OPERATION GIT-MEOW, INCORPORATED P.O. Box 523373 Spring?eld, VA 22152 (609) 280-9353 operationgittnuow'ijtamai .coin 20 March 2017 MEMORANDUM FOR: Commander, US Naval Station, Guantanamo Bay, Cuba FROM: Erika J. Kelly, President, Operation Git-Meow, Inc. SUBJECT: Punishment for Animal Abuse and Neglect under the UCMJ at NSGB I. At the present time there is no legal mechanism to discipline service members subject to the UCMJ who engage in acts of animal cruelty or neglect at Naval Station Guantanamo Bay, Cuba. It is possible that you could take administrative actions such as a letter of reprimand in certain situations, but any judicial punishment or non-judicial punishment under Article 15, UCMJ (?Captain?s Mast?) would require a statutory basis for that action. Normally such actions are punishable under Article 134, UCMJ using the Assimilative Crimes Act on military installations where there is concurrent State and Federal jurisdiction. However, there is no applicable state criminal code which can be assimilated due to the unique location of NSGB. We urge you to consider issuing an order to all persons subject to the UCMJ who are present, assigned, or attached to NSGB, prohibiting acts of animal cruelty or neglect, making those actions punishable under Article 92, UCMJ as violation of a lawful order. A sample order is attached, along with the applicable Florida criminal code section. (TABS A and B) While you may not have court-martial convening authority (CMCA) over all military members on the base, their CMCA could take disciplinary action based on the violation of your order. The Federal Bureau of Investigation (FBI) has made instances of animal abuse and neglect reportable in their National Incident-Based Reporting System (NIBRS) system (TAB C) because ofthe proven link to other types of criminal activity. The animal control officer at NSGB (Jose Munoz) has documented instances of animal abuse by military members in the past, and the veterinarian (Captain Brittany Marble, US Army) has encountered instances of animal neglect by military members in the recent past. In those cases, no legal action was taken because there was no way to hold them accountable. Even though persons accompanying the force such as dependents and contractors cannot be held liable under the UCMJ, recommend that you consider using the base roller and Radio- GTMO to senda clear massage that animal abuse and -naglect,'tu inciude the abandonment of pets on The basal, will mt be?tolerated? At -a mir'litmmz1a yOu co?id con?de:- S'Emcii'n'g letters t0 any gaining command 01? contracting cumpa?yinfoming than} if the actions ?fth?: dependent!? contractor. COORDINATION: Capies? nfthi-s package- heme hem Sent via email to the-'fail'owing staff of?ce?s Veterinaw Clinic, ATTN: Captain Marble Sfa?? $1.1ng Advocate: ATTN LT Farm-lay gaff/?421 {2 x? 251% ERIKA- . KELLY TAB A 1111121111.? Sialuieo lit-Consensual": :i?evv'Elatuioo 1:11-dine Sunshine Select Yeats 2915* 80' The-.2016 Statutes Title XLVI 'Chaeter 323 View Eg?rie hapter CRIMES ANIMALS: .cnu em; PROTECTION 828,12 Cruelty to 1'1} 14 perso'niwho unnecessarily-overloads,- oveftli'ives, torments, deprives of n'ecessaryjsustenancle or shelter, or unnecessarily. mutilate-s, or kills any animal, or'causes the same to he done-,- or carriesi'n- Cit-Upon any yehitie, or otherwise, any animal-in a cruel or inhumane manner, commits animai Croeity, a niisdemEanor oi' the first?degree, punishable as provided 1115. ?182 or by a f?ine of ?not more.- than 55, 1210121, or- both a person Who intentionally commits an act to. any- animal, or a person val-io- owns or has the custody or control of any animal and fails to. act, which results in the cruel death, or- excessive or repeated infliction. of' Unnecessary pain or suffering, or causes the same. to he clone, commits aggravated animal cruelty, a felony of the thirddegree, ponishahieas' provided in s. .m or by az-fine of not more than 31 [1,000, or both. a person convictedoi' a violation of this-subsection, where the'iir'itler of iaelitl'e'termi'nes that the violation. includes the knowingand intentional torture or torment of an animal. that injur.es,..n1utilates, or kills-"the animal, shallbe