The Lackland Air Force Base sex scandal erupted in the 2011/2012 time frame. Sig Christenson, a reporter from San Antonio Express, slowly began to reveal the sex scandal issues at the basic military training facility in Texas and reported on most of the courts martials initiated by the Air Force. As a result of the escalating media coverage and other forces at play, it gave military sexual assault advocacy organizations a reason to request hearings in front of the House Armed Services Committee. Congressional hearings were held on January 23, 2013. Both General Edward Rice and General Mark Welsh testified at this hearing along with two retired Air Force women and Dr. David Lisak. In the end, 35 Basic Military Training personnel were courts martialed for allegedly abusing trainees or sex related offenses. Now that the dust has settled and some time has passed, whistleblowers have disclosed that the Air Force investigations trampled on due process rights. And individuals were railroaded with collateral charges which forced them to take plea deals to avoid excessive punishments. Two were found guilty of rape and sentenced to twenty years. The Air Force is being accused of going on a “witch hunt” after being politically motivated to clean up the basic training facility while under the watchful eye of the media, advocates, and Congress. This post was inspired by Never Leave an Airman Behind: How the Air Force Faltered & Failed in the Wake of the Lackland Sex Scandal by Lt Col Craig Perry, USAF Retired.
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.
Hillary Clinton picked Senator Tim Kaine of Virginia as her Vice Presidential running mate. What is interesting about this pick is at one point in a Time magazine article in 2014, Clinton showed public support of the Military Justice Improvement Act, yet she chooses Senator Tim Kaine (D-VA) as her vice presidential running mate who has been blocking the bill since 2013. Of course Senator Angus King (I-ME) endorses this choice since he too has been blocking the due process bill sponsored by Senator Kirsten Gillibrand, Senator Susan Collins, Senator Rand Paul, Senator Ted Cruz, and many other bi-partisan Senators advocating for constitutional rights for military personnel and veterans.
“The move was surprising in that it means that if she becomes President, the normally hawkish Clinton would go against the advice of military brass and remove the cases from the chain of command. It also must have had a little bit of a silver lining dig at McCaskill, who endorsed Barack Obama over Clinton in 2008.” ~Time (2014)
Army Reserve veteran Micah Johnson was accused of gunning down and murdering five Dallas police officers during a Black Lives Matter Event on July 7, 2016. This is considered one of the deadliest attacks on police officers since September 11, 2001. He was eventually killed in a stand off with police. In recent media reports we learned that Micah Johnson deployed to Afghanistan from November 2013 to July 2014. He was accused of sexual harassment while deployed to Afghanistan in May 2014. He was accused of stalking and stealing women’s underwear as well. The victim sought a protection order and told superiors he needed mental health treatment. The protection order was granted and the Commanding officer recommended an Other Than Honorable discharge and sent him home early from his deployment to Afghanistan. Johnson’s military attorney stated that this kind of punishment is unusual for an isolated incident of sexual harassment. As part of a tentative agreement, it was recommended that Johnson receive a general discharge which saves the Army time and resources needed to discharge soldiers under Other Than Honorable conditions. Instead he was eventually released from the Army with a honorable discharge in April 2015.
As a result of his actions while serving, he was not investigated and prosecuted but instead sent back home from overseas and discharged from the US Army Reserves honorably. Although we have limited information in which to base conclusions, at first glance this looks like a case of escalation of predatory behavior that starts with sexual harassment, progresses to stalking, then the individual gets brazen and starts breaking and entering to steal his victims belongings. It would only be a matter of time before the individual escalated to sexual assault, rape and then murder. It’s too early to make a definitive conclusion as we are still waiting for information to come in because this story is developing. But one thing we do know is that the US Army Reserves took the easy way out, booted Micah Johnson from the military to protect it’s service members, and unleashed him on society with no warning or records. This case is another reason why we need the military to investigate and process each and every case through the legal system so we at least have a fighting chance at prevention and escalation of crimes. If the military can’t handle or afford to investigate and prosecute each case to determine the soldier’s danger to society, then maybe they should hand over the investigation and prosecution of crimes to the civilians. This isn’t the first case they let slip through the cracks and it certainly won’t be the last.
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Why wasn’t the deaths of five Dallas Police Officers enough to warrant an investigation of the way the Army handles crime? Instead the conversation was stifled in the media. The following is a list of questions sent to the Army Times and other media outlets to help them help us find answers.
• What were his behaviors prior to being reported?
• What evidence did the Commander have to grant a protection order?
• Why was the protection order for her home as well?
• Why was he sent back home from Afghanistan?
• Why did the deployed Commander recommend sexual harassment with other than honorable discharge?
