SIGforum.com Main Page The Lounge Court finds Navy's top lawyer influenced case against SEAL, waiting for other shoe to drop
Main Page The Lounge Court finds Navy's top lawyer influenced case against SEAL, waiting for other shoe to dropGo | New | Find | Notify | Tools | Reply | |
| Go ahead punk, make my day |
Yeah, that is going to bite. WAGing it from 2019 pay tables, it's a loss of $750/mo active pay, so that'll be $375/mo less retired pay; $4500/year less, figure he lives another 30-40 years and it's $135k-180k 'fine' for a photo with a dead guy. | |||
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| Member |
He needs to request a reinstatement and get it back | |||
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semi-reformed sailor |
^^ No, it won’t, the Chief is under the newest type of retirement system...either his pay is figured by the highest Three years of pay, or by something very similar. https://www.military.com/benef...ed-military-pay.html So his highest pay would have been his E7 pay, even though he was reduced to E6 "Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein “You may beat me, but you will never win.” sigmonkey-2020 “A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker | |||
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Member |
I'd think being busted back and kicked out of the goat locker would be worse. | |||
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| Go ahead punk, make my day |
Unfortunately for him, this is not the case. The law is written in such a way that if you fail to satisfactorily retire in your highest grade due to court martial, you revert to the pre 1980 retirement, which is your pay from the last paycheck. https://codes.findlaw.com/us/t...0-usc-sect-1407.html "(f) Exception for enlisted members reduced in grade and officers who do not serve satisfactorily in highest grade held. -- (1) Computation based on pre-high-three rules. --In the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under section 1406 of this title in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980. (2) Affected members. --A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after October 30, 2000-- (A) in the case of a member retired in an enlisted grade or transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed to a commissioned or warrant grade; and (B) in the case of an officer, is retired in a grade lower than the highest grade in which served by reason of denial of a determination or certification under section 1370 of this title that the officer served on active duty satisfactorily in that grade. (3) Special rule for enlisted members. --In the case of a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (1) but for a subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the rates of basic pay used in the computation of the member's high-36 average for the period of the member's service in a grade higher than the grade in which retired shall be the rates of pay that would apply if the member had been serving for that period in the grade in which retired." Section 1406 says "Basic pay of the pay grade in which the member was serving on the day before retirement." So yeah, he'll be losing a nice chuck of change unless he gets it set aside. | |||
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Res ipsa loquitur |
Interesting question. Tacfoley recently posted that that is what happens in the UK. __________________________ | |||
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Festina Lente |
Cleaning things up before he retires next month. Good. Navy’s top admiral steps in, assumes authority in Navy SEAL war crimes cases SAN DIEGO — Adm. John Richardson, the chief of naval operations, has dismissed all charges against Navy SEAL Lt. Jacob X. Portier, who was set to face trial in September on charges stemming from the high-profile murder case of Special Operator 1st Class Edward R. Gallagher. “Chief of Naval Operations Adm. John Richardson today dismissed all charges in the case of Lt. Jacob Portier,” a Navy statement said Thursday. “Richardson took this action in the best interest of justice and the Navy.” Cmdr. Jereal Dorsey, a Navy spokesman, said the decision came from Richardson, not from President Trump, who yesterday rescinded medals awarded to prosecutors in the Gallagher case. Richardson also ordered a full review of the Navy’s Judge Advocate General Corps. “Recent events indicate a need to review the leadership and performance of the (JAG) Corps,” Richardson said in a memo. Richardson said the review should address training and professional development, with an “evaluation of the JAG Corps officer career progression and community values for promotion selection and detailing,” according to the memo. Richardson has also stripped the authority to prosecute Petty Officer 1st Class Corey Scott away from Region Legal Service Office Southwest, which previously prosecuted Gallagher and was set to prosecute Portier. Navy authorities had floated the possibility of prosecuting Scott for perjury after he testified that he, not Gallagher, killed a wounded ISIS fighter in Iraq. Portier was charged with a number of offenses related to those Gallagher fought during his two-and-a-half-week trial. Portier was charged with conduct unbecoming an officer, for allegedly conducting Gallagher’s reenlistment ceremony near a dead enemy combatant — the same fighter Gallagher was found not guilty of murdering. Portier also was charged with dereliction of duty because, prosecutors say, he failed to supervise Gallagher that day. He also was charged with failure to report war crimes allegations against Gallagher and with obstruction of justice for allegedly destroying evidence. Portier denied all charges and pleaded not guilty. He was set to be in court Friday for a motions hearing. Navy Region Southwest s pokesman Brian O’Rourke said he could not comment on the case. “The news came as a surprise,” he said. Gallagher, 40, had been charged with premeditated murder in connection with the 2017 death of a captive teenage ISIS fighter he was treating for injuries. He also faced charges related to allegations that he shot at civilians and tried to intimidate witnesses. He was acquitted July 2 of all those charges but convicted of one, a charge for posing with the fighter’s corpse. He was reduced a rank to E-6. Portier’s attorney Jeremiah Sullivan did not immediately return a request for comment. https://www.latimes.com/califo...dropped-against-seal NRA Life Member - "Fear God and Dreadnaught" | |||
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| semi-reformed sailor |
Well, ain’t that a kick in the crotch. Yet nothing happens to the officers who prosecuted Chief Gallagher. "Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein “You may beat me, but you will never win.” sigmonkey-2020 “A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker | |||
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Political Cynic |
not yet, but it looks like the JAG Corps is going to be investigated... [B] Against ALL enemies, foreign and DOMESTIC | |||
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Member |
