MLAA
LATEST
← Back to NCIS / MSC Investigation File Index

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

USNS Mercy Sailors Reported Genital Exposure in Berthing Areas. Legal Review Said It Did Not Meet Indecent-Exposure Elements.

NCIS records say a person aboard USNS Mercy reported that another sailor exposed his genitals in a lounge near male berthing while the ship was underway. The accused admitted exposing himself as a joke, and NCIS closed the case after legal review found no sexual-purpose element under Article 120c.

Indecent ExposureUSNS MercyBerthingNavy PersonnelArticle 120cLegal ReviewNo Criminal ElementsShipboard Misconduct

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
Indecent exposure
Location
USNS Mercy / male berthing areas
Key date
Alleged June 24, 2014
Outcome
Closed after legal review found Article 120c elements unmet

What the NCIS File Says

NCIS opened the case after a USNS Mercy JAG reported an indecent-exposure allegation aboard the ship while underway.

The reporting person said the accused exposed his genitals in a lounge area outside E and F male berthing. Other witnesses described related male-berthing incidents, including one in which the accused allegedly walked around naked and made a comment about someone looking at him being gay.

NCIS interviewed the reporting person with a victim advocate present, conducted database checks, reviewed personnel files, screened witnesses, interviewed witnesses, and interrogated the accused after Article 31(b) rights advisement.

The accused admitted exposing his genitals as a joke but denied sexual intent or sexual gratification. After legal consultation, NCIS closed the case because the conduct did not meet Article 120c indecent-exposure elements.

Case Timeline

June 24, 2014
Alleged exposure

The reporting person said the accused exposed his genitals in a lounge outside male berthing aboard USNS Mercy.

June 25, 2014
NCIS notification

A USNS Mercy JAG notified NCIS of the report.

June 27, 2014
Victim interview

NCIS interviewed the reporting person aboard USS Ronald Reagan with a victim advocate present.

June 30-July 1, 2014
Witness work and interrogation

NCIS screened witnesses, interviewed witnesses, and interrogated the accused.

July 5, 2014
Legal review

NCIS consulted legal personnel and determined the case did not meet Article 120c elements.

Why This Record Matters

  • The file distinguishes offensive shipboard nudity from a chargeable sex offense under Article 120c.
  • The accused admitted exposing himself but denied doing so for sexual purposes.
  • The record does not say whether command handled the behavior administratively after NCIS closure.

NCIS Source Document

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

First page preview for USNS Mercy Sailors Reported Genital Exposure in Berthing Areas. Legal Review Said It Did Not Meet Indecent-Exposure Elements.

First page of the NCIS case file.

Source type
NCIS investigation file
Command or vessel
USNS MERCY (T-AH 19) /52450
NCIS file number
27JUN14-SWND-00432-8MNA/C
Bates range
0235-0237
Source file length
3 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.

NARRATIVE

1. This case was initiated as a reactive investigation and pertains to the suspected violation of Article 120c (Other Sexual Misconduct - Indecent Exposure) of the Uniform Code of Military Justice (UCMJ).

2. On 25Jun14, Reporting Agent (RA) received notification from [REDACTED], USN, JAGC, USNS Mercy (T-AH 19), regarding [REDACTED] report of indecent exposure by [REDACTED]. [REDACTED] informed RA the incident occurred aboard USNS Mercy while the ship was underway. [REDACTED] and [REDACTED] assigned to Naval Medical Center San Diego, although they are both currently TAD to USNS Mercy. RA arranged an interview with [REDACTED] on 27Jun14, which was the earliest date RA could meet with [REDACTED] due to underway schedules.

3. On 27Jun14 [REDACTED] ¢)met with RA at the NCIS office aboard USS Ronald Reagan VN 76), and , [REDACTED] Victim Advocate, [REDACTED], was present for this interview . , (o) provided details regarding an incident FOR OFF AL USE ONLY in which [REDACTED] exposed his genitals in the lounge area outside of the E and F male berthing aboard USNS Mercy on 24Jun14 [REDACTED] ¢) Was provided a DD Form 2701/Initial Information for Victims and Witnesses of a Crime pamphlet, as well as a Legal Assistance for Victims of Crimes form, Exhibit (1) pertains.

4. On 01Ju114, database inquiries for [REDACTED] andi})[REDACTED] ¢)were conducted, which revealed [REDACTED] ¢)do not have a criminal history; Exhibits (2) and (3) pertain.

5. The Official Military Personnel Files (OMPFs) for [REDACTED] were reviewed on 01Ju114, which revealed no derogatory information. Exhibits (4) and (5) pertain.

6. On 30Jun14, RA conducted screening interviews of [REDACTED] observe [REDACTED] expose his genitals [REDACTED] etated he and [REDACTED] ¢)were walking into the lounge when observed [REDACTED] with his pants down and exposing his genitals [REDACTED] stated he was in the lounge when [REDACTED] exposed his genitals, but he was not offended by the incident, Exhibit pertains.

7. On 30Jun14, RA interviewed [REDACTED] indicated there was a second incidenti)[REDACTED] ¢)reported in which [REDACTED] walking around naked in male berthing and stated, "if you are looking at me, you must be gay," Exhibit pertains.

8. On 30Jun14, RA interviewed [REDACTED] who also indicated there was another incident [REDACTED] reported in which [REDACTED] was walking around naked in male berthing and [REDACTED] looked at [REDACTED] and told him he was gay, Exhibit (8) pertains.

9. On 30Jun14, RA interrogated [REDACTED] after advisement of his Article 31(b) rights, which he waived. [REDACTED] admitted to exposing his genitals as a joke [REDACTED] denied exposing himself in a sexual manner or for sexual gratification, Exhibit (9) pertains.

10. On 01Ju1l14, additional screening interviews were conducted aboard USNS Mercy, Exhibit (10) pertains.

11. On 01Jul14, RA conducted an additional interview with [REDACTED] reported an additional incident in which [REDACTED] exposed his genitals in male berthing [REDACTED] believed [REDACTED] joking around and did not feel the exposure was done in a sexual manner in either of the two reported incidents, Exhibit (11) pertains.

12. On 05Jul14, RA consulted with [REDACTED] and it was determined that this case does not meet the elements of Article 120c (Indecent Exposure) under the UCMJ. According £0 [REDACTED] there was no indication that [REDACTED] exposing himself in a sexual manner.

13. On 30Jun14, RA briefed [REDACTED], Commanding Officer, USNS Mercy, and [REDACTED] JAGC, USN, USNS Mercy, regarding this investigation. RA also briefed [REDACTED] JAGC, USN, Region Legal Service Office (RLSO) Southwest, on 0O1Jull14.

14. Due to the offense not meeting the elements of Article 120c (Indecent Exposure) under the UCMJ, no further investigative action will be taken. This investigation is closed.