Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)

“Sexual assault victims and victims’ advocates testified on the need for Congress to address prevention and handling of such cases in the military. The Senate Armed Services Subcommittee on Personnel convened the hearing and was considering various proposals, including making changes to the military justice system, to address how assault cases are prosecuted.”Sexual Assault in the Military | CSPAN.org (March 24, 2021)

Video:

Senate armed services committee holds hearing on sexual assault in the military
Senator Elizabeth Warren on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
How personal experience is guiding this military corp’s attempt to combat sexual assault
Sen. Gillibrand Pushes For Sexual Assault Reform In Military

Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:

Download Testimony here.

Chairman Gillibrand, Ranking Member Tillis, and Members of the Committee, I thank you for this opportunity.  

My name is Amy Braley Franck I have been working with victims of sexual violence since 2006.  Currently employed as Victims’ Advocate at 416th Theater Engineer Command.  

I am currently being retaliated against for reporting Command for illegally concealing and failing to report 3 violent Sexual Assaults to Law Enforcement.  

I have been on a paid suspension since 20 November 2019 the day after I emailed LTG Charles Luckey the evidence.  I emailed the same evidence to the Chief of Staff of the Army, GEN James McConville on 22 November 2019.  I also sent this evidence to the Chairman of the Joint Chiefs of Staff, GEN Mark Milley and DOD SAPRO Admiral Burkhart and Nate Galbreath.  This evidence mirrors what was documented in the Ft. Hood Report. 

Sexual assaults and violent rapes not reported to CID or Law Enforcement, there was retaliation against victims and reporters of crimes, no Case Management Group or attendance for over a year.  

I have been left in this “suspension” after protecting victims and reporting command for over 16 months completely ostracized and isolated in retaliation.   

This evidence was reported to the Office of Special Counsel and the DOD IG  

The Army’s Internal 15-6 process has impeded justice for my victims and myself.  This internal investigative process does not allow for transparency and should be abolished. 

17-year-old Private in Granite City, Illinois reserve center was raped resulting in broken bones.  She had to stand next to her assailant in formation.  The Command’s illegal 15-6 investigation was documented in a Memorandum for Record. 

For over a year no one assisted her until I was notified in June 2019 but after my suspension, that ended. 

Advocates are continually blocked by layers of Command from protecting their victims.  When Commanders ignore the advice of Advocates, we have no recourse.  There are no consequences for Commanders when they violate law.      

Documented by the number of murders and murders by suicide.  Nicole Burnham’s, Brigade Commander Col John Mountford left Nicole in the same barracks at Camp Casey with her offenders raped and later gang raped tortured for over 82 days before her Transfer was executed.  Nicole is dead. 

Staff Sgt. Morgan Robinson’s first offender is still serving in the Oklahoma Army National Guard.  Staff Sgt. Robinson’s report of 9 Special Forces Soldiers placing a covering over her head, dragging her out of a tent and gang-raping her. Never investigated.  

An outstanding Soldier committed Suicide; she was not protected.  

Lavena Johnson’s brutal murder has never been investigated. The Army still states that it was a suicide.  

16 years later the toxic culture again exposed with the murder of Vanessa Guillen.  

This is not isolated to Fort Hood, documented across all components of the Military.   

Ft. Campbell April 2020 another victim of a gang rape was arrested illegally by CID and denied counsel. 

MG Shadley retired alerted MG Donna Martin.  Nothing was done. 

Never Alone helped Soldier with Suicidal Ideations.  She is still fighting to clear her record.     

Fort Bliss, 31 December 2020 Pfc. Asia Graham was found dead. Asia’s offender is identified as an accused serial rapist.   Walking free no pre-trial confinement.  He continued to live in the same barracks on the same floor with Asia and was moved into Headquarters Company with Asia until her untimely death. 

Asia’s leadership failed to protect her after she reported her rape in February 2020 not June.  

PVT Richard Halliday is still missing from Ft. Bliss. 

When victims and victim advocates speak out about the broken process and illegal actions of commanders.  We face severe retaliation.  

