy Schumer, Comedy Central (August 26, 2014)

The sketch says it all… there’s a reason the majority of service members don’t report crime. Character assassination and retaliation is real for both male and female victims of crime in the military. Their lives, reputations, careers, and futures are dependent on the actions of the convening authority who has the power to do nothing. In the civilian world, after reporting a crime to the local police department and evidence is gathered, a prosecutor determines whether or not a case moves forward in the judicial system. The Military Justice Improvement Act (MJIA) attempts to mirror this process and was reintroduced in June 2019, yet again was not allowed on the Senate floor for a vote. The last cloture vote on the way the military should handle felony crimes was on March 6, 2014. Invoking cloture means 60 Senators or two-thirds is required for passage of a bill as opposed to the majority of Senators. The biggest opponents of the MJIA were former Senator Claire McCaskill (D-MO) and former Senator Kelly Ayotte (R-NH), both since voted out of the Senate and replaced by Senator Joni Ernst (R-IA) and Senator Martha McSally (R-AZ). This pair of military officers are proponents of keeping the Chain of Command involved in the decision making process of adjudicating felony crime despite what the majority of military sexual assault survivors have asked for because the fear and retaliation continues. Meanwhile, the fight for military justice reform rages on. #PassMJIA

Related Links:
Inside Amy Schumer – A Very Realistic Military Game (YouTube)
Inside Amy Schumer – A Very Realistic Military Game (website)
Inside Amy Schumer: Military Video Game and Victim Blaming
Best of 2014: Inside Amy Schumer’s military rape sketch
The 11 Best Sketches from ‘Inside Amy Schumer’ Season 2
Amy Schumer Plays a Very Realistic Military Game (Trigger Warning)
Here’s Why You Don’t Want To Play A Female Character In A ‘Realistic’ Military Game
Amy Schumer Realizes Military Games Are Not Fun for Female Characters
15 feminist Amy Schumer sketches that will make you stand up and cheer
Amy Schumer’s Top 5 Feminist Comedy Sketches
The top 10 funniest sketches from ‘Inside Amy Schumer’
Amy Schumer: ‘I don’t try to be feminist. I just am. It’s innately inside me’
Amy Schumer Is A Feminist Icon & Here’s 5 Undeniable Reasons Why
5 jokes that explain how Amy Schumer became the new queen of comedy
Breathless: Why Amy Schumer Is an Amazing Feminist
Amy Schumer’s Call of Duty: The Comedic Art of Straddling the Line Between Humor and Hurt

Senator Kirsten Gillibrand Leads Bipartisan Coalition to Reform the Military Justice System: Introduced the Military Justice Improvement Act (2013)

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System
Senator Susan Collins Leads Effort to Reform Military Justice System to Address Sexual Assaults

Washington D.C. – During a news conference today, U.S. Senators Susan Collins and Kirsten Gillibrand (D-NY), along with a bipartisan group of their colleagues in the Senate and House, announced new legislation that would reform the military justice system by removing the prosecution of all crimes punishable by one year or more in confinement from the chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. 

Senators Collins and Gillibrand were joined by survivors of sexual assault in the military, including Jennifer Norris of Maine, and by representatives from organizations who assist victims of Military Sexual Trauma. The Military Justice Improvement Act would for the first time remove the decision whether to take a case to special or general court-martial completely out of the chain of command and give that discretion to experienced military prosecutors for all crimes punishable by one year or more in confinement, except crimes that are uniquely military in nature, such as disobeying orders or going AWOL. 

“To be sure, the vast, overwhelming majority of our military personnel are honorable, conscientious, and respectful individuals, not rapists or harassers. It is for their sake that the pattern of covering up, blaming the victim, and failing to provide even the most basic protections that has been all too common for far too long must end,” said Senator Collins. “What does it say about us as a people, as the nation, as the foremost military in the world when some of our service members have more to fear from their fellow soldiers than from the enemy? This epidemic of sexual abuse cannot stand. We must ensure that justice is swift and certain to the criminals who have perpetuated these crimes.”

