Is the chain of command interfering with justice in military sexual assault cases?

Kirsten Gillibrand

Is the chain of command interfering with justice in military sexual assault cases?

In the military, the chain of command is the foundation of discipline and order, but in recent months, legislators and many members of the military have become concerned that it’s become an obstacle to prosecuting claims of sexual harassment and sexual assault. Opponents of the current system think it intimidates victims from bringing claims to senior officers, while proponents see the military’s system as more than adequate in ensuring a fair process.

New York Senator Kirsten Gillibrand has been building support for her proposed legislation which would remove commanding officers from being the final arbiter of sexual harassment and assault cases, but opponents argue that the current system insures trials that are fair and balanced.

How important is preserving the chain of command? And should sexual assault cases be held to different criteria in military courts?

Listen here: http://www.scpr.org/programs/airtalk/2013/09/23/33845/is-the-chain-of-command-interfering-with-justice-i/

Fear of retaliation: The culture that prevents airmen from speaking up

USAF SealFear of retaliation: The culture that prevents airmen from speaking up

They accused superiors of assault and harassment, now their careers are over.

Victims “tell me they don’t come forward for a number of reasons. They feel personally ashamed. They feel that they may be blamed for what has happened. They do fear retaliation, sometimes from chain of command, sometimes from their buddies in the unit.”

Read more: http://www.airforcetimes.com/article/20131007/NEWS/310070009/Fear-of-retaliation-The-culture-that-prevents-airmen-from-speaking-up

Why do we need the Military Justice Improvement Act?

Retaliation

Because more than 86% of service members assaulted do NOT report it. Help us pass the MJIA. Contact your
Senators and Representatives and ask them to reform the military justice system and provide victims with a new place to report their crimes. Please sign this petition: http://www.change.org/petitions/u-s-congress-demand-justice-for-military-sexual-trauma-victims-support-s-967?utm_source=supporter_message&utm_medium=email&utm_campaign=petition_message_notice

NBC Bay Area: California Guard Tries to Serve Firing Papers to Member After Suicide Attempt (June 25, 2013)

Air National Guard SealThe California National Guard tried to serve termination papers to one of its members in the hospital just hours after a suicide attempt last month, the Investigative Unit has learned.

Those close to Jessica Brown, a master sergeant with Moffett Field’s 129th Rescue Wing, say they believe the move is retaliation for exposing what has been described as a toxic culture inside the Guard. Last November in front of NBC Bay Area cameras, Brown criticized her leaders for failing to properly handle a sexual assault she says happened to her while on duty in Las Vegas.

“To me, it felt like it would be better if I was dead,” Brown said in the November interview. “I didn’t want to do it, but I couldn’t handle it anymore. I wasn’t sleeping again, and when I did sleep the nightmares were so bad.” -NBC Bay Area

See NBC Bay Area video here.

Related Links:
NBC Bay Area: California National Guard Culture Questioned (November 14, 2012)
NBC Bay Area | Military Women: We Got Fired for Being Raped (August 21, 2014)
NBC Bay Area: California National Guard Military Sexual Assault Bill Becomes Law (August 21, 2014)

Rape victim: Retaliation prevalent in military

Stacey Thompson
Stacey Thompson, US Marine Corps

SAN DIEGO (AP) — Stacey Thompson had just been stationed at a Marine Corps base in Japan when she said her sergeant laced her drinks with drugs, raped her in his barracks and then dumped her onto a street outside a nightclub at 4 a.m.  The 19-year-old lance corporal was not afraid to speak up.

She reported it to her superiors but little happened. She said she discovered her perpetrator was allowed to leave the Marine Corps and she found herself, instead, at the center of a separate investigation for drug use stemming from that night. Six months later, she was kicked out with an other-than-honorable discharge — one step below honorable discharge — which means she lost her benefits.

Read more here.

Senator Kirsten Gillibrand Leads Bipartisan Coalition to Reform the Military Justice System: Introduced the Military Justice Improvement Act (2013)

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System
Senator Susan Collins Leads Effort to Reform Military Justice System to Address Sexual Assaults

Washington D.C. – During a news conference today, U.S. Senators Susan Collins and Kirsten Gillibrand (D-NY), along with a bipartisan group of their colleagues in the Senate and House, announced new legislation that would reform the military justice system by removing the prosecution of all crimes punishable by one year or more in confinement from the chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. 

