USS Mahan Awards 13 Sailors Non-Judicial Punishment

From Commander, Naval Surface Force, U.S. Atlantic Fleet Public Affairs

NORFOLK, Va. (NNS) -- Twelve Sailors from USS Mahan (DDG 72) received non-judicial punishment under Article 92 of the Uniform Code of Military Justice for the use, purchase, and/or distribution of illegal synthetic cannabinoid, also known as "Spice," during Captain's Mast proceeding held aboard the ship April 4.

One Sailor received non-judicial punishment under article 112a of the Uniform Code of Military Justice for the use of illegal mushrooms. In accordance with the Navy's zero-tolerance policy on illegal drug use, all 13 are being processed for administrative separation from the Navy.

The Sailors ranged in rank from E-1 to E-5.

The Captain's Mast proceedings were initiated following a command investigation that concluded in April 2012. Mahan's commanding officer, Cmdr. Adam Aycock commenced the investigation immediately following notification of the allegations of Spice use in late March.

Drug use and substance abuse in the Navy undercuts unit readiness and morale, and is inconsistent with the Navy Ethos and core values of honor, courage and commitment.

"We have zero tolerance for drug use in our Navy, and I applaud those with the courage to take a stand against drugs and against those who use them," said Rear Adm. David M. Thomas, Jr., commander, Naval Surface Force, Atlantic. "This isn't some 'victimless crime'; people who use drugs put their ship and shipmates at risk. Sailors who use drugs, including Spice and any other illegal substance, have broken the oath of Service we all swore. When they are caught they will be processed for separation without exception. There is no second chance."

Mahan is currently in port at Naval Station Norfolk.The ship recently completed a selective restricted availability in March.

Zero tolerance for drug use is an aspect of the readiness area of the 21st Century Sailor and Marine initiative which consolidates a set of objectives and policies, new and existing, to maximize Sailor and Marine personal readiness, build resiliency and hone the most combat-effective force in the history of the Department of the Navy.

Secretary of the Navy Announces 21st Century Sailor and Marine Initiative

From Secretary of the Navy Public Affairs

WASHINGTON (NNS) -- Speaking to the fleet during a worldwide All Hands Call on board USS Bataan (LHD 5) which was televised and web-streamed live to the fleet March 5, Secretary of the Navy Ray Mabus announced the establishment of the 21st Century Sailor and Marine initiative.

The secretary explained that the initiative consolidates a set of objectives and policies, new and existing, to maximize Sailor and Marine personal readiness. The programs are divided into five categories, or "areas"; readiness, safety, physical fitness, inclusion, and continuum of service.

"The new defense strategy will put increased responsibilities on the Navy and Marine Corps in the years to come," the secretary said. "You are the department's most essential asset, and it is the duty of the department's leadership to do all we can to provide each individual Sailor and Marine with the resources to maintain that resiliency."

Various programs fall under the readiness area, all of which help ensure we have the most mentally prepared service members and family in department history.

Continued emphasis on the responsible use of alcohol, zero tolerance for drug use, suicide reduction, family and personal preparedness, and financial and family stability all work together to prepare Sailors, Marines and their families for the challenges that they may face and reinforce healthy alternatives on liberty or off-duty. A new initiative will include breathalyzer tests when Sailors stationed onboard ships, submarines and at squadrons report for duty and randomly elsewhere to reduce the occurrence of alcohol related incidents that can end careers and sometimes end lives. This month, the Navy will begin random testing of urine samples for synthetic chemical compounds like Spice.

The initial testing will be conducted by a contracted laboratory, with the Navy Drug Screening Laboratory capable of conducting in-house testing later this year. Every positive result on a urinalysis for synthetic drugs will be sent to NCIS for investigation. Synthetic chemical compound drug use impacts a Sailor's career and family. Sailors found to have positive urinalysis results and possession of synthetic chemical compounds like Spice will be punished under the UCMJ.