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System (Full Video)

With tears streaming down her face, Jennifer Norris, a former Technical Sergeant in the Air Force, describes her harrowing experience with sexual assault and the difficulty she had in seeking justice within the military chain of command, saying, “The system is rigged against the victims” and in favor of the “often higher-ranking perpetrators.” [VIDEO]

Norris, who did not serve in Hawaii, said she’d been reluctant to report the rape because, “in the Air Force, I witnessed first hand what happens to those who stepped forward to report their assaults. I did not want to be stigmatized for reporting my assault — as I tried to move forward with my career. Instead, the best option for me was to try and endure it, to suck it up and try and make it until I could get transferred somewhere else — only to have it happen over and over again, like a recurring nightmare.”

She never did get justice, she said, even when she did come forward. “My perpetrators were allowed to resign in lieu of Administrative Hearings, which would have become a matter of public record. My command never offered the chance to proceed with a court martial.”

She said, “If the chain of command had been removed from handling sexual assault cases before I was attacked I believe justice would have been served or perhaps it would have been prevented in the first place.”

-Jennifer Norris (Civil Beat, May 16, 2013)

Gillibrand: “I’m Distressed That The Victims’ Voices Aren’t Being Heard In This Debate

Gillibrand: “I’m Distressed That The Victims’ Voices Aren’t Being Heard In This Debate

Related Links:
Sexual assault victim: “The system is rigged”
‘A Place to Begin’ by Jennifer Norris, USAF Retired [Video]
Air National Guard Recruiter Drugs and Rapes New Recruit (1996)
Sexual Assault and Abuse of Authority at Keesler Air Force Base (1997)
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
House Armed Services Committee Initiatives Regarding Military Sexual Assault (2011)
Combat Military Rape, Jackie Speier Introduces Legislation and Campaign (2011)
Air Force TSgt. Jennifer Norris Testified Before the HASC in Washington DC (2013)
Defense Department Rescinds Direct Combat Exclusion Rule; Services to Expand Integration of Women into Previously Restricted Occupations and Units (January 24, 2013)
Pentagon battling military rape “epidemic” (2013) – CBS News
Now That Women Are Cleared For Combat, How About A Rape-Free Workplace? (2013)
Senator Collins Leads Bipartisan, Bicameral Effort To Reform Military Justice System (2013)
Military sexual assault victim Jennifer Norris discusses new bill – Democrat & Chronicle
Bill would take sexual assault cases out of commanders’ hands – Democrat & Chronicle
Legislation Aims to Strengthen Prosecution of Sexual Assaults in Military
Senators Lead Push To Change Military’s Sexual Assault Policy – NPR
Senators Lead Push To Change Military’s Sexual Assault Policy – NPR
Bill attacks ‘epidemic’ of military sex assaults – Portland Press Herald
Hawaii Delegation Backs Reforms Against Military Sexual Assaults
Changes proposed as military struggles with sex assaults
Military cracks down on rampant sexual abuse – CBS News
Obama, lawmakers tackle military sexual assault – The State
Gillibrand Builds Bipartisan Support for Change of Military Justice Code (UPDATED)
US Military Officials Call Sex Abuse In Ranks Serious Problem
The Deep Cultural Roots of Military Sex Abuse – CT Mirror
Military sex assault victims get aspirin: Our view – USA Today Editorial Board
Sexual assault victims say military’s promises of reform don’t go far enough
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Senator Collins speaks in support of efforts to address military sexual assault (March 7, 2014)
Gillibrand turns empathy into political stock in trade (Poughkeepsie Journal)
The Modus Operandi of Social Justice Warriors (2016)
Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)
Trends in Active-Duty Military Deaths Since 2006 | Congressional Research Service (2020)
“Veteran Advocates” Use Defamatory Newspaper Article & the Small Town Cops Who Created the Narrative to Bounce Medically Retired Service Members Out of the Advocacy Game (2024)
Military Injustice: Nowhere to Turn, Nowhere to Run, Nowhere to Hide; The Story of Kamisha Block and How U.S. Army Leadership Contributed to Her Death

