A Second Mount Whitney-Linked Report Accused an MSC Civilian of Pressing Against a Woman and Grabbing Her Wrist. DOJ Declined the Case.

EXECUTIVE SUMMARY

1. This reactive criminal investigation was initiated subsequent to(tp)[REDACTED] (4) , (oy Military Sealift Command (MSC) Europe and Africa Counsel, notifying NCISRA Naples of a potential second allegation of sexual assault involving [REDACTED] the subject of another NCIS sexual assault investigation, which originated from the USS MOUNT WHITNEY (LCC-20), and pertained to the allegation that [REDACTED] grabbed a female MSC CIV and fondled her breast, without her consent; Reference (A) pertains [REDACTED] subsequently removed from the LCC-20 and he returned to the MSC Headquarters, based in Norfolk, VA, pending re-assignment. [REDACTED], Sexual Assault Response Coordinator, advised that additional review was needed to determine if the victim, later identified as [REDACTED], MSC, USNS KANAWHA (T-AO-196), had made a privileged or unprivileged notification, as [REDACTED] made the disclosure to her friend, [REDACTED], LCC-20, but [REDACTED] also a Victim Advocate (VA). On 22Mar16 [REDACTED], Staff Judge Advocate, Naval Support Activity Naples, Italy, determined that the conversation between [REDACTED] and [REDACTED] was not privileged, as [REDACTED] confided in [REDACTED] as a personal friend and not as a VA. On 23Mar16, [REDACTED] interviewed and provided copies of her Facebook communication with [REDACTED] In the communication [REDACTED] disclosed that [REDACTED] "pressed against her and tried to kiss her while grabbing her wrist and pulling her towards him [REDACTED] added that [REDACTED]" MSC CIVs, handled the situation on her behalf and [REDACTED] later apologized to her [REDACTED] was under the impression that [REDACTED] going to be fired for a separate allegation of sexual harassment and indicated that she was not willing to participate or report the incident to NCIS. [REDACTED] were identified as [REDACTED] CIV, and [REDACTED] former MSC CIV. On 25Mar16, NCISRA Souda Bay, Greece, attempted to interview [REDACTED] but [REDACTED] declined to participate in the investigation. [REDACTED] advised [REDACTED] tried to kiss her and she stopped him. [REDACTED] opined she was not a victim of a sexual assault. [REDACTED] stated the incident occurred sometime in July or September of 2015. As [REDACTED] was adamant that she was not a victim, she was not provided with a DD Form 2701 or a VA. A Sexual Assault Forensic Examination was not conducted, based on the delay in reporting and the nature of the incident. On 05Apr16, NCISRA Naples telephonically contacted [REDACTED]. [REDACTED] could not recall either [REDACTED] or [REDACTED], advising that he was bad with names but he might be able to remember them if he saw a photograph. Pictures of [REDACTED] were later sent to [REDACTED]. [REDACTED] responded that he recalled [REDACTED], however [REDACTED] did not recall [REDACTED]. Further, [REDACTED] did not recall [REDACTED]. Attempts to interview [REDACTED] were met with negative results, as [REDACTED] was assigned to the USS PONCE but upon the ship's return to Bahrain [REDACTED] departed for leave and it was advised that [REDACTED] would not be returning to the ship. A crime scene examination has not been conducted, as the exact location where the alleged assault occurred remains unknown at this time. This investigation has been coordinated with [REDACTED], Commanding Officer, LCC-20; Attorney[REDACTED], Assistant Force Judge Advocate, Commander, US Naval Forces Europe, US Naval Forces Africa, US Sixth Fleet NE-CNA-C6F), Naples; and Attorney [REDACTED] Department of Justice. DoJ has declined to pursue the captioned investigation. Due to the circumstances surrounding this investigation, to include third-party reporting, the lack of victim cooperation, and the lack of corroboration, this investigation is closed.

NARRATIVE

1. This reactive investigation pertains to alleged violation of Title 18 U.S. Code 113 (Assaults within Maritime and Territorial Jurisdiction) .

2. On 16Mar16 [REDACTED] Military Sealift Command (MSC) Europe and Africa Counsel, notified NCISRA Naples, Italy, of a potential second allegation of sexual assault involving [REDACTED], MSC. [REDACTED] subject of another NCIS sexual assault investigation, which originated from the USS MOUNT WHITNEY (LCC-20) and pertained to the allegation that [REDACTED] grabbed a female MSC CIV and fondled her breast, without her consent; Reference (A) pertains. [REDACTED] subsequently removed from the LCC-20 and he returned to the MSC Headquarters, based in Norfolk, VA, pending re-assignment.

