DEOMI News Highlights
DEOMI News Highlights is a weekly compilation of published items and commentary with a focus on equal
opportunity, equal employment opportunity, diversity, culture, and human relations issues. DEOMI News
Highlights is also a management tool intended to serve the informational needs of equity professionals and
senior DOD officials in the continuing assessment of defense policies, programs, and actions. Further
reproduction or redistribution for private use or gain is subject to original copyright restrictions.
Defense Department Releases New Tricare Transgender Policy [Amy Bushatz, Military.com, 6
September 2016]
• The U.S. Defense Department on Tuesday released a new Tricare policy for expanding transgender
treatments for military family members and retirees.
• The policy covers mental health counseling and hormone therapy for “gender dysphoria,” the clinical
term for those who identify as a gender different from the one they were assigned at birth. It prohibits
hormone therapy coverage for children under 16.
• A ban on openly serving transgender troops was lifted by Defense Department officials in June. By
October 1, officials will issue a handbook for commanders and all those affected by the new policy, as
well as medical guidance for providing transition care to transgender troops.
Defense Department Releases New Tricare Transgender Policy
Marines find culture of hazing, abuse at boot camp after recruit's death at Parris Island [Jeff Schogol
and Gina Harkins, Marine Corps Times, 8 September 2016]
• Multiple investigations into the death of a Muslim military recruit at the Marine Corps’ fabled Parris
Island training center have uncovered a troubling pattern of mistreatment, and officials are responding
with a series of policy changes designed to improve accountability and prevent future missteps.
• Maj. Gen. James Lukeman, head of the Marine Corps’ Training and Education Command, has taken
actions “to prevent the recurrence of issues identified in the investigations,” said Maj. Christian
Devine, a Marine spokesman at the Pentagon.
• The new measures include: an increased officer presence and supervision of training; the mandatory
suspension of any Marine who’s being investigated for recruit abuse, hazing, or maltreatment; better
visibility and reviews of investigations above the regimental level; the modification of the assignment
processes for drill instructors and officers; the cessation of any practice that is based on differentiating
between drill instructors of differing experience levels, to include enforcing a zero-tolerance policy
for “hat-hazing” or hazing of any kind among drill instructors; and a review and possible revisions to
mental health processes and procedures, to include suicide prevention protocols.
Marines find culture of hazing, abuse at boot camp after recruit's death at Parris Island
“Transformational change” needed to address sexual misconduct at merchant marine academy,
Obama official says [Lisa Rein, The Washington Post, 2 September 2016]
• Transportation Secretary Anthony Foxx has concluded that sexual harassment and assault and other
misconduct at the U.S. Merchant Marine Academy are so serious the school needs to hire a team of
outside experts to address the campus culture, officials said this week.
• Leaders of the federal service school outside New York City also are enlisting the help of Vice
President Biden’s office, which is leading a nationwide public awareness campaign to end sexual
assault on college campuses.
• Foxx’s announcement last week means that the four-year academy’s training year at sea for
midshipmen on commercial ships, a marquee program the Obama administration canceled this
summer amid concerns about sexual misconduct, will be on hold indefinitely—and some students
may not graduate on time.
“Transformational change” needed to address sexual misconduct at merchant marine academy, Obama
official says
9 September 2016
Page 1
DEOMI News Highlights
Culture
College requires “cultural competency” training to avoid offending an often-overlooked culture: The
military
Naval Academy to honor computer scientist Grace Hopper
Obama: Kaepernick’s national anthem protest a “tough thing” for service members
Retired Gen. James Mattis says civilians know little about the military
Six Ways to Fix the Army’s Culture [OPINION]
Diversity
Defense Department Releases New Tricare Transgender Policy
Female NCO tries out for Army’s elite 75th Ranger Regiment
New rules make it easier for wounded Marines to stay in uniform
Miscellaneous
Dallas shooter’s Army personnel files released, offer few new details
Female WWII pilot has finally been laid to rest at Arlington
Gunny got a law degree on active duty and says you can, too
Include National Guard, reserve children in school data collection, advocates say
Joe Hosteen Kellwood, a Navajo code talker during WWII, dies
Lawmakers scrutinize IG investigation of top Navy SEAL
Senators: More protection needed for troops who misbehave after trauma
Misconduct
Accusations of toxic command climate in England led to colonel’s removal in 2014, report says
Marines find culture of hazing, abuse at boot camp after recruit’s death at Parris Island
Sailor Faces Discipline After Viral Flag Protest
This sailor sided with Colin Kaepernick, sat out anthem. Now the Navy is taking action.
Racism
Man accused of threatening Black Michigan Tech students sues school
Religion
Obama nominates Muslim judge: Does diversity matter to justice?
West Point launches inquiry into football team’s postgame prayer
Sexual Assault/Harassment
“Transformational change” needed to address sexual misconduct at merchant marine academy, Obama
official says
Victim-Turned-Victim’s Rights Attorney Builds National Organization
What happens when 4-star Air Force general is accused of sexual assault?
9 September 2016
Page 2
Culture
https://www.washingtonpost.com/news/grade-point/wp/2016/09/08/college-requires-cultural-competencytraining-to-avoid-offending-an-often-overlooked-culture-the-military/
College requires ‘cultural competency’ training to avoid
offending an often-overlooked culture: The military
By Susan Svrluga
The Washington Post, September 8, 2016
U.S. soldiers from the Army’s 2-82 Field Artillery, 3rd Brigade, 1st
Cavalry Division prepare to leave Camp Adder as the base is
readied to be handed back to the Iraqi government in December
2011. (Joe Raedle/Getty Images)
When Daniel Rendon walked onto campus for the first time and
saw all the other students lounging around laughing, listening to
music, playing Hacky Sack, he felt completely out of place.
After five years in the military, and some time trying to make ends
meet with construction jobs that ended with a literal crash when he fell off scaffolding onto a concrete
floor, college life seemed surreal. “I was thrown into a world I didn’t quite recognize,” he said. “Everyone
seemed to have not a care in the world except hanging out and enjoying one another’s company. It was like
the twilight zone.”
Daniel Rendon (Photo taken by the U.S. Navy provided to The Washington
Post courtesy of Daniel Rendon)
He was worried about whether he could handle the academics, and he was
working full time while a full-time student. In classroom discussions, when
students talked about foreign affairs, “it was almost heartbreaking to hear
these students didn’t support” the military or seem to have a sense of what
people were sacrificing to serve their country.
[Veterans find that their transition from combat to college can be difficult]
This year, Texas A&M University at San Antonio took the unusual step of
trying to bridge the gulf between academic and military culture — in some
places a stark political, cultural and philosophical divide — by mandating “cultural competency” training
for faculty and staff.
Those kinds of requirements are standard at many schools for groups, such as black students, Hispanic
students, or lesbian, gay and transgender students who may face discrimination. But school officials say
faculty and staff must be aware of the challenges faced by their students with military connections —
whether veterans, reservists or spouses juggling family, frequent moves, injuries and mental-health issues
at the same time they’re trying to keep up with classes.
[Veterans pledge to seek help before suicide]
“Sometimes we forget that the military is another culture that needs to be included in ‘multiculturalism,'”
said K.C. Kalmbach, an associate professor of psychology at Texas A&M University-San Antonio who
also does clinical work consulting with military service members. For many who joined when they were
17, the military has as profound an effect on their identity and world view as their religion, race and home
town, she said. “I think it’s been left out.”
It’s a sign of both how marginalized military service has become — less than 1 percent of U.S. citizens
have served since 2001 — and of the growing demand for higher education for service members, as this
generation’s GI Bill has made college much more attainable and affordable for them.
At Texas A&M University-San Antonio — in “Military City U.S.A.” — nearly 1 in 5 students is connected
to the military.
https://www.washingtonpost.com/news/grade-point/wp/2016/09/08/college-requires-cultural-competencytraining-to-avoid-offending-an-often-overlooked-culture-the-military/
Nationwide, there are about 1.5 million military-connected students pursuing higher education, Kalmbach
said. She said she expects that to continue growing. “By 2020, about 5 million service members will have
exited the military. A good number of them will be choosing college. … The post-9/11 GI Bill enacted in
2009 made it much more appealing for military members to attend college,” with help paying for tuition,
textbooks and housing.
Many are quite different from the typical 18-year-old who goes to college straight out of high school.
They’re usually quite a bit older, and they may have full-time jobs, families, injuries, mental-health issues
and other things distracting them from academics. At Texas A&M University-San Antonio, they have
branded themselves a “military embracing” college, making sure it’s easy to transfer credits, for example,
making sure classrooms are easily accessible for students with disabilities and building a veterans’ center
that even has an area where service dogs can get outside, off the leash, and play.
Kalmbach said she kept hearing from clients who had “tried” college but left. The cultural divide between
military and civilian life widened dramatically in recent decades as the percentage of the population that
served grew smaller. And the gap between military and academic culture is even wider. “It’s a culture
clash, absolutely,” she said.
Students at the University of Maryland at College Park play with a flying
disc on an unusually warm February day. (Sarah L. Voisin/The
Washington Post)
“The military is very structured,” said Richard Delgado Jr., the school’s
director of military affairs. “We’re used to being issued orders and
knowing exactly what we need to do. We’re told, ‘Hey, go storm the hill.’
There’s a clear mission and sense of purpose and tight connections to
others.”
In college, independence, individuality, reflection, exploration, creativity and collaboration are all
valued. “That can be terrifying” for some veterans, Kalmbach said, leaving them feeling lost, adrift. “It’s a
free-fall for them.”
They talked about ways to avoid offending students — such as assuming a woman is using her spouse’s
benefit rather than assuming she served the country herself, referring to someone as a “former” Marine, or
calling women “females.”
“In the military, sometimes ‘female’ is used in a derogatory manner,” Kalmbach explained. And once a
Marine, always a Marine.
They taught the faculty some military-specific language, as well. “Embrace the suck” (which roughly
translates to “yes, this is hard, but we’ll figure out a game plan,”) was a hit with professors.
“I hope that more universities can integrate this type of training,” said Corinna Ross, an assistant professor
of biology at the school. “I think it was really, really useful.”
Ross, who heads the faculty senate, said she heard from many professors who said it was the most useful
part of their training in the fall. While some had had students being deployed or carving out time for
training, they had not considered academic issues, such as writing and critical thinking. “I’m in the
sciences, so we are constantly teaching students to question things,” she said, contrary to military culture.
“It really did spark a lot of conversations and get people thinking how they can structure things differently
in their classrooms,” Ross said.
“We have other training for other groups that takes place here, and this is a good addition to that,” said
Edward Westermann, a professor of history. “I think any time there’s a lack of familiarity, that lack of
familiarity sometimes makes people uncomfortable with a given perspective or a given experience.”
[Did Florida fraternity brothers spit at veterans?]
https://www.washingtonpost.com/news/grade-point/wp/2016/09/08/college-requires-cultural-competencytraining-to-avoid-offending-an-often-overlooked-culture-the-military/
Reaction from faculty was so positive, school officials said, that they mandated the training for staff as
well. Officials from other schools have already reached out to them, interested in the training.
Rendon welcomed the change, remembering how out of place he felt, how he stood out with his Navy
haircut, and kept mostly to himself when he started classes. “I felt like I wasn’t smart enough for college,”
Rendon said. “I think a lot of veterans feel the same way.”
But he graduated, and now he’s earning his MBA — and beginning the process of applying to doctoral
programs. He’s a veteran. And an academic.
Susan Svrluga is a reporter for the Washington Post, covering higher education for the Grade Point blog.
Follow @SusanSvrluga
http://bigstory.ap.org/article/03ee0558c27846e78440a73817f620bd/naval-academy-honor-computerscientist-grace-hopper
Naval Academy to honor computer scientist Grace Hopper
By Brian Witte
The Associated Press, September 8, 2016
Rear Adm. Grace Hopper. Photo Credit: Navy
ANNAPOLIS, Md. (AP) — The U.S. Naval Academy will name its future cyber
building after Grace Hopper, a pioneering computer scientist and U.S. Navy rear
admiral, the academy's superintendent announced Thursday.
Vice Adm. Ted Carter made the announcement at the academy's "Athena
Conference: Heroines of the past, present and future," which is marking the 40th
anniversary of women's admission to the academy.
The cyber facility, which will be called Hopper Hall, will be the first building
named after a woman at the three main service academies.
Often referred to as "Amazing Grace" and the mother of computing, Hopper joined the U.S. Navy Reserve
during World War II. She later worked on a team to develop the UNIVAC computer and convert
mathematic code into language. That led to developing the first compiler in 1952, which led to the creation
of COBOL. Carter said Hopper also wanted to be known for training men and women in the Navy.
"So today, her vision, her legacy, will follow through in this field of dreams of cyber for the admiral of the
cyber seas — Adm. Grace Hopper," Carter said.
A group of women who were the first females to graduate from the academy in 1980 were on hand to
applaud the announcement. It meant a lot to Midshipman Frances Kratz, who said she "teared up a little bit"
when she heard the building would be named for a Navy woman who inspired her. The sophomore
computer science major said Hopper was a big influence on her decision to study computers at the
academy.
"I just really think that she was so influential, for not only the women in the Navy, but for computer
science," Kratz, of Tampa, Florida, said. "Obviously, she was such a leader in that field, and I'm just so
excited that it's going to be named after her."
Carter noted Hopper Hall will likely be the last major academic building constructed on school grounds,
which is tight for space along the Severn River. Groundbreaking is set for Oct. 21 on the 206,000-squarefoot building. The academy hopes to have the $106 million facility operational by 2019. It will be built
between the Nimitz Library and Rickover Hall.
The academy requires all students to take two cyber security classes in a field of increasing importance to
national security and civilian computer networks. The school graduated its first cyber security majors this
year. Next year, it hopes to become the nation's first college to have a cyber major accredited by ABET, a
leading nonprofit accrediting agency for the disciplines of applied science, computing and engineering.
"It will be a first for a cyber program nationwide, but we expect to do pretty well. We've been planning this
for three years," said Andrew Phillips, the academy's academic dean and provost.
https://www.washingtonpost.com/news/post-politics/wp/2016/09/05/obama-kaepernicks-national-anthemprotest-a-tough-thing-for-service-members/
Obama: Kaepernick’s national anthem protest a ‘tough
thing’ for service members
By William Wan and David Nakamura
The Washington Post, September 5, 2016
President Obama speaks during a news conference at the
conclusion of the G-20 Summit in Hangzhou in eastern China on
Sept. 5. (Carolyn Kaster/AP)
HANGZHOU, China — President Obama said San Francisco 49ers
quarterback Colin Kaepernick is "exercising his constitutional
right" to sit out the national anthem, but the president
acknowledged that the silent protest is a "tough thing" for military
service members to accept.
