6 new UCMJ articles that went into effect this year - We Are The Mighty
MIGHTY TRENDING

6 new UCMJ articles that went into effect this year

A host of changes to the Uniform Code of Military Justice became effective Jan. 1, modernizing definitions for many offenses, adjusting maximum penalties, standardizing court-martial panels, creating new computer-crime laws, and much more.

The changes strike a balance between protecting the rights of the accused and empowering commanders to effect good order and discipline, said Col. Sara Root, chief of the Army’s Military Justice Legislation Training Team.

“We’re pretty excited,” Root said. “It’s a healthy growth of our military justice system.”

Root and three members of her team spent the last year traveling to 48 installations to train 6,000 legal personnel and law-enforcement agents about the changes. Her two-day classes included everyone from judges to law clerks, and privates to generals, she said, and even 600 from other military services.


Codifying Changes

Many of the changes came about after a review by the Military Justice Review Group, consisting of military and criminal justice experts whose report made recommendations to Congress.

“We’ve had a lot of changes to our system [over the years], but piecemeal.” Root said. She explained that the Review Group convened to take a thorough and holistic look at the system to standardize military law and update the Manual for Courts Martial.

Many of the MJRG’s changes were incorporated into the Military Justice Act of 2016, the 2017 National Defense Authorization Act, and then Executive Order 13825 signed by the president March 8. Additionally, Secretary of the Army Mark Esper signed a directive Dec. 20 that clarifies definitions for dozens of offenses taking effect this week.

“We’ve really needed that much time,” Root said, from 2017 to now, in order to train all members of the Army Judge Advocate General’s Corps. Those attending her classes then needed time to train commanders and others on the installations, she added.

Adultery Changed

One of the changes replaces the offense of adultery with “extra-marital sexual conduct.” The new offense broadens the definition of sexual intercourse, which now includes same-sex affairs. The amendments also now provide legal separation as a defense.

In the past, service members could be charged with adultery even if they had been legally separated for years but were not divorced. Now legal separation from a court of competent jurisdiction can be used as an affirmative defense, Root said.

Also in the past, prosecutors had to prove traditional intercourse to obtain a conviction for adultery, Root said. Now oral sex and other types of sexual intercourse are included.

6 new UCMJ articles that went into effect this year

Recruits with India Company, 3rd Recruit Training Battalion, prepare and practice for their initial drill evaluation on Peatross Parade Deck Sept. 14, 2018 on Parris Island, S.C.

(U.S. Marine Corps photo by Sgt. Dana Beesley)

Protecting Junior Soldiers

UCMJ Article 93a provides stiffer penalties for recruiters, drill sergeants and others in “positions of special trust” convicted of abusing their authority over recruits or trainees.

The maximum sentence was increased from two years to five years of confinement for those in authority engaging in prohibited sexual activities with junior Soldiers. And it doesn’t matter if the sex is consensual or not, Root said, it’s still a crime.

Article 132 also protects victims and those reporting crimes from retaliation. An adverse personnel action — such as a bad NCO Evaluation Report, if determined to be solely for reprisal — can get the person in authority up to three years confinement without pay and a dishonorable discharge.

Computer Crimes

Article 123 provides stiff penalties for Soldiers who wrongfully access unauthorized information on government computers. Distributing classified information can earn a maximum sentence of 10 years confinement, but even wrongfully accessing it can get up to five years in jail. Unauthorized access of personally identifiable information, or PII, is also a crime. Intentionally damaging government computers or installing a virus can also bring five years in the clinker.

Article 121a updates offenses involving the fraudulent use of credit cards, debit cards or other access devices to acquire anything of value. The penalty for such crimes has been increased to a max of 15 years confinement if the theft is over id=”listicle-2632036233″,000.

If the theft is under id=”listicle-2632036233″,000 the maximum penalty was increased from five to 10 years confinement, and this crime also includes exceeding one’s authorization to use the access device, for example, misusing a Government Travel Card.

Cyberstalking is also now included as a stalking offense under Article 130 of the UCMJ.

6 new UCMJ articles that went into effect this year

Support for military sexual assault victims and the number of reported offenses have increased in recent years, resulting in more investigations and courts-martial involving sexual assault charges.

(U.S. Air Force photo/Tech. Sgt. Samuel Morse)

Courts-Martial

A “bench trial” by a judge alone can now determine guilt or innocence for many offenses. Almost any charge can be referred to such a forum, except for rape and sexual assault, which requires referral to a general court-martial. However, if the offense has a sentence of more than two years, the accused has a right to object to such charges being referred to a bench trial and could request a special or general court-martial.

If found guilty at a bench trial, Root said a Soldier cannot be given a punitive discharge and the max sentence would be limited to no more than six months forfeiture of pay and no more than six months confinement. The judge can still adjudge a reduction in rank.

“It’s a great tool that we’re really excited to see how commanders use it out in the formations,” Root said.

More than half of the cases in the Army actually are settled by plea agreements in lieu of a contested trial, Root said. Commanders have always had the authority to limit the max sentence with a plea agreement, but she said now they can agree to a minimum sentence as well. This might result in a range for the judge to sentence within, for example, no less than one year confinement, but no more than five years confinement.

If a case goes to a non-capital general court-martial, the panel has now been standardized to eight members. In the past the size of the panel could vary from five to an unlimited number, but often around 10-12 members. Now each general court-martial must begin with eight panel members, she said, but could continue if one panel member must leave due to an emergency during trial.

Special courts-martial will now be set at four panel members. A court-martial convening authority can also authorize alternate members to be on a special or a general court-martial, she said.

Capital offenses such as murder require a 12-member panel.

For a non-capital court-martial, three-fourths of the panel members must agree with the prosecution to convict the accused, she said. For instance, if only five members of an eight-member panel vote guilty, then the accused is acquitted. A conviction for a capital offense still requires a unanimous verdict.

Expanded Authority

Congress expanded judges’ authorities to issue investigative subpoenas earlier in the process, for example, to obtain a surveillance video from a store. One of the most significant changes is that now military judges can issue warrants and orders to service providers to obtain electronic communications such as email correspondence.

