Washington, D.C. – The National Defense Authorization Act (NDAA) being debated by the US House of Representatives this week includes provisions to remove the ability of military commanders to unilaterally overturn convictions or lessen sentences handed down by judges and juries at courts martial.
These changes were first proposed by Reps. Bruce Braley (IA-01), Jackie Speier (CA-14) and Patrick Meehan (PA-07) in March when they introduced the bipartisan Military Judicial Reform Act. Braley, Speier, and Meehan introduced the legislation in the wake of a decision by an Air Force lieutenant general to overturn a sexual assault conviction of an airman who’d been found guilty and sentenced to a year in prison by a jury of his peers at Aviano Air Base in Italy.
“Sexual assault in the military is a problem that’s gotten worse, not better,” Braley said. “Victims of these terrible crimes deserve the same protection they would receive if they were civilians. There should be no sheltering of violent criminals just because they happen to be subject to military rules and regulations.
“That’s why I’m glad to see these changes included in the National Defense Authorization Act. It’s an important step forward for reforming the military’s approach to reducing sexual assault in the ranks.”
Braley’s provisions in the NDAA would amend the Uniform Code of Military Justice (UCMJ) to take away the power of the convening authority to dismiss or, in certain cases, lessen sentences after a panel or judge has found the accused guilty and rendered a punishment.
Braley has worked for years to reduce the instance of sexual assault and domestic violence in the military. In 2011, Braley introduced the Holley Lynn James Act, a bill that would have reformed the way the Pentagon dealt with the crimes. The bill was named after Holley Lynn James, an Iowan who was killed by her husband while both were in the service.