At a news conference in China on Monday, the president said he did not doubt Kaepernick's sincerity in his
decision not to stand for the anthem ahead of games to protest the treatment of African Americans by law
enforcement in U.S. cities. Obama noted a "long history" of sports figures protesting political or social
issues.
"There are a lot of ways you can do it," Obama said after the G-20 summit here. "As a general matter when
it comes to the flag and the national anthem and the meaning that holds for our men and women in uniform
and those who fought for us — that is a tough thing for them to get past to then hear what his deeper
concerns are. But I don’t doubt his sincerity. I think he cares about some real, legitimate issues that have to
be talked about. If nothing else, he’s generated more conversation about issues that have to be talked
about."
Obama said he has not closely followed the controversy surrounding Kaepernick's actions while he has
been overseas, but he said he was aware of the public response, which has been sharply divided. The
president has sought to balance his own response to the unrest and mistrust between African Americans and
police officers over the past several years, including in Baton Rouge and Dallas this year.
"You've heard me talk in the past about the need for us to have an active citizenry," Obama said.
"Sometimes that's messy and controversial and gets people angry and frustrated. But I'd rather have young
people that are engaged in the argument and trying to think through how they can be part of our democratic
process than people just sitting on the sidelines not participating at all. My suspicion is that over time he's
going to refine how he thinks about it. Maybe some of his critics will start seeing that he had a point about
concerns about justice and equality. That's how we move forward."
Nakamura contributed from Washington.
William Wan is the Post's roving national correspondent, based in Washington, D.C. He previously served as
the paper’s religion reporter and diplomatic correspondent and for three years as the Post’s China
correspondent in Beijing. Follow @thewanreport
David Nakamura covers the White House. He has previously covered sports, education and city government and
reported from Afghanistan, Pakistan and Japan. Follow @davidnakamura
http://www.militarytimes.com/articles/retired-gen-james-mattis-says-civilians-know-little-about-themilitary
Retired Gen. James Mattis says civilians know little about
the military
By Andrew Tilghman
Military Times, September 7, 2016
(Photo Credit: Bryan Steffy/Getty Images)
Most Americans greatly admire the military -- but they actually
know almost nothing about it.
“Most people know nobody in the military,” said retired Marine
Corps Gen. Jim Mattis, who spent 44 years in uniform.
“There are many people who do not know if the U.S. Army has
60,000 men or 6 million. They do not have a clue about that,” he said.
Mattis, the revered four-star general who headed U.S. Central Command before retiring in 2013, is the coauthor of a new book, "Warriors & Citizens," that reveals ground-breaking research about the cultural gap
between the military and the civilian population it serves.
Mattis, now a fellow at the Hoover Institution in California, launched a sweeping research project that
surveyed thousands of Americans on their views about the military.
The results revealed a surprising level of ignorance and unfamiliarity. One in three people confessed that
they had little or no familiarity with the military and simply declined to answer many questions about it.
Half of all Americans cannot recall socializing with a military service member or military spouse within the
past year.
Mattis discusses the military-civilian divide [VIDEO, 06:20]
When asked how many people are in the military, Americans on average guess about 6.4 million. The
actual number is about 1.3 million.
Experts say that reflects the shrinking size of the military, military recruiters' heavy reliance on specific
regions like the South, and the closure of many military bases during the past 20 years, which has isolated
today’s troops in fewer locations.
Yet most civilians admire the military and its service members, regardless of their lack of knowledge.
About 70 percent of Americans said most members of civilian society have “a great deal of respect for the
military.” And 85 percent said they are personally “proud of the men and women who serve in the
military.”
“It looks like that connection [between military and civilians] is very broad but very shallow. That was a
surprise to us,” said Kori Schake, who co-authored the book with Mattis. She’s a former Pentagon official
who studies military issues at the Hoover Institution.
Mattis said he believes today’s civil-military relations are healthy. But he’s wary of the future, as the
military continues to shrink and the gap potentially intensifies.
“I think the gap can be tolerated so long as we maintain a fundamental friendliness in America toward one
another and a respect for each other,” Mattis said in a recent Military Times interview.
“America is quite right to be proud of their military, but at the same time there has got to be a sense of
common purpose between these two elements. If, in fact, this gap grows and we lose the sense of common
purpose, then I think we have a problem,” he said.
http://www.militarytimes.com/articles/retired-gen-james-mattis-says-civilians-know-little-about-themilitary
Mattis said he was concerned that “policy makers who have never served in the military” will “continue to
use the military to lead social change in this country,” pointing to the decision earlier this year to open all
combat jobs to women.
“We are liable to find ourselves paying the cost on a battlefield that we do not want to pay. There is no
God-given right to victory on the battlefield. You win that through the skill and the devotion, the valor and
the ferocity of your troops. You have to be very, very careful, I think, if this gap grows, and it surely will.
We have to be very careful that we do not undercut the military battlefield effectiveness with shortsighted
social programs," Mattis said.
http://warontherocks.com/2016/09/six-ways-to-fix-the-armys-culture/
Six Ways to Fix the Army’s Culture [OPINION]
By David Barno and Nora Bensahel
War on the Rocks, September 6, 2016
On September 21, the Atlantic Council will publish our major
report, The Future of the Army: Today, Tomorrow, and the Day
After Tomorrow. It includes 50 recommendations to help the U.S.
Army prepare for the long-term future while still dominating a
broad range of current and near-term conflicts. Our most important
recommendations are not about fielding advanced weaponry,
improving urban training, or even retaining the best talent (though
those are all necessary). Instead, we believe the most critical
prescriptions involve changing parts of the Army’s culture — those elements of the Army’s self-identity
that are problematic, outdated, or both. Those cultural changes must happen if the U.S. Army is to remain
the best in the world over the next decades and beyond. And these moves need to begin now, because they
will undoubtedly make today’s Army stronger as well.
Without question, there are many positive aspects of the Army culture that should be maintained, including
the Army Values, the Warrior Ethos, and an enduring outlook of “mission first, troops always, get it done.”
However, other elements of its culture are becoming substantial liabilities as the Army faces an
increasingly dynamic and challenging operating environment. Cultural standards that value process over
substance, muffle the ideas of junior personnel, and disparage education and critical thinking must be
eradicated and replaced with new norms that reward willingness to think creatively, innovate, and change.
As a preview for “Strategic Outpost” readers, we offer the six most important recommendations for
changing Army culture that will appear in our report:
1. Accept More Risk
Warfare is inherently dangerous, and especially so on land. Armies at war kill people and destroy things,
and their leaders must master that chaotic and risky business in peacetime. Yet the Army’s overweening
approach to safety has created a widespread culture of near-total risk aversion when troops are not in
combat. Leaders at all levels are held to impossible standards in a misguided, centralized attempt to limit
every imaginable accident or error, whether on duty or off. One need only to review the recent Army
messages cautioning soldiers on the dangers of crossing streets while playing Pokémon Go or plow through
the safety paperwork required for a weekend pass to see how the Army has lost its moorings on the
appropriate balance between risk tolerance and safety.
The inability to manage risk prudently and underwrite smart risk-taking by subordinate leaders deeply
corrodes the trust that enables mission command — the Army’s warfighting philosophy built around
decentralized command and control. Left unchecked, the Army’s camouflaged version of helicopter
parenting will inexorably destroy the initiative and judgment of its junior leaders and ultimately debilitate
the way the Army fights. Senior leaders need to seek feedback from their subordinates to help identify the
worst of these practices and enact common sense approaches that treat soldiers like the professionals that
they are.
2. Reinstitute “Power Down”
The initiative of junior leaders is also being threatened by technology that increasingly enables senior
leaders to micromanage even small unit actions, from peacetime gunnery qualifications to combat assaults
on enemy compounds. Micromanagement in garrison is also rampant, undermining the very principles of
http://warontherocks.com/2016/09/six-ways-to-fix-the-armys-culture/
mission command that the Army then expects its soldiers to practice when fighting. A 2014 Army study,
for example, found that 41 percent of junior NCOs did not believe that they were empowered to make
decisions, and only 59 percent were satisfied with the amount of freedom they had to perform their jobs.
Yet on the future battlefield, where communications networks are likely to be degraded, even Army junior
leaders will have to be comfortable operating with unparalleled autonomy, guided only by their
understanding of mission and intent.
To right this balance, the Army should reenergize the concept of “power down,” pioneered by Lt. Gen.
Walter Ulmer in the 1980s. This involved decentralized leadership based upon trust in subordinates and
greater autonomy of junior leaders in garrison as well as combat. Virtually none of today’s garrison
procedures — from auto safety checklists to high level-directed wear of reflective belts (beautifully
mocked in the Duffel Blog) — are consistent with this philosophy. Expecting audacity among junior leaders
in combat while micromanaging them in peacetime garrisons is a recipe for battlefield failure. The Army
must restore its commitment to decentralized leadership and frontline leaders’ authority and practice what it
preaches in garrison as well during operations.
3. Decrease Tolerance of Bureaucracy
As we’ve argued at War on the Rocks before, the Army is inundated with more regulations and
bureaucratic processes than any other military service. Its dense and ever-growing thickets of regulations,
rules, and processes cripple innovative ideas, retard creative thought, and slow decision-making to a snaillike pace, especially within the institutional Army. In both today’s and tomorrow’s world, however,
effective organizations must make decisions almost instantaneously in response to data that flows at the
speed of light. The Army simply cannot continue to tolerate such excessive levels of bureaucracy and
cumbersome industrial-age processes at the same time it trumpets agility and adaptability as essential
attributes necessary to the warfighting force. Senior Army leaders should continue to reduce nonwarfighting headquarters and staffs, and demand streamlined and truly automated processes to realize the
promise of information technology. For these efforts to succeed, they must be led from the top while also
engaging junior soldiers and leaders to identify roadblocks to reform and generate solutions.
4. Reduce Excessive Deference to Rank and Position
Encouraging new and diverse ideas or soliciting controversial opinions from junior people is a significant
challenge for a hierarchical organization with clearly displayed rank and authority. Open disagreement and
divergent views tend to be deeply discouraged within the Army, ranging all the way from its smallest units
to the highest levels of the Army staff. This culture grows out of the understandable need to limit
disagreements in tactical units. No one wants privates or lieutenants to argue with their commanders about
how to carry out a night attack or to debate orders during a firefight. But such constraints outside combat
can prevent Army leaders at all levels from hearing different points of view and being able to consider the
widest range of options, which they need in order to innovate, adapt, and make good decisions in a fastchanging environment. Army leaders must find more protected ways to encourage open debate and
legitimate (if tactful) disagreement, such as designating a “devil’s advocate” for all discussions. Seeking
out conflicting ideas and encouraging genuine dialogue must be seen as prized components of good
leadership, instilled in doctrine and evaluated in fitness reports when assessing leaders’ future potential.
5. Reject Army Anti-Intellectualism
Anti-intellectualism in the Army is not new, but it has grown as an unintended consequence of the recent
wars. Since 2001, deployments to Iraq or Afghanistan have effectively become the only valued duty
assignment for rising leaders. Spending time earning a civilian graduate degree, teaching at West Point, or
http://warontherocks.com/2016/09/six-ways-to-fix-the-armys-culture/
serving in a broadening assignment away from troops was quietly denigrated as “taking a knee” and often
harmed the career prospects of those who had done so. Such sentiments may be understandable during
wartime, though they inevitably have harmful long-term consequences. Now, however, Army senior
leaders must actively reverse this trend. They need to mentor the service’s rising stars to invest in and value
educational and broadening pursuits — and, even more importantly, ensure that promotion boards
recognize, incentivize, and reward these choices as vital contributions to the future of the service. They
should increase the opportunities for officers to attend civilian graduate school, which enable students to
develop deeper critical thinking skills and to learn from a diverse set of faculty and classmates in ways than
can never occur in a purely military degree program. (Extra bonus: The Army wouldn’t need to pay for
many of these opportunities, thanks to the generous educational benefits provided by the Post-9/11 G.I.
Bill.)
The Army should also reinstate the requirement for every career officer to develop skills in two specialties,
rather than to focus narrowly on one. This would produce officers with a much broader range of talents,
who would be educated and then employed effectively across more than one skill to support the Army’s
disparate needs. These measures would help rising Army leaders think more creatively about the wide
range of challenges facing the Army and contribute more effectively at the strategic level within the
Department of Defense or the wider interagency arena.
6. Strengthen Ethics and Integrity
The cornerstone of the Army as a profession rests upon the uncompromising ethical standards and integrity
of its members. Yet an explosion of bureaucratic requirements means that Army leaders at all levels are
often forced to compromise their integrity in order to meet an ever-growing list of recurrent demands. In
a previous column, we wrote about a report called Lying to Ourselves: Dishonesty in the Army
Profession, authored by two professors at the U.S. Army War College. It found that it was “literally
impossible” for Army officers to meet all the requirements imposed on them by higher headquarters, yet
also found that failing to meet those same requirements was professionally unacceptable. The result is a
pattern of pervasive dishonesty, false reporting, and widespread rationalization of cheating across the
service. The Army, which imposes most of these requirements, is thus profoundly violating some of its
own core values — especially honor and integrity.
If unquestioned integrity is to remain a cornerstone of the Army profession, senior leaders must
aggressively correct this very serious problem. They should seek input from their subordinates to better
understand the demands that promote unethical reporting and decision-making across the force. They must
then systematically review all existing requirements to pare them down to only those that are essential,
realistic, and achievable. Finally, they must put tough new systems in place to vet any newly proposed
requirements to ensure that these three standards are always met.
If you’re interested in learning more about the report, it will be available on the website of the Atlantic
Council on September 21. We are also holding a public launch event at the Atlantic Council that morning at
9:30 AM, which you can attend by registering here or watch as it is livestreamed. We hope the report will
stimulate lots of discussion, creative thinking, and new ideas to help ensure that the U.S. Army remains the
preeminent fighting force in the world in the years and decades to come.
Lt. General David W. Barno, USA (Ret.) is a Distinguished Practitioner in Residence, and Dr. Nora
Bensahel is a Distinguished Scholar in Residence, at the School of International Service at American
University. Both also serve as Nonresident Senior Fellows at the Atlantic Council. Their column appears in
War on the Rocks every third Tuesday. To sign up for Barno and Bensahel’s Strategic Outpost newsletter,
where you can track their articles as well as their public events, click here.
Diversity
http://www.military.com/daily-news/2016/09/06/defense-department-releases-new-tricare-transgenderpolicy.html
Defense Department Releases New Tricare Transgender
Policy
By Amy Bushatz
Military.com, September 6, 2016
The Pentagon celebrates Lesbian, Gay, Bi-Sexual, and Transgender
Pride Month. (Chad J. McNeeley/Navy)
The U.S. Defense Department on Tuesday released a
new Tricare policy for expanding transgender treatments for
military family members and retirees.
