Fort Lee Traveller | Jan. 10, 2019 by The Progress-Index

HIV-Positive

Soldiers share details about the unexpected diagnosis that toppled their home, work lives SEE paGeS 8 & 9

Fort Lee

SERVING THE COMMUNITY OF FORT LEE, VIRGINIA, SINCE 1941

January 10, 2019 | Vol. 79, No. 2

Talent Airmen acquire array of skills at squadron’s specialty school

SEE pAGE 6

NEW MANUAL MODERNIZES MILITARY LEGAL SYSTEM Updated UCMJ guidelines, effective Jan. 1, broaden the definitions of legal infractions, adjust maximum penalties, and introduce cyber-crime violations

ACTIVE LIFESTYLE, NUTRITION, SLEEP ‘Pillars’ of Performance Triad seen as essential elements to achieving, maintaining good health

SEE paGe 3

SEE paGe 2

MLK OBSERVANCE SET FOR JAN. 17 Annual gathering at Lee Theater to feature music, remarks by retired USAF Capt. Howard Baugh Jr. SEE paGe 4

PARTNERSHIP MISSION IN PERU CASCOM staffers team up with Army South for logistics modernization advisory assignment SEE paGe 5

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January 10, 2019

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commanD sPotlight | pErForMANCE triAD

APHC model provides framework for healthy lifestyle habits in 2019

US Army Information Graphic

Commanding General ................... Maj. Gen. Rodney D. Fogg Garrison Commander ....................... Col. Hollie J. Martin Public Affairs Officer ............................. Stephen J. Baker Command Information/Managing Editor ...Patrick Buffett Senior Writer/Special Assignments .......... T. Anthony Bell Production/News Assistant Editor .................. Amy Perry Production Assistant............................... Ray Kozakewicz To reach the Traveller Staff, call (804) 734-7147.

The Fort Lee Traveller is an authorized publication for members of the DOD, printed by Gatehouse Media Virginia Holdings, Inc., a private firm in no way connected with the U.S. Government, under exclusive written contract with U.S. Army Garrison, Fort Lee, Virginia. Contents of the Fort Lee Traveller are not necessarily the official views of, or endorsed by, the U.S. Government or the Department of the Army. The editorial content of this publication is the responsibility of the U.S. Army Garrison, Fort Lee Public Affairs Office. The appearance of advertising in this publication, including inserts or supplements, does not constitute endorsement of the products or services advertised by the U.S. Army or Gatehouse Media Virginia Holdings, Inc. Everything advertised in this publication will be made available for purchase, use, or patronage without regard to race, color, religion, sex, national origin, age, marital status, physical handicap, political affiliation, or any other non-merit factor of the purchaser, user, or patron. If a violation or rejection of this equal opportunity policy by an advertiser is confirmed, the publisher will refuse to print advertising from that source until the violation has been corrected.

SEE performance triad, page 12

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Fort Lee

a good resource for those needing tips on achieving optimal rest periods. Physical activity is crucial to ensuring military members are able to perform the duties and responsibilities of their jobs. Outof-shape and low-energy Soldiers cannot be effective war-fighters. Service leaders have been adamant about the enforcement of higher

the

unhealthy or irregular eating habits, elevated stress from work or family life, interference by television and other electronic gadgets, and disruptive conditions like snoring and sleep apnea. The Army Wellness Center at Fort Lee provides additional information in this area through its healthy sleep habits class. It is

The Army Surgeon General’s Performance Triad provides a framework for the military community to balance and sustain health through three main focus areas – physical activity, nutrition and sleep. The triad targets these daily living components because they interact to influence performance and decrease the likelihood of illness, injury or disease. Those who want to sustain their self-care in 2019 should focus on the “pillars” of the triad and use the resources at Fort Lee to supplement their wellness practices. Optimal sleep is critical to mission success. In training and on the battlefield, inadequate sleep impairs essential abilities such as reaction times, focus on proper procedures and safety measures, ability to detect and engage the enemy, and effective squad tactic coordination. When interviewed about the relationship between sleep and mission readiness, Soldiers and military leaders consistently connected inadequate rest with accidents, poor morale and impaired judgment. However, despite the potential for mission degradation, a culture of suboptimal sleep and a perception that it’s “the Army way” prevails in the force. In the civilian sector, many factors get in the way of achieving adequate sleep such as

fitness standards across the force. In studies about the military lifestyle, health experts have identified anomalies that hinder overall wellness. While Soldiers are generally more physically active than civilians, they are frequently at risk for overtraining injuries that result in temporary profiles or longer term disabilities. A common malady is strains and tears related to improper warm-ups, overexcursion, or a combination of both. Another concern is what troops do during non-physical training hours. While most Soldiers are required to participate in a one-ortwo-hour morning PT session each weekday, the remainder of their work and at-home lives may be mostly sedentary. The Performance Triad encourages a more comprehensive atmosphere of fitness and wellness activities. Simple steps like going out for walks during the work day; engaging in stretching, strength training or yoga with family, friends and/or significant others; and playing sports are just some of the things the military family can do to improve its resiliency and strength. Making it a social activity also increases the likelihood of sticking with it and the shared exploring of other factors that result in health benefits. Community resources associated with the physical fitness and activity pillar of the triad include Kenner’s Preventive Medicine/Health Promotion office, the Wellness Center and Family and MWR’s physical conditioning experts at the Fort Lee fitness facilities. Eating or fueling for performance improves

Amy Perry Airman 1st Class Luke Baechtle, a student in the Services Air Force Specialty Code course at Fort Lee, prepares hamburgers on the grill for a final-evaluation meal recently. The month-long course is one of the programs of instruction overseen by the 345th Training Squadron here. For more, see Page 6.

