The sneaky Army is up to their old tricks again. On 09FEB2023, the Maryland District Washington Office of the Staff Judge Advocate (MDW OSJA) notifies all of their staff judge advocate lawyers about changes to their withholding policy.
The military hates to get involved in domestic disputes and have conjured up a crazy withholding policy that provides the Army with an excuse for not providing protection to victims of domestic violence.
Remember the case of where a military member attacked his wife with a knife and the Army put him up in a hotel for seven days as a “cooling off period?” How stupid is that? If someone attacks the clerk at a convenience store with a knife, maybe the United States Army would recommend putting that individual up in a hotel so he can cool down.
Anyway, the Army is attempting to conduct a “jurisdictional alignment” regarding to their withholding policy. So, just recently the Army sent out a notice to their staff judge advocate lawyers saying the following… (our rebuttal is in RED)
1. MDW Jurisdiction Memorandum
a. MDW has designated the Garrison CDR a Special Court Martial Convening Authority (previously a Summary Court Martial Convening Authority)
2. MDW CG Withholding Policy with the following changes:
a. Requires commanders to initiate involuntary separation proceedings for all Soldiers against whom there is a substantiated investigation of sexual assault, domestic violence, or sexual harassment.
This did not happen in Jane Doe case! Found out on Dec 14, 2022 MG Allan M. Pepin took administrative action against CPT Moreno, well before new guidance came out and not in compliance with the guidelines of the previous policy, a clear example of fraud and deception by a major general.
b. Soldiers under investigation or facing adverse action are not allowed to telework unless an exception is granted in writing by the first GO or SES in the supervisory chain.
This did not happen in Jane Doe case! Commander allowed CPT Moreno to move in with another female, and contrary to policy, Moreno was allowed to telework.
c. Commanders of Soldiers accused of domestic violence are required to order a “cooling off” period of not less than 7 days and to order the Soldier into the barracks or appropriate temporary housing. The SPCMCA can grant, in writing, an exception when there is not sufficient barracks space.
This did not happen in Jane Doe case! Command ignored Jane Doe’s repeated request to have Moreno remanded to barracks. They stated “ it would violate his rights.” Because they failed to listen, he violated his Civilian Protective Order (CPO) and was convicted accordingly. Why didn’t the military immediately issue a Military Protective Order (MPO)? The command still let CPT Moreno do whatever the hell he wanted. The command provided no updates to Jane Doe which it was their duty to do. For some odd reason, the command did provide updates in another case of domestic violence. The command didn’t give a damn about Jane Doe and her son’s safety, allowing CPT Moreno to do whatever the hell he wanted.
d. The policy reiterates the requirement for issuance of an MPO NLT six (6) hours after determining it is warranted in cases involving domestic violence or sexual assault.
This did not happen in Jane Doe case! Jane Doe had to physically go to Ft. Myer herself and alert FAP 6 weeks after the Felony strangulation and child abuse warrants/arrests along with the two (2) Civilian Protective Orders (CPO’s). NGB command, CID, the JAG officers, MDW legal and the generals failed to give Jane Doe and her son a Military Protection Order (MPO), or even alert FAP. It was all an effort to cover-up this situation and protect CPT Moreno.
e. The policy also emphasizes that Soldiers be flagged when under investigation, that victims be notified of disposition of cases IAW regulatory guidance, and that all sexual assault allegations be forwarded to CID.
This did not happen in Jane Doe case! We reiterate; to this very day, MDW legal, NGB command, CID or any JAG officers have alerted Jane Doe. They have not provided updates to Family Advocacy Programs (FAP) as required by regulation, nor have they abided by their own safety plan. Jane Doe and her son’s rights have been ignored and violated every step of the way, up to the publication date of this article. The military’s response has been pathetic, and certainly not in compliance with their own directives. It begs the question; did this happen because Jane Doe and her son are African-American? Or, is this just a simple cover-up case for other unknown reasons? Why in the world has the Army gone to such great lengths to lie, deceive and cover-up a case of assault and battery against a woman and her 1-year-old son?
