The transcript below reproduces the substantive report text from the NCIS file in readable form, including the executive summary when one appears in the source. Paragraph numbers come from the original report. Redactions are shown as [REDACTED]. Because the text was generated from OCR, verify exact quotations against the source PDF.
EXECUTIVE SUMMARY
1. On 28Ju115, NCISFO Singapore notified NCISRA Manila, Republic of the Philippines (RP) regarding an alleged sexual assault involving two United States Navy (USN) members assigned to USNS MERCY (T-AH-19). The alleged sexual assault occurred during USNS MERCY's participation in Pacific Partnership 2015 Exercise in Roxas City, Panay, RP. Due to the geographical location of USNS MERCY at the time the incident was reported, investigative activity was initiated upon USNS MERCY's arrival in Subic Bay Freeport Zone (SBFZ), RP. On 04Aug15, USNS MERCY arrived at SBFZ. Subsequently, participated in a USNS MERCY Morale Welfare and Recreation (MWR) department sponsored tour of Boracay Island Resorts, Panay, RP. At approximately 1800, after a muster, the tour group departed Boracay Island for the mainland aboard a transport boat. After the boat ride from Boracay Island, the group boarded a charter bus for the 3 to 4 hour transit back to Roxas City. According to [REDACTED] next to each other in the first row of the right aisle seats [REDACTED] stated that during the bus ride, she fell asleep slumped forward on her backpack. At an undetermined touching her left shoulder and neck area in a massaging manner without her consent [REDACTED] advised that she pushed § [REDACTED] hands away from her body and told him to stop [REDACTED] said [REDACTED] immediately complied with her request for him to remove his hands and [REDACTED] moved to another seat. Subsequently [REDACTED] reported the incident to [REDACTED] "liberty buddy [REDACTED] indicated [REDACTED] touch her breasts or any other part of her body. Subsequently, [REDACTED] interviewed. After appropriate 31(b) Military Suspect's Acknowledgement and Waiver of Rights, [REDACTED] admitted to touching [REDACTED] neck and shoulder in a massaging manner without her permission [REDACTED] Stated that he regretted touching [REDACTED] could not provide a reason why he touched her. both indicated the unwanted touching only lasted for a few seconds. [REDACTED] Said he consumed approximately 5 to 6 beers at a local pizza shop during the aforementioned tour [REDACTED] indicated she did not consume alcohol during the aforementioned tour. Interviews of [REDACTED] "liberty buddies" indicated [REDACTED] consumed alcohol during the tour but was not described as intoxicated during the return trip. Additionally, [REDACTED]. consumed alcohol from noon until approximately 1800. Further screening upset/crying on the night of the alleged sexual assault and subsequent days after. On 04Aug15 [REDACTED] provided a DD Form 2701, Initial Information for Victims and Witnesses of Crime. Additionally, Command issued a Military Protective Order (MPO) prohibiting [REDACTED], from communicating with [REDACTED] getting less than ten (10) feet from [REDACTED] 14Aug15, [REDACTED], Commanding Officer O), USNS MERCY, transferred [REDACTED] back to his parent command, Naval Hospital Camp Pendleton (NHCP), CA. On 10Sep15, a crime scene documentation of the tour bus was conducted. No Sexual Assault Forensic Examination was conducted due to the nature of the unwanted touching. On 09Feb16, [REDACTED], Staff Judge Advocate (SUA), NHCP [REDACTED] USMC, Legal Services Support Section (LSSS) ; and [REDACTED] were all apprised of the status of this investigation. All investigative actions complete as of 20Oct15. On 31Mari6, NCIS received a Disposition in the case of [REDACTED] indicating insufficient basis to prefer charges against [REDACTED]} for resolution by court-martial. On 05Mayl6, NCIS received a Sexual Assault Disposition Report stating [REDACTED] written a punitive letter of reprimand at Non Judicial Punishment. This investigation is closed.
NARRATIVE
1. This case was initiated as a reactive investigation and pertains to the suspected violation of Article 120 (Rape and Sexual Assault generally, specifically Abusive Sexual Contact) of the Uniformed Code of Military Justice (UCMJ).
2. References (A) through (D) document previous investigative and administrative actions. On 05Mayl16, NCIS received a Sexual Assault Disposition Report (SADR) in the case of [REDACTED] SADR states [REDACTED] issued a punitive letter of reprimand at NUP.
3. On 06Mayl16, a Final Disposition Report (R-84) was submitted to the Federal Bureau of Investigation to provide the status of this investigation; Exhibit (16) pertains.
4. On 05Mayl6 [REDACTED], NHCP; and} — [REDACTED] USMC, Legal Services Support Section (LSSS), were notified of the status of this investigation. On 05Mayl16é, NCIS contacted [REDACTED] notify her of the status of this investigation. This investigation is closed.
