“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)
Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:
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.
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.
It is with a heavy heart that I sit here today. Because, I am not only speaking for myself but I am speaking for thousands and thousands of male and female survivors, both military and civilian, whose lives have been forever altered by the military’s sexual assault epidemic, a culture that punishes the victim, and a broken military justice system.
Core issues must be addressed. The military justice system elevates an individual’s discretion over the rule of law. The system is encumbered with personal bias, conflicts of interest and abuse of authority. The cycle of repeated scandals, self‐investigations, and ineffective reforms must be broken. Click here for full House Armed Services Committee testimony.
I want to recognize the service members who have not survived due to non‐combat deaths, murder, and suicide and their families who are still waiting for answers. -Jennifer Norris, USAF Retired
Please note the same day of the military sexual assault hearings before the House Armed Services Committee on January 23, 2013, Secretary of Defense Leon Panetta announced the Pentagon was lifting the women in combat ban.
Technical Sergeant Jennifer Norris Testifies Before Congress
I am older now and I have had a lot of time to reflect back on what happened to me. And it is now evident to me that I am one of many who have experienced the same kind of treatment simply because I reported sexual assault by a fellow, higher-ranking soldier.
I was raised by a father who worked hard as a logger his entire life. He taught me early in my childhood that I was equal with my brothers. I was expected to help prepare the firewood every season, I was expected to help mow the fields, and I was included in any and all activities. I grew up in a small town and never once experienced someone trying to harm me in a violent way or discrimination based solely on my gender. I grew up with a sense of confidence and determination that I could do anything I wanted to with my life. That is the American dream, right?
I learned quickly after joining the USAF that I had stepped into a whole new world, one that eventually made me feel like I was dealing with an underground mob. Shortly after I enlisted, I was invited to a “new recruit” party. I was really excited to attend so that I could meet others who were also going through the excitement and fear of becoming a soldier. Instead I became the victim of a calculating predator who used the “party” as a way to set up his attack. And, as I commonly see in many of the cases in my work as a victim advocate, he used alcohol as his weapon. When he was unable to pressure me to drink, he used whatever means necessary to incapacitate his victim. When I was raped, I was chemically restrained and could not move; yet I knew what was happening to me. In my work as a victim advocate, I frequently saw this same modus operandi.
I didn’t report that crime and here is why. I could not face that it happened. I didn’t want to start out my military career like that and so I determined that I would never talk about it to anyone. From that day forward, I avoided the recruiter at all costs and soldiered on. I have never seen him since.
I had an amazing basic training experience at Lackland. My military training instructor was SSgt Knight and this professional NCO taught me how to be a good follower and he also believed in my leadership skills.
The majority of the people that I served with were amazing, inspiring individuals who truly were dedicated to the mission. But just like me, there are far too many who fall victim to manipulation and abuse of authority by perpetrators who are higher ranking and have more credibility with those who are in charge. We have no choice but to acquiesce when under the leadership of a heavy fisted Chain of Command.
I was assaulted a second time at Keesler Air Force Base after Basic Training by my instructor. I was attending Satellite and Wideband Communications technical school. I was there for 6 months. While there, I learned very quickly that if you reported sexual harassment, assault, or were offended by someone’s lewd and crude remarks that you will be quickly turned out of the Air Force. So, I planned to get through it, go back home and serve with the Maine Air National Guard, where I thought I would be safe. I just sucked it up and kept my mouth shut so I could graduate. I watched an Active Duty Air Force female, who to this day is one of my best friends, get swiftly booted from the military, after she reported that one of her instructor’s made derogatory remarks to her during class. This girl was 19 years old. The military training managers engaged in what appeared to be a witch-hunt and looked for anything and everything to kick her out. In the end, they were successful. Today she suffers severe PTSD from this experience.
A few very significant things happened while I was at Keesler. One of the female airman that I was going to school with admitted that she had sex with her recruiter. This conversation was in the presence of another Maine Air National Guardsman who shared that the same recruiter who raped me had also sexually assaulted his cousin, who as a result did not join the military. When he explained to me how it occurred, my blood began to boil with rage because I recognized the pattern immediately. The recruiter had done the same thing to me and I determined I was going to press charges against him, when I returned home, to stop him from harming anyone else.
The Post Traumatic Stress, which I didn’t realize I had, kicked in to overdrive after learning this information. I wanted to take action. I did an impulsive thing. I called up the recruiter who raped me and told him I was going to press charges against him and that I knew what he had done to another girl as well. He quickly hung up on me. My thinking was maybe just maybe he would be too scared to try this again.