Senators Collins and Gillibrand were joined by survivors of sexual assault in the military, including Jennifer Norris of Maine, and by representatives from organizations who assist victims of Military Sexual Trauma. The Military Justice Improvement Act would for the first time remove the decision whether to take a case to special or general court-martial completely out of the chain of command and give that discretion to experienced military prosecutors for all crimes punishable by one year or more in confinement, except crimes that are uniquely military in nature, such as disobeying orders or going AWOL. 

“To be sure, the vast, overwhelming majority of our military personnel are honorable, conscientious, and respectful individuals, not rapists or harassers. It is for their sake that the pattern of covering up, blaming the victim, and failing to provide even the most basic protections that has been all too common for far too long must end,” said Senator Collins. “What does it say about us as a people, as the nation, as the foremost military in the world when some of our service members have more to fear from their fellow soldiers than from the enemy? This epidemic of sexual abuse cannot stand. We must ensure that justice is swift and certain to the criminals who have perpetuated these crimes.”

Gillibrand Leads Bipartisan Coalition to Reform Military Justice System (Full Video)

With tears streaming down her face, Jennifer Norris, a former Technical Sergeant in the Air Force, describes her harrowing experience with sexual assault and the difficulty she had in seeking justice within the military chain of command, saying, “The system is rigged against the victims” and in favor of the “often higher-ranking perpetrators.” [VIDEO]

Norris, who did not serve in Hawaii, said she’d been reluctant to report the rape because, “in the Air Force, I witnessed first hand what happens to those who stepped forward to report their assaults. I did not want to be stigmatized for reporting my assault — as I tried to move forward with my career. Instead, the best option for me was to try and endure it, to suck it up and try and make it until I could get transferred somewhere else — only to have it happen over and over again, like a recurring nightmare.”

She never did get justice, she said, even when she did come forward. “My perpetrators were allowed to resign in lieu of Administrative Hearings, which would have become a matter of public record. My command never offered the chance to proceed with a court martial.”

She said, “If the chain of command had been removed from handling sexual assault cases before I was attacked I believe justice would have been served or perhaps it would have been prevented in the first place.”

-Jennifer Norris (Civil Beat, May 16, 2013)

Gillibrand: “I’m Distressed That The Victims’ Voices Aren’t Being Heard In This Debate

Gillibrand: “I’m Distressed That The Victims’ Voices Aren’t Being Heard In This Debate

Related Links:
Sexual assault victim: “The system is rigged”
‘A Place to Begin’ by Jennifer Norris, USAF Retired [Video]
Air National Guard Recruiter Drugs and Rapes New Recruit (1996)
Sexual Assault and Abuse of Authority at Keesler Air Force Base (1997)
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
House Armed Services Committee Initiatives Regarding Military Sexual Assault (2011)
Combat Military Rape, Jackie Speier Introduces Legislation and Campaign (2011)
Air Force TSgt. Jennifer Norris Testified Before the HASC in Washington DC (2013)
Defense Department Rescinds Direct Combat Exclusion Rule; Services to Expand Integration of Women into Previously Restricted Occupations and Units (January 24, 2013)
Pentagon battling military rape “epidemic” (2013) – CBS News
Now That Women Are Cleared For Combat, How About A Rape-Free Workplace? (2013)
Senator Collins Leads Bipartisan, Bicameral Effort To Reform Military Justice System (2013)
Military sexual assault victim Jennifer Norris discusses new bill – Democrat & Chronicle
Bill would take sexual assault cases out of commanders’ hands – Democrat & Chronicle
Legislation Aims to Strengthen Prosecution of Sexual Assaults in Military
Senators Lead Push To Change Military’s Sexual Assault Policy – NPR
Senators Lead Push To Change Military’s Sexual Assault Policy – NPR
Bill attacks ‘epidemic’ of military sex assaults – Portland Press Herald
Hawaii Delegation Backs Reforms Against Military Sexual Assaults
Changes proposed as military struggles with sex assaults
Military cracks down on rampant sexual abuse – CBS News
Obama, lawmakers tackle military sexual assault – The State
Gillibrand Builds Bipartisan Support for Change of Military Justice Code (UPDATED)
US Military Officials Call Sex Abuse In Ranks Serious Problem
The Deep Cultural Roots of Military Sex Abuse – CT Mirror
Military sex assault victims get aspirin: Our view – USA Today Editorial Board
Sexual assault victims say military’s promises of reform don’t go far enough
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Senator Collins speaks in support of efforts to address military sexual assault (March 7, 2014)
Gillibrand turns empathy into political stock in trade (Poughkeepsie Journal)
The Modus Operandi of Social Justice Warriors (2016)
Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)
Trends in Active-Duty Military Deaths Since 2006 | Congressional Research Service (2020)
“Veteran Advocates” Use Defamatory Newspaper Article & the Small Town Cops Who Created the Narrative to Bounce Medically Retired Service Members Out of the Advocacy Game (2024)
Military Injustice: Nowhere to Turn, Nowhere to Run, Nowhere to Hide; The Story of Kamisha Block and How U.S. Army Leadership Contributed to Her Death

