Asian American Civil Rights Groups Monitor Verdicts in Military Harassment Cases
27 August 2012
WASHINGTON, D.C. – OCA, a national organization dedicated to advancing the political, social, and economic well-
being of Asian Pacific Americans (APAs), and the Asian American Justice Center (AAJC), a member of the Asian
American Center for Advancing Justice, are continuing to actively monitor the court martials of soldiers charged in
connection to the death of Pvt. Danny Chen.
On Aug. 13, Spc. Ryan Offutt pleaded guilty to hazing and two charges of maltreatment in military court. He was
sentenced to six months confinement, a reduction down three ranks to Private (E-1), and a bad-conduct discharge
from the army. On Aug. 17, Staff Sgt. Blaine Dugas Jr. was convicted of dereliction of duty, sentencing him to a
reduction in one rank to Sergeant (E-5) and 3 months in jail (credited with ninety days of pre-trial confinement).
Today, a hearing for Spc. Thomas P. Curtis begins.
Mee Moua, president and executive director of AAJC and Tom Hayashi, executive director of OCA, issued the
following statement regarding the verdicts:
“While we are encouraged by the military’s recognition that hazing and racial maltreatment are unacceptable by any
standard, we continue to be disappointed by the leniency of the verdicts. We expect and will continue to demand full
justice for Pvt. Chen’s death. His superiors must be held accountable for their lack of oversight and leadership that
enabled members of the platoon to engage in acts of mistreatment, harassment, and hazing.
Having the media and the public closely follow these trials has been largely positive. However, care must be taken
to not present expressions of opinion or uninformed conjecture as technical analyses or conclusions. OCA and
AAJC will continue to consult with respected experts on military practices and law to give accurate and appropriate
context to our advocacy strategies. Therefore in evaluating the verdicts and the sentences handed down thus far,
we recognize the importance of the following considerations:
• All defendants tried thus far have been convicted of federal crimes, a civilian equivalent of felonies on a
criminal record that will follow the defendants for the rest of their lives.
• The fines determined by the court are somewhat unique to the military courts—there is no civilian equivalent
for this portion of the sentencing and the degree of severity or leniency of the decision handed down by the General
Court-Martial should not be interpreted to mean that the fines are the only restitutions that may be sought.
• The possibility of the defendants’ discharge from the military remains—a prison sentence of any length
advances the case to the next step of an administrative review to determine whether the defendant should continue
to serve or be discharged. All discharges that are not honorable or general will result in a partial or complete loss
of benefits and impact economic opportunity for the discharged for the rest of their lives.
The trials are a crucial step in ensuring leadership accountability as well as justice for Pvt. Chen. However, we
must continue to push for stronger policies that address the culture and practices of hazing and harassment in the
military. AAJC and OCA remain committed to working to address the following:
• A clear definition of “hazing” that is punishable under military regulations;
• Stronger accountability up and down the chain of command;
• Stiffer punishment for failure to report harassment and abuse;
• Protections for victims and whistle blowers of harassment and abuse;
• Mandatory diversity training and inclusion practices to promote more diversity within leadership positions; and
• A comprehensive record-keeping system on reports of harassment and abuse.
As the trials for the remaining solders charged in connection to Pvt. Chen’s death move forward, we will continue to
advocate for long-term reforms in the military in alignment with our mission. It is our hope that these verdicts
demonstrate the military’s commitment to bringing an end to the culture of hazing, harassment, and mistreatment.”
###
The Asian American Justice Center (www.advancingequality.org), a member of Asian American Center for
Advancing Justice, works closely with its affiliate organizations—the Asian American Institute (www.aaichicago.org)
in Chicago , the Asian Law Caucus (www.asianlawcaucus.org) in San Francisco and the Asian Pacific American
Legal Center (www.apalc.org) in Los Angeles—to promote a fair and equitable society for all by working for civil and
human rights and empowering Asian Americans and Pacific Islanders and other underserved communities.
OCA is a national organization dedicated to advancing the political, social and economic well-being of Asian Pacific
Americans (APAs).
