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Rape Conviction Overturned by Military Court Due to Jury Composition

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By Debbie Gregory.

The nation’s highest military court has thrown out the 2012 rape conviction of a Coast Guard enlisted man because admirals and prosecutors packed the seven-member jury with five women, four of whom held jobs as advocates for victims of sexual assault.

In a 5-0 ruling that could change how the military conducts sex abuse trials, the U.S. Court of Appeals for the Armed Forces tossed out the conviction of Boatswain’s Mate 2nd Class John C. Riesbeck.

The decision speaks to the way politics influences command choices regarding military justice. From the Coast Guard commandant down to an appellate court to the original trial judge, the high court said all contributed to a “stain on the military justice system.”

Riesbeck claimed a biased jury panel had infringed on his right to a fair trial after he was convicted. He was sentenced to three months’ confinement, demotion, and a bad conduct discharge.

Four admirals had a hand in the final panel: Coast Guard Commandant Paul F. Zukunft; Vice Adm. Manson K. Brown, then-commander of Coast Guard Pacific Area & Defense Forces West; Rear Adm. Christopher Colvin, then-Pacific Area deputy commander; and Rear Adm. June Ryan, then-Pacific Area chief of staff.

The Coast Guard is part of the Department of Homeland Security, but its 40,000 personnel — about 10 percent of whom are women — come under the Uniform Code of Military Justice, as do all military personnel.

“It is gratifying to see a female judge pushing back against the ‘Me Too’ meme by insisting on due process for the accused Coast Guardsman as well as the accuser in this case,” said Elaine Donnelly, who heads the Center for Military Readiness. “The court also deserves praise for holding accountable Admiral Zukunft, who was involved in what Judge Margaret A. Ryan described as ‘gender-based court stacking’ with professional victims advocates.”

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.

Former Marine Staff Sgt. Joe Chamblin Wins Again in Court

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By Debbie Gregory.

Once again, a military court has voided the conviction of former Marine Staff Sgt. Joe Chamblin, who was filmed urinating on Taliban corpses during a 2011 deployment to Afghanistan. The video was first posted by TMZ in January 2012, prompting an international backlash.

Chamblin was sentenced to 30 days’ confinement. The resulting demotion to sergeant ultimately ended his Marine Corps career.

Last November, five years after the initial sentence, the Navy-Marine Corps Court of Criminal Appeals ruled that the case be set aside because of apparent unlawful command influence, which occurs when a senior military officer uses his or her position of authority to influence legal proceedings. The ruling cited the actions of now-retired Gen. James Amos, who was commandant of the Marine Corps from 2010 to 2014, and some of his senior staff members.

Then-Lt. Gen. Thomas Waldhauser, who was initially appointed to oversee the sniper prosecutions, testified that Gen. Amos met with him and told him the defendants needed to be “crushed” for their actions.

Waldhauser, now a four-star general overseeing U.S. Africa Command, later told Amos that he had decided against sending any of the Marines to a general court-martial, the military’s most serious form of trial.  Shortly thereafter, Waldhauser was replaced by another general.

According to Waldhauser, Amos said at the time that he had “crossed the line” in his previous conversation and was removing Waldhauser as a remedy.

The Marine Corps failed to notify the accused Marines and their attorneys why Waldhauser was removed.

The appellate judges also considered the decision by the Marine Corps’ top lawyer at that time to remove another attorney on the case who had protested what he considered the “irregular classification of evidence.”

The ruling specifically blamed Amos for complicating the case.

The government has two months to decide whether to ask the U.S. Court of Appeals for the Armed Forces (CAAF) to consider the case. For the military, CAAF is the final appellate step before the Supreme Court.

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.

When the U.S. Coast Guard & Navy Took Down Head of the Cuban Mafia

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By Debbie Gregory.

The USS Thomas S. Gates (CG-51) was a U.S. Navy flight-I Ticonderoga-class cruiser that was named after Thomas S. Gates, Secretary of Defense in the last years of the Eisenhower Administration (1959–1961).

The ship was the only vessel of the class to be named after a person; all of the other cruisers are named after famous battles in American history. But that’s not the Gates’ only claim to fame.

On March 21, 2004, the Gates rendezvoused with cruise ship Celebrity Summit, of Royal Caribbean International Cruise Lines, in the central Caribbean. The cruiser’s embarked USCG Enforcement Detachment boarding team, with the cooperation of the cruise ship’s captain and security force, apprehended Jose Miguel Battle, Jr. the suspected leader of La Corporación, an organized crime outfit aka the “Cuban Mafia.”

La Corporación worked in cahoots with the Italian mob and grew into an enterprise worth more than a $1 billion. La Coporación frequently used intimidation, contract murders, and arson.

In 2004, both the Battles were arrested in a huge federal sweep that targeted their gang. Battle Sr. died in custody three years later. Battle Jr. served more than a decade in federal prison, and was released in November, 2017.