3. NCISRA Naples subsequently contacted [REDACTED], Sexual Assault Response Coordinator, for additional information pertaining to the new allegation [REDACTED] ébmdicated that additional review was required, in order to determine if the alleged victim, later identified as [REDACTED], MSC, USNS KANAWHA (T-AO-196), had made a privileged or unprivileged notification, as)[REDACTED] qade the disclosure to her friend [REDACTED], LCC-20, but [REDACTED] also a Victim Advocate (VA). On 22Mar16, [REDACTED], Staff Judge Advocate, Naval Support Activity (NSA) Naples, Italy, determined that the conversation between [REDACTED] Wjas not privileged, ag[REDACTED] confided in [REDACTED] a personal friend and not asa VA. }©}}§©—

4. On 23Mar16, [REDACTED] interviewed. [REDACTED] identified that, during a Facebook conversation with [REDACTED], [REDACTED] disclosed an encounter that she had with [REDACTED]. [REDACTED] disclosed that [REDACTED] "pressed against her and tried to kiss her while grabbing her wrist and pulling her towards him [REDACTED] added that [REDACTED] MSC CIVs, handled the Situation on her behalf and [REDACTED] later apologized to her. [REDACTED] was under the impression that [REDACTED] was going to be fired for a separate allegation of sexual harassment and indicated that she was not willing to participate or report the incident to NCIS. Exhibit (1) pertains.

5. On 23Mar16, [REDACTED], MCS Supervisor, LCC-20, identified [REDACTED] as [REDACTED] CIV, and [REDACTED] as [REDACTED] former MSC CIV; Exhibit (2) pertains.

6. On 25Mar16, NCISRA Souda Bay, Greece, attempted to interview [REDACTED], who declined to participate in the investigation. [REDACTED] advised [REDACTED] tried to kiss her and she stopped him. [REDACTED] opined she was not a victim of ao a sexual assault [REDACTED] stated the incident occurred sometime in July or September of 2015 [REDACTED] provide any other information. Ag[REDACTED] was adamant that she was not a victim, she was not provided with a DD Form 2701 (Initial Information for Victims and Witness of Crime) or a VA. Exhibit (3) pertains.

7. A Sexual Assault Forensic Examination was not conducted, based on the delay in reporting and the nature of the incident; Exhibit (4) pertains.

8. On 05Apr16, NCISRA Naples telephonically contacted [REDACTED]. [REDACTED] could not recall either [REDACTED] or [REDACTED], advising that he was bad with names but he might be able to remember them if he saw a photograph. Pictures of [REDACTED] obtained from her Facebook Profile, were later electronically sent to [REDACTED]. [REDACTED] responded that he recalled [REDACTED], whom he referred to as [REDACTED]. However, [REDACTED] did not recall [REDACTED]. [REDACTED] further did not recall [REDACTED]. [REDACTED] was contacted telephonically, to ascertain his knowledge of the alleged assault, prior to NCISRA Naples traveling to alleged assault, an in-person interview will not be conducted at this time. However [REDACTED] Cindicated he was willing to be re-contacted if needed. Exhibits (5) and pertain.

9. Coordination with the MSC identified that [REDACTED] was currently assigned to the USS PONCE (AFSB(I)-15), which was homeported in Bahrain. NCISRA Bahrain identified that the ship was underway until 18Apr16, so NCISRA Bahrain would interview [REDACTED] upon the ship's return. On 18Apr16, NCISRA Bahrain coordinated with [REDACTED], Commanding Officer O), USS PONCE. [REDACTED] advised that [REDACTED] had departed the ship, and Bahrain, earlier that morning. [REDACTED] returned to the United States (US) on leave and he was not scheduled to return to the USS PONCE. [REDACTED] exact whereabouts in the US are unknown. NCISRA Naples has made multiple attempts to contact [REDACTED] via the email address provided by the MSC and via Facebook. As of 29Apr16, no response has been received.

10. A crime scene examination has not been conducted, as the exact location where the alleged assault occurred remains unknown at this time.

11. This investigation has been coordinated with [REDACTED], CO, LCC-20; Attorney [REDACTED], Assistant Force Judge Advocate, Commander, US Naval Forces Europe, US Naval Forces Africa, US Sixth Fleet NE-CNA-C6F), Naples, and Attorney [REDACTED] Department of Justice. DoJ has declined the captioned investigation.

12. Due to the circumstances surrounding this investigation, to include third-party reporting, the lack of victim cooperation, and the lack of corroboration, this investigation is closed.