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Friday, November 23, 2012

OBAMA DONT CARE ABOUT OUR TROOPS SENDING THEM OUT TO GET KILLED

Highest Military Court Denies Green Beret’s Appeal

The Court of Appeals for the Armed Forces has denied former Army Green Beret Sgt. 1st Class Kelly A. Stewart‘s appeal of the wrongful conviction and sentence handed down by a court-martial panel in Germany almost 39 months ago.
The CAAF decision came today, almost four months after the Army Court of Criminal Appeals affirmed the soldier’s conviction and sentence.  Stewart’s sentence came at the end of a two-day military trial in August 2009 during which Stewart was found guilty of a handful of sexual assault charges after a German woman alleged she had been raped and kidnapped by the soldier.
Now, unless the highly-decorated combat veteran receives a presidential pardon, he will likely bear the “sex offender” label for the rest of his life.
To gain an understanding of how Stewart’s prosecution went down, read “THE BASICS” of his case.
To read the never-before-published details obtained through interviews with the key players and access to the actual Record of Trial, order a copy of the book, Three Days In August:  A U.S. Army Special Forces Soldier’s Fight For Military Justice.  a
Three Days In August is available in paperback and ebook via most online booksellers, including Amazon.com.

Green Beret’s Dad Delivers Veterans Day Message

EDITOR’S NOTE: Below, minus its ceremonial portions, I share excerpts of a speech delivered Saturday by CMSgt. John Stewart (Ret., USAF) at a Veterans Day commemoration event in Inverness, Fla. Chief Stewart is a veteran of more than three decades of service in Air Force Special Operations that included service in Vietnam. He is also the father of former Army Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose wrongful conviction is chronicled in my book, “Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice.”

