Tuesday, September 27, 2016

Two Generals are in Trouble.... Brigadier General Michael Bobeck, "Busted for alleged adultery and misuse of Gov't resources," and Major General Wayne Grigsby, "Steps down while investigations are underway."

MilitaryCorruption.com reports, 


In a rare occurrence, two Army generals are in trouble at the same time. B/GEN Michael Bobeck, a National Guard flag officer, has been fired for alleged adultery and misuse of government resources. Two-star General Wayne Grigsby, the youthful-looking commander of the Fort Riley-based 1st Infantry Division, has been suspended from his high-profile position.

We have very little INTEL at press time as to why Grigsby is under investigation and obviously in some difficulty. All our Army CI's, especially those in place at Fort Riley, are urged to contact us as soon as possible with whatever you can find out. Thank you. Your identity will, of course, be protected.

The Army is being very tight-lipped on Grigsby. Usually, we can dig up at least some dirt despite the paucity of details from the public affairs office. But in this general's travail, the powers-that-be have kept on a tight lid. It has to be pretty serious for them to even announce that he's been suspended from his command, but there is no indication as of now, if the problem is sex-related or otherwise.


Bobeck's case is much more clear-cut. He's been fired from his position as National Guard representative to the Joint Chiefs of Staff and may be putting in his retirement papers soon. We hear he might go out the door at a lower rank. Time will tell on that.

We do know that the one-star raised eyebrows when he moved into an all-expenses paid apartment thanks to his longtime lobbyist buddy, Joe Ferreira. He's a high-power guy at Peduzzi Associates Ltd. of Alexandria, Va.- an outfit representing Sikorsky, a division of Lockheed Martin.. The general is, or we should say was, a big-shot with Army aviation.

Bobeck spent three years, between 2010 and 2013, as chief of Army National Guard Aviation for the Guard Bureau. Then, until 2015, the B.G. was director for aviation transportation and the right "go-to" person to know to get help securing government contracts,"The general maintains he was in no position to award government contracts," Bobeck's attorney says. But was he able in any way to influence who got the biggest slice of the Pentagon money pie? Where there's smoke, there is often fire, folks, Stay tuned. More to come.

Full article: http://militarycorruption.com/2generals.htm

My thoughts:
This article certainly offers Truth, in that "Rank, Race and Military Position," certainly has its privileges.   

When I came across this article, I said to myself, "Here we go again!"  Another military adultery case, involving a high ranking senior officer, misusing government resources to carry on his "alleged" affair, meanwhile, like the rest, he'll likely be allowed to retire unpunished, receive his pension benefits and due to his years of military training and experience, he'll also land a cushy post retirement consultant position with a top defense contractor, like the rest of his Good old Boys. 

Meanwhile, the Navy's Board for Correction of Naval Records has yet to make a final decision on my retirement pension; this is months following the US District Court's ruling on my Civil Action case against the Secretary of the Navy Ray Mabus, which cited Whistleblower Retaliation; thus providing legal precedence for thousands of other veterans to come forward, who endured Civil and Human Rights violations as a result of their superior’s failure to uphold their Civil Rights protection.

One thing that I've learned during my “Long Fight for Justice,” is that, it may not come right away but when it does, the evidence is irrefutable!!    

When I first went public about Military Fraud and its ongoing Sex Scandals, I wasn't aware of the Military’s Sexual Assault and Rape Epidemic, independent of Sexual and Racial Discrimination and Sexual Harassment.  Unfortunately, such behavior is being mimicked throughout our country, especially on college campuses and will soon make its way into our civilian workplaces!!

Not to bring politics into this discussion but after last's night Presidential debate, I'm proud of Hillary Clinton, for once, she was able to remind us, WOMEN (including transgenders - those considering making the full transition), what to expect should Donald Trump get elected. He has a lot of supporters and followers who idolize him and he's ideologies will soon rub off on them.  

At a time like this, I would rather lobby against politicians like Donald Trump than support him.

Meanwhile, my message to all “Fathers and Mothers” is to Protect your Children and Lobby AGAINST the potential Draft Bill, demanding that our young women register at the age of 18!  

Until there are Human Rights laws in place, serving as an Umbrella for Human Rights Protection throughout this country, our young girls should not be forced to serve in harm’s way, independent of the combat warzone!!  The beginning of the Iraqi war provided enough evidence and statistics of the number of female personnel who were raped and murdered. So far, the worse unsolved criminal case is PFC Lavena Johnson.  May she R.I.P.

Related articles:

Monday, September 26, 2016

Second Navy Sailor Refused to Stand for Anthem

Intelligence Specialist 2nd Class Janaye Ervin. Facebook photo

Military.com reports, “Intelligence Specialist 2nd Class Janaye Ervin, a reservist on active duty within U.S. Pacific Fleet, is subject to administrative actions, still under review, for refusing to stand for the national anthem while in uniform Sept. 19.