According to “The Corporation: An Epic Story of the Cuban American Underworld” an upcoming book by T.J. English, the Pentagon and the chairman of the Celebrity Cruise Lines arranged a rendezvous point for the two ships to meet. The team had 12 hours to detain Battle Jr. before the cruise ship returned to Costa Rica territorial waters.

At least six members of the Coast Guard law enforcement detachment, clad in tactical gear and face masks, boarded the cruise ship and in just a matter of minutes, Battle Jr. was in custody.

Hollywood has since taken interest in the Battle family’s story. The movie, currently titled “The Corporation” is due to be produced by Paramount and Leonardo DiCaprio, starring Benicio del Toro as Battle Sr.

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.

Are Fitness Apps Compromising our Military?

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By Debbie Gregory.

A fitness app’s heat map could pose risks for security forces around the world by revealing the location of where they are exercising, causing the U.S. Central Command to refine its privacy policies.

“The coalition is in the process of implementing refined guidance on privacy settings for wireless technologies and applications, and such technologies are forbidden at certain coalition sites and during certain activities,” a Central Command spokesperson said.

Strava, a social network for athletes, and allows its users to share their running routes that show up on a global heat map. From the site, it’s possible to identify individuals’ running routes, and around military bases users had posted profile photos of themselves wearing military uniforms.

Although the Strava tool doesn’t offer a real-time view of the battlespace, it demonstrates that U.S. military personnel might be vulnerable because of their unsecured consumer tech.

The outlines of known military bases around the world are clearly visible on the map, especially in countries like Afghanistan, Iraq and Syria, where few locals own exercise tracking devices.

The situation came to light when 20-year-old Australian student Nathan Ruser noticed that, since most of Strava’s users are Westerners and there aren’t many Strava users in the Middle East, Central Asia and Northern Africa, the Strava workouts that do appear in those regions likely represent the activity of Western troops.

Others began noticing Strava workouts in Iraq, Somalia and Niger that seemed to represent secret military outposts.

In response to the Strava heat map revelations, a Pentagon spokesperson said that it was considering additional security training for service members.

But Strava has a good fix for U.S. military personnel: just opt out of sharing data with the company.

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.

Due to Federal Law, VA Won’t Research Effects of Marijuana on PTSD and Chronic Pain

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By Debbie Gregory.

Due to federal restrictions, the Department of Veterans Affairs will not conduct research on the effectiveness of medical cannabis on post-traumatic stress disorder and chronic pain.

Although doing so would not be illegal, there would be a lot of red tape to cut through.

The announcement is a huge setback for those who have advocated for medical cannabis to be a potential alternative to narcotic and opioid-heavy treatment plans that many VA patients are enrolled in.

There is a plethora of scientific research establishing medical marijuana as a safe and effective alternative to pharmaceuticals. Perhaps that has contributed to the majority of Americans supporting the legalization of cannabis for medicinal purposes.

Included in that majority are U.S. military veterans and veteran caregivers. According to a recent American Legion poll,  82% of respondents supported the legalization of medical cannabis, and 92% supported expanding research into the medical benefits of the drug.

Additionally, a number of veterans organizations have been pushing for research into the drug as a possible treatment option for many of the ailments that affect veterans, most notably PTSD and chronic pain.

Twenty-nine states, plus the District of Columbia, Puerto Rico, and Guam have legalized medical cannabis programs

The news that the VA will not conduct research into medical cannabis comes just after the department broadened its guidelines for patients to openly discuss their cannabis use with VA physicians. While it is unlawful for VA doctors to prescribe marijuana as it is a Schedule 1 substance, in states where medical marijuana is legal, VA providers are allowed to discuss marijuana use with veterans and adjust treatment plans as necessary.

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.

Marine Veteran Works to Rebuild His Life

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By Debbie Gregory.

Following his honorable discharge from the military, a former Marine was convicted of a crime and deported to Mexico.

At 19 years old, Marco Antonio Chavez enlisted in the Marine Corps and served for four years. The son of Mexican immigrants, he grew up in the U.S. as an undocumented immigrant.

In 1998, Chavez was convicted of animal cruelty and served 10 months in prison. An immigration judge considered his conviction an aggravated felony, which led to his deportation in 2002.

Chavez is believed to be one of hundreds of U.S. veterans who have served in the armed forces but were later deported after getting into trouble. He had the misconception that because of his service, he was automatically a U.S. citizen.

He moved with his family to Mexico, and his wife, who does not speak Spanish, commuted across the border for work. Eventually his family moved to Iowa, leaving him in Mexico.

Chavez was able to return home to the United States after California Gov. Jerry Brown pardoned him and an immigration judge ruled to restore his U.S. residency.

Chavez was invited by Rep. Nanette Diaz Barragán (D-CA) to be her guest at the 2018 State of the Union address.

Politics aside, Chavez has a clear message: “Veterans should not be getting deported. Anybody picking up a firearm to defend this country shouldn’t be deported.”

It’s been a tough road back for Chavez as he works to rebuild his life. He and his wife have divorced, and he is working to re-establish his relationship with his children.

“It’s like coming out of high school with nothing,” he said. “I’ve got to start over. That’s kind of what it’s like. I am getting another start, but a late one.”