Above: Kelly Stewart with his dad, John.
Good afternoon to you my fellow veterans, to our dignitaries present here today, and especially to the Citizen Patriots who came here to honor and remember our nation’s heroes.
I thank you so much for this opportunity.
My wife and I returned a couple weeks ago from a camping trip on our first real vacation in nearly 15 years.
Part of our vacation was spent in Branson, Mo., to see their fantastic entertainment which was truly wonderful. I found something else remarkable about Branson.
It was one of the most patriotic places I have ever visited.
Every show we attended made a point of honoring veterans in attendance. Most business signs and theater marquees in town always include something like, “Thank You Veterans for Serving” or “God Bless Our Veterans.” This occurs in Branson every day of the year.
As it should be done, all across America every day.
Even their city park was converted to a beautiful veterans tribute with, monuments and flag lined walkways with red, white and blue flowers. Something that would be really nice to see right here in Inverness.
While in Branson I wore my old golf hat that has a Vietnam Veteran logo on the front. In doing so waiters, theme park workers, and tourists, heck people galore, were continually coming up to me when they saw my hat, to say… thanks for serving our country. It was a great feeling.
All that display of Branson patriotism kinda got to me, particularly as Veterans Day and this ceremony approached. On the drive home I gave some serious thought about patriotism around our country and how good, or bad, ALL of America supports veterans…. not only today, but in past decades.
I realized during our long drive back to Florida that somehow we had begun over the past 30 to 35 years to lose some of our inner spirit in this country.
I also realized that many in our great nation were forgetting patriotism and, what is truly sad, more and more they were forgetting our military veterans, especially those in need. If it continues in this vain our future looks very, very bleak.
It is why I stand here today to speak to you. I am deeply concerned about the upcoming budget cuts, planned reductions in forces, and the many other military changes currently in planning stages of our government that without a doubt will impact an already existing flawed veterans support system. Without continued emphasis on supporting those who served our country in uniform I fear we will be forgotten. That must not occur. THEY MUST REMEMBER US!
I will personally always remember those who served America, no matter the service branch, no matter the era, no matter the war.
For example, I remember June 6, 1944! Better known as D-Day.
At dawn, Army Rangers jumped off a landing craft and ran to the bottom of cliffs along white beaches that had been turned red from the blood of heroes. Their mission was to climb sheer and desolate cliffs and take out the enemy guns trained on the beaches with a mission to destroy our troops and equipment.
The Rangers looked up at a horrific scene. Enemy soldiers at edge of the cliffs shooting down at them with machine guns and throwing grenades.
But the Rangers shot rope ladders over the face of these cliffs and began to pull themselves up through the withering fire and explosions.
The heroes began to climb. When one Ranger fell, another would take his place. When one rope was cut, a Ranger would grab another one and begin his climb, again, through hell.
Finally, one by one, the Rangers pulled themselves over the top, and in seizing the firm land at the top of those cliffs, they began to take back the continent of Europe from a dictatorship of hell itself.
Two-hundred and twenty-five Rangers climbed the cliffs that day.
After two days of fighting, only 90 of those original 225 heroes could still hold a weapon.
THEY KNEW ONE’S COUNTRY IS WORTH DYING FOR.
They trusted that we would ALWAYS REMEMBER their heroism.
However, does America really remember sacrifices of those Rangers, or the millions of other military personnel who sacrificed everything in the past 236 years to maintain the freedoms provided by our wonderful Constitution?
Sure, moments like today and Memorial Day we always seem to remember, but I do not believe that memory exists year-round.
And there could be many reasons why I believe this has occurred. I know we are exhausted of war after a decade of fighting in Iraq and Afghanistan that, even today, has no true end in sight.
That fact, alone, could lead us to forgetfulness.
However, I think I know when we really began to forget our heroes…
It was the politics and tragedy during, and in the aftermath, of the Vietnam War that caused America to do so.
I was there, and it was a war from hell, fought in hell, and America’s citizens put their heads in the sand to forget. Unfortunately some of America dishonored our veterans here at home while veterans were fighting in that hell.
Most of America dishonored them when they returned home.
And by doing so… America dishonored all citizens who have served in uniform at any time in our history.
It was not that America did not care. We just did not want to know… or remember… or honor… or, sadly, even help our Vietnam veterans.
We forgot that over 11,000 of the names on the Vietnam Wall in Washington are 19 years old or younger.
We forgot that 75,000 Vietnam Veterans were severely disabled.
For example let’s use the actual 2010 population figures of Inverness as a comparison and pretend that every citizen in our town served in the Vietnam War. Seventy-three percent of our town would have lost an arm or leg. Fifteen percent of us would have sustained multiple amputations.
Those terrible disabilities would not be the only impact upon us here. Fourteen percent of Inverness would have been killed on their first day in the Vietnam War.
Despite those horrendous statistics, America has looked away for decades.
As example, in 2008 it was reported that our country had 154,000 homeless veterans and America complacently accepted recent atrocious Veterans Administration bragging that things are improving and “ONLY” 60,000 veterans are homeless today. They did not brag that one-third of all homeless in this country are veterans.
But VA’s leadership quickly brags everyday about many things. Such as a supposed improvement in areas like veteran unemployment, homelessness, claims improvement, medical support, etc, etc., etc. They talk a good game but I haven’t seen many touchdowns.
VA ALSO DID NOT BRAG THAT 47 PERCENT OF THE HOMELESS VETS ARE VIETNAM ERA VETERANS.
After the Vietnam War, our heroes returned to a country that was weary and complacent.
The war had finally and tragically come to an end.
It was over and we indulged ourselves in the notion that the world was now safe.
A booming economy was going to be ample substitute for a strong military and we could reduce our forces and forget them.
Somehow we came to accept a belief that freedom under God was free and, if not, we could buy it.
At the same time politics became a toilet bowl operation and we seemed to think that by electing self-serving, uncaring, military hating politicians it would not harm us as a nation.
Why? Because we stupidly believed there was little need any more to maintain vigilance towards the world’s bad guys. A strong military was no longer needed.
Peace had arrived in America. Veterans didn’t need us and they could take care of themselves.
Peace existed on our planet.
Obviously peace did not arrive judging by the events of 9/11, Operation Iraqi Freedom, Operation Enduring Freedom, and the recent attack on our consulate in Libya killing our ambassador and others.
We completely forgot that price of freedom has always been eternal vigilance backed by a strong military that is prepared to prevent war.