Ervin posted a public account of her actions to Facebook on Sept. 21.
"I have been proudly serving in the US Navy Reserve Force since November 2008. I have pledged to support and defend the Constitution of the United States and to spread freedom and democracy around the world. I will never waver from that pledge," she wrote in the post, which included a photograph of herself in her Navy blue digital camouflage work uniform.

Her choice not to stand for the anthem was a conscious decision, made for ideological reasons, she said.
"I feel like a hypocrite singing about the 'land of the free' when I know that only applies to some Americans," she wrote. "I will gladly stand again, when ALL AMERICANS are afforded the same freedom."
According to activist and New York Daily News reporter Shaun King, who publicized Ervin's case on Twitter along with a Change.org petition supporting her, Ervin said she lost her security clearance and was threatened with jail by the Navy in response to her actions.
Full article: http://www.military.com/daily-news/2016/09/23/second-sailor-under-review-for-refusing-to-stand-for-anthem.html
My thoughts…
When are Black Americans going to Evolve past the Slave Syndrome and take personal responsibility for the actions of others within their communities, as well as take legal action against those who are in clear violation of the Constitution, be it, police officers or hold our Black Congressional members accountable?!! Vote their asses out of office!!!
But I guess it's hard to evolve past it (the Slave Syndrome) if it's constantly being broadcasted in your face by members of the entertainment community!!!
That's why I cancelled my cable subscription years ago and I can't remember the last time I watched a Black Slave movie. Yet, nearly every appearance Michelle Obama makes or speech she gives, she's paid to reinforce the Slave Syndrome!!!  While Black Americans worship her and her husband??!!!
Riddle me this, "What have Black politicians done for the Black Community lately?!" besides getting behind a microphone in protest?! What about passing laws to uphold the Human Rights of All American citizens!!! Considering America's Black President was a legal professor who taught Constitutional Law!! I digress... 
Considering my personal Fight for Justice and ongoing legal battle with the Navy, I find it disgraceful to see young military personnel violating military regulations by jumping onboard such a sensitive social issue and asking for public support in defense of their actions!! Lucky for me, when I decided to challenge the fraudulent actions of my superiors, I had senior mentors and legal advocates who guided me through the now, 9-year process, ensuring I did not violate regulations that would get me in trouble, despite their unlawful retaliation against me for attempting to exercise my "Civil Rights?!" Similar to disobeying the unlawful actions of police officers; go along with their unlawful actions, while praying for Spiritual protection of course, and fight them later in the court of law!!
Instead of flooding the streets in protest, flood the court system in protest!!! Demanding Human Rights Protection!!
For the record, I never followed behind jocks in her high school because I've never been a follower!!
Lastly, if you are brave enough to stand in protest for the very thing you are PAID to represent, you should be brave enough to accept the consequences of your actions!!!

Saturday, September 24, 2016

My thoughts for the day, to encourage others to dig deep within their hearts to show Love and Compassion for Humanity!!

Love and Compassion is the Key
©  2016  Sy’needa Penland

As gentle as a flower,
compassion lies
within our hearts;
Neither hate nor anger
can rip it apart;
Peace, Love and Respect
is the Key
to restore humanity;
Goodwill towards all,
in the name of
Love, Compassion
and Unity.

Wednesday, September 21, 2016

My latest poetry piece... I wrote this one a few minutes ago after my morning meditation, asking that Peace, Love and Unity be restored on Mother Earth and Goodwill towards Humankind!!

Love, Wash Away My Filth
© 2016  Sy’needa Penland

When I uncloak the veil
that covers all of humanity,
I’m infused with energetic vibrations
of Cosmic – Loving energy.

Skin covered in sin
from all that I have seen;
Love, wash away my filth,
make my Spirit clean!

Rising from the depths of my core,
you shall sin no more;
Souls filled with cosmic love,
as Humanity is restored!!

Tuesday, September 20, 2016

I must admit, this video is well worth watching; especially after having served in the Navy for nearly 20 years as an “Order-Follower,” as Mark puts it.

 A large majority of our population may consider the roles of military and law enforcement officials “patriotic,” but other individuals like Mark Passio consider their actions to be that of an Evil and Cult like behavior….  After listening to his presentation, I welcome you to be the Judge!!

Mid-way through this video, I had a Come to Jesus moment and was guided to the following passage from the Old Testament, seeking a better understanding of certain "immoral issues" that are impacting and destroying the moral fabric our society,

Jeremiah 12:1

Righteous are You, O LORD, that I would plead my case with You; Indeed I would discuss matters of justice with You: Why has the way of the wicked prospered? Why are all those who deal in treachery at ease?

My thoughts on this particular passage is that maybe, those who deal in treachery are at ease, simply because they have constructed a fiefdom that allows them to pass the torch of Evil onto other Evil doers to carry out their Evil deeds in an effort to maintain power and control over other human beings.

“Unless thy heart is pure, thy mind is not, for that is the way of the wicked.  The two shall serve as one,” which is my daily mantra!!

