Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)

“Sexual assault victims and victims’ advocates testified on the need for Congress to address prevention and handling of such cases in the military. The Senate Armed Services Subcommittee on Personnel convened the hearing and was considering various proposals, including making changes to the military justice system, to address how assault cases are prosecuted.”Sexual Assault in the Military | CSPAN.org (March 24, 2021)

Video:

Senate armed services committee holds hearing on sexual assault in the military
Senator Elizabeth Warren on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
How personal experience is guiding this military corp’s attempt to combat sexual assault
Sen. Gillibrand Pushes For Sexual Assault Reform In Military

Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:

Download Testimony here.

Chairman Gillibrand, Ranking Member Tillis, and Members of the Committee, I thank you for this opportunity.  

My name is Amy Braley Franck I have been working with victims of sexual violence since 2006.  Currently employed as Victims’ Advocate at 416th Theater Engineer Command.  

I am currently being retaliated against for reporting Command for illegally concealing and failing to report 3 violent Sexual Assaults to Law Enforcement.  

I have been on a paid suspension since 20 November 2019 the day after I emailed LTG Charles Luckey the evidence.  I emailed the same evidence to the Chief of Staff of the Army, GEN James McConville on 22 November 2019.  I also sent this evidence to the Chairman of the Joint Chiefs of Staff, GEN Mark Milley and DOD SAPRO Admiral Burkhart and Nate Galbreath.  This evidence mirrors what was documented in the Ft. Hood Report. 

Sexual assaults and violent rapes not reported to CID or Law Enforcement, there was retaliation against victims and reporters of crimes, no Case Management Group or attendance for over a year.  

I have been left in this “suspension” after protecting victims and reporting command for over 16 months completely ostracized and isolated in retaliation.   

This evidence was reported to the Office of Special Counsel and the DOD IG  

The Army’s Internal 15-6 process has impeded justice for my victims and myself.  This internal investigative process does not allow for transparency and should be abolished. 

17-year-old Private in Granite City, Illinois reserve center was raped resulting in broken bones.  She had to stand next to her assailant in formation.  The Command’s illegal 15-6 investigation was documented in a Memorandum for Record. 

For over a year no one assisted her until I was notified in June 2019 but after my suspension, that ended. 

Advocates are continually blocked by layers of Command from protecting their victims.  When Commanders ignore the advice of Advocates, we have no recourse.  There are no consequences for Commanders when they violate law.      

Documented by the number of murders and murders by suicide.  Nicole Burnham’s, Brigade Commander Col John Mountford left Nicole in the same barracks at Camp Casey with her offenders raped and later gang raped tortured for over 82 days before her Transfer was executed.  Nicole is dead. 

Staff Sgt. Morgan Robinson’s first offender is still serving in the Oklahoma Army National Guard.  Staff Sgt. Robinson’s report of 9 Special Forces Soldiers placing a covering over her head, dragging her out of a tent and gang-raping her. Never investigated.  

An outstanding Soldier committed Suicide; she was not protected.  

Lavena Johnson’s brutal murder has never been investigated. The Army still states that it was a suicide.  

16 years later the toxic culture again exposed with the murder of Vanessa Guillen.  

This is not isolated to Fort Hood, documented across all components of the Military.   

Ft. Campbell April 2020 another victim of a gang rape was arrested illegally by CID and denied counsel. 

MG Shadley retired alerted MG Donna Martin.  Nothing was done. 

Never Alone helped Soldier with Suicidal Ideations.  She is still fighting to clear her record.     

Fort Bliss, 31 December 2020 Pfc. Asia Graham was found dead. Asia’s offender is identified as an accused serial rapist.   Walking free no pre-trial confinement.  He continued to live in the same barracks on the same floor with Asia and was moved into Headquarters Company with Asia until her untimely death. 

Asia’s leadership failed to protect her after she reported her rape in February 2020 not June.  

PVT Richard Halliday is still missing from Ft. Bliss. 

When victims and victim advocates speak out about the broken process and illegal actions of commanders.  We face severe retaliation.  

All felony crimes murder, rape, sexual assault, domestic violence do not belong within the chain of Command’s control to investigate or prosecute.   

Kamisha Block’s death deemed friendly fire, she was murdered due to Domestic Abuse. 

The Abuse of Power is real. 

In Italy the Provost Marshal,LTC Michae Parsons Army Garrison filed an espionage charge in Italian Court against an Army Spouse, Michela Morellato.  Retaliation for exposing Gen Harrington resulting in his firing and demotion.  This retaliation was reported to GEN Milley and IG.  Nothing was done.    

Illegal internal 15-6 process.  Ability to redact investigations. None of us will ever know the truth or get justice.   

Just this week my own sexual assault by a 2-star general still under investigation was improperly released to be weaponized against another sexual assault advocate during an unrelated court martial. The military has no checks and balances.    

I was raised in the military and a proud mother of a Veteran.  I will not stop until our Military is a safe.  “Sexual misconduct is an abuse of power and force protection issue.  The inability of commanders to execute essential command functions of “protection” is a significant threat to the United States Military’s ability to protect this great Nation.”  Soldiers should Never be Alone.

