20 Nov 2013

Floor Statement of U.S. Senator Chuck Grassley on the Gillibrand Military Justice Improvement Act Amendment

By Grassley Press

Wednesday, November 20, 2013

I would like to reiterate my strong support for Senator Gillibrand's reforms to the Military Justice System.  I am proud to be an original cosponsor of the Military Justice Improvement Act and I should add that it has been a pleasure working with Senator Gillibrand on this issue.  Her passion and commitment to rooting out sexual assault in the military is inspiring.  I should also add that I appreciate the work of the Armed Services Committee, which added a large number of common sense reforms to the underlying bill.  In fact, some of them are so common sense that you have to wonder why the military hasn't adopted them or asked for legislation to do so before now.  For instance, the bill before us provides that people convicted of certain sexual assault offenses may not join the armed forces, requires the mandatory discharge from the armed forces of any member convicted of certain sexual assault offenses, and directs a comprehensive review of the adequacy of training pertaining to sexual assault prevention and response.

The bill also has a number of provisions to address concerns about commanding officers not handling sexual assault charges properly, but still keeps the judicial process in the chain of command.  We feel that this is inappropriate.  We've tried working within the current system.  This isn't a new issue.  Military leaders have been making emphatic promises about tackling the problem of sexual assault for years and years, but the problem only seems to be getting worse.  What's more, the current system appears to be part of the problem.

According to a recent Defense Department report, 50 percent of female victims stated they did not report the crime because they believed that nothing would be done with their report.  Seventy-four percent of females and 60 percent of males perceived one or more barriers to reporting sexual assault.  Sixty-two percent of victims who reported a sexual assault indicated they perceived some form of professional, social, and/or administrative retaliation.  This acts as a terrible deterrent to reporting sexual assault.  If sexual assault cases are not reported, they cannot be prosecuted.  If sexual assault isn't prosecuted, it leads to predators remaining in the military and a perception that it is tolerated.  By allowing this situation to continue, we are putting at risk the men and women who have volunteered to place their lives on the line.  We are also seriously damaging military morale and readiness.  Taking prosecutions out of the hands of commanders and giving them to professional prosecutors who are independent of the chain of command will help ensure impartial justice for the men and women of our armed forces.

I know some senators will be nervous about the fact that the military is lobbying against this legislation.  We are being asked once again to wait and see if the latest attempts to reform the current system will do the trick.  I would respond that the time for trying tweaks to the current system and waiting for another report or study has long since passed.  We also hear that this measure will affect the ability of commanders to retain "good order and discipline."  I would like to be clear that we in no way take away the ability of commanders to punish troops under their command for military infractions.  Commanders also can and should be held accountable for the climate under their command.  But, the point here is the sexual assault is a law enforcement matter - not a military one.  If anyone wants official assurances that we are on the right track, we can take confidence in the fact that an advisory committee appointed by the Secretary of Defense himself supports our reforms.  On September 27, 2013, the Defense Advisory Committee on Women in the Services (DACOWITS) voted overwhelmingly in support of each of the components of the Military Justice Improvement Act Amendment.

DACOWITS was created in 1951 by then Secretary of Defense, George C.  Marshall. The Committee is composed of civilian and retired military women and men who are appointed by the Secretary of Defense to provide advice and recommendations on matters and policies relating to the recruitment and retention, treatment, employment, integration, and well-being of highly qualified professional women in the Armed Forces. Historically, DACOWITS' recommendations have been very instrumental in effecting changes to laws and policies pertaining to military women.  The bottom line is, this isn't an advocacy group or fly by night panel.  It's a longstanding advisory committee handpicked by the Secretary of Defense and it supports the substance of our amendment to a tee.

I know it's easier to support incremental reform.  That's even prudent in many cases.  However, when we are talking about something as serious and life altering as sexual assault, we cannot afford to wait any longer than we already have.  Our men and women serving this country deserve bold action to solve this problem - not in a few years or a little bit at a time, but right now.  I would urge my colleagues to be bold and join us in this effort.  It's the right thing to do.
20 Nov 2013

Grassley Continues Work for Passage of Military Justice Reform for Sexual Assault Cases

By Grassley Press

Tuesday, November 19, 2013

 

AIR FORCE MAJOR GENERAL (RET.) MARTHA RAINVILLE, ARMY BRIGADIER GENERAL (RET.) LOREE SUTTON, IRAQ & AFGHANISTAN VETERANS OF AMERICA, VIETNAM VETERANS OF AMERICA, SERVICE WOMEN'S ACTION NETWORK, SURVIVOR/PROTECT OUR DEFENDERS ADVOCACY COMMITTEE KATE WEBER, SARAH PLUMMER, SURVIVOR & ADVOCATE, AUTHOR/LEADERSHIP COACH ARRIVE ON CAPITOL HILL TO CONTINUE PUSH FOR INDEPENDENT MILITARY JUSTICE SYSTEM

 

Chorus of Military Voices Continues to Grow: Senators Release New Letter Supporting Military Justice Improvement Act Signed by 26 Retired Generals, Commanders, Colonels, Captains and Senior Enlisted Personnel - Includes 4 Retired Generals/Admirals Speaking Out for First Time