Harm, Mac and Bud ain't gonna like this....  _________________________________________________________________________ “A man’s treatment of a dog is no indication of the man’s nature, but his treatment of a cat is. It is the crucial test. None but the humane treat a cat well.” -- Mark Twain, 1902 | |||
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| Member |
I suspect this would never happen when Obama was in office. Thankfully we have a president who leads the way toward justice, allowing others to do the same. -c1steve | |||
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| Member |
..and, now the wheels are turning. The lights are on, I'm sure there's going to be some interesting findings, what happens afterwards remains to be seen. Anybody wanna see if CBS has any plans to reboot their show? There's a whole bunch of new source material they can use. Navy Moving Ahead With Unprecedented Review of JAG Corps
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Low Speed, High Drag |
Admiral Who Oversaw SEAL Prosecution Implicated in 'Fat Leonard' Probe, Documents Indicate SAN DIEGO -- Redacted Navy documents and the command history of Navy Region Southwest Commander Rear Adm. Bette Bolivar indicate she was investigated in connection with the so-called "Fat Leonard" scandal and had received gifts from the contractor in 1998. A female officer on-board the salvage ship Salvor accepted gifts in the form of a hotel room, dinner, drinks, entertainment and a golf outing in Kota Kinabalu, Malaysia, in August 1998, according to a memo signed by Adm. Philip S. Davidson in July 2017. Although her name was redacted from the documents, Bolivar, a Navy deep sea diver, was the commanding officer of the Salvor in 1998 when the offenses occurred. A lieutenant commander at the time, Bolivar was in charge of the ship from January 1998 through January 2000, Navy records show. Typically, this class of ship carried six officers. Few officers fit the description Davidson provides in his memo. "Blessed is he who when facing his own demise, thinks only of his front sight.” Malo periculosam, libertatem quam quietam servitutem Montani Semper Liberi | |||
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| Political Cynic |
well, isn't that special [B] Against ALL enemies, foreign and DOMESTIC | |||
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| Member |
From my experience, when you have a lesbian or lesbian looking woman in a leadership position, 90% of the time they go on the attack against heterosexuals. The lesbian leaders always give lip service to fairness, equality, etc. What they actually do is promote those like them, and then do everything they can to ruin the lives of regular persons. Usually they target those that are the polar opposite to the lesbians. The most attractive, healthy, and happiest heterosexual males or females are their primary targets. -c1steve | |||
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| Member |
While I understand there was a quite a few officers involved in the Fat Leonard scandal who did not receive punishment, she did curiously continue to get promotion & command post-scandal. Her involvement in the SEAL case as convening authority leads to many suspicions. At the very least, she's demonstrated poor judgement and questionable leadership. How much of her career did she have top-cover for and how many 'friends' in political positions does she have? Would also be curious to hear from those who served with her aboard Salvor; was she a petite version of Holly Graf? | |||
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| Festina Lente |
From all I know, Babette Bolivar has earned her stars, and is no Holly Graf. She (and I) were classmates of Holly Graf... I think there is a difference in being the convening authority (basically, the parent command where the charges are filed), and being the one that filed the charges. The JAG-offs that prosecuted the case are within the command, but I don’t think she would have contact or direction of them. Her command includes: Naval Station San Diego; Naval Base Point Loma (former SUBASE San Diego); Naval Air Station North Island; Naval Amphibious Base Coronado; Naval Air Facility El Centro, CA; Naval Air Station Lemoore, CA; Naval Base Ventura County (former Naval Construction Battalion Center Port Hueneme & Naval Air Station Point Mugu); Naval Weapons Station Seal Beach, CA; Naval Weapons Station, Fallbrook, CA; Naval Weapons Station, Concord, CA; and Naval Air Station, Fallon, NV. If the Navy fired every person that had one degree of separation from Fat Leonard, we’d have to beach all the ships. And if you go look, you’ll see that JAG provided legal opinions to lots of folks telling them it was OK to engage in certain actions with Fat Leonard - opinions that did not hold up under later scrutiny. Bolivar was the CO of someone that was investigated, not the actual investigee. I will be interested to hear more details regarding Bolivar’s involvement in the Gallagher case - if she was personally connected to the charging, then I’m disappointed and agree she needs to go. NRA Life Member - "Fear God and Dreadnaught" | |||
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| Low Speed, High Drag |
Just an update, Naval Air Station North Island and Naval Amphibious Base Coronado have been consolidated are now called Naval Base Coronado and Naval Weapons Station Fallbrook is now Naval Station Seal Beach Detachment Fallbrook. "Blessed is he who when facing his own demise, thinks only of his front sight.” Malo periculosam, libertatem quam quietam servitutem Montani Semper Liberi | |||
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Age Quod Agis |
I suspect the information in this article is why Richardson pulled Bolivar as convening authority. Navy Times Article
I am a former Army JAG, and the correct response to the defense counsel letter should have been something on the order of "thank you for your letter. I will take all relevant information into account, including mitigating circumstances, and make a decision with respect to Chief Petty Officer Gallagher that is consistent with the record, and the best interests of the Navy." Instead of being neutral, her letter seems to indicate, "I'm sorry he got off, and I'm going to screw him anyway." That doesn't sound good, and would likely figure in the Chief's appeal, and would more of a problem for the Navy, in what appears to be a significant unlawful command influence issue across the service. "I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation." Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II. | |||
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| Leave the gun. Take the cannoli. |
Holly Graf? What a twisted head case. She deserves neither her pension nor the honorable discharge that went with it. Imagine how bitter she must be over her sister making flag. | |||
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SIGforum.com Main Page The Lounge Court finds Navy's top lawyer influenced case against SEAL, waiting for other shoe to drop
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