TESTIMONY BY SENATOR ROD GRAMS 

BEFORE SENATE ARMED SERVICES COMMITTEE 

SEPTEMBER 12, 1996 

MR. CHAIRMAN, THANK YOU FOR HOLDING THIS IMPORTANT HEARING. I APPRECIATE THIS OPPORTUNITY TO TESTIFY. 

I WANT TO BRING TO YOUR ATTENTION THREE MINNESOTA 1185 MILITARY CASES.

JAN BEIMDIEK IS FROM MOORHEAD, MINNESOTA AND HER SON, NAVY HM3 SCOTT MICHAEL BEIMDIEK DIED WHILE SERVING HIS COUNTRY. SCOTT WAS A HOSPITAL CORPSMAN STATIONED IN OKINAWA. HE WAS FOUND DEAD IN HIS ROOM ON JANUARY 25, 1993. HIS BODY WAS DISCOVERED IN A ROOM THAT WAS LOCKED FROM THE OUTSIDE. A TIME OF DEATH HAS NEVER BEEN ESTABLISHED. 

THE BEIMDIEK FAMILY WAS INFORMED BY THE NAVY THAT SCOTT DIED AN "ACCIDENTAL" DEATH. THE FAMILY BELIEVED THE NAVY UNTIL IRREGULARITIES STARTED TO SURFACE WHICH CAUSED THE FAMILY TO ASK QUESTIONS. THEY CONTACTED THE DEPARTMENT OF DEFENSE AND BECAME ONE OF THE 50 CASES UNDER ACTIVE 1185 INVESTIGATION. THAT WAS IN DECEMBER OF 1993. TWO INVESTIGATORS HAVE TAKEN TESTIMONY FROM MRS. BEIMDIEK, TRAVELED TO OKINAWA TO VISIT THE SCENE AND RE-CHECKED THE OPINIONS OF CONTRIBUTING EXPERTS. THE DEPARTMENT OF DEFENSE INSPECTOR GENERAL HAS NOT WRITTEN THE FINAL REPORT. I APPRECIATE THE EFFORTS MADE BY THE DEPARTMENT, BUT I HAVE CONCERNS ABOUT THE LENGTH OF TIME THE DEPARTMENT IS TAKING TO RESOLVE THIS CASE. 

THROUGH CONGRESSIONAL OVERSIGHT, I HOPE TO FIND A RESOLUTION TO HER SITUATION. I URGE THE DEPARTMENT TO RESPOND TO ALL OF THE QUESTIONS OF THE BEIMDIEK FAMILY IN THE NEAR FUTURE. 

THE SECOND FAMILY I WISH TO DISCUSS IS THE SABOW FAMILY. THE LATE COLONEL JAMES SABOW'S BROTHER, TOM, LIVES IN WAYZATA, MINNESOTA.

COLONEL SABOW WAS A 29 YEAR VETERAN OF THE MARINE CORPS AND SERVED AS THE ASSISTANT CHIEF OF STAFF AT EL TORO MARINE CORPS AIR BASE IN CALIFORNIA DURING THE GULF WAR. HE WAS FOUND IN HIS BACKYARD, FATALLY WOUNDED BY A SHOTGUN BLAST IN THE MOUTH. THE MARINE CORPS DETERMINED THIS WAS A DEATH BY "SUICIDE".  

THE EVIDENCE CALLS INTO QUESTION THAT CONCLUSION. COL. SABOW WAS PRIVY TO INFORMATION WHICH ALLEGED HIGH LEVEL CRIMINAL ACTIVITY IN THE MARINE CORPS. COL. SABOW WAS READY TO SHARE THIS INFORMATION WITH INVESTIGATORS AND INDICATED A WILLINGNESS TO RISK COURTS MARTIAL. 

THERE HAVE BEEN THREE INVESTIGATIONS BY THE MILITARY INTO THIS CASE. IT HAS NOT BEEN DETERMINED WHETHER THE FBI HAS BEEN INVOLVED. THE CASE HAS BEEN BEFORE TWO FEDERAL COURTS AND RECENTLY RECEIVED A DECISION WHICH ALLOWS THE SABOWS TO CONTINUE TO PURSUE THE CASE IN COURT. THERE'S AN OLD SAYING "IF YOU CAN'T REFUTE, CONFUSE" AND I'M CONCERNED THAT MAY BE THE MILITARY'S POSITION WITH REGARD TO THIS CASE. 

BOB BUTZ IS THE UNCLE OF THE LATE NAVY FN TOMMY BUTTZ, THE THIRD MINNESOTAN I WISH TO DISCUSS TODAY. TOMMY WAS FOUND HANGING IN A LOCKED ROOM ABOARD THE USS PYRO. 

THE NAVY PROHIBITED MR. BUTTZ FROM VISITING THE PYRO FOR THREE YEARS BEFORE HE COULD ACTUALLY SEE THE ROOM WHERE HIS NEPHEW DIED. THERE WAS A DISCREPANCY AS TO WHAT ROOM TOMMY ACTUALLY DIED IN, ONE ON THE UPPER DECK OR IN A LOWER DECK ROOM. THE NAVY'S THEORY WAS THAT TOMMY HAD PADLOCKED THE ONLY DOOR TO THE ROOM FROM THE OUTSIDE AND THEN CLIMBED INTO THE ROOM THROUGH A WINDOW. HOWEVER, WHEN THE DISCOVERY WAS MADE THAT HE WAS FOUND DEAD IN THE LOWER DECK ROOM, THAT THEORY WAS QUESTIONED, BECAUSE THERE WERE ONLY PORTHOLES IN THAT ROOM NOT LARGE ENOUGH FOR ANYONE TO CLIMB THROUGH. 

THE CONCLUSIONS OF THE DEPARTMENT OF THE NAVY DO NO COINCIDE WITH THE EVIDENCE. THE FAMILIES OF THE DECEASED, WHO SERVED THIS COUNTRY ARE BEING TREATED UNFAIRLY. 

MR. CHAIRMAN, I HAVE SOME CONCERNS ABOUT WHETHER THESE CASES SHOULD BE INVESTIGATED BY THE MILITARY. SENATOR DeCONCINI IN 1994 PROPOSED AN AMENDMENT TO THE 1995 DEFENSE AUTHORIZATION BILL WHICH WOULD HAVE ESTABLISHED AN INDEPENDENT INVESTIGATIVE ENTITY RESPONSIBLE FOR HANDLING MILITARY SEXUAL HARASSMENT CASES. THIS CONCEPT COULD BE EXPANDED TO INVESTIGATE NON-COMBAT DEATHS. 

AN INDEPENDENT REVIEW BOARD COULD PROVIDE AN UNBIASED INVESTIGATION. BOTH THE IG AND THE JAG REPORT UP THROUGH THE MILITARY AND CIVILIAN COMMAND AND DO NOT HAVE THE INDEPENDENCE NECESSARY TO ANSWER THE DIFFICULT QUESTIONS OF GRIEVING FAMILIES. 

I INTEND TO PURSUE INDEPENDENT REVIEW BOARD LEGISLATION IN THE NEXT SESSION OF CONGRESS AND HOPE THAT MY COLLEAGUES WILL CONSIDER THIS OPTION AS A FAR BETTER WAY TO INVESTIGATE THESE DEATHS. I LOOK FORWARD TO WORKING WITH MY COLLEAGUES ON THE ARMED SERVICES COMMITTEE ON THIS MATTER IN THE 105TH CONGRESS.