Let’s pretend for moment that the “G-RAP V2 Training Modules” existed before soldiers started being investigated for their work as RAs (recruiting assistants) for the Army National Guard. That version of the rules didn’t exist, but for the sake of argument, let’s pretend that it did, since it is the key piece of “evidence” being used to prosecute soldiers. The argument being made is that the RAs did not follow the rules outlined in V2 (which is difficult to do when they never received them).

Even if we pretend that soldiers were given V2, the rules they supposedly violated directly contradict what the Army was telling them to do.

For example, a statement from V2 being used in several cases reads: “Can I do Recruiting Assistant work while at drill or Annual Training? No. Your actions in a G-RAP capacity are independent from your role as a member of the Guard.” Meanwhile, the National Guard GX Magazine published articles offering recruiting tips for RAs, including: “Put them [potential enlistees] in the atmosphere of a drill…”

Here’s another: “Government Sponsored Unit Recruiting Events are independent from your role as an RA” (it is being argued that recruiting was not allowed at these events based on this statement). However, in a March 2006 article for Roughrider Recruiting (a magazine for Army recruiters edited and published by the National Guard GX Magazine), recruiters (RRNCOs) are advised to include RAs in upcoming Recruiting Events, saying that, “the more people we can get to your events working their sphere of influence, the better.”

Some RAs are being prosecuted for working alongside RRNCOs and taking direction from them. V2 reads: “Who do I take direction from, the RRNCO or Docupak? As an independent contractor, directives will be given by Docupak. Docupak will help guide you and provide the support you will need to be successful.” Yet, Roughrider Recruiting also encouraged RRNCOs to, “have monthly meetings with your RAs. Bring them in and go over prospecting techniques, closing techniques, benefits, etc.”

Now consider that the Army has a culture of following orders. With no communication nor the alleged “support” coming from Docupak and no guidelines to follow, it’s no wonder that the accused soldiers are feeling confused and betrayed.

In 2012 the US Army Criminal Investigative Command created Task Force Raptor to investigate the soldiers who participated in Guard Recruiting Assistance Program.  Task Force Raptor consists of roughly 200 CID agents who are pulled from Active Duty, Reserves and the civilian sector.  These agents were ordered to investigate all 109,000 Recruiting Assistance Program participants, starting with those who received the highest funds first and then to start working their way down.  To date these agent’s actions have lead to the prosecution of thousands of soldiers.  However, it’s not always done legally.

The participants of Task Force Raptor are comprised of a large majority of Reserve Army Soldiers and civilian contractors.  That means these individuals are given the job of finding and prosecuting soldiers and once they can’t find anyone else to prosecute they will lose their jobs.  That means many of these agents are motivated by money and job security to ensure that soldiers who participated in the G-RAP program are prosecuted.  As an analog, that would be like policemen being told that as long as they arrested people who drive cars for grand-theft auto they would keep their jobs.  If that were the case there is no doubt we would instantly see a national increase of people being arrested and or prosecuted for grand-theft auto.

One must also question the cost of Task Force Raptor.  If Task Force Raptor has been going since 2012 with 200 working agents and each agent makes at least $50,000/year then tax payers are forking over $10,000,000/year just to keep the agents paid while they attempt to prosecute innocent soldiers.  That means since 2012 Task Force Raptor has cost tax payers $30,000,000 in CID agent salary alone and that’s a very conservative number.  What’s not included in that number is the cost to fly or drive the agents around the country to interview witnesses, their hotel rooms, their per diem, housing allowance and all of the other costs that go into an investigation.

The other intrinsic issue with Task Force Raptor is that it isn’t comprised of a Task Force of highly trained FBI agents who understand white-collar crime and know the norms of prosecution, investigation and what constitutes an actual crime.  Instead, these are reserve CID agents who could be just out of basic training and are used to busting small-scale crimes on local bases or on overseas deployments.  As a result the investigations are riddled with errors; CID agents often prosecute individuals who are innocent.  These agents are also pressured by the US military to ensure ongoing prosecutions or they will lose their job and be forced back into a reserve status.

In 2006 the National Guard and Docupak set up the Recruiting Assistance Program. Training consisted of a 10-minute online questionnaire that primarily focused on how to pay taxes on the earned incentive pay, what to wear when recruiting and a few do’s and don’ts of the program. Rules for G-RAP were represented in a 12-page document noted as G-RAP overview, version 1.5.

Below is a screen shot of the GX Magazine, the magazine disseminated to all of the National Guard soldiers, showing how easy it is to become a Recruiting Assistant.  Note that in this image there is no mention of any training or tests.

