Sexual Assault Law Case Summary

Decent Essays
1LT Jamie R. Smith, a Troop Program Unit member of the USAR assigned to HHC, 66th Infantry Division, Fort Von Steuben (FVS), VA contacted the FVS IG Office complaining about three issues. First, 1LT Smith claimed her allegation of sexual assault was improperly addressed. Second, she claimed her command improperly handled a command investigation. Finally, she claimed her command improperly handled her request for unit transfer following an allegation of sexual assault where she was the victim. 1LT Smith completed a DA Form 1559, acknowledged her understanding of the Privacy Act, and consented to the release of her personal information in order to resolve her complaint.

LTC Richard Britton, IG, completed an assistance inquiry concerning the above issues. He did use the results of a command inquiry, approved by MG De La Blame, to assist in addressing the above-mentioned issues.
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The IG determined MG De La Blame appointed an investigating officer (IO) for the informal investigation in a memorandum dated 8 November 2015. The IO, COL Sherry Sellers, determined in a memorandum to the Division Commander dated 7 February 2016 that based on a preponderance of the evidence, 1LT Smith did have an improper relationship with SSG Jones. The IO also determined SSG Jones did have an improper relationship with 1LT Smith. LTC Summers, 66th Infantry Division SJA, conducted a legal sufficieny review of the command product completed by COL Sellers and determined there were no procedural errors; moreover, the available evidence supported the findings and recommendations. Because 1LT Smith was a subject of the command investigation, she had to cooperate with the investigation. The Due Process Review of the command product revealed no

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