Legislature(2015 - 2016)CAPITOL 120
01/27/2015 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Overview(s): Department of Military and Veterans Affairs | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
January 27, 2015
1:05 p.m.
MEMBERS PRESENT
Representative Bob Herron, Chair
Representative Jim Colver
Representative Gabrielle LeDoux
Representative Bob Lynn
Representative Max Gruenberg
Representative Chris Tuck
MEMBERS ABSENT
Representative Shelley Hughes
COMMITTEE CALENDAR
OVERVIEW(S): DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
BRIGADIER GENERAL LEON M. "MIKE" BRIDGES
Acting Adjutant General/Commissioner
Department of Military and Veterans Affairs
Joint Base Elmendorf-Richardson, Alaska
POSITION STATEMENT: As acting Adjutant General/Commissioner,
presented an overview of the Department of Military and Veterans
Affairs.
MIKE O'HARE, Acting Deputy Commissioner
Office of the Commissioner/Adjutant General
Department of Military & Veterans Affairs
Joint Base Elmendorf-Richardson, Alaska
POSITION STATEMENT: As acting Deputy Commissioner, participated
in the overview of the Department of Military & Veterans
Affairs.
ACTION NARRATIVE
1:05:24 PM
CHAIR BOB HERRON called the House Special Committee on Military
and Veterans' Affairs meeting to order at 1:05 p.m.
Representatives LeDoux, Tuck, Lynn, Gruenberg, and Herron were
present at the call to order. Representative Colver arrived as
the meeting was in progress.
^OVERVIEW(S): DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
OVERVIEW(S): DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
1:06:22 PM
CHAIR HERRON announced that the only order of business would be
an overview of the Department of Military and Veterans Affairs.
1:06:09 PM
BRIGADIER GENERAL LEON M. "MIKE" BRIDGES, Acting Adjutant
General/Commissioner, Department of Military and Veterans
Affairs (DMVA), introduced a PowerPoint presentation entitled,
"Department of Military and Veterans Affairs" and dated January,
2014 [sic]. Brigadier General Bridges noted his presentation
would be an in-depth combination of slides and descriptions of
the critical mission components of DMVA, which are the uniformed
and civilian divisions. He informed the committee DMVA consists
of nearly 4,300 personnel, the majority of which are the
uniformed components of the Alaska Army National Guard (Guard),
the Air National Guard (Guard), a small militia, and the Alaska
State Defense Force. The militia is composed of volunteers and
is available for use by the governor for homeland emergency
response preparation and response to emergencies. He turned to
the dual mission of the National Guard, noting the majority of
its funding is from the federal government and the U.S.
Department of Defense (DOD). Topics included in the
presentation include: the Division of Homeland Security &
Emergency Management (DHS&EM), the Alaska Military Youth
Academy, and the Office of Veteran Affairs; and at the request
of the governor, the Alaska Aerospace Corporation will provide a
separate overview at a later date. The DMVA Organization Chart
depicted its top level consisting of the Commissioner/Adjutant
General, Deputy Commissioner, and the U.S. Property & Fiscal
Officer, who is the agent that ensures the state uses federal
funds correctly [slide 3]. Primary components of DMVA are:
Alaska Army National Guard, composed of 1,900 soldiers; Alaska
Air National Guard, composed of 2,100 airman; Homeland Security
& Emergency Management, a civilian division to train communities
in disaster preparedness; Alaska Military Youth Academy, which
is not a statutory component of DMVA, but is a 20-year-old
military-based training program established by Congress to re-
direct high school students to obtain a high school diploma or
general equivalency diploma (GED); and a Veterans Affairs office
working to connect veterans with federal veterans' programs and
benefits, and continuing to register Alaska veterans. Brigadier
General Bridges returned to the dual mission of the National
Guard, and explained that the federal mission of the Army and
Air National Guard is to prepare and fight wars. Missions are
resourced and directed primarily by federal agencies; however,
when not mobilized under federal orders, the governor is the
commander-in-chief. This dual responsibility provides the
governor with a military first-response force for homeland
emergency response, preparation, or other allowed activities.
He presented an illustration of the state and federal
relationships under the President and governors [slide 5].
National Guard members swear simultaneous oaths to both the
national and the state constitutions. States, territories, and
the District of Columbia have an adjutant general to serve as
the commander of the Guard. He advised that without the
hometown National Guard, "The federal military forces would be
very separated from its citizens that it's there to protect."
