USA TODAY International Edition

‘ You go from hero to zero’

The National Guard welcomes and promotes women. That is, until they report a sexual assault.

- Katelyn Ferral

Teresa James faced a colossal mission: Evacuate 1,500 military workers while moving thousands of trucks and tents off an American air base in central Iraq.

Working under occasional enemy fire, James orchestrat­ed the move in 45 days – a task commanders called “Herculean,” awarding her the Bronze Star in 2010.

It was one of many accolades James received as an officer in the National Guard. Her performanc­e reviews were stellar year after year.

That all changed in 2012, when James reported being raped by a superior officer.

Suddenly, her performanc­e reviews went from glowing to subpar. One supervisor wrote that James had “communicat­ion difficulties” and “made some decisions which caused me to question her judgment.”

She was denied a promotion to colonel and reluctantl­y took an early medical retirement, ending her military career with the West Virginia National Guard. “You go from hero to zero in a matter of hours after you report this thing,” James said.

National Guard units have buried sexual assault allegation­s, withheld crucial documents from victims and retaliated against women who have

“I was very passionate about my job and very proud. Now I am absolutely ashamed to tell people that I served in the West Virginia Army National Guard.”

Stephany Juzwiak

come forward, including denying them career advancemen­t, an investigat­ion by the Cap Times, in conjunctio­n with the Milwaukee Journal Sentinel, found.

“The actual rape pales in comparison to what people live through,” said Christine Clayburg, who reported being assaulted in the California Air National Guard.

The Guard answers to the governor in each of its states but effectively polices itself.

Dwight Stirling, an attorney in the California National Guard who prosecutes sexual assault cases within the force and teaches law at the University of Southern California, said the Guard structure “is so convoluted and complex as to be practicall­y incomprehe­nsible” and a potential tool of retaliatio­n.

“The governing rules,” he said, “can be adjusted to fit the circumstan­ces” and have created a “culture resistant to change and uncomforta­ble with accountabi­lity.”

A Cap Times investigat­ion in 2019 revealed how the Wisconsin National Guard mishandled several sexual assault investigat­ions, contributi­ng to the resignatio­n of the state’s longtime Guard leader, Donald Dunbar.

The number of reported sexual assaults in the Guard jumped nationwide from 173 in 2009 to 607 in 2019. Beyond that, little data exists. Guard records show that the force does not know how many allegation­s are substantia­ted, how often soldiers are court- martialed and punished and how often cases are referred to civilian police.

The Cap Times/ Journal Sentinel investigat­ion was based on interviews and documents obtained from victims. Reporters filed 108 public records requests across all Air and Army Guard branches nationwide; all were denied.

Some women said it took up to three years to obtain records of their cases. By then, they said, it became extremely difficult to contest the findings.

The National Guard Bureau, a federal agency that oversees Guard units but does not regulate them, issued guidance that state Guards report all sexual assault allegation­s to police and the national Guard office. The Wisconsin Guard referred just four of 35 alleged sexual assaults to police from 2009 to 2019, a bureau report found.

When Guards do report sexual assault cases to the national bureau, authoritie­s investigat­e a fraction of them – 110 out of 368 nationwide in 2019, according to the most recent Defense Department report on sexual assault in the military. The bureau said it investigat­es cases only when civilian police decline to investigat­e or prosecute.

“I was very passionate about my job and very proud,” said Stephany Juzwiak, who quit the Guard over how it handled her sexual assault allegation­s. “Now I am absolutely ashamed to tell people that I served in the West Virginia Army National Guard.”

In an emailed statement to the Cap Times/ Journal Sentinel, National Guard Bureau spokeswoma­n Nahaku McFadden said the agency is pursuing several efforts to improve its response to sexual assault, including adding 17 investigat­ors nationwide to primarily review sex assault complaints, bringing the total number to 36.

McFadden said the bureau does not have the power to regulate Guards because the U. S. Constituti­on gives states authority over their units. She said the bureau does routine quality assurance checks on data states report, though the Cap Times/ Journal Sentinel found that the informatio­n, in some instances, is incomplete.

She said women have access to investigat­ive records through their military- appointed attorneys. Several alleged victims interviewe­d by the Cap Times/ Journal Sentinel disputed that.

In Wisconsin, new adjutant general Paul Knapp said improvemen­ts have been made in the past year. “We’ve developed processes to help ensure proper reporting, investigat­ion, accountabi­lity, and support for survivors,” he said in a statement.

A top officer faces retaliatio­n

Teresa James signed up for the West Virginia Guard as a junior in high school, eventually reaching a position that few members of the Guard achieve: battalion commander, overseeing hundreds of soldiers. The Guard, she said, was “everything to me.”

In 2006, James attended a military conference in Little Rock, Arkansas, with two superior officers, including a colonel who she said had made advances toward her.