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Changes to UCMJ in effect as of Jan. 1 Gary Sheftick Army News Service

FORT MEADE, Md. -- 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. 2 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 diyrective Dec. 20 that clarifies definitions for s sdozens of offenses taking effect this week. l “We’ve really needed that much time,” sRoot said, from 2017 to now, in order to train n all members of the Army Judge Advocate

U.S. Army illustration

The most sweeping changes to the Uniform Code of Military Justice since it was enacted in 1950 took effect Jan. 1. One of the changes standardizes panels for court martial proceedings.

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. 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 $1,000. If the theft is under $1,000 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. 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

SEE UCMJ Changes, page 15

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January 10, 2019

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Clinic Adjusts Hours for MLK Weekend Over the Dr. Martin Luther King Jr. holiday weekend, Kenner Army Health Clinic and Troop Medical Clinic 1 will be open with normal operations on Jan. 18 for patient care. Mosier Troop Medical Clinic 2 will be closed that day. All Kenner clinics and services will be closed Jan. 21, a federal holiday. To schedule appointments, call the Kenner appointment line at 1-866-533-5242. To request an authorization to visit an urgent care center, call the nurse advice line at 1-800-TRICARE and choose option 1. For medical emergencies, dial 911 or go to the nearest emergency room.

Commissary Scholarships Available File Photo

Sgt. Maj. Rahsan J. Mitchell, from the 59th Ordnance Brigade, gives a dramatic recitation of the “I’ve Been to the Mountaintop” speech at the Fort Lee Dr. Martin Luther King Jr. birthday observance in 2015. King delivered the remarks April 3, 1968, the day before he was assassinated.

Lee to celebrate MLK Jr. birthday January 17th

The Fort Lee community is invited to celebrate the life of Martin Luther King Jr. Jan. 17, 11:30 a.m. - 12:30 p.m., during an observance at the Lee Theater. The annual program will be hosted by the Army Logistics University Support Battalion and the Installation Equal Opportunity Office. The long-running theme for the observance is “Remember! Celebrate! Act! A day on, not a day off.” The guest speaker will be retired Air Force Capt. Howard L. Baugh Jr., the eldest son of Howard L. Baugh, a Tuskegee Airmen and retired lieutenant colonel. Howard L. Baugh Jr. lives in Plantation, Fla., and is the president of the Howard Baugh Chapter of the Tuskegee Airmen Inc. The organization’s mission is to inspire young people and perpetuate the legacy “of the brave men and women who had a double victory, fighting the enemy overseas and racism at home.” Born in Warsaw, N.Y., the guest speaker is a graduate of Tennessee State University where he served in the Air Force ROTC. In 1965, he was commissioned a second lieutenant. Following pilot training, he served with the 42nd Air Fueling Squadron, Loring AFB, Maine. He served two tours during the Vietnam War. Following his military service, he worked

for Eastern Airlines from 1971 - 1989 and United Airlines from 1989 - 2004. He first served as a flight engineer (second officer), then co-pilot (second officer) and then an aircraft commander (captain). He has over 23,000 hours of total flight time with multiple aircraft. His father was a native of Petersburg and graduated from Virginia State University. He flew 136 combat missions during World War II as member of the Army Air Corps fighter group that debunked the myth that AfricanAmericans were inferior pilots. Among his many awards are a Distinguished Flying Cross and the French Legion of Honor. To honor him and the Tuskegee Airmen, a bronze life-sized statue likeness of the senior Baugh – was recently unveiled and dedicated at the Black History Museum and Cultural Center of Virginia, Richmond. It’s the first monument commemorating Tuskegee Airmen in Virginia. He died in 2008 at age 88. The 392nd Army Band ensemble will provide musical entertainment during the observance. For details, contact Master Sgt. Tracie Carolina, senior equal opportunity advisor, at 804-734-6601or tracie.carolina.mil@mail. mil. - Staff Reports

A total of 500 scholarship grants, each for $2,000, will be awarded worldwide for the 2019-20 school year as part of the Scholarships for Military Children program sponsored by the Defense Commissary Agency. The deadline for applications is Feb. 15. At least one scholarship will be awarded at every commissary location where qualified applications are received. To apply, visit www.militaryscholar.org/sfmc/index.html.

Exchange Contests Have Fitness Focus Authorized shoppers at the Army and Air Force Exchange Service have a chance to be winners in two fitness-related sweepstakes through Feb. 18. In one contest, ten people worldwide will each receive a $100 Exchange gift card in the Fill Your Gym Bag Sweepstakes sponsored by Adidas. The second sweepstakes will award five winners a Schwinn 830 treadmill, which is valued at $799 and features a high-resolution LCD monitor, a media shelf and a USB charging port. Shoppers, 18 years and older, can visit shopmyexchange.com/sweepstakes to enter the contests. The sweepstakes are each limited to one entry per person. Winners will be notified at the end of February.

NARFE Meeting Petersburg Chapter 28 for National Active and Retired Federal Employees will hold its first 2019 meeting Jan. 16, 10:30 a.m., at the Lutheran Church of Our Redeemer, 1769 S. Sycamore Street, Petersburg. Retirees and active employees from all federal agencies are invited to attend this meeting, as well as spouses, annuitants and guests. In the event of snow or bad weather, and if Petersburg schools are closed, the meeting is cancelled. For details, visit 804-861-8251.

New Kenner Website Address Kenner Army Health Clinic’s website address has changed to https://kenner.nrmc.amedd. army.mil/SitePages/Home.aspx. Beneficiaries should note that if they are trying to find KAHC through a search engine, it will not link to the website and longer. Kenner recommends that people bookmark the new web address to their favorites for the latest times and services offered at the clinic. KAHC regrets any inconvenience to its beneficiaries for this change.

MacLaughlin to Close for JCTE, Renovation Family and MWR’s MacLaughlin Fitness Center will be closed Feb. 26 - June 15 to accommodate the annual Joint Culinary Training Exercise (Feb. 26 - March 15), followed by an interior renovation project. Those needing additional details can contact FMWR Director Darrell Clay at darrell.w.clay.naf@mail.mil or 804-734-7199.

