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

Posted on July 7, 2020 by Administrator

http://www.findvanessaguillen.com

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

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)

Posted on July 2, 2020 by Administrator

“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.

Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

Posted on July 2, 2020 by Administrator

Find contact information and how your Senators voted here.

Contact the SASC & HASC Members here.

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

“U.S. Sens. Kirsten Gillibrand (D-N.Y.), Chuck Grassley (R-Iowa) and I recently announced that we will offer the bipartisan Military Justice Improvement Act as an amendment to this year’s National Defense Authorization Act. The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes by moving the decision over whether to prosecute them to independent, trained, professional military prosecutors.

Despite years of Congressional reforms, thousands of service members are raped and sexually assaulted every year. In many of those cases, the assailant is someone in the survivor’s own chain of command. Only a small fraction of the perpetrators are ever held accountable for their violent crimes. Last year, the Department of Defense announced a record number of sexual assaults reported by or against service members, and yet, less than 10 percent of cases considered for command action ever proceeded to trial. Worse yet, despite repeated efforts to stamp out the scourge of retaliation against military sexual assault survivors, the most recent Pentagon survey found that 64 percent of survivors say they have experienced some form of retaliation for reporting the crime. That figure is statistically unchanged from 2016.”

Rep. Seth Moulton Introduces The Brandon Act to Change DoD Mental Health Policy, Pay Tribute to Fallen Navy Sailor Brandon Caserta (June 25, 2020)

Posted on June 25, 2020 by Administrator

Representative Seth Moulton Press Release

The bill named in Caserta’s honor would create “Brandon Act” reporting, making it easier for service members to seek mental health care anonymously

PO3 Brandon Caserta, U.S. Navy

WASHINGTON — Today, Representative Seth Moulton (D-MA) and Teri and Patrick Caserta, parents of fallen United States Navy Petty Officer Third Class Brandon Caserta, announced the introduction of The Brandon Act.

The bill would allow service members to anonymously report and seek mental health treatment by using a safe word like “Brandon Act.” It is designed to protect service members who experience mental health emergencies that result from hazing, bullying, or any other issue. It would allow them to seek help anonymously and, if necessary, outside of the chain of command. The bill’s introduction comes on the second anniversary of Brandon Caserta’s death from suicide, which he said was prompted by bullying and hazing within his unit.

“Brandon had a smile that made everyone want to smile. He was a very charismatic and upbeat young man. He made everyone’s day better no matter what they were going through. Brandon has always helped everyone he could. The Brandon Act would do this for his fellow service members in his death,” Teri and Patrick Caserta said, “Brandon did not die in vain and his legacy for helping others will continue long after his death when The Brandon Act is passed.”

Rep. Seth Moulton said: “Brandon tragically lost his life because he wasn’t able to get support for his mental health—something we should provide every American, especially every American hero in uniform. This bill will ensure our service members can get help and have no fear of retaliation for doing so, as it’s the right thing to do. Although we’ll never get Brandon back, his legacy will be the lives of many more great Americans he saves through this bill, and I’m proud of his parents who have fought so hard to tell his story and make this change.”

Brandon Caserta died by suicide on June 25, 2018 on the flight line at Naval Air Station Norfolk, Virginia. After his death, his parents and friends discovered six notes in which Brandon attributed his suicide to persistent hazing and bullying from some members and leaders of his Navy helicopter squadron.

The Brandon Act expands the existing law that regulates how service members are referred for mental health evaluations, in order to provide a confidential channel for service members to self-report mental health issues. The process would protect the anonymity of service members, similar to the restricted reporting option that protects victims of sexual assault.

Moulton made expanding mental health care and breaking the stigma around seeking help a top priority since disclosing last year that he is managing post traumatic stress from his service in Iraq as a United States Marine. In addition to The Brandon Act, Moulton has secured mandatory mental health check ups for service members who saw combat within 21 days of leaving the battlefield in the FY20 National Defense Authorization Act.

He also co-introduced, with fellow veteran Rep. Chris Stewart (R-UT), the National Suicide Hotline Designation Act, which would make 9-8-8 the national number for mental health emergencies. The bill has passed in the Senate, and is one step away from a vote on the House floor. Yesterday, the FCC announced that it would issue a final rule on the designation of 9-8-8 as the national suicide prevention hotline in mid-July.

A copy of The Brandon Act is available for download here.

A legislative summary for The Brandon Act is available for download here.

Read more from the original source on Rep. Seth Moulton’s website here.