Not start war, my fellow citizens… a military to prevent it.
But it must be a military that America totally supports. A military that is remembered and honored.
And it must be a military that America promises to take care of when they return home. Including families that have suffered for so long from so many deployments or even loss of their loved one.
We are not fulfilling promises.
Abraham Lincoln made a promise to veterans. He said our country would take care of them, but it is a commitment that is failing in many, many areas.
For example, take a look at supposed programs that would combat suicide among our military personnel.
Suicide rates in our military are off the scale. In June it was announced we were averaging one active duty or reserve military suicide per day during 2012. That number has since increased to new records. The Army’s Chief of Staff recently said that suicide is the most frequent cause of death among Army forces, surpassing combat deaths and motor vehicle accidents combined. The suicide rate for the Army is up 15 percent over last year. For the Marine Corps it’s up 28 percent. The entire military’s across the board suicide rate is up 22 percent from last year. 38 active duty and reserve heroes took their lives in July, alone.
I could find no statistics for those who have been discharged, but it must be astronomical.
However, I could find statistics for post-traumatic stress disorder, better known as PTSD, which is a major cause of veteran’s suicides.
Millions of Americans have served in Iraq and Afghanistan; on as many as 7 tours of duty in the wars and I am sure there are more tours to come.
A recent VA report revealed that nearly 30 percent of veterans who served in conflicts in Iraq and Afghanistan that have been treated at VA hospitals were diagnosed with PTSD. Yet many people in this country have forgotten them. Even worse, our government is forgetting them. Headlines seem to appear every single day in the Chronicle concerning budget cuts on our military.
Those same headlines seem to continually report about the Veterans Administration’s struggles to help our troops.

I’ve asked myself, WHY IS THIS HAPPENING IN OUR VA?
Unfortunately, I think I know why. It is not the every day worker in VA diligently trying to get the job done that is causing our problems. Despite having to deal with poor management and outdated procedures, VA has some tremendous people doing their best to help us. As example, we are extremely fortunate right here in Citrus County to have Chuck Fettes, Sam Dinnino and their staff at our County Veterans Service Office who work hard to support veterans.
But the VA has over 300,000 employees around the country, second largest branch in the Federal Government and veterans should be completely taken care of. It is not happening.
Listen to this example. About two weeks ago a former special assistant to the Secretary of Veterans Affairs said, “I’ve just never seen an organization that has so much money and so many employees, and such incompetence.”
I believe incompetence comes from failed leadership and failed management.
As example, since 2005, the VA has held over 1,600 employee conferences, if you can believe it, while spending, if you can also believe it, an estimated $300 million. That works out to a conference every one and a half days.
The most expensive meeting totaled a jaw-dropping $6.3 million… In an ironic twist, the title of that conference was, “Financial Management Training.”
Obviously, the Veterans Administration cannot fulfill Abe Lincoln’s promise. Some of it is has been caused by budget cuts. But, it is compounded by poor management, unrealistic paperwork, nearly a million backlogged compensation claims, and a huge influx of veterans needing help after so many deployments.
This is absolutely and positively wrong!
Veterans DO NOT DESERVE government red tape.
Veterans DO NOT DESERVE government budget cuts.
Veterans DO NOT DESERVE government broken promises.
Veterans DO DESERVE to get prompt high-quality medical care.
Veterans DO DESERVE to get rapid responses to their compensation and benefit claims.
And our government must make damn sure those who return from battle that are prone to PTSD, divorce, and suicide, GET THE HELP AND COUNSELING THEY NEED.
It is our government’s responsibility to take care of her veterans.
BECAUSE
WE VETERANS TOOK CARE OF OUR GOVERNMENT!
Yes, we must honor and take care of those serving today, but at the same time those we have lost must be remembered by America.
Not just on holidays but very single day of the year!
President Ronald Reagan once said, “Most of those who died in defense of our country were boys when they died, and they gave up two lives – the one they were living, and the one they would have lived. They gave up their chance to be husbands and fathers and grandfathers…. They gave up everything for their country – for us.”
All we can do is remember.”
And we must start remembering before it is too late.
One very important thing we must remember is that our country is only as strong as our people. We must remain resolved and focused while being prepared to fight for freedom and, if necessary, commit wholeheartedly to fighting for that freedom.
This includes defeating today’s enemy. An enemy best described as an animal. An animal becoming stronger and smarter every single day. An animal that because of misguided ideology uses unbelievable methods on a daily basis to kill our troops. Even if it means killing or maiming their own innocent men, women and children in the process.