"We will enable and support our Sailors and their families. I am extremely proud of our people," said Chief of Naval Operations Adm. Jonathan Greenert. "We have a professional and a moral obligation to lead, to train, to equip and to motivate them. Our personnel programs deliver a high return on investment in readiness."

In addition to ensuring the readiness of our Sailors and Marines, the initiative will aim to make the Navy and Marine Corps the safest and most secure force in the department's history. All personnel in the fleet should expect to work in a safe environment, free from harassment or hazards, and when confronted with these, have the resources available to immediately correct the problem.

The Department of the Navy (DoN) continues to work aggressively to prevent sexual assaults, to support sexual assault victims, and to hold offenders accountable. Part of this effort is implementing new training at multiple levels in both the Navy and Marine Corps.

A recent program, the Bystander Intervention (BI) course, which is part of the Navy's Sexual Assault Prevention and Response (SAPR) program, began in January for all A-school students. BI is intended to educate Sailors that, as bystanders, they have the power - and responsibility - to intervene in a potentially harmful situation, regardless of rank. BI training is part of a larger strategy addressing changes in attitudes and behaviors in the Department of the Navy. SAPR training for Navy leadership and the fleet is in development.

Everyday Sailors and Marines do a great job of managing risks on-duty, proven by FY 2011 being recorded as the safest in terms of operational fatalities. Under the 21st Century Sailor and Marine area of safety, DoN will continue stressing to Sailors and Marines that they should apply the same operational risk management (ORM) skills to their off-duty activities.

"All leaders must guard against reckless behavior - it jeopardizes the health, safety, and combat readiness of our entire force" said Gen. James F. Amos, commandant of the Marine Corps. "Risk mitigation is one of the best means available as we fight to eliminate senseless and needless loss of life and injury, both on duty and on liberty."

Statistically, the most dangerous thing Sailors and Marines do every day is also one of the most common, driving a personal motor vehicle. While there are a number of factors that make this even more dangerous: driving while fatigued, distracted, or under the influence of alcohol or drugs; the good news is that alcohol-related motor vehicle fatalities are down across the fleet. The Naval Safety Center has tools and resources available to help train Sailors and Marines - particularly those under the age of 25 who are statistically much more likely to be killed or injured behind the wheel. One of the tools is the travel risk planning system (TRiPS), an on-line, automated risk-assessment tool that Sailors and Marines use before they go on liberty or leave, driving outside command travel limits. The system helps them recognize-and avoid-the hazards they may face on the highway.

While each of the five areas provide important support for department personnel, physical fitness can be viewed having some of the farthest reaching beneficial effects. Sailors and Marines must be ready to meet the demands of performing in a tactical environment, and physical readiness is a crucial link to ensuring Sailors and Marines are ready to take on the challenges the Navy and Marine Corps faces today, and will face in the future. As part of the 21st Century initiative, Sailors and Marines must maintain the highest level of sustained fitness with the ultimate goal of having the fittest, most deployment-ready force in the history of the Navy and Marine Corps.

"Sound minds and sound bodies are the fundamental elements of successful Sailors and combat readiness," said MCPON (SS/SW) Rick D. West. "The transition from a 'culture of testing' to a 'culture of fitness' means that we deliberately incorporate physical proficiency and holistic health into our daily routines rather than simply doing just enough to get by on tests twice a year. The more we do each day to improve our physical conditioning, the better prepared we are to handle stress, deployments, and unexpected situations.

Sometimes it's difficult to find the time or resources to get in a run or hit the gym, but if leadership and Sailors actively make those things part of their commitment to excellence, the pay-off is significant. We are not a sedentary Force ... we are forward-deployed, we are expeditionary, we are agile ... and we need to be physically ready as Sailors to answer any call at any time."