In the past, trial counsel had to wait until preferring charges to issue investigative subpoenas. Now, with the approval of the general court-martial convening authority, trial counsel can issue subpoenas earlier to help determine whether charges are necessary. For electronic communications, the government previously had to rely on federal counterparts to assist with obtaining electronic communications.

“Being able to have these tools available earlier in the process is going to be helpful for overall justice,” Root said.

The changes also call for more robust Article 32 hearings to help the commander determine if an accused should go to trial, she said. For instance, a preliminary hearing officer must now issue a more detailed report immediately after an Article 32 hearing’s conclusion. In addition, both the accused and the victim now have the right to submit anything they deem relevant to the preliminary hearing officer within 24 hours after the hearing specifically for the court-martial convening authority to consider.

Aimed at speeding up the post-trial process, immediately following a court-martial, audio can now be provided to the accused, the victim, and the convening authority in lieu of a verbatim transcript which will be typed and provided later, but prior to appeal.

A number of other procedural changes are aimed at making the military justice system even more efficient, Root said.

More changes

More changes to punitive offenses also take effect this week. For instance, the definition of burglary has changed to include breaking and entering any building or structure of another, anytime, with the intent to commit any offense under the UCMJ. In the past, burglary was limited to breaking and entering the dwelling house of another in the nighttime.

The penalty for wearing unauthorized medals of valor has increased from 6 months to a max of one-year confinement along with forfeiture of pay and a bad-conduct discharge. This includes wearing an unauthorized Medal of Honor, Distinguished Service Cross, Silver Star, Purple Heart, or valor device. The maximum penalty for wearing any other unauthorized medal is still only six months.

Regarding misconduct that occurred prior to Jan. 1, the changes to the punitive articles are not retroactive, Root said. However, some of the procedural changes will apply to cases that were not referred to trial before Jan. 1.

All members of the JAG Corps are trained in the changes and ready to go, Root said.

“We’re pretty proud that our commanders are really at the center of this,” she said, “and it just gives them some more tools for good order and discipline.”

MIGHTY TRENDING

Another US combat drone has been shot out of the sky

A US military combat drone has been shot down over Yemen, marking the second time in three months the US has lost an unmanned aerial vehicle over the war-torn country.

Yemen’s Houthi insurgency claimed responsibility, announcing that it downed a US MQ-9 Reaper hunter-killer drone, a $15 million unmanned aerial combat vehicle developed by General Atomics, in Dhamar, an area to the southeast of the Houthi-controlled capital of Sanaa.

“We are aware of reporting that a US MQ-9 was shot down over Yemen. We do not have any further information to provide at this time,” US Central Command initially said in response to Insider’s inquiries Aug. 20, 2019.


Two officials speaking to Reuters on the condition of anonymity confirmed the that a drone was shot down. While one said it was the Houthis, another cautioned that it was too early to tell.

“It’s the Houthis, but it’s enabled by Iran,” another US official told Voice of America.

In a follow-up response to media questions, CENTCOM said Aug. 21, 2019, it is “investigating reports of an attack by Iranian-backed Houthis forces on a U.S. unmanned aircraft system (UAS) operating in authorized airspace over Yemen.”

The US military has, to varying degrees, for years been supporting of a coalition of mostly Sunni Arab states, led by Saudi Arabia, fighting to restore the internationally-recognized government in Yemen as the Houthi rebels backed by Shia Iran push to topple it.

“We have been clear that Iran’s provocative actions and support to militants and proxies, like the Iranian-backed Houthis, poses a serious threat to stability in the region and our partners,” CENTCOM said in its statement Aug. 21, 2019.

The Houthis shot down an US MQ-9 in mid-June 2019 with what CENTCOM assessed to be an SQ-6 surface-to-air missile. The US believes that the rebel group had help from the Iranians.

“The altitude of the engagement indicated an improvement over previous Houthi capability, which we assess was enabled by Iranian assistance,” CENTCOM said in a statement

6 new UCMJ articles that went into effect this year

An MQ-9 Reaper unmanned aerial vehicle flies a combat mission over southern Afghanistan.

(Photo by Lt. Col. Leslie Pratt)

Around that same time, Iranian forces fired a modified Iranian SA-7 surface-to-air missile at an MQ-9 in an attempt to “disrupt surveillance of the [Islamic Revolutionary Guard Corps] IRGC attack on the M/T Kokuka Courageous,” one of the tankers targeted in a string of suspected limpet mine attacks the US has blamed on Iran, CENTCOM revealed, USNI News reported at the time. The Iranians failed to down the aircraft.

Toward the end of June 2019, Iranian forces successfully shot down a US Navy Broad Area Maritime Surveillance (BAMS-D) aircraft, specifically a RQ-4A Global Hawk high-altitude long endurance (HALE) drone operating over the Strait of Hormuz.

President Donald Trump had initially planned to retaliate militarily against Iran but cancelled the mission after learning that striking would result in significant Iranian casualties, which would make the response disproportionate as the Iranians attacked an unmanned system.

Tensions between Iran and the US have spiked in recent months, as Washington put increased pressure on Tehran, leading it to push back with carefully calculated displays of force just below the threshold of armed conflict. The Houthis in Yemen have taken shots at the US before, firing not only on US combat drones but also US warships.

This article originally appeared on Business Insider. Follow @BusinessInsider on Twitter.

MIGHTY MOVIES

What ‘Game of Thrones’ – and Nagasaki – taught us about war

Warning: Contains spoilers from the series finale of Game of Thrones

In the penultimate episode of Game of Thrones, Daenerys Targaryen unleashed her weapon of mass destruction dragon on the army of her enemy — as well as thousands of civilians in King’s Landing. She deliberately and extensively burned thousands of innocent women, children, and elderly civilians alive.

In the series finale, she justified her actions by saying that Cersei Lannister had intended to use those innocent lives as a shield. Instead, Daenerys Stormborn turned that shield to ash.

And then…all was well in the realm?


6 new UCMJ articles that went into effect this year

A few people closest to Daenerys decided not that she must be held accountable for her actions, but that she must actually be put down for them — so Jon Snow murdered her. We could spend a lot of time discussing the merits to bringing a war criminal to trial, but let’s just accept that Jon felt the only way he could truly end Dany’s war was to literally stab her in the heart after telling her he’d be loyal and kissing her and how could you do that to Khaleesi Jon she needed a therapist.