I’m not perfect and I’ve never professed to be but when it comes to caring about the livelihood of otherspreserving humanity on a global scale, and doing what is right, above all else, I would rather take the moral high-ground, rather than follow orders to carry out Evil!!  Plain and Simple!!

Having served nearly 20 years in the Navy, I must agree with Mark’s notion that “Some people are indeed born morally corrupted and some join the ranks of our law enforcement and Armed Forces to have a “legal right” to harm others, be it in the streets of America's inner cities, on the battlefield in foreign countries, or in the private living quarters of military barracks.    The mere rise in the military’s sexual assault and rape epidemic is more than enough reason to institute criminal justice reform throughout all branches of our Armed Forces.   And the ongoing police brutality against people of color is enough justification to institute criminal justice reform within our law enforcement agencies.

Injustice anywhere is a threat to Justice everywhere, were amongst the most compassionate thoughts of the late Dr. King!!    And they are words to live by in today’s society where the future of our younger generation is a stake!!

When I last served in the Navy as a former budget officer, my morality was tested once more and I chose to walk along the side of righteousness.  From day one, I always stood up for others and was often blackballed for my actions, which was always questioning the “authority” of the so-called “authority.”   My typical job assignments were in plans and policy making, serving on the staffs of some of the Navy's most senior headquarters commands, and a few shipboard logistic assignments. 

Imagine being a righteous person and double minority serving in one of the most racists organizations within of our Armed Forces, who publicly profess Equality and Diversity for minorities, but secretly condone mistreatment and violence against women and men alike. Especially against those who speak out about military injustice and corruption.  

After blowing the whistle on defense contracting fraud, misappropriation of war funds and other forms of systemic corruption;   I was punished!!  Scared with the Scarlet Letter!!   And later banished from the military’s “Cult, as Mark puts it!!  

Looking back on each decision I made throughout the initial reporting and prolonged investigation process (even to this very day), I always followed my ‘heart and mind’ to do what is right, for the purpose of preserving the integrity of our country as well as humanity as a whole, in despite of enduring non-stop bullying, harassment (from day one), discrimination, exposure to extremely hostile working conditions and years of ongoing retaliation and subsequent human rights abuse.    The military is a self-governing system that applies law as senior officials sees fit!!

Over the past decade, thousands of military disabled Veterans, including myself, have come forward to speak out about encountering Civil and Human Rights abuse while serving throughout all branches of our Armed Forces.   Our issues have been brought before the United Nations, meanwhile, they remain a low priority for President Obama’s administration.

Reflecting back on President Kennedy's and Johnson’s Administration,  during one of America's most violent civil unrest periods, they both had a “Come to Jesus Moment” and President Johnson signed off on the Civil Rights Act and other Amendments that followed, for the sake of moving America forward toward achieving Equality and Diversity, not destroying it!! 

So why is President Obama leaving these issues to be resolved by the next President?! Police brutality against Black Americans and other injustices?!! Wow, talk about a disgrace to the black race!!

Sunday, September 18, 2016

Earlier this year, MSN reported, "We need to talk about the child rape lawsuit filed against Donald Trump." Why does this remain a mute issue?!! Considering the systemic Military Rape and Sexual Assault Epidemic?!! Should he win, Donald Trump will serve as the military's Commander in Chief!!!!

In April, MSN reported, "You’d think an accusation of child rape levelled at one of the most powerful men in the Western world would be front page news, and yet reports of a federal lawsuit filed against Donald Trump, which claims he and another man sexually assaulted a 13-year-old girl, have hardly made a sound.

While the billionaire US presidential hopeful has denied any wrongdoing — his lawyers have described the reports as “categorically untrue, completely fabricated and politically motivated” — that doesn’t mean they aren’t potentially credible and it certainly doesn’t render them not newsworthy.

An anonymous “Jane Doe” alleges that Trump raped her in 1994 while she was being held as a sex slave in an apartment belonging to Jeffrey Epstein, a well-known American financier and convicted sex offender.

He is a man who Trump is known to have a relationship with and whom he once described as a “terrific guy” who “likes beautiful women as much as I do, and many of them are on the younger side.”

The woman claims Trump "initiated sexual contact" with her on four occasions while she was 13, according to her victim statement.

She described the fourth as a "savage sexual attack" after which he threatened that she and her family would be "physically harmed if not killed."

There is also a witness to the assault — which is extremely rare — who corroborates the story.

A "Tiffany Doe" who worked as Epstein's "party planner" from 1991-2000 and says part of her job was "to get attractive adolescent women to attend these parties."

"I personally witnessed the Plaintiff being forced to perform various sexual acts with Donald J. Trump and Mr. Epstein. Both Mr. Trump and Mr. Epstein were advised that she was 13 years old.

"I personally witnessed four sexual encounters that the Plaintiff was forced to have with Mr. Trump during this period, including the fourth of these encounters where Mr. Trump forcibly raped her despite her pleas to stop."