The Navy continues to build a culture of fitness as part of the physical fitness area, by urging Sailors to incorporate fitness into their daily lives. Adopting the "Fueled to Fight" program fleetwide will provide a nutrition strategy to increase high quality fuel (food, drink) fleetwide to meet the war fighter's nutrition needs. Additionally, Secretary Mabus is moving the DoN to be smoke-free by choice with a continued education campaign on the hazards of smoking, providing easy access to free cessation tools to every Sailor and Marine trying to quit and ending the discounts for cigarettes in Navy Exchanges and Marine Corps Exchanges. Ending the discounts will bring the prices up to 100 percent market pricing.

Ensuring all personnel, regardless of race or gender, are given every opportunity to excel and succeed is the hallmark of the program's forth area, inclusion. In order to operate globally, the Department of the Navy will need diversity of ideas, experiences, areas of expertise, and backgrounds to fulfill a variety of missions, while remaining relevant to the American people. Regardless of mission, in the Navy women are permanently assigned to all types of ships, aviation squadrons, afloat staffs, Naval Construction Force units and certain submarine platforms. The nature of today's ground conflicts is evolving; there are no front lines in Iraq or Afghanistan. Women in the Marine Corps are assigned to units and positions that may necessitate defensive combat actions - situations for which they are fully trained and equipped to respond.

There are many areas in which opportunities can be expanded for women to serve and contribute and the Marine Corps is taking a deliberate approach in identifying those areas.

A new DoN Diversity Office will be established, with the Assistant Secretary of the Navy (Manpower and Reserve Affairs) serving as the DoN's Diversity Officer. The Diversity Office will leverage, coordinate and formalize ongoing efforts within the Navy and Marine Corps and will include the heads of the Navy Office of Diversity and Inclusion, Marine Corps Office of Equal Opportunity and Diversity Management and the DoN Office of Civilian Diversity as team members.

"Diversity of Thought - Connectedness with America - Diversity is more important than race, ethnicity, or gender," said Sgt. Maj. Micheal P. Barrett, the 17th sergeant major of the Marine Corps. "We are committed to attracting, mentoring and retaining the most talented men and women who bring a diversity of background, culture and skill in service to our nation."

The final area, continuum of service, aims at ensuring Sailors and Marines are provided the most robust transition support in Department history. Whether retraining wounded warriors, providing voluntary education, or helping achieve civilian credentialing, the department will aim to provide personnel every opportunity for personal and professional growth.

The Navy's Credentialing Opportunities Online (COOL) program offers Sailors the opportunity to earn civilian certifications and licenses corresponding to their Navy ratings, collateral duties, and out-of-rating assignments. COOL is designed to further develop the personal and professional capability of the Navy Total force, enhancing force readiness.

Through each of the areas described in the secretary's address, the 21st Century Sailor and Marine initiative will realign many programs throughout the department and focus their combined efforts to ensure all personnel are not only mentally and physically prepared for the future fight, but that they will also have the knowledge, skills and support needed to succeed for the remainder of their lives.

"The 21st Century Sailor and Marine initiative is focused on the whole life of the individual and their family's lives. When a Sailor's or Marine's time in the military ends whether it is after four years or forty, we want your productive life to continue and for you to leave the service in better health, more trained and better educated than when you came in."

Army Charges Manning With Leaking Intelligence

Army News Service

FORT MEADE, Md.  – Army Pfc. Bradley E. Manning was arraigned here yesterday on 22 charges that include wrongfully releasing intelligence, theft of records and aiding the enemy.

Manning elected to defer his plea and also to defer the forum selection for his court-martial -- whether he will be tried by a judge or a panel. The court set a tentative date of March 15 or 16 for the next session to hear pretrial motions.

Manning was charged with aiding the enemy in violation of Article 104 of the Uniform Code of Military Justice. He also was charged with 16 specifications under Article 134 of the UCMJ: wrongfully causing intelligence to be published on the Internet knowing that it is accessible to the enemy.

