In 2018, then-Defense Secretary James Mattis issued a memo calling for commanding officers to flex their Uniform Code of Military Justice muscle, rather than falling back on administrative and non-judicial punishments to handle misconduct.
His letter wasn’t just about sexual assaults, but it underscored a key aspect of tackling the issue.
Lawmakers, notably Sen. Kirsten Gillibrand, D-New York, have in recent years called for sexual assault prosecutions to be taken out of the chain of command, arguing that COs have proven that they lack the will or the understanding to properly adjudicate sexual assaults.
Criminal action, one metric to show how the military is handling the issue, was largely stagnant in 2019.
Of 3,716 reports investigated in last year, 63 percent of them — or 2,339 cases — were recommended for commander action, according to the report. Of those, commanding officers took action on 1,629 cases, including 794 courts-martial, 360 non-judicial punishments and 474 adverse administration actions, including involuntary discharge from the service.
While the number of courts-martial and NJPs stayed about steady from 2018, to 2019, Galbreath said, administrative actions rose ― indicating that in some cases, commanders were choosing to either slap perpetrators on the wrist or unload them from the service, rather than take harsher action.
"I am tired of the statement I get over and over from the chain of command: ‘We got this, Ma’am. We got this,’ " Gillibrand told Army Chief of Staff Gen. James McConville in May 2019, after reading DoD’s 2018 SAPR report. “You don’t have it. You’re failing us. The trajectories of every measurable are going in the wrong direction.” - Military News
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