And then…it really was done.

Everyone left standing was so weary of bloodshed that they calmly gathered together, laid down their arms, and invented a new form of government.

Which, honestly, is the only way men actually end their wars (maybe not the new government part — although…sometimes that works too — and actually while we’re here can we re-examine Plato’s philosopher king theory it could be cool maybe?).

6 new UCMJ articles that went into effect this year

“Democracy is nothing more than mob rule.”

In war, we butcher the enemy until someone can’t take it anymore. It is unimaginable to comprehend the casualties from conflicts like the World Wars (in World War I alone, the estimate is around 40 million civilian and military personnel injured or killed — 40 million). In World War II, the estimate is double.

Millions and millions (and millions) of people were dying horrific deaths and yet the fighting continued.

The United States dropped an atomic bomb on a city of innocents and yet the fighting continued.

It wasn’t until the U.S. dropped a second bomb that Japan finally surrendered.

Also read: Was this ‘Game of Thrones’ episode a metaphor for the Iraq War?

Eventually, men do lose their taste for war, which is the only way it can truly end. Unfortunately, humanity’s collective threshold for egregious harm, torture, and suffering is so high that it takes something like two atomic bombs — or a metaphorical dragon — to put an end to it all.

Which could explain why, after 17+ years, the United States is still fiddle f***ing around in Iraq and Afghanistan. It’s a mercy that no one is going nuclear in those AORs, but unfortunately, our own wheel keeps turning, delivering death by a thousand cuts.

Anyway, congratulations to Bran Stark.

Articles

Feds allege business scammed $100 million in TRICARE drug fraud case

6 new UCMJ articles that went into effect this year
An airman in the pharmacy at Ramstein Air Base in Germany mixes a compound drug. No military pharmacies were named in the fraud indictment.


More than a dozen civilians are accused of scamming over $100 million dollars from TRICARE by writing prescriptions that weren’t medically necessary and then overcharging for them.

Earlier this month the Department of Justice and the U.S. Attorney’s Office announced that they had added 10 people to an indictment originally handed down in February.

Named in the updated indictment are two businessmen, three marketing specialists, two doctors, and five pharmacy owners.

Also Read: TRICARE beneficiaries have one month to transfer prescriptions

The 36 page indictment outlines a massive scheme to defraud the government through a series of kickbacks, money laundering, and medical malpractice.

The feds allege the conspiracy began in 2014 when Richard Cesario and John Cooper founded CCMGRX, LLC (later renamed CMGRX). The premise of the company was to market compounded prescriptions to service members, retirees, and their dependents, documents show.

Compound prescriptions are drugs which are mixed in an effort to provide a unique prescription that meets the specific needs of the patient. They are not approved by the FDA, but may be prescribed when a patient is unable to have a specific ingredient in a drug, or the drug is not available in a specific form, such as prescriptions for children who can’t swallow a pill and must have a liquid version of the medication.

Cesario and Cooper enlisted the help of three marketers, Joe Straw, Luis Rios, and Michael Kiselak, to recruit pharmacies and patients, the indictment shows.

The patients allegedly were oblivious to the scam, instead being told that they were taking part in a medical study being done by an independent non-profit organization, the Freedom From Pain Foundation. The company was operated by Cesario and Cooper, who used the company to launder the money they received from TRICARE, Justice says.

Money was allegedly paid to five different pharmacy owners and two doctors.

After paying beneficiaries for participating in the study, kickbacks were allegedly sent in the form of checks to the doctors, pharmacy owners, and marketers. The rest was pocketed by Cesario and Cooper, the feds say.

More than 30 separate counts were filed against the men, including conspiracy to commit healthcare fraud.

The indictment also outlines some of the punishment the men will face should they be found guilty, beginning with a list of properties in Texas, Florida, and Costa Rica that the men will have to turn over to the government.

Additionally, 32 vehicles, including Ferraris; Maseratis; Aston Martins, Corvettes; Mercedes-Benz; Jaguars; Porsches; Hummers; Cadillacs; BMWs and several trucks and SUVs will be seized by the government upon conviction of any single offense.

The indictment goes on to list multiple boats and recreational vehicles, bank accounts in the names of the men and family members, cash, investment accounts, firearms, jewelry, other property, and “working interest” in several oil companies, as well as a “money judgement” that could all be seized by the government in an effort to recoup the over $100 million scammed by the group.

According to the press release regarding the indictment, Cesario and Cooper, who were placed in custody earlier this year, are being held until trial. The other 10 men all made bail until their trial.

Each of the charges against the men is punishable by between 5 and 10 years, and a $250,000 fine.

The FBI and the Defense Criminal Investigative Service helped investigate and breaking up the alleged conspiracy ring.

Articles

This Yazidi boy survived three years of ISIS captivity

Among the Iraqis freed in the US-led coalition’s liberation of Mosul from the Islamic State this month was Emad Mshko Tamo, a Yazidi who was separated from his family and trained as a soldier by the terrorist army for the past three years.


Wounded from shrapnel and covered in dust, the emaciated former captive shook hands with the Iraqi soldiers who freed him. He accepted a bottle of water and held it in his lap, sitting in the front seat of a truck that was to take him to a hospital for treatment.

Emad is 12 years old.

6 new UCMJ articles that went into effect this year
Yazidi refugees. (UK DFID photo by Rachel Unkovic)

While the Iraqi government celebrates its victory over the Islamic State in Mosul, aid organizations report that hundreds of civilians remain trapped in the Old City and the humanitarian crisis in Iraq continues to mount, with 3 million refugees and almost 1 million displaced people from Mosul.

“In the last week of fighting, 12,000 civilians were evacuated, [and] their condition was the worst of the entire war,” Lise Grande, the lead coordinator of the UN Assistance Mission for Iraq, said July 17 during a press conference.

“Many were elderly, disabled. There were separated children. They clearly did not have sufficient water, they hadn’t had sufficient food, and the overwhelming majority of the civilians who came out were unable, even on their own, to cross the front line to safety. They had to be helped,” said Ms. Grande, adding that the levels of trauma in Mosul are among the highest anywhere.

