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)

Fort Hood Army Sgt. Elder Fernandes Found Deceased in Temple, Texas; Death Ruled Suicide by Dallas Medical Examiner (August 25, 2020)

Posted on August 25, 2020 by Administrator

Death of a Fort Hood Soldier: Sgt Elder Fernandes (August 26, 2020):

Sgt. Elder Fernandes, 23, whose home of record is listed as Brockton, Mass., was found [deceased] near Lake Polk in Temple. He entered the Army in September 2016 as a chemical, biological, radiological, and nuclear specialist and has been assigned to the 553rd Combat Sustainment Support Battalion (CSSB), 1st Sustainment Brigade, 1st Cavalry Division since April 2019. Fernandes’ awards and decorations include the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal and Army Service Ribbon.

Fernandes was last seen in Killeen on Aug 17. When he was reported absent on Aug. 18, Soldiers from his unit initiated a thorough search for him, both on and off post while cooperating with the Killeen Police Department and U.S. Army Criminal Investigation Command (CID) in an attempt to find him. The unit distributed his photograph, searched motorpools, parking lots, barracks, and headquarters buildings. Members of his unit visited local hotels and hospitals throughout Central Texas trying to find him as they expanded their search efforts.

The unit is cooperating with local authorities from the cities of Killeen and Temple as this incident remains under investigation. The Division will continue to support the Fernandes Family during this difficult time and requests everyone respects their privacy during this time of grief.

Senators Markey and Warren and Rep. Lynch Call for Review of Army Fort Hood to Include Case of Sergeant Elder Fernandes (September 4, 2020):

Massachusetts lawmakers write “evidence suggests that the Army failed to give him the proper support and care that he needed while serving at Fort Hood” Massachusetts (September 4, 2020) – U.S. Senators Edward J. Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Congressman Stephen F. Lynch (MA-01) today called on the independent review panel investigating the command climate and culture at U.S. Army Base Fort Hood, Texas to include the case of Army Sergeant Elder Fernandes in its review of the base. Sergeant Fernandes, a 23 year-old native of Brockton, Massachusetts who was assigned to the 1st Cavalry Division at Fort Hood, was found dead on August 25 after having gone missing on August 17. Shortly after he was reported missing, public reports revealed that in May of this year Sergeant Fernandes had reported a sexual assault allegation against a member of his chain of command and also became the target of bullying, hazing, and harassment. The Fort Hood independent review panel was created before Sgt. Fernandes’s disappearance, so the Massachusetts lawmakers are asking the panel to ensure it includes his case in the scope of their review and report.

In their letter, the lawmakers urged the Fort Hood panel to review the following issues:

The circumstances surrounding Sergeant Fernandes’s treatment by commanding officers and peers while serving at Fort Hood, including allegations of sexual assault, bullying, hazing, or harassment;
The adequacy of the investigation conducted by the Army of his reported sexual assault;
The circumstances surrounding his disappearance and death, including the Army’s coordination with local and state law enforcement in the search for him after he was reported missing, and;
The adequacy of Army’s coordination with and treatment of Sergeant Fernandes’s family, including but not limited to information-sharing during the search for Sergeant Fernandes and in the period after his body was discovered, and the release of his medical, service, and treatment records thereafter.

“Although an Army-led investigation remains ongoing into the cause and circumstances of Sergeant Fernandes’s death, the evidence suggests that the Army failed to give him the proper support and care that he needed while serving at Fort Hood,” write the lawmakers in the their letter. “As you conduct your independent, comprehensive review of Fort Hood, we urge you to consider the facts of Sergeant Fernandes’s case. We will do everything we can to ensure that Sergeant Fernandes receives the justice he deserves, that Army leaders are held accountable, and to prevent harm to any other soldiers at Fort Hood. We stand by, ready to assist in your review in any way possible, and we look forward to seeing your final report.”

A copy of the letter can be found HERE.

Senators Warren and Markey along with Senator John Cornyn (R-Tex.) today sent a bipartisan request to Senate Armed Services Committee Chairman Jim Inhofe (R-Ok.) and Ranking Member Jack Reed (D-R.I.) asking that the Committee hold a public hearing to probe the findings and recommendations of the independent review panel on the command climate and culture at U.S. Army Base Fort Hood, Texas.

