Lt Col Wilkerson sexual assault case

[sputnik]

If you've legally given up parental rights, do you have kids?

[Hueypilot]

I have a custody agreement and pay support, but I've yet to ever explain that or "prove" anything of that sort on a security clearance investigation.

Fact is, I wasn't even questioned at all about my divorce, prior relationships I may have had or any subject like that...

Back to the topic...any hiccups he and his wife may have had in the past is NOT a glowing neon sign that he's a sex predator.

[frog]

If you've legally given up parental rights, do you have kids?

No.

[Rusty Pipes]

You don't remember the part of the SF86 that asks you the names of your children? It is also one of the first things the investigator asks you about. On the first page of your SF86, it says if you have agreements involving child custody or support, be prepared to show documentation at your investigation.

Just because you don’t agree with a law doesn’t mean you can disregard it. Knowingly breaking laws speaks of someone’s character. Lying on a SF86 is a felony whether you agree with it or not.

If you have signed away all parental rights and custody to a child and are asked if you have children (even on an SF86) and you say no, you are not lying. I have had several TS and higher security investigations and re-investigations done in my career... not once in an interview have I been asked about my children... not once! BTW... I know the speed limit on the way to work this morning was 65... I was doing at least 75 the whole way (knowingly breaking the law); I hope they don't yank my clearance. I also hope that past discretions doesn't mean I'll be presumed guilty of a terrible crime by people like you 10 years from now because of my history of willingly breaking the law!

While it is unfortunate, I can say that I've known dozens of people in Squadrons who at some point cheated on their spouse (men and women) and the spouse found out about it, but they worked it out and are still together. This includes two current Squadron Commanders in Ops Flying Squadrons. If I heard they were in a similar situation as Wilkerson I wouldn't think for a second that the chick they hooked up with in Vegas that weekend or in K-Town on that trip 10 yrs ago meant they were predisposed to this type of behavior.

[guineapigfury]

Honestly, doesn't the past affair make him more credible? The wife he cheated on has his back, shouldn't that tell us something? I can't imagine most woman would forgive a dude for a second instance of cheating, especially if it happened in their house while she was there and was also rape.

[sputnik]

What does this mean?

"1993 Air Combat Command's Best Command Data Buffer Crew, Olympic Arena"

[brickhistory]

Just because you don’t agree with a law doesn’t mean you can disregard it. Knowingly breaking laws speaks of someone’s character. Lying on a SF86 is a felony whether you agree with it or not.

Really?

https://washingtonexaminer.com/napolitano-its-not-law-enforcements-job-to-decide-what-counts-as-enforcing-the-law/article/2527930

https://dailycaller.com/2012/06/15/obama-administration-enforces-some-laws-others-not-so-much/

https://www.huffingtonpost.com/2011/02/23/obama-doma-unconstitutional_n_827134.html

Surely it's not ok for the rules to apply to some and not others?

[M2]

Update.

More Details in Controversial Wilkerson Case

A command-directed investigation found that Lt. Col. James Wilkerson, the former inspector general for the 31st Fighter Wing at Aviano AB, Italy, "fathered a child as a result of an extra-marital affair." However, "because the incident occurred more than five years ago, it lies outside the statue of limitations for court-martial or Article 15 action under the Uniformed Code of Military Justice." That means Wilkerson cannot be tried for adultery or conduct unbecoming an officer, states a 12th Air Force release, which announced the CDI findings on June 12. Wilkerson was convicted of improper sexual contact with a female civilian base employee in November 2012, but 3rd Air Force Commander Lt. Gen. Craig Franklin overturned the conviction in late February citing insufficient evidence. The case has brought immense backlash from Congress and is just one of several Air Force sexual misconduct cases to spur a controversial debate on whether the UCMJ should be amended so the convening authority no longer has the right to overturn jury convictions (See below). The 12th Air Force release said "appropriate administrative actions" have been taken, but it does not provide any additional information. "In accordance with the Privacy Act, Air Force officials are prohibited from commenting further on administrative actions without the written consent of the individual involved."

And, in a related matter...

Senate Rejects Plan to Restrain Military Legal Authority

The Senate Armed Services Committee voted on June 12 to strike a proposal that would remove the authority to oversee the prosecution of military sexual assaults from the chain of command. The committee voted 17 to 9 in favor of an amendment sponsored by SASC chairman Sen. Carl Levin (D-Mich.) over a proposal by Sen. Kirsten Gillibrand (D-N.Y.) In its place would be a provision that requires an independent review by the next higher level of the chain of command in cases where a commander decides not to prosecute a sexual assault allegation. However, Gillibrand found the provision "insufficient" as it will not adequately address victims' fear of retaliation. She said a distinguishing factor of her bill was that it requests a set of military lawyers, who do not report to the chain of command, to make decisions independently. She argued that commanders are not creating a climate where victims believe they can report without "being blamed, being retaliated against, being marginalized." Levin said the new provision addresses the problem of retaliation by making it a crime and establishing an expectation that commanders will be held accountable for creating that climate in which victims fear retaliation. (Gillibrand statement following SASC vote)

[Prosuper]

Not to be officer bashing but its time to totally get the chain of command out of the justice system and have a separate all civilian legal branch for the DOD only answerable to the SECDEF. But on a side note how do field grade,flag grade officers and SNCO's expect to lead troops when the enlisted guys don't neither trust nor respect the ones appointed over them. Without trust in this business you have nothing, might as well join the corporate world and wear slacks and polo shirt and screw everyone around you to get to the top.