Other Witnesses:
Ms. Amy Marsh, Military Spouse
Mr. Quinton McNair, Former SARC/SHARP Victim Advocate
Ms. Brenda S. Farrell, Director, Defense Capabilities And Management, GAO
Mr. Eugene R. Fidell, Senior Research Scholar, Yale Law School Adjunct Professor Of Law, New York University Law School
Colonel Don M. Christensen, USAF (Ret.), President, Protect Our Defenders
Colonel Lawrence J. Morris, USA Ret. (No electronic testimony submitted)

Honoring the Fallen:

Related Links:
Sexual Assault in the Military | C-SPAN.org
SASC Sexual Assault in the Military Hearings Press Release (March 24, 2021) 
Senate armed services committee holds hearing on sexual assault in the military
Senate panel holds hearing on sexual assault in the military | FULL HEARING
Senate Armed Services Committee hearing on sexual assault in the military
How personal experience is guiding this military corp’s attempt to combat sexual assault
Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
Gillibrand renews push for military sexual assault reform
Gillibrand launches new push to punish sexual predators in the military
Pentagon leaders have opposed plans overhauling the military system for trying sexual assault for years. Has the time come for change?
‘Just heartbreaking’: Sen. Gillibrand pushes for sexual assault reform in military
Editorial — Military injustice: Independent prosecutors should handle sexual assault cases
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)
“They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says
Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)
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)
Report of the Fort Hood Independent Review Committee (November 6, 2020)
New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation
Search Continues for Fort Bliss Soldier Reported Missing Over 200 Days
Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Find Richard Halliday | Facebook

Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)

PLEASE CONTACT YOUR REPRESENTATIVE, SENATORS, AND THE SENATE ARMED SERVICES COMMITTEE & HOUSE ARMED SERVICE COMMITTEE TO EXPRESS YOUR SUPPORT FOR THE I AM VANESSA GUILLEN BILL.

Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present)

Washington D.C. Veteran’s Presentation on the Current Status of Forces at Fort Hood in Texas (December 12, 2017)

HASC Congressional Investigation of Fort Hood: Research Reveals Pattern of Suspicious Deaths and Cover-up (September 11, 2020)

***********************************************************

Speier, Mullin Introduce Bipartisan I Am Vanessa Guillén Act to Transform the Military’s Response to Sexual Violence and Missing Servicemembers

Washington, DC – Today, Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, and Congressman Markwayne Mullin (R-OK), along with co-leads Reps. Sylvia Garcia (D-TX), John Carter (R-TX), Veronica Escobar (D-TX), Pete Olson (R-TX), Gilbert R. Cisneros, Jr. (D-TX), Troy Balderson (R-OH), Jason Crow (D-CO), and Will Hurd (R-TX), and 94 additional co-sponsors, introduced the I am Vanessa Guillén Act in honor of the late SPC Vanessa Guillén and the many survivors of military sexual violence who have bravely come forward in the wake of her disappearance and brutal murder. The legislation responds to these resounding calls for change by offering provisions that would revolutionize the military’s response to missing servicemembers and reports of sexual harassment and sexual assault by making sexual harassment a crime within the Uniform Code of Military Justice and moving prosecution decisions of sexual assault and sexual harassment cases out of the chain of command. Senator Mazie K. Hirono (D-HI) introduced companion legislation in the U.S. Senate today. This morning, following a meeting with the Guillén family, Speaker Nancy Pelosi announced a commitment to hold a House floor vote on the I am Vanessa Guillén Act. President Trump previously announced his support for the bill during a White House meeting with the Guillén family.

SPC Guillén’s disappearance and brutal murder became the catalyst for long overdue change when her family refused to let her case be neglected by Army leadership at Fort Hood. The Guillén family supports the I Am Vanessa Guillen Act, and Chair Speier is also leading a congressional delegation this weekend to Fort Hood to further investigate matters at the base and speak with servicemembers at all levels about their experiences and how best to accelerate the cultural change that is so urgently needed.

Specifically, the I Am Vanessa Guillén Act would:

-Move prosecution decisions on sexual assault and sexual harassment cases outside of the chain of command to an Office of the Chief Prosecutor within each military service;

-Create a standalone military offense for sexual harassment;

-Establish trained sexual harassment investigators who are outside of the chain of command of the complainant and the accused;

-Create a confidential reporting process for sexual harassment that is integrated with DoD’s Catch a Serial Offender database;

-Require the Government Accountability Office (GAO) to investigate the military’s procedures for finding missing servicemembers and compare with procedures used by civilian law enforcement and best practices;

-Require both DoD and GAO to conduct separate evaluations of the military services’ Sexual Harassment/Assault Response and Prevention (SHARP) programs; and

-Establish a process by which servicemembers can make claims for negligence and seek compensatory damages against DoD in the case of sexual assault or sexual harassment.

“Military leadership has repeatedly failed to reduce sexual harassment, sexual assault, and violent crime at Fort Hood, one of the worst sites for attacks according to Army officials, and throughout the armed forces,” Chair Speier said. “The endless cycle of harassment, assault, and retaliation for those who speak out reveals the deep roots of a toxic culture we must eradicate so that survivors are taken seriously and treated with respect, and assailants are held accountable. The I Am Vanessa Guillén Act would do this by providing survivors independent investigations for both sexual harassment and sexual assault reports and independent charging decisions for courts-martial. It would also make sexual harassment a criminal offense in the military, helping get to the core of an issue that too often leads to violence and destroys careers, and lives. The Guillén family and legions of former and current servicemembers are demanding bold change. Congress must seize this moment and deliver on that demand for change by passing the I Am Vanessa Guillén Act.”

“The issue of sexual assault and sexual harassment in the military isn’t a Democrat or Republican issue – it’s an American issue,” Congressman Mullin said. “We must strengthen the military’s ability to protect its most important resource, which is the people who willingly sign-up to protect all Americans. The I Am Vanessa Guillén Act will also encourage survivors to come forward to report sexual assaults and sexual harassment and to provide justice. This is about protecting our men and women in uniform and I will keep fighting so no family has to go through what the Guillén family has gone through.”