The coverage change had been in the works and was first reported
by Military.com.
The move gives the health care system's regional contractors the go-ahead to cover some transgender care
starting Oct. 6.
The policy covers mental health counseling and hormone therapy for "gender dysphoria," the clinical term
for those who identify as a gender different from the one they were assigned at birth. It prohibits hormone
therapy coverage for children under 16.
"Because a diagnosis of gender dysphoria in a prepubertal child may resolve [a majority of childhood cases
do not persist into adolescence], endocrine treatment of prepubertal children ... is not authorized," the
policy states.
Prior to the release, some transgender Tricare treatment has been covered through waivers provided
by Navy Vice Adm. Raquel Bono, head of the Defense Health Agency.
A ban on openly serving transgender troops was lifted by Defense Department officials in June.
By Oct. 1, officials will issue a handbook for commanders and all those affected by the new policy, as well
as medical guidance for providing transition care to transgender troops.
As part of the new policy, military medical facilities will provide hormone treatment, counseling and sexchange surgery when deemed "medically necessary."
Sex-change surgery is explicitly prohibited in Tricare's new policy, unless it is treating "ambiguous
genitalia which is documented to have been present at birth," the policy states.
Tricare is prohibited by law from covering the procedure, according to a Defense Department spokesman.
Full details of the new policy can be found here.
Amy Bushatz can be reached at [email protected].
https://www.armytimes.com/articles/female-nco-tries-out-for-armys-elite-75th-ranger-regiment
Female NCO tries out for Army’s elite 75th Ranger
Regiment
By Michelle Tan
Army Times, September 1, 2016
As the Army continues to integrate women into combat arms jobs, the 75th Ranger Regiment has seen its
first female soldier attempt to join its ranks.
The staff sergeant attended the 75th Ranger Regiment’s Ranger Assessment and Selection Program 2 in
June, officials said. RASP 2 is designed for soldiers in the rank of staff sergeant and above and all officers
volunteering for assignment to the elite regiment.
“The female soldier did not meet performance objectives required for assignment to the 75th Ranger
Regiment,” said Lt. Col. Robert Bockholt, a spokesman for U.S. Army Special Operations Command. “The
female soldier has been afforded the opportunity to reapply for RASP 2 beginning December 2016.”
Bockholt, who declined to provide the soldier’s name or military occupational specialty, said the NCO
attended the RASP 2 course that began June 16. She has not attended or attempted the Army’s Ranger
School at Fort Benning, Georgia, Bockholt said.
To date, she is the only woman to attend either RASP 1, designed for junior soldiers wishing to join the
75th Ranger Regiment, or RASP 2, Bockholt said.
RASP 2 is a 21-day course for officers and soldiers in the rank of staff sergeant and above who want to
serve in the 75th Ranger Regiment. The course, which is offered about nine times a year, assesses the
suitability of mid- and senior-grade leaders for assignment to the regiment and teaches them the operational
techniques and standards of the regiment, Bockholt said in a statement to Army Times. The course also
provides training in special tactics, equipment and missions unique to the regiment. It is required for
assignment to the regiment.
The Army is integrating women into its combat arms specialties, such as infantry, armor and special
operations, after Defense Secretary Ash Carter lifted all gender-based restrictions on military service.
Carter announced his decision on Dec. 3, paving the way for women to serve in these previously all-male
specialties.
Before this decision, the Army in the past three years has opened about 95,200 positions and nine
occupations to women. This includes the combat engineer (12B) and cannon crewmember (13B) military
occupational specialties.
The Army also conducted a gender-integrated assessment of and later opened its storied Ranger School.
Three women have graduated from the course so far, earning the coveted Ranger tab.
Since the beginning of this year, about 200 women have either enlisted, commissioned or transferred into
previously closed occupations, according to information from the Army. Among those are about 140 new
recruits who are slated to begin training early next year.
This summer, the Army also approved applications from two female officers to attend Special Forces
Assessment and Selection, an early step toward becoming a Green Beret.
In all, 340 of 460 applications to SFAS were accepted. Of those, nine applicants were women, officials
said. The women who were accepted – one went to officer candidate school and the other attended a fouryear ROTC program – could attend SFAS as soon as this fall.
https://www.marinecorpstimes.com/articles/new-rules-make-it-easier-for-wounded-marines-to-stay-inuniform
New rules make it easier for wounded Marines to stay in
uniform
By Lance M. Bacon
Marine Corps Times, September 1, 2016
Photo Credit: Marine Corps
Combat-wounded Marines who want to stay in uniform now have
fewer hoops to jump through.
Manpower officials have modified decade-old rules that offer
permanent limited duty status to qualified Marines. Under the new
Expanded Permanent Limited Duty Status policy, Marines
approved for retention can re-enlist for 48 months at a time, and
continue to do so without having to face more retention boards.
Marines who desire a spot must submit medical and physical evaluation board results, and a letter to the
commandant that states a reason for retention, according to a Corps-wide message signed by Commandant
Gen. Robert Neller. The Marine must be willing to accept a lateral move (and is asked to provide three
choices), and geographic assignment if determined necessary. Assignments will be restricted to locations
that have proper medical facilities required for a combat-wounded Marine's injuries, according to the
message.
Marines accepted into the program do not have to repeat these steps for subsequent re-enlistments unless
there is a change to their medical status.
It is not clear how many PLD Marines are eligible, as manpower officials did not immediately respond
when asked how many Marines apply for and are granted this status annually.
Before being accepted into the program, eligible Marines are warned that by showing a fitness for
continued duty, they could adversely affect some benefits and entitlements they would otherwise receive
through the Veterans Affairs Department. Marines who stay in uniform for one year or longer will be reevaluated upon final separation, “and are subject to a potentially lesser subsequent disability rating as
determined through the Integrated Disability Evaluation System,” according to the MARADMIN.
“It is imperative that Marines seeking retention under this policy are fully counseled on the implications of
their decision that may be better served by being either medically retired or separated and who might better
avail themselves of VA services/entitlements,” the message states.
At the same time, the Corps looks to honor those who desire to stay on active duty despite their medical
restrictions. A combat-wounded Marine found “unfit” for continued service by a physical evaluation board
can apply for permanent limited duty to carry him to his established end of active service as long as his
injuries were the result of hostile action, meet the criteria for awarding of the Purple Heart, and were not
the result of his own misconduct. This Marine need not pass the physical or combat fitness test, and is not
required to be worldwide deployable, according to the message.
Height and weight standards may also be waived on a case-by-case basis. However, the Marine must be
capable of performing in a military occupational specialty and effectively contribute to the Marine Corps’
mission.
Lance M. Bacon is senior reporter for Marine Corps Times. He covers Marine Corps Combat Development
Command, Marine Corps Forces Command, personnel / career issues, Marine Corps Logistics Command,
II MEF, and Marine Forces North. He can be reached at [email protected] .
Miscellaneous
http://www.dallasnews.com/investigations/headlines/20160907-dallas-shooter-s-army-personnel-filesreleased-offer-few-new-details.ece
Dallas shooter's Army personnel files released, offer few new
details
By Sue Ambrose and Terri Langford
The Dallas Morning News, September 7, 2016
Micah Johnson, the shooter in the July 7 police ambush in downtown
Dallas, enlisted in the Army reserves in 2009. (Anthony Redmon/Facebook)
Newly released military records for Dallas police shooter Micah Johnson
still don’t fully explain what actions the Army took after his commanders
found he had sexually harassed a fellow soldier.
Johnson was sent home from Afghanistan in July 2014 after an
investigation found he had stolen a female soldier’s underwear and posted
harassing comments on Facebook.
The lawyer who represented Johnson in the sexual-harassment case has said commanders recommended an
“other than honorable discharge” and Johnson essentially pleaded to a lesser charge.
The newly released personnel records do not mention the sexual-harassment case. They confirm that
Johnson was placed in a reserve service that would have allowed him to be recalled on an individual basis.
The Army has said he was never formally discharged, and instead was simply released from active duty
with an “honorable” characterization of service.
Johnson’s family members could not be reached for comment.
Two months ago, Johnson shot and killed four Dallas police officers and one DART officer. The attack was
the nation’s deadliest day for law enforcement since 9/11. Johnson began shooting at the end of a peaceful
downtown protest about police killings of black men nationwide; Dallas police said he was targeting white
officers.
After a standoff on the second floor of El Centro College, Johnson was killed by a police robot carrying an
explosive.
On Twitter:@bysambrose
Follow @bysambrose [email protected]
http://bigstory.ap.org/article/d9b45e8de0d448c28275f073918b15af/new-law-allows-female-wwii-pilot-beinurned-arlington
Female WWII pilot has finally been laid to rest at Arlington
By Matthew Barakat
The Associated Press, September 7, 2016
Air Force Capt. Jennifer Lee, right, kneels as she presents an
American flag to Terry Harmon, center seated, daughter of World
War II pilot Elaine Danforth Harmon, during burial services,
Wednesday, Sept. 7, 2016 at Arlington National Cemetery in
Arlington, Va. It took an act of Congress, but Harmon was finally
laid to rest on at Arlington National Cemetery, she died last year at
age 95. She was one of the Women Airforce Service Pilots (WASP),
a group of women who flew military aircraft on noncombat
missions during World War II so that men were freed up for
combat. (AP Photo/Pablo Martinez Monsivais)
ARLINGTON, Va. (AP) — After flying military planes during World War II, raising a family, visiting all
seven continents and bungee-jumping in New Zealand at 83, Elaine Harmon had one final, seemingly
simple wish: to be laid to rest at Arlington National Cemetery.
Harmon got her wish Wednesday, at a funeral with military honors and a flyover, but it took a lobbying
campaign by her family and an act of Congress.
In the process, the campaign helped bring to light the long-forgotten exploits of the fearless female pilots
known as the WASPs.
Harmon, who died last year at 95, was a member of Women Airforce Service Pilots, who flew military
aircraft on support and training missions during World War II so that men were freed up for combat.
The women did not have military status at the time but were retroactively designated veterans in 1977. And
for many years, WASPs were eligible to have their ashes placed in urns at Arlington.
Last year, though, Army officials concerned about limited space at the cemetery ruled WASPs ineligible
for Arlington.
Harmon's family fought back. In December, an Associated Press story about the family's campaign
prompted widespread criticism of the Army. In May, President Barack Obama signed legislation allowing
WASPs in Arlington.
The legislation — which passed unanimously — was sponsored by Rep. Martha McSally, R-Arizona,
herself a retired Air Force officer who was the first female fighter pilot in U.S. history to fly in combat.
McSally said the WASPs were an inspiration for her when she was the only female pilot in her training
class.
"These were feisty, brave, adventurous, patriotic women," she said, recalling that some of the WASPs gave
her pep talks when she considered leaving the Air Force early on.
Harmon's granddaughter, Erin Miller, helped lead the lobbying efforts. She even had "H.R. 4336," the
name of McSally's legislation, tattooed on her forearm.
Miller recalled how her grandmother wore her uniform on Veterans Day and gladly partook of free meals
that restaurants would offer vets. Miller said she couldn't believe the Army considered her grandmother's
ashes ineligible for Arlington.
"I was mostly confused at first. Even Applebee's knew she was a veteran," Miller said.
Family and friends said the sense of adventure that led Harmon to fly military airplanes carried over into
the rest of her life. Harmon's daughter, Terry Harmon, described the mandatory sing-alongs on car trips and
her mother's penchant for dressing up on holidays. Every year for Halloween, she dressed up as the Wicked
Witch to spook children who trekked up the dark house on the hill for candy, she said.
http://bigstory.ap.org/article/d9b45e8de0d448c28275f073918b15af/new-law-allows-female-wwii-pilot-beinurned-arlington
"Every kid in the neighborhood was petrified to trick-or-treat at her house, but the homemade caramel
apples made it worth the risk," she said.
Eligibility for in-ground burial at Arlington is extremely tight, and not even all World War II veterans are
entitled to be laid to rest there. But eligibility for above-ground placement of ashes is not as strict.
Kate Landdeck, a Texas Woman's University history professor who has researched the WASPs, said
roughly 1,100 women earned their wings while the program was in effect from 1942 to 1944. Thirty-eight
were killed.
Fewer than 100 are still alive, Landdeck said. The youngest is 93.
The women test-flew repaired military aircraft, trained combat pilots and towed airborne targets that other
pilots fired at with live ammunition.
After the WASPs were disbanded, many of the records detailing the program were deemed classified until
the 1970s, when the push to grant them veteran status began. In 2009, the WASPs received the
Congressional Gold Medal, but the campaign to get them into Arlington exposed even more people to the
WASPs' role in history.
"No one knew who these women were in the 1990s," Landdeck said.
The dangerous work required of WASPs, in an era when women faced overt discrimination, appealed to
women with a certain fearlessness, Landdeck said.
"These women were not afraid, and if they were afraid, they'd do it anyway," she said.
Shirley Chase Kruse, 94, of Pompano Beach, Florida, was one of several WASPs who attended
Wednesday's service. She recalled Harmon's adventurous spirit and said she hopes more people learn about
the WASPs.
"For 30-some years," she said, "they've been trying to shove us under the rug."
https://www.marinecorpstimes.com/articles/gunny-got-a-law-degree-on-active-duty-and-says-you-can-too
Gunny got a law degree on active duty and says you can, too
By Charlsy Panzino
Marine Corps Times, September 4, 2016
Gunnery Sgt. Frank Daugherty said he wanted to make sure his
relationship with his children didn't suffer while he was in law school.
(Photo Credit: Courtesy of Gunnery Sgt. Frank Daugherty)
Active-duty Marine. Husband. Father of three. Attorney.
Gunnery Sgt. Frank Daugherty isn’t satisfied with the status quo as a
Marine. Daugherty hits 17 years in the Marine Corps in December, and he
wants to make sure he can be just as successful after he separates in a few
years.
“At the end of my first enlistment, I had just come back from Operation
Enduring Freedom,” said Daugherty, who’s an amphibious assault
crewman at Camp Pendleton, California. “I was looking to get out and go
back to Kentucky as a corporal, but I wasn’t qualified to do anything that
I wasn’t qualified to do before joining the Marine Corps.”
Daugherty re-enlisted but knew he didn’t want to be scrambling when he officially left the service. His
post-military plan didn’t come together until he met his wife, who is a corporate accountant.
“She was pretty successful, and I was way behind the power curve in life,” Daugherty said. “She really
pushed me to go back to school.”
The gunny took the Graduate Management Admission Test and earned his MBA, but he realized he didn’t
enjoy studying business. He looked into law school and found California Southern University offered
online law degrees. He enrolled in the juris doctor degree program, which is primarily for students looking
to practice law as an attorney.