CBS News: Military cracks down on rampant sexual abuse

Jennifer NorrisCBS News: Former Air Force Sgt. Jennifer Norris, a rape victim, said, “Blaming a civilian hook-up culture for the epidemic does nothing but contribute to victim blaming, excusing perpetrators, and it belittles the serious nature of these crimes.”

She said the system is rigged against low-ranking service members. “Commanders who are responsible for the resolution of these cases are far too often biased in favor of the often higher-ranking perpetrators,” she said.

Norris spoke at a press conference at which Sen. Kirsten Gillibrand and other members of Congress pushed legislation that would allow victims to bypass their commanders.

As far as how to make that happen, the senator said, “Allow them to report directly to a military lawyer, a trained prosecutor, someone who understands sexual assault, and is the one who will do the investigation and then decide whether or not to bring it to trial.”

Read more at CBS News here.

Senate Armed Services Subcommittee on Personnel: Hearings on ‘Sexual Assault in the Military’ (March 13, 2013)

Senate Armed Services Subcommittee on Personnel: Sexual Assault in the Military (Photo: C-SPAN)

Senator Gillibrand’s Opening Statement at Armed Services Subcommittee Hearing Examining Sexual Assaults in the Military

Hearing is Gillibrand’s First As Chair Of Senate Armed Services Subcommittee On Personnel – Has Been Leading The Fight To End Sexual Violence In Military

Washington, D.C. – U.S. Senator Kirsten Gillibrand released the following prepared remarks of her opening statement at today’s Senate Armed Services Subcommittee on Personnel hearing examining sexual assault in the military:

“It is an honor and privilege to Chair this hearing of the Personnel Subcommittee this morning. I want to thank the Ranking Member of this Subcommittee, Senator Lindsey Graham, for his support and working with me to move this hearing forward as quickly as possible.

“I know that all of our colleagues on the Armed Services Committee share our deep commitment to improving the quality of life of the men and women who serve in our all-volunteer force on active duty, or in the National Guard and Reserves, their families, military retirees, and Department of Defense Civilian personnel. 

“And that is why this hearing today is so important to me personally…and to thousands of servicemembers…and their families across the country.

“The issue of sexual violence in the military is not new. And it has been allowed to go on in the shadows for far too long. The scourge of sexual violence in the military should be intolerable and infuriating to us all.  Our best, brightest, and bravest join our armed forces for all the right reasons – to serve our country, protect our freedom, and keep America safe.

“The United States has the best military in the world and the overwhelmingly vast majority of our brave men and women serving in uniform do so honorably and bravely. But there is also no doubt that we have men and women in uniform who are committing acts of sexual violence and should no longer be allowed to serve.  

“Too often, women and men have found themselves in the fight of their lives not in the theater of war – but in their own ranks, among their own brothers and sisters, and ranking officers, in an environment that enables sexual assault. 