The Iraqi army next will move to liberate the cities of Tal Afar, Hawija, and western Anbar province, and humanitarian organizations are preparing for an even larger crisis.

6 new UCMJ articles that went into effect this year
Women and children wait at a processing station for internally displaced people prior to boarding buses to refugee camps near Mosul, Iraq, Mar. 03, 2017. (Army photo by Staff Sgt. Alex Manne)

Among the concerns are those for orphaned children and those separated from their families. Ms. Grande was unable to provide estimates but said the numbers are large and will require specialized care for months and even years to come.

Emad’s story is a bright spot in an otherwise dark saga, said Dlo Yaseen, an Iraqi-Kurdish translator who helped the 12-year-old while he was being transferred between hospitals from Mosul to Irbil.

Terrorists kidnapped Emad in the summer of 2014 from his village near Sinjar. He was one of thousands of victims of the Islamic State’s campaign of genocide against the Yazidi people — a Kurdish minority whose religious tradition, which mixes aspects of Christianity, Islam, and Zoroastrianism, is regarded as apostasy by the Islamic State.

The militants reportedly executed thousands of Yazidi men and boys and at least 86 women, and kidnapped and sold Yazidi women into sex slavery — among other crimes against humanity. An independent survey and analysis of survivors, family members, and civilians estimates that 3,700 Yazidis were slain or died during the summer assault, and that of the 6,800 who were kidnapped, 2,500 are still missing.

6 new UCMJ articles that went into effect this year
An ISOF APC among the rubble in Mosul, Iraq. (Photo by Mstyslav Chernov)

In Mosul, when the Iraqi soldiers realized that Emad was Yazidi, they called the only Yazidi soldier in their unit, Mr. Yaseen said. The soldier recognized Emad’s family name and was able to locate his relatives in Dohuk, a Kurdish city in northwestern Iraq.

Shrapnel from Iraqi army mortar fire had wounded Emad. Although Islamic State captors tried to treat him, he was still suffering. Personnel at a field hospital decided that he would be transferred to a larger hospital in Irbil for surgery.

In the meantime, five of Emad’s uncles traveled the few hours’ drive from Dohuk to Irbil for the reunion. They also brought news of Emad’s mother, who had traveled to Canada a few months earlier with two of his siblings. Emad and his mother were able to talk via Facebook chat.

Yazda, an international Yazidi aid organization, corroborated Emad’s story, saying his mother was resettled in Canada with the help of the UN High Commissioner for Refugees after the government’s decision to take in Yazidi survivors.

6 new UCMJ articles that went into effect this year
Emad Mshko Tamo. (Photo from Dlo Yaseen via Facebook)

Shortly after Emad’s rescue, Mr. Yaseen posted a photo of him on Facebook: “A Yazidi boy rescued under ISIS and rejoined his relative.”

The photo is striking — Emad is composed, sitting in the passenger seat of the truck, his face turned toward the camera. He is covered in grime — a large and dirty blue T-shirt is the only clothing covering his twig-like frame. His blond hair sticks up at all ends, his face is covered in white dust, but his lips are red and stained with blood. His expression is calm, a slight furrow to his brows as they arch upward.

“I asked him, ‘How do you feel now that you are rescued?'” said Mr. Yaseen. “He said, ‘I’m happy. I’m going to go to my house, my family. I will be happy.'”
MIGHTY CULTURE

Marines and sailors visit Iwo Jima for ‘once in a lifetime opportunity’

74 years ago the U.S. Marine Corps underestimated their enemy, what they had anticipated to be a short battle against the outnumbered Japanese troops ended up as a 36-day siege resulting in nearly 7,000 Marines losing their lives. There was no doubt the U.S. would successfully complete their mission, however the landing forces were not prepared for the Japanese that were well entrenched and had prepared for battle, resulting in one of the bloodiest battles in U.S. Marine Corps history.

Iwo Jima has since become a memorial ground to honor all of the American and Japanese troops that died in the battle. Today Japan and the U.S. are allies, on occasion service members are able to visit the island and reflect on the history. Stepping foot on an iconic battle site of World War II is a once in a lifetime opportunity that most service members do not get to experience. Marines and sailors of Okinawa were fortunate enough to visit the island and learn about some of the history of that Battle.


A professional military education presentation was given on the beaches by U.S. Marine Corps 1st Lt. Evan C. Clark, the training officer of 7th Communication Battalion, July 2, 2019. The Marines and sailors hiked the 5k trail from the flight line to the beach, along the way were various memorials of those who fought during this 36-day battle.

6 new UCMJ articles that went into effect this year

U.S. Navy Lt. Hal Jones prays at the base of Mt. Suribachi, Japan, July 2, 2019. Jones, the Navy Chaplain of 7th Communication Battalion, spoke with the Marines and sailors and did a moment of silence to honor the service members that died in the Battle of Iwo Jima.

(U.S. Marine Corps photo by Lance Cpl. Brienna Tuck)

“One memorial stood out to me as especially moving,” said Clark. “There was a memorial built where U.S. and Japanese veterans of the Battle of Iwo Jima were brought back, where they met stands a plaque honoring their reunion.”

6 new UCMJ articles that went into effect this year

Marines and Sailors of 7th Communication Battalion hiked to the beaches of Iwo Jima, Japan, July 2, 2019.

(U.S. Marine Corps photo by Lance Cpl. Brienna Tuck)

The plaque was made for the 40th anniversary of the Battle of Iwo Jima when American and Japanese veterans of the war returned to the island. They came together in friendship to honor the sacrifices of those who fought bravely and honorably.

6 new UCMJ articles that went into effect this year

Marines and Sailors of 7th Communication Battalion collect sand from the beaches of Iwo Jima, Japan, July 2, 2019.

(U.S. Marine Corps photo by Lance Cpl. Brienna Tuck)

Following the presentation, U.S. Navy Lt. Hal Jones, the Chaplain for 7th Comm. Bn. offered a prayer and proposed a moment of silence to honor and respect all of the people that died during the events that took place on Iwo Jima.

