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

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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)

Related Links:
Pass the Military Justice Improvement Act @SenGillibrand
S. 1789: Military Justice Improvement Act of 2019
S. 1789: Military Justice Improvement Act of 2019 [Full Text]
Comprehensive Resource Center for the Military Justice Improvement Act
Sens. Cruz, Gillibrand Reintroduce Military Justice Improvement Act
Udall, Heinrich Reintroduce Military Justice Improvement Act To Address Crisis Of Military Sexual Assault
Leahy Joins Gillibrand And Others To Reintroduce Military Justice Improvement Act
Hirono Wants To Change How The Military Prosecutes Sexual Assault
Senator Martha McSally’s Responsibility to Survivors of Military Sexual Assault
McSally defends keeping military commanders involved in sexual assault cases
Gillibrand: “Status Quo” Not Working With Military Sexual Assaults
Veterans for Peace: Sexual Assault on Military Members Press Conference, Seattle, Washington (August 11, 2006)
Jamie Leigh Jones Testified at the House Judiciary Committee Halliburton/KBR Iraq Rape Case Hearing (December 19, 2007)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)
Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)
Sexual Misconduct Allegations at Lackland AFB | C-SPAN (January 23, 2013)
Panetta Is Lifting Ban On Women In Combat Roles (NPR, January 23, 2013)
Sexual Assault in the Military, Part 1 | C-SPAN (March 13, 2013)
Sexual Assault in the Military, Part 2 | C-SPAN (March 13, 2013)
Gillibrand Leads Bipartisan Coalition to Reform Military Justice System [Full Video] | Senator Kirsten Gillibrand (May 16, 2013)
Gillibrand Builds Bipartisan Support for Change of Military Justice Code (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
The war in Congress over rape in the military, explained (June 8, 2016)
Sexual Assault in the Military | C-SPAN (March 6, 2019)
S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

Navy Sailor Brandon Caserta Died by Suicide at Naval Station Norfolk; Family Pushing for Suicide Prevention Legislation ‘The Brandon Act’ Focusing on Hazing & Bullying (June 25, 2018)

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AEAN Brandon Caserta, U.S. Navy (photo courtesy of the Caserta family)

Navy AEAN Brandon Caserta was stationed with the Helicopter Combat Sea Squadron 28 (HSC-28) at Naval Station Norfolk in Virginia when he died by suicide on June 25, 2018. While Brandon’s parents were on the phone with Navy leadership at the Squadron, Brandon walked out on the flight line, apologized to the plane captain (who is in-charge of the flight line), and hurled himself into a helicopter rotor, dying instantly. AEAN Caserta had a brief career with the Navy and it didn’t turn out the way he had hoped. He had failed Special Warfare Training and was transferred into a new career field as a result. And then unexpectedly Brandon broke his collar-bone in a bicycle accident, which also negatively impacted his Navy career. At the moment Brandon Caserta made his final walk out to the flight line, his father Patrick Caserta was on the phone with the command expressing concern for his son’s welfare. Patrick was making plans to fly out to Naval Station Norfolk to explore his son’s legal options.

Desperate for answers, the Casertas reached out to Brandon’s chain of command and friends but eventually everyone stopped responding. The Casertas were told by many friends in Brandon’s command that leadership ordered a cessation of communications. Before the silence, Brandon’s friends shared that they thought he appeared to be suffering from depression, feelings of worthlessness, and anger, hence the reason he left a note asking the Navy be held accountable. As a result of the information gleaned from the note and those who knew Brandon, the HSC-28 conducted an investigation of itself; basically the fox guarding the henhouse. Although they knew months in advance of the problems, the report did note that Brandon’s supervisor had a history of berating and belittling those who worked for him. As a matter of fact, this supervisor could have been court-martialed under UCMJ Article 93, Cruelty and Maltreatment, but he wasn’t. Instead, Military.com reports he received no punishment and was transferred with a “declining evaluation” (and this was only after it was heard and reported that he made “derogatory and inflammatory comments concerning the deceased”).

“I want to see as many people fired, kicked out or, at the very least, lose rank.” -Brandon Caserta, U.S. Navy

According to Military.com, the Navy’s suicide rate in 2018 was the highest it’s ever been. And it was reported that a post-mortem analyses of suicides in the military usually showed the victim “faced major issues like financial problems, relationship problems, medical issues, and mental health conditions.” The military reporter reached out to Dave Matsuda, an anthropologist at California State University-East Bay, who researched and studied a suicide cluster among soldiers in Iraq in 2010. Matsuda’s research found some non-commissioned officers (NCOs) and officers in the chain of command made their subordinates’ lives a “living hell.” Matsuda also added that although the “bad leaders weren’t fully responsible for the suicides, they helped push the soldiers over the edge.” But in a system where the Navy is investigating the Navy, we have learned that the Chain of Command isn’t going to admit there is a problem. They have a history of blaming the victim and/or scapegoating an enlisted NCO or lower ranking military officer.