“And after an assault occurs, an estimated 19,000 sexual assaults happened in 2011 alone according to the Defense Department’s own estimates…some of these victims have to fight all over again with every ounce of their being just to have their voice heard…their assailant brought to any measure of justice… and the disability claims they deserve fulfilled. Congress would be derelict in its duty of oversight if we just shrugged our shoulders at these 19,000 sons and daughters…husbands and wives…mothers and fathers…and did nothing. We simply have to do better by them.

“When brave men and women volunteer to serve in our military they know the risks involved. But sexual assault at the hands of a fellow service member should never be one of them.  

“Because not only does sexual assault cause unconscionable harm to the victim — sexual violence is reported to be the leading cause of post-traumatic stress disorder among women veterans — but it destabilizes our military, threatens unit cohesion and national security. Beyond the enormous human costs both psychologically and physically, this crisis is costing us significant assets – making us weaker both morally and militarily.   

“Already, this Committee and the Pentagon took some first steps on this issue as part of last year’s National Defense Authorization bill that President Obama signed into law. While obviously our work is not done, I am hopeful that we can build on these initial changes which include:

Ensuring that all convicted sex offenders in the military are processed for discharge or dismissal from the Armed Forces regardless of which branch they serve in;

Reserving case-disposition authority for only high-ranking officers in sexual assault cases;

Pushing the Pentagon to lift the combat ban that prevents women from officially serving in many of the combat positions that can lead to significant promotion opportunities. By opening the door for more qualified women to excel in our military, we will have increased diversity in top leadership positions, improving response from leadership when it comes to preventing and responding to sexual violence;

And an amendment introduced by my colleague Senator Jeanne Shaheen and based on my legislation, the MARCH Act, means that troops who become pregnant as a result of an act of rape no longer have to pay out of pocket to have those pregnancies terminated. 

“Concerning our first panel of witnesses, I want to salute each of you for your courage today in telling your very painful and personal stories. It is my hope and belief that by committing this selfless act you are encouraging others to step forward and are also helping to prevent other crimes from going unpunished.

“We have a duty to you, and the thousands of victims you represent, to examine whether the military justice system is the most effective and fairest system it can be.  

“Despite some very dedicated JAG officers, I do not believe the current system adequately meets that standard.  The statistics on prosecution rates for sexual assaults in the military are devastating.  Of the 2,439 unrestricted reports filed in 2011 for sexual violence cases – only 240 proceeded to trial. Nearly 70 percent of these reports were for rape, aggravated sexual assault or non-consensual sodomy.

“A system where less than 1 out of 10 reported perpetrators are held accountable for their alleged crimes is not a system that is working. And that is just reported crimes. The Defense Department itself puts the real number closer to 19,000! A system where in reality less than 2 out of 100 alleged perpetrators are faced with any trial at all is clearly inadequate and unacceptable.

“My view is that emphasizing institutional accountability and the prosecution of cases is needed to create a real deterrent of criminal behavior. The system needs to encourage victims that coming forward and participating in their perpetrator’s prosecution is not detrimental to their safety or future, and will result in justice being done.  Because currently, according to the DOD, 47 percent of service members are too afraid to report their assaults, because of fear of retaliation, harm or punishment. Too many victims do not feel that justice is likely or even possible.

“We need to take a close look at our military justice system, and we need to be asking the hard questions, with all options on the table, including moving this issue outside of the chain of command, so we can get closer to a true zero tolerance reality in the Armed Forces. The case we have all read about at Aviano Air Base is shocking, and the outcome should compel all of us to take the necessary action to ensure that justice is swift and certain, not rare and fleeting.   

“I had the opportunityto press Secretary Hagel on the issue of sexual violence in the military during his confirmation hearing. Secretary Hagel responded by saying, ‘I agree it is not good enough just to say zero tolerance. The whole chain of command needs to be accountable for this.’

“I could not agree more. I was very pleased with the Secretary’s public statement earlier this week that he is open to considering changes to the military justice system as well as legislation to ‘ensure the effectiveness of our responses to the crime of sexual assault.’

“It is with this spirit as our guide that I look forward to hearing from our witnesses.

