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Home > Legislature must help Alaska National Guard finish the job of reform, pass HB 126


Matthew Komatsu

April 14, 2016

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It goes without saying that Alaska is a military-friendly state. From the community response to recent proposals to remove several thousand active-duty Army personnel to the frequent rescues performed by the Alaska Air National Guard; Alaskans value the military. The flipside of this, and the part that’s often left unsaid, is that we in the military need the community as much as it needs us.

As a squadron commander in the National Guard, my first priority is executing the mission. “Always Ready, Always There” is the motto, and while simple, it is a profound description of what we do. In Alaska, we are missile defenders, infantry and logisticians; we are lifesavers, sentinels and movers of titanic things. We are the sword and shield of our nation’s Arctic frontier. But as strong as we are, we could be stronger.

In 2014, scandal hit the Alaska National Guard and ultimately resulted in the resignation of the then-adjutant general in addition to several other senior officers. But a subsequent investigation by the National Guard Bureau's Office of Complex Investigations determined, leadership was only part of the issue. The Alaska Code of Military Justice, which governs the legal statuses of Guardsmen, was found archaic to say the least, given it was authored when Alaska was a territory.

As a result, when our subordinates committed offenses, even if we wanted to do something about it, we couldn’t because the Alaska Code of Military Justice did not address the variety of legal statuses associated with Guardsmen. Having spent 12 years on active duty, I was dismayed to learn that in the Guard there was very little I could do to hold airmen accountable, or be held accountable myself for that matter. The common refrain from experienced Guardsmen: administrative separation was the most effective tool for dealing with any offense less than a felony.

The good news is that in the two years since the scandal broke, Guard leaders have worked with legislators to produce House Bill 126, which is now scheduled for hearing in the Senate this week. It implements the investigation recommendations in addition to follow-through inputs from teams of Alaska Army and Air National Guardsmen to include sexual assault and drunk driving as offenses punishable under an updated Alaska Code. Perhaps most critically, part-time and full-time Guardsmen could be held accountable by their commanders for offenses committed both on- and off-duty. This would effectively close the current legal loophole that occurs when a part-time Guardsman commits an offense upon his or her return to a civilian status.

The Alaska National Guard senior leadership team is as strong as it has ever been. A diverse team of right-minded leaders under clear direction from the Adjutant General Brig. Gen. Laurel J. Hummel has done what’s necessary to ensure we have a leadership climate that prevents what happened from occurring again. But they’ve done as much as they can. It’s time to pass HB 126 and support what the Guard military team needs to be a more effective force in service to this great state.

Matthew Komatsu is a veteran Alaska Air National Guardsman and writer. His opinions do not represent official policy or position.

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