USCG — UCMJ Proceedings

[Salba]

Shipmates:

I ain't saying the blanket party was all bad...  and maybe it works on occassion... but as you all KNOW... I'm a "the end" doesn't justify the the "means" guy... 

I did serve with the Chief described...  he did take his crew down to drystores... as a counseling tool of "first" versus "last" resort.  He got away with it in the old guard.  He got away with it until he took the "wrong" seaman down to drystores and had to back down when the kid pulled a knife on him.   For him - it wasn't leadership it was bully behavior - I'm better than you crock stuff.  He knew his job as a technician...was great at it in fact... but not his job as a leader.  His position power was all in his fists.

And Ex... and Buoy... in you're descriptions... if caught... all would have been taken to mast... the punishment might have been wink wink... because of the circumstances... but it was still a NJP offense... and the higher the rank the more the consequences...

I'm not being a holier than thee either... there were times in my career (rank unspecified...) where I did some "forceful" stuff that I felt I had to do (such as counseling a wayward Ens pointedly from a junior role)... but I knew full well when I did it... that if I was caught doing it... regardless of intent or result... I would be wrong and I would deserve the consquences that would have followed.

In this case... it sounds like the CO just lost it... did something wrong in a very public way... regardless of intent... and he too suffered the consequences.  Didn't whine about it.... just took his punishment and went away.  Got to respect him for that at least.

Best Wishes and have good weekend.

Salba

[BuoyJumper]

Commander of Coast Guard cutter
'temporarily relieved'

FRIDAY, April 4, 2008, 5:46 p.m.
By John Diedrich




STURGEON BAY: The commanding officer of the U.S. Coast Guard's 140-foot ice-breaking tug based in Sturgeon Bay has been temporarily relieved of command after he was found to lack leadership, a spokesman said.

Rear Adm. John E. Crowley, Jr., commander of the Ninth Coast Guard District, relieved Lt. Cmdr. Matthew J. Smith of command of the Coast Guard Cutter Mobile Bay on Thursday. The cutter, one of nine Coast Guard vessels that are 65 feet or longer on the Great Lakes, is in the midst of an ice breaking mission, said Chief Robert Lanier, Coast Guard spokesman in Cleveland.

Lanier said such moves are rare and are typically made because of alleged misconduct or a specific incident. He said that is not the case here.

"He is not being investigated," Lanier said, who declined to be more specific. "The admiral felt there needed to be change in leadership. He did not think Lt. Cmdr. Smith was providing that for his crew and did not think he would effectively be able to meet future missions."

Beside ice-breaking, the Mobile Bay maintains navigation aides like buoys, enforces maritime laws, does search and rescue missions and conducts other homeland security duty. It carries a crew of 30.

Lanier said Crowley decided to temporarily relieve Smith but that decision later may become permanent. As of now, Smith, a 1993 graduate of the Coast Guard academy, is still in the service.

"It is not a foregone conclusion he will be removed from the Coast Guard," said Lanier, who did not know how long Smith commanded the Mobile Bay.

Lt. Cmdr. Kevin Wirth, commander of a cutter in Duluth, Minn., has assumed command of the Mobile Bay, Lanier said.

The Coast Guard was disclosing the change to be transparent, Lanier said.

"It may say 'Coast Guard' on it, but this is the people's boat," he said. "They have a right to know when something of this magnitude occurs."

[EX-CG-GM]

The Coast Guard was disclosing the change to be transparent, Lanier said.

"It may say 'Coast Guard' on it, but this is the people's boat," he said. "They have a right to know when something of this magnitude occurs."

Personally I don't necessarily agree with that statement.  Why does the public need to be actively informed when something like this happens?  We're talking about a relatively low ranking officer and apparently he has done nothing warranting an investigation.  So why drag him through the mud of the media?  It could be something as simple as a basic personality clash between the C.O. and his boss.

[BuoyJumper]

The Coast Guard was disclosing the change to be transparent, Lanier said.

"It may say 'Coast Guard' on it, but this is the people's boat," he said. "They have a right to know when something of this magnitude occurs."

Personally I don't necessarily agree with that statement.  Why does the public need to be actively informed when something like this happens?  We're talking about a relatively low ranking officer and apparently he has done nothing warranting an investigation.  So why drag him through the mud of the media?  It could be something as simple as a basic personality clash between the C.O. and his boss.