ordere'd?to pay 'a minimum mandatory fine of $2,500 counseling orcompletean anger management treatment program. i b} A personconvictetl'oi-e second or subsequent-violation of this subset tion shall he required to pay a mini mum mandatory fine of $5,000 and serve a. minimum mandatory parioti'ofjinearceration ofo months._.ln addition, the person? shall be released only upon expiration is not eligible for parole, control. release, or any form of early release, and mustsei've' 1011 percent of' the. court?imposed sentence: any plea oi note-contendere shall he considered ?a conviction for purposes of: this subsection. a person who commits multiple acts of animal-cruelty or aggravated animal cruelty against an animal may he charged-.Ivvith- a-sepatate offense fer each. such act. .11 personwhoieommits animal cruelty or-aggravated-animal cruelty against'niore'than-sone animal. may hechaigeo with a. separate offense for each animal such cruelty was committed upon. A veterinarian licensed to practice in the state shall 'he held" harmless ironieither criminal or ci'vil'l'iahility for-any decisions'made or Services rendered tinder-the provisions 01' this section, Such a .yeterinarian under this Subsection, immune-frame his or her part in ah investigation of cruelty to animals. {51' A person who intentionally trips, or iaSsos-the' legs of a, horse by any means for the purpose of entertainment or sport shall be guilty of a thirdclegreeifelony, punishable as provided-in s. 7.15.1132, s. {183-- ,or Q?'ei. as used" 111 this subsection, ?trip? means any act that consists of. the use of any wire, pole, stitlt, rope, or other apparatth to cause a horse to fall .or lose its balance, and ?home? means any animal of any registered breed of the. genus Equus.-, or- any recognizedhyh'rid thereof. The ptovisions of. this subsection shali not apply when tripping is. used: (111 'To' control afhorse that is'posing an immediatethreat'to other livestock or humanheings; or the purpose of'ioenti ?ying. ownershi of the-horse when its ownership-is unknown; or. For the purpose of administering veto-11 nary care to the horse History es 4, .ch. 49?,1 19131-3135 3395-: RES-521411561, T3635 2 1:11 10-511: s. 4, d1. ?112,'s. 945'. 1:21. 31:13.11, 32-11151 2,131.. 119-1114; 5 ch. 521- 339; 1231:}, ch 911112, 5. 21.1, ch as 391; s. 35. :11 2111111 31111: 5. i 111:1. 211112151} ..5 1- ch 25113-145 Copyright to 1995-2131?? Legislature .1 Privacy Sitatemen" ..C?ntacg 111' TAB Abuse; and Neglect of Animals on Naval Station Guantanamo Bay, Cuba This is- a lawful order enforceable und'erArticie' 92,, of the Uniform Code: of Military Justice (UCMJ) which applies-to allifUQS. military members on active dutyr who are assigned?' attached, present on Nanal Statiom. Guantanamo Bay, Cuba. The effective date of. this Order isthe date on this document. Any person subject to the. UCMJ who= while present at NSGB, or on a ship docked at. NSGB, engages in any of the 'ih]ilowing_ behaviors may beaubject to unfavorable administrative actions such as a reprimand or administrative elimination. from the military, or courts?martial: The intentional commission of an act to any animal which results in the cruel death of th?efani'mal, or the excessive or repeated infliction of. tm?necessary pain or suffering on any animal; 13. The knowingand intentional torture or torment oli-any animal. which injures, mutilates, .or kills the animal; is. The unnecessary torment or deprivationoiinecessary- .sustenance or shelter to an animal who is under the-custody or' central of a member ofthei US. military on active duty Reference is made to' Florida Statutes, Tit-1e XLVL Chapter 828 (-20161which makes the atorcnrentiOncd acts crimes under Florida law. DAVID Commander US Nayai Station Guantanamo Bay, Cuba TAB Tracking; Ani?m?i (Green;I FESI Page 1 Qf'3'. February 1.. 21-3-16 Wee-km Amime? Sweaty FBI Collecting Data. on Crimes Against Animals. Acts of cruelty against? animals are new counted. alongside-fetch)! crimes "like arson; and homicide in ?the expansive. criminaldetebase.. OnlJen?uary the Bureawe National Incident-Based R'egorting-Syetem' begari .co?llecting detailed data fremIpa'rtiCipating law enforcement agencies "on acts of ?animal? erueity-, i'n'eludi?g gross neglect, torture etganizedebuse, and Before this year; crimes that invoived animals were lumped into an ?Ail Qiher OffenseS? category in the uniform Crime ngianimaI?cme in! 1 fl 0:20]. 