The National Guard is a link because it is military and also a
hometown response force for states and communities. The
National Guard has been deployed in military missions across the
world since [the terrorist attacks of September 11, 2001]; in
fact, the Guard has been serving in direct conflicts for over 13
years. There are new enlistments ready to deploy and
approximately 50 percent of the members in the Alaska National
Guard have active duty experience. He provided a list of
several domestic operations and noted that some governors use
the Guard's uniform presence to calm the population in an event
[slide 8]. In Alaska, orders go first to local services, then
to regional, state, and federal agencies when needed, although
local leaders remain in charge. The National Guard is also the
conduit to federal Title 10 U.S. Code military resources such as
the Federal Emergency Management Agency (FEMA) and other federal
programs in times of emergency response.
1:16:40 PM
BRIGADIER GENERAL BRIDGES turned to the two wings of the Alaska
Air National Guard [slide 9]. The 168th Air Refueling Wing
(ARW), based at Eielson Air Force Base near North Pole, and with
a unit at Clear Air Force Station, is the Pacific theatre
commander's primary air-refueling capability located at Eielson
Air Force Base. Personnel at Clear and one-half of the
personnel at the 168th ARW are full-time National Guard members.
The 176th Wing (WG), the most complex and biggest National Guard
air wing in the nation, is based with C-17 aircraft, C-130
aircraft, the Rescue Coordination Center, HC-130 rescue
helicopters, and the Air Defense Squadron, which defends the
nation's airspace sovereignty of North America. Alaska Air
National Guard members typically deploy from thirty days to six
or nine months, and sometimes multiple times within one or two
years. The deployment includes aircraft, and members report to
a mission theatre somewhere in the world. The following is a
list of operations deployed in support of overseas contingency
operations [slide 10]:
· ADS: 24/7 Mission for Air Sovereignty - the air defense
mission
· Rescue Forces: 24/7 Alert for 11 AF & CSAR - currently
deployed
· KC-135: Alert for NORAD and 11 AF
· Clear AFS: 24/7 - mission for national strategic security
· C-17: Associate fully integrated with USAF - USAF cargo
jets that will be retired soon will be replaced with the C-
17 fleet
· State emergency response asset
1:20:29 PM
BRIGADIER GENERAL BRIDGES presented the major units of the
Alaska Army National Guard, consisting of approximately 1,900
members, and Joint Forces Headquarters, consisting of the
command group and primary senior staff of 100 [slide 11]. He
advised that the 297th Battlefield Surveillance Brigade has been
terminated by the Army chief of staff which means a loss of 760
in manpower and some equipment stationed in Alaska. Resistance
to this loss has been offered to the Army and the National Guard
Bureau (NGB), and there is an effort to offset the loss through
a dual-capable structure with the Army. At this time, the
cavalry squadron would be replaced with a light infantry
battalion, which would be a disadvantage for Alaska in that
there would be less equipment for use by the homeland security
mission. Within the 38th Troop Command are:
· Black Hawk helicopter aviation battalion
· Military Police (MP) battalion, which is being downsized
to a company without local headquarters
· Civil Support Team, which is currently deployed in Guam
· Training Regiment, which is the officer and enlisted
training academy
· 49th Ground-based Missile Defense Battalion at Fort
Greely, which is part of the national security strategy
BRIGADIER GENERAL BRIDGES pointed out that Fort Greely is due
for major upgrades of its missile systems and related
infrastructure, and growth is expected in its national mission.
He noted that the big unit deployments are gone; in fact, the
only deployments are two Army Guardsmen in Afghanistan and the
Mongolian partnership unit. However, U. S. Army Pacific
Command (PACOM) and others in the Lower 48 and Europe are
asking Alaska's units to participate in training rotations, and
these exercise activities will offset the lack of combat and
equivalent deployments. The Guard continues to provide the
governor with ground resources and helicopter capabilities
during local emergencies; for example, firefighting last summer
- supplying Black Hawk helicopters and pilots to local
responders - was the most recent large ground emergency. Also,
Alaska National Guard forces are nested in PACOM to provide
additional resources to the Army, Marine Forces, Pacific Fleet,
and Pacific Air Forces in the Pacific Rim and Korea. At this
time, the Battlefield Surveillance Brigade partnership with
First Corps continues. Turning to the civilian side of DMVA,
he said DHS&EM is the civilian team that prepares local
communities and statewide emergency responders to respond to a
catastrophic disaster [slide 13]. Included in this mission
are infrastructure evaluations and replacement equipment.