“From the moment I started working with the Guillén family in May, I made it clear I would not stop until we found Vanessa and got justice in her name,” Congresswoman Garcia said. “The I Am Vanessa Guillén Act of 2020 is a transformative and comprehensive bill that will help save lives and give our soldiers an avenue to report sexual assault and harassment without fear – a lasting legacy in honor of Vanessa. I want the Guillén family to know that Congress, the Houston region, and the entire world stands with you and we won’t stop until we get justice for Vanessa.”

“First and foremost, my heart goes out to the Guillén family, no one should ever have to experience the pain they’ve experienced,” Congressman Carter said. “The men and women that selflessly serve our nation deserve to feel safe to report misconduct and feel confident that their issues will be fairly handled. There is absolutely no place for sexual misconduct in the United States military and we must take these steps to ensure that accountability is realized.”

“The unspeakable tragedy of Specialist Vanessa Guillén’s murder has shed new light and revealed to the American public the epidemic of unchecked sexual harassment and assault that too many service members have suffered,” Congresswoman Escobar said. “Specialist Guillén – and all servicemembers – deserve respect and justice, and it’s our obligation to protect those who bravely put their lives on the line for our country. We can’t continue the same approaches that have failed victims. Congress must respond to this moment of reckoning with new solutions to tackle this epidemic and pass the I Am Vanessa Guillén Act.”

“The tragedy that befell PFC Vanessa Guillén was horrific and reflects a growing problem in our Armed Forces. Our military members should never fear harassment or violence while defending our nation,” Congressman Olson said. “As a Navy veteran, I’m proud to support the I am Vanessa Guillen Act, which is an important step towards getting justice for PFC Guillén and other service members like her. It ensures there is a stand-alone military offense for sexual harassment and requires the GAO to review how our military processes missing service members in cases of suspected foul play compared to civilian law enforcement. By working together and demanding accountability, we can prevent the next tragedy. Our military must maintain higher standards and we will not be silent on this issue.”

“Year after year, we see an increase in reports of sexual assault and sexual harassment in our military and the same statements from military leadership about how unacceptable they are. It’s far past time we take bold action to bring accountability to the system and give survivors support,” Congressman Cisneros said. “In the memory of Specialist Vanessa Guillén, Republicans and Democrats are coming together to make legislative fixes to protect our men and women in uniform. I’m proud to join my colleagues in introducing the bipartisan I am Vanessa Guillén Act to provide the necessary support and resources for survivors of sexual assault and sexual harassment in our military. Our servicemembers and military families deserve to have the peace of mind that they’ll be heard and treated with dignity and respect.”

“Ohio is home to thousands of active duty servicemembers who risk their lives for our nation, and in return, it’s our country’s obligation to ensure their safety,” Congressman Balderson said. “In honor of Vanessa Guillén, this legislation will take important steps to ensure survivors of sexual assault and sexual harassment in our military can tell their stories without retribution and seek the justice they deserve.”

“As a soldier, I remember going to basic training to learn everything from marksmanship to the chain of command. The military is supposed to train new recruits on the essential tasks of the job, but we still don’t do nearly enough to address sexual assault in the ranks. We need to make sure we are creating a system and culture of accountability in the military to protect our women and men in uniform. For too long, sexual assault and violence has gone unaddressed,” Congressman Crow said. “The military failed Vanessa Guillén but I refuse to let Congress fail her or her family. It is Congress that decides what kind of military we have and now it is Congress’ responsibility to step up and pass the I AM Vanessa Guillén to protect our women and men in uniform.”

“We must work to ensure what happened to Vanessa Guillén never happens again,” Congressman Hurd said.“The I Am Vanessa Guillén Act of 2020 will protect soldiers like Vanessa by ensuring independent investigations occur in assault and harassment cases. This will better safeguard our soldiers from retaliation and help prevent these atrocious acts from ever happening in the first place.”

“Vanessa Guillén’s story makes painfully clear the need for a better response to sexual harassment and sexual assault in the military,” Senator Hirono said. The I Am Vanessa Guillén Act knocks down barriers to reporting sexual harassment and sexual assault and directly addresses the culture that protects the perpetrators of these crimes. It’s time to make a system that respects and protects survivors.”

The I Am Vanessa Guillén Act will fundamentally reform reporting and investigation of sexual harassment in the military and transform prosecution of sexual harassment and assault by empowering an independent prosecutor, within each military service, to bring charges. The bill will also allow servicemembers who were sexually harassed or sexually assaulted to pursue monetary claims against DoD and will also require a comprehensive GAO review of the military’s sexual harassment and assault prevention and response programs, as well as the military’s procedures for responding to missing servicemembers.

A fact sheet and the text of the bill are attached to this press release.

Introduction of I Am Vanessa Guillen Act:

This is a hearing by the Subcommittee on Military Personnel, looking into sexual harassment allegations and how they’re responded to. It’s also looking into Fort Hood’s sexual assault and response program. This hearing is taking place a day before Vanessa Guillen’s family meets with President Trump and legislation is introduced. -KHOU 11 (July 29, 2020)
Rep. Speier, family of murdered soldier Vanessa Guillen on legislation in her honor -PBS News Hour (September 16, 2020)

Related Files:
Fact Sheet – I am Vanessa Guillen Act Press Fact Sheet.pdf 
2020-09-15 I Am Vanessa Guillen Bill Text.pdf

In the News:

“The IamVanessaGuillen Bill is a BiPartisan Bill. It is NOT a political issue, it’s a human rights issue,” Guillen family attorney Natalie Khawam wrote. -KCEN News (September 16, 2020)
Speaker Pelosi to reportedly bring ‘I am Vanessa Guillen’ Act to U.S. House floor for vote -25 News KXXV (September 16, 2020)
Vanessa Guillén’s family members speak during a news conference about the “I Am Vanessa Guillén Act,” in honor of the late U.S. Army Specialist and survivors of military sexual violence. -KXAN (September 16, 2020)
The ‘I am Vanessa Guillen’ bill was presented to Congress Wednesday, but what does it mean for the future of military service members facing sexual harassment. -KHOU 11 (September 16, 2020)