Daugherty said he was told only 17 percent of students pass the first year.
"It started off as an almost negative experience" because he was told to not be surprised if he didn't succeed
at first.
Not only did Daugherty pass the first year, but he also passed the California Bar exam on his first attempt
in February.
The road there
Now a licensed attorney, Daugherty said it was difficult trying to balance law school, his job as an activeduty Marine, and his family.
“It was really stressful,” said Daugherty, who has three children ages 4, 6 and 9, plus a niece who lives with
them.
Since he didn’t want his relationships with his children to suffer, he focused on studying in the mornings,
during his lunch break and after the kids were asleep. He said it helped to break up the assignments that
way.
“I would just break it down and dedicate three hours a day but in chunks for three assignments,” Daugherty
said.
He also dedicated much of his weekend time to studying.
https://www.marinecorpstimes.com/articles/gunny-got-a-law-degree-on-active-duty-and-says-you-can-too
“I don’t have very many hobbies,” he joked.
His work in the Marine Corps hasn’t changed since he became an attorney, but he said he's able to give
back in a different way.
“I get a lot of people who come to ask me for help,” Daugherty said. “I really enjoy helping people.”
No excuses
Daugherty’s advice for service members who want to pursue higher education is to be honest with
themselves about how much time they have.
“If you have an hour to play on Instagram or Snapchat, you have time” to work toward a goal, he said.
Instead of waiting to use the GI Bill after separating, Daugherty encourages using it while still serving.
“If you’re going to get out to use this stipend, why don’t you graduate college and get paid?” he said.
“After all these years, I still have four months of my GI Bill left. Don’t let your benefits go away.”
He also doesn’t want service members to think they have a limited number of options.
“A lot of people get stuck” focusing on which schools they can attend or how difficult it will be.
“Don’t be intimidated,” he said. “My best advice: Just do it.”
With the MBA and law degree, Daugherty said he doesn’t have the anxiety he had when thought about
separating as a younger man.
“I can go anywhere I want and work anywhere I want and make a reasonable living,” he said. “It’s a mental
safety net that lets me sleep at night.”
Charlsy Panzino covers veterans education, employment and transition issues, as well as
travel, entertainment and fitness. Email her at [email protected].
http://www.militarytimes.com/articles/collect-data-on-national-guard-reserve-children-too-advocates-say
Include National Guard, reserve children in school data
collection, advocates say
By Karen Jowers
Military Times, September 7, 2016
(Photo Credit: Orlin Wagner/AP)
Children of National Guard and reserve members are military kids,
too — and should be included in a new federal mandate for data
gathering, advocates say.
The new requirement is part of 2015's Every Student Succeeds Act,
which goes into effect no earlier than the 2017-18 school year.
Officials at the U.S. Education Department are still ironing out how
to implement the comprehensive new law. The requirement adds children of active-duty members to the
various demographic information already collected, such as ethnic groups.
"Ultimately we'll have a better understanding of the potential 1.2 million K-12 military students in public
schools, including public charter schools," said Mary Keller, president and CEO of the Military Child
Education Coalition. She and other advocates have long asked for a military student data identifier in order
to get a clearer picture of how military students fare in comparison to other students.
One major issue that military children face is the transition to a new school each time a parent is transferred
to a new duty station. In many cases, children of Guard and reserve members don’t move as frequently as
kids of active-duty troops.
“It isn’t just about moving. It’s about recognizing and accommodating the needs of military children,”
Keller said. The Military Child Education Coalition has asked the Department of Education to include three
separate options for identifying military children at enrollment: active duty, National Guard, or reserve.
There are more than 500,000 school-aged children of National Guard and reserve members, living within
all 50 states. Parents of these children routinely deploy, the coalition noted in a letter to Education
Department officials. The Education Department is in the midst of rule-making and clarified in an earlier
rule that the law applies only to children of active-duty members.
“Teachers and school administrators are often unaware of military-connected children being within their
schools and classrooms and therefore not attentive to not only the academic needs, but also the social and
emotional well-being of these children. More accurate considerations of the amplified needs of these
children would be possible via the military student data identifier,” the coalition wrote.
Currently 19 states collect information about a child's parents' military status. Almost all also ask if the
parent is National Guard or reserve, Keller said. For parents, the new requirement means that when they
enroll their child in a school after the law takes effect, they will be asked about their military status.
Providing that information is voluntary.
At the local level, school officials will know about military parents, and it will help those officials provide
resources if needed for children during transitions and deployments, Keller said.
But once the enrollment information is sent to the school district, the child's information is anonymous. The
child will be assigned a randomly generated number identifier, which protects the child’s identity, Keller
said.
At the national level, the data about these anonymous military students won’t be available for several years
after the military student data identifier is implemented. And when it is available, researchers and officials
will need to look at data over multiple years, Keller said.
“You’re looking at student growth and progression over time,” she said. If there are gaps in certain areas, or
certain patterns relating to military children, officials can add resources to help address those needs, as they
can with other student populations, she said.
http://www.militarytimes.com/articles/collect-data-on-national-guard-reserve-children-too-advocates-say
Examples of areas that can be compared are attendance; achievement; participation in advanced programs
such as gifted programs; participation in special education programs; and those whose primary language is
other than English.
While some assume that the military lifestyle has an overall negative impact on children, that’s not
necessarily a correct assumption, Keller said.
“That’s unfair to our kids. I think we’re going to find a lot of strength” in the military child population, she
said. "That’s as important as where the gaps are. When things are going well, how do you keep that
trajectory?”
http://www.cnn.com/2016/09/07/us/navajo-code-talker-joe-hosteen-kellwood-obit/index.html
Joe Hosteen Kellwood, a Navajo code talker during WWII,
dies
By Madison Park
CNN, September 7, 2016
Navajo code talkers attend the 2011 Citi Military Appreciation
Day event to honor veterans and current service members in
New York's Bryant Park on November 11, 2011.
Joe Hosteen Kellwood, one of the Navajo code talkers
during World War II, has died at age 95.
The Navajo Nation Council confirmed his death, hailing
the services and sacrifices made by Navajo warriors.
Kellwood died Monday at the Veterans Hospital in
Phoenix, according to an obituary posted at a local mortuary. He served in the First Marine Division and
fought during World War II in the Pacific front, seeing battle in Cape Gloucester, Peleliu and Okinawa.
As a boy, Kellwood had been spanked in school for daring to speak Navajo. But his language skills would
later prove indispensable in US war efforts.
The Marines tweeted a video of Kellwood singing the Marines' hymn in Navajo and wrote: "Honor the
fallen. Yesterday, one of the last remaining Navajo code talkers passed away at 95 years old."
The Navajo Times reported earlier this year that there are less than 20 surviving code talkers.
Kellwood worked as a Navajo code talker until the war ended in 1945. He was awarded the Congressional
Silver Medal, Presidential Unit Citation, Combat Action Ribbon, Naval Unit Commendation, Good
Conduct, American Campaign Medal, Asiatic-Pacific Campaign Medal and WWII Victory Medal,
according to his obituary.
The Arizona governor called Kellwood a "hero and patriot."
"Kellwood served with distinction in the 1st Marine Division as a Navajo code talker, ultimately helping
lead the allied forces to victory in World War II," Gov. Doug Ducey said in a statement. "Let us never
forget the countless contributions that code talkers made to our state and our country."
Longed to join the Marines
Kellwood was born in Steamboat Canyon, Arizona, in August 20, 1921.
When he was 10, he was sent to a school at an Apache reservation run by the US military, he told the
Veterans History Project in an interview. He couldn't speak English so he got punished when he spoke in
his native language.
During World War II, he wanted to enlist in the Marine Corps after reading about efforts in the Battle of
Guadalcanal, he told the Veterans History Project. He had no idea about the code talkers when he enlisted
in 1942, since it was a secret program.
The Navajo code talkers trained at Camp Elliott, near San Diego. Kellwood underwent intensive training,
learning Morse code, radio and Navajo codes.
"I studied on my own at night," he said about the training. "You had to memorize all the words at the time,
211 words. They were long words. I spelled it. I learned."
http://www.cnn.com/2016/09/07/us/navajo-code-talker-joe-hosteen-kellwood-obit/index.html
Military authorities chose Navajo as a code language because its syntax and tonal qualities were almost
impossible for a non-Navajo to learn, and it had no written form. The ranks of the Navajo code talkers
swelled to more than 300 by the end of the war in 1945.
The code talkers were involved in transmitting tactical information in every major operation involving the
Marines in the Pacific, according to the CIA.
The Navajo code baffled the Japanese, who had successfully deciphered codes used by the US Army. After
the war, the Japanese chief of intelligence, Lt. Gen. Seizo Arisue, admitted they were never able to crack
the Navajo code used by the Marines and Navy, according to the Navy.
The code talkers were forbidden from telling anyone about it until their work was declassified in 1968.
The group later gained legendary status with books and, ultimately, a 2002 movie that was inspired by their
stories called "Windtalkers," starring Adam Beach and Nicolas Cage. .
Brothers die within days of each other
After the war, Kellwood settled in Sunnyslope, Arizona.
He was close to his older brother, Roy Kellwood, who was also a World War II veteran and had served in
the US Army Air Forces in Europe. They were always sharing stories and checking up on each other, said
nephew, Roy Kellwood Jr.
Kellwood passed away just three days after his older brother died at age 101.
"They were Navajo warriors -- that's what everyone calls them," said Roy Kellwood Jr. "They defended the
country, not just for the US, but for the Navajo nation and the Navajo people."
Their funerals will be held at the same time, he added.
Joe Kellwood will be buried at the National Memorial Cemetery of Arizona on Thursday.
"We all have wonderful memories of seeing his face light up when we walked into the room," according to
an obituary posted by his family. "He loved to tell funny stories, laugh out loud and say 'by golly.'"
CNN's Sheena Jones and AnneClair Stapleton contributed to this report.
http://www.militarytimes.com/articles/lawmakers-scrutinize-ig-probe-of-top-navy-seal
Lawmakers scrutinize IG investigation of top Navy SEAL
By Andrew Tilghman
Military Times, September 7, 2016
The recent downfall of a top Navy top SEAL is getting scrutiny from Capitol Hill as lawmakers question
whether the admiral was treated unfairly and lost his career in a politically charged and poorly managed
investigation.
The investigation of Navy Rear Adm. Brian Losey has become a flashpoint for the broader criticisms of the
Defense Department Inspector General, which is an independent agency tasked with investigating
allegations of internal misconduct.
The former head of the Navy’s SEAL Team 6, Losey’s career was derailed by allegations that he was
obsessed with loyalty and retaliated against subordinates who complained anonymously to the IG about his
travel expenses and the “toxic” work environment he cultivated.
“This was a tragic outcome that has failed to do justice to one of America’s top warriors,” said Rep. Ron
Desantis, R-Fla., a member of the House Oversight and Government Reform Committee.
“The whole ordeal raises questions about how the whistleblower process functions,” Destantis said.
The oversight committee held a hearing Wednesday about Losey’s case and the criticisms of the IG’s
office.
Losey was head of Special Operations Command Africa in 2011 when he was accused of giving poor
reviews and transferring out key staffers who filed anonymous complaints with the IG’s office.
But Losey’s advocates say he did nothing wrong.
“In realty he was simply holding a subordinate accountable for his actions,” said Ryan Zinke, a former
Navy SEAL who is a congressman from Montana.
IG criticism
Losey’s case highlights a broader controversy over the role of the IG and how it handles its unique legal
authority for investigating misconduct.
For the past several years, the Pentagon’s top watchdog has sought to crack down on whistleblower
reprisals, an effort to discourage commanders from punishing underlings for speaking up about government
waste, misconduct and poor leadership.
For example, in May, the IG for the first time substantiated a claim of reprisal from a sexual assault victim.
But some lawmakers on Capitol Hill are worried that the Defense Department’s Inspector General’s Office
has become too aggressive and may be wrongfully punishing good leaders.
The Pentagon IG's handling of whistleblower reprisal investigations was criticized in a recent report from
the Government Accountability Office, which said the IG was taking too long to complete the probes and
was using a separate internal case management system that makes it harder for lawmakers to oversee the
military reprisal investigations.
In defense of the IG’s office, lawmakers heard from Glenn Fine, the principal deputy inspector general.
“Whistleblowers are important to exposing waste, fraud and abuse in government programs and they are
instrumental in saving taxpayer money and improving the efficiency of government operations,” Fine said.
http://www.militarytimes.com/articles/lawmakers-scrutinize-ig-probe-of-top-navy-seal
“They need to be protected from reprisals for their protected disclosures. Without such protections,
individuals who can help save taxpayer money -- and possibly even help saves lives -- will not report
crucial information,” Fine said.
The IG is facing rare criticism from the Project on Government Oversight, or POGO, a group that was
founded by whistleblowers and often champions the investigations of other government IGs.
Employees fear reprisal
Mandy Smithberger, the head of POGO’s military reform project, testified Wednesday and pointed to
surveys given to all federal government employees that reveal that one in four DoD IG Office employees
are themselves reluctant to report misconduct for fear of reprisals.
And about half of the IG office's employees do not believe their leadership maintains high standards of
honesty and integrity.
“This kind of survey data raises serious concerns,” Smithberger said.
Rep. Stephen Lynch, a D-Mass., said he had no strong feelings about Losey’s case, but he said the broader
actions of the IG's office were troubling.
“We’ve got cases where there appears to be deliberate mishandling of documentation,” Lynch said.
There are reports of the IG’s office “backfilling evidence in files after a case is closed, which sounds like
some of the things that we have prosecuted people for and people are doing jail time for," Lynch said.
Fine acknowledged that the IG's office has struggled in recent years with a growing caseload, yet a budget
that remains flat. And he said investigating complaints of whistleblower reprisal is hard and criticism is part
of the job.
“We are going to get critics from both sides -- you’re too hard; you’re too soft; you’re doing a whitewash;
you’re doing a witch hunt. You’re a junkyard dog or you’re a lap dog. We get that often in the same case.
We can’t let that deter us,” Fine told lawmakers.
“Our job is to take the facts wherever they lead,” he said.
http://www.militarytimes.com/articles/senators-seek-to-prevent-oth-discharges-for-some-troops
Senators: More protection needed for troops who misbehave
after trauma
By Patricia Kime
Military Times, September 8, 2016
Photo Credit: Rafe Swan/Getty Images
Eight senators have urged Defense Secretary Ash Carter to follow
the Navy's lead in ensuring that service members aren't wrongfully
discharged for misconduct stemming from a trauma-related mental
health condition.