• Does the Commander understand the difference between sexual harassment and escalation of a violent criminal? (sex harassment, stalking, stealing victims belongings, sexual assault, rape, murder)
• Did the deployed Commander do any follow up with Army or Army Reserves?
• Where was he sent after leaving Afghanistan?
• Did he process through Fort Hood and was anyone informed of his status?
• Why and when was he assigned an attorney? (usually not necessary for sex harassment)
• Why no follow up on what happened in Afghanistan?
• Why no punishment whatsoever for sex harassment charge, protection order?
• Why no investigation of circumstances to determine if this individual was a danger to fellow soldiers in the US?
• Why no investigation of circumstances to determine if this individual was a danger to society?
• Why only a recommendation for other than honorable discharge?
• Why no concern that this individual may harm others in the community?
• Why no concern for records and informing local community of potential danger?
• Why did Micah Johnson end up getting discharged with a honorable discharge?
• Why is media reporting that the attorney and victim cannot speak to the media?
• Do you have the money to process soldiers through the legal system?
• If you don’t have the money, why not refer the case to the civilian authorities to help you determine if this person is a danger to society?
• Why no follow up with local police after victim got a military protection order?
• Where did the victim live? On base? Off base? Was protection order coordinated between deployed commander and commander in the states?
• Where did Micah Johnson live? On base? Were others informed of the protection order and reasons why?
• Why did it take so long to discharge Micah Johnson from the military after he was sent home from Afghanistan?
• Did he continue to go to work until he was discharged?
• Did he have any other victims or accusations while serving?
• Do you keep records of reports of sex crimes if the allegation cannot be substantiated because it’s a “he said, she said” crime?
• What triggers an investigation by CID? Where are they located?
• Do you investigate if the crime is considered sex harassment?
• Why sex harassment when stalking, stealing panties, protection order, and early return home from Afghanistan?
In the News:
Micah Johnson, the suspect who shot and killed five Dallas police officers, was killed by a police robot with a bomb attached. CBS News transportation correspondent Kris Van Cleave joins CBSN to discuss a new use for the technology. -CBS News (July 8, 2016)
Micah Xavier Johnson, 25, has been identified as one of the suspected gunmen in an ambush Thursday that left five Dallas law enforcement officers dead and seven more officers injured, according to multiple law enforcement sources. -ABC News (July 8, 2016)
Dallas Sniper Micah Xavier Johnson Was Ex-Army Reservist. -ABC News (July 8, 2016)
The gunman who killed five police officers and wounded seven others Thursday night before being killed in a standoff with cops in Dallas has been identified as Micah Xavier Johnson, according to reports. Johnson, 25, was killed in a parking garage at El Centro College after opening fire as demonstrators with the Black Lives Matter movement protested police’s treatment of blacks in America, according to reports. Johnson claimed to be an army vet. -Inside Edition (July 8, 2016)
Micah Xavier Johnson, 25, was killed by robot-detonated bomb after lengthy negotiations. -CBC News (July 8, 2016)
The first family member of the gunman who killed five police officers in Dallas is speaking out. Nicole Johnson, sister of Micah Xavier Johnson, took her shock to Facebook writing, ‘I keep saying it’s not true.’ She has deleted the post and but added another saying the media will show one image of her sibling, while those who knew him will keep another. Her 25-year-old brother shot the officers during a peaceful protest in response to the recent killings of two black men by police. -Inside Edition (July 8, 2016)
Micah Johnson ambushed police during a protest in downtown Dallas Thursday, killing five officers and wounding nine others. We are finding out more about the gunman’s planning and what police found in his home. -CBS This Morning (July 9, 2016)
Five officers were killed and nine others wounded during a protest Thursday, when a gunman targeted them following the deadly shootings of two black men at the hands of police officers this week. Investigators say Micah Johnson, an Afghan war veteran, was amassing an arsenal at his home outside Dallas. His tour of duty ended in 2014 when he was sent back to the U.S. after a female soldier accused him of sexual harassment. Manuel Bojorquez reports. -CBS This Morning (July 9, 2016)
ABC News’ Matt Gutman and Pierre Thomas report the latest news in the deadly sniper attack in Texas. -ABC News (July 9, 2016)
Police said a robot was used to kill Micah Xavier Johnson, the ex-Army reservist suspected of opening fire during a police shooting rally. -ABC News (July 9, 2016)
The parents of Dallas gunman Micah Johnson have spoken out for the first time since their son’s attack on police Thursday night. Speaking to The Blaze, Johnson’s father, James Johnson and his ex-wife, Delphine broke down in tears as they discussed their veteran son’s devastating actions during a protest march. “I love my son with all my heart. I hate what he did,” James said. The astonished father added: “I don’t know what to say to anybody to make anything better. I didn’t see it coming.” -Inside Edition (July 11, 2016)