“Any person that has served has seen pictures from Iwo Jima, particularly the raising of the flag on Mt. Suribachi,” said Jones.

But it’s impossible to fully comprehend from just pictures as to how many bodies were here strewn all over the beach and the extreme difficulty they went through. Being here has brought a better understanding of what took place here. — U.S. Navy Lt. Hal Jones, the Chaplain for 7th Comm
6 new UCMJ articles that went into effect this year

Marines and Sailors of 7th Communication Battalion listen during a Professional Military Education on the beaches of Iwo Jima, July 2, 2019.

(U.S. Marine Corps photo by Lance Cpl. Brienna Tuck)

Both Clark and Jones said they believe the presentation to be important and beneficial to the Marines and sailors serving their country.

“More than anything, it is a reminder of our history,” said Clark. “This is why we exist as a service. This is where we rediscover the importance of what the Marine Corps does.”

This article originally appeared on Marines. Follow @USMC on Twitter.

MIGHTY CULTURE

Women & standards in special operations and special mission units

SOFREP recently published an exclusive piece covering the journey of the first female candidate set to graduate the Special Forces Qualification Course and earn her coveted green beret — an amazing achievement. Similarly, recent years have seen the services open their previously male-exclusive roles, including the opportunity to attend Ranger School and others, to women as well.

Women absolutely belong in Special Operations, and it would be narrow-minded to limit their opportunities to serve in special operations roles due to gender stereotypes: In SOF, this primarily refers to the different physical capacities between men and women, and the rigorous physical standards that must be met to serve in a special operations role.


It is the author’s opinion that there is a significant net benefit gained by reasonably adjusting female physical standards in a manner that accounts for the natural biological differences between men and women. What women physically lack in relative strength, vis à vis their male counterparts, they far compensate for in other unique qualities that SOF desperately requires.

For historical reference of the unique value proposition women offer, one only need to study the various exploits conducted by women such as Virginia Hall, a World War II-era Special Operations Executive (SOE) and Office of Strategic Services (OSS) operative, who conducted clandestine special operations for the Allies in Nazi-occupied France. Often disguised as a peasant woman, Ms. Hall skillfully employed her feminine prowess against the Nazis, resulting in unfettered freedom of movement throughout the French countryside.

Other special operations units have long relied on the value of women to conduct operations, noting that the coupling of male and female operatives during missions greatly reduced scrutiny from security services during the conduct of sensitive activities abroad.

SOF assessment and selection processes must evolve to reflect this. While traditional physical standards certainly have their place in special operations, the opportunity cost of not adjusting physical standards is too significant for the SOF community to bear. Does this mean standards are removed, curtailed, or made “easy?” Certainly not. It simply implies a measured and scientifically relevant culture shift that better enables women to succeed in special operations, beginning with physical standards.

It is important in this discussion to also frame the understanding of the largest limiting factor in SOF “production” — time. The oft-quoted SOF truths identify that SOF cannot be mass-produced and that humans are more important than hardware. The reason SOF cannot be mass-produced is due to the specific, rigorous, and just plainly lengthy screening and RAST (recruitment, assessment, selection, and training) processes required to produce a special operations professional.

That said, the notion of gender should have little to no discriminatory role in special operations manning. There simply is not the manpower to exclude a large population that offers unique value to special operations missions. Countless units experience significant manpower shortages and are being asked to “do more with less” because their RAST process cannot keep up with demand and attrition. This leads to burnout, which perpetuates the increased demands and greater stress on an already taxed force. This ultimately leads to greater attrition.

In the author’s experience, it took a grand total of about three years to transition from conventional operations to special operations, not counting the years of personal preparation beforehand. That process included an extensive remote screening; chain of command vetting and recommendations; an invitation to attend a lengthy assessment and selection course; an extensive security screening; completion of inter-service manning adjudication at the service component level; assignment to the unit; completion of an almost year-long training course; and additional follow-on qualification training to reach “fully mission capable” (aka mission-ready/deployable) status.

If that sounds like a lot, that is because it certainly was. And it is critical that women have equal opportunity to attempt such journeys alongside their male counterparts. The crossroads at which equal opportunity and SOF production meet are the reasonable adjustments of physical standards for women.

Much of traditional SOF processes focused on largely physical and mental capacities. Long rucks, hours wearing kit, and the ability to manipulate one’s body over, through, and around tricky terrain were paramount. The Army appears to have a penchant for long, solo rucks through tough terrain; the Air Force limits your ability to breathe through liberal use of “water confidence training” (aka supervised drowning); and the Marines like to ingest large quantities of drawing implements (particularly crayons).

Joking aside, however, it is the author’s opinion that these physical standards do not need to be exactly the same for men and women. Indeed, while recognizing the intrinsic differences between men and women, standards should rather reflect the reasonable demands of the special operations role future SOF professionals are expected to fill. Furthermore, a greater emphasis on personality traits and attributes is required. We are reminded of the wisdom, “the final weapon is the brain, all else is supplemental.”

As was recently identified (comically so) in the differences between Rangers and Green Berets, there are different folks needed for different strokes in special operations. If there ever was a “traditional” GWOT-era SOF image, it would probably include a tattoo-sleeved, Taliban-style beard-wearing Freedom Fighter wearing Oakleys, early-gen multi-cams, and riding a horse. Yet, that image is outdated and demonstrates but a snapshot in time. The error we now risk making is to project this archetype onto current and future conflicts.

The GWOT, while still ongoing in the form of counter-VEO missions across the globe, must also make room for Great Power competition. In this space, SOF are not calling for fire against insurgent positions in the mountains of Afghanistan. Rather, they are conducting sensitive, “low-visibility” operations across multiple domains and in low-intensity conflict regions that manifest themselves through multiple mechanisms of state power projection.

What does this mean?

Operating environments are evolving, and SOF must evolve along with these changes. This should include the evolution of certain norms and standards of what traditionally comprises a SOF professional. The target dictates the weapon, and the weapon dictates the tactics. Start with your desired end state and work from there.

In the realm of Great Power competition, it is less critical that an individual can carry a 65-pound rucksack through the West Virginia mountains at night using a map and compass: Rather, it is more critical that they be able to rapidly process vast quantities of complex datasets while performing real-time analysis of the ground truth before them.