I was wondering if someone was going to pick up on that EX.  Why in the hell does the public have a right to know the CG's business if the incident does not pertain to civilians?  As far as I'm concerned they don't need to know unless it has an impact on John Q Public.  All this will do is cast further concerns on the abilities of Coast Guard leadership in light of DEEPWATER.

[TimHecht]

Stan - what a terrible course change; oversteered in the wake of Tailhook of years ago to tempered by all the scandals of today and the military:(Blackwater, DeepWater, uncontrolled and unaccounted for vast millions in Iraq and Afghanastan, etc.

Calling it "the people's boat" reeks of what many of us older guys helped to fight; duck and cover, the red menace; wasn't everything referred to as the "People's"?  

Does the public have a right to know?  I suspect they know already; in Michigan those Bay Class Cutters have been part of the communities they are homeported for almost 30 years now (I remember being part of a "security detail" onboard I think Biscayne Bay in Detroit during it's Commissioning Ceremony, so the entire crew could be pierside...  I remember that D9 considered (and went to task with a Michigan City over an incident) the CO's as valuable leaders of the Communities where they were homeported.  In the late 70s early 80s one Northern Michigan town, homeport to a 140' gave the then newly assigned CO, a rough way to go in the town.  It seems he was Afro-American and they didn't care for that.  The District Commander supposedly visited the Mayor of the Town, wrote a number on a piece of paper, showed it to the Mayor, and there was never any problems again.  The Admiral had told the Mayor he expected his CO to be treated as an equal and recognized as a community leader as well...the number the Admiral showed the Mayor?  The annual Coast Guard Payroll for the town and county...almost twice as much as the next largest employer in the area...

So does the public have a right or need to know?  Details?  NO.  Informed?  YES.  I bet they already know anyway...

[EX-CG-GM]

So does the public have a right or need to know?  Details?  NO.  Informed?  YES.

Tim,

I agree.

[ronone]

The public has a right to know not only the general circumstances but the details.  Knowing the details prevents rumors.  The Coast Guard is a servant of the people of this country and the country should know the good and the bad.  It is openness or the transparency the commandant has spoken so much about.

The Coast Guard keeps far too much from the public.  Don't believe me, send a FOIA request for 40 year-old information and see the run around you get.


The Congress decided long ago when it passed the Freedom of Information Act that the public has a right to know government business. It is, after all, we the public who pays for it all.

There has been far too much classification of material.  The Nixon Administration classified even the most arcane material of Vietnam.  Clinton opened it to the public and GWB closed it down again.   

The public has a right to know.

[BuoyJumper]

This post on Milcom Sunday morning from the former C.O. of CGC Mobile Bay (See Reply #46 above)

"Good morning, Gentlemen;

I am the former CO of MOBILE BAY discussed in that press release.

The "series of discussions" part might sound as though there were some heated arguments or personality conflicts between the Admiral and me, but nothing could be farther from the truth.

What it means is that MOBILE BAY faced a lot of challenges during my almost 2 years onboard, and the Admiral personally helped me work through them. In the end he decided that the ship needed a change. I believe the wording of the press release was chosen to reflect the fact that it was a performance issue on my part and not a Core Values/misconduct deal.

MOBILE BAY is a great ship with a great crew, and personally it kills me to leave them, you have no idea. But in the end I am sure they will do well with a new CO...like changing coaches sometimes that's what the team needs. I'm taking a much needed vacation with the family and then we'll see what's next!

v/r LCDR Matt Smith"

[BuoyJumper]

This is a follow up to a story I posted on   9 Aug 2007 on the Sometimes you really have to wonder ... WHAT WERE THEY THINKING?    thread.



U.S. Coast Guard Officer Pleads Guilty
for Lying About Vessel Pollution

WASHINGTON, May. 01 /PRNewswire/ --

WASHINGTON, May 1 /PRNewswire-USNewswire/ -- David G. Williams, a Chief Warrant Officer in the U.S. Coast Guard and the Main Propulsion Assistant for the Coast Guard Cutter RUSH, pleaded guilty today in U.S. District Court in Hawaii to one count of making a false statement, announced Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment & Natural Resources Division and U.S. Attorney for the District of Hawaii Edward H. Kubo Jr.