As we reviewed this memo to the SJA lawyers, we felt it was important to set the record straight. We also provide the following information for the sake of intellectual honesty…
- The military has blatantly lied to a congressman’s office. They even tried to be sneaky and have NGB IG send an email the day after they allegedly implemented their new withholding policies on February 9, 2023.
- We have copies of the original withholding policy that was only on hard copy until the beginning of December 2022. It showed up on MDW website conveniently after LTC Marylane Garcia Rosado sent it in an email on November 28, 2022. This was the first time this policy was ever mentioned.
- The previous battalion commander LTC Colleen Sheppard never referenced it at all.
- This withholding policy was sloppily pieced together by Chief of Military Justice Major Chase Cleveland.
- Pages 3 and 4 had different font and letter sizing and proved to be inserted in the previous withholding document as the other 3 pages had the original font from the previous policy memorandum. It was either sneakiness or laziness, you make the call.
- There are apparent food particles on pages 1 and very visibly brown substance on page 2.
- The Subject of the policy letter on the first page stated SUBJECT: Policy Letter- Withholding and Notification of Misconduct- Memorandum #6. However, on the following 4 pages of the document, the running header for the Subject contained memorandum #5.
- Clearly, the Chief of military justice overlooked the SUBJECT LINE and used the previous document and forgot to change it as that policy was memorandum #5 when previous Commanding General Omar Jones signed Withholding Policy Memorandum #5 on June 4, 2019.
- This poses a problem because the policy crafted by Major Cleveland was supposedly Memorandum #6 on falsely issued October 14, 2021 and now the new and improved policy released on February 8, 2023 also states that is policy #6.
- Unfortunately, Major Cleveland can’t win for losing. This is why you don’t commit fraud, misrepresentation, unethical violations or change policies when an IG, congressional or bar complaint is filed against you.
- When you cover one lie you have to go back and over up another. Way to mess this whole thing all up and give away you are obstructing justice. Don’t believe us, view the policies for yourself…
A QUICK REVIEW (AND VIDEO) INVOLVING THE JANE DOE CASE:
Jane Doe is an officer in the United States Air Force. The Air Force apparently has a different attitude regarding domestic violence.
According to the Air Force Secretary (JAN 27, 2023)… “Domestic violence has no place in our Air and Space Forces—it breaks the bonds of our service family, destroys individuals, families, and our communities, and is illegal,” said Secretary of the Air Force Frank Kendall. “We owe survivors of both domestic violence and sexual assault a foundation of trust to report violence, and confidence that all members of the Department of the Air Force know how to effectively respond and support.”
“Every member of our Air Force family deserves dignity and respect, and those who exhibit the strength and courage to seek support must be able to do so with the knowledge they will be treated with genuine care and competence,” said Air Force Chief of Staff Gen. CQ Brown, Jr.
Jane Doe was living with and got pregnant by Army Captain Jose Moreno attached to the National Guard Bureau. Moreno has no clue as to what monogamy is all about and went out whoring around while his girlfriend (whom he begged to get married many times) was at home.
Jane Doe gave birth to a beautiful baby boy, but CPT Jose Moreno couldn’t handle the racist taunts from his “friends” about having a Black baby because Jane Doe is a Black woman. Wallowing in a quagmire of stupidity, insecurity and racism, Army Captain Jose Moreno took out his anger on his 1-year-old child.
Here’s CPT Jose Moreno giving his baby boy a left cross on the right side of his face. There’s more video and more beatings that are difficult to watch, so we shortened the video to a minimum, but you get the idea. Adding insult to injury, listen to daddy laugh as he belts his 1-year-old son across the face. Below is the hyperlink to the video…
Worse yet, CPT Moreno went after the mother, choking her to near unconsciousness. According to Jane Doe, Moreno made it clear; he would kill their son, Jane Doe, then himself in a double murder suicide plan. All of that didn’t seem to bother the Army as they took no action against the certifiable Jose Moreno.
