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

Posted on March 24, 2021 by Administrator

SASC Sexual Assault in the Military Hearings (March 24, 2021)

Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military

“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:

Ms. Amy Braley Franck, Never Alone Advocacy

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.

A 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:

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)

Morgan Robinson, Army National Guard: “They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says

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)

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

Asia Graham, U.S. Army: New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation

Richard Halliday, U.S. Army: 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)

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)

Posted on January 26, 2018 by Administrator

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 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.

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.

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)

Retweet on Twitter in honor of Pvt. Nicole Burnham.

Photos of Nicole Burnham:

Nicole Burnham (photo: Pooters Peeps)

Pvt. Nicole Burnham, U.S. Army (Image: Alex Wentz)

Pooters Peeps (Facebook):

Image: Pooters Peeps on Facebook

Image: Pooters Peeps on Facebook

Army Sgt. Amanda Sheldon’s Mom Speaks Out on Suicide; Family Hopes to Inspire Military-Wide Change (October 14, 2010)

Posted on October 14, 2010 by Administrator

The family of Sgt. Amanda Sheldon hopes her death may spark change. The 2004 Belding graduate’s body will return to West Michigan on Thursday night, about one week after Sheldon took her own life while serving at a Fort Bragg, N.C., military base. -WOOD TV8 (October 14, 2010)

“Just like any other soldier, whether she died in combat or some other way, she’s still a fallen soldier. She served her country and she served it well.” -Renee Orcatt (Amanda Sheldon’s mom)

Army Sgt. Amanda Sheldon, 24, took her own life while stationed with the 82nd Airborne Division at Fort Bragg in North Carolina. Sgt. Sheldon was found unresponsive at her off-post home in Fayetteville and was pronounced dead at the local hospital on October 7, 2010. Sgt. Sheldon was attached to the 18th Fires Brigade, 82nd Airborne Division at Fort Bragg. She joined the Army in October 2005 and was assigned to Fort Bragg in February 2010. The family of Sgt. Amanda Sheldon hopes the circumstances surrounding her untimely death will spark military-wide change. In 2010, the Department of Defense was concerned about the increase in active duty suicides and since then the numbers have only increased. CNN reported the suicide rates among active-duty Marines and the Navy are at a 10-year high on January 28, 2019. Task and Purpose reported Army suicides reached a five-year high on January 31, 2019. Military.com reported Active-Duty military suicides are at Record Highs in 2018.

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Tag Archives: Nicole Burnham

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

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)

Army Sgt. Amanda Sheldon’s Mom Speaks Out on Suicide; Family Hopes to Inspire Military-Wide Change (October 14, 2010)