The senators -- six Democrats and two Republicans -- wrote Carter
on Thursday asking he consider adopting a policy that would
prevent the services from discharging personnel involuntarily under less than honorable conditions without
weighing whether their discipline problems were related to a physical or mental trauma like sexual assault
or brain injury.
In June, Navy Secretary Ray Mabus issued a policy requiring the Navy and Marine Corps to refer any
sailor or Marine processed for involuntary administrative separation who has a diagnosed mental health
condition to the disability evaluation system.
Sen. Barbara Boxer, D-Calif., questions a witness during a hearing in
Washington in 2015 in this file photo. She joined seven other senators on
Sept. 8, 2016, to ask the Defense Department to review its policy for
discharging troops for misconduct if they have a trauma-related mental
health condition. Photo Credit: AP Photo/Manuel Balce Ceneta
Also, if the service member is being processed out under an other than
honorable discharge, the case must be referred to the first general or flag
officer in the chain of command for a final determination.
The senators said a Defense Department-wide policy would help any service member who faces
disciplinary action that could be related to a mental health condition caused by trauma.
They voiced concern that sexual assault victims continue to be discharged from the military for misconduct
at rates disproportionately high when compared with the regular military population.
Legislation would halt bad military discharges due to PTSD, TBI
“Sexual assault survivors who engage in misconduct in response to trauma … are at a higher risk of being
involuntarily discharged under other than honorable conditions,” wrote Sen. Barbara Boxer, D-Calif., and
the others. “The problem, however, extends to combat veterans with post-traumatic stress disorder or
traumatic brain injury, who may also exhibit irregular behavior, difficulty performing at work, or battle
substance abuse.”
According to a Defense Department Inspector General report, nearly a quarter of military sexual assault
victims separated after reporting an assault were discharged for misconduct.
Defense Department policy prohibits the services from discharging personnel who have served in combat
for a personality disorder or other mental health condition if they also have been diagnosed with servicerelated PTSD.
Separation for a mental disorder “is not appropriate nor should it be pursued when separation is warranted
on the basis of unsatisfactory performance or misconduct,” according to the instruction, DODI 1332.14.
Military must do right by wrongly-discharged sexual assault victims, advocates say
But the senators said the policy does not go far enough.
http://www.militarytimes.com/articles/senators-seek-to-prevent-oth-discharges-for-some-troops
“[It] does not adequately weigh behavior that may have resulted from mental health conditions. As a result,
many service members with mental health conditions related to their military service can face an
involuntary discharge under less than fully honorable conditions, which can be emotionally and financially
devastating and prevent them from receiving the benefits and medical care that they need to heal,” they
wrote.
Although the Defense Department has an appeals process for protesting an other than honorable discharge,
it “can be an extremely difficult process to upgrade it through the military correction board process,” they
added.
A review of appeals to the Board of Corrections of Navy Records showed that from 2009 to 2012, 1
percent of the 4,189 other than honorable discharges that came before the board were upgraded.
The lawmakers joining Boxer in asking Carter for the change are Sen. Chuck Grassley, R-Iowa; Sen.
Kristin Gillibrand, D-N.Y.; Sen. Susan Collins, R-Maine; Sen. Amy Klobuchar, D-Minn.; Sen. Tammy
Baldwin, D-Wis.; Sen. Ed Markey, D-Mass.; Sen. Al Franken, D-Minn., and Sen. Gary Peters, D-Mich.
Misconduct
https://www.airforcetimes.com/articles/accusations-of-toxic-command-climate-in-england-led-to-colonelsremoval-in-2014-report-says
Accusations of toxic command climate in England led to
colonel's removal in 2014, report says
By Phillip Swarts
Air Force Times, September 2, 2016
A U.S. Air Force officer stationed in England, who was especially hard on his squadron commanders,
was removed from command in March 2014 due to a toxic command climate, according to a newly
released investigative report.
At the time, base officials said Col. Charles Hamilton was removed from command of the 422nd Air Base
Group at RAF Croughton, England, due to a loss of confidence in his leadership abilities. A base
spokesman told news outlets that the issue was problems with the commander’s “leadership style.”
Air Force Times obtained the investigation report through a Freedom of Information Act request. Though
all names have been redacted from the report, it includes interviews with an airman at the base who accused
the air base group commander of creating “an atmosphere of toxic leadership by berating and humiliating
his subordinate squadron commanders.”
Investigators spoke with other airmen stationed at the base, who said the commander would sometimes
raise his voice, berate his subordinates, and question their decisions in public, making some individuals at
the base feel “totally humiliated.”
This led to some airmen not feeling comfortable bringing things up with the commander, and prompted one
squadron leader to say, “In my first year he made me feel like crap and unworthy of my position.”
The official investigation, however, found that there was no “overall negative affect on the group as a
whole.”
“Some of the witnesses generally agree that he can be moody, arrogant and stern,” the investigator wrote.
“Some have felt intimidated, bullied, and not appreciated.”
Others, however, gave the colonel high marks and said he is “known to some as a leader who cares, is wellintended, and has to deal with officers who are new to command and bring much of their problems on
themselves.”
“While [the commander’s] actions and leadership style definitely had an impact on a few individuals, I do
not assess that there is a preponderance of evidence to support that his actions created a chilling effect on
squadron commanders' ability to command,” the investigator said.
The airman who filed the original complaint was also called into question. The investigator said he believed
the airman “embellished his accounts,” and that he did not consider the airman to be a “credible witness.”
Still, “given the evidence of intimidation, degradation, and ineffective meetings based in part on poor
communications and vague guidance, there is enough information to support that there was an atmosphere
of toxic leadership,” the report concluded.
Hamilton, a bomber pilot, retired from the Air Force in November 2014 after a 24-year career.
The 422nd Air Base Group is one of the Air Force’s top communications centers in Europe, and supports
NATO, EUCOM, CENTCOM and AFSOC, the service said.
https://www.marinecorpstimes.com/articles/marines-find-culture-of-hazing-abuse-at-boot-camp-afterrecruits-death-at-parris-island
Marines find culture of hazing, abuse at boot camp after
recruit's death at Parris Island
By Jeff Schogol and Gina Harkins
Marine Corps Times, September 8, 2016
(Photo Credit: Sgt. Jennifer Schubert/Marine Corps)
Multiple investigations into the death of a Muslim military recruit
at the Marine Corps’ fabled Parris Island training center have
uncovered a troubling pattern of mistreatment, and officials are
responding with a series of policy changes designed to improve
accountability and prevent future missteps.
Twenty Marines could face administrative punishment or
potentially more consequential legal proceedings, a military official told Marine Corps Times. Two
investigations were launched in March after Raheel Siddiqui, 20, fell nearly 40 feet to his death from a
barracks stairwell just days after arriving at Parris Island, which is located along the South Carolina
coast. A third investigation, which was ongoing at the time of Siddiqui's death, looked into allegations of
hazing in 2015. It was ultimately combined with the other two.
The incident has prompted questions about the way recruits are treated and disciplined as they train to
become Marines – especially minority recruits. One congresswoman has spent months pressing top Marine
leaders to prove that Siddiqui’s Muslim faith did not lead to any mistreatment during his time at Parris
Island. It followed years of immense pressure from members of Congress about how military leaders are
tackling the issue of hazing in the ranks.
The problem is very real. The Marine Corps investigated 377 alleged hazing incidents between January
2012 and June 2015, substantiating about a third of the cases. The data was obtained by Marine Corps
Times through a Freedom of Information Act request.
Investigators determined that one of Siddiqui's drill instructors had been accused of hazing and assaulting a
Muslim recruit the year prior, according to an official familiar with the investigation who spoke on the
condition of anonymity. "While under the influence of alcohol, [the drill instructor] ordered a Muslim
recruit to get inside a commercial clothes dryer and then turned the dryer on several times while
commenting on the recruit’s religion," the official said.
A series of changes will be made to Marine boot camp after a drill
instructor under investigation for hazing was allowed to lead
another platoon of recruits. Photo Credit: Cpl. Caitlin
Brink/Marine Corps
A new policy change will prohibit any Marine from continuing to
train recruits if he or she is under investigation. Perhaps more
significant, though, is the end of the age-old practice of assigning
drill instructors to specific billets based on their time at recruit
depots. With the exception of the senior drill instructor billet, the
Marine Corps is ceasing “any practice that is based on differentiating between drill instructors of differing
experience levels,” officials said.
The policy changes are effective immediately and will apply to Parris Island and the Marine Corps' West
Coast recruit training facility in San Diego.
Though Siddiqui's autopsy concluded that his "manner of death is best deemed suicide," the official said,
investigators found evidence of systematic hazing and abuse allegedly committed by personnel who run the
facility. There was also a "noted absence of oversight and supervision at various levels of command," the
official added.
https://www.marinecorpstimes.com/articles/marines-find-culture-of-hazing-abuse-at-boot-camp-afterrecruits-death-at-parris-island
"We mourn the loss of Recruit Siddiqui," Marine Corps Commandant Gen. Robert Neller said in a written
statement released to Marine Corps Times, "and we will take every step necessary to prevent tragic events
like this from happening again."
'Inconsistent processes and procedures'
Siddiqui, a Pakistani-American from Michigan, arrived at Parris Island on March 7. Six days later, he told
his drill instructors that he wanted to kill himself but later changed his mind, according to Marine officials.
Over the next 24 hours, Siddiqui was monitored before being interviewed and examined by military
medical personnel. First, he first spoke with someone from Parris Island's Recruiter Liaison Service, which
falls under Marine Corps Recruiting Command. Next, he was examined by a psychologist at the facility's
mental health unit, which falls under the Navy Bureau of Medicine and Surgery.\
After those examinations, it was recommended that Siddiqui “return to training,” the official said.
Raheel Siddiqui, 20, died on March 18 while at Marine Recruit
Depot Parris Island, S.C. Photo Credit: Facebook
On March 18, four days after Siddiqui returned to training, he wrote
a note to his drill instructor requesting medical attention for a sore
throat. After breakfast, a drill instructor summoned the recruit to the
front of the squad bay. Siddiqui was forced to run to one end of the
squad bay and back several times before he fell crying to the floor
while clutching his throat, the Marine official said.
When he appeared unresponsive, the drill instructor "verbally
ordered" Siddiqui to get back to his feet before "forcefully slapping" him in the face, the official said. The
Marine Corps' Recruit Training Order prohibits drill instructors from striking recruits.
After the slap, Siddiqui got to his feet and ran the length of his third-floor squad bay to the stairwell outside
and vaulted over the railing. He was pronounced dead several hours later at the Medical University of
South Carolina. According to the autopsy, Siddiqui suffered "blunt-force trauma to the head, neck and
torso."
Investigators' questions remain about whether Siddiqui was examined thoroughly enough before being sent
back to train just a day after threatening suicide. The investigation found "anomalies in the manner in
which [his] threat of suicide was handled in part due to inconsistent processes and procedures," the Marine
official said.
Hazing, physical mistreatment
Apart from the congressional inquiry, Siddiqui's death sparked a series of firings and suspensions at Parris
Island, where each year nearly 20,000 young men and women train to become full-fledged Marines.
Investigators found that the procedures for recording abuse allegations were unclear, and that commanders
were unaware of their roles within the investigative process. Siddiqui's recruit training company in
particular suffered from "inadequate supervision by leadership ... which resulted in a permissive
atmosphere for hazing and abuse to occur," the official said.
With the exception of the senior drill instructor billet, the Marine
Corps will no longer will no longer assign DIs to specific billets
based on their time at recruit depots. The change is the result of an
investigation into a recruit’s death that found that some more
seasoned drill instructors were mistreating their juniors. Photo
Credit: Cpl. Octavia Davis/Marine Corps
Not even the drill instructors were immune from the bad treatment.
Referred to as "hat hazing," investigators found that some of the
more seasoned drill instructors within Parris Island's 3rd Recruit
https://www.marinecorpstimes.com/articles/marines-find-culture-of-hazing-abuse-at-boot-camp-afterrecruits-death-at-parris-island
Training Battalion were mistreating the junior DIs in their platoons.
Now the Marine Corps will no longer assign drill instructors to specific billets – known as “heavy hats,”
“knowledge hats” and “fourth hats” – based on their experience levels.
To date, the Marine Corps has publicly identified two leaders who were fired as a result of the Siddiqui
investigations: Col. Paul Cucinotta, commander of the Recruit Training Regiment; and Sgt. Maj. Nicholas
Deabreu, the training regiment’s senior enlisted leader. Both were relieved of duty June 6.
Brig. Gen. Terry Williams, Parris’ Island commanding general when Siddiqui was there, was initially
slated to take a prestigious assignment leading logistics Marines deployed throughout the Asia-Pacific
regions. Instead, he was moved into a job at the Pentagon for reasons that have not been made clear.
Lt. Col. Joshua Kissoon, the 3rd Recruit Training Battalion's commanding officer, was fired on March 31
over misconduct allegations. A spokesman for Parris Island has stressed that Kissoon's relief was not
related to Siddiqui’s death.
Parris Island's new commander, Brig. Gen. Austin Renforth, took command of the facility in June. A career
infantry officer, he has pledged that Marines in his charge will "follow the rules" and "do things right."
Fixing the depots
Maj. Gen. James Lukeman, head of the Marine Corps' Training and Education Command, has taken actions
"to prevent the recurrence of issues identified in the investigations," said Maj. Christian Devine, a Marine
spokesman at the Pentagon. The new measures include:
– An increased officer presence and supervision of training.
– The mandatory suspension of any Marine who's being investigated for recruit abuse, hazing or
maltreatment.
– Better visibility and reviews of investigations above the regimental level.
– The modification of the assignment processes for drill instructors and officers.
– The cessation of any practice that is based on differentiating between drill instructors of differing
experience levels, to include enforcing a zero-tolerance policy for "hat-hazing" or hazing of any kind
among drill instructors.
– A review and possible revisions to mental health processes and procedures, to include suicide prevention
protocols.
These measures are necessary for the service, as the Corps must promise to take care of the men and
women who want to become Marines, said Neller, the service's top general. "We pledge to train them with
firmness, fairness, dignity and compassion," the commandant said. "Simply stated, the manner in which we
make Marines is as important as the finished product."
Drill instructors demonstrate proper pullups to new recruits at
Marine Corps Recruit Depot Parris Island, S.C. Photo Credit: Cpl.
Vanessa Austin/Marine Corps
But that doesn't mean the service's rigorous standards will soften,
he added. "Recruit training is, and will remain, physically and
mentally challenging so that we can produce disciplined, ethical,
basically-trained Marines," Neller said.