“After Ranking Member Graham makes his opening remarks, we will hear testimony from my colleague from California, Senator Barbara Boxer who has been a leading voice on this issue. In last year’s Defense bill she successfully included an amendment that prohibits any individual who is convicted of a felony sexual assault from being issued a waiver to join the military.

“We will then have the following witnesses who have either been the victims of sexual assault while serving in the military, or are very knowledgeable advocates for addressing the issue of sexual assaults in the military:

Anu Bhagwati is Executive Director and Co-Founder of the Service Women’s Action Network. Anu is a former Captain and Company Commander, she served as a Marine officer from 1999 to 2004. While serving, Anu faced discrimination and harassment as a woman in the military, and has borne direct witness to the military’s handling of sexual violence.

BriGette McCoy, former Specialist in the U.S. Army. BriGette served in the U.S. Army from 1987 to 1991. She was just eighteen years old when she signed up to serve her country in the first Gulf War. While stationed in Germany from 1988 to 1991, she was sexually assaulted by a non-commanding officer. 

Rebekah Havrilla, former Sergeant in the U.S. Army. Rebekah served in the U.S. Army from 2004 to 2008. She was the only female member of a bomb squad in eastern Afghanistan and was attacked by a colleague at Salerno Forward Operating Base near the Pakistani border during her last week in the country in 2007.

Brian Lewis, former Petty Officer Third Class, US. Navy. Brian enlisted in the U.S. Navy in June of 1997. During his tour aboard USS Frank Cable (AS-40), he was raped by a superior non-commissioned officer and forced to go back out to sea after the assault. 

“I encourage you to express your views candidly and to tell us what is working and what is not working.  Help us to understand what we can do to address this unacceptable problem of sexual assaults in the military. 

“Later this afternoon at 2:00 p.m., we will have a third panel of witnesses from the Department of Defense, and the military services, including the Coast Guard. I want to acknowledge that many of those witnesses are here this morning to listen to the critically important testimony from our first and second panels and I would like to thank them for their participation.”

Sexual Assault in the Military Senate Hearing:

Senator Gillibrand’s opening statement at the SASC Committee Hearing on Sexual Assault in the Military (March 13, 2013)
Survivors Share Sexual Assault Experiences in the Military (March 13, 2013)

Related Links:
Sexual Assault in the Military, Part 1 (C-SPAN)
Sexual Assault in the Military, Part 2 (C-SPAN)
Senator Gillibrand’s Opening Statement at Armed Services Subcommittee Hearing Examining Sexual Assaults in the Military
Gillibrand Opening Statement at SASC Hearing on Military Sexual Assault
Survivors Share Sexual Assault Experiences in the Military [Video]
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Defense Department Rescinds Direct Combat Exclusion Rule; Services to Expand Integration of Women into Previously Restricted Occupations and Units (January 24, 2013)
CBS News: Sexual assault victim, “The system is rigged” (May 16, 2013)
Stars and Stripes: ‘White House, Congress bear down on military sexual assault’ (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)

NBC Bay Area: California National Guard Culture Questioned (November 14, 2012)

Whistleblowers expose hidden culture inside the California National Guard

Air National Guard SealBehind the Gates of the Guard

‘The California National Guard has a long history of serving the country in critical times of need. Its members have fought wildfires, responded to Hurricane Katrina and recently assisted with rescue efforts in super storm Sandy. It is a reserve military force of 23,000 guard members—the largest in the nation—where “integrity first” is a guiding principle. But a joint-investigation by NBC Bay Area and KNBC-TV in Los Angeles has uncovered a disturbing hidden culture in the California National Guard where some guard members say sexual assault and racism at times go unchecked, and where retaliation is a frequent method of discipline. During the past six months reporters spoke with nearly two dozen men and women from the California Guard who have found no solution inside and now want to expose what they say is the truth.”

Read more from NBC Bay Area here.