Senate Armed Services Subcommittee on Personnel: Hearings on ‘Sexual Assault in the Military’ (March 13, 2013)

Senate Armed Services Subcommittee on Personnel: Sexual Assault in the Military (Photo: C-SPAN)

Senator Gillibrand’s Opening Statement at Armed Services Subcommittee Hearing Examining Sexual Assaults in the Military

Hearing is Gillibrand’s First As Chair Of Senate Armed Services Subcommittee On Personnel – Has Been Leading The Fight To End Sexual Violence In Military

Washington, D.C. – U.S. Senator Kirsten Gillibrand released the following prepared remarks of her opening statement at today’s Senate Armed Services Subcommittee on Personnel hearing examining sexual assault in the military:

“It is an honor and privilege to Chair this hearing of the Personnel Subcommittee this morning. I want to thank the Ranking Member of this Subcommittee, Senator Lindsey Graham, for his support and working with me to move this hearing forward as quickly as possible.

“I know that all of our colleagues on the Armed Services Committee share our deep commitment to improving the quality of life of the men and women who serve in our all-volunteer force on active duty, or in the National Guard and Reserves, their families, military retirees, and Department of Defense Civilian personnel. 

“And that is why this hearing today is so important to me personally…and to thousands of servicemembers…and their families across the country.

“The issue of sexual violence in the military is not new. And it has been allowed to go on in the shadows for far too long. The scourge of sexual violence in the military should be intolerable and infuriating to us all.  Our best, brightest, and bravest join our armed forces for all the right reasons – to serve our country, protect our freedom, and keep America safe.

“The United States has the best military in the world and the overwhelmingly vast majority of our brave men and women serving in uniform do so honorably and bravely. But there is also no doubt that we have men and women in uniform who are committing acts of sexual violence and should no longer be allowed to serve.  

“Too often, women and men have found themselves in the fight of their lives not in the theater of war – but in their own ranks, among their own brothers and sisters, and ranking officers, in an environment that enables sexual assault. 

“And after an assault occurs, an estimated 19,000 sexual assaults happened in 2011 alone according to the Defense Department’s own estimates…some of these victims have to fight all over again with every ounce of their being just to have their voice heard…their assailant brought to any measure of justice… and the disability claims they deserve fulfilled. Congress would be derelict in its duty of oversight if we just shrugged our shoulders at these 19,000 sons and daughters…husbands and wives…mothers and fathers…and did nothing. We simply have to do better by them.

“When brave men and women volunteer to serve in our military they know the risks involved. But sexual assault at the hands of a fellow service member should never be one of them.  

“Because not only does sexual assault cause unconscionable harm to the victim — sexual violence is reported to be the leading cause of post-traumatic stress disorder among women veterans — but it destabilizes our military, threatens unit cohesion and national security. Beyond the enormous human costs both psychologically and physically, this crisis is costing us significant assets – making us weaker both morally and militarily.   

“Already, this Committee and the Pentagon took some first steps on this issue as part of last year’s National Defense Authorization bill that President Obama signed into law. While obviously our work is not done, I am hopeful that we can build on these initial changes which include:

Ensuring that all convicted sex offenders in the military are processed for discharge or dismissal from the Armed Forces regardless of which branch they serve in;

Reserving case-disposition authority for only high-ranking officers in sexual assault cases;

Pushing the Pentagon to lift the combat ban that prevents women from officially serving in many of the combat positions that can lead to significant promotion opportunities. By opening the door for more qualified women to excel in our military, we will have increased diversity in top leadership positions, improving response from leadership when it comes to preventing and responding to sexual violence;

And an amendment introduced by my colleague Senator Jeanne Shaheen and based on my legislation, the MARCH Act, means that troops who become pregnant as a result of an act of rape no longer have to pay out of pocket to have those pregnancies terminated. 