Arguably, it is very much in the public interest for news organisations to report that the man seeking to lead the free world is accused of having sex with an underage girl multiple times and, on one occasion, allegedly doing so violently and without her consent — even if the allegations are later proven not to be true.

The Huffington Post is one of the few places a balanced analysis of the case's viability can be found.

As legal analyst for NBC News Lisa Bloom writes: "If the Bill Cosby case has taught us anything, it is to not disregard rape cases against famous men."

"In covering a story, a media outlet is not finding guilt. It is simply reporting the news that a lawsuit has been filed against Mr. Trump, and ideally putting the complaint in context."

The context she provides is one of Trump's overt misogyny and sexualisation of women.

She points to his sexist commentary about journalist Megyn Kelly, his decades of unapologetic objectification of women and two previous sexual assault claims made against him (though later dismissed), including an accusation of rape by his first wife Ivana Trump.

Being a misogynist does not automatically make someone a rapist. But when a known misogynist who is running to be President of the United States is accused of raping an underage girl, it certainly warrants investigation.

"We live in a world where wealthy, powerful men often use and abuse women and girls," Bloom says.

"While these allegations may shock some, as a lawyer who represents women in sexual abuse cases every day, I can tell you that sadly, they are common, as is an accuser’s desire to remain anonymous, and her terror in coming forward."

Full article:  http://www.msn.com/en-sg/news/world/we-need-to-talk-about-the-child-rape-lawsuit-filed-against-donald-trump/ar-AAi4gRO

Wednesday, September 14, 2016

John Kerry's State Dept Funnels nearly $9 million to his Daughter's nonprofit foundation, through the Peace Corps

I've known John Kerry was corrupted for a number of years and I'm glad his corruption is coming to light!! 

This reminds me of when I served as a former Navy budget officer, uncovering mounds of evidence, involving senior active duty and retired officers' - serving in combat expeditionary warfare roles and CNO program managers, funneling money to their buddies' who owned and operated defense contracting companies; awarded millions to serve as "defense consultant advisors", advising their buddies at the Pentagon to steer contracts their way!!  In return, they were rewarded  with a lucrative post military consultant position.  

Yet when I reported thousands of documents, containing irrefutable evidence to the Department of Justice Anti-trust division, initially reported in June 2009, the Navy's response to my whistleblower action was a general discharge without, my hard-earned pension benefits!!    

After filing a Civil Action lawsuit against Secretary of the Navy, Ray Mabus, on the merit of Racial and Sexual Discrimination along with Whistleblower Retaliation, in mid-April, Senior US District Judge, Rosemary Collyer, cited the Navy violated my whistleblower protection when they sought to punish me for initially reporting their corrupt actions to the Navy IG in early 2007.   Meanwhile, after her decision, the Navy refuses to instate my pension benefits!!  

Meanwhile, more senior white officers are committing adultery, raping and molesting our young women and are retiring with their pension benefits in tact, along with landing lucrative consultant positions at some of the top defense industry firms.  

I'm not sure to call their blatant Retaliation against me, Racist or Sexist.....   Given the rise in racial and gender disparity throughout our country!! 

The Blaze reports, Rapper Lil Wayne Is Asked About Racism in America. Very Few Could Have Predicted His Answer.

Before you watch the video on the link below, watch this video to see how black celebrities will incite  racism but accepts no responsibility for their actions!!


WOW, this is incredible?!.....

Thursday, September 8, 2016

"No Fair Justice for Survivors of Military Rape and Sexual Assault, in the House's attempt to "pacify" the Military's Systematic Rape and Sexual Assault Epidemic!!" The "Survivors' Bill of Rights Act" sounds Liberating but it has no Punch!!

Mic.com reports, "The House just passed an act giving sexual assault survivors a bill of rights," an act that would reform the way the criminal justice system deals with sexual assault is on its way to President Barack Obama's desk after a unanimous vote from the House of Representatives on Tuesday.

According to the Hill, the bipartisan legislation is known as the Survivors' Bill of Rights Act and would guarantee sexual assault victims' access to rape kits and ensure forensic labs won't destroy them

The Senate passed a companion bill introduced by New Hampshire Sen. Jeanne Shaheen in May, to the same overwhelming support. Founder and president of the civil rights nonprofit Rise, Amanda Nguyen, has been working closely with legislators on both bills to establish justice for sexual assault survivors everywhere — including herself.

"I can't wait for the day I can write to the forensic lab and say, 'This is the law,' and I will no longer need to do this," Nguyen — who has had to call a forensic lab every six months to "extend preservation" of her rape kit — told People. "You can't destroy my rape kit anymore – you can't destroy anybody's."

Full article: https://mic.com/articles/153610/the-house-just-passed-an-act-giving-sexual-assault-survivors-a-bill-of-rights#.DL9548GQR

Food for thought:  "If a woman in the private sector calls 911 to report that she's been raped, it is proper protocol to administer a rape kit on the victim and preserve the evidence for later criminal prosecution of her perpetrator," which the same rules should apply in the military?!!" 