Do those traditional methods have their place? Most certainly. The author would not significantly change them given the value of such experience. But do those methods need to be reasonably adjusted in order to increase opportunities for women to fill SOF positions and thereby add unique value to the SOF enterprise? Yes: We cannot afford inaction.

Thanks for listening.

This article originally appeared on SOFREP. Follow @sofrepofficial on Twitter.

Articles

7 sailors killed in Navy ship collision off Japan coast

Seven   sailors who went missing following a collision between their destroyer and a Philippine-flagged cargo ship were found dead on Sunday, the  7th Fleet said in a statement.


The bodies of the missing sailors “were located in the flooded berthing compartments” after rescue workers were able to gain access to areas of the Fitzgerald that were damaged in the collision with the ACX Crystal.

The sailors’ bodies are being transferred to the  Hospital in Yokosuka, Japan, where the  7th Fleet is headquartered, to proceed with the identification process, the statement added.

6 new UCMJ articles that went into effect this year
The Arleigh Burke-class guided-missile destroyer USS Fitzgerald (DDG 62) returns to Fleet Activities (FLEACT) Yokosuka following a collision with a merchant vessel while operating southwest of Yokosuka, Japan. (U.S. Navy photo by Mass Communication Specialist 1st Class Peter Burghart/Released)

The Fitzgerald and ACX Crystal collided on Saturday at 2.30 am local time in Japanese waters.

Two people injured during the incident, including the destroyer’s commander Bryce Benson, were evacuated.

Read More: 5 times severely-damaged ships returned to the fleet

Japanese shipping company Nippon Yusen KK, which charters the Philippine cargo ship, said none of the 20 crew members on board were hurt.

Both ships were severely damaged and had to be towed by the Japanese Coast Guard.

The  destroyer suffered damage on the starboard side, above and below the waterline, which led to the flooding of the berthing compartments, a machinery room and the radio room.

The ship, with around 330 crew members, is an Arleigh Burke-class destroyer, among the largest and most advanced destroyers built by the .

It was deployed at the Yokosuka base, from where it was supporting peace and security missions in the Asia-Pacific.

MIGHTY MILSPOUSE

28 free virtual field trips and activities for families in quarantine

While the world is sorting out the new normal of social distancing, parents everywhere are also trying to do it with full-time jobs, and in many cases, no child care. For the first time in most of our lifetimes, schools have been shut down for extended periods, and no one really knows when it will end. Moms and dads are suddenly finding themselves wearing far too many hats: parent, employee, caregiver and teacher are just naming a few.


Stuck at home with canceled spring break plans, and summer vacations next on the chopping block, things might be looking pretty grim right now. No doubt, parents find themselves constantly looking for ways to entertain their kids 24/7, and with the quarantine well underway, many are at a loss for resources.

With everyone doing their part to curb the spread of Coronavirus, the usual haunts for children’s entertainment are now closed to the public. In their attempt to comply with social distancing directives, museums, zoos and amusement parks the world over have announced temporary closures; when they will reopen is anyone’s guess.

While these places have physically closed their doors, many have realized that the need for children’s entertainment is at an all-time high, and many have stepped up to offer just that. Parents can also find a wealth of resources for educational entertainment through Google Arts Culture, some of which are linked below as well.

While these resources are being shared all over the internet, finding the time to make heads or tails of them is another story.

We know parents, we know. Help is on the way.

Here’s a comprehensive list of some great virtual tours, zoo cams, and STEM activities (and we even threw in some doodling and celebrity readings), and it’s all free!

6 new UCMJ articles that went into effect this year

Science & Exploration

NASA is offering a slew of STEM activities for grades K- 4. Activities range from building foam rockets to solving space station emoji puzzles. Parents can also download coloring sheets and books for younger kids.

https://www.nasa.gov/stem-at-home-for-students-k-4.html

Discovery Education offers free virtual field trips complete with companion guides and hands-on learning activities. For example, kids can explore Polar Bears And The Tundra or take a look behind the scenes of the Johnson Space Center in Houston, Texas

https://www.discoveryeducation.com/learn/tundra-connections/

Take a trip to Mars. Explore the surface of Mars on the Curiosity Rover. The site is in the middle of an update, but the 360 mode offers a great digital view.

https://accessmars.withgoogle.com/

6 new UCMJ articles that went into effect this year

Zoo Cams

Cincinnati Zoo Botanical Garden Every weekday at 3 PM EDT, the Cincinnati Zoo will host a Home Safari Facebook Live that features a different animal each day. For those who don’t have social media, the zoo will post the safaris on both their website and YouTube.

https://www.facebook.com/cincinnatizoo/

Panda Cam Zoo Atlanta Pandas are always fun to watch, quarantine or not, and Zoo Atlanta offers this live stream of the only panda twins in the United States, Ya Lun and Xi Lun.

https://zooatlanta.org/panda-cam/

Monterey Bay Aquarium offers ten live cams where viewers can sneak a peek at the sharks, do a little birdwatching in the aviary, and they can even check the goings-on in the open sea.

https://www.montereybayaquarium.org/animals-and-exhibits/live-web-cams

The San Diego Zoo has ten live cams to choose from, including penguins, tigers, koalas and giraffes. The zoo also has a website exclusively for kids that’s loaded with videos, stories, activities and games.

https://zoo.sandiegozoo.org/live-cams

6 new UCMJ articles that went into effect this year

Historical Sites & Museums

The Smithsonian Museum offers virtual tours of their current and permanent exhibits, and viewers can even take a look at a few of the past exhibits. Users can easily navigate between adjoining rooms of the museum and click on the camera icons for a closer look.

https://naturalhistory.si.edu/visit/virtual-tour

Virtual tours of other world-famous museums:

The Great Wall Of China This virtual tour offers a breathtaking view of the Great Wall Of China, and visitors can even read up a little on its history.

https://www.thechinaguide.com/destination/great-wall-of-china

Virtual tours of other historical sites:

6 new UCMJ articles that went into effect this year

Storytime & Doodling

Josh Gad is even doing his part to help parents deal with life in quarantine. Every night on Twitter, Josh Gad is doing ten-minute storytime. Josh has already read a few children’s classics like The Day the Crayons Quit by Drew Daywalt; The Giving Tree, by Shel Silverstein and Hooray for Diffendoofer Da by Dr. Seuss. And it looks like he plans to do so for the foreseeable future. This one is not to miss, as he puts a little Josh Gad into it with voices and everything!

https://twitter.com/i/broadcasts/1vOxwoPrnYgxBhttps://twitter.com/i/broadcasts/1vOxwoPrnYgxB

How About a Lunch Doodle? Mo Willems, beloved author of Waiting Is Not Easy! and The Pigeon HAS To Go To School! is hosting a Livestream Lunch Doodle. Every day at 1 PM EST, new episodes will be posted on the Mo Willems page on the Kennedy Center’s Website. Additionally, Willem is encouraging kids to send him questions at LUNCHDOODLES@kennedy-center.org, and he will attempt to answer those questions in his videos.

https://www.kennedy-center.org/education/mo-willems/

Pete The Cat creator James Dean presents virtual storytime every day at 12 PM on Instagram Live.

https://www.instagram.com/petethecatofficial/

We all have to do our part to stem the outbreak of Coronavirus, but life in quarantine doesn’t have to be that bad. Every day, new resources are popping up to help us get through it. These virtual tours and online resources have a little something for kids of all ages. What a great opportunity to see the world from the comfort of your own couch!

MIGHTY HISTORY

Why Revolutionary War musicians wore different colored uniforms

We’ve all seen the famous painting, Spirit of ’76. In it, a young Revolutionary War drummer boy is marching alongside two other musicians. The boy is in his Continental Army uniform, looking up to an older drummer who is not in uniform. Another uniformed musician is wounded, but marching and playing the fife.

6 new UCMJ articles that went into effect this year
That is what a ‘game face’ looks like.
(Painting by Archibald Willard)

Today, Civil War veteran Archibald Willard’s 1875 painting still evokes patriotism in many Americans. It was, after all, painted on the eve of the United States’ centennial. Willard was the grandson of one of the Green Mountain Boys who, led by legendary patriot Ethan Allen, invaded Canada and captured Fort Ticonderoga during the Revolution. But there are a few errors in the painting: The scene it depicts never happened, the flag in the background wasn’t approved by Congress until much later, and the musicians are not wearing the right uniforms.

None of that really matters, it’s still a painting that resonates with Americans 100 years later. However, questions remain. What did the musicians wear in the Revolution? And why was it a different uniform from their fellow colonials?

It turns out it was both a tactical decision and an economic one.


In those days, musicians in an army existed to expedite communications on the battlefield. Music was loud enough to be heard over the din of combat and varied enough so that American troops would be able to respond to orders given from battlefield commanders without confusing them for other orders. They could even tell the enemy that the rival commanders wanted a parley. Incredibly (and accurately depicted in the painting), these communications were done by old men and boys who were either too old or too young to fight.

Related: This drummer boy was 12 years old when he became a Civil War hero

6 new UCMJ articles that went into effect this year

(Copyright 2010 by Randy Steele)

Boys that were younger than age 16 and men older than age 50 were enlisted as musicians. At the time, the average life expectancy for an American colonist was around 36 years, so a man older than 50 was both honored for his longevity and hard to find. Finding them on a dirty, smokey battlefield was just as difficult, so the uniforms they wore needed to be slightly more visible. There was also an economic component involved with the decision.

The regular Continental soldier wore a blue coat with red cuffs. Musicians, on the other hand, wore a red coat with blue cuffs. The red made them stand out on a battlefield where visibility was limited. It also made them stand out to the enemy, so if they were discovered, it was immediately clear that the small figure ahead was a musician — unarmed and not a threat (drummers were considered noncombatants). As an added bonus, the inverted uniforms were made from leftover materials in creating soldiers’ garb.

By the time Ohioan Archibald Willard was serving in the Civil War, musicians were wearing the same uniforms as their armed, regular battle buddies. Their purpose on the battlefields and in camp were the same — and Civil War armies still, by and large, used young boys (some as young as age 9) as drummers and buglers, but many also included full bands, with as many as 68 members in some units.

Now Read: Civil War musicians served as battlefield medics

As battlefield communication methods improved, drums soon gave way to the bugle and, eventually, musicians disappeared from the battlefield altogether. Their role has since been replaced by radio and satellite communications, but for the time that musicians served in their battlefield communications role, the boys and men that filled those ranks were some of the bravest who ever marched with an army.

Articles

The 30th woman to attempt Marines’ Infantry Officer Course is dropped

A female Marine officer was dropped from the Marine Corps’ Infantry Officer Course when she failed to complete a ruck march for the second time. The unidentified Marine was the 30th woman to attempt the course. Two male officers dropped out during the same ruck march.


6 new UCMJ articles that went into effect this year
A female Marine goes through infantry training in Germany. (Photo: U.S. Marine Corps by Sgt. Tyler L. Main)

All three officers will move to the Marines Awaiting Training Platoon and will be able to restart training in July, according to Marine Corps spokesman Anton Semelroth.

While this is the 30th female Marine to drop out of training, she will be the first to be allowed to re-attempt the course. Only officers seeking an infantry MOS are allowed to restart the course. Previous female candidates were destined for non-infantry jobs and so were not allowed to repeat.

6 new UCMJ articles that went into effect this year
Marine Corps officers in the Infantry Officer Course. Photo Credit: US Marine Corps

While women have made it through other challenging U.S. courses like the U.S. Army Ranger School and the Marine Corps’ enlisted infantry training, Marine Corps IOC has consistently stopped them. So far, only two women have even made it to the second week of the training.

Secretary of the Navy Ray Mabus maintains that the standards will not be dropped so that women can make it through the course.

“I will never lower standards,” Mabus said.  “Let me repeat that: Standards will not be lowered for any group! Standards may be changed as circumstances in the world change, but they’ll be changed for everybody.”