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CASCOM, ARSOUTH staffers sent to Peru to assist with logistics modernization efforts Dani Johnson

CASCOM Public Affairs Officer

Six Combined Arms Support Command and Army South members recently visited the Peruvian Army to assist in modernizing its logistics doctrine and programs, which will improve their capability to support future operational requirements. Held at the Chorrillos Military Academy in Lima, and hosted by Maj. Gen. Miguel Angel Garcia Salas, Peruvian Army director of logistics, the U.S. team shared informational briefs on areas such as quartermaster, ordnance, transportation and the Defense Logistics Agency. “The Peruvian Army is going through a force modernization process, including reviews and updates of its logistics doctrine and field manuals,” said Lt. Col. Alex Shimabukuro, deputy director, Training Development Directorate, CASCOM. “The Peruvians already utilize World War II to pre-Desert Storm U.S. doctrine and have been adapting Colombian manuals derived from current U.S. manuals.” ARSOUTH, CASCOM and the Peruvians collaborated in a bilateral group discussion of the Army’s efforts to modernize logistics and employ a modified and condensed DOTMLPF-P (doctrine, organization, training, materiel, leadership, personnel, facilities and policies) assessment to identify possible modernization gaps and areas that the U.S. can assist. “FM 4-0, Sustainment Operations, is the Army’s principal doctrine manual on sustainment support and is a companion to FM 3-0, Army Operations. (They) provide the foundation for how Army Sustainment forces support and sustain large scale combat operations,” said Maj. Michelle McDevitt, doctrine developer, Training and Doctrine Integration Directorate, CASCOM. The Peruvian Army recently built a modern aviation maintenance depot capable

U.S. Army photo by Lt. Col. Alex Shimabukuro

Combined Arms Support Command and Army South members receive a tour of Peruvian Army maintenance facilities during a recent partnership visit in the Central American country. Six CASCOM and ARSOUTH members visited the Peruvian Army to assist in modernizing their logistics doctrine and programs, improving their ability to support future operational requirements.

of sustaining its Russian-built helicopter fleet, and with proper funding, any other foreign-made helicopter with the intent of making it a regional rotary wing depot. The challenge lies with their tank maintenance depot, which is a large facility but has few people and funding since the focus of the government is humanitarian/disaster response missions. “This event was crucial in allowing

the exchange of sustainment models, lessons learned, and understanding of each Army’s professional military education programs,” said Maj Eduardo Rodriguez, Multi-National Interagency Division, G-4 ARSOUTH. “As a result, the Peruvian personnel demonstrated a particular interest in attending U.S. logistics courses.” Garcia said he is extremely pleased with the U.S. team for its depth of sustainment

knowledge at all three levels of war – tactical, operational and strategic – as well as how the U.S. logistics formations operate and adapt to the operating environment. The weeklong trip was in support of U.S. Southern Command’s military objectives and ARSOUTH’s security cooperation objectives by developing partner nation militaries and fostering military-to-military relations.

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Photos by Amy Perry

(ABOVE) Airman 1st Class Vanessa Aragon prepares mashed potatoes for the upcoming meal. Culinary training is one aspect of the Services career field. (LEFT) Staff Sgt. Austin Coleman, fitness specialist instructor, teaches the proper lifting techniques for the Olympic bench press.

Lee Airmen train for diverse specialty code Amy Perry Production/News Assistant Editor

For Airmen in the Services’ Air Force Specialty Code training here, learning to be the jack of all trades is an understatement. In the nearly six weeks of training, the troops learn to prepare meals for dining facilities, perform fitness specialist duties like conducting physical fitness tests and teaching others to use fitness equipment, maintain and operate on-post hotels, conduct mortuary affairs duties, build tents for deployment locations, and learn about the additional duties they may see at their future duty stations like honor guard, Force Support readiness programs and laundry services. Though ‘jack of all trades’ is a common motto of the career field, many Services professionals relate to ‘from cradle to grave’ because they are responsible for so many vital parts of an Airman’s career, said Tech. Sgt. Shameka Risch, an instructor for the training here.

“We are one of the smallest career fields in the Air Force, but we also have such a huge impact on so many Airmen and their families,” she said. “We try to impress on the students here how important their jobs are, from helping families at hotels when they are changing duty stations or cooking food for Airmen on base, helping them train on fitness equipment or even bringing them to their final resting place.” During the initial training, they learn hotel management, fitness duties, culinary operations and readiness programs like mortuary affairs, building a bare base and field feeding, said Master Sgt. Ashley Cohnes, a senior instructor. “The Air Force is unique with the Services career field, because it combines so many specialties you see in other branches,” she said. “Once these Airmen go out to their duty assignments, they will go where the unit needs them. There is a big focus on on-the-job training there to become more proficient. You can’t always help where you go, but to advance through the career field, you have to be trained in different aspects of the job.”

Tech. Sgt. Shameka Risch, a Services instructor, left, instructs Senior Airman Brittany Patterson how to build the door frame for a small shell system in the readiness training portion.

Airmen serve food during their final meal in the culinary portion of their Services training.

Recognizing Civilians | Spotlight

Selena Hamilton

Hometown: Roosevelt, NY Length of federal service: 36 years, 9 months Job title: Security Specialist Job duties: “I manage the Personnel Security Program for the garrison, which consists of submitting background investigations on military and civilian employees for security clearances; fingerprinting; access and verification requests.” What do you love the most about your job? “The satisfaction of assisting individuals obtain their security clearance.” What is the proudest accomplishment of your 36year career? “Serving over 18 years in the security career field.” What do you expect from your leaders? “Respect and integrity. Be an example for people to follow.” Where would you most like to live? “I love Virginia. So here.” When and where were you happiest? “Orlando. I have a great time taking my grandchildren to Disney World.”