About two weeks before graduation from Keesler, I was performing a maintenance loop on a mobile satellite communications van as part of the testing to move on to the next block. I had it down. I loved my job and everything stuck. For this test, we needed to step inside the enclosed satellite communications maintenance van. The instructor shut the door and stood there with his clipboard behind me while I configured the van. Shortly after starting the task, he came up from behind me, attacked me, pushed me into the wall of the van, rubbed his groin area on my body and whispered in my ear, “let me help you, let me help you.” Those words trigger me to this day.
I got angry, I flipped out and pushed him away and told him not to touch me ever again. He was surprised and didn’t say a word. My fight or flight response had kicked into overdrive and my anxiety was so high that I was shaking while I finished configuring that van and waited for him to give me permission to leave the enclosed van. But, I did it. I passed the test.
Unfortunately, it did not end there. This TSgt told me to stay behind after class. Because I could not disobey a direct order without consequences, I stayed only for him to tell me that he was going to fail me for attitude even though I passed the final test. I immediately broke down and started crying. All I could say is why are you doing this to me? Why? I begged him to reconsider. He told me to report the next morning an hour before the rest of the class and he would reconsider. I did not do as ordered.
Instead of going to school the next morning, I went to the Air National Guard liaison, who I had established a nice relationship with, and I informed her that my instructor wanted to fail me for attitude, despite passing my test. The Guard gave the TSgt. a call. He acquiesced and I was told to report to my next class. While at technical school training at Keesler, I never saw him again. I did not report this crime for a number of reasons. First I witnessed first hand what happens when you report that type of behavior. Second, I was only two weeks away from graduation, and, third, I did not want an investigation launched and risk being stuck on that base with that predator. Lastly, I did not want to be stigmatized as a female who alleges sexual assault before I had even entered the operational Air Force. These fears and attitudes exist to this very day.
When I got back to the Maine Air National Guard, the recruiter was gone. He had quit his full time AGR position, which rarely happens in the National Guard. He was a MSgt and he effectively gave up his career and his retirement. He moved to North Carolina. I was so relieved that he was gone. Again, I did not report because I knew I could potentially lose my career. I let myself become excited about starting my new career. I planned on staying in for 20 plus years and despite being raped and assaulted in the first year of my career, I loved being in the military, I loved my job, and I loved being a part of a family and a team.
I thought I would be safe at the Maine Air National Guard. The Commander put me to work as soon as I got back from Technical School to help me transition back into civilian life and I totally excelled and became a superior performer. As a result, unbeknownst to me my Commander asked my NCOIC to coordinate hiring me as temporary federal technician. My NCOIC notified me and began the hiring process. I was ecstatic beyond belief and made the most money I had ever made for doing a job I loved!
Shortly after beginning my job, I noticed that the Maintenance Superintendent, also my NCOIC, and boss began treating me differently than the guys. It made me feel uncomfortable, because I didn’t want the guys I worked with to be resentful. But, I also knew that I was a great troop, so I ate up all the extra responsibility that was assigned thinking he must recognize that I am a true leader. No, that was not the case at all. Eerily similar to the recruiter, my NCOIC was beginning to set up his attacks. He began assigning me jobs that would isolate me so that he could make his move. He would give me the assignment, then show up unexpectedly to “check in on me,” but instead forced himself on me every chance he got. I could not escape. The abuse escalated over time and he became more abusive the more I resisted and told him NO. His attitude was that I should be flattered that he wanted me. I was in pain. I was there to do a job, to serve my country, why must I deal with this?
The more I fought him off and begged him to stop, the more he would escalate. He regularly forced himself on me, but when I fought back, he called me names and belittled me. He would tell me that my breasts were too small and tell me that it would be in my best interest. I was too scared to report this behavior because he was the Commander’s right hand man. And in the military, rank does come with its privileges including the higher rank you are the more credibility you have with the Commander. After what happened with the recruiter and the technical school instructor, I was already fearful of rank and abuse of authority.
Meanwhile, while my NCOIC was sexually assaulting me and abusing me during the week, there was another National Guardsman, who was considered a weekend warrior, doing the same exact thing to me. I did my best to stay clear of both but they would sneak up on me when I was least expecting it. It was like it became a sick game for them. To this day, I cannot handle anyone coming up behind me or hovering near me. I watched both of them escalate while I felt powerless to do anything about it, if I wanted to save my career. After a while, they did it in front of people as well and nobody said or did anything. Why would bystanders put their career at risk for me? I felt totally isolated.
One night when my NCOIC attempted to rape me in a drunken rage, I started screaming and someone heard me. I escaped but I fell apart. I turned into an emotionless robot. I continued to do a good job but I was dying inside. My attitude began to suffer. I was looking for a way out. One day, one of the professional NCOs in our squadron approached me and said he was concerned about me. I had just received an award for Superior Performer during an Operational Readiness Exercise, but I wanted to get out and he wanted to know why. All it took was that one person showing genuine concern and care for the floodgates to open.