 

Last September, DOD's Own Advisory Panel Voted in Favor of Gillibrand Approach Without a Single Vote Against, 9 of 10 Yes Votes by Former Military Members

 

Washington D.C. - U.S. Senators Kirsten Gillibrand (D-NY), Chuck Grassley (R-IA), Jeanne Shaheen (D-NH), Rand Paul (R-KY), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), and Dean Heller (R-NV) were joined on Capitol Hill today by Air Force Major General (Ret.) and former Vermont National Guard Adjutant General Martha Rainville, who served in the military for twenty-seven years, including fourteen years in command positions, plus Brigadier General (Ret.) Loree Sutton who served as the top psychiatrist in the U.S. Army, Iraq & Afghanistan Veterans of America (IAVA), Vietnam Veterans of America (VVA), Service Women's Action Network (SWAN), Kate Weber, a survivor and Protect Our Defenders Advocacy Committee Member from the state of California, and Sarah Plummer, Survivor & Advocate, Author/Leadership Coach to continue their unified push for an independent military justice system.

While in Washington, the generals are meeting with undecided Senators to make their case on why this reform is critically needed to strengthen our military. The Senators also publicly released a letter supporting the Military Justice Improvement Act signed by twenty-six retired generals, admirals, commanders, colonels and captains - including four flag officers (two generals and two admirals) speaking out for the first time. Rainville, the first woman in the history of the National Guard to serve as a state Adjutant General, and Sutton, are now joined by a dozen generals or admirals, knows as flag officers, in supporting the Military Justice Improvement Act.

"America is home to the world's best and brightest, brave men and women who join the armed services for all the right reasons - to serve our country, defend all that we hold sacred, and make America's military the best the world has ever known," Senator Gillibrand said. "But too often, these brave men and women find themselves in the fight of their lives not off on some far-away battlefield, but right here on our own soil, within their own ranks and commanding officers, as victims of horrific acts of sexual violence. Our bipartisan bill takes this issue head on by removing decision-making from the chain of command, and giving that discretion to experienced trial counsel with prosecutorial experience where it belongs. That's how we will achieve accountability, justice and fairness."

"As a former commander, endorsing a change that removes certain authority from military commanders has been a tough decision," said Major General (Ret.) Martha Rainville. "It was driven by my conviction that our men and women in uniform deserve to know, without doubt, that they are valued and will be treated fairly with all due process should they report an offense and seek help, or face being accused of an offense. When allegations of serious criminal misconduct have been made, the decision whether to prosecute should be made by a trained legal professional. Fairness and justice require sound judgment based on evidence and facts, independent of pre-existing command relationships."

"Failure to achieve these reforms would be a further tragedy to an already sorrowful history of inattention and ineptitude concerning military sexual assault," said Brigadier General (Ret.) Loree Sutton. "In my view, achieving these essential reform measures must be considered as a national security imperative, demanding immediate action to prevent further damage to individual health and well-being, vertical and horizontal trust within units, military institutional reputation, operational mission readiness and the civilian-military compact. Far from 'stripping' commanders of accountability, as some detractors have suggested, these improvements will remove the inherent conflict of interest that clouds the perception and, all too often, the decision-making process under the current system. Implementing these reforms will actually support leaders to build and sustain unit cultures marked by respect, good order and discipline."

In a letter released by the Senators from twenty-six retired generals, admirals, commanders, colonels, captains and senior enlisted personnel they wrote, "It is time to create an independent, objective, and non-biased system of criminal justice in the armed forces. We believe that the decision to prosecute serious crimes, including sexual assault, should be made by trained legal professionals who are outside the chain of command, but still within the military. This change will allow prosecutorial decisions to be made based on facts and evidence and not be derailed by pre-existing relationships, attitudes, biases, and perceptions... It is our sincere belief that this change in the military justice system will go a long way to safeguard the integrity of the judicial process and provide the opportunity for real progress toward eliminating the scourge of sexual assault in the military."

"Senator Gillibrand's reform is needed, and it's the right thing to do. We've tried working within the current system and military leaders have made promises about addressing the problem of sexual assault for years and years, but the problem only seems to be getting worse. In fact, the current system seems to be part of the problem," Senator Grassley said. "Now, we're being asked once again to wait and see if the latest attempts to reform the current system will fix the problem. The truth is, the time for waiting for another report or study has long since passed. Commanders can and should be held accountable for the climate under their command. But, the point here is that sexual assault is a law enforcement matter, not a military one. An advisory committee appointed by the Secretary of Defense himself supports this bipartisan reform initiative, and the Military Justice Improvement Act should pass along with this year's defense authorization bill."

"We have to change the way the military investigates and prosecutes cases of sexual assault within its ranks," Senator Shaheen said. "The support the Military Justice Improvement Act has received from current and retired military officials is a testament to the importance of passing this bill."

Senator Blumenthal said, "Victims of this hideous, horrific crime deserve a fairer, more effective justice system - with decisions made by a trained, experienced prosecutor - so they will be better protected and encouraged to report sexual assaults. As the best and strongest military in history, our men and women in uniform deserve a justice system worthy of their excellence. Our legislation is vital to victim trust and confidence in military justice. I am proud to stand with Senator Gillibrand and this broad, bipartisan coalition of advocates and colleagues."