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Pet peeves: “People not listening and following instructions.” Which historical figure do you most identify with? “Dr. Martin Luther King, Jr.” What is your marked characteristic? “Assisting and passing on security knowledge to individuals.” What is your greatest fear? “Being misunderstood.” What is your greatest extravagance? “My home. I spend most of my time and money on my house.” Which talent would you most like to have? To would love to learn to paint portraits. What’s your motto? “I can do all things thru Christ who strengthens me. Philippians 4:13 KJV” Who is your role model: “My mom. She raised me to be strong and to always persevere.” What is it that you most dislike? “I don’t like people gossiping.” What is something people would be surprised to know about you? “People are usually surprised to learn I served in the Army for 5 years as a Paralegal Specialist.” Future aspirations? “To do some travelling and to concentrate on my hobbies.” – Compiled by Amy Perry

January 10, 2019

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Amy Perry

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January 10, 2019

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Soldiers learn to live with setbacks, heartbreak of HIV-Positive diagnosis KAHC Public Affairs Officer

A partner with a hidden past. A cheating husband. An unconscious encounter during an evening of heavy drinking. At first glance, the unfortunate events that befell three active duty Soldiers at Fort Lee seem to have little in common. The outcome, however, is a different story – one in which the lies and errors in judgment thrusted them into the misunderstood and frequently biased world of a human immunodeficiency virus diagnosis. In 2017, the Centers for Disease Control and Prevention reported 38,739 individuals in the U.S. were told they had HIV, adding to a population estimated to be in excess of 1.1 million. Each year, about 350 military members learn they are infected, according to military medical command statistics. HIV weakens a person’s immune system by destroying cells that combat disease and infection, according to the CDC website. There is no effective cure for it, but it can be controlled with proper medical care.

The Soldiers who agreed to tell their story asked to remain anonymous as a matter of privacy. “Sam” – the pseudonym for one of those individuals – said he enlisted for the same reason a lot of people do; to travel and see the world. The Army did not disappoint. He deployed to far-flung places, and said he was genuinely enjoying his time in service. Sam’s love life also blossomed. He met a man who was previously married to another service member. They dated and eventually tied the knot. Previously a stickler for health check-ups, Sam let his guard down as a newlywed. About a year into the relationship, he had a bout of illness that required hospitalization, but nobody suspected it was related to a sexually transmitted disease. It was a group of concerned friends who learned his husband was HIV-Positive and notified public health, which ultimately resulted in an additional medical test that confirmed he had been infected. “When I found out, my whole life fell apart,” Sam recalled. “If my husband told me and was taking his medication, I wouldn’t have become HIV-Positive. I could have taken pre-exposure pro-

includes no deployments, overseas assignments or immediate relocations stateside. In reference to Army Directive 2018-22, which provides deployability guidance, an additional memo signed by acting Assistant Secretary of the Army for Manpower and Reserve Affairs Marshall M. Williams directs the categorization of HIV-Positive Soldiers as “deployable with limitations.” This means they are retained in the Army unless they have another underlying legal, administrative or medical reason that makes them non-deployable. Another Soldier, “David,” can never forget the night he contracted the illness. After an argument with his longdistance boyfriend, he went out to a bar to blow off steam with friends. “We were drinking, and I don’t know what happened from there because I blacked out,” David said. “The only thing I do remember is my friends leaving and me staying to talk to someone. The next day, I woke up inside my car with my pants down.” The embarrassing situation made him angry at his friends for leaving him at the bar. He wasn’t sure if he had been raped, and the thought of that being a possibility brought additional shame because he had set himself up for it by drinking too much and passing out. He chose to keep the incident quiet, mostly because he was afraid he would lose his boyfriend. David went on with his life uncertain about what happened that night. Until he started to feel sick and went to the hospital for an exam. “I was telling them my symptoms because I had been Googling them, and everything was leading to HIV,” David said. “I just didn’t want to believe it.” A few weeks later, he received a call to report to his doctor, and was informed he would be accompanied by his supervisor and unit commander. The medical team broke the news that his tests came back positive. “My commander didn’t know what to say,” David said. “I think it was the first time he had an encounter with an HIV diagnosis. I think he was surprised it was me, as well. I could see his disappointment, but at the same time, there was no indication he had lost any respect for me as a Soldier. I worked so hard for the

“I hate to say it like this, but the diagnosis can make you feel like a piece of garbage on the street. Who is going to want you?”

A world shaped by stigma Lesley Atkinson

going to be bombarded with questions just by mentioning it, and I don’t want to be one of those people who are clueless about a serious topic like this. That’s the way I look at the whole situation and the reason I really haven’t talked about it much before now.” The realization that family and friends of his partner knew he was HIVPositive but never brought it up is Sam’s mosthaunting thought. Equally disturbing is why the individual he fell in love with didn’t share such information, but he has settled on the idea that he was probably scared what the news would do to their relationship. “Clearly, if my husband and I would have gotten tested earlier in the relationship, I might not be where I am today,” Sam concluded. Routine laboratory tests during her second pregnancy revealed “Mary’s” HIV-Positive diagnosis. She was supported by members of her chain-of-command when clinic physicians broke the news. “My mind was screaming ‘that is not possible, we need to do a retest!’” Mary recalled. “I was emphatic about the fact I don’t sleep around, so how could I possibly get HIV?” It was her husband who had been sleeping around with other men and women. “So, he contracted HIV and never told me,” she interjected. “He didn’t care about his health, so why would he care about mine?” Mary believed her world was ending. In her mind, it was a death sentence both literally and figuratively from an Army career standpoint. Her unborn child also would inherit the disease. She has held on to the hope that it was all a misread diagnosis for the past two years, but that meager strand of optimism is dwindling. “I have to deal with what it means to have HIV in the military,” she acknowledged. “It changes everything. You can’t deploy or go overseas, and I’m no longer eligible for warrant officer training. I’m left with far fewer options for advancing my career.” Typically, a service member diagnosed with a potentially debilitating disease like HIV is placed into a restricted status that