Other agencies, such as the Red Cross, are organized and
managed by DHS&EM, and he mentioned ongoing training and
relationships in this regard. Also, local community planning
committees link into the state emergency response commission
for a coordinated civilian response: the Alaska Partnership
for Infrastructure Protection (APIP) relates to critical
infrastructure that supports life, economic activity, public
safety, and public health, and how to assess and mitigate
potential damage to power plants, docks, water systems and
other critical systems. The Guard has been a participant in
exercises to prepare for disruptions to critical
infrastructure. He related his experience in 2012 providing
support to Cordova during a snow emergency. The 50th
anniversary of the 1964 Alaska earthquake was commemorated with
an exercise to replicate a massive earthquake and tsunami;
there were 10,000 people involved, including many military and
naval components, FEMA, and civilian agencies. The exercise
reopened airports, established fuel supplies, replicated a
field hospital with mass casualties, and other services. A
future exercise in 2016 will stage a cyberattack.
1:29:47 PM
BRIGADIER GENERAL BRIDGES turned to the Alaska Military Youth
Academy, noting its 20th anniversary. The academy has graduated
nearly 4,500 cadets. The academy accepts 16- to 18-year-olds
who have left high school and he described the educational and
physical activities of the youth academy. Cadets are also
required to complete an extensive public service component.
There are two classes per year with the goal of graduating 144
cadets Veteran Affairs per course [slides 16-17]. Regarding
the Office of, he said a small staff works to attend to the
needs of 77,000 veterans in Alaska to ensure they are registered
with the federal office and receive their earned benefits. The
outreach program is locating many Vietnam-era veterans in rural
areas who need services. The office received a three-year
$750,000 transportation grant to enable veterans who live on the
road system to travel for care on a regular basis. He commended
the staff of the Office of Veterans Affairs.
1:33:33 PM
BRIGADIER GENERAL BRIDGES addressed the National Guard Bureau
(NGB) Office of Complex Investigations (OCI) report on sexual
assault [slide 21]. He remarked:
This is the stuff that's been in the media the last
several months - it has shaken us to our core. A
handful of folks joined our ranks while we were
deploying. They came to us from active duty ... and a
few of them proved that they're predators. And over
time, some folks who could [have] and should [have]
done something about that did not do so sufficiently,
and some of our folks paid a dear price for that.
This is what we call an insider attack, this is not
just unique to the Alaska National Guard, it's a [U.S.
Department of Defense]-wide issue.
BRIGADIER GENERAL BRIDGES continued to explain that prior to
three years ago DOD training for sexual assault prevention and
response was a briefing once per year. There was no method for
in-depth training of forces or education on how to prevent,
intervene, and respond to a sexual assault of any kind. He
compared DOD's definition of sexual assault to that of civilian
law enforcement, and opined the difference led to confusion for
many. The Alaska National Guard now has a very strong,
competent, and well-regarded sexual assault response
coordination office, prevention program, training program, and
victim advocate program, and capabilities with other agencies in
Alaska to respond to sexual assaults, including direct
coordination with law enforcement. Previously, this was
informal and coincidental. Because of the education and
training of the last two years there are now people in the
Guard, or other service components in Alaska, coming to the team
and asking for help due to prior sexual assaults. He pointed
out that people are now willing to trust the Guard program to
help with their recovery. Turning to other areas of concern in
the report - command climate, lack of transparency in
promotions, reprisal - he said over the last several months the
Guard has received assistance from experts of the NGB and other
states on topics such as equal opportunity for employment. The
Guard's human resources office has never had an established
equal employment opportunity program; however, the office now
has a full-time equal employment manager and a deputy, and has
trained 40 equal employment advisors, or liaisons, within its
ranks over the last three months. The ongoing education and
training of each member of the Guard includes training for
civilian employees against "frat house shenanigans ... it's
inappropriate in the workplace. It can be bullying, hazing,
sexual harassment - it matters not. It's still an insider
attack and it's wrong." Full-time staffing resources have
changed to trained and vetted professionals to ensure they
belong in their positions. In the past, employees have not had
the education or demeanor to be an equal employment advisor or
liaison, or a sexual assault victim advocate. Further indicated
in the OCI report was the potential for fraud. Last month, a
brief was received from a special assessment office in internal
review and audit at NGB related to Alaska National Guard federal
funds for facilities maintenance and management, and the state
facilities management division. Federal funds are the primary
source for the Guard's facility maintenance and construction
funds. In the past, state employees working as contractors have
taken charge of the use of federal funds in contradiction to the
guidance rules on restrictions for the use of federal funds. As
a result of the audit, there is now openness and a coordination
between NGB and the state budget team.