"The crime of sexual assault in the military is gut-wrenching and there should be no tolerance of it," said Senator Hirono. "I'd like to applaud the work of all my colleagues to help solve this terrible problem that has plagued the military. As we move forward to pass NDAA, I urge my colleagues to support the Military Justice Improvement Act. Today's letter from retired generals, commanders, colonels, captains and senior enlisted personnel show that we are gaining support and that its time to create an independent, objective, and non-biased system of criminal justice in the armed forces."

"I want to thank my constituent - Kate Weber, an Army veteran and mother of four - for her courage in speaking out today about the horrific abuse she suffered at the hands of her fellow soldiers," Senator Boxer said. "We owe it to Kate and all the other survivors of military sexual assault to end the decades of empty promises and fix our broken military justice system."

"The status quo is simply unacceptable. These individuals deserve justice which is why prosecutorial authority should be in the hands of unbiased, objective military prosecutors," said Senator Begich. "It's time to bring change, confidence and justice back to the system by instituting a zero-tolerance policy for sexual assault in our ranks . This is exactly what Sen. Gillibrand's amendment will do and why I am a proud to be a  co-sponsor. "

The carefully crafted Military Justice Improvement Act moves the decision whether to prosecute any crime punishable by one year or more in confinement to independent, trained, professional military prosecutors, with the exception of 37 crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. The decision whether to prosecute the 37 serious crimes uniquely military in nature plus all crimes punishable by less than one year of confinement would remain within the chain of command. The bill does not amend Article 15 pertaining to non-judicial punishments.

According to the FY2012 SAPRO report released earlier this year by the Defense Department, an estimated 26,000 cases of unwanted sexual contact and sexual assaults occurred in FY2012, a 37% increase from FY2011. Another report released by the Defense Department this year showed that more than 1 in 5 female service members reported experiencing unwanted sexual contact while serving in the military. Also according to the FY2012 SAPRO Report, 25% of women and 27% of men who received unwanted sexual contact indicated the offender was someone in their military chain of command. Further, 50% of female victims stated they did not report the crime because they believed that nothing would be done with their report. Even the current top military leadership admits the current system "has failed" and as Commandant of the Marine Corps General James F. Amos stated this year, victims do not come forward because "they don't trust the chain of command."

The problem of sexual assault in the military is not new, neither are the pledges of "zero tolerance" from commanders, which date all the way back to then-Secretary of Defense Dick Cheney in 1992. The Military Justice Improvement Act would for the first time remove the decision whether to take a case to general court-martial completely out of the chain of command and give that discretion to experienced military prosecutors for all crimes punishable by one year or more in confinement, except crimes that are uniquely military in nature, such as disobeying orders or going AWOL.

In September, the Defense Advisory Committee on Women in the Services (DACOWITS) voted overwhelmingly in support of removing the decision whether to prosecute sexual assaults and other serious crimes from the chain of command. Ten members voted in support of the measure, six abstained to study further, none voted against. DACOWITS was created in 1951 by then Secretary of Defense, George C.  Marshall. The Committee is composed of civilian and retired military women and men who are appointed by the Secretary of Defense to provide advice and recommendations on matters and policies relating to the recruitment and retention, treatment, employment, integration, and well-being of highly qualified professional women in the Armed Forces. Historically, DACOWITS' recommendations have been very instrumental in effecting changes to laws and policies pertaining to military women. Secretary Chuck Hagel was recently quoted as saying, "I have a put a premium on that advisory board."

Many of our allied modern militaries have reporting outside of the chain of command, such as Britain, Canada, Israel, Germany, Norway and Australia. For example, the British military has prosecutors making trial decisions for all crimes through the Service Prosecuting Authority (SPA) within Britain's Ministry of Defense. Four allied commanders recently testified to the Response Systems Panel that these changes to their military justice systems had no negative consequences to good order and discipline.

The text of the full letter from twenty-six retired generals, admirals, commanders, colonels and captains is below. For more information, visit www.gillibrand.senate.gov/mjia

 

Dear Senator Gillibrand:

 

We write to express our support for the changes to the military justice system proposed in your bill, the Military Justice Improvement Act (S. 967). We represent all branches of the military and bring many years and a range of experiences, including that of convening authority for courts martial.

 

We know that, in too many cases, service members have not reported incidents of sexual assault because they lack confidence in the current system. The inherent conflicts that exist in the military justice system have led service members to believe that their allegations of sexual assault will not receive a fair and impartial hearing and that perpetrators will not be held accountable.

 

Additionally, we know firsthand that commanders often lack the deep and broad legal experience necessary to make critical decisions about whether sufficient evidence exists to move forward with a prosecution.

 

It is time to create an independent, objective, and non-biased system of criminal justice in the armed forces. We believe that the decision to prosecute serious crimes, including sexual assault, should be made by trained legal professionals who are outside the chain of command, but still within the military. This change will allow prosecutorial decisions to be made based on facts and evidence and not be derailed by pre-existing relationships, attitudes, biases, and perceptions.