Discipline versus hazing
Drill instructors must strike a careful balance between the intense, and often in-your-face, interactions they
have with recruits while they’re transforming young civilians into Marines. Some of the measures DIs use
to train recruits who misbehave meet the definition of hazing in other settings. But these special tactics are
tolerated only at the recruit depots. They're banned everywhere else.
https://www.marinecorpstimes.com/articles/marines-find-culture-of-hazing-abuse-at-boot-camp-afterrecruits-death-at-parris-island
Before Marines are allowed to train recruits, they must first complete more than 500 hours of instruction
during the 11-week course at service's Drill Instructor School, said Capt. Gregory Carroll, a Parris Island
spokesman. Those Marines are taught the Drill Instructor Pledge, which is recited before each training
cycle. Marines must vow to demonstrate by example, displaying “the highest standards of personal
conduct, morality and professional skill.”
Senior drill instructors also recite a speech in front of every group of recruit who steps onto the yellow
footprints at the recruit depot, Carroll said. In that speech, all recruits are given the service’s definition of
hazing, and they’re taught that it’s not something that’s tolerated at the depots.
"If anyone should abuse or mistreat you, I expect you to report such incidents immediately to me or one of
my drill instructors," the recruits are told. "Furthermore, if you feel that I have mistreated you, I expect you
report the incident immediately to your series commander."
M Co, SSgt May gives the SDI Speech [VIDEO, 03:06]
U.S. Marine Corps Staff Sgt. Jason May, a senior drill instructor with Company M, 3d Recruit Training
Battalion, Recruit Training Regiment, gives a speech to the new recruits of Company M on pick-up day
aboard Marine Corps Recruit Depot San Diego, Calif., May 20, 2016. (Sgt. John C. Lamb/Marine Corps)
Still, hazing at boot camp has long been a concern for the Marine Corps. Decades ago, an intoxicated staff
sergeant led more than 70 recruits to a swampy tidal creek around midnight aboard Parris Island. The DI
jumped into the creek, ordering his recruits to follow him into deep waters. Several of the recruits couldn’t
swim, though, and six young men died that night.
The Marine Corps’ order on hazing was updated in 2013 after leaders. Over the last few years, several drill
instructors accused of hazing in have been sent to courts-martial.
In 2012, for instance, a drill instructor in San Diego faced a three-day trial after he was accused of
mistreating recruits. Prosecutors accused the staff sergeant of forcing recruits who’d been sidelined with
stress fractures to stand for long periods of time and ordering another recruit who had repeatedly vomited to
pick up the mess with his bare hands and then mop the floor — all while maintaining a salute. He allegedly
made another recruit drink hot water and forced one on limited duty with knee inflammation to carry 10
heavy duffel bags across the squad bay for hours after lights out.
That same year, a sergeant at Parris Island faced a court-martial after he was accused of ordering 70 recruits
into the showers where he made them run in place while he allegedly thickened the air by dumping bleach
down the drains. Another DI in that training battalion was accused of pouring bleach near a recruit, who
ended up with skin burns on his legs and buttocks.
The drill instructor at San Diego was not punished. The drill instructor at Parris Island was forced out of the
Marine Corps.
Stopping abuse
So far, Marine Corps officials have not said whether Siddiqui was hazed or abused because he was a
Muslim. His family’s attorney told the Detroit Free Press they are concerned “his religion could have
played a major role” in how drill instructors treated him.
The Siddiqui family’s congresswoman, Rep. Debbie Dingell, has been pressing the Marine Corps for
months about what role hazing may have played in Siddiqui’s death. In a June letter to Neller, the Michigan
Democrat wrote that she was deeply disturbed by a report from The Wall Street Journal about the Muslim
recruit being ordered to get into the dryer in 2015.
"How do we ensure that all recruits are treated equally and receive the proper training to be effective at
their jobs ... without resorting to tough and discriminatory tactics that could put someone's life at risk," she
wrote.
Congresswoman to visit Marine training site
https://www.marinecorpstimes.com/articles/marines-find-culture-of-hazing-abuse-at-boot-camp-afterrecruits-death-at-parris-island
Dingell has co-sponsored a bill that would require the military services to conduct annual surveys asking
troops about the prevalence of hazing and report back to Congress each year about what steps they are
taking to solve the problem. The Harry Lew Military Hazing Accountability and Prevention Act is named
for Lance Cpl. Harry Lew, who took his own life five years ago after being hazed for falling asleep while
on guard duty in Afghanistan.
Lew’s aunt, Rep. Judy Chu, is the bill's prime sponsor. It's included in the House version of the Fiscal 2017
National Defense Authorization Act, which must be passed by both chambers of Congress. Chu has been
an outspoken advocate of eliminating hazing in the military since her nephew’s suicide.
“I was devastated when I heard what happened; I could not imagine that he would have been tortured so
much that he would end up taking his own life," Chu told Marine Corps Times. "I feel obliged to his
memory, to make sure his death is remembered and amounted to something: If we're able to eradicate
hazing in the military, that certainly would at least be some comfort."
Legal experts say it can be difficult to properly identify and punish acts of abuse.
“Hazing takes many forms: some cases are simple and others complex,” said Zachary Spilman, a military
law expert and lead contributor to the military justice blog CAAFlog. “Punishment is and equally difficult
topic, as the background and service record of the accused are important considerations to be balanced
against the seriousness of the incident.”
Chu said she understands the need for leaders to discipline troops, but punishment should not be violent.
“When it becomes torture, when there is violence, as in the case of my nephew — kicking, punching,
stomping, smothering — I would say they've crossed the line,” she said.
Staff writer Matthew L. Schehl contributed to this report.
http://www.military.com/daily-news/2016/09/07/sailor-faces-discipline-after-viral-flag-protest.html
Sailor Faces Discipline After Viral Flag Protest
By Hope Hodge Seck
Military.com, September 7, 2016
A sailor who filmed herself refusing to stand for morning colors is now
facing administrative action, Military.com has learned.
Lt. Cmdr. Kate Meadows, a spokeswoman for Naval Education and
Training Command, said actions were ongoing regarding the sailor, but
declined to specify what they were.
The sailor, who has not been publicly identified, is assigned to Naval Air
Technical Training Center in Pensacola, Florida, Meadows confirmed, and
is expected to be allowed to continue training.
The command became aware of the filmed protest Aug. 31, Meadows said.
At issue is an eight-and-a-half minute video posted to Facebook in which the sailor sat through morning
colors in protest of the now-defunct third stanza of the National Anthem, which she described as racist.
The video has been widely shared and was viewed more than 13,000 times after being re-posted to a
military humor page, US Army Military Police WTF Moments.
Sailor Protests by Sitting Down for National Anthem [VIDEO, 05:41]
The sailor referred to San Francisco 49ers quarterback Colin Kaepernick, who made headlines in August
when he opted to take a knee for the anthem, saying he was not going to "show pride in a flag for a country
that oppresses black people and people of color."
"[The stanza] basically says land of the free, home of the brave, except for hirelings and slaves and I just
can't support anything like that," the sailor said. "I think Colin had a really good point when he said we had
bodies in the streets."
In the video, the sailor, who is dressed in civilian workout clothing near a Pensacola barracks building,
expresses anxiety that other Marines or sailors will notice her filmed protest and confront her about it.
Military regulations require troops to stop in place, stand and salute during the brief ceremony.
"My heart is racing. This is not an easy thing," she said.
While the anthem is played, the sailor sits on a picnic bench with a raised fist, a symbol of solidarity in the
Black Power movement. When the anthem concludes, she expresses relief and pride in her protest.
"Today I actually did something, and it was small but significant for me," she said. "Until this country
shows they've got my back as a black woman … I can't, and I won't and I won't be forced to [stand]."
While Kaepernick's flag protest was provocative, the sailor's is also against military regulations.
Navy rules state that troops must stand and face the flag when the National Anthem is played. Troops in
uniform must salute, while troops not in uniform must stand at attention and place the right hand over the
heart. These rules mean that her behavior could fall afoul of Article 92 of the Uniform Code of Military
Justice, failure to obey a lawful general order or regulation.
In 2014, a soldier stationed at Fort Carson, Pfc. Tariqka Sheffey, posted a photo on Instagram showing
herself hiding in her car to avoid the evening flag salute. The ensuing furor prompted an Army inquiry and
concluded with a formal apology from Sheffey.
Meadows said she didn't know whether the Navy planned to publicly address the recent protest.
"We are always doing training to make sure that sailors know the pros and cons of using social media, and
they must always observe appropriate conduct, and they're always subject to the UCMJ at all times," she
said. "We'll make sure that's reiterated to our sailors. Anything you post on social media can go viral."
-- Hope Hodge Seck can be reached at [email protected]. Follow her on Twitter at@HopeSeck.
© Copyright 2016 Military.com . All rights reserved. This material may not be published, broadcast,
rewritten or redistributed.
https://www.navytimes.com/articles/this-sailor-sided-with-kaepernick-sat-out-anthem-now-the-navy-istaking-action
This sailor sided with Colin Kaepernick, sat out anthem.
Now the Navy is taking action.
By David B Larter
Navy Times, September 8, 2016
This sailor posted a Facebook video of herself sitting during the
national anthem, arguing that "The Star-Spangled Banner"
contains a verse with racist lyrics. Photo Credit: via Facebook
A sailor who posted a Facebook video of her sitting down during
the national anthem is in trouble but won't be discharged, Navy
Times has learned.
The sailor, who is in training at Naval Air Station Pensacola,
Florida, posted a video of her sitting during the anthem at a colors ceremony, saying she won't stand until
the U.S. proves "that they've got my back as a black woman." The sailor's action, which sparked a firestorm
online, was in solidarity with NFL quarterback Colin Kaepernick, who said he'll continue taking a knee
during "The Star-Spangled Banner" until people of color are treated more fairly.
The controversy highlights the limits placed on troops' free speech rights, a freedom enshrined in the Bill of
Rights that is limited for those to protect the cohesion of military commands and to bar the military
hierarchy from political partisanship.
“We have identified the Sailor and her chain of command was made aware of the video,” said Lt. Cmdr.
Kate Meadows, a spokeswoman for Naval Education and Training Command. “Appropriate administrative
actions are pending.”
“She is not being discharged or separated,” Meadows added. “She will be able to move on to her next duty
station as planned.”
During the video, the sailor, who is black, is seated near the flag pole at NAS Pensacola in her civilian
clothes. The sailor said she was protesting the rarely heard third stanza of the National Anthem that appears
to reference killing slaves hired by the British Army during the War of 1812 in exchange for their freedom;
Historians disagree on the Francis Scott Key’s original meaning.
"It basically says, ‘land of the free and home of the brave' except for hirelings [and slaves], and I just can't
support anything like that,” the sailor says in the video. “And I think Colin had a very good point when he
said, 'We've got bodies in the street.'"
The sailor goes on to say that she did intend to disrespect her fellow service members.
"People always say, men and women have died for this flag. No, correction, men and women have died for
my right, and Colin Kaepernick’s rights, to determine whether or not we want to sit. And that’s the thing
that people really don't understand.
“I don't not respect the men and women who serve — who I serve alongside,” she continued. “It's just, until
this country shows that they've got my back as a black woman, that they've got my people's back — not
even just my people but all people of color — I just can't. And I won't."
The video caused an uproar online when it was posted on a Facebook page that caters to military members.
The case highlights the restrictions on basic American freedoms that service members submit to when they
volunteer to serve: Colin Kaepernick has the right to sit through the anthem. Service members do not.
Navy regulations are clear on standing during the anthem, in or out of uniform: “Whenever the National
Anthem is played, all naval service personnel not in formation shall stand at attention and face the national
ensign," the regulations state. "In the event that the national ensign is not displayed, they shall face the
source of the music. … Sailors not in uniform will face the flag, stand at attention, and place the right hand
over the heart."
https://www.navytimes.com/articles/this-sailor-sided-with-kaepernick-sat-out-anthem-now-the-navy-istaking-action
However, troops have the right to protest off base and out of uniform, Meadows added.
“If a Sailor is not in uniform they can participate in a protest out in town — if they are not in violation of a
law, riot, etc.,” Meadows said.
A leading military justice expert said that the sailor's legal defense was minimal since she had clearly
broken the rules.
“Military personnel have First Amendment, but they are different from the rest of us,” said Eugene Fidell, a
former Coast Guard judge advocate who teaches military law at Yale Law School. “For example officers
can’t speak contemptuously of the president. You and I can. You and I have the right to give our boss a
piece of our mind. A military member does not have the right to say that to the admiral.”
At the same time, First Amendment issues in the military are almost always taken on a case-by-case basis.
“There is no cookbook for this because people are wonderfully unpredictable and can dream up all kinds of
ways to be a nuisance to their commanders,” Fidell said.
Racism
http://www.freep.com/story/news/local/michigan/2016/09/08/man-accused-threatening-black-michigantech-students-sues-school/89996710/
Man accused of threatening black Michigan Tech students
sues school
By Katrease Stafford
Detroit Free Press, September 8, 2016
A former Michigan Technological University student who was accused last year of threatening, on social
media, to shoot black students filed a federal lawsuit this week against the school, alleging officials
wrongly blamed him and attempted to cover up their mistake.
Matthew Schultz, a resident of Norway in northern Michigan, was a junior at the university when he posted
on Yik Yak what school officials thought was a threat on Nov. 12, 2015.
Yik Yak, an app used to make anonymous posts that are sorted by location, gained attention last year when
it was used to post threats to black students after protests at the University of Missouri. The threats spurred
a security scare that led to many students fleeing college grounds before police arrested Hunter Park,
19, who was a student.
According to the lawsuit, which names 12 school officials and a former Michigan Tech student, Schultz
said he was a regular Yik Yak user when he noticed posts that included comments about the University of
Missouri's threats and posts about Michigan Tech having its own racial issues.
Schultz, who is being represented by attorneys Steven Pence and Nicholas Roumel, said he wanted to
attempt to point out "the ridiculous nature of the threats," so he posted: "Gonna shoot all black people .... A
smile tomorrow," with a smiling emoji. According to his lawsuit, Schultz said he meant he was going to
shoot a smile at black people and was only expressing in a humorous way that he was not racist.
The post was on Yik Yak for about five minutes before it was removed by another user, which is an
allowed function on the site.
Michigan Tech, a university with about 7,000 students on the western side of the Upper Peninsula, sent a
campus-wide notification of what it considered a threat, increased police presence and made counseling
services available.
Schultz said things quickly spiraled out of control when another former student who is named in the
lawsuit, Ryan Grainger, sent a screenshot of his post via Twitter to Michigan Tech Vice President Les
Cook, urging him to look at it. Grainger could not be reached for comment by the Free Press.
When school officials didn't respond, Schultz alleged, Grainger sent another tweet to Brian Caldwell,
deputy chief of police for the university's Department of Public Safety, altering his original post to say,
"gonna shoot all black people." Schultz said Grainger removed the phrase "a smile tomorrow" and the
emoji.