7 Tracking Animal {knelt}? Page 2 {if 3 Pregrarn?s annual Crime in the United States repent a survey .ef?eri'me data: provided by about 18.000 City, County, state tribal, and federal law enforcement- ageneies. Ely-adding animal cruelty offenses to iavv enteraement agencies and-the advocacy groups that pushed for the i'nclusie'h' in the database are hoping-the restrits wiil reveal a more complete. picture ef-ithe nature-sf cruelty to animate. "Some studies say'tnat erueity'te animals is. a precursor to larger crime,? said Nelsen. Ferry, who werks in the Bureau?s Criminal Statistics Management Unit; Which manages "That?s one of the items? that we?re leaking at,? The Natienal Sheriffs? Association was a leading advocate for adding animal cruelty as a data set in the Bure?au?siceileetieh of ?crime statistics. Thesa'sseeia?tion for years has cited studies linking animal abuse; and other types of crimesm'mes't fameusiyi murders committed by serial killers like Ted-'Bundy, Jeffrey Dahmer, and the ?Son ?of Sam? lgilier David Berkewitz; The organization a'ise-pei'nts-eut the. everlapranimal abides has with demestievielenceendehiid abuse. ?If somebody.- is harming an animal] there is a Quad chance they also are hurting a human," said John Thompson, d?epLit-y executive director-of the; National Sheriffs" Asseeia'tiehl ?'lfWe-see patterns of animal abuse, the: odds. are that something else is going on.? I A first leek animal ?cruelty statistics will be available next year, but it will is ke-atiieast three to five years-fer the data to begin showing helpful patterns; G'reUps "that adverse-ted fo?r'th'e new animal-Gwen}; data hope that by adding- itte than the summary-based statisticsj'ageneies provide the Bureau eaehyear?theyvvill get a much richer- dai'a set from which to mine. That?s because? requires participating-agendas to not only report Crimes but-ales all-the circumstances at a .efrirne. Additionally; the. Bureau planets phase-out summary?based UCR sltatistiesuwhich have been collected naughty the same way-since? favor of by 2021. tbi. go ty 1K1 0:901? Tracking Artimai Cruelty- FBI Page 3 of?3 ?With summary data, all 1 can tell-you is "acrime assumed," sa?i'ci Amy B'lasher, Who: is leading-the broader transition- to NIBRS at the 'FBl'is Criminal Justice information Services Disisi'on, Keeper of the Bureau?s. various crime data stores. ?With the incident-based, it?s moregranulan it tells the-story-? The move-its collect more granular data 'reciui're's agencies to adjust how they trackand disseminate crime-statistics. Only about 31 percent of the Country is. represented in. today-wee fraction of theoverall UCR participants; however, Slasher-.anticipates the-?gure to grow larger as iaw enforcement agencies: opt in, "including police departments in Washington, and Chicago over-the" next two years. The FBI is .aggressiirely?pushing for the transition to in a speech lastMaroh in Atlanta, DirectorJamesCor-ney said it Was his personal mission to get? better data ?that we can-all use to have informed conversations about-the most importantissues we face.? Those Wh o. lobbied for better animal abuse data. would agree". ?With this information, iaw enforcement and victim services would "be able'=to better target- their interventioo efforts With respect to, both animal cruelty which animal.cruelty-servesas-a Dr?. Man;- Lou Randeur'o'f the Animal Welfare Institute, which worked closely with the National A?ssiociationto advance? their ?cause. ?identifying and analyzing animal cruetty. crimes Would provide an: important "tool for iaw enforcement,? The National Sheriffs Association?s John Thompson Urged people. to shed the mindset that'enim'al Cruelty is a crime only against-animals". ?It?s a crime against urging all law enforcement- agencies to participate?in NIBRS, ?By paying attention ice-{these crimes], are are benefiting allot" society.? Re?so'u mes: . "h NIBRS :Can. Offer Fuller Crime- P'icture. -'More on. the FBl?s Program 1310120]?