phylaxis. I’m still angry about it today. Why didn’t he tell me? “I hate to say it like this, but the diagnosis can make you feel like a piece of garbage on the street. Who is going to want you?” he questioned. “It hurt my self-esteem for a long time, and I had to learn to cope with it. It’s one of those things you have to live with because it isn’t going away. I take medication daily to suppress it, and I’m healthy otherwise. The chances of me giving it to somebody are slim to none. My status is undetectable.” Modern treatments for HIV include a prescription regimen called antiretroviral therapy, or ART for short. When taking it as prescribed, the viral load (amount of HIV in the blood) can become undetectable. CDC states if it stays at that level, the infected individual can live a long and healthy life and have effectively no risk of transmitting HIV to a disease-free partner through sex. Sam has kept the details of his infection close-hold. Those in his confidential loop include a sister and a few close friends. “I strongly feel this is a disease you need to educate yourself on before going out and carrying on lengthy discussions about it,” Sam observed. “My decision has been to live it first. I know I’m

“My mind was screaming ‘that is not possible, we need to do a retest!’... I was emphatic about the fact I don’t sleep around, so how could I possibly get HIV?”

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company, and he knew I was a good, dedicated worker. “He never asked me what happened either,” the Solder continued, “but he was with me the whole way, accompanying me at my appointments. He was good to me and supportive, because only he and I knew, but I never opened up and told him I was gay.” David and his boyfriend have since broken up, and he thinks it is due to the HIV diagnosis. He isn’t in a rush to get into a new relationship. The first order of business is to take care of himself. “When I eat dinner, the pills I need to take sit next to me on the table,” he said. “It took a year of counseling to get me where I am today. I still look online every day to see if, miraculously, a cure for HIV has been found. I am hoping one day they come up with a cure. In the meantime, I’ll try to learn as much as I can to maintain my health.” The point of telling their stories, the trio agreed, is to promote understanding of the HIV epidemic and encourage healthy practices like getting regular checkups that include screening for sexually transmitted diseases, especially when entering an intimate relationship. “Don’t be afraid to ask questions,” David succinctly said. “Closed mouths do not get fed and closed minds do not typically show empathy or acceptance of uncomfortable things in the world like HIV.” Testing is the only way for the people living with undiagnosed HIV to know their status and begin seeking treatment. The CDC estimates that more than 90 percent of all new infections could be prevented by proper testing and linking infected persons to care. HIV testing saves lives. It is one of the most powerful tools in the fight against the spread of this disease. CDC recommends that everyone 13-to-64 years old get tested for HIV at least once as part of routine health care. Military personnel are required to get tested for HIV every two years as part of their physical health assessment. As a general rule, people at high risk for HIV infection should get tested each year. Sexually active gay and bisexual men may benefit from getting tested more often, such as every 3-to-6 months. HIV testing and pre-exposure prophylaxis are available at Kenner Army Health Clinic. As always, the first step for beneficiaries is to schedule a consultation with their primary health care team through the clinic’s appointment line, 804-7349449. Don’t let worry over an HIV test stop you from taking one. Whatever the result, it can help you make smart decisions about your body and your health.

“Closed mouths do not get fed and closed minds do not typically show empathy or acceptance of uncomfortable things in the world like HIV.”

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January 10, 2019

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U.S. Army Photo

Sgt. Maj. of the Army Daniel Dailey discusses professional development opportunities with Soldiers deployed to the Horn of Africa. It was his last stop before returning to the U.S. to visit with other service members serving away from their families during the holidays.

SMA talks up credentialing opportunity during holiday visit to Fort Riley, Kan. Amanda Kim Stairrett Fort Riley Public Affairs

FORT RILEY, Kan. – Soldiers can soon use federal funding to earn credentials in skilled trades. Sgt. Maj. of the Army Daniel Dailey said the program – under testing at Fort Hood, Texas – is one of his top priorities and will be available soon at all major installations. The Army’s top enlisted Soldier talked about noncommissioned officer education Nov. 30 during a visit to Fort Riley. “You can pursue any trade, license or certificate for any state-recognized or

industry-recognized credential in the U.S.” he verified. About 18 percent of Soldiers use tuition assistance, Dailey noted, and it has been traditionally limited to students on a degree plan. Funding from this year’s National Defense Authorization Act “frees that up” for self-directed credentialing endeavors, he said. This initiative was created as a way to help credential Soldiers in their military occupational specialties – training men and women in uniform received is equivalent to the skills of their civilian counterparts. Leaders examined labor force numbers in

the United States to help develop the new initiative. Dailey said 20 percent of jobs in America require a degree and the remaining are skilled and unskilled labor positions. “You know what you are,” Dailey hinted to a room full of noncommissioned officers at Barlow Theater. “Skilled labor, that’s what you are. You’re called skilled labor, and did you know skilled labor makes 30 percent more a year, on average, than an undergraduate from college?” A worker with a credentialed skill has a 75 percent better chance of finding employment, Dailey went on to say. The country has an overabundance of educated people and