All felony crimes murder, rape, sexual assault, domestic violence do not belong within the chain of Command’s control to investigate or prosecute.   

Kamisha Block’s death deemed friendly fire, she was murdered due to Domestic Abuse. 

The Abuse of Power is real. 

In Italy the Provost Marshal,LTC Michae Parsons Army Garrison filed an espionage charge in Italian Court against an Army Spouse, Michela Morellato.  Retaliation for exposing Gen Harrington resulting in his firing and demotion.  This retaliation was reported to GEN Milley and IG.  Nothing was done.    

Illegal internal 15-6 process.  Ability to redact investigations. None of us will ever know the truth or get justice.   

Just this week my own sexual assault by a 2-star general still under investigation was improperly released to be weaponized against another sexual assault advocate during an unrelated court martial. The military has no checks and balances.    

I was raised in the military and a proud mother of a Veteran.  I will not stop until our Military is a safe.  “Sexual misconduct is an abuse of power and force protection issue.  The inability of commanders to execute essential command functions of “protection” is a significant threat to the United States Military’s ability to protect this great Nation.”  Soldiers should Never be Alone.

Other Witnesses:
Ms. Amy Marsh, Military Spouse
Mr. Quinton McNair, Former SARC/SHARP Victim Advocate
Ms. Brenda S. Farrell, Director, Defense Capabilities And Management, GAO
Mr. Eugene R. Fidell, Senior Research Scholar, Yale Law School Adjunct Professor Of Law, New York University Law School
Colonel Don M. Christensen, USAF (Ret.), President, Protect Our Defenders
Colonel Lawrence J. Morris, USA Ret. (No electronic testimony submitted)

Honoring the Fallen:

Related Links:
Sexual Assault in the Military | C-SPAN.org
SASC Sexual Assault in the Military Hearings Press Release (March 24, 2021) 
Senate armed services committee holds hearing on sexual assault in the military
Senate panel holds hearing on sexual assault in the military | FULL HEARING
Senate Armed Services Committee hearing on sexual assault in the military
How personal experience is guiding this military corp’s attempt to combat sexual assault
Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
Gillibrand renews push for military sexual assault reform
Gillibrand launches new push to punish sexual predators in the military
Pentagon leaders have opposed plans overhauling the military system for trying sexual assault for years. Has the time come for change?
‘Just heartbreaking’: Sen. Gillibrand pushes for sexual assault reform in military
Editorial — Military injustice: Independent prosecutors should handle sexual assault cases
Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)
“They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says
Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)
Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)
Report of the Fort Hood Independent Review Committee (November 6, 2020)
New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation
Search Continues for Fort Bliss Soldier Reported Missing Over 200 Days
Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Find Richard Halliday | Facebook

Chair Jackie Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization (July 2, 2020)

Rep Speier NDAA.jpg

“Nearly two dozen major provisions offered by Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, were adopted during consideration of the annual defense policy bill by the Armed Services Committee this week.”