If you know anything about Jane Doe, you will know she does not bow down to anyone. Jane Doe sought the help from everyone. Family Advocacy gave her as much help as they could until the Army sidelined them.
Jane Doe begged for help and protection from the Army and got the cold shoulder.
Jane Doe finally went to the civilians who yanked the rogue Army captain into court and convicted him of violating protective orders. The only sliver of justice Jane Doe received was from the civilians and it simply wasn’t enough.
The video tells us all we need to know about the character of Army Captain Jose Moreno.
Now, let’s address the character of the United States Army. Rumor has it the Army, in their infinite wisdom, has decided to reward CPT Jose Moreno with an an Honorable Discharge. We don’t know if that will be the case or not.
An Army officer who assaults women and children, no problem. Your characterization of military service is “Honorable.”
Additionally, the Army wants us all to forget the rampant racism so prevalent in the Army officer corps, at least at the National Guard Bureau. Big Army has gone silent on that subject. Army silence gives their racist officers tacit approval for their reprehensible attitudes, beliefs and conduct.
Big Army wants us to forget the stolen weapons. And, OMG… the illicit drug use is rampant in the National Guard. Let’s forget that too. They want us to forget the pervasive sexual hijinks of many Army officers who are sleeping with everyone else on base.
Bottom line: the National Guard Bureau (NGB) is just one big cesspool of lying, thievery, infidelity, racism and coverups.
And the officer in-charge of it all, Lieutenant General Jon A Jensen, is still hiding under his bed waiting for it all to blow over. His fellow cover-up artists are also dirty on this. That includes Major General Allan M. Pepin and the other real piece of work known by his handle as, “Dick Pic Six” – Colonel David Bowling.
Now there’s a great bunch of leaders for ya. It makes us so proud to know we have such decisive military officers such as this doing all they can to make this Jane Doe case go away. And to reward Jane Doe, they got in a huddle and decided to let the perpetrator of the crimes off the hook with an Honorable Discharge.
JANE DOE’S LETTER TO THE NATL. GUARD BUREAU
Jane Doe sat down to write a letter after the National Guard Bureau IG reached out to her the day after MDW OSJA implemented their new withholding policy. This involved her whistleblower complaint.
Her letter states the case far better than we have been able to do in six volumes of articles on MilitaryCorruption.com. Below is the letter, paraphrased for brevity…
Dear National Guard Bureau,
Attached is the video of CPT Jose Moreno striking my son, who ultimately went unconscious. Careful observation reveals that after the initial hit, CPT Moreno was laughing as my son cries in pain.
Numerous senior members of the Army have seen this video, including the Garrison Commander Col. David “Dick Pic Six” Bowling.
As a result of the multiple incidents of abuse at the hands of CPT Jose Moreno, my son now has been diagnosed with a developmental delay. Just months prior CPT Moreno had strangled me to the point of unconsciousness.
I am not sure who asked for a request for assistance (it was not me), however, it is a conflict of interest for the National Guard Bureau (NGB) to be conducting an Inspector General (IG) investigation as it has already been addressed to a congressman’s office by the Army’s legal division (MDW) on official letterhead.
It is also concerning that your office would be conducting this investigation given the fact there are branch chief’s, colonels from NGB, as well as generals listed as offenders.
Allegations of offenses range from adultery, drug abuse, racist comments, fraternization, video evidence of child abuse, dereliction of duty of leaders to ensure victims protection since August 2022, etc. etc.
Furthermore, it is also concerning that an interview would be conducted conveniently after CPT Jose Moreno is believed to be soon Honorably Discharged from the Army this week or next week after felony strangulation and child abuse charges.
Moreno received no-contest deferred findings, a current guilty conviction of a violation of a Military Protective Order (MPO) and a Civilian Protective Order (CPO) in Arlington after he went out drinking with Major Alpa Landani and other personnel. Despite my repeated pleas for the military to ensure the safety of both me and my son, the United States Army has done nothing.