 

The bill appropriately excludes uniquely military crimes and leaves commanders with the tools they need to maintain good order and discipline, including non-judicial punishment.

We applaud the Department of Defense for its ongoing efforts to address this serious problem.

 

However, it is our sincere belief that this change in the military justice system will go a long way to safeguard the integrity of the judicial process and provide the opportunity for real progress toward eliminating the scourge of sexual assault in the military.

 

We thank you for your leadership on this important issue that affects mission readiness and national security.

 

Sincerely,

 

Arlen D. Jameson, Lt Gen, USAF (Ret.), Austin, TX 78731

Claudia J. Kennedy, LTG, USA (Ret.), Hilton Head Island, SC 29928

Marty Evans, RADM, USN (Ret.), Ponte Vedra Beach, FL 32082

Dennis J. Laich, MG, USA (Ret.), Powell, OH 43065

Elizabeth M. Morris, RADM, USN (Ret.), Herndon, VA 20171

Rear Admiral: Rabbi Harold L. Robinson, RADM, CHC, USN (Ret.), Centerville, MA 02632

Julia J. Cleckley, BG, USA (Ret.), Fredericksburg, VA 22406

Barbara L. Brehm, CAPT, USN (Ret.), Annandale, VA 22003

Margarethe Cammermeyer, COL, USA (Ret.), Langley, WA 98260

Ellen Haring, COL, USA, Bristow, VA 20136

Lory Manning, CAPT, USN (Ret.), Arlington, VA 22209

Carolyn V. Prevatte, CAPT, USN (Ret.), Jacksonville Beach, FL 32250

Katherine Scheirman, MD, Col, USAF (Ret.), MC, Oklahoma City, OK 73132

Glenna L. Tinney, CAPT, USN (Ret.), Alexandria, VA 22315

Sherry de Vries, LtCol, USMC (Ret.), Alexandria, VA 22301

Rev. Karen M. Rasmussen, CDR, USN (Ret.), Annandale, VA 22003

Coy A. Flowers, MD, FACOG, LCDR (former), USNR, Lewisburg, WV 24901

Stefanie Goebel, LCDR (former), USN, Mt. Shasta, CA 96067

Brynn Tannehill, LCDR (former), USN, Xenia, OH 45385

Hon. Carolyn Becraft, former Assistant Secretary of the Navy (Manpower and Reserve Affairs), CPT (former), USA, Burke, VA 22015

Anu K. Bhagwati, Capt (former), USMC, New York, NY 10027

Tanya Domi, CPT (former), USA, New York, NY 10471

Gregory S. Jacob, Capt (former), USMC, New York, NY 10023

Beth L. Schissel, MD, Capt (former), USAFR, MC, Decatur, GA 30030

Julianne H. Sohn, Capt (former), USMCR, Fullerton, CA 92833

Cynthia A. Pritchett, CSM (Ret.), USA, Brandon, FL 33511

 

# # #
19 Nov 2013

Six babies wait for dads return from Afghanistan

By Illinois National Guard Public Affairs Office

PEORIA, IL (11/19/2013)(readMedia)-- Five little girls and one boy were recently born while their dads were away serving their country. In December, those six babies will finally get their dads back from Afghanistan.

"We are all just ready for them to be home," said Sarah Willey of Decatur, Ill., the Family Readiness Group leader and wife of Illinois National Guardsman 1st Lt. Brian Willey. "A lot of kids are ready to have their dads back."

Sarah gave birth to a daughter, Ariea, while Brian has been deployed. Ariea is one of six babies born during the 2nd Battalion, 238th General Support Aviation Battalion's deployment to Afghanistan.

Anticipating the Soldiers' return, spouses and family members of the Peoria-based Soldiers gathered for a family reunion event at the Hult Center in Peoria, Ill., Nov. 16.

"The event focused on working through any issues the family members might foresee when their Soldier returns," said Mari Richardson of Athens, Ill., the 65th Troop Command Brigade Family Readiness Support Assistant.

Spouses and family members had a question and answer session with the 238th Commander Maj. Clarence Pulcher of Morton, Ill., via the internet.

"He told them how excited they were to return home and how well they have done while deployed," said Richardson.

Approximately 60 Soldiers with the 238th mobilized in January 2013 in support of Operation Enduring Freedom and are expected to return in December when Brian will meet his daughter for the first time.

18 Nov 2013

Illinois National Guard to unveil new UH-72 Lakota helicopter

By Illinois National Guard Public Affairs Office

DECATUR, IL (11/18/2013)(readMedia)-- The Illinois National Guard will hold a fielding ceremony to mark the official receipt of the new UH-72A Lakota helicopter.

WHO:

Illinois National Guard

Detachment 1, Company B, 1st Battalion, 376th Aviation Regiment in Decatur, Ill.

WHAT:

The Illinois National Guard will hold a fielding ceremony to mark the official receipt of the new UH-72A Lakota helicopter. Following the ceremony, pilots and crew assigned to Det. 1 will highlight the Lakota's homeland security and domestic operations capabilities.