They will put on a uniform that America bought for them, we then train them, and they pretend to be our ally and friend. Then, as only a coward would do, they kill our young soldiers with a shot in the head from behind. Over 55 Coalition troops have been killed in 2012 by those we thought were our allies.
Simply said, our enemy is an animal that demands we accept their rule of ideology.
Nothing more, nothing less.
You may think you are far removed from those animals down here in our little paradise. But, Inverness is as much at risk for an attack as New York and Washington, D.C.
Given the opportunity for another 9/11 atrocity, our merciless enemy would do it today, tomorrow, and every day thereafter.
It could happen anywhere, anyplace, anytime.
The only stopgap from that happening is a strong military. But it must be one totally, and absolutely, supported by our citizens. People like you patriots who came today and, Ladies and Gentlemen, I commend you for taking the time to be here. From the bottom of my heart and all veterans present we thank you. But, we must consider one point.
We have over 140,000 citizens in Citrus County and we should have standing room only, clear down to the lake and out to Gospel Island.
That did not happen today and it is indicative of how many in our America continue to forget us, to honor us and to support us.
Where are the missing people today? Watching football?
Perhaps at the Homosassa Seafood Festival?
Maybe down the road at the Citrus County Builders Association Show?
I’d like to know who in the hell has the audacity to schedule such events at a time when they should be honoring America’s heroes? I am sure they have an excuse, but there is no excuse as far as I am concerned for dishonoring us in this fashion.
Do they care?

Or, are they continuing to put their heads in the sand instead of remembering and honoring those who served and are serving our country? I’ll let you decide.
Well, ladies and gentlemen, I have been truly honored to be selected to appear here today and given the opportunity to speak to you from my heart. I’ve tried to tell you how veterans who served our country are being unfairly treated.
Because of that stance, I simply can’t leave this podium with the usual generic Veterans Day speech signoff.
It would be unfair to those here today that at their moment in our history and at a moment in your history raised a right hand, put on a uniform and swore to offer their lives to maintain our freedoms.
It also would be unfair to those who have lost their lives defending world freedom.
We need to let those who DID NOT come today to know that…
YOU GREAT CITIZENS DID COME.
AND THAT YOU AS AMERICAN PATRIOTS DO CARE.

AND THEY WHO DID NOT COME MUST DO SO IN THE FUTURE!
In a moment, I am going to introduce you to the veterans present here by having them stand up by branch of service to be honored.
I ask that you remain silent as they stand, even after all are standing. You will have a chance later to acknowledge their service.
By their standing in silence for a couple moments before we acknowledge their service it will symbolize a personal salute by us to our brothers in arms that have been hospitalized, lost, or are being held as prisoner of war.
It will also show OUR SADNESS AS MILITARY VETERANS that so many in Citrus County did not come to honor us today but chose to go to a builder’s show, eat seafood, or watch football on TV.
May the Lord Bless each of you, may He watch over our troops in harm’s way and may He continue to Bless the United States of America.
“Three Days In August” is available in paperback and ebook via most online booksellers, including Amazon.com. His second book, “The CLAPPER MEMO,” is set for release this fall.