Some may consider this piece of legislation as progress, given the  large amount of injustices that continues to plague our military, especially involving Human and Civil Rights violations, committed against military service personnel.  The most egregious of such crimes involves, "Rape, sexual assault, sexual and racial discrimination, retaliation, and in the case of PFC Lavena Johnson, all of the above, including Murder!!"  

Yet in my view, I THINK THIS IS A WEAK BILL!!, which has always been my position on this issue since I became aware of the Senate Bill 1752, more commonly known as the Military Justice Improvement Act (MJIA).   

The bill was introduced by U.S. Senator Kirsten Gillibrand (D-N.Y.) in 2013, as an attempt to reform procedures for determinations to proceed to trial by court-martial for certain offenses under the Uniform Code of Military Justice and for other purposes. The focus of the bill is to address the way that sexual assault in the United States military is handled through the military justice system and the chain of command.[1]

Gillibrand said the bill was inspired, in part, by the acclaimed documentary film, "The Invisible War," which is about sexual assault in the United States military.
For several years, Congress has spent millions of tax dollars and man hours, towards building a database of "potential claims" against the government, due to their failure in NOT holding the military's top brass accountable, in upholding the Constitutional Rights of ALL active duty personnel, while the Pentagon continues its “test trials” of integrating women to serve alongside men in some of the worse working conditions, including frontline combat.   

During this season's Presidential debate, I learned that we’ve been considered “human lab rats” all along.  Try telling that to the survived children that are still grieving over their parent’s suicide!!  Be it a military rape victim, or a veteran who was denied immediate health care treatment at the VA, or a veteran who overdosed on prescription medication, which I view the VA as the largest drug pushers in the country!!     I digress... 

During my 20 years of active military service in the Navy, I served as both enlisted and officer.  After enrolling in a second Master’s degree program, in Human Resource Management, I began to notice HUGE disparities in the treatment of military personnel, especially those of color.  The mistreatment was in clear violation of federal Civil Rights laws, which is not recognized by the Pentagon’s mid-grade leadership.   Their primary focus is to carry out the mission.  They are not professionally trained to deal with legitimate Civil and Human Rights issues in the military, there is an independent and biased equal opportunity management program that strictly deals with the Pentagon's “minority issues” throughout the Armed Forces.

Here are a few links to the Pentagon's Defense Equal Opportunity Management Institute that primarily teaches senior enlisted military personnel on how to "manage" the military's Civil Rights issues, in their view, lack thereof.  


During my tenure as a "double" minority officer, I volunteered to serve as an Equal Opportunity Advisor and Sexual Assault Victim Intervention Coordinator at most of my commands, as a means to protect myself against potential Civil Rights crimes, as well as being an advocate to victims of such abuse.  Having been an advisor to numerous Commanding Officers, trust me, the system is biased!!! Simply take a look at the gender and racial quotas (disparities) throughout the military, as well as the statistics on the military's rape and sexual assault epidemic, they speak for themselves. 

As a Humanist, who only sees a person’s character, before their skin color, it would always sicken me to see how white officers, throughout the Navy's wardrooms, viewed "people of color" that worked in various divisions throughout the Supply department, as modern-day slaves, despite the fact that they were paid for their service.  It was far worse for junior black officers in the Surface Warfare community.  

In my memoir, "Broken Silence, a Military Whistleblower's Fight for Justice, I discuss how they cleverly used strategic tactics to “disqualify” minority officers from obtaining their Surface warfare qualifications.   Yet more “sexual assault and rape victims” have come forward to report the sexual advances of their Commanding officers who solicited them for sexual favors in return for promotion opportunities; including granting them their Surface Warfare qualification.

During my years of social media advocacy for numerous Civil and Human Rights issues, including military rape,  I’ve only met one female veteran who won her rape case while serving on active duty, and she have strong reasons to believe that not all rape and sexual assault "victims" are forthcoming, including the "Non-Profit organizations" that advocate on their behalf.   I've always stood on neutral ground with this issues but I will call a spade a spade!!

Yet the easiest and best solution to this matter is not passing a "Survivor’s Bill" that would guarantee sexual assault victim’s access to rape kits and ensure forensic labs won’t destroy them, which clearly sends a message that the military’s justice system is either incompetent or biased (which have always been my thoughts), but to create an independent commission, similar to the Secretary of Labor’s EEOC, to manage ALL issues of Civil and Human Rights violations throughout all branches of our Armed Forces!!

I sympathized with all veterans who have endured Civil and Human Rights violations during their service to our country.   Especially in the wake of America's ongoing social tensions within the African American and Native American communities who are constant victims of state, federal and privatized injustices.