Related Links:
Hearing: “The Military’s #MeToo Moment”
Rep. Speier, family of murdered soldier Vanessa Guillen on legislation in her honor
Lawmakers introduce the I Am Vanessa Guillen Act
Watch Live | #IAmVanessaGuillen Bill introduced in D.C.
Bill honoring Vanessa Guillen introduced in Washington D.C. Wednesday
Speaker Pelosi to reportedly bring ‘I am Vanessa Guillen’ Act to U.S. House floor for vote
Vanessa Guillén’s family members speak about the “I Am Vanessa Guillén Act”
What is the ‘I am Vanessa Guillen’ bill?

Family Wants Military to Help Marine Corporal Thae Ohu Cope with a Sex Assault, Instead She’s in the Navy Consolidated Brig in Virginia (July 13, 2020)

Thae Ohu USMC

Cpl. Thae Ohu, U.S. Marine Corps

Family wants military to help a Marine cope with a sex assault. Instead, she’s in a Chesapeake brig. (The Virginian-Pilot, July 13, 2020)

“In a letter to a U.S. senator in Arizona, [Thae] Ohu — a 26-year-old administrative specialist with the Marine Corps Intelligence Schools aboard Dam Neck Naval Base — said she’d been arrested for assault with a deadly weapon following a psychological break in April. In a separate letter, her boyfriend said he was the victim of the incident and that he believed the case should be dropped.”

“Ohu was seeking medical retirement earlier this year to get help for PTSD, but the Marines were seeking administrative separation, according to a memo from her defense attorney. That would cause her to lose medical benefits, the lawyer said.”

Petition: Sexual Assault, Retaliation, Injustice – http://chng.it/TDSqBJf7Pz

White House Petition: Release Marine Corporal & Military Sexual Assault Survivor Thae Ohu from Brig; Give Her Treatment & Justice She Deserves – https://petitions.whitehouse.gov/petition/release-marine-corporal-military-sexual-assault-survivor-thae-ohu-brig-give-her-treatment-justice-she-deserves

Facebook: Justice for Thae Ohu – http://www.facebook.com/justiceforthae

IG: @justiceforthaeohu

GoFundMe: Help Thae Ohu – https://www.gofundme.com/f/bpky2-help-thae-ohu

American Grit: “Thae is a proud Marine and courageous survivor of military sexual assault. For five years she has struggled with being a victim of sexual assault. Our family is devastated that the Marine Corps has chosen to place Thae in a military prison instead of giving her the medical treatment she so desperately needs. We are asking the Marine Corps simply to do the right thing: to immediately release Thae from jail, stop the unjust prosecution against her, and provide her with adequate mental health services. What she needs, and deserves, is treatment and support from a loving community of family and friends. We hope that the Marine Corps will honor its promise to protect victims of military sexual assault, like Thae, by standing by her when it matters the most. Questions related to the case should be directed to Thae’s civilian attorney, Mr. Gerald Healy, at gerry@mja.law.”

Thae Ohu Congress

Related Links:
Family wants military to help a Marine cope with a sex assault. Instead, she’s in a Chesapeake brig.
Family Wants Military to Help a Marine Cope with a Sex Assault; Instead, She’s in a Brig
This Marine’s family wanted the Corps to help her cope with a sexual assault. Instead, she’s in the brig
Thae Ohu and the mystery surrounding her incarceration
Marine Raped and Then Sent to Brig for Mental Breakdown
Thae Ohu: update from her family

MJFA on Social:
Facebook: http://www.facebook.com/militaryjusticeforall
Instagram: http://www.instagram.com/military_crime
Twitter: https://www.twitter.com/@military_crime
Email: militaryjusticeforall@gmail.com

Open Letter to House of Representatives in Support of an Independent Investigation of the Murder of Vanessa Guillen at Fort Hood (July 7, 2020)

Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present): https://wp.me/p3XTUi-5oF

Dear Rep. Jared Golden,

I write to you as a victim of crime in the military and as a military crime historian. I have researched the US military’s crime problems for the last 10 years and have documented as much as humanly possible on my Military Justice for All website. I have over 1000 cases of suspicious deaths, homicide and missing cases. Fort Hood has been problematic for years. I visited both Senator Collins and Senator King in DC to warn them about the problems at Fort Hood in December 2017 and to ask them for their help. It fell on deaf ears. Much like Vanessa Guillen, I too was afraid to report sexual harassment and sexual assault for fear of retaliation. I didn’t report until my supervisor in the Chain of Command attempted to force himself on me. Prior to this incident, I experienced daily sexual harassment and he would give me assignments that isolated me so he could do it with no witnesses.

Rep. Sylvia Garcia is asking that the DoD IG do an investigation of the circumstances that led up to the murder of Vanessa Guillen at Fort Hood. I am asking you to support her and all of our service members by adding your name to the list of representatives who support these efforts. Fort Hood leadership has failed time and time again and it’s due time that someone take a look at this problematic base. It’s a sad day when we lose 133 servicemembers stateside to violent crime, suicide, and training accidents compared to 2 combat deaths and 4 insider attacks overseas since 2016.