27 August 2012
WASHINGTON, D.C. – OCA, a national organization dedicated to advancing the political, social, and economic well-
being of Asian Pacific Americans (APAs), and the Asian American Justice Center (AAJC), a member of the Asian
American Center for Advancing Justice, are continuing to actively monitor the court martials of soldiers charged in
connection to the death of Pvt. Danny Chen.
On Aug. 13, Spc. Ryan Offutt pleaded guilty to hazing and two charges of maltreatment in military court. He was
sentenced to six months confinement, a reduction down three ranks to Private (E-1), and a bad-conduct discharge
from the army. On Aug. 17, Staff Sgt. Blaine Dugas Jr. was convicted of dereliction of duty, sentencing him to a
reduction in one rank to Sergeant (E-5) and 3 months in jail (credited with ninety days of pre-trial confinement).
Today, a hearing for Spc. Thomas P. Curtis begins.
Mee Moua, president and executive director of AAJC and Tom Hayashi, executive director of OCA, issued the
following statement regarding the verdicts:
“While we are encouraged by the military’s recognition that hazing and racial maltreatment are unacceptable by any
standard, we continue to be disappointed by the leniency of the verdicts. We expect and will continue to demand full
justice for Pvt. Chen’s death. His superiors must be held accountable for their lack of oversight and leadership that
enabled members of the platoon to engage in acts of mistreatment, harassment, and hazing.
Having the media and the public closely follow these trials has been largely positive. However, care must be taken
to not present expressions of opinion or uninformed conjecture as technical analyses or conclusions. OCA and
AAJC will continue to consult with respected experts on military practices and law to give accurate and appropriate
context to our advocacy strategies. Therefore in evaluating the verdicts and the sentences handed down thus far,
we recognize the importance of the following considerations:
• All defendants tried thus far have been convicted of federal crimes, a civilian equivalent of felonies on a
criminal record that will follow the defendants for the rest of their lives.
• The fines determined by the court are somewhat unique to the military courts—there is no civilian equivalent
for this portion of the sentencing and the degree of severity or leniency of the decision handed down by the General
Court-Martial should not be interpreted to mean that the fines are the only restitutions that may be sought.
• The possibility of the defendants’ discharge from the military remains—a prison sentence of any length
advances the case to the next step of an administrative review to determine whether the defendant should continue
to serve or be discharged. All discharges that are not honorable or general will result in a partial or complete loss
of benefits and impact economic opportunity for the discharged for the rest of their lives.
The trials are a crucial step in ensuring leadership accountability as well as justice for Pvt. Chen. However, we
must continue to push for stronger policies that address the culture and practices of hazing and harassment in the
military. AAJC and OCA remain committed to working to address the following:
• A clear definition of “hazing” that is punishable under military regulations;
• Stronger accountability up and down the chain of command;
• Stiffer punishment for failure to report harassment and abuse;
• Protections for victims and whistle blowers of harassment and abuse;
• Mandatory diversity training and inclusion practices to promote more diversity within leadership positions; and
• A comprehensive record-keeping system on reports of harassment and abuse.
As the trials for the remaining solders charged in connection to Pvt. Chen’s death move forward, we will continue to
advocate for long-term reforms in the military in alignment with our mission. It is our hope that these verdicts
demonstrate the military’s commitment to bringing an end to the culture of hazing, harassment, and mistreatment.”
###
The Asian American Justice Center (www.advancingequality.org), a member of Asian American Center for
Advancing Justice, works closely with its affiliate organizations—the Asian American Institute (www.aaichicago.org)
in Chicago , the Asian Law Caucus (www.asianlawcaucus.org) in San Francisco and the Asian Pacific American
Legal Center (www.apalc.org) in Los Angeles—to promote a fair and equitable society for all by working for civil and
human rights and empowering Asian Americans and Pacific Islanders and other underserved communities.
OCA is a national organization dedicated to advancing the political, social and economic well-being of Asian Pacific
Americans (APAs).