Report of the Fort Hood Independent Review Committee (November 6, 2020)

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

In the News:

1st Cavalry Division attempting to Locate Sgt. Elder Fernandes

Public’s help wanted: Missing Fort Hood Soldier

1st Cavalry Division Committed to Finding Sgt. Elder Fernandes

Finding Sgt. Elder Fernandes safe remains the top priority of the 1st Cavalry Division

Death of a Fort Hood Soldier (Sgt Elder Fernandes)

Fort Hood officials to address the death of SGT Elder Fernandes

First Team holds press conference about Sgt. Elder Fernandes

Information About Sgt. Elder Fernandes | U.S. Army Fort Hood

Senators Markey and Warren and Rep. Lynch Call for Review of Army Fort Hood to Include Case of Sergeant Elder Fernandes (September 4, 2020)

YouTube:

Missing Fort Hood soldier part of open ‘abuse sexual contact’ investigation

Mother of missing Fort Hood soldier pleads for the public’s help to find him

Family of Sgt. Elder Fernandes met with Fort Hood officials Sunday

Family, friends of missing Fort Hood soldier Elder Fernandes post flyers and search around Killeen

Family has questions | The search for Fort Hood solder Elder Fernandes continues

Fort Hood Commander Maj. Gen. Scott Efflandt speaks on missing soldier Elder Fernandes

Fort Hood confirms death of Sgt. Elder Fernandes, says sexual assault allegations were ‘unsubstantiated’

Body Believed To Be Missing Fort Hood Soldier Elder Fernandes Found In Texas

Live: Fort Hood holds press conference on late Sgt. Elder Fernandes

Vigil held for Fort Hood soldier Elder Fernandes

Lynch: ‘Cancer or sickness’ at Fort Hood after local soldier’s death

Death of Sgt. Elder Fernandes shines spotlight on military suicide

Fort Hood soldier’s family doesn’t believe what Army told them about death of Sgt. Elder Fernandes (September 1, 2020)

Brockton family of Fort Hood soldier demands answers after he was found dead off base

Family Demands Justice After Fort Hood Soldier Found Dead

Family, Lawmakers Call For Investigation Into Death Of Fort Hood Soldier

Mother Of Soldier Who Died At Fort Hood Speaks Out About Loss

Stars and Stripes: Why is Fort Hood the Army’s Most Crime-Ridden Post? (August 21, 2020)

Posted on August 21, 2020 by Administrator

by Rose Thayer

Keeping Track

“In the last five years, 165 soldiers assigned to Fort Hood have died, according to the Fort Hood Public Affairs Office, which regularly released information on soldiers’ death until a 2018 decision to stop the practice. The post was an outlier in this level of transparency.

In those years, seven soldiers died by homicide, while six died in a combat zone. The deaths of 70 soldiers were ruled suicides, and on- and off-base accidents resulted in the deaths of 60 soldiers.”

(Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present) *we missed close to 25 deaths because Fort Hood stopped issuing press releases for the death of soldiers in early 2018)

Asking for a Solution

“Air Force veteran Jennifer Norris believes Fort Hood’s current situation has been years in the making.

For the past decade, Norris, a trained social worker with a master’s degree in public policy, has been tracking crimes committed by and against service members and advocating for reform. She posts her research on her website, Military Justice for All.

She first focused her research on several large military bases, but after noticing a trend of Fort Hood deaths, Norris narrowed her efforts to the Texas post.

‘I didn’t set up to go after Fort Hood at all. It’s a compilation of systematic issues,’ she said.

At the end of 2017, Norris used her own money to travel from her home in Maine to Washington to meet with lawmakers. By the time she got home, Norris said she thought everyone had moved on without intending to address the problems.

‘The other bases are nothing like Fort Hood is right now,’ she said. ‘I think the anomaly with Fort Hood is that its isolated and that it’s such an economic powerhouse in the community that it’s in everybody’s best interest to protect it so they can protect themselves.’”

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

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)

Posted on July 13, 2020 by Administrator

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.”

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)

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.

Dear Vanessa Guillen… (June 30, 2020)

Posted on June 30, 2020 by Administrator

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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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.

