Letter to Secretary of Defense Chuck Hagel - Aviano Air Base Scandal

Letter

Representatives Bruce Braley (D-IA) and Jackie Speier (D-CA) have requested a meeting with Defense Secretary Chuck Hagel to discuss Lt. General Craig Franklin's recent decision to overturn the sexual assault conviction of an airman on Aviano Air Base.

The airman, Lt. Col. James Wilkerson, was convicted by a court martial in November of abusive sexual contact, aggravated sexual assault, and three instances of conduct unbecoming of an officer. Last month, Franklin used his power as convening authority of the court martial to unilaterally overturn the conviction.

"Victims of sexual assault in the military deserve the same protection they would receive if they were civilians," Braley said. "Lt. General Franklin's decision to overturn Lt. Col. Wilkerson's conviction is a miscarriage of justice. We're requesting a meeting with Secretary Hagel to discuss this disturbing situation and find a remedy that protects the victim's rights."

On Tuesday, Braley, Speier, and Rep. Patrick Meehan (R-PA) introduced the Military Judicial Reform Act to strip military commanders of the unilateral power to overturn convictions and lessen sentences handed down by judges and juries at courts martial. The bill amends Article 60 and Article 63 of the Uniform Code of Military Justice (UCMJ) to take away the power of the convening authority to dismiss, commute, lessen, or order a rehearing after a panel or judge has found the accused guilty and rendered a punishment.

While there are an estimated 19,000 incidents of rape or sexual assault in the military each year, only 12.8% of victims ever report the crimes. Of those reports, 20% are referred to a court martial by a commanding officer; very few cases, less than 8%, result in conviction.

The text of the letter follows:

The Honorable Charles T. Hagel
Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000

Dear Secretary Hagel,

We are writing this letter to request a meeting with you at your earliest convenience. Recently, Lt. Gen Craig Franklin overturned the sexual assault conviction of a Lt. Colonel on Aviano Air Base. It has become clear that the issue of a convening authority empowered with the ability to overturn a conviction is very disturbing. In light of this event and our longstanding history of of work on the issue of sexual assault in the military, we request a discussion with you about the details of this case. Thank you for your attention and we look forward to your prompt response.

Sincerely,

Bruce Braley Jackie Speier
Member of Congress Member of Congress

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