Brandon’s father, Patrick Caserta, a retired U.S. Navy sailor himself, asserts the Command was “so hostile, corruptive and unethical,” that they tormented Brandon and drove him past the brink of despair. Patrick and Teri Caserta wholeheartedly believe the command murdered their son. Patrick reminded us that the military talks about trauma, exposure to war, and mental health, but they don’t talk about harassment and bullying. He believes military leadership do not want to admit harassment, bullying, and retaliation happen or admit they are at fault. In the days and weeks that followed their son’s death, Patrick and Teri also learned from those who worked with Brandon that they were all dealing with a high operational tempo and manpower shortfalls. Brandon’s co-workers believed “personal issues were not a high priority and Brandon’s death could have been prevented.” And an anonymous message sent to the squadron commander on June 18, 2018 revealed the abuse was ongoing before Brandon died.

According to the message, Brandon’s supervisor called subordinates his “bitches,” referred to the chiefs as “douchebags” and “dumbasses” behind their backs, and “treated workers worse than garbage” and “like dogs.” –Military.com (June 8, 2019)

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Military.com reported that Brandon Caserta’s death was one of 68 Navy suicides in 2018. They also reported the rise in military suicides appears to mirror an increase in suicides among the general U.S. population. Suicide experts are struggling to understand why so many are dying by suicide. Some factors for suicide risk, according to the Centers for Disease Control (CDC), include “spending time in prison or jail, having a mental health disorder or a substance abuse problem, experiencing family violence, a history of suicide, and having guns in the home.” Brandon’s family believes their son’s suicide was a direct result of toxic leadership, one superior who harassed and bullied Brandon, pushing him over the edge. According to Army Doctrine Publication 6-22, a toxic leader “operates with an inflated sense of self-worth and from acute self-interest,” consistently using “dysfunctional behaviors to deceive, intimidate, coerce, or unfairly punish others to get what they want for themselves.” Although it appears there are multiple variables that impact when a service member chooses to die by suicide, the experts need to find out the why so we can save our service member’s lives. What is happening in their environment that makes them feel like suicide is the only way out?

The directive states, toxic leaders exhibit a combination of “self centered attitudes, motivations, and behaviors that have adverse effects on subordinates, the organization, and mission performance.” –Military.com (June 8, 2019)

Military.com reported that one of Brandon’s co-workers helped shed some insight into the toxic climate at the Navy’s HSC-28 squadron. He accused leadership of deploying personnel in retaliation for speaking up and not doing as they are told. This particular individual requested that he remain at the squadron when his wife got sick because he needed to support her and their two girls. But his leadership was going to deploy him with a detachment anyways. So he filed an Inspector General complaint and thankfully was transferred out of the squadron in a couple weeks. He believes Navy personnel have a “fear of retribution” because the command is resentful of the service members who can’t deploy. Brandon’s family experienced a form of retaliation as well. The unit held a memorial service for Brandon four days after he died but Patrick and Teri said they were not invited by anyone in the HSC-28 command. Patrick Caserta believes the family was excluded out of sheer pettiness; leadership wanted to continue to conceal and coverup what truly happened. Regardless of the reason, it was a violation of Navy policy.

“Navy policy states that the command should provide round-trip travel and allowances to family members to attend a command memorial service.” –Military.com (June 8, 2019)

On May 31, 2019, after the command learned that Military.com had made phone calls regarding the Casertas’ allegations, Navy personnel indicated there was a “culture of fear” at the squadron. The Casertas are so angry and distraught that communications have stopped that they offered a $25,000 reward to anyone who came forward with information that “lead to successful prosecution of individuals in their son’s chain of command.” They have also met with the congressional staff of at least a dozen senators and representatives, including Senator Tim Kaine (D-VA) and Senator Kyrsten Sinema (D-AZ) to discuss “the treatment they and Brandon received, request an independent investigation, and promote efforts to prevent suicide linked to toxic leadership.” They also would like to see the Navy implement Brandon Caserta’s request in his suicide note regarding the re-rate process: “sailors who don’t complete the training for the rate they initially sought should be able to select any other training they qualify for with their Armed Services Vocational Battery (ASVAB) test results.”