“Concerning our first panel of witnesses, I want to salute each of you for your courage today in telling your very painful and personal stories. It is my hope and belief that by committing this selfless act you are encouraging others to step forward and are also helping to prevent other crimes from going unpunished.

“We have a duty to you, and the thousands of victims you represent, to examine whether the military justice system is the most effective and fairest system it can be.  

“Despite some very dedicated JAG officers, I do not believe the current system adequately meets that standard.  The statistics on prosecution rates for sexual assaults in the military are devastating.  Of the 2,439 unrestricted reports filed in 2011 for sexual violence cases – only 240 proceeded to trial. Nearly 70 percent of these reports were for rape, aggravated sexual assault or non-consensual sodomy.

“A system where less than 1 out of 10 reported perpetrators are held accountable for their alleged crimes is not a system that is working. And that is just reported crimes. The Defense Department itself puts the real number closer to 19,000! A system where in reality less than 2 out of 100 alleged perpetrators are faced with any trial at all is clearly inadequate and unacceptable.

“My view is that emphasizing institutional accountability and the prosecution of cases is needed to create a real deterrent of criminal behavior. The system needs to encourage victims that coming forward and participating in their perpetrator’s prosecution is not detrimental to their safety or future, and will result in justice being done.  Because currently, according to the DOD, 47 percent of service members are too afraid to report their assaults, because of fear of retaliation, harm or punishment. Too many victims do not feel that justice is likely or even possible.

“We need to take a close look at our military justice system, and we need to be asking the hard questions, with all options on the table, including moving this issue outside of the chain of command, so we can get closer to a true zero tolerance reality in the Armed Forces. The case we have all read about at Aviano Air Base is shocking, and the outcome should compel all of us to take the necessary action to ensure that justice is swift and certain, not rare and fleeting.   

“I had the opportunityto press Secretary Hagel on the issue of sexual violence in the military during his confirmation hearing. Secretary Hagel responded by saying, ‘I agree it is not good enough just to say zero tolerance. The whole chain of command needs to be accountable for this.’

“I could not agree more. I was very pleased with the Secretary’s public statement earlier this week that he is open to considering changes to the military justice system as well as legislation to ‘ensure the effectiveness of our responses to the crime of sexual assault.’

“It is with this spirit as our guide that I look forward to hearing from our witnesses.

“After Ranking Member Graham makes his opening remarks, we will hear testimony from my colleague from California, Senator Barbara Boxer who has been a leading voice on this issue. In last year’s Defense bill she successfully included an amendment that prohibits any individual who is convicted of a felony sexual assault from being issued a waiver to join the military.

“We will then have the following witnesses who have either been the victims of sexual assault while serving in the military, or are very knowledgeable advocates for addressing the issue of sexual assaults in the military:

Anu Bhagwati is Executive Director and Co-Founder of the Service Women’s Action Network. Anu is a former Captain and Company Commander, she served as a Marine officer from 1999 to 2004. While serving, Anu faced discrimination and harassment as a woman in the military, and has borne direct witness to the military’s handling of sexual violence.

BriGette McCoy, former Specialist in the U.S. Army. BriGette served in the U.S. Army from 1987 to 1991. She was just eighteen years old when she signed up to serve her country in the first Gulf War. While stationed in Germany from 1988 to 1991, she was sexually assaulted by a non-commanding officer. 

Rebekah Havrilla, former Sergeant in the U.S. Army. Rebekah served in the U.S. Army from 2004 to 2008. She was the only female member of a bomb squad in eastern Afghanistan and was attacked by a colleague at Salerno Forward Operating Base near the Pakistani border during her last week in the country in 2007.