CPT Jose Moreno is currently under a CPO for family domestic abuse. Given all this outrageous behavior, the Army is allowing him to resign in lieu of court martial and bestowing upon him an Honorable Discharge. All without consequence from the military, despite promises made to the victims that he would be court martialed.
I was purposely denied special victims’ counsel and any support through the military to ensure my voice could not be heard. I exhaustedly went through every layer of command and the Inspector General, seeking help. My pleas fell on deaf ears.
Family Advocacy has exhausted all efforts to ensure the safety of both me and my son. No one in the chain of command or legal team has provided updates or responded to any of my inquiries.
It is readily apparent the Army leaders who have been handling this case do not take domestic violence or the NDAA seriously.
I respectfully ask that you refer this case back to the Department of Defense Inspector General (DODIG) or to any other department that will properly conduct an thorough investigation. The NGB should not be and would not be conducting any IG complaints or investigations as this was previously addressed due to the massive issues and discrepancies that failed to be addressed back in July- December 2022.
My son’s father (CPT Jose Moreno) assured me he would resign his commission and kill me and kill himself, sadly I believe the military will allow this to happen. The first phase of his plan is already in motion. I do not want to be the next Vanessa Guillen.
SUPPORTING INFORMATION: Guillen was a 20-year-old United States Army soldier, who was bludgeoned to death with a hammer at Fort Hood, Texas, on April 22, 2020, after complaining about chronic sexual harassment by a coworker. The coworker and his girlfriend cut up Vanessa’s body to make disposal easier.
Vanessa Guillén had been missing for over two months when some (only some) of her dismembered remains were found buried along the Leon River.
As a direct result of the horrific murder President Biden signed an Executive Order (Jan 26, 2022), which made sexual harassment as a specific offense under the Uniform Code of Military Justice (UCMJ).
Given the Jane Doe case against the NGB, an actual physical assault on a woman and a child is apparently no longer being charged by the Army, but sexual harassment will be. Oh yeah, that makes sense.
Jane Doe concludes her letter to the NGB saying, please take action to actually investigate this situation and all the so-called Army leaders who failed to uphold Army values and failed to uphold the law.
Respectfully, Jane Doe
(Name Withheld by Request by MC.com)
Upon hearing about one of their officers violently attacking a woman and their 1-year-old baby, the Army should have immediately flagged the officer and issued a Military Protection Order (MPO). Then CID should have fanned out to gather evidence of the crime(s).
Evidence such as the video of the smack down and choking incident could have been quickly obtained, but there was more. How about fraternization and adultery all over the damn base. How about stolen weapons, rampant drug use and falsified documents. Throw in about fifty charges of conduct unbecoming and dereliction of duty and God only knows what else a seasoned investigator could have found.
The convening authority then convenes a general court martial for all the crimes the perpetrator(s) were guilty of, especially those crimes unique to the military. All other officers and enlisted members guilty of crimes discovered as a part of an intensive CID investigation should have been disciplined accordingly.
This is especially true for those military members embracing racist traits. No cover-ups, no changing dates on documents, no skullduggery to protect the general staff. The Army should have been, wait for it…. “transparent,” and demonstrated positive, direct and swift leadership. Is that too much to ask?
Instead, Army commanders hid in the shadows and played all sorts of mind games. Shame be upon you Army for protecting the criminal and victimizing the injured. Shame be upon you for giving the guilty a pass, while allowing others to languish in fear from the threat of a retaliatory response that could have resulted in death or grievous bodily harm.
If CPT Jose Moreno suddenly snaps and starts killing people, all that blood will be on the hands of weak and timid military commanders who frankly don’t care about the people they are duty bound to protect. We pray God that does not happen.
If the Army would have followed the advice and counsel of the Family Advocacy Programs (FAP) counselors, all of this would have been handled professionally and MilitaryCorruption.com would not have been compelled to write six volumes of articles about outlandish command failures.