I also ask that you support legislation such as the Military Justice Improvement Act to give our service members a chance to report unsafe situations to an independent authority outside the Chain of Command. As long as service members are fearful of retaliation (which is very real and the reason I have compounded PTSD), we will continue to see high rates of PTSD, murder and suicide on military bases. According to authorities, Vanessa Guillen was murdered because she was planning on reporting someone she worked with for adultery, and this same individual may also have been sexually harassing her. It is unclear at this time who sexually harassed her but she told her family she was scared and feared reporting the sexual harassment to the Chain of Command because it wasn’t taken seriously and she feared retaliation.

Over the years, I have realized that most don’t realize what it’s like to be enlisted and this still rings true. Imagine how powerless we feel as lower enlisted when someone higher ranking than us can literally get away with crime because they are part of the reporting mechanism or they simply don’t care. While Congress sits on their hands, veterans are flocking to the VA to file PTSD claims and military families are grieving the loss of their loved ones whether it be by murder or suicide. I understand why someone might take their own life when they feel trapped and have no way out.

Please do the right thing and support Rep. Garcia, Rep. Speier and Senator Gillibrand.

Sincerely,

Air Force Veteran

Rep Sylvia Garcia

Find your Representative here.

Chair Jackie Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization (July 2, 2020)

Rep Speier NDAA.jpg

“Nearly two dozen major provisions offered by Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, were adopted during consideration of the annual defense policy bill by the Armed Services Committee this week.”

  • Authorize a System of Military Court Protective Orders: Allowing military judges and magistrates to issue court protective orders compliant with the Violence Against Women Act. The new judicial orders provide better protection and enforceability for servicemembers and family members experiencing intimate partner violence.
  • Initiate a Sexual Assault Prosecution Pilot Program at the Military Service Academies: A 4-year test of a new Chief Prosecutor would demonstrate whether assigning charging decisions for sexual assault and other special victims’ crimes to an independent expert outside of the chain of command would increase the willingness of survivors to report and the ability of the military justice system to hold perpetrators accountable.
  • Establish a Special Inspector General for Racial and Ethnic Disparities in the Armed Forces: A dedicated office to investigate underrepresentation of people of color among military officers and high-ranking enlisted servicemembers, racial disparities within the military justice system, and white supremacy among servicemembers.
  • Increase Representation of Women and People of Color in the Armed Services: The military would be required to establish specific goals to increase recruiting, accessions, and promotion of minorities and women, and to report to Congress on a plan to achieve these goals and their progress.
  • Address Bias by Anonymizing Candidates Before Military Promotion Boards: Redact all personally identifiable information, such as names and photographs, of servicemembers before promotion boards to remove the potential for conscious or unconscious bias.
  • Make Violent Extremism a Military Crime: A new article within the Uniform Code of Military Justice would bring greater consequences to servicemembers who perpetrate, plan, threaten, or conspire to commit violent acts with intent to intimidate or coerce a person or class of people, or the intent to impact government action or policy.
  • Track White Supremacy among Servicemembers: The military services would be required to improve tracking of white-supremacist and other extremist activity by servicemembers.
  • Establish a Military-Civilian Task Force on Domestic Violence: The task force would report to Congress with findings and recommendations to address intimate partner violence among servicemembers and military families, and DoD would be required to collect data on the prevalence of intimate partner violence.
  • Establish a Military-wide Safe-to-Report Policy: Clarify that servicemembers may report sexual assault without fear of being disciplined for related minor collateral misconduct such as drinking in the barracks.
  • Improve Coordination for Survivors of Sexual Trauma: Ensure a warm handoff for survivors when relocating between stations within the military or when separating from the military and transferring from service providers within DoD to resources within the Department of Veterans Affairs.
  • Improve Oversight of Military Sexual Assault Investigations: Require DoD to report to Congress all military sexual assault investigations that remain open more than 6 months along with the reasons for the delay.
  • Improve Oversight of Next Generation Body Armor: Require DoD to report on barriers to fielding next generation body armor that will provide better, gender-specific protection for military servicemembers.
  • Expand Child Care Options for Military Families: Address waiting lists, establish competitive pay for providers in high-cost areas, provide housing priority for military spouses that operate Family Care Centers, and expand the Financial Assistance Program to pay for in-home child care, such as by a nanny or au pair. Additionally, it requires 24-hour child care be provided on bases where servicemembers are required to work night shifts.
  • Improve Oversight of the Next Generation Interceptor Missile Defense Program: Require an independent cost estimate and two successful flight tests before buying.
  • Transparency of Contractor Ownership: Expand reporting requirements to identify the beneficial owner of contractors.
  • Strengthen Whistleblower Protections: Clarify that nondisclosure agreements do not prevent employees of government contractors and subcontractors from filing a whistleblower complaint.
  • Examine Equal Employment Opportunity: Require the Department of Defense to report on ways to improve the EEO process for DoD civilians.
  • Enact the Elijah Cummings Federal Employee Anti-Discrimination Act: Strengthen EEO protections and increase accountability for federal employees who are found to be responsible for discrimination.
  • Authorize Incentive Pay for Programming Proficiency: Develop a system to track coding language aptitude and proficiency by military servicemembers and DoD civilians and offer financial incentives for needed programming skills.
  • Investigate Suicide at Remote Military Installations: Require a Comptroller General report covering unique challenges of preventing suicide by military servicemembers and military family members at remote bases outside of the contiguous United States.
  • Examine Access to Contraception and Family Planning Education. Require DoD to issue a report on barriers experienced by servicemembers in accessing contraception and the status of implementation of new DoD requirements on reproductive health care, such as ensuring access to contraception for the full length of deployment.

Read more here.