WHEN: Thursday November 21, 2013 at 11:00AM Central Time (US & Canada)

WHERE:660 S. Airport Road
Decatur, Illinois 62521

15 Nov 2013

THE National Bank Receives Honor for Supporting Members of the U.S. Military

By Kevin Gibbs

THE National Bank employees were honored on November 12th with a flag ceremony for their generosity in donating over 30 care packages to the local Marine Mom's organization. These care packages will be delivered to members of the US Coast Guard currently serving off the coast of Afghanistan. During the flag ceremony members of the Coast Guard, Patriot Guard, and volunteers from the Marine Mom's organization presented THE National Bank with a U.S. flag that has flown over several combat missions in Afghanistan. That flag is now proudly flying over THE National Bank's Silvis office. "All of us at THE National Bank are proud of the brave men and women serving in the U.S. Military. This is just a small way we can bring some comfort to those protecting our freedom as they are away from their families during this holiday season," said John DeDoncker, President and CEO.

THE National Bank has been a proud supporter of the Marine Mom's organization for the past 8 years. The Marine Mom's organization is a group of volunteer men and women who generously devote their time throughout the year with different charitable organizations, particularly gathering and sending supplies to troops in all branches of the military who are serving overseas.

THE National Bank is a full service bank headquartered in Bettendorf, Iowa. Additional offices are located in Davenport, Iowa; Canton, Chadwick, Havana, East Moline, Elgin, Milan, Moline, Morrison, Mt. Carroll, Rapids City, Silvis, Savanna, and Sterling, Illinois; and Pewaukee, Wisconsin.
15 Nov 2013

Illinois Army National Guard Recruiting, Retention Battalion awards outstanding Soldiers

By Illinois National Guard Public Affairs Office

SPRINGFIELD, IL (11/14/2013)(readMedia)-- Brig. Gen. Johnny Miller of Tamms, Ill., Assistant Adjutant General-Army, presented awards to four Soldiers with the Recruiting and Retention Battalion, Nov. 14 at Camp Lincoln in Springfield, Ill.

Sgt. 1st Class Paul Kindred of Jacksonville, Ill., Capt. Elizabeth Bickett of Glenarm, Ill., and Sgt. 1st Class Adam Jensen of Clifton, Ill., received the Army Commendation Medal. Sgt. 1st Class Michael Waites of Lansing, Ill., received the Meritorious Service Medal.

11 Nov 2013

Saluting our Veterans

By Rep. Dave Loebsack

Dear Friend,

Today we pause to honor the service of generations of veterans and reflect on the sacrifices they and their families have made for our great country.

As a military parent, I strongly believe that we have a moral responsibility to serve those who have worn our country's uniform and their families with the same dedication and honor with which they have served our nation. That is why we must end the backlog that forces veterans to wait years for their benefits; ensure that no one who has served our country in uniform has to fight for a job here at home; provide our troops with the training, support, and care they need and deserve; and support our military families.

I stand ready to assist any Iowa service member, veteran, or military family in any way I can. If you or a family member, friend, or neighbor need any assistance, I urge you to email or call me at 1.866.914.IOWA.

Not just this weekend, but every day, let us honor and support those who wear our nation's uniform; care for those who have served; and live up to the sacrifices generations of veterans have made and that our service members continue to make today.

To our men and women in uniform and to our veterans - thank you for your service to our great nation. 

Sincerely,

Dave Loebsack
Iowa's Second District

08 Nov 2013

Illinois National Guard Airmen return from deployment Saturday

By Illinois National Guard Public Affairs Office

SPRINGFIELD, IL (11/08/2013)(readMedia)-- Approximately 20 Illinois Air National Guard Airmen will return to Springfield's Capital Airport Saturday Nov. 9 at 11:50 a.m.

WHO:  The Illinois Air National Guard's 217th Engineering Installation Squadron, 183rd Fighter Wing

WHAT:  Approximately 20 Airmen assigned to the 217th Engineering Installation Squadron will return to Springfield. The Airmen deployed in April to several locations in Afghanistan where they worked to install and upgrade electrical and communication infrastructure.

WHEN: Saturday November 09, 2013 at 11:45AM Central Time (US & Canada)

WHERE:Arrival terminal
Abraham Lincoln Capital Airport
1200 Capital Airport Drive
Springfield, Illinois 62702

NOTES:

For additional information, please contact the Illinois National Guard Public Affairs Office at 217-761-3569.

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07 Nov 2013

This Veterans' Day, Stand By a Wounded Warrior

By Stee Nardizzi
Thanks to their incredible courage and fighting spirits, Mike Delancey and Brent "Hoss" Hendrix are alive today. These injured warriors faced many challenges after returning home from duty ? and they are succeeding in their recoveries with the help of their loved ones, Wounded Warrior Project® (WWP), and you. Your kind support of WWP truly makes a difference in the lives of these heroes.

Both Mike and Brent join me in thanking you for your support of WWP programs, which help wounded service members recover and move beyond their "Alive Days," the day a warrior suffers near-fatal injuries on the battlefield.