Jake Hunt said he couldn’t go a day without Micah Johnson “making you laugh at least twice a day.” -ABC News (July 11, 2016)
As the investigations continue into the three police-involved shootings within three days, CNN speaks to a man who claims to have sold a military-style rifle to Micah Johnson, the Dallas sniper attack suspect. -CNN (July 12, 2016)
CBS News’ Manuel Bojorquez discusses the interview with Dallas shooter Micah Johnson’s parents. Bojorquez is in Dallas, where President Obama and George W. Bush will speak at a memorial today. -CBS News (July 12, 2016)
Thousands of people have attended a candlelight vigil outside the Dallas Police Department to honour the five officers shot dead during a protest over the killings of two black men. Micah Johnson killed Lorne Aherns, 48; Michael Krol, 40; Brent Thompson, 43; Mike Smith, 55; and Hispanic officer Patrick Zamarripa, 32. -Euronews (July 12, 2016)
As the funerals for the slain Dallas police officers continue, the investigation into the background and motive of Dallas shooter, Micah Johnson, continues. The US Army has opened an investigation into Johnson’s military service. Johnson reportedly spent six years in the Army Reserves and was accused of sexual harassment while serving. RT America’s Manuel Rapalo reports from Dallas, where police are also investigating claims that Johnson purchased an AK-47 off of Facebook for $600 before the shooting. -RT America (July 14, 2016)
On July 7, 2016, Micah Johnson killed five police officers and injured nine others. This 3d animation shows what we know about the path of his deadly ambush through downtown Dallas at the end of a peaceful march to protest police shootings of black men around the country. -The Dallas Morning News (July 31, 2016)
Heath Phillips is a US Navy veteran who served his country honorably up until he became a victim of sexual assault while on board the ship he was assigned to. As a result of the crimes, Heath chose not to go back to the ship in an effort to escape the hazing, retaliation, and further sexual and physical assault that awaited him. Instead he went Absent Without Leave (AWOL) and was eventually given an Other Than Honorable (OTH) discharge from the military. As a result of the discharge status, his life has been impacted greatly up to and including not having the ability to access veteran’s health care and compensation at the Department of Veterans Affairs for the injuries he sustained in the line of duty.
Since 2009, he has been an active voice for male victims of crimes in the military and has helped to educate the public about male military sexual assault issues. He has helped Representative Jackie Speier gain support for the Sexual Assault Training, Oversight, and Prevention Act (STOP Act). He has supported Senator Kirsten Gillibrand in efforts to pass the Military Justice Improvement Act (MJIA). He advocated on behalf of the Human Rights Watch organization for passage of the Fairness for Veterans Act. He continues to work closely with organizations and members of Congress to elevate support for male victims of crimes in the military and improve care for them in active duty and veteran status.
Update (June 2018): Heath Phillips appeared on the Today Show and informed the public that his military discharge status had been upgraded to HONORABLE.
In the News:
Military Rape Speech 6 by Congresswoman Jackie Speier: I’ve discussed the military culture where victims are blamed and assailants are promoted. And I’ve shared the personal stories of several women in order to shine a light on this ongoing epidemic. But it is not only our female service members being raped. Men are being victimized too. (July 20, 2011)
Heath Phillips discusses surviving military sexual trauma & respect (July 1, 2018)
Anya Parampil breaks down a report written by the RAND Corporation that shows that there is still a sexual assault crisis in the US military. Anya reviews the findings of the study, which states that sexual assault is most rampant in the Navy. Anya speaks with US Navy Veteran, Heath Phillips, who shares his own experiences with sexual assault in the Navy and offers solutions to end the epidemic. -RT America (September 24, 2018)
Documentaries:
When his commanders would not stop sexual assaults by his shipmates, Heath went AWOL and then accepted a dishonorable discharge to end his torture. Now he is speaking out to change the way military rape is handled. This is his story.
Oral history interview with Heath Phillips by Jason A. Higgins on June 12, 2018. This interview is part of the Incarcerated Veterans Oral History Project, with the support of the UMass Oral History Lab. In the interview, U.S. Navy veteran Heath Phillips discusses his early life growing up with a Vietnam veteran father; his motivations for joining the military at seventeen; recounts 10 months of sexual violence aboard the U.S.S. Butte; the impact of Military Sexual Trauma, PTSD, and an other-than-honorable discharge on his post-military life; incarceration and twenty years of alcoholism; his path toward recovery; and his advocacy for other survivors of sexual trauma. -Incarcerated Veterans Project
Claim: Sexual assault victims punished and lose health care benefits as a result.