Ads Deserve Voters’ Attention

My friends at SpecialOperationsSpeaks.com ran two advertisements in The Washington Times this week. Both deserve the attention of every American voter.
Click to download ad (pdf).
The first ad (above) features the names of more than 500 flag officers (i.e., retired admirals and generals) who endorsed Mitt Romney’s campaign for president and ran early this week. The second ad (below) ran today in a 40-story special section of the newspaper and calls for an investigation of potential high crimes and misdemeanors related to “BenghaziGate,” the tragic and preventable series of events that took place Sept. 11, 2012, and resulted in the deaths of four Americans at the U.S. Consulate in Benghazi, Libya. Please download and share both ASAP!
Click image to download ad (pdf).
FYI: The folks at Special Operations Speaks endorsed my book, “Three Days In August,” which chronicles the life and wrongful conviction of former Army Green Beret Sgt. 1st Class Kelly A. Stewart. To learn more about it, read this post on the SOS Noble Warriors webpage.
Bob McCarty is the author of “Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice,” a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, “The CLAPPER MEMO,” is set for release this fall.

Facebook Censors Special Operations Veterans

Mark Zuckerberg‘s social networking gurus at Facebook seem to think the men and women of Special Operations Speaks, who’ve spent much of their lives fighting on behalf of their fellow Americans do not deserve the freedom to exercise the rights guaranteed them under the First Amendment — at least, not when that exercise involves criticizing President Barack Obama days before an election about his mishandling of and lying about Sept. 11 events in Benghazi, Libya.
On Saturday, a Benghazi-focused meme (above) was posted on the organization’s website by Political Media Inc. President Larry Ward, the man who handles SOS social media and publicity efforts.  It’s message:  “Obama called the SEALs and they got Bin Laden.  When the SEALs called Obama, they got denied.”
Twenty-four hours later, Ward was informed by Facebook monitors that he had violated Facebook’s Statement of Rights and Responsibilities with the meme.  As a result, the SOS account was suspended for 24 hours.  At last check, the meme is back up on the SOS Facebook page.
Before the election next Tuesday, please consider donating to Special Operations Speaks and spread the word about how Obama denied assistance to people on the ground, including one U.S. ambassador and two former Navy SEALs, in Benghazi.
FYI:  I applaud the guys at Special Operations Speaks for taking a courageous stand on this issue and also for endorsing my book, “Three Days In August,” which chronicles the life and wrongful conviction of former Army Green Beret Sgt. 1st Class Kelly A. Stewart.  To learn more about the book, read this post on the SOS Noble Warriors webpage.
Bob McCarty is the author of “Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice,” a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, “The CLAPPER MEMO,” is set for release this fall.

‘Three Days In August’ Marks One-Year Anniversary as Second Book Nears Completion

Chronicling the life story and wrongful conviction of Army Green Beret Sgt. 1st Class Kelly A. Stewart, “Three Days In August” turned one-year old this week.  At the same time, my second book, “The Clapper Memo,” is inching closer and closer to publication.
During the past 12 months, I’ve had many opportunities to share the basics of Stewart’s story and have found many Americans nod their heads and empathize with the highly-decorated combat veteran’s plight but refuse to engage — by reading the whole story, that is — and speak out on behalf of those in uniform who have been victimized by the military justice system.  I hope that changes.
Regardless, I will continue to tell Stewart’s story and to tell the stories of others who, after reading “Three Days In August,” have approached me with stories of their loved ones — usually husbands and sons — that are eerily similar to Stewart’s.  In addition, I will begin sharing details of another story.
My second nonfiction book, “The Clapper Memo” is set for release this fall and tells the story of a 40-year-old turf war few Americans even realize is taking place.
What started out in April 2009 as a 27-day effort to obtain answers from the Pentagon about the deployment of new interrogation technology to combat zones turned into almost four years of research, investigation and interviews during which I learned more than I ever imagined I might about the people, products and problems inside the interrogation area.  And, trust me, it contains details high-ranking government officials would rather not see made public.
Most importantly, I learned how wrong decisions made by some of those aforementioned government officials have resulted in dozens of American soldiers and citizens being injured or killed in Afghanistan, the victims of so-called “insider” or “green-on-blue” attacks.  One of those people bearing some responsibility is Director of National Intelligence James R. Clapper Jr.
People from all walks of life shared insights, insider information and occasional doses of insanity related to their personal experiences in the arena.
People from across the United States as well as around the world — in places like Afghanistan, Guantanamo Bay, Iraq and Mexico — shared.  They shared during scheduled and unscheduled interviews.  Through official and unofficial channels.  By phone, email message, Facebook message, Twitter and “snail mail.”
Some shared without being asked.  Most told the truth.  Some did not.
Some were forthcoming with information.  Others forced me to use the federal Freedom of Information Act and state “sunshine” laws as tools for flushing out answers.
More than anything else, it was old-fashioned detective work that produced results.
I hope you’ll make plans now to read it.  Meanwhile, you can still order a copy of “Three Days In August.”  It’s available in paperback and ebook via most online booksellers, including Amazon.com.
Note:  “The Clapper Memo” is the working title of this book but, for reasons I will explain in the near future, will change upon publication.

