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

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

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.

Related Links:
Sgt Amanda Ann “Mandy” Sheldon | Find a Grave
Grand Rapids soldier Sgt. Amanda Sheldon, 24, dies in N.C. hospital
Female soldier dies at Fayetteville hospital
Police, family say Belding area soldier took her own life
Soldier’s mom speaks out on suicide (YouTube)
Ada family of soldier who died off-base in North Carolina says death was not suspicious
The family of Sgt. Amanda Sheldon hopes her death may spark change
Army Sgt. Amanda Sheldon’s Mom Speaks Out on Suicide; Family Hopes to Inspire Military-Wide Change (October 14, 2010)
The Challenge and the Promise: Strengthening the Force, Preventing Suicide and Saving Lives (2011)
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Retired Marine Stephanie Schroeder Fights for Servicemember’s Rights at the United Nation’s Geneva Conventions (November 11, 2014)
Ali and Josh Hobson: Sexual Assault and Retaliation in the US Air Force (2015)
62 Percent of Military Sex Assault Reports Result in Retaliation (2015)
Highlights of Lt Col Teresa James, Army National Guard, Military Sexual Assault and Retaliation Case (2015)
Heath Phillips, Active Duty Military & Veterans Advocate, a Voice for Male Victims of Crime (2016)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members (2016)
What Happens When a Rape is Reported in the Military? (2017)
How do we stop the retaliation from happening so victims of crimes in the military feel safe to report? (2017)
Dignified transfer performed for Fort Carson soldier who died on post (2018)
Failing Private Burnham: How the Army Did Not Protect a Minnesota Soldier after a Sexual Assault (2018)
Tribute to a Fallen Soldier | Amanda Sheldon
In Loving Memory of Amanda Ann Sheldon | Facebook

Military Rape Survivor Army Sgt. Amanda Sheldon Died by Suicide After Suffering With Depression; Family Hopes Her Death May Spark Change (October 7, 2010)

Sgt Amanda Sheldon, US Army (2010)

Sgt. Amanda Sheldon, U.S. Army

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’s mom, Renee Orcatt, went public with Amanda’s story in an effort to raise awareness, change policy, and save lives. Renee told the local media that Amanda was a victim of rape in the military at the hands of a superior officer. Amanda reported the crime to the Army and informed them she had been drugged and raped. As a result, the suspect was criminally convicted and discharged from the Army. Initially, Amanda sought help from military counselors and the family reported that she was getting better, yet still struggled with depression. Amanda wanted to deal with it and move on to serve her country as she had originally intended to do.

Unfortunately, according to Renee, this wasn’t the last time Amanda would have to confront her past while serving in the Army. When Amanda was up for promotion, she was asked why she was going to counseling. She would go on to get her promotion, but this line of questioning was something she never wanted to experience again. After making the realization that her past and seeking help was not confidential, counseling was out of the question in her future if she wanted to preserve her career. Sgt. Sheldon felt judged for seeking treatment for military sexual trauma. Her mom reported that Amanda recognized she needed counseling again and was planning on getting out of the military. When she died, she was serving out her final year of enlistment, had plans to go to college, and wanted to start a new life outside the military, with her new love. But her unit got tasked with a deployment to Afghanistan and she set about making plans to go to Afghanistan with her unit before she was discharged from the Army.

Amanda would learn that in order to accomplish this, she would need to re-enlist for two more years. Amanda didn’t want to stay in for two more years and made the devastating decision to stay back. She felt like no matter what decision she made, she was letting someone down. Renee observed that Amanda never came to grips with this decision and entered into depression. Amanda’s mom begged her to get counseling but to Amanda that was no longer an option. 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 number of suicides in the military has increased.

Editor’s Note: 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. 

“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)

Source: Soldier’s Mom speaks out on suicide, WOOD TV8 (October 14, 2010)

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)

Related Links:
Sgt Amanda Ann “Mandy” Sheldon | Find a Grave
Grand Rapids soldier Sgt. Amanda Sheldon, 24, dies in N.C. hospital
Female soldier dies at Fayetteville hospital
Police, family say Belding area soldier took her own life
Soldier’s mom speaks out on suicide (YouTube)
Ada family of soldier who died off-base in North Carolina says death was not suspicious
The family of Sgt. Amanda Sheldon hopes her death may spark change
Army Sgt. Amanda Sheldon’s Mom Speaks Out on Suicide; Family Hopes to Inspire Military-Wide Change (October 14, 2010)
The Challenge and the Promise: Strengthening the Force, Preventing Suicide and Saving Lives (2011)
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Retired Marine Stephanie Schroeder Fights for Servicemember’s Rights at the United Nation’s Geneva Conventions (November 11, 2014)
Ali and Josh Hobson: Sexual Assault and Retaliation in the US Air Force (2015)
62 Percent of Military Sex Assault Reports Result in Retaliation (2015)
Highlights of Lt Col Teresa James, Army National Guard, Military Sexual Assault and Retaliation Case (2015)
Heath Phillips, Active Duty Military & Veterans Advocate, a Voice for Male Victims of Crime (2016)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members (2016)
What Happens When a Rape is Reported in the Military? (2017)
How do we stop the retaliation from happening so victims of crimes in the military feel safe to report? (2017)
Dignified transfer performed for Fort Carson soldier who died on post (2018)
Failing Private Burnham: How the Army Did Not Protect a Minnesota Soldier after a Sexual Assault (2018)
Tribute to a Fallen Soldier | Amanda Sheldon
In Loving Memory of Amanda Ann Sheldon | Facebook