Rep. Tulsi Gabbard Amendment to Defense Bill Would Bring Transparency to Impacts of Sexual Assault "Bad Paper" Discharges

Press Release

Rep. Tulsi Gabbard (HI-02), a senior member of the House Armed Services Committee who has also spent nearly two decades serving in the Hawai"i Army National Guard, successfully included an amendment in the annual National Defense Authorization Act that would require the Secretary of Defense to provide a report to Congress on the impact sexual assault in the military may have in "bad paper" discharges over the past 20 years.

"The men and women of our military, and their families, make great sacrifices in service to our country. The threat they face should never come from within our ranks. Sadly, we have seen too many of our servicemembers fall victim to sexual assault, with many failing to see justice served on their perpetrators," said Rep. Tulsi Gabbard. "I've met survivors of sexual assault who have detailed how their trauma negatively impacted their ability to do their job in many ways, and rather than be provided with the treatment and benefits they need and have earned, too many have been kicked out of the military with a "bad paper' discharge. These survivors should not be paying the price for another's crime. My amendment will ensure that data is collected and reported to Congress on all servicemembers who have received any discharge other than "honorable' over the last 20 years, and examine the underlying issues that may have led a servicemember to receive such a discharge. With this information, the DoD and Congress can make informed decisions to protect and honor the service of survivors of sexual assault, and ensure they get the care and benefits they deserve."

Background: The adopted amendment requires a report related to sexual assault by the Department of Defense to Congress providing an accounting and demographics of individuals receiving "bad paper" (i.e. dishonorable, bad conduct, or other than honorable) discharge or dismissal from the Armed Forces in which there is evidence that the individual discharged suffered symptoms of sexual trauma or filed a complaint with the chain of command regarding sexual assault and related discrimination, fraud, waste, or abuse. The amendment would require the DOD report to cover the last 20 years.

Since her first term in Congress, Rep. Gabbard has been outspoken in her support for victims of military sexual assault as well as led the fight for the Military Justice Improvement Act to secure justice, address the trauma they face, and ensure that the Department of Veterans Affairs is equipped to address their needs.

On July 1, Rep. Tulsi Gabbard joined the family of slain Spc. Vanessa Guillen at a press conference at the U.S. Navy Memorial in Washington, D.C. demanding answers regarding her disappearance and the reported sexual harassment she faced while serving. Spc. Guillen was last seen on April 22 near the squadron headquarters. Her car keys, identification card, and wallet were all found at Fort Hood. Her remains were positively identified just days after the press conference, found near the Leon River, just east of where she went missing in April.

In May 2019, Rep. Gabbard cosponsored H.R.2388, Harmony's Law, a bill that would help prevent those convicted and found guilty of rape in the military from being freed from jail on a misconstrued technicality due to the U.S. v. Mangahas ruling. It would authorize the House Office of General Counsel to represent the interests of Congress in any cases related to the Mangahas decision, expressing the intent of Congress that the passage of time should not bar the prosecution of rape or sexual assault under the Uniformed Code of Military Justice, and eliminating statutes of limitations for sexual offenses in the military against children.

The U.S. Court of Appeals for the Armed Forces ruled in U.S. v. Mangahas that the statute of limitations for sexual assaults that occurred before 2006 is five years. In doing so, the Court incorrectly overruled the military's standard in place from 1986 to 2006 that rape could "be tried and punished at any time without limitation" and misinterpreted the Congressional intent of the 2006 NDAA by failing to apply it to cases that occurred prior to 2006.

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