Officer Becomes Poster Child for Navy’s Sexual Assault Awareness Month

Yesterday, I received a Facebook message from a woman who told me the condensed-version story of her husband — a Navy officer, loving father and veteran of multiple combat tours in Iraq and Afghanistan — who became a poster child for the push to stem sexual assaults in the Navy.
From left, Master Chief Petty Officer of the Navy Rick D. West and Chief of Naval Operations Adm. Jonathan Greenert listen as Secretary of the Navy Ray Mabus speaks during an all hands call aboard the amphibious assault ship USS Bataan (LHD 5) March 5, 2012, at Naval Station Norfolk, Va. Sexual assault was one of the topics during the session. (U.S. Navy photo by Mass Communication Specialist 1st Class Peter D. Lawlor/Released)
By her account, his story rings similar to that of Army Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose life is chronicled in my book, “Three Days In August.”
While I’m not yet at liberty to disclose the names of the individuals involved, I can offer a few key details that this sailor’s wife — herself a Navy veteran — shared with me:
First, she said, senior Navy officials decide to press charges against her husband despite the fact that an Article 32 (i.e., preliminary) investigation produced a recommendation against sending her husband to face court-martial proceedings;
Second, she said, her husband was convicted of aggravated sexual assault against an enlisted female sailor even though she claimed she could not remember details about the series of events — including the alleged assault — that had taken place at and near a pub in Germany; and
Third, she said, the conviction came at the end of a week-long trial that took place on the heels of the Navy’s Sexual Assault Awareness Month.
Aside from the three points above, it’s important to note that this Navy officer’s wife isn’t simply out to free her husband from a jail cell; instead, she said, she wants to affect change in the military justice system so that people like here husband do not have their lives impacted in such a horrible way.
I’ll provide updates — about this case, about another career ruined, about another warrior behind bars — as I learn more.
 Bob McCarty is the author of “Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice,” a nonfiction book that’s available in paperback and ebook via most online booksellers, including Amazon.com. His second book, “The CLAPPER MEMO,” is set for release this fall.

Green Berets’ Stories Similar Yet Vastly Different

Jeffrey MacDonald, convicted in the 1970 stabbing and beating deaths of his pregnant wife and two daughters, recently had a new hearing and is waiting for a federal judge to decide whether he will receive a new trial or have his conviction vacated altogether, according to a recent Los Angeles Times report.  He’s not alone among former Army Green Berets hoping a judge will act in his favor.  Kelly A. Stewart hopes five of them will.

