DOD Substantiates Reprisal Allegations by Soldier Who Reported Sexual Assault
The complaint alleged that the U.S. Army Reserve, 11th Expeditionary Combat Aviation Brigade in Fort Carson removed an enlisted soldier from a deployment to the Middle East in reprisal for making protected communications concerning a sexual assault, according to a DOD press release. The complaint also alleged that this action negatively impacted the soldier’s promotion potential. The DOD did not identify the names or ranks of the personnel involved.
Investigation Substantiated Claims
DOD Inspector General Robert P. Storch revealed that the DOD substantiated the main claim in the complaint, according to a press release, finding that stopping the soldier’s deployment to the Middle East constituted a “reprisal” to the solder formerly having made a protected communication regarding a sexual assault.
“Reprisal in the DoD cannot be tolerated,” Storch said in the release. “Individuals who come forward to make protected communications of suspected wrongdoing should be able to do so without fearing reprisal. The DOD Hotline—which the DOD OIG administers—provides a safe and reliable way for DOD employees, contractors, and others to report suspected wrongdoing.”
However, the DOD did not substantiate the allegation that the reprisal affected the soldier’s potential for promotion.
‘Protected Communication’
According to federal law and military rules, reporting a sexual assault is considered to be a “protected communication,” for which the sender cannot be punished or retaliated against in any form.
The soldier made three protected communications between Nov. 30, 2021, and Dec. 1, 2021, according to the full report. Those communications were to a company commander, a sexual assault response coordinator, and army law enforcement agents investigating the sexual assault. The soldier was preparing to make a fourth protected communication when denied the opportunity to deploy.
As stated in the same court document, the investigation covered the period from June 2, 2021, the date when the soldier went to active duty, until Sept. 27, 2022, when the investigation by the Army about the sexual assault was closed.
Other Sexual Assault Complaints at Fort Carson
This was not the first time Fort Carson was under the public spotlight for problems involving sexual assault. In 2021, three soldiers were accused of sexually assaulting a woman in a gang rape case for which they were ultimately convicted.
The same year, a sergeant major was sentenced to 179 days of confinement, a reduction in rank to sergeant first class and a written reprimand for inappropriate relationship with a subordinate and sending indecent text messages to another woman, according to coverage by The Military Times.
Also, Army World Class Athlete Program para-triathlete Allan Armstrong was sentenced to seven years in prison for sexual assault, according to an article by The Army Times.
Fort Carson is considered to be among the places in the US Army with the highest chances of being a victim of a sexual assault, according to a 2018 study by the Rand Corporation.
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