a deficiency of skilled tradesmen – often labeled a “dying breed” in America. The Army has offered civilian certification for truck drivers since 2015, and Dailey said Soldiers – particularly in the sustainment arena – should get the opportunity to match what they came in the Army to do: work as skilled tradesman. Officials unveiled the program at Fort Hood to work out the program’s mechanics, and Dailey said he is moving as fast as he can to get it fully implemented, which requires help from those who wear the Army uniform. “I can only get the money for this if you use it,” he insisted. One hundred percent of Soldiers get out of the Army, the SMA joked, and they will have to do something in America. “You gotta fall back on something,” he said. Command Sgt. Maj. Craig Bishop, the 1st Infantry Division’s senior enlisted leader, T said he hoped “Big Red One” SoldiersS enjoyed their interaction with Dailey, “andR got an opportunity to see him model positiveo leadership and show them he’s still a Soldierc who cares.” B Also during his visit, Dailey conducted physical training with his former unit, the 1st Battalion, 16th Infantry Regiment, 1st Armored Brigade Combat Team. He visited Irwin Army Community Hospital and watched 2nd Armored Brigade Combat Team railhead operations. Spc. Logan Toneys worked out with Dailey that morning and said his personality, the way he presented himself and his physical condition made the PT session a good experience. “He’s exactly what you think of when mentally picturing the Sergeant Major of the Army,” Toneys said. It is important for high-ranking officials to interact with Soldiers because it shows they “recognize the work we do and the time and effort we put into our job,” the specialist clarified. Dailey’s visit was a morale boost and Toney said he was “very cool” and humble. “I think he is the type of leader every Soldier should want to be like,” he added.

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Off Duty in the Community | A

January 10, 2019

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walk through history

Richmond Slave Trail chronicles lives of enslaved Africans

Ray Kozakewicz

The Negro Burial Ground and Lumpkin’s Slave Richmond is slowly coming to terms with aspects of the area’s history and black Jail are located off East Broad and 15th streets its past as a major slave-trading market. The heritage tributes. Much of the trail is wooded near Main Street Station.

Ray Kozakewicz

This path is near the beginning of the Richmond SlaveTrail at the Manchester Docks and the James River. It follows a route along the southern shore of the river for several miles before walkers reach concrete walkways leading into the Shockoe Bottom District of the city.

Richmond Slave Trail, a self-guided walking tour of 17 sites, chronicles the trade of enslaved Africans to Virginia until 1775, and their shipment away from Virginia to other points in the Americas until emancipation in 1865. Established by the Richmond City Council Slave Trail Commission, the historic area of reflection is a place where walkers can take a leisurely, self-guided 2.5-mile trek on dirt paths and concrete walkways countless slaves traveled on their journey into forced servitude. The historic trail includes enamel plaques on granite bases at 17 sites describing

with some inclines. Restrooms and drink machines are located on Mayo Island about halfway through the walk. The city tourism department estimates participants should allow about 2 ½ hours for the excursion including stopping at key points to read and observe information plaques. Visitors also can check out several sites by vehicle where free parking is available nearby. It begins at Manchester Docks along the James River in south Richmond. This was a major port in the massive down-river slave trade that made Richmond the largest source of enslaved Africans on the east

coast of America from 1830-1860. In the pre-Revolutionary period, Manchester was a busy slave market. By the 1850s, as many as 10,000 people a month arrived at the port as well as on the north side of the river – Rocketts’ Landing. The trail then follows a route through the former slave markets of Richmond, beside the Reconciliation Statue (East Main and South 9th streets) commemorating the international triangular slave trade; past Lumpkin’s Slave Jail and the Negro Burial Ground (East Broad and 15th streets); to First African

SEE SLAVE TRAIL, page 13

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January 10, 2019

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Don’t get lost in frost As winter tightens its grip on Central Virginia, motorists will frequently face frosty windows and mirrors, especially during their morning commute. Attempting to operate a vehicle that is frost-covered is like putting a blanket over the windows and trying to peek through the cracks. The notion seems ludicrous, but consider the similarity to a blanket of frost and a driver squinting through the small area of windshield hurriedly cleared with an ice scraper. This careless practice routinely happens on our highways every winter. In today’s on-the-go society, not fully clearing vehicle windows and mirrors of snow, ice or frost is a growing concern – one that could have consequences for an individual’s auto insurance. Many jurisdictions are clamping down on peephole driving, as being unable to clearly see the road boosts the potential for auto accidents and auto insurance claims. Knowing the risk associated with this issue, Fort Lee community members should take action to avoid becoming part of the

winter-driving-safety problem. The most obvious fix is allotting extra time for vehicle warm-up and window clearing before hitting the road. Other frost-removal tricks include the following: • Activate the window washer fluid a few times. It contains alcohol to assist in cleaning as well as to prevent the reservoir from freezing. A few sprays on the windshield should soften stubborn ice patches. And it’s a good idea, of course, to keep the fluid reservoir full, but don’t use regular water as it’s susceptible to freezing. • If the vehicle is equipped with a rearwindow defroster, use it. Many forget the feature exists or fail to activate it before heading out on the road. • Use a can of deicer or an ice scraper to clear outside mirrors, if not equipped with defrosters. Be sure to clear both the driver and passenger mirrors. • The most energy-efficient tool for clearing ice is sunlight. Park vehicles left outdoors overnight so they will receive the first rays of morning sun. Another useful tool

Stock Photo

is wind; find parking spaces where a regular breeze is blowing across the windshield. Remember also that cold weather is hard on vehicle components. Do not race the engine in an attempt to get it to warm up quicker. Keep the fuel tank as full as possible to reduce moisture condensing inside fuel lines and freezing. Use gasoline antifreeze or other additives to remove water from the fuel system. Carbon monoxide is another concern during winter months. Never idle an engine for a prolonged period with windows rolled

performance triad,cont. from page 2 service member training, increases energy and endurance, shortens recovery time between activities, improves focus and concentration, and helps individuals look and feel better. While most Soldiers and leaders understand the connections between nutrition and mission readiness, they also cite numerous barriers to proper eating like lack of access to healthy foods, a job that requires them to work through meals or stay late, monetary constraints and low motivation to make healthy choices. In reality, these are convenient excuses that are not substantiated by socio-economic or scientific study. Individuals simply need to be more disciplined with food choices, ditching the cheeseburger with fries and picking up the fruit, vegetables or non-fatty protein snacks that promote well-being and energy. Knowing how to read nutrition labels also is of enormous benefit when it comes to improving one’s diet. The nutritionist at Kenner Army Health Clinic can help. To learn more, schedule a consultation through the clinic’s appointment line. Those newly committed to a healthier lifestyle may want to consider keeping a comprehensive journal of sleep, activity