Anthropologist Dave Matsuda told Military.com that to truly address the problem of suicide in the armed forces, “all the services need to consider ‘toxic leadership’ when analyzing the deaths of each individual.” If we understand the why, we can prevent suicide. Matsuda also believes operational leaders should not rely on “the boot camp strategy of breaking people down to build them back up.” Matsuda concluded with the assertion that indeed a toxic command climate can trigger suicidal behavior. One year later, Patrick and Teri Caserta are determined to get justice for their only son, because they believe this tragedy could’ve been prevented. The pair also report that Congress is drafting “The Brandon Act,” which is “federal legislation aimed at ending military suicides, holding commanders accountable, and halting the bullying and hazing that occurs within military ranks.” Please contact both the Senate Armed Services Committee (SASC) members and the House Armed Services Committee (HASC) members and your Senators and Representative to ask that they too support our troops by supporting The Brandon Act. Our service members deserve a chance at a beautiful life post military.

“The Brandon Act” is designed to be a safe word that men and women in our Armed Forces can use if they are subjects of any kind of abuse whether it’s physical, emotional or mentally. Abuse comes in many, many forms to include bullying, hazing, threats, sexual, abusive leadership, and any kind of mental and emotional abuse. These are just a few abusive tactics that can be done to someone. “The Brandon Act” protects those who come forward asking for help. It is designed for these men and women to come forward and get the help they need and if the abuse merits it, the sailor or troop will have a right to ask to be reassigned to another command or unit without any retaliation whatsoever from anyone in their current command or their next assignment. Our hope is to bring suicides to an end and by using this “Act” will hopefully allow them the courage to get help when they need it and get them healed and back on the right path. This “Act” is in front of Congress right now and hopefully very soon, they will approve and pass it once it’s completely written. Thank you for reading. –Justice for Brandon Caserta on Facebook (June 20, 2019) #TheBrandonAct

Sources: Patrick Caserta (Brandon’s father), Patricia Kime, Military.com, and related links

In the News:

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

Related Links:
Obituary: Brandon Patrick Caserta (June 25, 2018)
3rd Cowpens CO Fired Since 2010; CMC Relieved (2014)
Army Takes On Its Own Toxic Leaders (2014)
‘I now hate my ship’: Surveys reveal disastrous morale on cruiser Shiloh (2017)
Navy: Failures of Leaders, Watchstanders Led to Deadly Ship Collisions (2017)
Former MCPON Bawled Out Staff, Made Sailors Fetch Coffee: Investigation
His Suicide Note Was a Message to the Navy. The Way He Died Was the Exclamation Point
When Driven to Suicide, at a Minimum it is Manslaughter! – The Navy’s Incessant Harassment of Brandon Caserta Ultimately Drove Him to Suicide – People Were Promoted, Instead of Held Accountable
Suicides Are Still On The Rise In The Military — Is That Really a Surprise? Spoiler: The Answer Is ‘No.’
Peoria family hopes for change in military culture after son takes his own life
Family hopes for change in military culture after son takes his own life
Family hopes for change in military culture after son takes his own life
Peoria family hopes for change in military culture after son takes his own life (YouTube)
Army Staff Sgt. Paul Norris Fatally Shot Army Spc. Kamisha Block in Iraq After She Ended a Forbidden Relationship, Then Ended His Own Life (August 16, 2007)
Camp Lejeune Marine Maria Lauterbach & Unborn Child Murdered, Remains Discovered in Fellow Marine’s Backyard; Cesar Laurean Sentenced to Life in Prison, No Parole (December 15, 2007)
Military Rape Survivor Army Sgt. Amanda Sheldon Died by Suicide After Suffering With Depression; Family Hopes Her Death May Spark Change (October 7, 2010)
Lauterbach Case Prompts Policy Reforms for Victims of Crime in the Military (December 25, 2011)
Army Directive 2011-19: Expedited Transfer or Reassignment Procedures for Victims of Sexual Assault (3 Oct 11)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members (2016)
Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (2017)
Are More Male’s Victims of Violent Crime in the United States Than Females? (2017)
September: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (2017)
Sexual Assault in the Armed Forces, Transfer Policies Panel (2017)
48 Hours NCIS Premiered ‘Trail of Fire’ on CBS: Holley Wimunc, Domestic Violence, and the Holley Lynn James Act (June 26, 2018)
ProPublica: ‘Death and Valor on an American Warship Doomed by Its Own Navy’ (February 6, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
The Brandon Act | Justice for Brandon Caserta
Justice for Brandon Caserta | Facebook
Navy Failed Their Son | ABC 15 Arizona

Lt. Col. Teresa James Shares Experience with Sexual Assault & Reprisal at DoD IG Worldwide Hotline Outreach Conference (July 28, 2016)

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The Department of Defense Inspector General’s office held a Worldwide Hotline Outreach Conference today July 28, 2016. One of their keynote speakers was Lt Col Teresa James, US Army, Retired, highlighted before on this site. The DoD IG twitter feed shared excerpts from her presentation summarized below. As she spoke, I tweeted with them to bring awareness to the specifics that Lt Col James noted and why they are so important. For a complete listing of the tweets by the DoD IG, please visit their Twitter feed here.

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