I immediately started crying and opened up to him forgetting that by military law, he was supposed to report any crimes that he became aware of. I begged him not to report because I was afraid that it would end my career. He told me if I did not report that he would. I then reported all four of the perpetrators to my Commander.
The Commander initially doubted me. It was not until after I provided him with proof that he raised from a seated position in anger and screamed with powerful emotion, “he betrayed me.” The Commander then told me he had instructed my NCOIC to hire me because of my excellent work performance. We discussed the recruiter and he admitted he was confused why the recruiter suddenly gave up his career and retirement, but it all made sense to him now. All of these predators appeared to be stellar troops. All of them had histories of sexually assaulting others.
In many ways, I am one of the lucky ones, which is sad to say. My Commander believed me. He did the best he could to handle the case against my NCOIC and the National Guardsman given the complexities involved. He strove to be fair, neutral, and impartial. I was forced to leave the Squadron if I wanted to be safe, while he conducted the investigation. Because he could only investigate on Guard weekends, the case got dragged out for months. While I was isolated at Headquarters, the two predators were able to stay and inject their version of how things went down. They had all that time to convince many in the squadron that I was the bad guy. After they admitted guilt the day prior to the administrative hearing, they were both forced to leave my squadron and I was allowed to return.
Sounds like a success story right? Wrong. My Commander deemed the crimes sexual assault. When the crimes were reported to the Adjutant General for the state, it somehow became sexual harassment. Our only recourse was to file an EEO complaint. I filed the complaints against two of the four perpetrators, because we didn’t have jurisdiction over the Active Duty Air Force Technical School Instructor and the Recruiter had skipped town. I had no one assisting me.
I was contacted by one of the perpetrator’s lawyers both on the phone and in writing. I never responded. While waiting for the investigation to conclude, I was physically attacked by a friend of one of the perpetrator’s. I pressed charges but unfortunately the civilian authorities did not pursue the case. I told my Commander and he said there was nothing he could do because it happened off base. The day before I was to go to the Administrative Hearings for the “trial” of my NCOIC and the National Guardsman both of them copped a plea. They agreed to the punishments that the Commander recommended. The Commander told me they were willing to plead guilty. He asked if I was okay with it so he could proceed with removing them from the Squadron. I was so tired and beat down by this point that I just wanted it to be over. I wanted to go back to work and resume the career that I loved. When I agreed to the terms of the punishment it caused the EEO complaint to be withdrawn. Therefore, the Maine Air National Guard either didn’t have to report the crimes at all to the Pentagon or they could report the crimes as sexual harassment.
The punishment imposed by the Commander was that both perpetrators were permitted to agree to resign in lieu of Administrative Hearings, which would have become a matter of public record. I wasn’t offered the chance to proceed with a court martial. I was glad they were gone, but the reason I pressed charges was to prevent any other woman from having to go through this. My efforts were futile. I was told that because my NCOIC had over 18 years of service that he was allowed to stay in the military until he reached his twenty years. When he reached his twenty, he would be forced out. No sex offender record, nothing. Because we didn’t have as much evidence against the other perpetrator, the National Guardsman, he was kicked out of the Maine Air National Guard and given a Letter of Reprimand (LOR). He was discharged honorably; he joined the New Hampshire Air National Guard. Ironically, the last time I saw him he was in charge of a training conference I was attending and he was a MSgt working at the Pentagon. Both of these perpetrators retired with full military benefits. Meanwhile, I was retaliated against by the enlisted Chain of Command.
In 2006, the NCO in the Maine Air National Guard, who had me physically beat, was found guilty of manslaughter and leaving the scene of an accident in another case. But because he had a top-secret security clearance he somehow got off. And as I went back to my squadron, I had to work with this man. I tried to pull myself together and continue with my career, but instead I was met with resistance from almost everyone I encountered. I was the bad guy, because I made the predators lose their jobs. As a cruel joke, men literally hugged the wall as I passed by pretending I might falsely accuse them of assault. I was treated like a leper. I was pulled from leadership positions. I was denied training I needed to become eligible for my SSgt stripe. I continually asked to complete my training and was called a spoiled brat, by the Officer in Charge. And I was assigned menial tasks that isolated me. By this time, the Commander who investigated the case had been promoted to Headquarters and a new Commander was in charge. He depended heavily on the enlisted chain of command and was willing to sell me out for the mission.
I felt like an outcast and people did not hide their disdain for me. I had no more fight left in me. I didn’t want to give up my career, so I transferred to the Massachusetts Air National Guard, which was a four-hour drive one way. It was the only way to continue my career progression and promotions. I needed to remain in the same career field, at least until I was a TSgt.