It's been almost 10 years since my racist and sexist encounter with the Navy's top brass and I've been more than patient for them to right all the egregious wrongs that were committed against me.  Since the beginning of my case, I’ve sat back and read dozens of news articles relating to sexual misconduct of senior white officers, male and females, engaging in sexual explicit activity, ranging from "couple's swinging, ongoing adulterous affairs, and in worse cases, rape and/or sexual assault of subordinate personnel."  The majority of the cases went unpunished, none experienced the same level of prosecution as I, and they retired with their full pension in-tact and are now serving as defense consultant advisors, which speaks volumes of their revolving door practices. 

I pray President Obama rejects this bill, instead sign off on a Human Rights Bill that will honor and preserve the Human and Civil Rights of all personnel serving within our Armed Forces; holding the Pentagon's top brass to a higher standard of proffessonal conduct!!    Hopefully the Bill will further address the Human and Civil Rights violations throughout this country. 

Friday, September 2, 2016

Army Major Eric Smith forced to Fight for his Job – De Facto Prosecution Continues After Official Exoneration

Save our Heroes reports, MAJ Eric Smith has been exonerated and vindicated. However, to date, Madigan Army Medical Center (MAMC) and the Army Medical Command (MEDCOM) have demonstrated contempt for the Army Court, the Board of Inquiry, due process, the Army Values, as well as their own binding clinical quality management regulations.

MAJ Smith’s case is a perfect example of the gauntlet service members’ are forced to endure once they are accused of wrongdoing. It exemplifies why the system requires reform.

To recap, MAJ Smith unexpectedly tested positive for cocaine on a routine urine drug screen in July 2011. Maintaining his innocence, MAJ Smith immediately consented to a hair follicle test that was collected at the optimum time of detection for the suspected use. The results were negative down to the level of detection and indistinguishable from the “zero” blank. Studies indicate that the chance of discordant results between a positive urine test and a negative hair follicle test are less than 0.03%.

Regardless, the government choose to prosecute. To MAJ Smith’s surprise, his military counsel informed him on the day of trial that the hair follicle test would not be admitted as evidence. As such, MAJ Smith was found guilty and sentenced to 24 months of confinement at the Northwest Joint Regional Correctional Facility on JBLM, WA on 28 Sep 2012. This sentence was the longest sentence ever imposed upon a person for this charge in over 25 years.

On 15 May 2013, after seven months of confinement, MAJ Smith was granted clemency. Upon release, he requested a forensic polygraph – it was negative. However, this evidence did not sway the General Court Martial Convening Authority (GCMCA) and the GCMCA upheld the conviction.

MAJ Smith then requested that the GCMCA, LTG Robert Brown, allow him to re-test the allegedly positive urine sample. The GCMCA declined MAJ Smith the opportunity to examine the evidence brought against him.

In August 2013, MAJ Smith’s case officially entered the appeal process. It was then that the Army Court of Criminal Appeals (ACCA) granted MAJ Smith permission to re-test the allegedly positive urine sample.

From the outset, abnormalities arose in the retesting of MAJ Smith’s urine. The first test revealed an increase in the quantitative value of the cocaine metabolite BZE from 620 ng/dL to 710 ng/dl. This was odd, as after being frozen and stored the result should have gone down. So then MAJ Smith’s forensic team had the urine tested to see if it was actually his and the results were astonishing – the sample contained two contributors of MAJOR DNA; MAJ Smith and an unknown donor. It was a contaminated sample, and hence should be legally categorized as “invalid,” with no probative value.

This evidence became available in Jan 2015, and MAJ Smith immediately informed his command. Nevertheless, no action was taken to adjust course; he was merely told he could be the guilty donor. No attention was paid to the negative hair follicle test, the negative polygraph, nor to the fact that the sample no longer had any probative value.

On July 17, 2015, ACCA set-aside MAJ Smith’s conviction solely on the basis of “ineffective assistance of counsel,” and returned the case to the GCMCA, LTG Stephen Lanza, to re-try the case at his discretion. The exculpatory scientific DNA evidence was not addressed by ACCA.

Upon receipt of this news, MAJ Smith approached his command and Tripler Army Medical Center – Forensic Toxicology Drug Testing Laboratory (TAMC-FTDTL) and unambiguously asked them to investigate the contaminated urine sample to see whether the contamination was an error or deliberate. To his knowledge, neither his command nor TAMC-FTDTL has launched an investigation. Interestingly, his urine sample in storage at TAMC-FTDTL was destroyed on July 17, 2015 – the same day as the ACCA decision to set aside his conviction.

Furthermore, MAJ Smith also approached his command asking to have his hospital privileges reinstated and to be returned to work as a physician. On 10 August 2015, this nearly happened. The sitting Army Surgeon General, LTG Patricia Horoho passed word down to MAJ Smith to submit a new application for hospital privileges at MAMC. However, later that day LTG Horoho sent word down that she spoke to soon, and instructed MAJ Smith to stand-by.

On 2 Sep 2015, MAJ Smith was counseled by the MAMC Deputy Commander for Clinical Services and Acting Commander, COL Stephen Yoest. Astonishingly, he was presented with a General Officer Memorandum of Reprimand alleging wrongful use of cocaine again and citing one instance of unprofessional conduct in July 2011 when MAJ Smith used profanity in the presence of a junior NCO when frustrated with an ever changing leave request submission policy.