Mike Delancey's Alive Day: September 1, 2006
Mike was serving with fellow Marines in Haditha, Iraq, when he was shot by an enemy sniper. The bullet shattered vertebrae in Mike's spine, instantly paralyzing him. Since that terrible day, Mike has participated in WWP Soldier Ride® rehabilitative cycling events and has experienced the unique camaraderie of fellow injured warriors through WWP Alumni events. "WWP has helped me when the stress of recovery was at its greatest," he says. "You can share what you did [with other injured warriors], and you both understand each other. Whenever you need someone to talk to, they're there."

Brent "Hoss" Hendrix's Alive Day: June 27, 2006
Hoss, as he prefers to be called, cheated death on his Alive Day and on two other occasions when his heart stopped during surgeries to repair damage from a roadside bomb that detonated under his truck in Iraq's Anbar province. The blast shattered his left ankle, broke his jaw in two places, and ultimately led to an above-the-knee amputation on his right leg. This doesn't stop Hoss. In addition to riding an adaptive hand cycle in a Soldier Ride event, Hoss enrolled in the WWP TRACK® program ? the first education center in America designed specifically for wounded veterans ? so he could get a jump-start on his goal of pursuing a career in law enforcement.


Mike and Brent are just two of the thousands of injured warriors you have helped through your support. As Veterans Day approaches, we must stand by our wounded veterans and never forget their service to our nation or the sacrifices they made to keep us free.

Your support is urgently needed! More injured U.S. service members are coming home every day. On behalf of countless heroes, thank you for your dedication to the important work WWP does ? and for making a generous gift of $50, $75, $100, or more today.

Honoring America's heroes every day,

Home Mission Donate Alumni Programs News
06 Nov 2013

Grassley Works to Reform Military Justice System

By Grassley Press

BIPARTISAN GROUP OF SENATORS JOINED BY SURVIVORS, RETIRED GENERAL, ADVOCATES KICK OFF FINAL TWO-WEEK PUSH FOR CREATING AN INDEPENDENT MILITARY JUSTICE SYSTEM -- DEFENSE BILL EXPECTED ON THE FLOOR BEFORE THANKSGIVING

Military Justice Improvement Act Will Be Offered as Amendment to Annual Defense Bill - The Change Required to Give Survivors of Sexual Assault in the Military a Fair Shot at Justice

 

Momentum Continues to Grow: Defense Advisory Committee Appointed by Secretary of Defense (DACOWITS panel) Recently Voted in Favor of Gillibrand Approach Without a Single Vote Against On the Heels of 3 Retired Generals Coming Out in Support

 

According to Pentagon Estimates, 25% of Women and 27% of Men Who Received Unwanted Sexual Contact Indicated the Offender Was Someone in Their Military Chain of Command -- More Than 26,000 Incidents of Sexual Assault or Unwanted Sexual Contact Occurred in 2012

 

Washington D.C. - U.S. Senators Kirsten Gillibrand (D-NY), Chuck Grassley (R-IA), Barbara Boxer (D-CA), Lisa Murkowski (R-AK), Richard Blumenthal (D-CT), Rand Paul (R-KY), Mazie Hirono (D-HI), Ted Cruz (R-TX), Jeanne Shaheen (D-NH), and Susan Collins (R-ME) kicked off their final two week push to create an independent, objective and non-biased military justice system with the 2014 National Defense Authorization Act (NDAA) expected to be debated on the floor before the Thanksgiving recess. The bipartisan Military Justice Improvement Act, to be offered as an amendment on the Senate floor to the Defense bill, is already publicly supported by 46 Senators, including 38 Democrats and 8 Republicans.

 

This common sense proposal seeks to reverse the systemic obstacles that numerous victims of military sexual assault have described in deciding whether to report the crimes committed against them due to the clear bias and inherent conflicts of interest posed by the military chain of command's current sole decision-making power over whether cases move forward to a trial. The Senators were joined by survivors of sexual assault in the military; a retired Brigadier General and former Pentagon appointee by the Obama administration; and advocates.

 

The carefully crafted Military Justice Improvement Act moves the decision whether to prosecute any crime punishable by one year or more in confinement to independent, trained, professional military prosecutors, with the exception of 37 crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. The decision whether to prosecute the 37 serious crimes uniquely military in nature plus all crimes punishable by less than one year of confinement would remain within the chain of command. The bill does not amend Article 15 pertaining to non-judicial punishments.

 

According to the FY2012 SAPRO report released earlier this year by the Defense Department, an estimated 26,000 cases of unwanted sexual contact and sexual assaults occurred in FY2012, a 37% increase from FY2011. Another report released by the Defense Department this year showed that more than 1 in 5 female servicemembers reported experiencing unwanted sexual contact while serving in the military. Also according to the FY2012 SAPRO Report, 25% of women and 27% of men who received unwanted sexual contact indicated the offender was someone in their military chain of command. Further, 50% of female victims stated they did not report the crime because they believed that nothing would be done with their report. Even the current top military leadership admits the current system "has failed" and as Commandant of the Marine Corps General James F. Amos stated this year, victims do not come forward because "they don't trust the chain of command."