[Smokin]

Not to be officer bashing but its time to totally get the chain of command out of the justice system and have a separate all civilian legal branch for the DOD only answerable to the SECDEF. But on a side note how do field grade,flag grade officers and SNCO's expect to lead troops when the enlisted guys don't neither trust nor respect the ones appointed over them. Without trust in this business you have nothing, might as well join the corporate world and wear slacks and polo shirt and screw everyone around you to get to the top.

Maybe we should just disband the chain of command system entirely. We could have a panel of civilians who direct all military actions at all levels, that way we don't have to worry about enlisted guys not trusting or respecting those appointed over them. Airman Snuffy showed up to work 2 hours late, let's have a panel of civilians review if he should be punished.

[Prosuper]

Maybe we should just disband the chain of command system entirely. We could have a panel of civilians who direct all military actions at all levels, that way we don't have to worry about enlisted guys not trusting or respecting those appointed over them. Airman Snuffy showed up to work 2 hours late, let's have a panel of civilians review if he should be punished.

Well if your not being a sexual predator on your troops you should be OK but if the chain of command of the abused are the abusers what do you think of a rape victim should do then? This definitely will not look good on the wing ppt slides.

[sqwatch]

Not to be officer bashing but ...

Standing by for officer bashing

its time to totally get the chain of command out of the justice system and have a separate all civilian legal branch for the DOD only answerable to the SECDEF.

The higher the rank, the higher the responsibility. With that comes the authority necessary to carry out the responsibility that, at the three star level, I am not envious of. Consider for a moment that someone who makes a three star rank is very aware that his decisions will be scrutinized by congress - he knew his decision was a career ender yet made it anyway. Whether or not it was the correct decision, this is quite a display of integrity IMO.

Without trust in this business you have nothing,

Maybe. I understand that I have to earn my subordinates trust. Trust is a fragile thing, and once it’s lost, it's very difficult to get back. However, you painting in such broad strokes is a bummer. I've had good and bad bosses (more good than bad). If I assume that since I had one poor commander that the rest are all of the same caliber and I carry with me an attitude that reflects that, things will become very difficult for me. On the flip side, I hope to earn my subordinates trust, but if a subordinate takes a stance such that you espouse without giving me a fair shot, I will take issue with said subordinate. However, I agree the behavior of a few and the over-the-top attention the media is giving to a few individuals is unhelpful.

when the enlisted guys don't neither trust

or

when the enlisted guys don't neither trust

FIFY

[Prosuper]

Maybe. I understand that I have to earn my subordinates trust. Trust is a fragile thing, and once it’s lost, it's very difficult to get back. However, you painting in such broad strokes is a bummer. I've had good and bad bosses (more good than bad). If I assume that since I had one poor commander that the rest are all of the same caliber and I carry with me an attitude that reflects that, things will become very difficult for me. On the flip side, I hope to earn my subordinates trust, but if a subordinate takes a stance such that you espouse without giving me a fair shot, I will take issue with said subordinate. However, I agree the behavior of a few and the over-the-top attention the media is giving to a few individuals is unhelpful.

In my 23 year career I worked with good and the bad when it came to officers, being in MX I have had my share of knuckleheads. I have also worked with men I would lay down in traffic for. The only way as a military to get rid of these sexual deviants especially if they are they are in the chain of command is to be able to report to someone outside the chain who has the power to prosecute and investigate. If this keeps going our civilian leadership will impose something that none of us will like. I have also seen our in place system also work costing a former 552 ACW Wing CC his star and career, but nobody remembers the million successes just the failures.

[Fud]

Seems the best place to put this even though it does not relate directly to this case. We aren't the only force out there addressing these issues but as it seems they so often do the Aussies have taken a more "no-bullsh!t" stance. Simple, direct and uncomprising. Covers it better than any briefing, powerpoint, or commanders letter to date.

I think this video is best to be put anywhere. The Australian COA in the video hits the nail on the head, but for a very different issue. I'm not familiar with the particulars yet, but I think he is talking about people distributing some type of obscene material involving fellow Aussie Army members. It is unfortunate, as is the Lt. Col Wilkerson case in what has recently come to light.

[Toro]

The thread derailment from the ousting of Cannon Crash Pad / Pick Your B@tt!es has been moved Continue discussion.