Nine years after the program was implemented, the US Army and prosecutors are holding soldiers responsible for violating rules that were not in existence during their participation in G-RAP. In the court discovery materials presented along with an indictment for felony theft, CID has included a never before seen Version 2 of a G-RAP handbook. CID additionally claims that these soldiers had extensive training on how to participate in the program.  However for the recruiting assistants being charged, CID produces no test results by the applicants, no proof of training, no proof of any online training, no proof that the document identified as the handbook version 2.0 even existed during G-RAP’s duration, and no proof that Docupak  (which paid the incentives to soldiers in G-RAP) ensured that proper protocols were followed.

In short soldiers are being prosecuted for a set of rules and guidelines they never received.  They were coerced into signing up for the program with a promise that the training would only take a few minutes and at the end they would even receive a $50 gift card.

Why haven’t any of the commanders who implemented the program been prosecuted for their role in the mismanagement and for inadequately training personnel who acted under their command?  Why hasn’t anyone questioned Docupak for not giving soldiers proper training to ensure they were within the program’s guidelines?  Why hasn’t Docupak been held responsible for the hundred of millions of dollars they took from the U.S. government to “manage” this program. Why hasn’t Docupak been required to repay funds for improper accessions?

When a soldier is charged for participation in the Guard Recruiting Assistance Program lives are instantly ruined and the traditional “innocent until proven guilty” does not apply.

Because soldiers dedicate their lives to serving the nation, a charge, or even worse a conviction inflicts a much higher amount of damage to their career.  The soldiers prosecuted under the Guard Recruiting Assistance Program (G-RAP) are also receiving a higher than normal amount of press for similar civilian crimes.  Everyday, rapist, murderers and thieves never make the news for incredibly heinous crimes.  Yet our nation’s soldiers, the ones who protect our very way of life, are having their names plastered across the news, Department of Justice websites and local media sources as thieves — shattering reputations and even livliehoods for just being charged.  This increased pressure causes an instant deformation of character to the accused and they often lose their jobs, are pulled from school and are shunned from their communities/workplace.

While the deformation causes a few problems the accused soldiers also have a long list of punishment that is inflicted without any due process.  Any of the soldiers who are still in the National Guard face an immediate separation from the National Guard with an other than honorable release.  Because the National Guard facilitates this separation it falls under the rules of the Uniform Code of Military Justice and the soldiers are essentially guilty unless they can prove themselves innocent beyond a reasonable doubt.  In many cases the commanders conducting the separation are manipulated by higher levels of command that are most likely being pressured by Congress or other entities of the Department of Defense to show how they are handing the mismanagement of the Guard Recruiting Assistance Program.   In most cases the innocent soldiers are forced out of the National Guard under less than favorable conditions.

However, the punishment doesn’t stop there…  Most of the soldiers also carry a security clearance that is immediately suspended when criminal charges are brought against them.  Because the accused work part-time for the National Guard they typically have full-time jobs, often with the government.  When their security clearance is suspended it also affects their government positions and many of the individuals are forced to stop work until the lengthy legal matters are finalized.  Even those who are working in the civilian sector will lose their jobs or be placed on administrative leave pending the outcome of their civilian trials.

Again, the punishment doesn’t stop there…  Regardless of the outcome of the soldiers’ civilian trials they will receive a debarment letter from the U.S. Army that bans them for working for the U.S. government as a contractor for a set period of time.  Individuals whose careers are in the public sector must pay tens of thousands of dollars in order to attempt to appeal the debarment in hopes that the Army will allow them to return to their jobs.  This is of course on top of the legal fees they face in their civilian trials.  More often than not these soldiers are being debarred from contracting and lose their ability to generate an income.

It is important to note that all of this occurs without any due process to the soldier.  The mere accusation that they participated in a criminal manner under the Guard Recruiting Assistance Program means they must spend thousands of dollars, lose their jobs, be kicked out of the National Guard and face a life of shame.  Even those who are able to prove their innocence will never get back the money they spend, the jobs they lost or the reputations they built and the National Guard will do their best to make sure of it.  CID has been tasked with the job of ensuring each soldier is brought to “justice” and they will ensure that happens regardless of whether or not the solider is guilty.

Although top-level Army audits cite mismanagement at the top as the primary reason for G-RAP’s failures, the contractor (Docupak) continues to do business with the government; commanders who implemented the G-RAP program and even high-ranking officers who participated in the program will receive promotions. Congress will praise commanders for how they “ferreted out fraud.” Those actually responsible are not being held accountable for their actions. Instead, these facilitators will slip quietly into retirement while the innocent soldiers who are prosecuted for their participation in the program will continue a life of shame and debt.  These soldiers will forever be marked as criminals and their past and service to the National Guard will always haunt them.