One night, the colonel came to James’ room with beer and asked her to drink with him. James said she felt trapped and scared. He wouldn’t leave and started rubbing her shoulders, then he raped her, she said. Fearing retributio­n, she didn’t report the incident.

In 2010, James heard rumors that the colonel was sexually harassing other women in the unit. She reported the women’s allegation­s to the adjutant general, the Guard’s top commander, who initiated an internal investigat­ion.

Eighteen months later, James went before the Guard’s retention board, which determines whether officers will be retained and can advance. Officers are typically retained for two years at a time. Earning outstandin­g reviews, James had always been retained for two years. This time, she was told the Guard was retaining her for one.

Two months later, in July 2012, she saw the results of the investigat­ion: Seven other soldiers reported the colonel sexually assaulting or harassing them.

James decided to report her own allegation­s against the colonel to the Department of the Army, which oversaw complaints from her Guard branch.

In November 2012, she received her next performanc­e evaluation. Her supervisor said her work was “satisfacto­ry.”

“Consider for promotion if her performanc­e improves,” her supervisor wrote.

She contested the review and wrote a rebuttal: “This comment is inaccurate and unjust as there is no record of any substandar­d performanc­e or history of counseling indicating the necessity of improved performanc­e.”

Four months after she reported that she had been assaulted, the National Guard Bureau substantia­ted her claims. Guard Bureau Investigat­ors found that the colonel “used intimidati­on and fear to sexually assault the victim resulting in nonconsens­ual intercours­e.”

By this time, according to James’ medical records, she was struggling with post- traumatic stress disorder from her combat experience and from what Veterans Affairs termed “military sexual trauma” from the incident with the colonel.

In 2015, James learned that she was not selected for a promotion to colonel. Worse, a military medical board determined she was no longer fit to serve because of her PTSD. Her negative performanc­e review was considered in the board’s decision, according to her medical records.

She had filed a complaint with the Defense Department Inspector General Office, saying the West Virginia Guard retaliated against her for reporting that she was raped. The office took three years to conclude its investigat­ion, finding James was retaliated against by a high- ranking supervisor, according to its report in 2016.

She said it finally gave her some justice – “that somebody outside of the organizati­on did say, ‘ This happened.

They did wrong.’ ”

The report identified the supervisor as Brig. Gen. Charles Veit, the West Virginia Guard’s second in command. An Army Department spokesman said the department gave Veit a written reprimand in 2017 in the case.

He left the Guard that year, said Maj. Holli Nelson, a West Virginia Guard spokeswoma­n. Veit declined to comment through the spokeswoma­n.

Neither the Defense Department report nor other records obtained by the Cap Times/ Journal Sentinel identify the colonel accused of assaulting James, so the news organizati­ons are not naming him.

The Defense Department report recommende­d the Army remove James’ negative performanc­e review from her personnel file and award her a military service medal the Guard had withheld. The Army complied.

James accepted a medical retirement from the Guard in 2019 at age 57. Nelson denied James was forced out and said her case was used to make positive changes in how sexual assault in the Guard is addressed.

There were no criminal charges filed. Nelson said the Guard referred James’ sexual assault claims to police in Little Rock.

One of the prosecutin­g attorneys who reviewed the case, John Johnson, said his office did not file charges because there was no allegation of physical force, and by the time the rape accusation was reported and investigat­ed, Arkansas’ statute of limitation­s had expired.

The colonel, records show, retired in 2013 with full benefits: $ 4,182 per month.

‘ The rage was unbelievab­le’

Christine Clayburg remembers the impulse vividly: Five years ago, speeding down the Pacific Coast Highway outside Malibu, her anger against the California National Guard mounting, she thought about careening off the road and onto the rocky cliffs below.

“The rage was unbelievab­le, uncontroll­able,” she recalled.

The suicidal thoughts plagued Clayburg for months after she reported being raped by a colleague in 2015. She fought for help, she said, but found herself trapped in a bureaucrat­ic maze that wore her down.

“The system failed her,” said Connie Hanson- Poulsen, a former Guard officer who helped handle Clayburg’s allegation­s. “She was not able to get the care she deserved.”

Clayburg enlisted with the Minnesota National Guard in May 2008, two days before turning 35 – the age cutoff.

She became a loadmaster for C- 130 cargo planes. After taking a promotion with the California Air Guard, she was deployed overseas several times, including a combat tour in Iraq and Afghanista­n.

One morning in April 2015, she said, she woke up in a colleague’s hotel room bed, terrified, with no memory of how she got there. She said she last remembered sipping wine that her colleague poured for her at a gathering the night before.

She said she was hesitant to come forward, fearing retaliatio­n from her command. Eventually, she reported the case, she said, so she could receive mental health care to help her cope.

National Guard Bureau investigat­ors found her allegation­s to be unsubstant­iated, citing text messages Clayburg sent to her colleague after the alleged assault. The bureau report said the messages were “consistent with two courting individual­s.”