HRW claims in their report that many service members lose their military career after being sexually assaulted & they have discharge papers that prevent them from getting health benefits.
DoD rejected the conclusions of the HRW report.
DoD states “they have many victims of sexual assault who receive honorable discharges from the military. There is a policy in place that offers assistance for anyone that reports a sexual assault. It is critical every survivor is treated with sensitivity that they deserve.”
Media states that victim was raped multiple times while serving her country and that they contacted the DoD and Army about her case, a case from 15 years ago.
She states that she was military intelligence, had lots of prescreening prior to enlistment. Promising path, requested by Chain of Command to apply to West Point. After first rape in military, her promising path turned to being retaliated against, and there were two more rapes for reporting the rape. It ended career with an illegal, bogus, discharge. Decade and a half later, still fighting to correct it.
On March 10, 2016 the United States Air Force Court of Criminal Appeals upheld United States v. Jane Neubauer, United States Air Force. Is this another case of federal government overreach and denial of due process rights? I think John Q Public‘s assessment of this case speaks volumes of the real issues behind the Command directed prosecution of an airman who blew the whistle after being recruited as an Office of Special Investigations (OSI) confidential informant. The same OSI office she exposed ended up investigating and assisting with her prosecution. This is yet another example of the importance of letting an impartial law enforcement official and prosecutor make decisions about whether to investigate, who should investigate, who to investigate, and whether or not they have the evidence to move forward with a case. The moment a military member asks for an attorney, all criminal justice communications with Commanders and their investigators must cease. Every accused military member should be represented by counsel and afforded their due process rights throughout the entire investigation including collection of evidence. Learn more about your due process rights here.
“There have been many sexual assault accusations far less credible than the accusation made by this Airman. Many that were enthusiastically pursued by prosecutors despite their frailty … many that did not result in disciplinary actions when they were revealed to have been false.
So, what was so special about this accusation?
Well, she was an OSI informant, and the situation cast OSI in an extremely negative light at a time when the OSI informant program was already under fire. The same organization that recruited her right out of BMT to help investigate drug activity at Keesler AFB conducted the investigation that eventually resulted in her prosecution.
If she’s wrong … if she’s bad … if she’s a liar … then obviously she’s the problem. She’ll absorb the negative attention and culpability … leaving OSI and its shady actions in this debacle comfortably out of the limelight.
Another example of prosecutorial inconsistency and arbitrariness in the USAF … demonstrating that it’s not operating an impartial justice system, but a score-settling control device on behalf of the chain of command.” ~John Q Public
Fort Carson prepares trained and ready expeditionary forces for deployment in support of Combatant Commander requirements, provides first class support to Soldiers and families, and enables unified action with community, state, and interagency partners for the greater good of our Soldiers and their mission.
Roman Alred, US Army (2016): One of Four Soldiers Charged with First-degree Burglary, Felony Menacing, and Child Abuse
ONE-FIFTH OF THE NATION’S MILITARY ISN’T PROTECTED BY REFORMS…
What happens to those accused of rape or sexual assault in the National Guard varies dramatically depending on what state you work in.
The National Guard is unlike any other branch of the military. Serving as the state militia, the governor is the commander in chief, not the president. During wartime or when they are sent overseas for a federal mission, guardsmen become federalized under Title 10 and receive all the benefits and protections offered by the U.S. Army or Air Force.
The Lackland Air Force Base sex scandal erupted in the 2011/2012 time frame. Sig Christenson, a reporter from San Antonio Express, slowly began to reveal the sex scandal issues at the basic military training facility in Texas and reported on most of the courts martials initiated by the Air Force. As a result of the escalating media coverage and other forces at play, it gave military sexual assault advocacy organizations a reason to request hearings in front of the House Armed Services Committee. Congressional hearings were held on January 23, 2013. Both General Edward Rice and General Mark Welsh testified at this hearing along with two retired Air Force women and Dr. David Lisak. In the end, 35 Basic Military Training personnel were courts martialed for allegedly abusing trainees or sex related offenses. Now that the dust has settled and some time has passed, whistleblowers have disclosed that the Air Force investigations trampled on due process rights. And individuals were railroaded with collateral charges which forced them to take plea deals to avoid excessive punishments. Two were found guilty of rape and sentenced to twenty years. The Air Force is being accused of going on a “witch hunt” after being politically motivated to clean up the basic training facility while under the watchful eye of the media, advocates, and Congress. This post was inspired by Never Leave an Airman Behind: How the Air Force Faltered & Failed in the Wake of the Lackland Sex Scandal by Lt Col Craig Perry, USAF Retired.
MILITARY JUSTICE FOR ALL 