Schultz said the university "swiftly and publicly" alerted the campus community to the altered posting,
instead of his original post, which he believes was innocent in nature.
Jennifer Donovan, director of news and media relations, issued a brief statement Thursday to the Free Press
in response to the lawsuit, stating the university plans to defend itself.
"The matter is in litigation, and the university is vigorously defending all claims against it and its
employees and will continue to do all needed to assure a safe campus," Donovan said.
Schultz said his face was plastered across local and national media outlets and university officials stated in
interviews that he was "going to kill all black people." He said the university also falsely stated officials
discovered the threat "monitoring the Yik Yak app feed as usual." He also alleges a police report from the
university's Department of Public Safety omits the fact that there was an altered post sent to the university.
"In lieu of pursuing or exposing Grainger for his false report to MTU officials and campus police, the MTU
defendants instead knowingly perpetuated the myth that Matthew had written the altered post, in order to
serve MTU's own political purposes," the lawsuit states.
http://www.freep.com/story/news/local/michigan/2016/09/08/man-accused-threatening-black-michigantech-students-sues-school/89996710/
He was arrested on a felony charge of domestic terrorism, according to the lawsuit, but he was later only
charged and arraigned on a 90-day misdemeanor of disturbing the peace contrary to law. On Dec. 7, 2015,
all charges against Schultz were dismissed by the Houghton County Prosecutor's Office, according to the
lawsuit, because there had been "communication problems" between the university and prosecutors but by
then, he had already been expelled from the university.
"In spite of MTU officials knowing there were two posts, one of which was altered with the intent to make
the original post look sinister, MTU failed to investigate Defendant Grainger and his Twitter account to
determine if he intended to terrorize MTU students and/or simply intended to embarrass administration, but
only focused on the altered words falsely attributed to plaintiff," the lawsuit states.
Schultz said he believes the university violated his First and 14th Amendment rights and is seeking
monetary damages exceeding $75,000 from the school and Grainger.
"Presently, Matthew remains out of school with no hope of resuming his studies anywhere, having been
publicly labeled a virulent racist by a university with a history of botched investigations and an inability to
do other than protect the institution and the lives of its administrative careerists, at any cost to students or
the truth," the lawsuit said.
Contact Katrease Stafford: [email protected] or 313-223-4759.
Religion
http://www.csmonitor.com/USA/Justice/2016/0907/Obama-nominates-Muslim-judge-Does-diversitymatter-to-justice
Obama nominates Muslim judge: Does diversity matter to
justice?
President Obama nominated Abid Riaz Qureshi, a Pakistan-born lawyer, to the US
District Court for the District of Columbia. If confirmed, he would be the first ever
Muslim judge to serve on the federal bench.
By Henry Gass
The Christian Science Monitor, September 7, 2016
Latham & Watkins attorney Abid Riaz Qureshi of Maryland has
been nominated by President Obama for the federal bench. If
confirmed, he would be the first Muslim American to serve as a
federal judge. Latham & Watkins LLP via AP
President Obama has nominated more than 300 people for federal
judgeships since he took office, and before this week none of them
had been a Muslim.
That changed with his nomination Tuesday of Abid Riaz Qureshi, a
Pakistan-born lawyer at the law firm Latham & Watkins in Washington, D.C., to the US District Court for
the District of Columbia.
Experiential diversity used to be a hallmark of high courts, but Mr. Obama has made diversity in race,
gender, and sexual orientation a priority in his nominations. While the approach has been commended by
many, it has also raises the question of why such diversity is necessary at all.
Lady Justice, after all, wears a blindfold. A judge is only supposed to consider the merits of a case and the
letter of the law in making a decision on a case, their life and career experience meaningless. Supreme
Court nominees, for example, pledge fidelity to the US Constitution as their main guiding principle.
In that context, does it matter that Obama has nominated the first ever Muslim to a federal bench? Or
that, according to Politico, 43 percent of his judges have been women, 29 percent have been nonwhite, and
11 have been openly gay?
Inevitably it does, legal experts say, not only because of what diverse judges bring to the bench but also
because of the confidence that diversity engenders in the judiciary. Some experts are urging that diversity
of experience, not just background, should also be considered.
“On one level, diversity shouldn’t matter because judges should judge with regard to the case in front of
them and not with regard to the life experience they bring to the case,” says Steven Schwinn, a professor at
the John Marshall Law School in Chicago. “On the other hand, I think we all recognize that judges bring
their own experiences to the bench – and that we actually like that.”
Imprints of upbringing
He notes the example of Sonia Sotomayor’s tenure on the Supreme Court.
During her confirmation in 2009, Republican senators were wary of the value Obama had placed on her life
experience – she is a Hispanic woman raised in the public housing projects of the South Bronx – and how it
could potentially influence her decisionmaking.
“I will not vote for, and no senator should vote for, anyone who will not render justice impartially,” said
Sen. Jeff Sessions (R) of Alabama at the time.
Justice Sotomayor’s response – that her “personal and professional experiences help me to listen and
understand, with the law always commanding the result in every case” – was a predictable one. Merrick
Garland, the former chief judge of the D.C. Circuit, said as much when Obama nominated him to the high
court in March. (He has still not had a confirmation hearing scheduled a record-setting 175 days after his
nomination.)
http://www.csmonitor.com/USA/Justice/2016/0907/Obama-nominates-Muslim-judge-Does-diversitymatter-to-justice
Yet the imprints of Sotomayor’s upbringing have on occasion been highly visible in her decisions. This
past summer, for example, she wrote a passionate and unusually personal dissent in a case about unlawful
police stops.
“It is no secret that people of color are disproportionate victims of this type of scrutiny,” she wrote in June.
“They are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all
our lives. Until their voices matter, our justice system will continue to be anything but.”
Judges and legal experts alike claim that the judiciary, like the legislature, should reflect the community it
serves. Without it, public confidence in the institution is undermined, they say, and the institution can be
ineffectual.
“Diversity invites public confidence in the judicial impartiality and fairness, and amplifies our
understanding of the law and justice,” wrote Cynthia Diane Stephens, a Michigan Court of Appeals judge,
in an article for the Michigan Bar Journal last year.
A 2003 Marist poll in New York State ordered by a special state judiciary commission found that many
registered voters believe that “poor people, some racial minorities and non-English speaking litigants
receive worse treatment by judges,” and that while 71 percent of registered voters agreed that New York
judges as a whole are fair and impartial, only 51 percent of African-American voters agreed.
Experience counts
Other critics have bemoaned the lack of experiential diversity in the judiciary – particularly in the Supreme
Court, where all but one of the justices are former federal appeals court judges. (Also, all nine justices are
either Catholic or Jewish.)
Past courts have been composed of former politicians, bureaucrats, and professors, but since 1953 twothirds of high court nominations have gone to sitting judges. This homogeneity led the late Justice Antonin
Scalia in one of his final dissents, to describe the court as a “select, patrician, highly unrepresentative panel
of nine.” Others believe the trend has led to increasingly technical opinions out of touch with on-the-ground
realities, including the 2010 Citizens United decision.
Mr. Qureshi has spent his entire legal career at Latham & Watkins, so it is unclear what his legal
philosophy would be on the bench if confirmed. His expertise is in False Claims Act cases, health-care
fraud, and securities violations, though he was also involved in a lawsuit in New York City last year
lifting a temporary ban on Muslim posters. He is unlikely to receive a confirmation hearing before the
November election.
Muslim groups praised his nomination as a means of making the judiciary more reflective of American
society.
“It’s hard to say what [his appointment would] mean in any particular case, and I wouldn’t venture to
guess,” wrote Professor Schwinn in a follow-up email. But his presence would “undoubtedly influence
other members of the group by bringing a perspective on issues that (without the new member) the other
members may not share.”
SEE ALSO:
Obama nominates Muslim American for federal bench [AP, 2016-09-07]
https://www.armytimes.com/articles/army-west-point-football-prayer-jeff-monken-mikey-weinstein
West Point launches inquiry into football team's postgame
prayer
By Kevin Lilley
Army Times, September 8, 2016
(Photo Credit: Screenshot via YouTube)
Officials with the U.S. Military Academy pulled a video clip of the
football team’s postgame locker-room celebration offline Monday
and have launched an inquiry into whether a team prayer violated
players’ rights to religious freedom.
After Army West Point’s 28-13 upset win over Temple on Friday in
Philadelphia, athletics department staff posted a clip that, according
to multiple people who saw the video, showed head coach Jeff Monken asking a staff member to lead the
team in prayer. The video went up Saturday evening on the school’s official athletics Facebook page and
had about 180 comments and 1,600 shares by Sunday morning, according to an archived version of the
post that does not include the video.
After receiving multiple complaints regarding the video, Military Religious Freedom Foundation president
Mikey Weinstein said he reached out to academy superintendent Lt. Gen. Robert Caslen on Monday to
discuss the post. It was taken down shortly thereafter and replaced on some platforms by a shorter, edited
video of the celebration.
In a Tuesday statement, West Point spokesman Lt. Col. Christopher Kasker did not name the MRFF, but
said a “third party advocacy group” made the school aware of the video and “made allegations that this act
violated first amendment rights of some of the cadets.”
“As a result of this allegation, West Point officials are conducting an inquiry into the matter,” Kasker said.
“The video, which was posted on social media, was removed pending the inquiry.”
Ninety individuals had registered complaints with the MRFF as of Wednesday morning, Weinstein said –
44 graduates, 40 members of the West Point staff, and six football players. Unlike many other religiousfreedom cases pursued by the group, Weinstein said he does not plan to file a third-party inspector general's
complaint on the issue.
“We’re satisfied that this will be taken care of,” Weinstein said, adding that his foundation seeks an
admission of wrongdoing and an apology from Monken, as well as assurances that the coach will adjust his
postgame ritual.
“There are plenty of Supreme Court decisions that say he can’t do that,” Weinstein said of the prayer.
“High school coaches can’t do that, elementary school coaches can’t do that … not if it’s a public school.”
Weinstein provided some of the emails he received on the matter.
"Coach Monken had no business telling my son and his Army teammates to get on their knees and pray a
prayer to Jesus!" wrote one concerned parent. "My son was very upset about this. ... This violates the
Constitution and to think it happened at West Point?"
Weinstein’s MRFF, which claims 47,300 clients and targets proselytizing in the military, took to the
gridiron late last year when members of the Air Force Academy’s team began kneeling in prayer on the
field prior to kickoff. The academy investigated the practice and found it was within regulations; Weinstein
called the review a “pathetic sham.”
Army West Point hosts Rice on Saturday in the Black Knights' home opener.
Sexual Assault /
Harassment
https://www.washingtonpost.com/news/powerpost/wp/2016/09/02/transformational-change-must-happenat-u-s-merchant-marine-academy-obama-official-demands/
“Transformational change” needed to address sexual
misconduct at merchant marine academy, Obama official
says
By Lisa Rein
The Washington Post, September 2, 2016
Merchant marine midshipmen walk to class at the U.S.
Merchant Marine Academy in Kings Point, N.Y. (Yana Paskova
for The Washington Post)
Transportation Secretary Anthony Foxx has concluded that
sexual harassment and assault and other misconduct at the U.S.
Merchant Marine Academy are so serious the school needs to
hire a team of outside experts to address the campus culture,
officials said this week.
Leaders of the federal service school outside New York City also are enlisting the help of Vice President
Biden’s office, which is leading a nationwide public awareness campaign to end sexual assault on college
campuses.
Foxx’s announcement last week means that the four-year academy’s training year at sea for midshipmen on
commercial ships, a marquee program the Obama administration canceled this summer amid concerns
about sexual misconduct, will be on hold indefinitely — and some students may not graduate on time.
Here’s the full, no-holds-barred statement from DOT spokesman Michael Novak on Foxx’s thinking:
“Secretary Foxx issued a halt to the Sea Year program for Midshipmen at the United States Merchant
Marine Academy (USMMA) after incidents of bullying, coercion, sexual harassment and assault continued
despite consistent efforts by the Department of Transportation, the Maritime Administration, and the
[school] to address these issues. While the Sea Year program has partially resumed, the more we dug into
the problem, the more evident it became that the inappropriate behaviors we are trying to stem at sea cannot
be addressed without addressing the campus culture. The Secretary is interested in a transformational
change at the Academy; one that creates a culture that protects these young women and men and ensures
respect for everyone. By bringing in outside experts experienced in examining and assessing an
organization and its culture to look at the Academy, he intends to find a way forward to correct these
serious issues.”
The small academy at Kings Point on Long Island Sound, the least-known of the five federal service
schools, has the highest rate of sexual assault and harassment, federal data show.
The year at sea, considered a rigorous training opportunity for future mariners who will work for the
federal government or in the shipping industry, leaves young men and women isolated for months at a time
on vast ships as apprentices to commercial crews.
While Kings Point received just one report of sexual assault in the 2014-2015 academic year,
government surveys show that 63 percent of women and 11 percent of men experienced unwanted
advances or other sexual harassment, either at sea or back on campus. And 17 percent of women and 2
percent of men reporting some kind of sexual assault, defined as unwanted contact, from groping to rape.
https://www.washingtonpost.com/news/powerpost/wp/2016/09/02/transformational-change-must-happenat-u-s-merchant-marine-academy-obama-official-demands/
The school also is in danger of losing its accreditation for management and other failures that include a
poor prevention and training program to prevent sexual misconduct.
Foxx ordered the Sea Year stand-down in hopes that the industry and the Maritime Administration, the
agency at DOT that oversees the academy, would reach consensus on an approach to stopping harassment
and assault and the retaliation against students who report it.
But by August, he had second thoughts about whether this was the strongest, most effective approach to the
problem, people familiar with his thinking said. Experts on sexual assault and workplace culture need to
weigh in on a culture that condones abusive behavior both at sea and on campus, Foxx concluded.
The school is seeking guidance from experts on Biden’s staff who are pressing college presidents to stop
harassment and assault on their campuses, officials said. The vice president has said that top-ranking
government officials won’t visit institutions that don’t take the issue seriously and suggested that federal
money could be in jeopardy for schools that don’t comply.
The team of outside experts for Kings Point have not yet been hired, officials said, and it is unclear how
long their review will take, what they will recommend and when and how Sea Year will be reinstated.
The academy found berths for most midshipmen on state academy training ships or federal vessels. But
these arrangements will leave some midshipmen short of offshore days they need to graduate on time,
officials said.
Many Kings Point parents and alumni are furious about the stand-down and have pressured congressional
representatives to get their sons and daughters back to sea. They argue that sexual harassment and assault
have long existed at Kings Point — and long been ignored by the school and the Maritime Administration.
A group of parents and alumni is meeting with school leaders this week to pressure them to resolve the
issues soon, say those in attendance.