Brian Lewis, former Petty Officer Third Class, US. Navy. Brian enlisted in the U.S. Navy in June of 1997. During his tour aboard USS Frank Cable (AS-40), he was raped by a superior non-commissioned officer and forced to go back out to sea after the assault. 

“I encourage you to express your views candidly and to tell us what is working and what is not working.  Help us to understand what we can do to address this unacceptable problem of sexual assaults in the military. 

“Later this afternoon at 2:00 p.m., we will have a third panel of witnesses from the Department of Defense, and the military services, including the Coast Guard. I want to acknowledge that many of those witnesses are here this morning to listen to the critically important testimony from our first and second panels and I would like to thank them for their participation.”

Sexual Assault in the Military Senate Hearing:

Senator Gillibrand’s opening statement at the SASC Committee Hearing on Sexual Assault in the Military (March 13, 2013)
Survivors Share Sexual Assault Experiences in the Military (March 13, 2013)

Related Links:
Sexual Assault in the Military, Part 1 (C-SPAN)
Sexual Assault in the Military, Part 2 (C-SPAN)
Senator Gillibrand’s Opening Statement at Armed Services Subcommittee Hearing Examining Sexual Assaults in the Military
Gillibrand Opening Statement at SASC Hearing on Military Sexual Assault
Survivors Share Sexual Assault Experiences in the Military [Video]
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Defense Department Rescinds Direct Combat Exclusion Rule; Services to Expand Integration of Women into Previously Restricted Occupations and Units (January 24, 2013)
CBS News: Sexual assault victim, “The system is rigged” (May 16, 2013)
Stars and Stripes: ‘White House, Congress bear down on military sexual assault’ (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)

House Armed Services Committee Initiatives Regarding Military Sexual Assault (2011)

PDF for House Armed Services Committee Initiatives Regarding Sexual Assault

Marine Corps Veteran Carri Goodwin Died of Alcohol Poisoning in Alliance, Ohio; Dad Finds Evidence of Military Rape & Suicidal Thoughts in Journals (February 28, 2009)

Carri Goodwin
Carri Leigh Goodwin, U.S. Marine Corps Veteran

My original efforts were inspired by Carri Leigh Goodwin, LaVena Johnson, and the many other servicemembers who did not survive as a result of their service to this country. In honor of these men and women, we pledge to fight for justice on their behalf, amplify their voices, and support the families who deserve to know the truth.

In August 2007 at the age of eighteen (18), Carri Leigh Goodwin of Alliance, Ohio enlisted in the United States Marine Corps to make her Marine Corps veteran father proud. During her short time in the Marine Corps, Carri was sexually assaulted by two different men while serving, reported the crimes, and instead of being taking seriously was discharged with a mental health diagnosis and misconduct discharge. Like most rape survivors, Carri had acute Post Traumatic Stress (PTSD) from the brutal assaults she endured. Carri Leigh Goodwin died on February 28, 2009 from alcohol poisoning only a few days after being discharged from the U.S. Marine Corps. Gary Noling wants to honor her and all the families who have lost their child to the sexual assault and violence epidemic in the U.S. military. Gary wrote about his experience with the tragic loss of his daughter in the New York Times in August 2016: What the Military Owes Rape Survivors Like My Daughter.

Related Links:
Carri Leigh Goodwin (1989 – 2009)
Carri Leigh Goodwin MST
More charges in court brawl
Speaking Out: US Military Sexual Violence and Trauma Against Women
In Harm’s Way: Non-combat deaths of Ohio soldiers raise questions about U.S. military’s treatment of female members
The Tragic Case of Maria Lauterbach
Military Sexual Trauma: Is this how we treat women in the military?
Military Sexual Trauma: The Women’s War
Sexual Assault Prevention & Response Services: The Invisible War
Military Fails to Protect Service Members from Rape— Class Action Lawsuit filed against the Pentagon
Why suicide rate among veterans may be more than 22 a day
Tammi Sue Goodwin-Smith Obituary
What the Military Owes Rape Survivors Like My Daughter | NY Times
What the Military Owes Rape Survivors Like My Daughter | SOFREP
Petition: Support Victims Of Military Sexual Assault
RAPE & SEXUAL ASSAULT are Dirty Little Secrets for the Military, Especially the US Navy
‘Military Sexual Trauma’: the victims behind allegations of abuse in the U.S. Armed Forces
Carri Leigh Goodwin | Wikipedia

Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)

LaVena Johnson
Pfc. Lavena Johnson, U.S. Army

Editors Note: Need to get up to speed quick with the unsolved case of Fort Campbell Army Pfc. Lavena Johnson, please check out Episode 40 on the Military Murder Podcast.

Army Pfc. LaVena Johnson, 19, died of non combat related injuries in Balad, Iraq on July 19, 2005. Pfc. Johnson was supporting Operation Iraqi Freedom on behalf of the Army’s 129th Corps Support Battalion in Fort Campbell, Kentucky. Unlike most, the Department of Defense did not announce that LaVena’s death was under investigation in their press release. The Army Criminal Investigation Division later determined that Pfc. Johnson’s cause of death was suicide by self inflicted gunshot wound. The Army tried telling the family that LaVena used her own M-16 to commit the suicide. The family immediately suspected foul play and ordered an independent autopsy for LaVena. LaVena was not depressed and showed no signs of suicidal ideation. As a matter of fact, she was happy and bubbly and looking forward to going home for Christmas. After the family saw LaVena’s body and obtained investigative documents from the Army, they quickly realized that LaVena did not die by suicide, she was raped and murdered.

According to the family, the Army never investigated LaVena’s death as a homicide nor did they do a rape kit test or autopsy. The family gleaned from the paperwork that Army investigators first considered LaVena’s death a homicide and recorded that in their paperwork, but within a short window of opportunity were suddenly ordered to cease their investigation and reclassify her death as a suicide. Ten years later, LaVena’s father, Dr. John Johnson, continues to fight for justice for his daughter. And, although he has had struggles getting media coverage, he has forged out on his own to speak the truth for LaVena. Dr. Johnson is featured in a documentary called The Silent Truth which presents the heartbreaking story of his daughter LaVena. Pfc. LaVena Johnson was betrayed by the very people she depended on for her life, and the military industrial complex who would rather silence the truth then harm their reputation.

Petition: Reopen the investigation of LaVena Johnson’s death

In the News:

Nineteen year-old Army PFC LaVena Johnson, was found dead on a military base in Balad, Iraq in 2005. The U.S. Army ruled Lavena’s death a suicide, but an autopsy report and photographs revealed Johnson had a broken nose, black eye, loose teeth, burns from a corrosive chemical on her genitals, and a gunshot wound that seemed inconsistent with suicide. LaVena’s father, John Johnson, shares his family’s fight to get answers from the military about his daughter’s death. -Protect Our Defenders (July 14, 2012)

Pfc. LaVena Johnson died in Iraq on July 19th, 2005 and her family needs your help. -Unsolved Mysteries (September 26, 2014)

Many have heard about the efforts for justice in the case of Army PFC LaVena Johnson. In 2005 after only 6 weeks of her deployment in Iraq, PFC LaVena Johnson was found dead. The Army says suicide, but after close evaluation and discovering a plethora of discrepancies in the Army’s report, LaVena’s father Dr. John H. Johnson began the fight for justice for his daughter. On this episode of The Rock Newman Show our special guest are LaVena’s father, Dr. John H. Johnson and attorney Donald V. Watkins. We warn our viewers that this episode of The Rock Newman Show goes into deep detail concerning the evidence and death of PFC LaVena Johnson. Dr. John H. Johnson and Donald V. Watkins contend that by no means is this case a suicide, and say they even know the name of the culprit. -The Rock Newman Show (February 11, 2016) 