The counseling states, “the adverse privileging action was based on your misconduct, and not on your conviction alone.” Interestingly, a review of the Army Regulation 40-68 reveals a list of Reportable Acts of Misconduct/Unprofessional Conduct for DOD Health Care Personnel. Using profanity in front of an NCO does not meet any of the criteria in that list.

Moreover, the counseling goes on to say that the “GCMCA has decided not to re-try the case, but rather to issue a GOMOR.” Clearly, the GCMCA understood that MAJ Smith had evidence that exculpated him and that in a new trial he would be found “not guilty,” and that he had already been punished with 7 months of unwarranted confinement.

Predictably, this GOMOR triggered a Board of Inquiry (BOI), where MAJ Smith risked an Other-Than-Honorable discharge, loss of a military pension, and loss of Veteran’s Administration benefits. Notably, MAJ Smith is a combat veteran with both mental and physical issues related to his multiple combat deployments.

MAJ Smith zealously defended himself, and on 3 March 2016 the BOI voted unanimously to retain him on active duty. The findings from the BOI state, “The allegation that the Respondent has had substantiated derogatory activity resulting in a GOMOR dated 27 August 2015, under the provisions of AR 600-8-24, paragraph 4-2c(5), in the notification of proposed elimination is not supported by a preponderance of the evidence. This finding does not warrant the elimination of MAJ Smith.

Additional comments state: “GOMOR was based on unprofessional behavior in the presence of a Jr. NCO and positive test for cocaine. The results of the urinalysis were inconclusive because of 2 donors’ DNA. The respondent would most likely have not received a GOMOR for the unprofessional behavior for the incident with the NCO if not for the drug charge. This most likely would have been formal counseling.” Which it actually was on 20 July 2011. Interestingly, the Jr. NCO that MAJ Smith used profanity in front of that day, was the NCO administering the urine testing site the day his urine tested positive.

During the BOI, the narrative about MAJ Smith began to shift. The government began to shift focus from the faulty urine drug screen and to alleged poor performance. MAJ Smith handily parried this narrative shift with 30 letters of support from fellow service members, friends and family. Several of the letters mentioned how admirably he has performed, particularly in the combat environment.

MAJ Smith’s Officer Evaluation Reports also showed a clear demarcation prior to and after being falsely accused. Prior to being falsely accused, the majority of his OER’s cited “outstanding performance, must promote.” Only four months later, after being falsely accused, an OER by the same rater cited “unsatisfactory performance, do not promote.” This trend continued until 2015, when the evaluations began to indicate that he is “proficient, and highly qualified.”

Returning to the issue of the urinalysis, COL Steven R. Smith, MAJ Smith’s former supervisor wrote an email on his behalf to the senior leadership at MAMC imploring them to stop the “foot dragging,” to make amends with MAJ Smith and to reinstate him. COL Smith served as the MRO for the Army testing at Joint Base Lewis-McChord after MAJ Smith’s case went to trial. In the email he states,

“As MROs for the Army testing at JBLM, several of us were made aware on multiple occasions of significant issues and concerns for the integrity of our testing program, not at the laboratory level, but at the unit level. It was clear to me that on more than one occasion, test specimens’ chain of custody was compromised at local levels. When no adverse event results, these compromises are simply ignored. When an adverse event occurs, there are clearly cover-ups instituted that usually only involve one or two people.”

COL Smith, also testified on MAJ Smith’s behalf at the BOI and reiterated the same points.

With the results of the BOI in hand and this damning testimony from COL Smith, MAJ Smith went back to his command and requested an investigation again. To his knowledge, no investigation is being conducted either by his command or TAMC-FTDL.

In response to this inaction, MAJ Smith, sought the assistance of Congressman Denny Heck to force a reply. A reply to Congressman Heck from COL Michael Place, Commander, MAMC on 10 Mar 2016 abrogates responsibility to TAMC-FTDTL where the urine was tested. COL Place does not mention nor acknowledge COL Smith’s email or testimony that the chain of custody may have been broken at MAMC or JBLM.

TAMC-FTDTL also replied to Congressmen Heck on 7 April 2016. In the reply, COL David K. Dunning states that “once the aliquot left Tripler FTDTL, we could no longer account for the chain of custody or disposition of the aliquot.” TAMC-FTDTL completely ignores that this information is available and on file at NMS Laboratories in Willow Grove, PA. NMS Laboratories is where the follow-up testing was conducted; it is well known in the forensic community and carries a high reputation. NMS is accredited by the American Society of Crime Lab Directors, whereas TAMC-FTDTL is not accredited by any outside agency.

Moreover, TAMC-FTDTL claims to have a zero false positive rate, and processes 115,000 samples per month or 1.2 million samples per year with 25 employees in its specimen processing section. Calculations indicate that this would mean they process a sample every one to two minutes. This is clearly unrealistic and unbelievable.