Related Links:
NBC Bay Area: California Guard Tries to Serve Firing Papers to Member After Suicide Attempt (June 25, 2013)
NBC Bay Area | Military Women: We Got Fired for Being Raped (August 21, 2014)
NBC Bay Area: California National Guard Military Sexual Assault Bill Becomes Law (August 21, 2014)

On the Dark Side in Al Doura (Iraq): Documentary Gives You an Inside Look at Toxic Leadership in the U.S. Army (December 17, 2011)

U.S. Army Ranger John Needham, who was awarded two purple hearts and three medals for heroism, wrote to military authorities in 2007 reporting war crimes that he witnessed being committed by his own command and fellow soldiers in Al Doura, Iraq. His charges were supported by atrocity photos which, in the public interest, are now released in this video. John paid a terrible price for his opposition to these acts. His story is tragic. –On the Dark Side in Al Doura (December 17, 2011)

After watching the 2011 documentary ‘On the Dark Side in Al Doura’ which profiles the case of Army Private John Needham, one can clearly observe the similarities to ‘The Kill Team’ PBS documentary released in 2014. On the Dark Side in Al Doura interviewed Michael Needham, the father of John Needham, who was an Army whistleblower from Fort Carson, Colorado and reported witnessing war crimes and atrocities in Iraq; The Kill Team profiled Adam Winfield, an Army whistleblower from Fort Lewis, Washington who witnessed and tried to report the same war crimes and atrocities in Afghanistan. For the sake of preservation, both John Needham and Adam Winfield admitted feeling pressured to conform or risk their own lives if they didn’t. They both felt like they were being set up to die or participate in the war crimes. Both soldiers at times felt like suicide was their only way out because there was no safe place for them to report overseas nor could they escape the situation. If they made it out of the war zone alive, the return home didn’t fair well for them. The PBS documentary  ‘The Wounded Platoon’ released in 2010 reveals the impacts the wars overseas had on Fort Carson soldiers. After watching these three documentaries, it’s clear why our soldier’s combat experiences traumatized and changed some of them. They not only had to fight a credible threat on the battlefields but some were betrayed by the very team they depended on for their lives.

Michael Needham takes us through the series of events that occurred in the course of John’s short Army career. He shared how John was the fifth generation in the family to fight in a war. John volunteered to join the Army in the spring of 2006, went to Fort Benning, Georgia for training, and then got stationed at Fort Carson. John was an Army Ranger assigned to the 212th, 2nd Combat Team, 12th Regiment, 2nd Infantry Division. He was part of the infamous team known as the ‘Lethal Warriors’ which now appears to be disbanded. Part of his initiation into his new band of brothers was fighting other soldiers to determine where one fell in the pecking order. John held his own in the fights and was respected for his wins. According to John, the soldiers that didn’t fair so well in the fights were ‘smoked’ by leadership and peers, which ultimately forced them to leave, quit, or commit suicide. In October of 2006 John was deployed with his Fort Carson team to Al Doura, Iraq. His team was assigned to the Quarter Cav which was known for having some of the deadliest fights in the Iraq war.

Screen Shot 2016-09-04 at 10.02.14 PM
Private John Needham, U.S. Army

John was a good soldier. He worked hard, saved lives in Iraq, and was awarded three medals for heroism and two Purple Hearts. John excelled as part of team, was brave, and his resilience was admirable. But during the course of John’s deployment, he witnessed war crimes and other atrocities committed by leadership and his fellow soldiers that affected his morale. John would also admit that initially he wasn’t quiet about it and when he did question superiors, he was told he didn’t have the right to question leadership. He didn’t dare report the war crimes via e-mail or telephone because he knew leadership could monitor everything. So for the sake of preservation and life’s sake, he did what he had to do to get by and stay alive. John would share that the Army was short of personnel so most of the soldiers got driven into the ground and deprived of sleep. After awhile John felt that he was forced into committing war atrocities that were illegal but feared if he didn’t do it, he would become a liability to the team and ultimately a casualty of his own people.

