California’s 28th Congressional District representative, Judy Chu, has teamed up with other lawmakers to introduce a new bill aimed at categorizing “bullying” as a distinct criminal offense under military law. Chu’s nephew, a former Marine who tragically took his own life in 2011 after facing bullying from fellow servicemembers in Afghanistan, inspired the initiative.
On the 26th of May, Chu, along with Federal Representatives Dan Goldman from New York’s 10th District and Jill Tokuda from Hawaii’s 2nd District, introduced the “Harry Lew and Danny Chen Military Justice Reform Act.” The bill seeks to formally criminalize bullying within the military and incorporate it into the Uniform Code of Military Justice (UCMJ). The Senate version is led by New York Federal Senator Kirsten Gillibrand.
The bill is named after Lance Corporal Harry Lew of the Marine Corps and Private Danny Chen of the Army. Both individuals tragically ended their lives in 2011 during their service in Afghanistan after enduring prolonged bullying and mistreatment within the military. The legislation calls for the Joint Service Committee on Military Justice to conduct research and submit reports to Congress analyzing the necessity of establishing a standalone “bullying offense” within the UCMJ.
According to the bill, Lance Corporal Harry Lew endured a brutal three-and-a-half hour “corrective training” session in Afghanistan, during which he was subjected to insults, forced to dig foxholes, and made to perform meaningless exercises with heavy gear and a 25-pound sandbag. The abusers stomped on his back, physically assaulted him, and poured sand into his mouth and nose. Just 22 minutes after the abuse ended, he took his own life at the age of 21.
Similarly, Private Danny Chen, only 19 at the time, faced severe bullying, including racial discrimination, violent attacks, crawling hundreds of meters on a gravel path while fellow servicemembers threw stones at him, and being dragged across a field by superior officers while being beaten by other soldiers. On October 3, 2011, he was found dead in his barracks from a self-inflicted gunshot wound.
Chu remarked that the 26th of May would have been Danny Chen’s 34th birthday and expressed her honor in spearheading this bill to commemorate both Chen and her nephew, Harry Lew. She emphasized that their tragedies are not isolated incidents but symptomatic of a culture of bullying within the military. After sharing Harry Lew’s story, Chu stated she has heard similar accounts from military families across America, further urging her commitment to reform.
“No family should have to worry about their children losing their lives due to bullying and humiliation from their comrades when enlisting,” Chu stressed, “Protecting the dignity and respect of servicemembers not only strengthens the military but also safeguards each individual in service.”
Chen’s family expressed that Danny was not just a son, nephew, or cousin but also an American citizen. By supporting this bill, they hope to create a military environment free from bullying and more nurturing. They declared, “We refuse to allow any more families to endure the pain and senseless deaths experienced by Danny.”
Representative Tokuda highlighted that soldiers pledge to defend the nation upon enlistment, not to endure shame and abuse. She stated that Congress has a responsibility to eradicate such behavior, establish more robust oversight and accountability mechanisms, and advocate for inclusion in the annual National Defense Authorization Act (NDAA).
Representative Goldman mentioned that Danny Chen grew up in New York’s Chinatown and dedicated his life to protecting others; his death brought immense sorrow to his family and community. Congress has a duty to learn from this tragedy and end the culture of bullying within the military.
Senator Gillibrand also added, “Our servicemembers protect our nation every day, and it is our responsibility to protect them. We cannot tolerate military bullying and mistreatment that leads young soldiers to suicide.”
The bill has garnered support from 15 congressional members and has been endorsed by the OCA – Asian Pacific American Advocates, an Asian American advocacy organization.
Judy Chu has been a longtime advocate for anti-bullying reforms within the military. She facilitated the first congressional hearing on military bullying since 1979 and successfully included the “Harry Lew Military Hazing Accountability and Prevention Act” in the 2013 fiscal year NDAA. Subsequently, she added relevant provisions to the 2015 fiscal year NDAA, requiring the Government Accountability Office to review anti-bullying measures within the Department of Defense and the Coast Guard.
Following a GAO report citing significant shortcomings in training, recording, and accountability systems within the military, Chu introduced amendments calling for annual reports from the Department of Defense, uniform data collection mechanisms, enhanced commander training to prevent bullying, and reflection on the lessons learned from the events of Harry Lew and Danny Chen.