Articles

Army chief eyeing Glock pistol as service’s next sidearm

6 new UCMJ articles that went into effect this year
A Special Forces soldier fires a Glock 19 pistol at a range during joint training with Hungarian special operations forces. | U.S. Air Force photo by Staff Sgt. Tyler Placie


The U.S. Army‘s chief of staff is searching for alternatives to the multi-year Modular Handgun System effort, to include piggy-backing on Army Special Operations Command’s current pistol contract.

Gen. Mark Milley has used recent public appearances to criticize federal acquisition guidelines that all services must follow when choosing and purchasing weapons and equipment.

During a March 10 speaking engagement at a conference in Washington, D.C., for instance, Milley chastised a bureaucratic acquisition system for making it overly complicated to field equipment in a timely manner, citing the service’s Modular Handgun System, or MHS, effort as a prime example.

The Army launched its long-awaited XM17 MHS competition in late August to replace its Cold-War era, M9 9mm pistol.

Milley criticized the program’s 356-page requirement document and lengthy testing phase slated to cost $17 million for technology that has existed for years.

“The testing itself is two years long on known technology,” Milley told law makers at a March 16 House Armed Services Committee hearing.

“We are not talking about nuclear subs or going to the moon here. We are talking about a pistol.”

But behind the scenes, Milley has moved beyond criticism and taken steps to select a new sidearm for soldiers, including exploring the possibility of bypassing the MHS effort altogether.

Milley recently asked the Army Special Operations Command’s G-8 office, which oversees fielding of equipment, if there is room for the Army to join its pistol contract to buy Glock 19s, according to a source who asked to remain anonymous because he is not authorized to speak to the media.

The compact Model 19 is one of Glock’s most popular handguns. The striker-fired, 9mm pistol features a four- inch barrel and has a standard capacity of 15 rounds, although 17-round magazines are available. The polymer frame features an accessory rail for mounting lights.

New Glock 19s retail for $500-$600 each. USASOC is currently paying a base price of about $320 for each Glock 19, the source said.

With that price, the Army would pay about $91.8 million if the service were to buy 287,000 pistols, the quantity requirement outlined in the MHS effort.

Currently, the MHS program is projected to cost about $350 million, Army officials maintain.

But choosing the Glock 19 would abandon one of the major goals of the MHS effort — to adopt a pistol chambered for a more potent round than the current 9mm. The U.S. military replaced the .45-caliber 1911 pistol with the M9 in 1985 and began using the 9mm NATO round at that time.

Most special operations forces, however, use 9mm pistols and a new Defense Department policy that authorizes “special purpose ammunition” now allows the military to use expanding or hollow-point bullets, experts maintain.

Military.com contacted Milley’s office and USASOC for comment but neither office responded by deadline.

Milley has also asked Defense Secretary Ashton Carter to grant authority to the service chiefs to approve the acquisition of equipment that does not require new technology or research and development, the source said.

“I think it’s absolutely ridiculous that you don’t have the authority to pick a pistol for the Army,” Rep. Austin Scott, a Republican from Georgia, told Milley during last week’s House Armed Service Committee hearing. All of the service chiefs were present.

“I would bet that the four of you in uniform could probably in 10 minutes come up with an agreement on what that platform should be,” he said. “I would think that with a quick click or two on an iPad that you could figure out what the retail price of the pistol was, what a decent price for that pistol was and what we should be paying for that pistol if we were buying it in the quantities that we were buying it in.”

The congressman added, “I want you to know that I do believe that you should have that authority.”

Milley told lawmakers that the “secretary of the Army and I do have the authority to pick the weapon, but that’s at the end of the day; the problem is getting to the end of the day.”

Scott agreed with Milley that the current acquisition system needs simplifying.

“I can’t help but wonder that if it’s this bad with a pistol, what about optics, what about rifles; all of the things we are buying? How much bureaucracy is in there? What we could remove that would allow you to equip your men and women better, faster and with less money?” he said.

Scott encouraged Milley, and the other service chiefs, to come up with “specific language you would like to see in the National Defense Authorization Act that would help you cut through that red tape.”

MIGHTY TRENDING

The GBU-43 MOAB makes its combat debut

Multiple media outlets are reporting that the largest non-nuclear bomb in the United States arsenal has made its combat debut.


According to a report by CNN, the GBU-43 Massive Ordnance Air Blast, also called the Mother of All Bombs, was used to hit a cave and tunnel complex used by the Afghanistan affiliate of the Islamic State of Iraq and Syria in Nangarhar Province, Afghanistan.

6 new UCMJ articles that went into effect this year
The GBU-43 Massive Ordnance Air Blast bomb, or MOAB, moments before it detonates during a test on March 11, 2013. On April 13, 2017, it was used in combat for the first time. (USAF photo)

FoxNews.com reported that the air strike came after a Green Beret was killed fighting the ISIS affiliate in Afghanistan.

Designation-Systems.net notes that the GBU-43 weighs 21,700 pounds – almost 11 tons – which includes 18,700 pounds of high explosive. It has a 40-inch diameter and is 30 feet long. The bomb is often used by the MC-130, a special operations variant of the C-130 Hercules.

6 new UCMJ articles that went into effect this year
A GBU-43/B Massive Ordnance Air Blast weapon on display outside the Air Force Armament Museum, Eglin Air Force Base, Florida. (Photo from Wikimedia Commons)

One DOD official told FoxNews.com, “We kicked it out the back door.”

The GBU-43’s GPS guidance allows it to be dropped from high altitudes from as far as three miles away – out of the reach of some air defenses, and also allowing planes to avoid being caught in the bomb’s blast radius. The London Daily Mail noted that the bomb can leave a crater almost a thousand feet wide.

The GBU-43 replaced the BLU-82 Daisy Cutter, a Vietnam-era bomb that weighed in at 15,000 pounds, and saw action in the Vietnam War, Desert Storm, and Operation Enduring Freedom, with a similar delivery method. Designation-Systems.net notes that the bomb’s explosive was 12,600 pounds of a mixture of ammonium nitrate, polystyrene, and aluminum powder. The last BLU-82 was dropped in 2008.

6 new UCMJ articles that went into effect this year

Here is a video talking about the GBU-43.

https://www.youtube.com/watch?v=RFTQZ48J3kU
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