Unlike MacDonald, Stewart is waiting on a five-judge panel at the Court of Appeals of the Armed Forces to decide whether he gets a new trial or some other form of clemency.
Unlike MacDonald, Stewart wasn’t convicted of murder.  Instead, he was convicted of crimes that resulted in him spending time behind bars at the U.S. Military Disciplinary Barracks at Fort Leavenworth, Kan., and being branded a “sex offender” for the rest of his life.  Sadly, his conviction was based almost exclusively on the testimony of his accuser, a former mental patient.
Unlike MacDonald, Stewart’s case doesn’t hinge upon new DNA evidence or new witness testimony.  Everything — including the post-trial testimony of several individuals who said Stewart’s accuser lied during the trial — has been on the table at every stage of Stewart’s appeals process which, so far, has been unsuccessful.
While MacDonald’s case went on to become the subject of a 1984 movie based on the book, “Fatal Vision,” by Joe McGinniss, Stewart’s case became the subject of my first nonfiction book, “Three Days In August,” published one year ago.
To learn more about MacDonald’s case, keep your eyes on the headlines.
To learn more about Stewart’s case, read “The Basics.”  Better yet, order a copy of “Three Days In August.”  It’s available in paperback and ebook via most online booksellers, including Amazon.com.

Some Guys Have All the Luck — Version 3.0

When I published Some Guys Have All the Luck back in June, I suspected it wouldn’t be the last time I shared news of a military officer receiving better treatment than one of his enlisted subordinates — and I was right.  Forty-five days later, I published Some Guys Have All the Luck — Version 2.0, and, today, I have yet another similar story.
Shown in this Nov. 16, 2011, U.S. Army Brig. Gen. Jeffrey A. Sinclair, then-deputy commanding general of support with the 82nd Airborne Division and Regional Command-South, speaks with Afghan media outside of a school near Forward Operating Base Howz-e-Madad in Kandahar, Afghanistan. (U.S. Army photo by Sgt. Amanda Hils)
A Special Forces friend sent me a link to a CNN article about an Army general facing possible court-martial on sexual misconduct and other charges.  From the article:
Brig. Gen. Jeffrey Sinclair has been charged with “forcible sodomy, wrongful sexual conduct, attempted violation of an order, violations of regulations by wrongfully engaging in inappropriate relationships, misusing a government travel charge card” and several other counts, said Col. Kevin Arata, a spokesman for the Fort Bragg-based 82nd Airborne Division, which since its creation during World War I has been one of the most celebrated units in the Army.
At this point, I have no idea whether or not the charges against General Sinclair are legit.  I will, however, keep my eye on this case and others like it. Why?  Because I hate to see officers — and I was one — receive more-favorable treatment than their enlisted subordinates — people like Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose life and wrongful conviction are chronicled in my book, “Three Days In August,” endorsed by some very special Special Operations veterans.  At the same time, I hate to see good officers railroaded the way Stewart was.
Stay tuned!
UPDATE 10/08/2012 at 8:53 a.m. Central:  The question is now being asked, “Is retirement an option for general accused of forcible sodomy?  Stewart never got that option.
UPDATE 10/27/12 at 8:56 p.m. Central:  An Article 32 hearing has been set for Nov. 5.
 FYI:  “Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice” is available in paperback and ebook via most online booksellers, including Amazon.comAlso, my second book, “The CLAPPER MEMO,” is set for release this fall.

Keep Political Correctness Out of Military Justice System

The last thing the military needs is for more political correctness to be injected into the military justice system, but that seems to be what’s happening, according to a Military.com article published today:
Congress has floated a bill that would take ruling authority away from commanders in sexual assault cases and hand it over to an independent panel.
The bill comes as Pentagon leaders scramble to tackle a rising number of sexual assault cases spreading through the military. In 2011, servicemembers filed over 3,000 sexual assaults reports.
While I’m all in favor of prosecuting cases of sexual assault against women in the military, the quest by prosecutors to meet artificially-set goals for successful prosecutions has resulted in an emphasis being placed on the prosecution of male soldiers even when no evidence or eyewitnesses can be produced!
As evidence of this, I point to the case of Army Green Beret Sgt. 1st Class Kelly A. Stewart, the man whose life story and wrongful conviction are the subject of my book, “Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice.”
During the first two days of his court-martial on sexual assault and kidnapping charges, prosecutors presented no physical evidence and/or eyewitnesses to the alleged crimes.  Instead, their case was based almost entirely on the testimony of the accuser, a one-time mental patient who, with the backing of the German government, refused to allow her medical records to be entered as evidence.  As a result, members of the court-martial panel found Stewart guilty on several counts and sentenced him, among other things, to eight years in prison and branded him a sex offender.
Read the reviews.
Based on extensive interviews and never-before-published details taken from the actual Record of Trial, “Three Days In August” paints a portrait of military justice gone awry that’s certain to make your blood boil.
“Three Days In August” is available in paperback and ebook via most online booksellers, including Amazon.com.

