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Source record / NCIS investigation file / Military Sealift Command sexual misconduct

Phone Recordings and a Subject Interview Preceded Command Declination in a USNS Comfort Hotel-Room Case.

A closed NCIS report says a woman connected to USNS Comfort reported memory loss after drinking in Fort Lauderdale and woke naked beside a sailor in a Marriott hotel room. The file says investigators reviewed phone-call recordings, the reporting person later stopped cooperating, the subject said the sex was consensual, and command verbally declined prosecution.

RapeUSNS ComfortHotel or Liberty SettingAlcoholPhone RecordingsVictim Declined Further ParticipationCommand Declination

This page summarizes one Naval Criminal Investigative Service case file. The source PDF and optical character recognition transcript appear below so readers can compare the summary against the record.

Allegation
Rape / Possible Sexual Assault
Location
Fort Lauderdale Marriott hotel / USNS Comfort context
Key date
Alleged July 26, 2009
Outcome
Command verbally declined prosecution

What the NCIS File Says

A person connected to USNS Comfort reported that after drinking with shipmates in Fort Lauderdale, she had no memory for part of the evening and later woke naked in bed with a sailor in a Marriott hotel room.

The reporting person said she consumed an estimated six alcoholic drinks and became intoxicated. She initially reported memory loss from dinner until later that night, when she was roused by a phone call.

A witness provided a recollection of what he overheard after receiving a call from the reporting person's phone and gave NCIS three recordings of phone conversations from the night of the alleged assault, plus a sworn statement.

After being confronted with the phone recordings while on vacation, the reporting person contacted NCIS and said she no longer wanted to cooperate. She signed a victim preference statement.

The subject was interrogated and said the sexual intercourse was consensual. The file says command verbally declined prosecution, and NCIS closed the investigation.

Case Timeline

July 26, 2009

The reporting person went to dinner with shipmates in Fort Lauderdale and later reported waking naked in a Marriott hotel room.

August 5, 2009

The investigation was initiated, according to the report.

September 23, 2009

The subject was interrogated and described the sexual intercourse as consensual.

March 16, 2010

Command provided verbal declination of prosecution.

April 5, 2010

The closed Report of Investigation was dated.

Why This Record Matters

  • The case shows how intoxication, memory loss, phone recordings, victim participation, subject denial, and command discretion shaped the outcome.
  • It is another example where the useful facts appear in the executive summary, not just the narrative closure language.
  • The extracted file references interim reports and exhibits that are not included in the readable transcript.

NCIS Source Document

This is the NCIS Report of Investigation for the USNS Comfort file. MLAA has preserved the source PDF, Bates range, and NCIS file number so readers can inspect the record directly.

First page preview for Phone Recordings and a Subject Interview Preceded Command Declination in a USNS Comfort Hotel-Room Case.

First page of the NCIS case file.

Source type
NCIS investigation file
Command or vessel
NATIONAL NAVAL MEDICAL CENTER/00168
NCIS file number
05AUG09-DCBE-0034-8FNA/C
Bates range
0038-0039
Source file length
2 pages

Readable OCR Transcript

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. This reactive investigation was initiated on 05Aug09 after [REDACTED] USN, reported on the evening of 26Jul09 she went out to dinner with shipmates from the USNS Comfort while in port in Ft. Lauderdale, FL, consumed an estimated 6 alcoholic drinks and became intoxicated. After dinner and drinks, [REDACTED] met up with another sailor identified as [REDACTED] USN, by chance. [REDACTED] initially reported she had no memory from her dinner around 1700-2000 hours until approximately 2200 or 2400 hours, when she was roused by a phone call from [REDACTED]. Upon waking, [REDACTED] claimed she found herself naked and in bed with [REDACTED] who also was naked, at his Marriott hotel room. [REDACTED] USN, was interviewed and provided his recollection of the events he overheard upon receiving a call from [REDACTED] cellular phone. [REDACTED] also provided three recordings of phone conversations between he and [REDACTED] on the night of the alleged assault, as well as a sworn statement. After being confronted with the phone recordings by [REDACTED] while on vacation, [REDACTED] returned to NCISRU Bethesda and stated she no longer wanted to cooperate with investigative efforts. [REDACTED] signed a victim preference statement. On 23Sep09, [REDACTED] was interrogated and stated he engaged in consensual sexual intercourse with [REDACTED]. He further stated she suggested they get a hotel room and she was the aggressor in the sexual acts. The facts of this investigation have been briefed to Command, and they have declined to pursue any criminal actions against [REDACTED]. This investigation is now closed.

NARRATIVE

1. References (A) through document all investigative activity to date. Subsequent to the submission of Reference , on 01Feb10, [REDACTED] USN, was interviewed regarding her knowledge of [REDACTED] allegation of being sexually assaulted by [REDACTED]. [REDACTED] stated she was not aware of a sexual assault happening while deployed, Exhibit (10) pertains.

2. On 03Mar10, [REDACTED], SJA were briefed on captioned investigation and advised no legal action would be taken.

3. On 16Mar10, Command provided a verbal declination of prosecution for the alleged rape of [REDACTED].

4. This investigation is closed.