A few weeks ago, I shared why it’s essential to determine proper jurisdiction in military investigations—by identifying the status of the individuals and where the incident occurred.
The tragic case of Sailor Angelina Resendiz shows why this matters
Angelina was active duty. The suspected perpetrator(s) were also active duty. Even though her remains were found off-post, NCIS was the correct investigative agency. Where the system failed miserably was in not notifying her family of her missing status and of her death, as required in DoD Instruction 1300.18, which governs how missing and deceased service members are reported and how families are supported.
As the family of a homicide victim her family can assert their rights under Article 6b of the UCMJ, and DoD Directive 1030.01, which includes:
- The right to be notified
- The right to be heard
- The right to be protected
- The right to be treated with dignity
- The right to attend public proceedings
- The right to confer with prosecutors
- The right to restitution (if applicable)
- The right to know the outcome and release status
They can also formally request to be appointed as her Article 6b Representative, ensuring her voice is not lost, and their rights are preserved moving forward.
As a former JAG and Special Victims’ Counsel, 6b was part of the practice, but you don’t need to be a lawyer to do it—families can make this request (and can also be represented by counsel). For a great explanation, read this excellent article by Capt. Heather Houseal, USAF: Article 6b Representatives
Ruth's Truth: No military family should be left in the dark when their loved one goes missing or becomes a victim of crime. Their rights matter.