1:40:31 PM
BRIGADIER GENERAL BRIDGES turned to the finding of command
climate and stated the following simple open-door policy: Any
member of the department can approach senior leadership, without
fear of reprisal or retribution, to report wrongdoing. It was
determined that the existing military format open-door policy
was "a non-starter in the current era of communications, and
people just didn't want to use it because it said you must go to
your chain of command first." Research led to a new open-door
policy which is now in use at DMVA and which means one can go
straight to the top to be heard, and one is protected from
reprisals by supervisors. Brigadier General Bridges stated that
the aforementioned were the key parts of the OCI findings and
recommendations. He assured the committee assistance was
received by experts to assess and create programs for the Alaska
National Guard. Junior members were included in advisory teams
that were formed from the Army Guard, the Air Guard, retirees,
and civilians, representing every section of DMVA. There are
six primary areas of concern identified by the OCI report:
sexual assault; equal opportunity; coordination with law
enforcement; command climate; application of military justice;
fraud [slide 24]. He addressed the application of military
justice and advised that the discipline of one in the Guard
follows the federal path of the Army regulations on personnel
discipline, and the Air Force instruction on personnel
discipline, which are complex but effective. If a Guardsman is
suspected of committing a crime, the case would be referred to
civil law enforcement at the local and state level, and on a
federal military installation cases can be referred to the
Criminal Investigation Division (CID) of the Federal Bureau of
Investigation (FBI). This is because the Guard does not have
the tools to prosecute in Alaska; in fact, there is only a
territorial military code written in 1955 that has "no teeth."
He described the military codes used by the National Guard in
Washington and Oregon. Brigadier General Bridges advised the
Alaska military code has never been implemented, and urged that
the state develop a code and the capacity to prosecute by the
military militia under state government. He remarked:
Even with calling the cops, and having a [district
attorney] pursue a potential prosecution, because it's
a federal uniformed military member, we're going to do
a parallel action, with the Army regulation or the Air
Force instruction, to penalize a miscreant on the
military side. And that can be as little as a letter
of concern, all the way to the most extreme, which is
an other than honorable discharge - dishonorable
discharge if it was a federal Title 10 member. ...
That's what we're doing with a lot of these folks who
have made the media recently and have been part of the
recent chaos .... ... These cases are as difficult
to prosecute via that as they are through civil court
or through a state [Uniform Code of Military Justice],
they cannot be talked about in the open because
they're personnel administrative actions, they're
protected by the federal privacy act and so forth.
BRIGADIER GENERAL BRIDGES stressed that other than honorable
(OTH) discharges cannot legally be revealed. Another action
taken by the Guard for the first time is the establishment of a
provost marshal's office to coordinate with local and state law
enforcement; memorandums of agreement with local and state law
enforcement, and the Department of Law (DOL), will be developed
to direct how crimes that have been committed by members of the
Guard will be handled. He referred to a current situation in
Kake that involved a Guardsman at work in his civilian capacity.
1:49:06 PM
BRIGADIER GENERAL BRIDGES displayed a timeline that concluded
with a feedback assessment from Alaska National Guard troops
[slide 25]. He said his command philosophy is as follows: The
Alaska National Guard is a premier force; driven by core values;
empowered by trust, dignity, respect; ready and relevant for
service to the state and the nation.
1:50:06 PM
CHAIR HERRON recalled that representatives of DOD will hold
"listening sessions" on 2/23-24/15. He acknowledged that the
Alaska Army National Guard is preparing for troop reductions,
and asked whether the communities of Anchorage and Fairbanks
should take the opportunity to demonstrate at these listening
sessions how both communities benefit from the presence of the
Army.