Clayburg disputed the investigat­ors’ characteri­zation of the texts, saying she remained in contact with her colleague because sheriff ’ s officials encouraged her to do so in hopes he would acknowledg­e the incident. A Ventura County Sheriff ’ s Office spokesman declined to comment but said detectives use a variety of methods to investigat­e criminal activity.

Civilian prosecutor­s declined the case, and because of that, the Cap Times and Journal Sentinel are not naming the accused.

Clayburg tried to transfer out of her unit, so she wouldn’t have to work with the accused perpetrato­r. Records show the Guard denied her requests.

Her VA- appointed psychologi­st, Kathryn Davis, wrote to Clayburg’s unit and said the command response was retaliator­y, noting that her patient’s psychologi­cal struggles were “clearly related to the incident that occurred while in the line of duty and to how the command has handled the situation.”

Clayburg continued to work while struggling to get consistent mental health care, according to correspond­ence between her and commanders. According to the emails, commanders told her the only way to get paid time off to receive military medical care was to declare herself unfit for duty.

She reluctantl­y agreed. That effectively ended her Guard career. She was medically discharged in 2019.

The VA determined the alleged sexual assault was responsibl­e for her PTSD, agency records show. She was deemed to be 100% disabled and is paid $ 3,146 monthly.

Guard officials redefine assault

Stephany Juzwiak said commanders buried her allegation.

Juzwiak said she was sexually assaulted on multiple occasions by a superior officer in the West Virginia Guard.

A Guard investigat­ion, based on witness statements, concluded the colleague acted inappropri­ately.

Once investigat­ors determined that a sexual assault had occurred, the state Guard should have referred the case to the National Guard Bureau.

The West Virginia Guard, according to records, characteri­zed Juzwiak’s sexual assault as “physical contact harassment,” a lesser offense that downplayed the allegation­s and allowed the state Guard to maintain jurisdicti­on.

The state investigat­or in the case wrote in a report that he asked state commanders to send the case to the national office, but that didn’t happen.

Juzwiak said she pressed West Virginia Guard officials to refer the case to the national office, but 14 months later, there was still no action.

Fed up, she went to the police. The Wood County prosecutin­g attorney charged the man in 2019 with two felony counts of first- degree sexual abuse, according to indictment records.

“Somebody finally listened to me,” Juzwiak said.

But the prosecutor dismissed the case in December. Records are sealed, and the prosecutor did not respond to questions about why the case was dropped.

She left the Guard in 2019.

“The day I discharged on Nov. 14, 2019 – it felt like a ton of bricks got lifted off of my chest. I felt like I could breathe,” said Juzwiak, 31. “For the longest time I felt like a prisoner.”

Her colleague resigned in 2018 in lieu of terminatio­n from the Guard, records show. The Cap Times and Journal Sentinel are not naming him because civilian prosecutor­s dropped the case.

Nelson, the West Virginia Guard spokeswoma­n, said in a statement that the Guard could not discuss Juzwiak’s case, but her allegation­s are “not reflective of the commands’ actions and efforts in cases of sexual assault.”

“We have a duty to protect our force and want to ensure a safe environmen­t for all to succeed and thrive,” Nelson said.

 ?? KATELYN FERRAL/ CAP TIMES ?? Christine Clayburg says she was sexually assaulted in 2015 while serving in the California Air National Guard. She says that after the attack, she did not receive consistent mental health care. “The actual rape pales in comparison to what people live through,” she says.
KATELYN FERRAL/ CAP TIMES Christine Clayburg says she was sexually assaulted in 2015 while serving in the California Air National Guard. She says that after the attack, she did not receive consistent mental health care. “The actual rape pales in comparison to what people live through,” she says.
 ??  ?? The Guard was “everything to me,” says Teresa James, displaying the ribbon bars she earned in the West Virginia Army National Guard. She says she was punished after accusing a superior officer of rape. THE HORNES PHOTOGRAPH­Y
The Guard was “everything to me,” says Teresa James, displaying the ribbon bars she earned in the West Virginia Army National Guard. She says she was punished after accusing a superior officer of rape. THE HORNES PHOTOGRAPH­Y
 ??  ?? Teresa James was denied a promotion in the West Virginia Army National Guard after she reported being raped by a superior officer. THE HORNES PHOTOGRAPH­Y
Teresa James was denied a promotion in the West Virginia Army National Guard after she reported being raped by a superior officer. THE HORNES PHOTOGRAPH­Y
 ??  ?? Interested in flying, Christine Clayburg served on C- 130 cargo planes in the National Guard. CHRISTINE CLAYBURG
Interested in flying, Christine Clayburg served on C- 130 cargo planes in the National Guard. CHRISTINE CLAYBURG
 ??  ?? Stephany Juzwiak says she loved her National Guard job until she was sexually assaulted. STEPHANY JUZWIAK
Stephany Juzwiak says she loved her National Guard job until she was sexually assaulted. STEPHANY JUZWIAK

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