 

"America is home to the world's best and brightest, brave men and women who join the armed services for all the right reasons - to serve our country, defend all that we hold sacred, and make America's military the best the world has ever known," Senator Gillibrand said. "But too often, these brave men and women find themselves in the fight of their lives not off on some far-away battlefield, but right here on our own soil, within their own ranks and commanding officers, as victims of horrific acts of sexual violence. Our bipartisan bill takes this issue head on by removing decision-making from the chain of command, and giving that discretion to experienced trial counsel with prosecutorial experience where it belongs. That's how we will achieve accountability, justice and fairness."

 

"Sexual assault cases should be handled outside the chain of command to eliminate any potential bias and make victims more comfortable in coming forward," Senator Grassley said. "Sexual assault is a law-enforcement issue. When young adults commit to serving their country and defending our freedoms, they deserve to know their own rights will be protected, including access to justice."

 

"There is only one fundamental change that will ensure that a charge of sexual assault will be based on the evidence - not any other factor - and that is this bipartisan bill," Senator Boxer said.

 

"Our men and women in uniform put their blood, sweat and tears into defending American ideals, freedoms and protections at home and abroad; they deserve the same robust defenses in return," said Senator Murkowski (R-AK). "Too often, cases of sexual assault go unreported out of fear of retribution or that nothing will be done - this bill would increase confidence in the military judicial system.  Working to create an unbiased process would improve conditions for not only victims but for the accused."

 

Senator Blumenthal said, "By closing the small remaining vote gap in coming days, we can assure stronger justice to military sexual assault victims. Victims of this hideous, horrific crime deserve a fairer, more effective justice system - with decisions made by a trained, experienced prosecutor - so they will be better protected and encouraged to report sexual assaults. As the best and strongest military in history, our men and women in uniform deserve a justice system worthy of their excellence. Our legislation is vital to victim trust and confidence in military justice. I am proud to stand with Senator Gillibrand and this broad, bipartisan coalition of advocates and colleagues."

 

"The vast majority of our service members are honorable and upstanding individuals. In the instance when one is accused of a serious crime, especially one of assault in any form, the allegation needs to be taken seriously," Senator Paul said. "I support Sen. Gillibrand's amendment to not only protect the rights of victims, but also the rights of the accused. This is a necessary change to protect those who are protecting us."

 

"Our brave men and women in uniform deserve the basic opportunity to face a fair military justice system when reporting sexual assaults. The testimony of survivors is horrific and it is tragic that even more attacks go unreported," said Senator Hirono.

 

"I proudly support Senator Gillibrand's military justice improvement legislation, which only applies to the most serious crimes in the military, and will enable commanders to focus on their wartime mission and ensure that the rights of both victims and those accused of crimes are protected," said Senator Cruz. Our strongest allies have adopted similar military justice changes and their experience shows us that this can be done without harming the chain of command or military readiness. Senator Gillibrand is to be commended for her leadership on this issue and for accepting critical improvements to the amendment to ensure that crimes that are unique to the military will not be decided by lawyers."

 

"Sexual assault cannot be tolerated anywhere, including the military. Despite the fact that the Department of Defense has had a zero tolerance policy for 20 years, sexual assaults in the military continue to be a major problem," said Senator Shaheen. "We have to change the way the military investigates and prosecutes these cases. Our bipartisan legislation will implement smart and long overdue reforms."

 

"I have been terribly disturbed by a seemingly endless stream of allegations of sexual misconduct, and by the fact that, approximately nine years after I first publicly raised the issue of sexual assault with military leaders in 2004, the problem persists at such an alarming rate.  While I believe the vast, overwhelming majority of our military personnel are honorable individuals, we must ensure that justice is swift, fair, and certain for the criminals who have perpetrated these crimes," said Senator Collins.

 

The problem of sexual assault in the military is not new, neither are the pledges of "zero tolerance" from commanders, which date all the way back to then-Secretary of Defense Dick Cheney in 1992. The Military Justice Improvement Act would for the first time remove the decision whether to take a case to general court-martial completely out of the chain of command and give that discretion to experienced military prosecutors for all crimes punishable by one year or more in confinement, except crimes that are uniquely military in nature, such as disobeying orders or going AWOL.

 

Over the past several months, retired military leaders have come out in support of the proposal. Among others, Lt. General (Ret.) Claudia Kennedy - the first woman to reach the rank of three-star general in the U.S. Army; Brigadier General (Ret.) Loree Sutton- formerly the highest ranking psychiatrist in the U.S. Army; Brigadier General (Ret.) David McGinnis - who  most recently served as a President Obama appointee in the Pentagon as the Principal Deputy to the Assistant Secretary of Defense for Reserve Affairs from April 2009-Sept 2012; Former Vermont National Guard Adjutant General and Retired Air Force Major General Martha Rainville - served in the military for twenty-seven years, including fourteen years in command positions and the first woman in the history of the National Guard to serve as a state Adjutant General;  and Former Army JAG officer and former Congressman Patrick Murphy - served with the U.S. 82nd Airborne Division while stationed in Iraq from 2003-2004; all released statements or letters in support of this proposal

 

In September, the Defense Advisory Committee on Women in the Services (DACOWITS) voted overwhelmingly in support of removing the decision whether to prosecute sexual assaults and other serious crimes from the chain of command. Ten members voted in support of the measure, six abstained to study further, none voted against. DACOWITS was created in 1951 by then Secretary of Defense, George C.  Marshall. The Committee is composed of civilian and retired military women and men who are appointed by the Secretary of Defense to provide advice and recommendations on matters and policies relating to the recruitment and retention, treatment, employment, integration, and well-being of highly qualified professional women in the Armed Forces. Historically, DACOWITS' recommendations have been very instrumental in effecting changes to laws and policies pertaining to military women. Secretary Chuck Hagel was recently quoted as saying, "I have a put a premium on that advisory board."

