PENNSYLVANIA NATIONAL GUARD
JOINT FORCE HEADQUARTERS
OFFICE OF THE STAFF JUDGE ADVOCATE
FORT INDIANTOWN GAP
ANNVILLE, PENNSYLVANIA 17003-5002

JFHQ-SJA

6 May 2015

MEMORANDUM FOR, MAJ Edward Shank, PAO, Fort Indiantown Gap, Annville,
Pennsylvania 17003
SUBJECT: NBC4 Washington Survey
1. As requested, the JFHQ OSJA has reviewed the request for information. Draft
responses are provided below.
a. Question 1 – Do you rely on civilian law enforcement to investigate and prosecute
sexual assault cases against members of your Guard unit?
Answer – Pursuant to Department of Defense and National Guard Policy, all
unrestricted reports of sexual assault are immediately reported to civilian law
enforcement agencies for investigation and prosecution. In addition to civilian law
enforcement, the Pennsylvania National Guard relies on the National Guard Bureau,
Office of Complex Investigations (OCI) to investigate allegations of sexual assault. The
OCI is utilized for cases that are not fully investigated and prosecuted by civilian law
enforcement.
b. Question 2 – Does your state UCMJ have any specific language regarding
investigating or prosecuting sexual assault cases? If so, please provide
some details or the specific statute.
Answer – The Pennsylvania Code of Military Justice does not contain specific
provisions related to sexual assault or other sex offenses. Under Pennsylvania law, the
civilian authorities are responsible for the investigation and prosecution of sex offenses.
c. Question 3 – Does your state UCMJ allow you to do the equivalent of an Article
32 hearing in the federal system? If so, under what circumstances?
Answer – Yes. The Pennsylvania Code of Military Justice has an Article 32
hearing process that mirrors the UCMJ and requires a hearing prior to the convening of
a General Court-Martial.
d. Question 4 – Is there a statute of limitations for sexual assault against
members of the military? If so, what is the length?
Answer – Pursuant to the Pennsylvania Code of Military Justice there is a threeyear statute of limitations for offenses that are tried by courts-martial.

 JFHQ-SJA
SUBJECT: NBC4 Washington Survey

e. Question 5 – When was your UCMJ last updated?
Answer – The Pennsylvania Code of Military Justice was amended with an
effective date of October 2013.
f. Question 6 – Are you currently pursuing any changes to your UCMJ in relation to
rape or sex assault?
Answer – No. All unrestricted reports of rape or sexual assault are immediately
reported to civilian law enforcement for investigation and prosecution.
g. Question 7 – In the last five years, have you held a court-martial as a result of a
sexual assault allegation within your Guard unit?
Answer – No. Although we have not conducted a court-martial, a Pennsylvania
National Guard Soldier was prosecuted by civilian law enforcement for an alleged
sexual assault that was reported at Fort Indiantown Gap. The allegation was reported
to civilian law enforcement and investigated. The Staff Sergeant was tried and found
not guilty of all charges in civilian court in Lebanon County, Pennsylvania in July of
2013.
h. Question 8 – In the last five years, have you meted out any of the following
punishments resulting from a sex assault allegation made against a member of your
unit?
Answer – The Pennsylvania National Guard has verifiable data that is responsive
to this request dating back to July of 2013. Since July of 2013, the Pennsylvania
National Guard has had two cases involving substantiated allegations of Sexual Assault.
The first case is addressed in paragraph g. above. In a second case, after civilian law
enforcement opted not to pursue charges, the Pennsylvania National Guard requested
that the National Guard Bureau provide an OCI team to investigate. The OCI
investigation founded an allegation of sexual assault. Because the allegation pre-dated
the effective date of the new Pennsylvania Code of Military Justice, the Pennsylvania
National Guard was left with only administrative measures to address the misconduct.
The Soldier received a General Officer Memorandum of Reprimand and was separated
from the Pennsylvania National Guard for misconduct with an under Other Than
Honorable Conditions discharge.
i. Question 9 – What would your Guard unit like, that you do not have now, to help
you combat sexual assaults?
Answer – The Pennsylvania National Guard enjoys a high level of support from
the Governor of Pennsylvania and from the State Legislature. Along with the continued
support of Pennsylvania’s elected leaders, our service members have benefitted from

 JFHQ-SJA
SUBJECT: NBC4 Washington Survey

the support of the National Guard Bureau Office of Complex Investigations. States like
Pennsylvania could benefit from additional Federal funding to allow for the hiring of
criminal investigators to investigate sexual assaults and other military service related
crimes that involve members of the National Guard in a Title 32 status.
j. Question 10 – Anything else you would like to tell us about how your Guard unit
investigates and prosecutes sexual assault cases?
Answer – Defer to Public Affairs Office for recommended talking points.
2. Please contact Lt Col Younts at (717) 861-8891 or via email at
richard.d.younts.mil@mail.mil with any questions or concerns regarding this
memorandum.

//Signed//
R. DAVIS YOUNTS, Lt Col, PaANG
Attorney-Advisor