[BattleRattle]

https://www.airforcetimes.com/article/20130628/NEWS05/306280022/Lawmakers-want-Wilkerson-kicked-out-Air-Force

Lawmakers want Wilkerson Kicked Out of the Air Force.

[Hacker]

Rep. Jackie Speier, D-Calif., called on the Air Force to “convene an involuntary discharge board” and conduct a grade determination that would demote Lt. Col. James Wilkerson to his rank at the time of his affair in a June 21 letter to Acting Air Force Secretary Eric Fanning. Twenty-five members of the House of Representatives signed the letter.

Yet again...."Unlawful Command Influence" seems to be a term that is completely unknown to civilian lawmakers when they comment on UCMJ cases.

A reminder of the results of the previous round of commentary from civilian leadership:

https://www.stripes.com/judge-obama-sex-assault-comments-unlawful-command-influence-1.225974

[pawnman]

https://www.airforcet...d-out-Air-Force

Lawmakers want Wilkerson Kicked Out of the Air Force.

I'm sure big blue will determine it in their best interests to allow him to retire with full benefits. Pretty sure he's not getting promoted, no matter what the outcome of any of these cases is in the end.

[HeloDude]

I'm sure big blue will determine it in their best interests to allow him to retire with full benefits. Pretty sure he's not getting promoted, no matter what the outcome of any of these cases is in the end.

Why wouldn't he get to retire with full benefits??

[pawnman]

Why wouldn't he get to retire with full benefits??

I don't know enough to say he is guilty or innocent.

I do know that this is more the heart of the problem than any number of songbooks, pin-ups, or dirty jokes: senior leaders get caught with their hand in the cookie jar, and their "punishment" is the same retirement most people are working towards. The fact that senior leaders, when found out in these sorts of scandals, are "punished" by not having to work and continuing to make more on a monthly basis than the majority of the enlisted force just for breathing. It doesn't exactly send the message the Air Force is looking for.

Again, I don't know if this is the case for Wilkerson. I'm sure we'll find out. But just allowing senior officers to retire isn't exactly "holding them accountable".

[Azimuth]

He should retire in the last grade that he held honorably. If that's 1Lt/Capt, oh well.

[17D_guy]

https://www.washingtonpost.com/wp-dyn/articles/A64246-2005Jan10.html

See - Maj. Gen. Thomas J. Fiscus

I remember when this guy got "the boot" reduced from Maj Gen to Col for retirement. His lawyer defended the Art 15 only punishment it to the masses as, "look how much cash he's losing for the rest of his life."

Meanwhile we had quite a few E's folks getting popped for lesser/shorter infractions and getting jail time/separated.

Some of the "older" guys still bring it up.

[Hotdogs]

I do know that this is more the heart of the problem than any number of songbooks, pin-ups, or dirty jokes: senior leaders get caught with their hand in the cookie jar, and their "punishment" is the same retirement most people are working towards. The fact that senior leaders, when found out in these sorts of scandals, are "punished" by not having to work and continuing to make more on a monthly basis than the majority of the enlisted force just for breathing. It doesn't exactly send the message the Air Force is looking for.

Again, I don't know if this is the case for Wilkerson. I'm sure we'll find out. But just allowing senior officers to retire isn't exactly "holding them accountable".

So a dude makes one huge mistake and you completely discount his entire career of service? and including his retirement? By that logic, civilians should have their company's matching 401k benefits and interest stripped of them as well, and fired. Regardless of him getting a retirement, losing 0-5 pay and going to retired 0-5 pension isn't exactly what I would called easy to manage if it happened unexpectedly, nor would be getting a job after your employers find out about your sexual assault history.

[pawnman]

So a dude makes one huge mistake and you completely discount his entire career of service? and including his retirement? By that logic, civilians should have their company's matching 401k benefits and interest stripped of them as well, and fired. Regardless of him getting a retirement, losing 0-5 pay and going to retired 0-5 pension isn't exactly what I would called easy to manage if it happened unexpectedly, nor would be getting a job after your employers find out about your sexual assault history.

Just ask, what would the Air Force do to a TSgt who made the same mistake? I'm pretty sure it isn't a retirement (which, correct me if I'm wrong, is automatically an honorable discharge).

I don't really care what civilian companies do. Most of them aren't purging the ranks of all fun because a few guys screwed around. As long as our senior leaders keep telling us how important it is to prevent and punish sexual assault, while avoiding most of the consequences when they do it themselves, it will be hard to take them seriously.

[Danny Noonin]

Just ask, what would the Air Force do to a TSgt who made the same mistake?

Was the TSgt's conviction upheld by the convening authority?

Wikerson's was not. Therefore he is legally not guilty of a crime. So on what grounds do you think his retirement should be withheld?

There is a system a laws at play and you can't just withhold benefits because you think a guy is a dirtbag. Same theory whether TSgt or Lt Col.