Learn more here: ACT Now! Stand for PFC LaVena Lynn Johnson

Related Links:
DoD Identifies Army Casualty
10 Unsolved Military Cases
The Silent Truth
Ten years later, a soldier’s family still grieves and questions the Army’s version of her death
LaVena Johnson: Army Still Calls Grisly Rape and Murder ‘Suicide’
A Political Season: Justice for PFC LaVena Johnson
What the Death of Army Pfc LaVena Johnson Says About Us
No Justice, No Peace: Remembering Pfc. LaVena Johnson (Includes Petition)
Justice for Pfc. LaVena Johnson?
Justice For LaVena Johnson: Raped & Murdered Or Suicide? The Evidence Says One Thing; U.S. Military Says Another
New Details Emerge After Second Autopsy of Pfc Lavena Johnson
Rape in the armed forces, Breaking the silence
Sexual Violence Against Women in the US Military: The Search for Truth and Justice
The Silent Truth Documentary aka The LaVena Johnson Murder Cover-Up
LaVena Johnson: Raped and Murdered on a Military Base in Iraq
What’s The Military Hiding About LaVena Johnson & Kamisha Block’s Deaths?
Family disputes Army’s suicide finding in daughter’s death
Suicide or Murder? Three Years After the Death of Pfc. LaVena Johnson in Iraq, Her Parents Continue Their Call for a Congressional Investigation
Soldier’s Family Challenges Army Suicide Report
The Scandal of Military Rape
Documents and photos suggest foul play in death of Private Johnson
Army Pvt. Lavena L. Johnson
Who Killed PFC LaVena Johnson???
Democracy Now: Pvt LaVena Johnson
The Mysterious Death of Lavena Johnson
LaVena Johnson’s Murder, An Analysis of Crime Scene
U.S. Army Covers Up Womans Murder and gets Caught!
“The U.S. Army Raped & Murdered My Daughter!!! Justice For Pfc LaVena Johnson!!!”
Black teen in the army raped and murdered but the army says it was suicide
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
Conspiracy: Women in the US Military | Crime Junkie Podcast (website)
Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Autopsy Revealed Rape & Murder (July 19, 2005)
‘The Silent Truth’ Documentary: The Rape, Murder & Military Cover-Up of Army Pfc. LaVena Johnson in Iraq (July 1, 2014)
Crime Junkie Podcast Featured the Suspicious Deaths of LaVena Johnson & Tina Priest in ‘Conspiracy: Women in the US Military’ (October 22, 2018)
The Strange & Unexplained: ‘The Biggest Suspicious Unsolved Military Mysteries’
15 Active Duty Cases That Beg for Prevention Efforts, Military Justice Reform, and the End of the Feres Doctrine
15 Movies & Documentaries That Expose the Broken Military Justice System
Military Murder Podcast Featured the Suspicious Case of Fort Campbell Army Pfc. Lavena Johnson in Balad, Iraq (July 27, 2020)

Innocent Victims: The True Story of the Eastburn Family Murders by Scott Whisnant Published | Book Review (March 1, 1993)

Description:

Fort Bragg, North Carolina, had seen it all before – when Dr. Jeffrey MacDonald was convicted of savagely slaying his wife and children. Now another officer’s wife had been raped and murdered, another pari of children viciously butchered. And another member of the military was brought to trial. This time the state had no trouble winning a conviction. Tim Hennis was found guilty and sentenced to death. Only Hennis’ parents, wife, and dedicated defense team refused to give up. Piece by piece they ripped the state’s case to shreds, revealing a stunning story of perversion of justice, false witnesses, hidden evidence, and, incredibly, a baby-sitter who had a fascination with Dr. Jeffrey MacDonald. With the brutal truth and chilling suspense of Fatal Vision, this riveting account recreates a vicious crime, the behind-the-scenes story of its investigation, the compelling drama of one of the very few men ever released from Death Row, and an unsolved mystery that still casts a spell of terror. (Innocent Victims by Scott Whisnant)