  • Authorize a System of Military Court Protective Orders: Allowing military judges and magistrates to issue court protective orders compliant with the Violence Against Women Act. The new judicial orders provide better protection and enforceability for servicemembers and family members experiencing intimate partner violence.
  • Initiate a Sexual Assault Prosecution Pilot Program at the Military Service Academies: A 4-year test of a new Chief Prosecutor would demonstrate whether assigning charging decisions for sexual assault and other special victims’ crimes to an independent expert outside of the chain of command would increase the willingness of survivors to report and the ability of the military justice system to hold perpetrators accountable.
  • Establish a Special Inspector General for Racial and Ethnic Disparities in the Armed Forces: A dedicated office to investigate underrepresentation of people of color among military officers and high-ranking enlisted servicemembers, racial disparities within the military justice system, and white supremacy among servicemembers.
  • Increase Representation of Women and People of Color in the Armed Services: The military would be required to establish specific goals to increase recruiting, accessions, and promotion of minorities and women, and to report to Congress on a plan to achieve these goals and their progress.
  • Address Bias by Anonymizing Candidates Before Military Promotion Boards: Redact all personally identifiable information, such as names and photographs, of servicemembers before promotion boards to remove the potential for conscious or unconscious bias.
  • Make Violent Extremism a Military Crime: A new article within the Uniform Code of Military Justice would bring greater consequences to servicemembers who perpetrate, plan, threaten, or conspire to commit violent acts with intent to intimidate or coerce a person or class of people, or the intent to impact government action or policy.
  • Track White Supremacy among Servicemembers: The military services would be required to improve tracking of white-supremacist and other extremist activity by servicemembers.
  • Establish a Military-Civilian Task Force on Domestic Violence: The task force would report to Congress with findings and recommendations to address intimate partner violence among servicemembers and military families, and DoD would be required to collect data on the prevalence of intimate partner violence.
  • Establish a Military-wide Safe-to-Report Policy: Clarify that servicemembers may report sexual assault without fear of being disciplined for related minor collateral misconduct such as drinking in the barracks.
  • Improve Coordination for Survivors of Sexual Trauma: Ensure a warm handoff for survivors when relocating between stations within the military or when separating from the military and transferring from service providers within DoD to resources within the Department of Veterans Affairs.
  • Improve Oversight of Military Sexual Assault Investigations: Require DoD to report to Congress all military sexual assault investigations that remain open more than 6 months along with the reasons for the delay.
  • Improve Oversight of Next Generation Body Armor: Require DoD to report on barriers to fielding next generation body armor that will provide better, gender-specific protection for military servicemembers.
  • Expand Child Care Options for Military Families: Address waiting lists, establish competitive pay for providers in high-cost areas, provide housing priority for military spouses that operate Family Care Centers, and expand the Financial Assistance Program to pay for in-home child care, such as by a nanny or au pair. Additionally, it requires 24-hour child care be provided on bases where servicemembers are required to work night shifts.
  • Improve Oversight of the Next Generation Interceptor Missile Defense Program: Require an independent cost estimate and two successful flight tests before buying.
  • Transparency of Contractor Ownership: Expand reporting requirements to identify the beneficial owner of contractors.
  • Strengthen Whistleblower Protections: Clarify that nondisclosure agreements do not prevent employees of government contractors and subcontractors from filing a whistleblower complaint.
  • Examine Equal Employment Opportunity: Require the Department of Defense to report on ways to improve the EEO process for DoD civilians.
  • Enact the Elijah Cummings Federal Employee Anti-Discrimination Act: Strengthen EEO protections and increase accountability for federal employees who are found to be responsible for discrimination.
  • Authorize Incentive Pay for Programming Proficiency: Develop a system to track coding language aptitude and proficiency by military servicemembers and DoD civilians and offer financial incentives for needed programming skills.
  • Investigate Suicide at Remote Military Installations: Require a Comptroller General report covering unique challenges of preventing suicide by military servicemembers and military family members at remote bases outside of the contiguous United States.
  • Examine Access to Contraception and Family Planning Education. Require DoD to issue a report on barriers experienced by servicemembers in accessing contraception and the status of implementation of new DoD requirements on reproductive health care, such as ensuring access to contraception for the full length of deployment.

Read more here.

Related Links:
Chair Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

Federal Criminal Complaint for Cecily Ann Aguilar, U.S. District Court, Western District of Texas (July 2, 2020)

Cecily Aguilar 1Cecily Aguilar 2Cecily Aguilar 3Cecily Aguilar 4Cecily Aguilar 5

Related Links:
Federal Criminal Complaint for Cecily Ann Aguilar, U.S. District Court, Western District of Texas (July 2, 2020)

15 Movies and Documentaries That Expose the Broken Military Justice System

A Few Good Men (Sony Pictures):