One night John was sent out on a mission with a Lieutenant (who did not commit war crimes yet remained silent). John thought this was unusual because they didn’t usually get sent out in pairs. They were ambushed by three shooters in the middle of the night who were determined to see them dead. When the shooting began, John pushed the Lieutenant to safety and kept the shooters at bay. He shot every round he had and when he was almost out of ammunition, he called the 212th for back-up on the radio but nobody answered him. Luckily another team was nearby who did answer him and was able to extract the soldiers from the situation and save their lives. It would be this incident that would break John’s spirit. He immediately suspected that he and the other soldier were sent on this mission to be killed. When he got back to the base, he began yelling “Why did you set us up?” And “If you want to kill me, kill me to my face!” But nobody acknowledged him so he went back to his tent where he decided that he would commit suicide. John was exhausted, irate, and he saw no way out. He didn’t want to live anymore. He felt that committing suicide was his only way out. John put a handgun to his head but just as he got ready to pull the trigger, his roommate dove and pushed the gun away from his head. The gun discharged and put a hole in the wall. Soldiers immediately began ascending upon the area. According to John, once leadership learned what happened, they held him down and beat him then locked him in captivity in a small room. The Battalion Commander was the one who kept John captive yet he didn’t press any formal charges.

John’s father Michael learned through John’s friends in Afghanistan that John was being held captive by the Battalion Commander. They were concerned about him. John’s family was already concerned about John’s earlier e-mails and posts on MySpace because it sounded like he had given up, which was not like him. With this information Michael Needham contacted Army commands, Fort Carson, Congressional leaders and the Army Inspector General (IG). He reports that the only office that took him seriously at the time was the IG. Michael was trying to save his son’s life. He told the IG that he didn’t want him to die. The IG’s office shared a list of rights for both John and Michael. And it was at this time Michael learned that he had third party rights and could intervene and act on John’s behalf. Michael was finally able to get in touch with the Battalion Commander only to learn that John was being treated like a criminal. The Battalion Commander informed Michael that John committed crimes and was being sent to prison in Kuwait. But Michael was able to intervene and get the Command to send him to medical instead. Medical determined that John was severely injured both physically and mentally. He had significant back injuries from the multiple explosions and blasts, shrapnel in his body, Traumatic Brain Injury, and Post Traumatic Stress Disorder. Army medical in Iraq referred John to medical in Germany and from there he would be sent to Walter Reed Army Medical Center in the states. But not before the Battalion Commander would put up one more roadblock. Instead, Michael Needham won this battle and John was flown to Germany.

Eventually, John was sent to Ward 54 which is the psychiatric ward at Walter Reed. Michael shared that John appeared to like the psychiatric help he was getting. A month into John’s stay at Walter Reed, he was informed that the Iraq Battalion Commander contacted the 212th Command in Colorado and requested that John be sent back to Fort Carson where he was facing criminal charges including unlawful discharge of a weapon. They were making him go and sent armed guards to accompany him back to Fort Carson. Michael Needham tried to intervene with the 212th at Fort Carson but they said they couldn’t do anything because they had orders from the Battalion Commander. John was sent back to Fort Carson and the harassment he endured in Iraq continued with the 212th in Colorado. John shared that they mentally tortured him, banged on his barracks door, stole his things, and isolated him. It was at this time Michael elicited the help of a veteran advocate Andrew Pogany who went to the command in Colorado and held these people personally accountable. Andrew helps soldiers in John’s situation because he understands how important it is to intervene. John could not get the kind of help that he needed at Fort Carson. Michael shared that the soldiers could see a professional once a week if they were suicidal and once a month if they were not. John’s father wanted him transferred to a Naval Medical Center in San Diego for intensive treatment and so he could be closer to home. Andrew helped make that happen.

Michael began to understand the impacts the war had on his son after John got back to California. John couldn’t handle driving above 35 mph, was suspicious of trash on the side of the road, and was easily startled by loud noises. He could not function in public and suffered with what is known as flashbacks. The Naval Medical Center in San Diego recommended that John get surgery on his back right away. They warned him that he could become paralyzed if he didn’t get the surgery. In the meantime Johns father spoke candidly with one of the Navy doctors about the treatment John received both in Iraq and at Fort Carson. He reiterated that he was concerned about his well being and asked him to help him find a way to prevent John from being sent back to Fort Carson, Colorado. Michael Needham feared that if John got sent back to Fort Carson that he would not return. This doctor agreed to help John. And Andrew Pogany recommended that John report the war crimes to the Army in an effort to protect John from being complicit and implicated in the future. John reported to the Army that he witnessed both leadership and peers killing innocent Iraqi civilians during the October 2006 to October 2007 timeframe in and around Al Doura. It wasn’t long after John made the report that all the charges against him were dropped and Fort Carson gave the necessary approval to transfer him to Balboa Naval Command. John went in front of the medical board and was medically retired for Post Traumatic Stress Disorder, Traumatic Brain Injury, and back injuries. He was discharged honorably from the Army. The Army investigated John’s claims but concluded that no war crimes were committed.