BRIGADIER GENERAL BRIDGES said absolutely. He cautioned that a
loss of a brigade combat team in either Fairbanks or Anchorage
would result in economic impact, the loss of emergency
responders, and a loss of training with active duty partners; in
fact, the partnership between the active military and the Guard
in Alaska "has never been better." The organizations now work
and train together to support long-range missions. If one of
the brigades is transferred, the impact is not just to 5,300
soldiers but to their families, schools, and business
communities. There would also be cuts to the civilian
employment force on the base. In addition, many members of the
military stay in Alaska after their tour of duty. In further
response to Chair Herron, he confirmed that DOD has ordered the
Guard to prepare for possible reductions in troops.
1:53:57 PM
MIKE O'HARE, Acting Deputy Commissioner, Office of the
Commissioner/Adjutant General, DMVA, informed the committee it
is important for Anchorage and Fairbanks to promote the concept
that it is good for the Army to stay in Alaska by pointing out
reasons, such as the training facilities at the Joint Pacific
Alaska Range Complex (JPARC), winter maneuvers, the only Arctic
area of operations in the U.S., support from the National Guard,
and its close partnerships with many agencies in Alaska.
CHAIR HERRON questioned whether frequent deployments that can
lead to fatigue continue to be a concern.
BRIGADIER GENERAL BRIDGES explained that there are no mandatory
or directed deployments for units or individuals. During the
years after 2005 - across DOD - the strength of the military
grew along with increased training money and bonuses for
overseas combat; at this point the Alaska Army National Guard is
at over 100 percent strength. As deployments and bonuses have
been lost, overseas exercise rotations have been offered.
Regarding fatigue, he said a few aviation units were deployed
three to four times, but no one person - unless they volunteered
- has gone on more than two deployments over the last thirteen
years. He estimated one hundred members have three and four
deployments due to the good paycheck, the combat experience, and
the adrenalin rush.
REPRESENTATIVE LEDOUX expressed her interest in working with
DMVA to rewrite the military code to make it into a better and
more workable document.
BRIGADIER GENERAL BRIDGES said he would be available over the
next several weeks. He advised that senior legal advisors from
NGB, and legal teams from California and Arizona, have presented
the best recommended model uniform code, which must be adjusted
for Alaska in coordination with the governor's office and the
legislature.
1:59:14 PM
REPRESENTATIVE LEDOUX recalled that the Guard wants the ability
to prosecute. She questioned whether this ability would have
made a difference in prosecuting "bad actors at the top."
BRIGADIER GENERAL BRIDGES said prosecution and administrative
discipline are different; however, if victims or witnesses are
afraid to come forward there is nothing to prosecute. A case
must be sufficient to go to a grand jury, and in the past people
were unwilling to provide proof of an incident or event. There
is no difference whether under a state military code or under
law enforcement. A state military code or disciplinary
regulation is helpful because the violation can be of the
military good order and discipline of a militia member. If a
crime is committed that is prosecutable under civil law, "That's
where it should go," he said. When a member breaks the rules,
the uniform military code and the federal military disciplinary
regulations will appropriately discipline in addition to, or
along, with civil penalties.
REPRESENTATIVE LEDOUX surmised that in the case of a rape, the
Guard does not want to prosecute.
BRIGADIER GENERAL BRIDGES responded that the Guard wants the
civil authorities to prosecute, and sufficient power in the
military regulations and in a state military code to ensure that
an offender's military career is affected. In further response
to Representative LeDoux, he described an example of a violation
of good order and discipline. There is not a code in the Guard
in Alaska to deal with the aforementioned violation.
BRIGADIER GENERAL BRIDGES, in response to Representative Tuck,
said previous to his current position as the Acting
Commissioner/Adjutant General, he was the Army National Guard
Commander.
2:04:10 PM
REPRESENTATIVE TUCK asked for clarification of Brigadier General
Bridges' remarks about "insider attacks, predators from
outside."
BRIGADIER GENERAL BRIDGES said he was primarily referring to
recruiters who "interservice transferred" from active duty into
the Guard during the peak of the Alaska National Guard's
deployments. He said, "They joined our recruiting team and they
set up shop and became predators." He restated that they came
from the same unit of an active duty brigade.
REPRESENTATIVE TUCK questioned why there are no regulations
written and an outside investigation into DMVA is needed.