Lt. Daniel Kaffee (Tom Cruise) is a military lawyer defending two U.S. Marines charged with killing a fellow Marine at the Guantanamo Bay Naval Base in Cuba. Although Kaffee is known for seeking plea bargains, a fellow lawyer, Lt. Cdr. JoAnne Galloway (Demi Moore), convinces him that the accused marines were most likely carrying out an order from a commanding officer. Kaffee takes a risk by calling Col. Nathan R. Jessep (Jack Nicholson) to the stand in an effort to uncover the conspiracy. -A Few Good Men, Sony Pictures Entertainment (December 9, 1992)

About | A Few Good Men | Sony Pictures Entertainment (Drama)

Soldier’s Girl (Showtime):

New Army recruit Barry Winchell is assigned to a base in Tennessee. One night out to a local bar hosting a drag show. Calpernia Addams an in-transition transsexual drag queen, fascinates Barry, and they strike up a relationship. -Soldier’s Girl, Showtime (January 20, 2003)

Showtime Entertainment Released ‘Soldier’s Girl’: Based on the True Story of the Murder of Fort Campbell Army Pfc. Barry Winchell

In the Valley of Elah (Warner Bros):

“In the Valley of Elah” tells the story of a war veteran (Tommy Lee Jones), his wife (Susan Sarandon) and the search for their son, a soldier who recently returned from Iraq but has mysteriously gone missing, and the police detective (Charlize Theron) who helps in the investigation. -Warner Bros. (September 14, 2007)

Warner Bros. Premiered ‘In the Valley of Elah’: Based on the True Story of the Murder of Fort Benning Army Spc. Richard T. Davis

The Tillman Story (The Weinstein Company):

Pat Tillman never thought of himself as a hero. His choice to leave a multimillion-dollar football contract and join the military wasn’t done for any reason other than he felt it was the right thing to do. The fact that the military manipulated his tragic death in the line of duty into a propaganda tool is unfathomable and thoroughly explored in Amir Bar-Lev’s riveting and enraging documentary. -The Tillman Story (August 20, 2010)

The NFL, the MilItary, and the Hijacking of Pat Tillman’s Story

The Wounded Platoon (Frontline PBS):

The Wounded Platoon

Since the Iraq War began, soldier arrests in the city of Colorado Springs have tripled. FRONTLINE tells the dark tale of the men of 3rd Platoon, Charlie Company, 1st battalion of the 506th infantry, and how the war followed them home. It is a story of heroism, grief, vicious combat, depression, drugs, alcohol and brutal murder; an investigation into the Army’s mental health services; and a powerful portrait of what multiple tours and post-traumatic stress are doing to a generation of young American soldiers. –The Wounded Platoon (May 18, 2010)

Frontline PBS: The Wounded Platoon Documentary [Full Episode]

On the Dark Side of Al Doura (Maverick Media):

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 (2011)

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

The Invisible War (Cinedigm):

The Invisible War is a groundbreaking investigative documentary about one of our country’s most shameful and best kept secrets: the epidemic of rape within our US military. Today, a female soldier in Iraq and Afghanistan is more likely to be raped by a fellow soldier than killed by enemy fire with the number of assaults in the last decade alone in the hundreds of thousands. -The Invisible War (June 22, 2012)

Military Rape Documentary Funded and Distributed by “Serial Predator” and Hollywood Movie Executive Harvey Weinstein

Women of War Documentary (Sundance Films):

Military Sexual Trauma or M.S.T. has been a fixture in the military for as long as human war has existed, and is still quite prevalent even in today’s modern military. This feature length documentary uncovers the origins and offers solutions to M.S.T. -Women of War Documentary (February 4, 2013)

Women of War Documentary, Phil Valentine [Full Episode]

The Frozen Ground (Grindstone):

“The Frozen Ground” is inspired by the incredible true story that follows Alaskan State Trooper Jack Halcombe (Nicolas Cage) as he sets out to end the murderous rampage of Robert Hansen (John Cusack), a serial killer who has gone unnoticed for 13 years. As the bodies of street girls start to pile up in Anchorage, fear strikes a chord with the public. -The Frozen Ground (August 23, 2013)

Serial Killer & Army Reserve Veteran Robert C. Hansen Died of Natural Causes While Serving Out a Life Sentence in Alaska State Prison