Michael and John won a lot of battles with the US Army but soon they would lose the war. Just days after John was discharged from the Army, he would be accused of beating his new girlfriend to death with his bare hands. John Needham was charged with the murder of Jacqwelyn Villagomez and jailed for ten months until his family raised enough money to get him out on bail. John was not given treatment while jailed so the family was motivated to get him out so he could get the treatment he needed. John did in fact follow through with getting treatment and he learned a lot about himself in the process. He spent some time on camera talking about how the combat stress and the betrayal from his team impacted him. He talked about how he didn’t realize the significant impacts from Post Traumatic Stress Disorder and Traumatic Brain Injury. John recognized how PTSD and TBI did in fact play a role in his fight or flight response mechanisms and that it may be because these conditions went untreated that he disocciated, snapped and beat his girlfriend to death. The two were in a heated argument after Jacqwelyn attacked one of John’s female friends. Both of them were volatile but unfortunately there were no witnesses to the event as John’s friend was outside the home calling the police to report Jacqwelyn. While John was awaiting trial, he went to Arizona to get another surgery and visit with his mom. On February 19, 2010 following treatment at the Department of Veterans Affairs, John would be found dead in his room from an overdose on painkillers. The cause of death at autopsy was considered undetermined and it is unclear if John accidentally overdosed or committed suicide.

Brig. Gen. Stephen Xenakis, M.D. (Ret.), a former top military psychiatrist who until recently was a consultant to the Joint Chiefs of Staff, told us: “[TBI ]most sensitively affects executive functioning, that part of the brain that we use for judgment and we use for decision making … when we are in situations of intense emotion. So if a person is affected neurologically … they don’t have the controls that they had before. … They can’t think as clearly. …They are really vulnerable to just reacting, overreacting, particularly maybe doing something that they had done when they’d been in combat.” –The Wounded Platoon

As a parent, Michael Needham has questions for the Army. Why don’t they even recognize the problem? Why don’t they take care of the soldiers? And why did they leave his son John Needham behind? The documentary ‘On the Dark Side in Al Doura’ concludes with the reminder that since the Patriot Act was passed and Dick Cheney declared that we needed to go into the shadows, the definition of torture has been blurred. The Abu Ghraib prisoner torture and abuse scandal erupted under the Bush administration in 2003 but no war crimes have been investigated under President Barack Obama’s administration. If the rule of law has been lost, what do we have? Our military personnel have a responsibility to abide by the rules established by the Geneva Conventions. John Needham and Adam Winfield both reported witnessing innocent civilians murdered by their fellow leadership and peers in Iraq and Afghanistan. They both also shared the impact the crimes had on their mental health and morale. They wished they could have reported the crimes to someone who would have listened and understood that their lives were in danger. We can learn a lot from John Needham and Adam Winfield; they have experienced what it’s like to be a whistleblower in the US Army. They have clearly illustrated what toxic leadership in the Army looks like and how whistleblowers in the US military have nowhere to turn.

Related Links:
Dateline NBC Mystery: Private Needhams War
PBS Documentary: The Wounded Platoon
On the Dark Side in Al Doura: A Soldier in the Shadows
PBS Documentary: The Kill Team
The PBS Documentary ‘The Kill Team’ Nominated for an Emmy
Retired Army Pvt John Needham Beat his Girlfriend Jacqwelyn Villagomez to Death, Then Died of an Overdose on Painkillers Awaiting Murder Trial (2008)
Honoring Jacqwelyn Villagomez who Died at the Hands of Retired Army Private John Needham (2008)