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

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Posted on July 1, 2019 by Administrator

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)

Kansas Army National Guard Veteran Zachary Schaffer Found Unresponsive in Kansas City Home; Death Ruled Fatal Drug Overdose (January 23, 2019)

Posted on January 23, 2019 by Administrator

Spc. Zachary Schaffer, Kansas Army National Guard

Kansas Army National Guard veteran Zachary Schaffer, 21, was found unresponsive in his Kansas City, Kansas home on January 23, 2019. According to the Dodge City Daily Globe, Zachary fatally overdosed only a few days after he was punished and discharged from the Kansas Army National Guard. According to his mother, Wendy Mottas, Zachary, or Zach, as he was known to most, was accused of failing to show up for multiple weekend drills and discharged with an “other than honorable.” In the midst of losing his military career and eventually his security clearance, Zach was flagged by his command for the prescribed use of Adderall to treat ADHD, even after he was reassured it was okay for him to take the prescription. Wendy doesn’t know if her son’s death was intentional, but stated Zach began suffering with depression and substance abuse during his time in service with the Kansas Army National Guard. Zach went from being a stellar soldier at the age of 19 to being hired as a full time military technician to losing that same position less than one year later for reasons undisclosed. Six months after being fired by the Kansas Army National Guard, he was also passed over for deployment to Afghanistan, having been told he was ‘red flagged’ for the use of Adderall. Six months later, Zach would also experience sadness and grief after losing his friend, 24 year-old Kansas Army National Guardsman Khamis Naser, who died by suicide on July 31, 2018.

Zach grew up in the Hutchinson, Kansas area and joined the Kansas Army National Guard in May 2014. Zach’s mother, also an Army veteran, said he was born in Germany when she was in the military. Zach came from a military family and it was a natural fit for him too. Wendy shared Zach was always intelligent and she knew he would be successful because he was very skilled in anything related to computers and coding. After Zach completed Army basic training and specialty training, he progressed quickly as a soldier and eventually got a full-time job with the Kansas Army National Guard at age 19. Zach was a federal military technician (Personnel Security Technician: GS-7) during the week and on Guard weekends, he was an Intelligence Analyst (E-4). Zach’s downward spiral began when he lost his full-time job as a federal technician and was made to feel incompetent by those who also originally built him up to be a great soldier with a bright future in the military. Zach’s mother does not know why Zach was fired during the probationary period, but she does suspect that Zach had information about other National Guard members whose misconduct were overlooked during routine background checks so they could maintain their security clearances.

Once Zach lost his full-time position, he went from being a professional soldier to not caring about anything anymore. He moved from his home in Topeka, Kansas to Lawrence, Kansas and became somewhat estranged from the family. Zach became secretive, fell in with the wrong crowd, stopped going to therapy and became reliant on self-medicating to take care of the pain of depression he was feeling. Realizing this lifestyle was not healthy, Zach moved back home to Junction City and tried to get his life together in early January 2018. After about three months of living at home, he discovered the Kansas Army National Guard unit in Junction City, Kansas was tasked with a deployment to Afghanistan, to which he inquired and expressed interest to the unit’s leadership. The leadership put him through mobilization procedures for nearly a month and then his deployment orders to Afghanistan were cancelled citing he had been flagged during the pre-deployment process for Adderall use. Zach was prescribed Adderall for the diagnosis ADHD and his mother states he was prescribed the drug due to a struggle with concentration and focus. Once Zach was flagged, someone made the decision to prevent him from deploying to Afghanistan and his mother does not know if his National Guard unit influenced the decision at that time or not.

Zach was looking forward to the deployment. Instead his orders to Afghanistan were cancelled and it was then Zach started meeting regularly with mental health personnel for depression. It is unknown what Zach may have shared with health care professionals, but his family realized something changed in Zach’s life. Shortly after, Zach moved from Junction City to Kansas City with a friend with which his family was not familiar. He remained distant from his family and friends. Worse yet, the same military officer (O-4) who made the decision to fire Zachary from his full-time military technician position also influenced National Guard unit leadership to end Zach’s military career in its entirety. Leadership observed the changes in Zach’s attendance and behavior. Instead of helping him, they used it to revoke his security clearance knowing he needed a security clearance for his job as an intelligence specialist in the National Guard and his full-time job with the Marine Corps. During this time, the only thing done to assist Zach or try to get to the root of the issues he was having was to refer him to the unit’s social work office. At some point, this social worker was told to ‘stand down’ and allow the unit’s part-time civilian social worker to take care of his issues. To his mother’s knowledge, this individual never contacted Zach to offer support and he was never offered any type of assistance including participation in the Army Substance Abuse Program.