 

Many of our allied modern militaries have reporting outside of the chain of command, such as Britain, Canada, Israel, Germany, Norway and Australia. For example, the British military has prosecutors making trial decisions for all crimes through the Service Prosecuting Authority (SPA) within Britain's Ministry of Defense. Four allied commanders recently testified to the Response Systems Panel that these changes to their military justice systems had no negative consequences to good order and discipline.

 

Just yesterday, three leading veterans groups -- the Service Women's Action Network (SWAN), Iraq and Afghanistan Veterans of America (IAVA), and Vietnam Veterans of America (VVA) - wrote an open letter calling on Congress to pass this bipartisan measure calling it, "a vote for our troops and a vote for a stronger military."

 

The Military Justice Improvement Act also:

 

  • Provides the offices of the military chiefs of staff with the authority and discretion to establish courts, empanel juries and choose judges to hear cases (i.e. convening authority).

 

  • This legislation does not amend Article 15. Commanding officers will still be able to order non-judicial punishment for lesser offenses not directed to trial by the prosecutors.

 

According to the FY2012 SAPRO report released earlier this year by the Defense Department, an estimated 26,000 cases of sexual assault or unwanted sexual contact occurred in FY2012, a 37% increase from FY2011. This number does not include incidents of sexual harassment. The Pentagon defines unwanted sexual contact as:  "...intentional sexual contact that was against a person's will or occurred when the person did not or could not consent. The term describes completed and attempted oral, anal, and vaginal penetration with any body part or object, and the unwanted touching of genitalia and other sexually related areas of the body."

 

Of the 3,374 total reports in 2012, 2,558 reports were unrestricted, which means they were actionable. Of those unrestricted reports, 27 percent were for rape, 35 percent were for abusive and wrongful sexual contact, and 28 percent were for aggravated sexual assault and sexual assault.  The remaining cases were for aggravated sexual contact, nonconsensual sodomy, indecent assault and attempts to commit those offenses.

 

Also according to the FY2012 SAPRO report, across the Services, 74% of females and 60% of males perceived one or more barriers to reporting sexual assault. 62% of victims who reported a sexual assault indicated they perceived some form of professional, social, and/or administrative retaliation.

The Senators were joined by Ariana Klay, a former Marine officer assigned to the prestigious Marine Barracks Washington, who graduated with honors from the U.S. Naval Academy in 2006 and subsequently served in Iraq, Ben Klay, served on active duty in the Marines from 2003 through 2007, and was a reservist in 2011, and testified to the Senate Armed Services Committee about his expertise on the military's mishandling of sexual offenses based on his time in the Marines, Nancy Duff Campbell, Co-President of the National Women's Law Center, and Brigadier General (Ret.) David L. McGinnis, former Principal Deputy to the Assistant Secretary of Defense for Reserve Affairs, U.S. Department of Defense, appointed by President Obama.

 

The Military Justice Improvement Act is supported by:

·         Iraq and Afghanistan Veterans of America (IAVA)

·         Vietnam Veterans of America (VVA)

·         Service Womens Action Network (SWAN)

·         Protect Our Defenders (POD)

·         National Women's Law Center

·         National Task Force to End Sexual and Domestic Violence Against Women

·         National Alliance to End Sexual Violence

·         National Research Center for Women & Families

·         Jacobs Institute of Women's Health

·         Our Bodies Ourselves

·         International Federation of Professional and Technical Engineers

·         Members of the National Alliance to End Sexual Violence

·         9to5

·         Baha'is of the United States

·         Equal Rights Advocates

·         Evangelical Lutheran Church in America

·         Federally Employed Women

·         Feminist Majority

·         Futures Without Violence

·         General Federation of Women's Clubs

·         GetEqual

·         Girls, Inc.

·         Hindu American Seva Communities

·         Institute for Science and Human Values, Inc.

·         Jewish Women International

·         Joyful Heart Foundation

·         National Capital Union Retirees

·         National Center on Domestic and Sexual Violence

·         National Coalition Against Domestic Violence

·         National Congress of Black Women, Inc

·         National Council of Churches

·         National Council of Jewish Women

·         National Council of Women's Organizations

·         National Organization for Women

·         National Women's Health Network

·         OWL-The Voice of Midlife and Older Women

·         Peaceful Families Project

·         Presbyterian Women in the Presbyterian Church (U.S.A.), Inc.

·         Religious Coalition for Reproductive Choice

·         SPART*A, an LGBT Military Organization

·         The National Congress of American Indians

·         United Church of Christ

·         Justice and Witness Ministries

·         V-Day

·         Woman's National Democratic Club

·         Women's Research & Education Institute

·         YWCA USA

 

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