Related Links:
Chair Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

Dear Vanessa Guillen… (June 30, 2020)

Vanessa Guillen

I will never forget you Vanessa Guillen. ❤️

Dear Vanessa,

My heart is heavy with the news we heard today and I still hold out hope that it’s not real. I don’t want to give up the hope that you are still out there and we will find you, as a dedicated, motivated team. So many people care about you. And a lot of people stepped forward and said yes, it happened to me too. The silence was finally broken and now we know for a fact that the same military justice system that failed us failed you too. My heart is broken. The writing was on the wall at Fort Hood. Prior to your disappearance, a team of people fought for you and all the other service members praying none of you would go missing or die whether by your own hand or someone else’s, both failures of leadership. The retaliation is real and we’ve been concerned that if we don’t deal with hazing, bullying, sexual assault and domestic violence appropriately then other more violent behavior would follow and it has.

Ten years of research and the creation of a website dedicated to military crime backs Vanessa up and all the other brave veterans who spoke up and shared their stories of heartbreak and betrayal. Although your safety has been of the utmost priority, we witnessed a shift because of you and because of what’s been going on at Fort Hood. I am so thankful you said something to your mother so everyone would know that sexual harassment is at the beginning of the continuum of harm and if not stopped only escalates. It’s like watching your future attacker plot when to make his move and you know it’s coming but there’s no way to escape. And then it’s too late. I’m not sure how I am going to sleep tonight but please know you are in my thoughts and I pray we can continue searching for you tomorrow and that what we learned is not true.

I was disappointed with the media today and how this was handled. I was especially disappointed with the headlines that purposefully made assumptions. I pray that justice will be served, that Fort Hood cleans up its act, and that your experience changes the entire military justice system. If this had been treated like the missing persons case it was, I may not be so angry knowing this is business as usual for the military. They replace us just as quickly as we disappear. The callousness and lack of regard for our fellow human, including murder victims, is sickening and heart breaking. Vanessa, please know how much you mean to me and so many other thousands of people. You are making a huge impact. Sending so much love and comfort to your family at this time, and anyone else who is struggling with today’s news.

Much love,

A Vet with MST
#IAmVanessaGuillen
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15 Movies and Documentaries That Expose the Broken Military Justice System

A Few Good Men (Sony Pictures):

Lt. Daniel Kaffee (Tom Cruise) is a military lawyer defending two U.S. Marines charged with killing a fellow Marine at the Guantanamo Bay Naval Base in Cuba. Although Kaffee is known for seeking plea bargains, a fellow lawyer, Lt. Cdr. JoAnne Galloway (Demi Moore), convinces him that the accused marines were most likely carrying out an order from a commanding officer. Kaffee takes a risk by calling Col. Nathan R. Jessep (Jack Nicholson) to the stand in an effort to uncover the conspiracy. -A Few Good Men, Sony Pictures Entertainment (December 9, 1992)

About | A Few Good Men | Sony Pictures Entertainment (Drama)

Soldier’s Girl (Showtime):

New Army recruit Barry Winchell is assigned to a base in Tennessee. One night out to a local bar hosting a drag show. Calpernia Addams an in-transition transsexual drag queen, fascinates Barry, and they strike up a relationship. -Soldier’s Girl, Showtime (January 20, 2003)

Showtime Entertainment Released ‘Soldier’s Girl’: Based on the True Story of the Murder of Fort Campbell Army Pfc. Barry Winchell

In the Valley of Elah (Warner Bros):

“In the Valley of Elah” tells the story of a war veteran (Tommy Lee Jones), his wife (Susan Sarandon) and the search for their son, a soldier who recently returned from Iraq but has mysteriously gone missing, and the police detective (Charlize Theron) who helps in the investigation. -Warner Bros. (September 14, 2007)

Warner Bros. Premiered ‘In the Valley of Elah’: Based on the True Story of the Murder of Fort Benning Army Spc. Richard T. Davis

The Tillman Story (The Weinstein Company):

Pat Tillman never thought of himself as a hero. His choice to leave a multimillion-dollar football contract and join the military wasn’t done for any reason other than he felt it was the right thing to do. The fact that the military manipulated his tragic death in the line of duty into a propaganda tool is unfathomable and thoroughly explored in Amir Bar-Lev’s riveting and enraging documentary. -The Tillman Story (August 20, 2010)

The NFL, the MilItary, and the Hijacking of Pat Tillman’s Story

The Wounded Platoon (Frontline PBS):

The Wounded Platoon

Since the Iraq War began, soldier arrests in the city of Colorado Springs have tripled. FRONTLINE tells the dark tale of the men of 3rd Platoon, Charlie Company, 1st battalion of the 506th infantry, and how the war followed them home. It is a story of heroism, grief, vicious combat, depression, drugs, alcohol and brutal murder; an investigation into the Army’s mental health services; and a powerful portrait of what multiple tours and post-traumatic stress are doing to a generation of young American soldiers. –The Wounded Platoon (May 18, 2010)

Frontline PBS: The Wounded Platoon Documentary [Full Episode]

On the Dark Side of Al Doura (Maverick Media):

U.S. Army Ranger John Needham, who was awarded two purple hearts and three medals for heroism, wrote to military authorities in 2007 reporting war crimes that he witnessed being committed by his own command and fellow soldiers in Al Doura, Iraq. His charges were supported by atrocity photos which, in the public interest, are now released in this video. John paid a terrible price for his opposition to these acts. His story is tragic. –On the Dark Side in Al Doura (2011)

On the Dark Side in Al Doura (Iraq): Documentary Gives You an Inside Look at Toxic Leadership in the U.S. Army

The Invisible War (Cinedigm):

The Invisible War is a groundbreaking investigative documentary about one of our country’s most shameful and best kept secrets: the epidemic of rape within our US military. Today, a female soldier in Iraq and Afghanistan is more likely to be raped by a fellow soldier than killed by enemy fire with the number of assaults in the last decade alone in the hundreds of thousands. -The Invisible War (June 22, 2012)