In early July 2018, Zach contacted his mom and stated he wanted to go to an inpatient rehabilitation program. He self-admitted to the substance abuse program to help him stop his drug dependency and get his life back on track. The day after Zach left the rehabilitation program and returned to Kansas City, he learned his best friend and fellow National Guardsman, Khamis Naser, had died by suicide. Zach told his mother he had talked to Khamis only five hours before he was found dead in his apartment. Zach attended the August 2018 drill weekend and his mother said he told her he was met with disdain from his leadership. Zach’s mother states she has text messages from her son indicating the NCOs in his unit were bullying him. Zach told her they said his best friend would still be alive if he ‘wouldn’t have been high’ and ‘would’ve been there for him’ (Khamis). After Zach was blamed for the death of his friend, he got in a physical confrontation with one of his NCOs. During another drill weekend, word got around the unit that leadership wanted to ‘get rid of that “shitbag”’ (referring to Zach) because he made the unit ‘look bad.’ Despite the ill treatment by the Kansas Army National Guard, Zach picked himself up and got a new job as a civilian contractor for the Marine Corps in Kansas City at age 21. Unfortunately, a short time after he got the job, he was terminated when he learned the National Guard had suspended his security clearance. At this point, Zach had no income, including from his drill weekends, due to a status discrepancy. Zach was still considered in ‘active duty’ status because of the deployment orders to Afghanistan and no one in his military leadership would assist him to get transferred back to his original unit. His mother states he discussed this with someone at his unit who agreed with him — why bother going to weekend drill if he was getting bullied and not receiving any pay? He stopped attending drill after September of 2018 and once again became estranged from his family. He would never return to the National Guard.

According to the Kansas Adjutant General’s Department, the Kansas Army National Guard suicide prevention program is “based on the premise that suicide prevention will be accomplished through the positive action of unit leaders and implementation of command policy. The key to the prevention of suicide is positive leadership and honest concern by supervisors for military personnel who are at risk of suicide and appropriate intervention for all such personnel.” Khamis Naser died by suicide in July 2018 and six months later in January 2019, Zach Schaffer died of a fatal drug overdose. How did the Kansas Army National Guard’s suicide prevention program help Khamis and Zach? Although we don’t know why Khamis Naser chose to die by suicide, we do know he was a current member of the Kansas Army National Guard. One would think losing a fellow comrade would initiate a more proactive suicide prevention approach yet instead we learn the very people tasked with a “positive and honest concern by supervisors” for military personnel at risk of suicide and appropriate intervention was not implemented in the last couple of years. Zach was a soldier dealing with the loss of his full-time job, grief from the loss of his friend, the loss of his military career, and the loss of his security clearance. Military leadership knew Zach was not well and they knew he was a risk to himself.

The top 10 most stressful life events include death of a loved one, separation, starting a new job, workplace stressors, financial problems, and chronic illness/injury. Zach’s mom shares he was dealing with six out of ten of those stressful life events at the age of 21. Wendy wonders why the military wouldn’t be especially cognizant of the fact they are molding young kids into warriors at a very impressionable time in life. At a time when young adults need guidance most, instead in the military environment, they are forced to deal with additional stressors, caused by military leadership in Zach’s case. Why would the same organization at the root of the cause of the downward spiral of young lives be interested in also pretending to care about suicide prevention of those same personnel? The moment Zach was let go from his full-time job was the moment he started to struggle. Why did he get let go? Why did it contribute to a need to use drugs to self-medicate? And one can only imagine the kind of grief Zach experienced after losing a close friend in such a tragic way. Did anyone refer Khamis or Zachary to mental health programs or the Department of Veterans Affairs?

It appears Zach’s source of pain or original stressor began when he lost his full-time federal military technician position as a Personnel Security Technician. After Zach lost Khamis, another high-paying job and his military career, his downward spiraled accelerated. Zach was dead less than six months after his friend passed. How can the National Guard implement a suicide prevention program when they are the suspected cause of the unit members’ downward spiral? Why did the National Guard choose to characterize ADHD treatment as a ‘mental health risk’? The prescription was used to assist with concentration and focus. Why would Adderall negatively impact a deployment when it is a fact the active duty deploy personnel on all kinds of prescribed medications? Why not help Zach transfer from Active Duty status back to his National Guard unit so he would be paid for drill weekends? How did Zach go from successfully holding great positions of responsibility within the unit to losing his entire military career? Why did they give Zach an ‘other than honorable’ discharge knowing it will negatively impact the rest of one’s working life, never mind the impact losing a security clearance has on anyone’s future financial security. Why did Zach have to lose everything? How does that help his mental health?