Lawyer: 90 Percent of Military Sexual Assault Cases Would Be Thrown Out of Civilian Courts Due to Lack of Evidence

In a Military.com article published Aug. 13, military defense lawyer Michael Waddington estimated that 90 percent of the sexual assault cases taken to court-martial would be thrown out of civilian courts due to lack of evidence.  Unfortunately, the attorney’s estimate offers little solace to Kelly A. Stewart, a highly-decorated Army Green Beret and combat veteran who faces the burden of living the rest of his life as a convicted sex offender if military justice continues to elude him.
Waddington’s words stand as one of several excerpts particularly relevant to the case of Stewart, a man whose life and wrongful conviction are chronicled in my book, “Three Days In August:  A U.S. Army Special Forces Soldier’s Fight For Military Justice.”
Unfortunately for Stewart, his case was not thrown out.  In fact, as described below, quite the opposite happened:
Kelly A. Stewart
An elite Green Beret, U.S. Army Sergeant First Class Kelly A. Stewart admitted in court to having a one-night stand with a 28-year-old German woman.  His accuser did, too.  But that’s where the similarities end in their accounts of what transpired inside his Stuttgart hotel room.
One year later, the highly-decorated combat veteran found himself on trial, facing a slew of charges — including rape and kidnapping — that could send him to prison for life.  His court-martial had begun.
During the first two days of the trial, prosecutors presented no physical evidence and/or eyewitnesses to the alleged crimes.  Instead, their case was based almost entirely on the testimony of the accuser, a one-time mental patient who, with the backing of the German government, refused to allow her medical records to be entered as evidence.
Kelly A. Stewart
At 15 minutes before midnight on the trial’s second day, Stewart was found guilty on several counts and the court was adjourned.  The following morning, he was sentenced to eight years behind bars at Fort Leavenworth and branded a “sex offender” for life.
Ten months into his sentence, Stewart was flown back to Germany for a post-trial hearing during which the new witnesses revealed that Stewart’s accuser had lied several times during the trial.  While their words were largely ignored by the military judge, they were not entirely ignored by the one-star general with authority over the case.
Three months later, the general took five years off of Stewart’s sentence and, among other things, made him eligible for parole immediately.  In Army terms, “immediately” meant he was released March 31, 2011.
Kelly A. Stewart
Stewart spent the next 18 months working in a family member’s business on the East Coast and fighting unsuccessfully for a new trial.  Then, on Aug. 20, 2012, his sentence ended and, technically, he became free.
To date, Stewart’s further attempts to get a new trial or some other form of clemency from the military justice system have failed, leaving him with only one level of appeal — the Court of Appeals of the Armed Forces — remaining.  If justice continues to elude him, he’ll carry the “sex offender” label forever.
Based on extensive interviews and never-before-published details taken from the actual Record of Trial, “Three Days In August: A U.S. Army Special Forces Soldier’s Fight for Military Justice” paints a portrait of military justice gone awry that’s certain to make your blood boil.
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Read it, and you won’t believe this kind of justice can happen to someone who, prior to being accused of crimes by a former mental patient, had an unblemished record and stood among the best of the best as one of the world’s most-elite warriors.
“Three Days In August” is available in paperback and ebook via most online booksellers, including Amazon.com.
For more information about the book, visit ThreeDaysInAugust.com.
To contribute to his legal defense fund, visit http://SaveThisSoldier.com.
CORRECTION 9/19/2012 at 8:38 a.m. Central:  I mistakenly attributed comments from the Military.com article in the first two paragraphs above to Philip Cave.  It has been corrected.
NOTE:  My second nonfiction book, “The CLAPPER MEMO,” is set for release this fall.

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