He was charged with five specifications of theft of public property or records, in violation of 18 U.S. Code 641; eight specifications of transmitting defense information, in violation of 18 USC 793(e); two specifications of fraud and related activity in connection with computers in violation of 18 USC 1030(a)(1); and five specifications under UCMJ Article 92 for violating Army regulations 25-2, Information Assurance, and 380-5, Department of the Army Information Security Program.

If convicted of all charges against him, Manning would face a maximum punishment of reduction to the lowest enlisted pay grade, forfeiture of all pay and allowances, confinement for life and a dishonorable discharge.

Most of the 16 specifications against Article 134 relate to Manning giving "intelligence to the enemy, through indirect means" while at Contingency Operating Station Hammer, Iraq, between November 2009 and May 2010. He is charged with sharing illegally accessed intelligence with "a person not entitled to receive it."

Specification 10 of Article 134 says Manning obtained and then divulged five classified records relating to a military operation in Afghanistan’s Farah province on or about May 4, 2009, with reason to believe the information could be used to the injury of the United States or to the advantage of any foreign nation.

Sailors More Responsible; Less ARIs and DUIs in 2011

By Mass Communication Specialist 3rd Class Andrea Perez, Navy Personnel Command Public Affairs

MILLINGTON, Tenn. (NNS) -- With Navy-wide decreases in alcohol-related incidents (ARIs) and driving under the influence (DUI) reports in 2011 over past years, Sailors are reminded to stay responsible in 2012, officials said Feb. 6.

"Responsible alcohol use is knowing how much alcohol your body can handle," said Dorice Favorite, Navy Alcohol and Drug Abuse Prevention (NADAP) director. "Some people aren't aware of how much alcohol is in a particular drink and those who aren't educated on how much alcohol they can consume and still function, might drink too much and make irresponsible decisions."

Per OPNAVINST 5350.4D, alcohol and drug abuse undermines combat readiness and is incompatible with the maintenance of high standards of performance and military discipline. It is a severe detriment to the Navy's overall mission readiness.

"Alcohol abuse impacts the Navy's mission because every time we lose a Sailor, that means someone else has to pick up their responsibilities," said Favorite. "Our current campaign, 'Who Will Stand Your Watch,' talks about responsible use of alcohol and how someone's poor decisions have an effect on everyone else. Everybody is accountable and Sailors need to understand that when we lose them, it has an impact on everyone."

OPNAVINST 5350.4D defines responsible use as the application of self-imposed limitations of time, place, and quantity when consuming alcoholic beverages.

Alcohol shall not be consumed to the extent that it:

* Impairs rational and full exercise of a member's mental and physical faculties while in a duty status or in the performance of military duties;

* Reduces member's dependability and reliability;
* Reflects discredit upon the member personally or upon Navy;
* Results in behavior that is in violation of this instruction and/or the Uniform Code of Military Justice (UCMJ).

"Sailors who make poor choices and receive a DUI are subject to non-judicial punishment," said Favorite. "They also may be processed for administrative separation and receive counseling, and if the DUI happened in town, they will have court costs. So, there are great ramifications to a poor decision."

Violation of policies set forth in OPNAVINST 5350.4D subjects military members to the full range of administrative and disciplinary actions available. These include informal counseling, comments in fitness reports and evaluations, punitive measures, and administrative separation as required by the UCMJ.

"If a Sailor needs assistance for alcohol or drugs, we recommend that they refer themselves to their command Drug and Alcohol Program Advisor (DAPA), the chaplain or the Fleet and Family Support Center," said Favorite.

According to Favorite, to qualify as a valid self-referral, disclosure of alcohol abuse must be made to a qualified referral agent with the intent of acquiring treatment, and there can be no credible evidence that the member was involved in an ARI. If a member's chain of command initiates a referral, it may be based on any credible factor, including hearsay, personal observation, or noticeable change in job performance. Disclosure of alcohol abuse made to any person who is not a qualified self-referral agent may not shield the member from disciplinary action.