After the BOI, MAJ Smith again asked to be reinstated. Again, he was informed that the US Army Surgeon General has final decision authority. So, he indicated to his immediate supervisors that he would approach the new Army Surgeon General, LTG Nadja Y. West. Those supervisors convinced him to stand down and to let them ascertain whether senior leaders at MAMC would support his return to work. MAJ Smith also asked his supervisors to communicate with MEDCOM to see what their response would be.

MAJ Smith then requested they check into voiding the now false report currently maintained with the National Provider Databank (NPDB). The NPDB is a reporting agency originally designed to prevent physicians with action taken on their license and who could present a risk to the public from moving from state to state.

So for 4 months after the BOI, MAJ Smith waited to see if his return to work could be managed “at the lowest level.” In July of 2016, MAJ Smith met with his supervisors. He was informed, “Sorry, no one is going to lift a finger to help you.” When MAJ Smith, asked what MEDCOM’s response was, he was told, “Their response would only confuse you.” MAJ Smith, asked about the reports filed with the NPDB. He was informed, “You’re gonna have to pursue that on your own.”

MAJ Smith, pointed out that they are now false, and the unprofessional conducted cited was in fact, not even reportable in the first place. MAJ Smith was simply directed to, “Take that up with MEDCOM.” His supervisors ended with, “Look, people here just don’t want to work with you, after all that has gone on.” MAJ Smith pointed out that all that has “gone on” was either false and/or of a much lesser consequence/not reportable. The response was, “Well, if you want to go black and white on this issue, go ahead.”

Also in July of 2016 MAJ Smith, received notification that prior to his retirement in November of 2016, an Army Grade Determination Review Board will be convened to make a final determination to recommend the highest grade in which he has served for retirement purposes. Essentially, he could be demoted in rank.

Mystified by this action after being vindicated by the BOI, MAJ Smith learned that the results of the BOI had never been entered into his Official Military Personnel File (OMPF). In contrast, the GOMOR made it to his OMPF within several days of being delivered to him.

So now, MAJ Smith interprets the refusal to reinstate him as a physician, and the de facto prosecution of him administratively, as act of reprisal against him both for blowing the whistle on a faulty urine drug screen and for his previous complaints lodged with members of Congress and the Inspector General. MAMC and MEDCOMS enduring refusal to reinstate him has serious consequences upon his career that will transcend his tenor at MAMC.

In a Whistle Blower reprisal complaint filed with the Department of Defense Inspector General MAJ Smith states,

“Continued revocation of my medical credentials also significantly disadvantages me when applying for jobs in clinical medicine, further training in clinical specialties, when applying for credentials at other medical institutions, and when applying for medical board re-certification. It is mandatory to report this and acts essentially as a bar to future training and/or employment.”

MAJ Smith has attempted to meet and confer with MEDCOM regarding his NPDB report and they have not responded to date. In a letter from his attorney for physician’s issues, Ms. Jane Luciano states:

No amount of “lawyering” can change four fundamental, incontrovertible and fully adjudicated facts: (1) Major Smith has never tested positive for cocaine use at any time during his 29 years of dedicated service; (2) Major Smith has fully complied with all alcohol rehabilitation efforts; (3) Absent the positive urine test for cocaine, the citing of one minor incidence of unprofessional behavior would have resulted in formal counseling and (4) On March 2-3, 2016, a Board of Inquiry fully adjudicated the above facts, found them supported by the preponderance of the evidence, issued said findings which were adopted and approved by the Major General William K. Fuller, USA, Commanding.   Therefore, the references to the above facts in the NPDB reports dated January 20, 2015 and November 23, 2015 are false and the reports must be voided.

Finally, MAJ Smith has been forced to request the intervention and assistance in voiding the NPDB reports and with voiding the revocation of his hospital privileges. In the letter, his attorney for military issues, Mr. William Cassara, states,

“In addition to being subjected to the invalid NPDB reports and the unjustified continued revocation of MAJ Smith’s credentials, his chain of command has completely failed to support this Soldier; instead, members of MAJ Smith’s chain of command have “voted [him] off the island.” Such a disrespectful, disloyal attitude demonstrates contempt for the Army Court, the BOI, due process, and the Army Values.”

MAJ Smith’s harrowing legal journey and de facto prosecution is a travesty of justice that no military service member who has volunteered to “support and defend the Constitution of the United States” should ever have to endure. MAJ Smith has upheld his oath several fold, with 3 official combat deployments and a handful of Special Forces deployments during his career.

Save Our Heroes supports MAJ Smith’s pleas to be returned to clinical medicine and to be made as whole as he would have been if his legal ordeal had not happened. Thirty letters of support demonstrate that he has value to patients and a potential to heal others for another 25-30 years. To block him from doing so, out of what appears to be spite, is incredibly shortsighted. No one can give him the time he spent in unwarranted confinement back, but the Army Values can be adhered to and amends can be made.