BRIGADIER GENERAL BRIDGES remarked:
Again, the three-legged part of this: the regs, the
Army regulations for personnel discipline, personnel
actions, is one tool that's always been there. It's
difficult and hard work, and a lot of people just
didn't bother to take the time to use that for the
control within the regulatory process of good order
discipline. You have to do the whole thing. You
still have to do the investigatory process, then you
have to apply the level of discipline based on the
offense. And again, it can come, start, at a verbal
warning to a letter of concern, all the way up to that
ultimate - as I mentioned - other than honorable
discharge. Our state has only ever had one full-time
staff judge advocate officer for 20 years. That
person was the first person I relieved back in
September, from duties, for doing a poor job advising
and supporting those disciplinary actions.
REPRESENTATIVE TUCK pointed out that Alaska National Guard
members are state employees and opined this is a personnel
management issue, in addition to the lack of the application of
the military code of justice. Referring to the OCI report, he
urged for a committee meeting to discuss the elements of the
report and its recommendations. Representative Tuck encouraged
others to read the report, and surmised that equal opportunity
in employment is a cultural problem that goes back years.
2:08:18 PM
CHAIR HERRON agreed that this is an important issue that will be
addressed by the legislature. In the House, three committees,
the House Special Committee on Military and Veterans' Affairs,
the House State Affairs Standing Committee, and the House
Judiciary Standing Committee will conduct reviews in the
appropriate venues. In further response to Representative Tuck,
he said he would consider convening a meeting to discuss the OCI
report after consulting with the other committee chairs.
MR. O'HARE suggested looking at a report on the OCI report, and
also looking at a report on the progress of the recommendations.
REPRESENTATIVE TUCK expressed concern about the Guard's new
position of provost marshal because that position is still
within the ranks of the Guard. Legislators want to ensure that
people have the opportunity to freely come forward, and he
warned that "our investigations have been botched ... even with
civilian police forces, because there has just been too much
interaction." He said, " ... and I will tell you that cops
probably don't like to investigate National Guardsmen either."
Representative Tuck opined there has been collusion.
CHAIR HERRON cautioned Representative Tuck's comments.
BRIGADIER GENERAL BRIDGES said he was prepared to discuss with
the committee and other legislators corrective actions that have
occurred. He said he would show the committee that transitions
of key areas of concern have been set up in the open so people
can see how changes and corrections have been effected. In
addition, he offered to provide witnesses to answer legislators'
questions this week.
2:11:32 PM
REPRESENTATIVE GRUENBERG agreed that this is a major issue on
which the three aforementioned committees can work together. He
recalled the initial introduction of the House Special Committee
on Military and Veterans' Affairs to the National Guard, and
observed that the committee has addressed emergency preparedness
and veteran's issues. He suggested that the committee look at
the organization of DMVA and raised the question as to whether
the Office of Veterans Affairs may not have sufficient
facilities to serve senior veterans. Other upcoming issues are
the aging population in general, the downsizing of military
bases, and the need for naval facilities in the Arctic.
2:16:39 PM
REPRESENTATIVE LYNN noted that the governor has appointed a
special investigator and asked whether there is an estimated
date for the completion of her investigation.
BRIGADIER GENERAL BRIDGES said he has been in contact with the
special investigator and his understanding is that an initial
report will be issued in April.
REPRESENTATIVE LYNN was supportive of the appointment of a
special investigator to determine the facts; however, he
expressed his concern about how the legislature can "get ahead
of the train" and make new policy or legislation without access
to all of the facts.
BRIGADIER GENERAL BRIDGES pointed out that the OCI assessment
and its recommendations are available to each committee. He
suggested that the chair of each committee meet with the
governor about sharing the special investigator's progress
reports. As acting commissioner, he will be providing
information to the special investigator at the direction of the
governor.
MR. O'HARE said his job as acting deputy commissioner - along
with the acting commissioner - is to provide continuity in the
department, and to make sure that the recommendations of the OCI
investigation "are being moved forward." The governor's special
investigation will determine the history and the acting
commissioner and he will continue with the OCI investigation's
recommendations for improvement and to rebuild "a good team."
CHAIR HERRON cautioned that the legislature does not want to
injure the investigation, or reinjure the victims, and thus
should not rush but fix the problem correctly.
REPRESENTATIVE LYNN agreed.