NADAP's mission is to support Fleet readiness by fighting alcohol abuse and drug use. For more information and resources visit the NADAP web page located under the Support and Services tab at NPC.navy.mil.

Pretrial Wraps Up for Alleged Document Leaker

By Donna Miles
American Forces Press Service

FORT MEADE, Md.  – The prosecution and defense rested today after delivering their closing statements in the Article 32 hearing of a soldier charged with leaking hundreds of thousands of classified documents.

Today’s session, which adjourned at about 10:30 a.m., wrapped up eight days of pre-trial proceedings in the case against Army Pfc. Bradley E. Manning that began Dec. 16.

An Article 32 hearing, often compared to a civilian grand jury, is a pretrial hearing to determine if grounds exist for a general court martial, the most serious of courts martial.

The investigating officer, Army Lt. Col. Paul Almanza, now has until Jan. 16 to issue his recommendations to the Special Court Martial Convening Authority, a Military District of Washington spokesperson told American Forces Press Service.

Alamanza may ask for an extension, if needed, the official said.

His report will recommend that the case be referred to a court martial, or that some or all of the charges against Manning be dismissed.

The Special Court Martial Convening Authority, Army Col. Carl Coffman, will then provide Alamanza’s recommendation to the General Court Martial Convening Authority, and indicate whether he concurs with it, the MDW official said.

Manning, an intelligence analyst, is suspected of leaking military and diplomatic documents to the whistle-blowing website WikiLeaks in what officials believe is the biggest intelligence leak in U.S. history.

WikiLeaks, in turn, released thousands of these documents, including classified records about the wars in Iraq and Afghanistan, on its website last year.

At the time, then-Defense Secretary Robert M. Gates and other senior defense officials condemned the organization’s actions, claiming the act put deployed service members at an increased risk.

The Article 32 hearing marked 24-year-old Manning’s first appearance in a military court since his arrest in Iraq in May 2010.

He faces more than 20 charges alleging he introduced unauthorized software onto government computers to extract classified information, unlawfully downloaded it, improperly stored it, and transmitted the data for public release and use by the enemy.

The charge of aiding the enemy under Article 104 of the Uniformed Code of Military Justice is a capital offense; however, the prosecution team has said it won’t recommend the death penalty, a legal official said.

If convicted of all charges, Manning would face a maximum punishment of life in prison. He also could be reduced to E-1, the lowest enlisted grade, face a total forfeiture of all pay and allowances and dishonorable discharge, officials said.

(Editors’ Note: Elaine Sanchez contributed to this article.)

Army Officer Faces Charges of Aiding Enemy in Iraq

American Forces Press Service

April 26, 2007 – U.S. military officials in Iraq have charged an Army officer with aiding the enemy by providing an unmonitored cell phone to detainees, along with other crimes. Lt. Col. William H. Steele has been charged with offenses under four articles of the Uniform Code of Military Justice.

Officials emphasized that the charges constitute only an accusation of wrongdoing, and that Steele is presumed innocent unless and until he's proven guilty in legal proceedings that follow.

Officials allege that Steele aided the enemy by providing an unmonitored cellular phone to detainees between Oct. 1, 2005, and Oct. 31, 2006, in violation of Article 104 of the UCMJ.

A second charge, under Article 134, alleges that Steele had classified material he was not authorized to possess, and that he willfully kept it and failed to deliver it to the proper authority.

Under Article 133 of the UCMJ, Steele also is charged with conduct unbecoming of an officer for allegedly fraternizing with the daughter of a detainee, and for allegedly providing special privileges to and maintaining an inappropriate relationship with an interpreter.

Officials also are charging Steele with storing classified information in his living space, improperly marking classified information, disobeying an order from the 89th Military Police Brigade deputy commander, possessing pornographic videos, and being derelict in his duties by failing to fulfill his obligations as an approving authority in the expenditure of field ordering officer funds - all under the UCMJ's Article 92.

(From a Multinational Corps Iraq news release.)

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