Rep. Mike Turner Says New Military Legislation Closes a Loophole & Includes Domestic Violence Victims in the Expedited Transfer Policy Law (May 1, 2018)

Posted on May 1, 2018 by Administrator

Law protecting military victims of sexual assault discussed. -WDTN-TV (May 1, 2018)

“In civilian life you have complete control of your movements, and if you’re in an unsafe situation you can remove yourself. In military life, the victim needs permission to take even basic self-preservation actions.” (Rep. Mike Turner, December 25, 2011)

“It’s been almost ten years since that law for expedited transfers on base for sexual assault victims was changed. But today Congressman Turner and Mary Lauterbach both say there’s still more work to be done. Now backtracking to 2007 when Maria Lauterbach reported her sexual assault, the Vandalia Marine requested a base transfer and it was denied, leaving her in close proximity to her assaulter. Since her death, her mother has worked with Turner to get that law changed where victims can now seek that expedited transfer…Today, Turner’s saying even with that law passed those who report sexual assault in context of domestic violence have not been permitted expedited transfer, bringing forth the persist against Military Sexual Trauma Act. ‘We have drawn legislation that would close that loophole and make certain that those who are subject to domestic violence also have the ability, as victims of sexual assault, to seek the expedited transfer’ (Rep. Mike Turner). This will be included in the National Defense Authorization Act (NDAA) which will pass the House of Representatives next week.” –WDTN-TV (May 1, 2018)

In the News:

Critics say the military needs to do more about domestic violence against women. A CBS News investigation found more than 25,000 women have been victimized over the past decade. -CBS Evening News (January 28, 2009)

Rep. Bruce Braley introduces the Holley Lynn James Act — a bill to help victims of sexual assault and domestic violence in the military get justice. The bill is named after Holley Lynn James, a constituent of Rep. Braley who was killed by her husband while both were in the service. -[Former] Representative Bruce Braley (April 12, 2011)

The man found dead in Germantown is ID’s as Adam Anthony Arndt; teen ID’d as Michelle Miller. -ABC 7 WJLA (April 8, 2013)

New provisions handed down from the Department of Defense are giving sexual assault victims in the military rights they never had before. It’s all thanks to the fight from Congressman Mike Turner and a local mother Mary Lauterbach. The provisions make certain that a victim has legal counsel throughout the whole process so they understand what their legal rights are and how to protect themselves. The provisions also remove the accused from the situation and not the victim. -WKEF/WRGT (August 15, 2013)

A major hurdle cleared for sexual assault victims in the military. Congress passed a bill that would give victims rights and protection they never had before. The push came after the tragic murder of local marine Maria Lauterbach and her unborn son. Congress approved a bill that would give military sexual assault victims legal counsel and criminalize retaliation against any victim. “If Maria had had this, she would be alive today, it’s very important.” The bill now heads to President Barack Obama for his signature. -WKEF/WRGT (December 20, 2013)

Morris’ death in 2012 was ruled a suicide. -WMAR-2 News (August 10, 2015)

First Class Private Shadow McClaine’s body was discovered earlier this week and investigators arrested two fellow soldiers. -CBS Sacramento (January 28, 2017)

The family learned Kamisha Block was shot and killed while serving in Iraq. The Department of Defense told the Block family Kamisha was shot in the chest by friendly fire. It would take the family a grueling six months to learn the truth. The petition to ask for a congressional hearing set up by Shonta on change.org says: “I am begging for justice. I want the army to be held accountable.” -12 News Now (February 12, 2019)

A Marine colonel’s wife mourns her husband’s death in the Iraq war. Authorities said it was suicide, but she said he was murdered. -CBS News (March 29, 2019)

As Terri Caserta entered her son’s bedroom in their Peoria home, she broke down. It’s an emotion that Terri and her husband Patrick Caserta will always carry with them. Their son Brandon was in the United States Navy from 2015 to 2018. However, at just 21, Brandon would take his own life. -ABC 15 Arizona (June 14, 2019)

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

Featured

Posted on October 21, 2016 by Administrator

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

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

UPDATE: Moulton Introduces Brandon Act to Change DoD Mental Health Policy, Pay Tribute to Fallen Navy Sailor Brandon Caserta (June 25, 2020) *this could be the pathway to the request for an expedited transfer, their lives are more important than anything

Navy Sailor Brandon Caserta Died by Suicide at Naval Station Norfolk in 2018; Family Pushing for Suicide Prevention Legislation ‘The Brandon Act’ Focusing on Hazing & Bullying (2020)

Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq in 2007; Family Requests Congressional Hearings & Investigation of Military Leadership (2020)

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

15 Active Duty Cases That Beg for Prevention Efforts, Military Justice Reform, and the End of the Feres Doctrine

Continue reading →

Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)

Posted on December 25, 2011 by Administrator

LCpl. Maria Lauterbach, U.S. Marine Corps

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

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

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

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

In the News:

Law protecting military victims of sexual assault discussed. -WDTN-TV (May 1, 2018)

Key changes in military policy

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

MILITARY JUSTICE FOR ALL

No affiliation with the Department of Defense or any of the Armed Forces.

Tag Archives: NDAA