Guam Guard members indicted, under investigation for possible G-RAP fraud
The Guam National Guard is advising the public of an ongoing investigation and expect additional indictments into possible fraudulent receipt of enlisted recruitment bonuses paid under the National Guard’s Recruiting Assistance Program, G-RAP, by certain members of the Guam Army National Guard.
The investigations were conducted by the Army Criminal Investigative Command, known as the CID, under the purview of the U.S. Attorney. As a background, these investigations have been occurring nationwide by CID as a result of U.S. Senate scrutiny of the G-RAP Program.
The G-RAP Program, which paid National Guard members, retirees, and civilians to recruit friends and family, was established at the height of the Iraq war in 2005 to help the Guard achieve its recruiting goals. The program was later expanded to the Army Reserve and Regular Army.
According to a USA Today story, “the program was cancelled in 2012 after audits turned up evidence of potential fraud. More than 800 soldiers nationwide are under criminal investigation for gaming the National Guard program.”
The Guam National Guard is committed to correcting any problems identified by the Army Audit Agency and CID investigations of the G-RAP Program. We are working closely with civil authorities to identify and rectify situations where fraud was committed, and to discipline those who were negligent in their duties. As with all alleged criminal acts, we take this issue very seriously and are cooperating fully.
“Brig. Gen. Roderick R. Leon Guerrero, The Adjutant General of the Guam National Guard, is very disappointed when any soldier or airmen violates the ethics and integrity of the military values that we learn and live by throughout our careers. If our members choose to do otherwise, they are subject to further discipline or removal from the Guam National Guard.”
“…These cases are under investigation by the U.S. Army C.I.D. and the U.S. Attorney’s Office, and, therefore, the Guam National Guard cannot divulge details or make any comments until the completion of the investigations or should there be further indictments.” (Guam National Guard)
Military offense often redirects an attack, but not often onto their own soldiers.
For seven years G-RAP, a recruitment program for the Army National Guard, was touted as a great success. Indeed, 150,000 new recruits were enlisted. An Alabama printing and document packaging company called Docupak was awarded $500 million to promote, manage, administer and monitor G-RAP. In 2012, an Army Audit blasted the Army National Guard Command for awarding an illegal contract and Docupak for gross mismanagement. Facing serious allegations, Docupak and the top levels of the military searched for and found a scapegoat: the tens of thousands of soldiers who were incentivized to bring in new recruits. Suddenly, soldiers who had done nothing more than participate in an Army National Guard program, were facing criminal charges.
The Guard Recruiting Assistance Program (G-RAP) was instituted as a no-bid contract to Docupak. Soldiers, families and retired military were leveraged to identify potential soldier recruits. Guardsmen were “encouraged” by their command to serve as “ambassadors” in an effort to boost enlistment during a time of lengthy deployments in two war zones. The ambassadors were called Recruiting Assistants (RAs). Serving as independent contractors for Docupak, they were paid $2000 for each successful enlistment.
Becoming a recruiting assistant was easy. RAs took a quick online test: reviewing Docupak’s information input system and how to file taxes as a Docupak contractor….nothing more. The rules specified that recruiting assistants should interface with Guard recruiters who identified potential enlistees. Docupak required RAs to enter those potential enlistees’ personal data in the G-RAP system, including name, date of birth, social security number, and marital status. Following these directives would ultimately open all 108,000 recruiting assistants to investigation and prosecution for identity theft, fraud and other charges.
In 2012, G-RAP was audited by the U.S, Army Audit Agency and was found to have been grossly mismanaged. Among the findings: organizational conflict of interest, no management controls at any level throughout the National Guard Bureau, no oversight of the contractor, and a contract that violated the anti-deficiency act. The Army Audit concluded that there was a breakdown in “sound business processes and neither statutory, regulatory or policy requirements were followed.” The audit also pointed out a potential conflict of interest when the Lt Colonel, who signed the contract with Docupak, accepted an executive position at Docupak.
Congress sought to hold military brass accountable. But, rather than accept responsibility for ineffective command and for mismanagement of a contract worth a half a billion dollars, military brass redirected this uncomfortable scrutiny to soldiers. Sacrificing their own troops was easier than explaining how hundreds of millions of dollars had been misspent, thus risking their own careers.
General Ingram, Director of the ANG, directed Adjutant Generals in all states to investigate every soldier who had served as a recruiting assistant. An unsourced, undated, and radically altered set of G-RAP rules suddenly appeared. This is the primary document now used for prosecuting soldiers. A key difference is that the “new” rules forbid RAs from interfacing with recruitment officers regarding potential enlistees. Soldiers following the rules they were given during G-RAP’s duration now fear investigation and prosecution. More than one hundred thousand soldiers have come under review. More than 80,000 are under investigation. Using this mysterious set of new rules, soldiers have now been, and are continuing to be, charged with felony theft and identity theft.
Many of these soldiers have had their lives destroyed. Merely being investigated by Army’s Criminal Investigation Division has resulted in revocation of military assignments. Felony charges, even if later found to be baseless, result in loss of jobs and future job opportunities, and loss of reputation and honor. Mounting a legal defense can cost between $50,000 and $100,000. Many soldiers who can’t afford these costs are pleading guilty on advice of public defenders. Soldiers who have fought the charges and have been found innocent in civilian jury trials now face additional retribution from the military: dishonorable discharges and debarment letters prohibiting any possibility of work or contracts with the government.
Defendant investigations for civilian trials have uncovered that witness statements gathered by the Criminal Investigation Division to justify the felony charges were manufactured and key interviews that showed compliance with program policies were omitted. Docupak has ignored opportunities to certify the veracity of the set of rules that are being used as evidence. The soldiers are denied due process at every level, as well as the constitutional protections that they have risked their lives to uphold.
Finding the few bad apples among recruiters and recruiting assistants who have intentionally abused the system would have required no false documents and false prosecutions. Fraud did occur; but not nearly at the magnitude that the G-RAP investigations would suggest. This witch-hunt is ruining the lives of innocent young men and women who have defended our country, who have given their lives for our freedoms, who have served honorably and with distinction. Not surprisingly, morale within the National Guard is at an all-time low. The costs of the investigation and prosecutions have exceeded the amount of money that the government has recovered; and will not come close to the money that was shown to have been squandered in multiple Army audits, which fault Docupak.
It is time to put the focus back where it belongs. Stop the prosecution of those who are innocent and take corrective action to remedy the systemic errors that led to this debacle.
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