Wendy Mottas told the Dodge City Daily Globe that there is a stigma to be tough in the military. And this was confirmed the day the National Guard decided Zach was a “mental health risk” because he had a prescription for ADHD he wasn’t even currently taking. Each Commander has the ultimate say on whether or not an individual can still perform despite taking medication. The prescription was for concentration and focus and not something that had to be a military career ender. Wendy said her son could have used extra support following Khamis’s death and that she would like to see mental health be taken more seriously by the Kansas Army National Guard. While she realizes there were many factor’s influencing Zach’s death, she doesn’t understand why the National Guard wouldn’t offer to help him like so many soldiers with substance abuse are assisted. In Zachary’s case it appears leadership actively contributed to the decline of Zach’s mental health. Who at the Kansas Army National Guard would offer help to Zach after the chain of command (supervisors and leadership) decides a soldier is a “shitbag”? How does the Kansas Army National Guard implement a command driven suicide prevention program when they are the same leadership contributing to a downward spiral? How can the same people tasked with punishing their personnel with a heavy hand simultaneously help prevent a suicide or untimely death of young soldiers? At the very least, in this situation, the National Guard needs to upgrade this soldier’s other than honorable discharge to honorable to make this right for Zach and his family. It’s one thing to let someone go, it’s an entirely different thing when a person’s life and future is destroyed.

“The military still has to take some responsibility for this, I think, and I think more could have been done to be preventative and be proactive instead of reactive. They have a responsibility to these young men and women. It’s not to live their lives for them or to be mommy or daddy or anything like that, but the soldiers still have to live by the army creed, and in order to do that, they have a role in that.” -Wendy Mottas (quote in Dodge City Daily Globe)

Source: Wendy Mottas (Zachary Schaffer’s mother)

Fear Thy Neighbor Premiered ‘Mistress of Death’ on ID: Linda Cowan Convinced Son Vinson Thomas-Ward Cowan to Kill Woman Next Door (July 7, 2018)

Posted on July 7, 2018 by Administrator

ID Go: Two women living next to each other since childhood descend into bitter conflict when the ex husband of one starts seeing the other. Add property issues to this toxic mix and the result is an act of shocking violence that engulfs all. -Mistress of Death, Fear Thy Neighbor (Investigation Discovery: S5, E6)

On December 18, 2009, Army veteran Vinson Thomas-Ward Cowan shot at and injured his neighbor Christie Jackson in Burnet, Texas. Christie Jackson and Vinson’s mother, Linda Cowan, were engaged in a bitter three month feud between neighbors after Christie’s estranged husband Rudy started dating Linda. What started out as a disagreement between neighbors ended in someone getting shot. It is believed that Linda Cowan enlisted the help of her son Vinson to shoot and kill Christie Jackson and he obliged because he was protective of his mother. Vinson followed through and indeed shot Christie in the head through the window of her own home. Miraculously, despite the severe head wound, Christie lived, but will forever be affected by the ordeal. On the night in question, Christie was sleeping with both her daughters who also are forever changed by the experience.

One of Vinson’s friends, Thomas Pierson, who was aware of the plan to shoot Christie and be a look-out that night, informed the police of Linda and Vinson’s plans to shoot Christie in retaliation for all the trouble she caused her. The bottom line was Linda wanted Christie out of the picture. Linda Cowan was jealous that Rudy continued to see Christie and their children and angry because she assumed Christie called the City of Burnet to complain about her septic issues. Linda wanted revenge and she wanted to date Rudy despite his intentions to continue seeing Christie. In 2013, Linda Cowan was sentenced to fifteen years in prison for second-degree felony of aggravated assault with a deadly weapon. And Vinson Thomas-Ward plead guilty to ten years in prison for second-degree felony of aggravated assault with a deadly weapon. Christie’s mother sold the family home in Burnet.

Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.

MILITARY JUSTICE FOR ALL

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