File Photo

and nutritional intake for three days. Then, carefully analyze the information on your own or with a wellness expert. Look for the telltale inhibitors of getting adequate sleep, improving nutritional intake and regularly engaging in physical activity. Develop a game plan that decreases the bad habits and builds the health-promoting practices.

up, particularly if snow is covering the exhaust pipe. Listen for exhaust leaks and promptly repair defective components. Do not sleep in a running vehicle, and do not warm up a vehicle while it’s inside a garage. The bottom line is to think safety first, and always, with winter driving. Setting the conditions for a safe commute, slowing down and being prepared for reduced visibility due to weather or longer hours of darkness are some of the best ways to avoid becoming an accident statistic. - Garrison Safety Office

Interested in learning more? Consider accessing Army H.E.A.L.T.H online as it provides an abundance of information to meet healthy lifestyle goals. The site works in conjunction with the triad to offer custom nutrition, fitness and lifestyle change plans including sleep, stress reduction, and mind and body balance. It is specifically designed for military personnel, their family members and retirees, and includes health blogs, tips and tweets for eating and various recipes. For more information, visit myarmyhealth.org. For one-on-one guidance, consider meeting with a health coach at the Army Wellness Center. These skilled personnel assist clients with bridging the gap between their current versus desired state by making small behavior changes to enable them to succeed. The coach guides clients through the wellness journey by setting goals as well as providing support and encouragement to overcome barriers. A Performance Triad app with health information and links to helpful resources is available at https://p3.amedd. army.mil/downloads. To reach the Preventive Medicine/ Health Promotion office, call 804-734-9304. The AWC phone number is 734-9925. – KAHC and Staff Reports

Pet of the Week www.fortleetraveller.com

January 10, 2019

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Ray Kozakewicz Contributed Photo

Haley Mizell, Abbey Webb, Ann Easterling, Bethany Seay, Anne Regan and Denise Blake rehearse a scene for the upcoming Lee Playhouse production of “Steel Magnolias,” opening Feb. 1, 8 p.m., at the Lee Theater.

Steel Magnolias set to open Feb.1 The Lee Playhouse theater group is proud to present “Steel Magnolias” as the third installment of its platinum season. Performances are set for Fridays and Saturdays, Feb. 1, 2, 8, 9, 15 and 16 at 8 p.m., and Sundays, Feb. 3, 10 and 17 at 3 p.m. All shows are open to the public. Written by Robert Harling, Steel Magnolias focuses on the friendship of six southern women who talk, gossip, needle and harangue each other through the best of times and comfort each other through the worst. The play is alternately hilarious and touching. Starring Ann Easterling as M’Lyn, Abbey Webb as Truvy, Bethany Seay as Shelby, Haley Mizelle as Annelle, Ann Carr Regan

as Clairee, and Denise Blake as Ouiser. Steel Magnolias is directed by Joy Williams. The creative team includes Cindy Warren as set and light designer, Joy Williams as costumer, Dale Blake as stage manager, John Redling as sound designer and Joe Beaudet as technical director. Tickets for Lee Playhouse performances are $15 for adults and $7 for youths. Contact the box office at 804-734-6629 for reservations and additional information. Off-post guests who do not have a military-issued ID card or valid installation access pass are encouraged to review the information provided on the following webpage: home.army.mil/ lee/index.php/about/visitor-information. -Lee Playhouse

Claire, a black and white cat, is available for adoption at the Fort Lee Stray Animal Facility on 38th Street, near the Defense Commissary Agency Headquarters. She is about 1 year old and a very loving cat, according to her caretakers. There also are five other cats and a dog available. There are no adoption fees for any animals at the facility. The shelter also is seeking new volunteers and and donations of cat food. For details, contact Officer Rob Moore, PMO animal control officer, at 804-721-9291.

SLAVE TRAIL, cont. from page 11 Baptist Church (original site at College and Broad streets), a center of African-American life in pre-Civil War Richmond. At the Lumpkin site, the commission has funded the erection of a memorial to the slaves and developed signage on wooden exhibits. Visitors should plan to spend more time at this location. The notorious “Devils’ Half Acre,” as it was known, was owned

for a time by Robert Lumpkin. It served as a holding facility, auction house and punishment and “breaking” center for more than 300,000 enslaved persons from the 1830s until 1865, when Union troops took the city. For more information, call the Richmond City Council Slave Trail Commission at (804) 646-6052. - Staff Reports

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PMOC Breakfast, Bowling Event | Jan. 12

The Fort Lee Protestant Men of the Chapel group invites all males in the community to attend its Breakfast and Bowling Fellowship event Jan 12, 9-11 a.m., at the TenStrike Bowling Entertainment Center, 2403 C Ave. The event is free. Reservations are requested. For details, email fortleepmomc@gmail. com or call 804-586-2435.

Tuskegee Airmen Puppet Show | Feb. 2

L ocal A ctivities

for the

F ort L ee C ommunity

Lee Newcomers’ Orientation | Mondays

the second show in the Kidkapers 2018-2019 season. Director Caroline Mincks seeks 35 actors, ages 6 -18, for a variety of roles in the children’s production. Those auditioning need to bring sheet music and be dressed for dance movement. No acapella or backup vocals if a CD is used. No performers are paid. Rehearsals will begin immediately after casting for a production run on weekends, March 8-17. For details, call 804-734-6629.