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.

US Soldier Charged With Supporting ISIS

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By Debbie Gregory.

Accused ISIS sympathizer Sgt. Ikaika Erik Kang, a former air traffic control operator with the 25th Infantry Division at U.S. Army Pacific Command was planning to join ISIS and attack Schofield Barracks as a suicide bomber, according to documents unsealed Monday in U.S. District Court.

The 35 year-old Kang has been charged with trying to provide ISIS with a training video of fighting techniques, classified U.S. military documents and military gear. He had begun making threatening remarks and pro-ISIS statements as early as 2011, and had been under FBI surveillance for almost a year before his arrest.

A search of computer hard drives belonging to Kang revealed 18 military documents marked “SECRET.” Also found were almost 500 documents that referred to ISIS or violence, including 13 issues of the al-Qaeda magazine Inspire, the FBI said.

An undercover FBI operative who had been communicating with Kang reported that Kang said he wanted to travel to Turkey because ISIS had a consulate there, and discussed the possibility of joining and fighting for the terrorist organization.

Kang has served extensively in overseas operations in Iraq, Afghanistan and South Korea, and has been awarded several commendations.

Kang’s father, Clifford, said his son graduated from high school with honors in 2001 and enlisted in the Army after the terrorist attacks of Sept. 11, 2001.

After the younger Kang converted to Islam, he would teach his father the Koran when he was home and living in Hawaii.

“I listened to him, but other than teaching or learning that belief, there was no mention of him going astray,” Clifford said.

When the elder Kang heard about the charges, he said he was “just in shock.”

A preliminary hearing is scheduled for July 24th.

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families

New VA Online Wizard Aims to Upgrade Your Discharge

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By Debbie Gregory.

The Department of Veterans Affairs (VA) has launched a new online wizard that will assist veterans who are seeking to upgrade their military discharges.

By going to the VA’s Vets.gov benefits website, participants go through a series of questions that guides them, step by step, through the upgrade process based on their individual situation.

This is an especially good tool for veterans who are trying to correct or upgrade “bad paper” discharges. Veterans with bad paper discharges have long complained that they were drummed out of the service with no consideration of their invisible wounds.

All branches of the military consider a strong case for a discharge upgrade if applicants can show their discharge was connected to any of these categories:

Mental health conditions, including Post Traumatic Stress Disorder (PTSD)

Traumatic brain injury (TBI)

Sexual assault or harassment during military service

Sexual orientation (including under the Don’t Ask, Don’t Tell policy)

By answering a series of questions, users get customized step-by-step instructions on how to apply for a discharge upgrade or correction. If their application goes through and the discharge is upgraded, these veterans will become eligible for the VA benefits they earned during their period of service.

If a previous upgrade application was denied, users can apply again, especially if the application is significantly different from the original. For example, the applicant may have additional evidence that wasn’t available during the original application was processed, or the Department of Defense (DoD) may have issued new rules regarding discharges. (DoD rules changed for discharges related to PTSD, TBI, and mental health in 2014, military sexual harassment and assault in 2017, and sexual orientation in 2011.)

The wizard will also assist those who require an updated DD214 or DD215 to reflect an upgrade.

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.

Seven Soldiers Set to Compete at 2018 Winter Olympics

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By Debbie Gregory.

The U.S. Army will be well represented at the 2018 Winter Olympic Games when seven of its own will compete in Pyeongchang, South Korea.

Returning in bobsled will be 2010 Olympic Gold Medalist Sgt. Justin Olsen from San Antonio, Texas; 2014 Olympic Bronze Medalist Cpt. Chris Fogt from Alpine, Utah; and 2010 and 2014 Olympic team member Sgt. Nick Cunningham from Monterey, California. Olsen and Cunningham are members of the New York National Guard. They will be joined by Sgt. 1st Class Nathan Weber, of the 10th Special Forces, from Pueblo West, Colorado.

Sgt. Emily Sweeney from Suffield, Connecticut, and Sgt. Taylor Morris from South Jordan, Utah, will complete in singles luge, along with Sgt. Matthew Mortensen from Huntington Station, New York, who is competing in the doubles luge event.

All seven participants are part of the U.S. Army Installation Management Command’s World Class Athlete Program. Soldiers in the program balance athletic training with their military careers, and are soldiers first.

The program was established by the Army to support Public Law 84-11, which allows the Army to provide soldiers, including those in the National Guard and the Army Reserve, to train for and participate in athletic competitions on the world stage.

Most soldiers in the program are assigned to the detachment and train on Fort Carson or at the U.S. Olympic Training Center. Others train with the U.S. national team for their specific sport.

Soldiers must be nationally ranked in their chosen sport to be considered for the program.  They represent the United States and the Army, maintain their military occupational skills, and often return to traditional military units when they are not competing or training.

On average, 40 to 60 soldiers are in the detachment.

Military Connection salutes and proudly serves veterans and service members in the Army, Navy, Air Force, Marines, Coast Guard, Guard and Reserve,  and their families.


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