Hagel seeks to limit convening authority powers under UCMJ

News > Hagel seeks to limit convening authority powers under UCMJ

Hagel seeks to limit convening authority powers under UCMJ

Posted 4/8/2013

Email story Print story

by Karen Parrish
American Forces Press Service

4/8/2013 - WASHINGTON (AFNS) -- Defense Secretary Chuck Hagel will ask Congress to change military law so that commanders cannot overturn major convictions, the secretary announced in a written statement issued today.

Article 60 of the Uniform Code of Military Justice currently gives power to "convening authorities," or commanders, to set aside a conviction or decrease punishment following a court-martial, although convening authorities cannot change a "not guilty" verdict or increase a sentence.

Under the secretary's proposed changes, a convening authority would no longer have the authority to set aside a conviction for major offenses such as sexual assault. The accused will continue to have the right to appeal the conviction. Also, convening authorities would be required to explain in writing any changes made to the findings or sentences of a court-martial.

"These changes, if enacted by Congress, would help ensure that our military justice system works fairly, ensures due process, and is accountable," the secretary wrote in today's statement. "These changes would increase the confidence of service members and the public that the military justice system will do justice in every case."

His proposal has the full support of the Joint Chiefs of Staff and the service secretaries, Hagel said. "I look forward to working with Congress on these proposals and others to improve accountability for these crimes," he added.

Hagel ordered a review of Article 60 in March, after convening authority Lt. Gen. Craig Franklin, the 3rd Air Force commander, overturned the sexual assault conviction of Lt. Col. James Wilkerson. Last year, a panel of military officers found Wilkerson guilty in court-martial proceedings at Aviano Air Base, Italy. The judge sentenced him to a year in prison and dismissal from the Air Force.

Franklin was the convening authority for the court-martial and reviewed the finished case and sentence. The general used his Article 60 authority to dismiss the charges against Wilkerson, who returned to service and was reassigned.

Defense officials speaking to reporters on background today said the proposed changes to Article 60 are not based on that case alone, but are part of a range of comprehensive actions the department has taken and will take related to sexual assault in the military.

Hagel acknowledged in his statement that despite the efforts of senior leaders throughout the department, the crime of sexual assault "is damaging this institution."

Thousands of victims in DOD, both male and female, have seen their lives and careers upended by sexual assault, Hagel said.

"And that is unacceptable," he said in his statement issued today. "The current situation should offend every single service member and civilian who, like me, is proud of their association with the United States military."

The secretary said he is reviewing other options to strengthen the department's sexual assault prevention and response efforts, and he will announce his decisions soon.

"Consistent with the 2013 National Defense Authorization Act, I will soon be naming individuals to sit on independent panels to review and assess the systems used to investigate, prosecute, and adjudicate crimes involving sexual assault, and judicial proceedings of sexual assault cases," Hagel said. "I will closely review their recommendations when complete."

The secretary said he's committed to taking steps that bring about tangible change and real results.

"Addressing the problem of sexual assault will remain a top priority for the department's leaders for as long as this crime continues to hurt our people and weaken the force," Hagel said.

Comments

4/14/2013 1:04:32 PM ET
LtGen Franklin did what he thought was right he listed so in a WKRG article which you can all google since the comments section doesn't allow HTML links. I am not defending the General's actions or decisions besides nothing can be done now. But there is some consolation the General is now on the naughty list for about 20 female senators his career is essentially over and he will never get a 4-star billet. Lt Col Wilkerson's career is also over - in addition when he tries to get a job on the outside his name will be associated with the word rape.

Disgusting, What can you do

4/12/2013 2:18:29 PM ET
And are these same courtesies applied to the enlisted force Not hardly Thats why it should be a requirement that all personnel officer and enlisted alike go through the appeal process. Putting aside the decision made by LtGen Franklin these types of dismissals or set-asides have been going on for years. Its time they were stopped.

SNCO Ret, Scott

4/10/2013 5:50:32 PM ET
IM Dunn and Frozen Airman are right about potentially setting bad precedence and disallowing the military to police its own processes. Perhaps Gen Franklin saw something the jury did not. We do not know. But for OLB to flagrantly question the generals integrity as a fellow flier and golf buddy is ridiculous. Perhaps the generals very integrity in light of all aspects of this case compelled him to make a tough and unpopular decision even if at the likely risk of future assignments and promotion.

JAFSO, Saddle Rock CO

4/10/2013 1:35:19 PM ET
The shame does not lie with the Secretary of Defense. The shame lies on our institution for permitting the conviction to be set aside by the convening authority. The fact remains that this Lt Col was found guilty by a jury of his peers who heard all of the evidence. In spite of the legal advice he received Lt Gen Franklin set aside the conviction which he had the right to do. A more appropriate course of action would have been to let the Lt Col use appeals process that is available to military members. This miscarriage of justice should outrage all of us.

AF Civilian, Undisclosed

4/10/2013 10:01:32 AM ET
We have TI's getting court martialed here every week it seems. Not one conviction has been overturned and rightfully so. While a Lt Col IG gets a break. Take down the zero tolerance signs and replace them with the double standard sign. Regardless of LTG Franklin's reasoning this is a black eye on all of us in Air Force Blue

PW LAFB, Lackland AFB Texas

4/10/2013 10:00:47 AM ET
I'm very concerned about the precedent this sets. If I were an Area Defense Counsel I would use this decision as an opening to call into question the entire military justice system. I agree with IM Dunn if we suck this bad just have SFS do perimeter security and speeding tickets get rid of OSI and use the FBI and the civilian federal court system. So much for over 200 years of history.

Airman, Frozen Tundra

4/10/2013 9:00:29 AM ET
IM Dunn do you actually think it is fair for a General to dismiss a case after an individual has been found guilty of the crime they committed This has nothing to do with female senators or anything else. This man committed a crime was found guilty of that crime which was subsequently thrown out by the General for what reason What reason could he have had for negating a guilty verdict other than he is a fellow flier and probably golf buddy of the general.

OLB, US

4/9/2013 3:48:05 PM ET
Shame on you Mr Secretary. On top of the Congressionally-mandated Force Structure Panel on future Air Force mix we now have this slap in the face. More telling the Air Force how to suck the egg. Has General Franklin not adequately explained his rationale to the GC community Amazing what influence 20 female senators can wield. Maybe we ought to toss the UCMJ and turned over these cases to the FBI

IM Dunn, COSCO

4/9/2013 3:12:05 PM ET
The solution may end up being bad as well. What the Secretary and the Chiefs should do is take action against a commander who abuses his authority. If they fired a few generals who didn't act in the best interests of the military then they wouldn't have this problem to begin with. Of course they might not have any generals left either.

Don, USA

4/8/2013 6:44:11 PM ET
Not only was Wilkerson reassigned he was PCSed to the victim's hometown. How 'bout them apples

PB, US

Add a comment