Military Rape Documentary Funded and Distributed by “Serial Predator” and Hollywood Movie Executive Harvey Weinstein

Women of War Documentary (Sundance Films):

Military Sexual Trauma or M.S.T. has been a fixture in the military for as long as human war has existed, and is still quite prevalent even in today’s modern military. This feature length documentary uncovers the origins and offers solutions to M.S.T. -Women of War Documentary (February 4, 2013)

Women of War Documentary, Phil Valentine [Full Episode]

The Frozen Ground (Grindstone):

“The Frozen Ground” is inspired by the incredible true story that follows Alaskan State Trooper Jack Halcombe (Nicolas Cage) as he sets out to end the murderous rampage of Robert Hansen (John Cusack), a serial killer who has gone unnoticed for 13 years. As the bodies of street girls start to pile up in Anchorage, fear strikes a chord with the public. -The Frozen Ground (August 23, 2013)

Serial Killer & Army Reserve Veteran Robert C. Hansen Died of Natural Causes While Serving Out a Life Sentence in Alaska State Prison

The Silent Truth (Midtown Films):

Ninety-four US military women in the military have died in Iraq or during Operation Iraqi Freedom (OIF). ‘The Silent Truth’ tells the story of one of these women, PFC LaVena Lynn Johnson, who was found dead on Balad Air Force Base in Iraq. The army claimed she shot herself with her own M16 rifle, but forensic evidence, obtained by the Johnson family through the Freedom of Information Act, brings the army’s findings into question. The Army refuses to re-open LaVena Johnson’s case, leaving the family in limbo. ‘The Silent Truth’ follows the Johnson’s pursuit of justice and truth for their daughter. -The Silent Truth Documentary (July 1, 2014)

‘The Silent Truth’ Documentary: The Rape, Murder & Military Cover-Up of Army Pfc. LaVena Johnson in Iraq

The Kill Team (PBS Independent Lens):

The Kill Team looks at the devastating moral tensions that tear at soldiers’ psyches through the lens of one highly personal and emotional story. Private Adam Winfield was a 21-year-old soldier in Afghanistan when he attempted with the help of his father to alert the military to heinous war crimes his platoon was committing. But Winfield’s pleas went unheeded. Left on his own and with threats to his life, Private Winfield was himself drawn into the moral abyss, forced to make a split-second decision that would change his life forever. -The Kill Team, (July 25, 2014)

The PBS Documentary ‘The Kill Team’ Reveals How the Military Justice System Operates in Response to Media Scandals

Gangs in the U.S. Army (A&E Television):

Sworn to protect us from every enemy, foreign and domestic, and every day the majority of soldiers do just that ! yet some units are being compromised and turn into street gangs. An FBI report recently showed an increased gang activity within US soldiers. -Gangs in the U.S. Army Documentary (2017)

Gangs in the Military: Armed and Dangerous Forces

The Kill Team (A24):

When a young US soldier in Afghanistan witnesses other recruits killing civilians under the direction of a sadistic sergeant, he begins to fear that the men he’s serving with might be the ones to kill him. -The Kill Team (October 25, 2019)

‘The Kill Team’ Movie Released: Based on the True Story of Army Whistleblower Adam Winfield

Leavenworth (STARZ):

Academy Award-winning filmmaker Steven Soderbergh and executive producers Paul Pawlowski and David Check tell the story of First Lieutenant Clint Lorance. Watch the Official Trailer for the upcoming STARZ Original Docuseries, Leavenworth, premiering October 20 on the STARZ App. (August 28, 2019)

STARZ Premiered ‘Leavenworth’: Docu-Series Examines Army 1st Lieutenant Clint Lorance Afghanistan ‘War Crimes’ Case

Ready for War (Showtime):

Andrew Renzi sheds light on the lives of three of the estimated thousands of immigrants who volunteer for service in the American military, yet find themselves deported from the US once their tours of duty are over. -Ready for War, Showtime (November 22, 2019)

The ultimate threat for deported U.S. veterans? Drug cartels, new documentary says

Timeline of Veteran Suicides, Legislative Efforts, and Nationwide Negligence at the Department of Veterans Affairs

Military Sexual Trauma – The New Face of PTSD (2007):

The Other PTSD – Sexual Abuse of Women in the Military -NBC Nightly News (May 4, 2007)

NBC Nightly News with Brian Williams Featured ‘The Other PTSD: Sexual Abuse of Women in the Military’ (May 4, 2007)

Joshua Omvig Veterans Suicide Prevention Act (2007):

The House debates the Joshua Omvig Veterans Suicide Prevention Act, which directs the VA to develop and implement a comprehensive program to reduce the incidence of suicide among veterans. The bill is named for an Iraq veteran who took his own life, and recognizes the special needs of veterans suffering from PTSD and elderly veterans who are at high risk for depression and experience high rates of suicide. -Rep Leonard Boswell (October 23, 2007)

President George W. Bush Signed the Joshua Omvig Veterans Suicide Prevention Act Into Law (November 5, 2007)

The Number One Problem Combat Vets Will Face is Mental Health (2007):

Paul Sullivan of Veterans for Common Sense tells Armen Keteyian that the No. 1 problem facing vets of Afghanistan and Iraq will be mental health. -CBS News (November 13, 2007)

Eye to Eye with Katie Couric on CBS News: Veterans and Suicide (November 13, 2007)

Veterans Who Get Help at VA Are Still at Risk of Suicide (2008):

CBS News first reported on the staggering number of veteran suicides in a report last year. Now, newly-released data shows that vets who get help from the VA are still at risk. -CBS (March 20, 2008)