I went from one snake pit to another. My old squadron called up my new squadron and informed them that I was a “troublemaker.” A person, in my enlisted chain of command, shared this with me when I asked why everyone in my Chain of Command was treating me so badly. I was met with resistance from the get go, despite the fact that I was a super troop and worked very hard at my job. While serving at the Massachusetts Air National Guard, I experienced gender discrimination. I was held to double standards. If others came in late, it was no big deal. If I came in one minute late, I was getting hauled into an office for a big meeting with 3 or 4 people. My new Commander recognized my skills and considered me a subject matter expert. He even hired me during the week to help keep things running smoothly because of the multiple deployments the squadron endured after 9/11. I helped keep things running smoothly back home and continued to train all the new airmen that came into the squadron. We had a lot of folks leave after their first deployment and the only ones left were the ones who wanted to be there. As a result, we got a lot of new airman.
My new squadron Commander recognized that I was a superior performer and promoted me to SSgt shortly after transferring to that base. The Maine Air National Guard would not give me my SSgt stripe claiming that I lacked leadership skills, despite the fact that I was an Airman Leadership School instructor, not only met the standards but exceeded them, including going to Airman Leadership School in person, unlike a lot of National Guardsman. And, I had to fight the Massachusetts Air National Guard for my TSgt stripe despite the fact that I had not only met the standards but also far exceeded them. I had become a very effective satellite communications trainer and had a record set up time. The straw that broke the camel’s back was the day that my NCOIC told me that he was going to make one of the Airman that I trained the Team Chief. I had 8 years in the field, while this airman had only two. I demanded to see the First Shirt regarding this issue because I didn’t want to turn this into an EEO issue.
My Chain of Command eventually acquiesced and gave me my TSgt stripe and the Team Chief position. I was the most qualified to do the job. But, this job came with big consequences. Instead of supporting me in my position, I was overworked, blamed for things out of my control, and not respected. I was left with no support or direction so I had to come in during the week and teach myself. After teaching myself, I would then create standard operating procedures to help train my troops. I always trained myself out of a job because I took serving seriously. If anything was to happen to me, I needed to have people that could seamlessly pick up where I left off.
After months of setting me up to fail they threatened to pull my TSgt stripe from me as a punishment for “substandard performance.” They had been planning it for quite some time because by this time, they had the Commander on their side and I didn’t stand a chance. As a result, I filed an EEO complaint against my NCOIC for gender discrimination. I chose to report informally because I had been through a formal reporting process before. I did not have the energy.
My Commander conducted his investigation and determined that my allegations could not be substantiated, but in the same breath told me that I could have anything I wanted. All I wanted was to go to my planned NCO Academy School and be transferred out of that squadron. I also no longer wanted to work for my abusive and belittling boss and refused to return back to satellite communications. Again, not a huge victory but at least I was able to escape that horribly oppressive environment. By this time in my career, I was beginning to unravel and feel completely ready to break. I decided to transfer back to the Maine Air National Guard and this time I chose a critical career field where women might be treated a little better than in the maintenance field. My boss was promoted to SMSgt shortly after.
I met my husband at Keesler while attending another training school in 2001. We finally made the commitment to one another in 2005 even though I realized I was severely damaged by the rape, sexual harassment, sexual assault, abuse, retaliation, and gender discrimination. Love is the only thing that pulled me through this relationship, because I was literally incapable of having interpersonal relationships. I was hardened, damaged, hyper vigilant, and defensive.
Because of him, I reached out to the VA when I found out that they finally were treating Military Sexual Trauma. I have been getting counseling and treatment at the VA since 2006. As a result of getting that help, I was forced to list on my security clearance form that I was receiving counseling for military sexual trauma. The security clearance folks wanted a release of information signed so they could gain access to my medical records from the VA. I signed them, out of fear. But, then called the VA and revoked it, essentially ending my career. I did not want to jeopardize my future career opportunities because I had been labeled and diagnosed with PTSD from military sexual assault.
After being medically retired from the Air Force for PTSD due to MST, I felt like a fish out of water. I had no purpose in life. I was taking a ton of prescription medications, to help me feel less angry, depressed, and help me live without constant anxiety and fear. I felt like I had lost my life’s dream and there was no reason to live anymore. I came very close to ending my own life, because I felt broken, damaged, and unsure of myself. I literally felt like I was invisible and what I thought or felt did not matter. I wanted to die because I basically got fired for being raped.
Working with veterans and active duty personnel who are victims of military sexual assault, I came to recognize that I had been shamed into silence. My fellow veterans helped me find my voice again.
If anyone ever tells you that women are the weaker sex, don’t you believe it.