Military spouses, service members and civilian employees new to Fort Lee are invited to the Army Community Service Newcomers’ Orientation held every Monday, 2 p.m., at the Soldier Support Center, 1401 B Avenue, building 3400. The next program is Jan. 14. Participants will learn about the Army Pet Expo at Richmond and Air Force Exchange, Child and Youth Raceway | Jan. 12 Services, Directorate of Public Works, Safety, An indoor Pet Expo is set for Jan. 12, 10 Housing, Family and MWR, and other a.m. - 4 p.m., at Richmond Raceway Complex, community support agencies. 600 East Laburnum Ave. RVA on Ice | Through Jan. 21 For details, call 804-734-6762. Over 50 exhibitors will be on hand at Ice skating is open to the public every day the 19th annual event offering a variety of through Jan. 21 at the 17th Street Market, 100 Sustainers Pub Trivia Night | goods and services. Activities are scheduled North 17th St., Richmond. throughout the day, many of which involve Jan. 15 The rink opens at 3 p.m., Monday-Friday A Trivia Night competition is set for every pet participation. All proceeds benefit Henrico and 11 a.m., Saturday and Sunday. There is Humane Society and help homeless animals in Tuesday, 6:30 p.m., at the Sustainers Pub in free parking available. the lobby area of Fort Lee Army Lodging, the community. For details including skating costs, rentals For details, visit www.henricohumane.org/ 2301 Mahone Ave. and hours of operation, call 804-238-4439 or Participants are challenged on their events/petexpo. knowledge of pop culture, sports, military email 17thstreeticerink@gmail.com. history and other topics. The free event Gossip and Grandeur at includes free appetizers, door prizes and more. PWOC Kickoff Event | Jan. 24 Maymont | Jan. 13 The Fort Lee Protestant Women of the The next night is Jan. 15. Special guided tours of the “Backstairs” at Chapel group will hold its Spring Semester For details, call 804-765-1449. Maymont Mansion is set for Jan. 13, noon - 5 Kick-off meeting Jan. 24., 9:15 a.m. - noon, at p.m., at 1700 Hampton St., Richmond. Liberty Chapel, 3101 C Avenue. Poplar Forest Gallery Talks | During the half-hour excursions, participants Jan. 19 Child care will be provided for ages 1-5 on will learn about social rituals, fashions, family a first-come basis. Various historical experts will discuss dramas, the tittle-tattle of the “Downton” era important 1819 events in a presentation titled For details, visit www.facebook.com/pg/ in Richmond and more. The cost is $6 per “Gallery Talks” set for Jan. 19, 1 p.m., at pwocfortlee or email ftleepwoc@gmail.com. person; $4 for members. A similar program Thomas Jefferson’s Poplar Forest in Nelson will be held Jan 27. County. Library MakerSpace Activity | For details, call (804) 358-7166, ext. 329 or The year 1819 included a financial panic Jan. 25 visit maymont.org. gripping the young nation, an epidemic in The Fort Lee Community Library has the slave community, debates on the Missouri scheduled its next MakerSpace program for Compromise and more. The talks are slated Jan. 25, 5 p.m., in Bunker Hall Caferteria, Richmond Weddings Winter for every Saturday through March 9. The Army Logistics University. Those interested Show | Jan. 13 The Richmond Weddings Winter Show is plantation is located at 1542 Bateman Bridge should arrive as close to the starting time set for Jan. 13, 11 a.m. - 4 p.m., at the Historic Road, Forest. For details, call 804-765-8095. as possible in order to complete the project before the event is over. Main Street Station, 1500 East Main St., ‘Fiddler on the Roof Jr.’ MakerSpace is free and open to all ages. Richmond. Participants can use tools, techniques and The event will include more than 100 Auditions | Jan. 19 The Theater Company at Fort Lee will hands-on learning with the goal of inspiring vendors as well as a major fashion show hold auditions for “Fiddler on the Roof Jr.” and nurturing their interest in science, featuring gowns, dresses and formalwear. For details, visit www.richmondweddings. Jan. 19, 10 a.m., at the Lee Theater, building technology, engineering, art and math. For more information, call 804-765-8095. 4300, Mahone Ave. The production will be com.

Rainbow Puppets will present a show titled “Take a Giant Leap” Feb. 2, 11-11:45 a.m., at the Chester Library, 11800 Centre St. The event is free. Participants will take a journey through the history of flight with the Tuskegee Airmen featuring the dreams of a young boy who wants to help others by flying high in the sky. The event is part of Black History Month events scheduled throughout the county. For details, call 804-751-CCPL or visit library.chesterfield.gov.

Pins and Needles ‘Snapsack’ Workshop | Feb. 2

Participants will make a 17th century “snapsack” or shoulder sack that many soldiers and workers generally used to transport basic items Feb. 2, 10 a.m. - 4 p.m., at Henricus Historical Park, 251 Henricus Park Road, Chester. Materials will be provided and already made into “kit” form. The fee is $20 for materials and admission. Attendees should provide sewing supplies including wax, thread, pins, needles and scissors. Registration is required by Jan. 28. For details, call 804-318-8732 or visit www. henricus.org.

Henricus Home School Day | Feb. 7

A home-school education program designed to meet required curriculum goals in a fun and interactive environment is scheduled for Feb, 7, 10 a.m. - 2 p.m., at Henricus Historical Park, 251 Henricus Park Road, Chester. Costumed interpreters will discuss how 17th-century English colonists prepared for winter including getting the crops in, preserving, cooking and more. Students, 4-14 years old, will be divided into groups to work on age-appropriate activities. The cost is $18 for students; $5 for children, ages 2-3; $13 for members and free for accompanying adults. Active duty military receive a $1 discount. Registration is required by Feb. 5. For details, call 804-318-8797 or visit www. henricus.org.

For more installation and outside the gate events and activities, visit our online calendar at www.fortleetraveller.com/calendar

UCMJ CHANGES, continued from page 3

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, threefourths 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

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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.”

January 10, 2019

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