BRIGADIER GENERAL BRIDGES stressed that because sexual assault
was "a DOD-wide thing," the NGB provided assessment teams to
review sexual assault-specific and equal employment opportunity
(EEO) related concerns and Alaska was the third state to receive
an assessment. The assessments make recommendations; the
assessment was requested by former Governor Parnell, who
presented the assessment to the community. After the transition
to a new administration, Governor Walker was briefed in December
by OCI and a NGB vice-chief. The briefing noted changes that
have been made in Alaska and that a change in command climate
will take longer. Within the Alaska National Guard, functional
development and improvement teams are in place.
REPRESENTATIVE LYNN said there are several investigating groups.
2:23:53 PM
BRIGADIER GENERAL BRIDGES said, "That's just it, we have been
investigated infinitum over the last year, and the facts are the
facts, they're not really going to change, they'll evolve as we,
as we deal with disciplinary things or corrective actions and
processes." In further response to Representative Lynn, he
stated that the special investigator will look at law
enforcement as a program area of concern, in fact, he has
introduced her to the provost marshal team, and the investigator
will look at the linkages and agreements with law enforcement,
from DOL to the local level.
REPRESENTATIVE LYNN restated his concern about intelligent
legislation without all of the facts.
BRIGADIER GENERAL BRIDGES suggested that the state will be
moving from the territorial code to "something of use for the
21st century for the Alaska National Guard and DMVA." There are
great models to use and turn into proper legislation.
MR. O'HARE offered to work with the committee and has offered
the investigator resources from the department in order to
complete a thorough investigation and improve DMVA.
REPRESENTATIVE LEDOUX asked whether the special investigator has
subpoena power.
MR. O'HARE said the special investigator is working directly
with the attorney general's office, which has subpoena power.
He offered to provide an answer to the committee.
REPRESENTATIVE LEDOUX then asked if, under military law or
National Guard law, there is an obligation to report wrongdoing.
She recalled a cheating scandal at the U.S. Air Force Academy.
BRIGADIER GENERAL BRIDGES offered the code of the federal
academies: I will not lie, cheat, or steal, nor tolerate those
who do. This is the same code as the federal officer candidate
school and is an oath that every service member takes. In
addition, as part of the recovery program, he has directed a
policy memo that requires a member to self-report violations of
law. In further response to Representative LeDoux, he said this
also applies to reporting on others; however, action is always
up to the individual.
REPRESENTATIVE LEDOUX surmised that, other than at the military
academies, military law does not require [reporting].
BRIGADIER GENERAL BRIDGES said it is inherent that the military
oath of service cannot force one to speak.
2:29:31 PM
REPRESENTATIVE LEDOUX remarked,
But if you find out that somebody knew, and did not
report, then that is ....
BRIGADIER GENERAL BRIDGES responded,
Then using the military good order and discipline
regulations and guidance, and potentially a uniform
code of military justice, we might be able to penalize
that person, or discipline that person for 'failure to
act' I think is the term.
REPRESENTATIVE LEDOUX continued,
Would you be able to do that retroactively? So,
suppose we amended this, this military code and
suppose we find out through the investigation that
there were a number of - and it would probably be of
the officer corps as opposed to the, the enlisted
people - that there were a number of people who knew
what was going on and didn't say anything. Would we
be able to do anything?
BRIGADIER GENERAL BRIDGES said he did not know.
2:30:02 PM
REPRESENTATIVE COLVER agreed with letting the special
investigator prepare a report and, based on its recommendations,
during interim the committee would respond with options for next
session. As the Representative for Fort Greely, he recognized
the importance of the Alaska Army Guard and the 49th Ground
Missile Defense Battalion, and suggested that the committee tour
the missile expansion.
CHAIR HERRON said a tour is an excellent idea.
REPRESENTATIVE TUCK commended the OCI report and its
recommendations, and said he was glad the National Guard is not
waiting for another investigation before taking action. He
opined the special investigation will look at violations of law
more than the facts, and opposed waiting for interim.
Representative Tuck told a story about changing culture.
CHAIR HERRON expressed his belief that Brigadier General Bridges
is going in the right direction.
2:34:35 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 2:34 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| House MVA 1.27.15 - DMVA Overview.pdf |
HMLV 1/27/2015 1:00:00 PM |
|
| NGB Review of Assessment of AKNG.pdf |
HMLV 1/27/2015 1:00:00 PM |
|
| Key messages 15 Dec 14.pdf |
HMLV 1/27/2015 1:00:00 PM |