CBS News: Veteran Suicides An Epidemic (March 20, 2008)

Seven Vets Under VA’s Care Died by Suicide in Washington (2008):

They served their country honorably but after risking their life in combat abroad, coping with coming home was too much. In the last three months seven servicemen being treated by Spokane’s VA Hospital have committed suicide. -4 News Now (April 29, 2008)

Army National Guardsman Spc. Timothy Juneman Died by Suicide; Family Shares Imminent Redeployment to Iraq ‘Major Stressor’ (March 5, 2008)

Senator Patty Murray Alleges VA Cover-up of Veteran Suicide (2008):

Despite recent efforts by the Veterans Administration to prevent veteran suicide, seven have committed suicide in the Inland Northwest in the last four months and US Senator Patty Murray is calling the situation unacceptable. -4 News Now (May 1, 2008)

Senator Patty Murray Calls for Changes at the Department of Veterans Affairs in Wake of Suicides (May 1, 2008)

“The Betrayal Issues Are Really Deep” (2009):

Katie Couric investigates an alarming trend in the U.S. military, as more and more female soldiers have come forward with tales of sexual abuse at the hands of male soldiers and superior officers. -CBS (March 17, 2009)

Sexual Assault Permeates U.S. Armed Forces (CBS News, March 17, 2009)

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Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

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Brian Lewis MJIA.jpg

You can listen to U.S. Navy veteran Brian Lewis’ March 13, 2013 testimony to the Senate Armed Services Subcommittee on Personnel here.

“Nearly 30 years ago, when George H. W. Bush was president and Dick Cheney was the secretary of defense, the Pentagon made a promise to our service members. Dozens of Navy and Marine Corps aviation officers had just been investigated for the infamous Tailhook sexual assault scandal, and America’s military leadership affirmed a “zero tolerance” policy toward sexual assault within their ranks. The military had a sexual assault problem, and pledged to solve it.

It’s painfully clear that the military has now failed at this mission by almost any metric. For years, survivor after survivor has told us the change in the system we needed to make to end this scourge — the same change that a number of our allies around the world have already made: take the adjudication of these crimes outside of the chain of command and allow trained military prosecutors to prosecute them.” Read more opinion at Military Times here.

“The Military Justice Improvement Act would take the prosecution of sexual assault and other serious crimes, such as murder, out of the chain of command. It would keep those crimes in the military justice system, but put the decision to prosecute them into the hands of actual military prosecutors who are trained to deal with complex legal issues.” –Senator Kirsten Gillbrand (Military Times, July 1, 2019)

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System  -Senator Kirsten Gillibrand (May 16, 2013)

Related Links:
Pass the Military Justice Improvement Act @SenGillibrand
S. 1789: Military Justice Improvement Act of 2019
S. 1789: Military Justice Improvement Act of 2019 [Full Text]
Comprehensive Resource Center for the Military Justice Improvement Act
Sens. Cruz, Gillibrand Reintroduce Military Justice Improvement Act
Udall, Heinrich Reintroduce Military Justice Improvement Act To Address Crisis Of Military Sexual Assault
Leahy Joins Gillibrand And Others To Reintroduce Military Justice Improvement Act
Hirono Wants To Change How The Military Prosecutes Sexual Assault
Senator Martha McSally’s Responsibility to Survivors of Military Sexual Assault
McSally defends keeping military commanders involved in sexual assault cases
Gillibrand: “Status Quo” Not Working With Military Sexual Assaults
Veterans for Peace: Sexual Assault on Military Members Press Conference, Seattle, Washington (August 11, 2006)
Jamie Leigh Jones Testified at the House Judiciary Committee Halliburton/KBR Iraq Rape Case Hearing (December 19, 2007)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)
Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)
Sexual Misconduct Allegations at Lackland AFB | C-SPAN (January 23, 2013)
Panetta Is Lifting Ban On Women In Combat Roles (NPR, January 23, 2013)
Sexual Assault in the Military, Part 1 | C-SPAN (March 13, 2013)
Sexual Assault in the Military, Part 2 | C-SPAN (March 13, 2013)
Gillibrand Leads Bipartisan Coalition to Reform Military Justice System [Full Video] | Senator Kirsten Gillibrand (May 16, 2013)
Gillibrand Builds Bipartisan Support for Change of Military Justice Code (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
The war in Congress over rape in the military, explained (June 8, 2016)
Sexual Assault in the Military | C-SPAN (March 6, 2019)
S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

DOD Releases Annual Report on Sexual Harassment & Violence at the Military Service Academies, Academic Program Year 2017-2018 (January 31, 2019)

Department of Defense“Today, the Department of Defense released the Annual Report on Sexual Harassment and Violence at the Military Service Academies, Academic Program Year 2017-2018…There were 117 reports of sexual assault received across all three academies. This is an increase of five from the prior academic program year, indicating confidence in response measures, however, surveyed measures of unwanted sexual contact and sexual harassment increased compared to rates last measured in 2016. There was also an overall increase in sexual harassment.” Read more here. -Department of Defense (January 31, 2019)

To view the full report, visit SAPR.mil.

Related Links:
DOD Releases Annual Report on Sexual Harassment & Violence at the Military Service Academies, Academic Program Year 2017-2018 (January 31, 2019)
Annual Report on Sexual Harassment and Violence at the Military Service Academies (MSAs) for Academic Program Year (APY) 2017-2018
USA Today publishes fake news story about sexual assault at the military academies | CAAFlog
Department of Defense Retaliation and Response Strategy (July 2017)
Fiscal Year 2017 Annual Report on Sexual Assault in the Military (April 2018)
Department of Defense Instruction 6495.02 | Sexual Assault Prevention and Response (SAPR) Program Procedures