This entire matter screams for Congressional action. There needs to be a major house-cleaning in the Army and the National Guard Bureau.
ADDITIONAL MILITARY CORRUPTION NEWS 1:
(REF: ARTICLE FROM Military.com) Another National Guard general has anger management issues when he apparently assaulted a journalist.
ADDITIONAL MILITARY CORRUPTION NEWS 2:
(REF: ARTICLE FROM STARS AND STRIPES) Nine Lockheed Martin-built high-speed naval vessels were designed to operate in shallow waters, and they were outfitted with some 8,000 computer sensors. All were hit with a propulsion problem. The ships will likely be scrapped or sunk to the bottom of an ocean. (The definition of a “total waste.”)
Rear Adm. John Gumbleton, deputy assistant secretary of the Navy for budget, put the cost of the nine vessels — the newest of which was commissioned in 2020 — to be decommissioned at $4.5 billion, according to defensenews.com.
But, that’s nothing compared to the $80+ Billion in military equipment we left the Taliban when we ran with our tail between our legs leaving many Americans behind.
How many people will be held accountable for pissing away that kind of money? And, how many junior officers in the Navy will be court martialed for a $75.51 travel claim? Only one we know of. He’s on the staff at MilitaryCorruption.com.
ADDITIONAL MILITARY CORRUPTION NEWS 3:
(REF: ARTICLE FROM Military.com) The U.S. Supreme Court unanimously rejected a veteran’s argument that his disability compensation should have been made retroactive to his date of discharge because his condition rendered him incapable of filing a claim within the required one-year window after leaving military service.
The justices rejected the arguments of Navy veteran Adolfo Arellano, saying that his case and others like it don’t meet requirements for an exception from the rule that allows veterans to have their compensation backdated to the date they left service if they file within a year of separation.
The Supreme Court allowed the Veterans Administration to keep their current policy in force, “Delay and Deny, Until they All Die.” The decision appears to be a further embrace of the Feres Doctrine, leaving more pain for American military members to endure.
ADDITIONAL MILITARY CORRUPTION NEWS 4:
(REF: ARTICLE FROM ABC 7 NEWS) Maj. Gen. Kenneth Kamper was suspended from his position as commanding general of the U.S. Army Fires Center of Excellence and Fort Sill, Oklahoma, according to Army Spokeswoman Cynthia O. Smith.
Sources (in the article) said the suspension was the result of repeated violations of regulations around hunting on post. The suspension was reportedly ordered by Gen. Gary Brito, commanding general of the U.S. Army Training and Doctrine Command.
Will the major general be court martialed? Will he receive a Dishonorable Discharge? Will he even be reprimanded? We’re guessing you already know the answers to all these questions.
ADDITIONAL MILITARY CORRUPTION NEWS 5:
(REF: ARTICLE FROM ARMY TIMES) Desertion charge dismissed for Fort Jackson officer after resignation. A former Army officer accused of desertion who faced court-martial at Fort Jackson, South Carolina, had his charges dismissed without trial, according to documents reviewed by Army Times.
Army 1st Lt. Nikita Keenan, a former transportation officer who served in a staff role with the 193rd Infantry Brigade, instead left the Army after requesting a voluntary separation known as “resignation for the good of the service.” Army officials accepted his resignation in February 2022, according to documents.
Usually, the generals are allowed to separate from the service to avoid prosecution. Now they’re letting lieutenants sneak out the back door without any punishment.
ADDITIONAL MILITARY CORRUPTION NEWS 6:
(REF: ARTICLE FROM KWTX.COM) Commander of Fort Hood’s military police brigade suspended. Col. Ann Meredith, the commander of Fort Hood’s 89th Military Police Brigade, was suspended on Monday, Jan. 5, pending the results of an ongoing investigation.
“To protect the privacy of the individuals involved, and as a matter of policy, the Army does not comment on ongoing investigations,” Army spokes person said. That means, we are circling the wagons and want this to die down as soon as possible so we can move her to a new location to screw up that command.