Book Review:

I read the Innocent Victims book while I was camping and honestly I could not put it down. I was reminded of it while listening to the Military Murder Podcast and inspired to read it because of the level of detail available in the book. It was a great read because there were so many twists and turns in the case. If I didn’t know about the fact that a DNA match to Timothy Hennis helped prove his guilt in a 2010 military trial, I would have been convinced Timothy Hennis was wrongfully convicted. Timothy Hennis was luckier than most because he had the staunch support of his adopted family and wife Angela, who all believed wholeheartedly in his innocence. This case is one for the history books because it’s not every day someone is found guilty in a civilian trial, then found not guilty in a civilian trial on appeal, and then tried again by the military in a third trial and found guilty. Timothy Hennis was sentenced to death and is one of four service members languishing on military death row. The military hasn’t executed anyone since they hanged Army Pvt. John Bennett on April 13, 1961.

Journalists and scholars have questioned the military’s ability to try someone found not guilty in a civilian court because of the double jeopardy concerns. Due to the fact that Timothy Hennis was found not guilty in a second civilian trial, he was allowed to resume his career in the U.S. Army and retired as a MSG in 2004. As far as we know, Timothy Hennis committed no other crimes and was well respected by those he served with. It would be because of his retirement from the military, the Army was able to bring him back on active duty status and try him in a third trial for the murders of the Eastburn family. This practice is also controversial. On appeal Timothy Hennis challenged the military’s jurisdiction to recall him to active duty status to prosecute him and questioned the double jeopardy concerns. In January 2020, an Appeals Court decided military retirees can be recalled to active duty status and court-martialed. In February 2020, the U.S. Court of Military Appeals rejected Hennis’ constitutional rights challenges to the military court’s jurisdiction to try him.

Is it constitutional for retirees to be court martialed? Highest military court to decide soon. (Connecting Vets, July 8, 2020)

Do you love podcasts? Check out the Military Murder Podcast and get up to speed with the Timothy Hennis murder case here.

Kathryn, Cara, and Erin Eastburn of Fayetteville, North Carolina

Related Links:
Air Force Spouse Kathryn Eastburn & Daughters Cara & Erin Found Murdered in Fayetteville, NC Home; Youngest Toddler Jana Discovered Unharmed (May 9, 1985)
A Military Jury Delivered a Guilty Verdict in a Death Penalty Trial to Retired Army MSG Timothy Hennis for the Triple Murders of Kathryn, Cara & Erin Eastburn (April 8, 2010)
In 3rd Trial, Retired Army MSG Timothy Hennis Sentenced to Death by Military Court Martial for the Murders of Kathryn, Cara & Erin Eastburn in Fayetteville, NC (April 15, 2010)
Unusual Suspects Premiered ‘Mother’s Day Murders’ on ID: Timothy Hennis on Military Death Row for Murders of Kathryn, Cara & Erin Eastburn (October 8, 2012)
Death’s Door Podcast Featured the Case of Military Death Row Inmate Army MSG Timothy Hennis (September 14, 2017)
Crime Junkie Podcast Featured ‘Murdered: The Eastburn Family’; Army MSG Timothy Hennis on Military Death Row for Rape & Three Murders (May 13, 2019)
Military Murder Podcast Premiered First Three Episodes on Veteran’s Day: Stephen Schap, Russell Williams, and Timothy Hennis (November 11, 2019)
Seven Intriguing True Crime Podcasts Spotlighting Active Duty Military Suicide, Missing, and Murder Cases
Four Service Members on Military Death Row at Fort Leavenworth, Army Private John Bennett was Last Military Execution by Hanging in 1961
Violent Crime, Non Combat Death and Suicide at Fort Bragg, North Carolina (US Army)