In recent weeks, parents and alumni have lobbied the academy’s congressional Board of Visitors to ask
tough questions of the Maritime Administration on the threat to the school’s accreditation and the effect of
the Sea Year stand down on the quality of the Kings Point education.
“…It is important that you not lose sight of how important the Sea Year is for the [school] curriculum and
education of the Midshipmen,” said a letter the board sent last week to school leaders and Maritime
Administration officials.
“There’s a concern that the goal line keeps on moving,” said one parent and alumnus who requested
anonymity because the discussions are ongoing.
“One sexual assault is one too many,” this person said. “But culture can take a while to change. We’re
urging them to address the problems and continue with Sea Year in parallel.”
http://www.forbes.com/sites/devinthorpe/2016/09/06/victim-turned-victims-rights-attorney-builds-nationalorganization/
Victim-Turned-Victim's Rights Attorney Builds National
Organization
By Devin Thorpe
Forbes, September 6, 2016
Laura Dunn, courtesy of SurvJustice
Laura Dunn, who reports being a victim of sexual assault by two men from
her University of Wisconsin-Madison crew team, was fueled by her
experience to not only earn a JD but also to launch SurvJustice, a national
organization working to support other victims of campus rape. Dunn is an
accidental social entrepreneur driven by a passion to make America’s
campuses safer.
The scale of the operation at SurvJustice, with just three people on staff,
doesn’t do justice to the work of the organization. Operating on a shoestring budget, the nonprofit has impact beyond what you’d expect.
Dunn leverages volunteer interns and a small but impressive board to
expand the organization’s reach.
Board member Lilibet Hagel, wife of the former Secretary of Defense
Chuck Hagel, says she was impressed by Laura and SurvJustice. “I was
impressed that SurvJustice offers valuable ‘nuts and bolts’ legal assistance to survivors and good, wellinformed advice on how to navigate the crazy campus landscapes, none of which seem to be the same.”
Dunn measures the organization’s impact in the proportion of cases of sexual assault where perpetrators are
held accountable for their actions.
She says, “In 2010, the Center for Public Integrity did the first investigative series into the issue of campus
sexual assault and found that only two out of 33 campus cases had the accused found responsible with only
meaningless sanctions imposed as a consequence, such as a summer suspension.”
Just six years later, things are improving meaningfully. She explains, “Through its effective legal
assistance, SurvJustice is already increasing the prospect of justice for survivors by holding perpetrators of
sexual violence accountable in almost 75 percent of campus cases. It has also expanded into civil legal
systems to hold enablers, such educational institutions, accountable for allowing sexual violence to go
unchecked on campus.”
When she first started, Dunn said she worked on a small stipend “with back pay accumulating for when
funding came through.” At the same time, two law school colleagues volunteered to help. Cheri Smith
served as staff attorney and Sweta Maheshwari served as legislative director. Together the trio handled over
100 requests for help and developed he policies and procedures to handle more. Since then, SurvJustice has
been able to pay a small staff. Dunn has not yet collected her back pay, deferring it at her request until
“collection of our first civil settlement.”
The nature of a campus hearing, Dunn notes, is different from a criminal trial. Federal guidelines tell
schools to take no more than 60 days to investigate and the hearings typically occur within 30 days,
meaning that they don’t chew up as much time as a criminal case, allowing the small staff to help more
victims. At the same time, Federal investigations of the complaints filed by SurvJustice take years and
don’t require active involvement from staff attorneys.
To understand the enterprise Dunn has created, it is helpful to understand the context in which SurvJustice
operates. Sexual violence on campus has bubbled up into America’s collective conscience over the past
several years, in no small part because of Dunn and others like her. The problem, however, isn’t new.
http://www.forbes.com/sites/devinthorpe/2016/09/06/victim-turned-victims-rights-attorney-builds-nationalorganization/
The statistics on sexual assaults on campus are staggering. Dunn points to a Bureau of Justice Statistics
report in 2000 that suggested 20 percent of women would experience sexual victimization while spending
four years in college.
Board secretary, Daniel Carter, who works as a campus security consultant, notes that the work of
SurvJustice is critical. “The need for legal assistance for survivors of campus sexual violence is high, due to
the overwhelming disparity in power invested in colleges and universities who usually have one or more
attorneys involved in any type of case or proceeding while survivors are usually left on their own.”
Carter acknowledges that simply eliminating this disparity doesn’t constitute a solution to the problem of
sexual victimization of women on campus. That said, he notes, “Ending this disparity is an essential
element to getting survivors justice and eventually reducing victimization by changing the culture to one of
accountability, both for perpetrators, enablers, and institutions.”
Dunn says,”While research often focuses on the high rates of those victimized, SurvJustice focuses on the
heart of the problem, which is repeat perpetrators that researchers estimate to account for 90% of campus
sexual assaults. These perpetrators are too often shielded from accountability by educational institutions.”
“In response, SurvJustice seeks to increase the prospect of justice for survivors courageous enough to
report by working in campus, criminal and civil legal systems to hold both perpetrators and enablers
accountable for sexual violence,” Dunn continues. “Through our successful legal efforts, we believe more
survivors will report to help quickly identify repeat perpetrators and hold them accountable before they
harm an average of six victims on campus.”
The tiny organization attacks sexual violence on campus on three fronts, Dunn says: campus, criminal and
civil legal systems.
Campus: “On campus, we assist survivors reporting violence, seeking accommodations, obtaining safety
measures, going through investigations and adjudications, and appealing the results at the campus or
federal level through an administrative complaint with the U.S. Department of Education.”
Criminal: “In the criminal system we advocate for investigation and prosecution while providing services
for the few cases that make it to trial.”
Civil: “Our civil works has us represent survivors in lawsuits, co-counsel on other cases, and provide expert
consultation or witness services.”
“Beyond legal services, SurvJustice trains institutions, advocates and attorneys on how to address campus
sexual violence in compliance with Federal [law],” she adds.
Hagel adds, “Laura and SurvJustice also offer terribly important moral support and direction to survivors
and their families through SurvWellness, a small but important adjunct organization.”
SurvJustice, for all it has accomplished, faces a deluge of complaints. Over its two year history, it has
received 420 requests for assistance in 49 states and five countries. The organization provides direct
assistance to about 25 percent of those who request it and refers another 25 percent to other qualified
providers, Dunn says.
She notes that qualified providers are few and far between in a field that basically didn’t exist until about
five years ago, when the issue finally garnered national attention.
In order to address the problem head on, SurvJustice trains bar associations and other organizations help
meet some of the demand. “We are also expanding our Board to help fundraise and expand our services to
meet demand,” Dunn says.
Dunn acknowledges that there are limitations to the organization’s ability to help survivors. Despite several
requests for help in the Baltimore area, SurvJustice can’t help. She explains, “The U.S. Department of
Justice just released its findings regarding law enforcement within the city of Baltimore, where I went to
law school. There is a whole section on the mishandling of sexual assault and rape cases. While our policy
http://www.forbes.com/sites/devinthorpe/2016/09/06/victim-turned-victims-rights-attorney-builds-nationalorganization/
advocacy and institutional training service can support such broader reforms, the criminal justice system in
the United States is pretty broken and will require national and state-level commitments to change.”
Hagel, noted, when asked about the challenges to reducing gender-based violence on campus, said, “I’d say
the lack of transparency and insular cultures that dominate most academic settings is a huge enabler and
impediment to ending this problem. That is changing, thankfully, but institutions are far behind the eight
ball in understanding how to respond.”
Hagel adds, “That is where the work of Laura and SurvJustice and others comes in — people who
understand the history and what works and doesn’t work, and what policies must be instituted to protect
both the survivors and the institutions.”
Dunn notes that she and her organization have already had national impact. “As a student, I contributed to
the 2011 Dear Colleague Letter that reformed how institutions of higher education respond to sexual assault
under Title IX.”
Notching another win, she says, “SurvJustice then worked to draft and successfully lobby for the 2013
Violence Against Women Act Reauthorization that amended the Clery Act to create procedural standards
and victim rights on campus for sexual assault, intimate partner violence, and stalking reports.”
More recently, “SurvJustice also worked with student-survivors organizations like Know Your IX to lobby
the federal government for broader reforms through the ED ACT NOW campaign, which led to the White
House Task Force to Protect Students Against Sexual Assault.”
“SurvJustice will continue using legal assistance, policy advocacy, and institutional training to broaden the
change we have already begun that has led the issue of campus sexual assault to be taken seriously.”
The national outcry over Stanford swimmer Brock Turner’s short sentence for the on-campus sexual assault
of a comatose woman is also a sign of the progress that the organization has made. At the same time, the
short sentence itself is evidence of the room for further progress.
As a result, Dunn will continue her work as an accidental social entrepreneur.
On Wednesday, September 7, 2016 Laura Dunn joined Devin Thorpe for a live interview to discuss her
work, the remarkable impact she’s had with so few resources and where her work is heading. You can see
the interview here.
Devin Thorpe is a Forbes contributor. Opinions expressed by Forbes contributors are their own.
http://www.mcclatchydc.com/news/crime/article99613007.html
What happens when 4-star Air Force general is accused of
sexual assault?
By Curtis Tate
McClatchy Washington Bureau, September 2, 2016
Retired Air Force Gen. Arthur Lichte, former commander of Air
Mobility Command at Scott Air Force Base. (Belleville NewsDemocrat)
The Air Force investigation of sexual assault allegations against a
retired four-star general renews a debate about how the military
handles such cases and whether commanders should even have the
responsibility of prosecuting one of their own.
Retired Gen. Arthur Lichte, a former commander of the U.S. Air Mobility Command, has been accused by
a colonel once under his command of coercing her to have sex with him.
According to military justice experts, there’s very little guidance on how to prosecute such high-ranking
officers, and there are significant barriers to doing so.
Generals are rarely brought to trial within the military justice system, much less convicted, and punishment
is often just a demotion in rank. Many members of Congress would prefer that independent military
prosecutors handle the cases rather than commanders.
Don Christensen, the president of Protect Our Defenders, an advocacy group for military sexual assault
victims, based in Washington, said no Air Force general had ever been prosecuted in the nearly 70-year
history of the service branch.
“This case is a perfect illustration of why you should have independent prosecution making these
decisions,” said Christensen, the former chief prosecutor for the Air Force. “It would be a huge
bureaucratic nightmare for them to figure out how to prosecute a four-star general.”
Lichte, 67, led the Air Mobility Command, at Scott Air Force Base in southern Illinois, from 2007 until he
retired in 2010. The alleged sexual assault took place while he was there.
Linda Card, a spokeswoman for the Air Force’s Office of Special Investigations, confirmed the
investigation of the allegations against Lichte but would not comment further or provide additional details
about the case.
Victims of sexual assault in the military have two options to report it. They can file a “restricted” report, in
which the victim does not identify the attacker and seeks counseling but does not require a criminal
investigation. In an “unrestricted” report, as is the case with Lichte’s accuser, the matter is referred to the
accuser’s unit commander and triggers a criminal investigation.
The Defense Department’s most recent annual report on sexual assault in the military counted more than
4,500 unrestricted reports and nearly 1,500 restricted reports in 2015.
But the cases are likely underreported. The Pentagon estimated that nearly 19,000 service members were
sexually assaulted in 2014. More than half of those involved men assaulting other men.
Another reason? Service members fear retaliation from their superiors. A 2014 RAND Corp. survey found
that 62 percent of active service members who reported sexual assault experienced retaliation.
Only 5 percent of reported sexual assault cases in the military led to convictions in 2013.
http://www.mcclatchydc.com/news/crime/article99613007.html
Many service members may think that reporting sexual assault could ruin their careers, said Sara
Darehshori, senior counsel for U.S. programs at Human Rights Watch, which has studied sexual assault in
the military.
“I’ve heard so many times from people they saw how people were treated when they reported it,” she said.
“They didn’t want it to happen to them.”
However, Darehshori said it might make a difference if the accuser were a colonel. A high-ranking officer
may have more resources at her disposal than someone lower in the chain.
“When I talk to higher-ranked people,” Darehshori said, “the one thing that I hear often, they feel like they
know how to work the system.”
That can happen only if charges are brought and the case goes to trial. The sexual assault allegations
against Lichte go back to the time he led the Air Mobility Command, beyond the military’s five-year
statute of limitations. For rape, there is no statute of limitations.
Retired commanders are subject to the Uniform Code of Military Justice, and they would have to be placed
back on active duty to go to trial, requiring the Pentagon’s approval.
“Once it starts,” said Rachel VanLandingham, an associate professor at Southwestern Law School in Los
Angeles, “he’s just as liable to be found as guilty as anyone else.”
But just getting a case to trial is a major obstacle. That decision is largely in the hands of officers who have
little experience prosecuting one of their own.
“Generals who have to decide disposition are used to giving other generals greater deference,”
VanLandingham said.
It rarely happens anyway: In 1999, retired Army Maj. Gen. David Hale admitted to lying to his superiors
about having affairs with the wives of four of his subordinates.
Hale, a former NATO commander, was court-martialed, fined $22,000 and demoted to a one-star general.
He was only the second Army general to face court-martial since 1951.
The demotion meant a $9,000 reduction in his annual pension of $75,000.
General officers are seldom held truly accountable for misconduct, Christensen said.
“They get a reprimand, and the military makes it a big deal that these generals are retiring with one rank
less,” he said. “We can’t have this upper class of military leadership that’s not held accountable.”
Sen. Kirsten Gillibrand, a New York Democrat, has been leading a so-far-unsuccessful push in Congress to
remove the responsibility of prosecuting sexual assault cases from commanders.
Her bill, the Military Justice Improvement Act, fell five votes short in 2014, when Democrats held a Senate
majority, and 10 votes short in 2015. This year, it didn’t even get a vote.
Many U.S. allies, including Great Britain, Canada, Australia, Israel, Germany and Norway, have removed
reporting of sexual assault from their chains of command.
However, Gillibrand’s effort still faces significant opposition in Congress, including from Sens. John
McCain, an Arizona Republican who chairs the Armed Services Committee, and Claire McCaskill, a
Missouri Democrat.
“They keep just enough of the Senate on their side,” Christensen said of the Pentagon.
http://www.mcclatchydc.com/news/crime/article99613007.html
Sarah Feldman, a spokeswoman for McCaskill, said the senator opposes removing prosecutorial discretion
from the chain of command because she doesn’t believe it would help the victims and some experts have
rejected it.
A high-profile case involving a colonel accusing a four-star general would almost guarantee a renewed
focus from lawmakers on the issue.
“It should be a game-changer,” Christensen said, “but the problem is that those who oppose reform are too
willing to listen to the Pentagon when they say they’ve got this under control.”
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