The Silent Truth (Midtown Films):

Ninety-four US military women in the military have died in Iraq or during Operation Iraqi Freedom (OIF). ‘The Silent Truth’ tells the story of one of these women, PFC LaVena Lynn Johnson, who was found dead on Balad Air Force Base in Iraq. The army claimed she shot herself with her own M16 rifle, but forensic evidence, obtained by the Johnson family through the Freedom of Information Act, brings the army’s findings into question. The Army refuses to re-open LaVena Johnson’s case, leaving the family in limbo. ‘The Silent Truth’ follows the Johnson’s pursuit of justice and truth for their daughter. -The Silent Truth Documentary (July 1, 2014)

‘The Silent Truth’ Documentary: The Rape, Murder & Military Cover-Up of Army Pfc. LaVena Johnson in Iraq

The Kill Team (PBS Independent Lens):

The Kill Team looks at the devastating moral tensions that tear at soldiers’ psyches through the lens of one highly personal and emotional story. Private Adam Winfield was a 21-year-old soldier in Afghanistan when he attempted with the help of his father to alert the military to heinous war crimes his platoon was committing. But Winfield’s pleas went unheeded. Left on his own and with threats to his life, Private Winfield was himself drawn into the moral abyss, forced to make a split-second decision that would change his life forever. -The Kill Team, (July 25, 2014)

The PBS Documentary ‘The Kill Team’ Reveals How the Military Justice System Operates in Response to Media Scandals

Gangs in the U.S. Army (A&E Television):

Sworn to protect us from every enemy, foreign and domestic, and every day the majority of soldiers do just that ! yet some units are being compromised and turn into street gangs. An FBI report recently showed an increased gang activity within US soldiers. -Gangs in the U.S. Army Documentary (2017)

Gangs in the Military: Armed and Dangerous Forces

The Kill Team (A24):

When a young US soldier in Afghanistan witnesses other recruits killing civilians under the direction of a sadistic sergeant, he begins to fear that the men he’s serving with might be the ones to kill him. -The Kill Team (October 25, 2019)

‘The Kill Team’ Movie Released: Based on the True Story of Army Whistleblower Adam Winfield

Leavenworth (STARZ):

Academy Award-winning filmmaker Steven Soderbergh and executive producers Paul Pawlowski and David Check tell the story of First Lieutenant Clint Lorance. Watch the Official Trailer for the upcoming STARZ Original Docuseries, Leavenworth, premiering October 20 on the STARZ App. (August 28, 2019)

STARZ Premiered ‘Leavenworth’: Docu-Series Examines Army 1st Lieutenant Clint Lorance Afghanistan ‘War Crimes’ Case

Ready for War (Showtime):

Andrew Renzi sheds light on the lives of three of the estimated thousands of immigrants who volunteer for service in the American military, yet find themselves deported from the US once their tours of duty are over. -Ready for War, Showtime (November 22, 2019)

The ultimate threat for deported U.S. veterans? Drug cartels, new documentary says

‘The Kill Team’ Movie Released: Based on the True Story of Army Whistleblower Adam Winfield (October 25, 2019)

When a young US soldier in Afghanistan witnesses other recruits killing civilians under the direction of a sadistic sergeant, he begins to fear that the men he’s serving with might be the ones to kill him. -The Kill Team (October 25, 2019)

“When Andrew Briggman (Nat Wolff), a young soldier in the US invasion of Afghanistan, witnesses other recruits killing innocent civilians under the direction of a sadistic leader, Sergeant Deeks (Alexander Skarsgård), he considers reporting them to higher-ups — but the heavily-armed, increasingly violent platoon becomes suspicious that someone in their ranks has turned on them, and Andrew begins to fear that he’ll be the next target.” –The Kill Team, A24 Films

Editor’s Note: If you would like to see ‘The Kill Team’ documentary released in 2014, please click here to watch the trailer and here to watch it on Prime Video (included with Prime). If you would like to see ‘The Kill Team’ movie released in 2019, please click here to rent or purchase it on Prime Video.

Related Links:
The Kill Team | A24
The Kill Team | Facebook
The Kill Team Movie (2019) | Prime Video
The Kill Team Documentary (2014) | Prime Video
Afghanistan War Movie The Kill Team Is an Absolutely Essential Documentary
Tribeca Film Review: ‘The Kill Team’
‘The Kill Team’: Tribeca Review | Reviews | Screen
Trailer for ‘The Kill Team’ spotlights Afghanistan war murders of 2010
‘The Kill Team’ and the Moral Injury of War: A Talk With the Film Director
‘The Kill Team,’ now a feature, revisits one of the most disturbing tales of the Afghanistan war
‘The Kill Team’ Star Nat Wolff and Director Dan Krauss on the Need to Protect Whistleblowers
‘The Kill Team’ Review: Bullying on the Battlefield
‘Kill Team’: The Documentary the Army Doesn’t Want You to See
‘Kill Team’ tells tough war story about a hard choice
The American Military Is Put Under a Microscope in ‘The Kill Team’ Trailer
‘The Kill Team’ Review | Hollywood Reporter
Inner Life, During Wartime: ‘The Kill Team’
‘The Kill Team’ Film Review: Nat Wolff’s Soldier Has a Crisis of Conscience in Afghanistan
Why Dan Krauss Turned His Documentary, ‘The Kill Team,’ Into A Feature Film
‘The Kill Team’ Review: Nat Wolff Leads a Harrowing Look at What it Means to Be ‘Army Strong’
The Kill Team Follows American Troops Intentionally Murdering Innocent Afghans. It’s Based On a True Story.
‘The Kill Team’: Dan Krauss’ War Film Spotlights Moral Questions Instead Of Non-Stop Action [Review]
‘The Kill Team:’ Skarsgard excels in the film based on a true story and the 2014 Krauss documentary
Review: The Kill Team Seeks to Dispel the Illusion of a Clean War
‘The Kill Team’ review: Afghanistan war film is punishing to watch
“The Kill Team” offers atrocities, but little insight into wartime murders of civilians
Review: ‘The Kill Team’ fails to match intensity of documentary account of war crimes
The Kill Team is a bleak but unspecific war drama
U.S. Soldiers’ War Crime Gets Hollywood Treatment
The Kill Team Tells a Familiar Story from a Different Angle
Interview: Dan Krauss on Going Deeper Inside “The Kill Team”
Alexander Skarsgard talks ‘The Kill Team,’ Meryl Streep and his famous father
The Kill Team Movie Review – Common Sense Media

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

Screen Shot 2016-07-28 at 12.35.17 PM

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.

Continue reading

United States Air Force Court of Criminal Appeals Upheld United States v. Jane Neubauer, US Air Force (2016)

Retaliation

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

Related Links:
United States v. Airman Basic Jane M. Neubauer, United States Air Force
Spies, Lies, and Rape in the Air Force: An Undercover Agent’s Story
Undercover Agent Says the Air Force Is Retaliating Against Her After She Was Raped
Air Force undercover informant claims she is being hounded out of the service after being raped while trying to root out drug rings
Gillibrand Reacts to Air Force Rape Case First Reported by The Daily Beast
The Pentagon’s shameful culture of sexual assault can still be uprooted
Air Force Charges Ex-Informant With Lying About Her Rape
Keesler Air Force Base ex-informant loses appeal
Former Air Force informant who made false rape charge loses appeal
Former Air Force Informant Who Made False Rape Charge Loses Appeal
Honor and deception: A secretive Air Force program recruits academy students to inform on fellow cadets and disavows them afterward
Air Force Cadet’s Secret Story: I Blew the Whistle on Football Players and Sex Assaults
Hearing testimony reveals subterfuge of Air Force Academy informant program
Informant Debate Renewed as Air Force Revisits Cadet Misconduct
Air Force Academy: Please Reinstate Cadet Eric Thomas and Reform the Confidential Informant Program!

NBC Washington: 62 Percent of Military Sex Assault Reports Result in Retaliation (May 18, 2015)

Punishing the Victim Retaliation NBC Washington.jpg

“One of the women interviewed was Lt. Col. Teresa James, the highest ranking officer to come forward with a rape claim in the National Guard, according to a recent report by the Guard. The News4 I-Team first brought you her story when she said she believes her 34-year military career with the West Virginia National Guard was destroyed after she reported her rape. Lt. Col. James attended the news conference and told the I-Team, ‘There’s nothing else they can do to hurt me. They did everything they could possibly do. It’s effecting change. That’s why I’m out today. It’s effecting change, and if I have to speak it, shout it from the rooftops, that’s what I’m going to do.’ Read more from NBC Washington here.

Related Links:
Serving in Silence: Sex Assault Retaliation Complaints Investigated
62 Percent of Military Sex Assault Reports Result in Retaliation
Troops who report sexual assault face retaliation
Highlights of Army National Guard Lt. Col. Teresa James’ Military Sexual Assault and DoD IG Substantiated Retaliation Case
DoD Retaliation Prevention and Response Strategy: Regarding Sexual Assault and Harassment Reports
DoD Retaliation Prevention and Response Strategy Implementation Plan
Military Sex Assault Reports Edge Up; Retaliation Persists
DoD Releases Annual Report on Sexual Assault in Military
Department of Defense Annual Report on Sexual Assault in the Military
Military Sexual Assault Reports Are Up for the Seventh Year in a Row
Pentagon: Claims of Retaliation for Sexual Offense Complaints on Rise
Reports of Military Sexual Assault, Retaliation Increase
The Biggest Obstacle to the Pentagon’s War on Sexual Assault: The Military Justice System
Military sexual assault reports rise in 2017 but fewer servicemembers faced courts-martial
Sexual assault, harassment spikes at military academies, strategies fail to stem crisis
Reports of sexual assault in the military soar
Pentagon report shows sharp rise in military sexual assaults
Sexual assaults in military rise to more than 20,000, Pentagon survey says
“A cultural rot”: Sex assaults spike at U.S. service academies
Defense Department to make sexual harassment a crime
‘It was rape:’ Wisconsin Army National Guard officer Megan Plunkett says she was retaliated against, disciplined for reporting sexual assaults
Gabbard says ‘there is still a fear of retaliation’ in the military about reporting sexual assault
Senators Hirono, Gillibrand Reintroduce Legislation to Bring Justice to Survivors of Sexual Assault in the Military
Sexual assaults in the military are on the rise. This bill would authorize Congress to intervene
Sexual Assault in the Military | C-SPAN.org

A Very Realistic Military Game | Inside Amy Schumer (August 26, 2014)

Amy discovers that her boyfriend’s war game unfolds very differently when the player chooses a female character. -Inside Amy Schumer, Comedy Central (August 26, 2014)

The sketch says it all… there’s a reason the majority of service members don’t report crime. Character assassination and retaliation is real for both male and female victims of crime in the military. Their lives, reputations, careers, and futures are dependent on the actions of the convening authority who has the power to do nothing. In the civilian world, after reporting a crime to the local police department and evidence is gathered, a prosecutor determines whether or not a case moves forward in the judicial system. The Military Justice Improvement Act (MJIA) attempts to mirror this process and was reintroduced in June 2019, yet again was not allowed on the Senate floor for a vote. The last cloture vote on the way the military should handle felony crimes was on March 6, 2014. Invoking cloture means 60 Senators or two-thirds is required for passage of a bill as opposed to the majority of Senators. The biggest opponents of the MJIA were former Senator Claire McCaskill (D-MO) and former Senator Kelly Ayotte (R-NH), both since voted out of the Senate and replaced by Senator Joni Ernst (R-IA) and Senator Martha McSally (R-AZ). This pair of military officers are proponents of keeping the Chain of Command involved in the decision making process of adjudicating felony crime despite what the majority of military sexual assault survivors have asked for because the fear and retaliation continues. Meanwhile, the fight for military justice reform rages on. #PassMJIA

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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)