Williams was indicted by a federal grand jury on Aug. 8, 2007, for lying to investigators about his knowledge of the direct overboard discharge of bilge wastes through the ship's deep sink into the Honolulu Harbor. As the Main Propulsion Assistant, he oversaw the maintenance of the main diesel engines and other machinery in the engine room for the Coast Guard Cutter RUSH, a 378 ft. high endurance cutter stationed in Honolulu.

"Today's guilty plea stands as notice that the Department of Justice will enforce the nation's environmental laws in an even-handed and thorough manner," said Assistant Attorney General Tenpas.

According to the plea agreement, on or about March 8, 2006, Williams had knowledge of the direct discharge of bilge wastes into Honolulu Harbor. The Engineering Department personnel engaged in an unusual and abnormal operation and configuration of engine room equipment to pump bilge wastes from the aft bilge to the deep sink and overboard into Honolulu Harbor, thereby bypassing the "oily water separator" (OWS) system. The OWS system is a pollution prevention control device used by high endurance Coast Guard cutters like the RUSH to manage accumulations of bilge wastes while underway at sea. The OWS system collects, stores and processes wastes to separate the water from the oil and other wastes.

On or about March 13, 2006, the State of Hawaii Department of Health received an anonymous complaint stating that U.S. Coast Guard Cutter RUSH crew members were ordered to pump approximately 2,000 gallons of bilge waste into Honolulu Harbor. On May 1, 2006, investigators from the U.S. Coast Guard Investigative Service (CGIS) received confirmation from Main Propulsion Division personnel who personally participated that bilge wastes had indeed been discharged through the deep sink and into Honolulu Harbor. CGIS investigators obtained various documents from the RUSH, including engineering and ship's logs, tank level sounding sheets, and a pneumatic pump.

When interviewed by investigators from the CGIS, Williams denied knowledge of personnel discharging bilge waste to the deep sink and stated that he was not aware of the pumping of bilge wastes to bypass the ship's OWS system.

Sentencing has been set for Aug. 19, 2008. Williams faces a statutory maximum of 5 years in prison and a fine of up to $250,000, plus a term of supervised release of up to 3 years.

The government's investigation was initiated by the CGIS. The case is being prosecuted by Trial Attorney Joseph A. Poux of the Justice Department's Environmental Crimes Section; Ronald G. Johnson, chief of the Major Crimes Section and Assistant U.S. Attorney William L. Shipley, both of the District of Hawaii; and Commander Timothy P. Connors of the Coast Guard.

U.S. Department of Justice

Original Article

[JerryM]

OUCH!

Would this possibly come under the heading of a "Career - ending OOPS"?

 

[BuoyJumper]

Coast Guard Lieutenant
Commander Shoots Stepson
JENNIFER BRACKEN, Morning Journal Writer
07/30/2008

LORAIN, OH. - The man accused of shooting his stepson Monday afternoon is a high ranking official with the U.S. Coast Guard, according to Coast Guard and police officials.

Donald Lajavic, 50, of Mallard Creek Run, walked to his neighbor's house -- that of Lorain police officer Mark Tomlin -- claiming he was attacked by his stepson and shot him, according to a Lorain police report. His stepson, Patrick Delisle, 35, was seen lying in the front yard with a gunshot wound to his right leg, the report said.

Lajavic pleaded not guilty to a felonious assault charge during his arraignment in Lorain Municipal Court yesterday. He will have a preliminary hearing before Judge Thomas Elwell on Aug. 27.

Lajavic, a lieutenant commander with District 9 of the U.S. Coast Guard, is the assistant chief of the Inspections and Investigations Branch in the Prevention Department of the U.S. Coast Guard, according to a U.S. Coast Guard spokesman. He has been with District 9 for three years, but has a lifelong career in the Coast Guard.

According to the report, Lajavic stood on the front porch as Tomlin tended to Delisle and called for help. In the meantime, Lajavic led Tomlin to the unloaded gun in a front hall closet, the report said.

Police officers took Lajavic into custody and later removed five live rounds and casings from his pants pocket, the report said. Susan Lajavic, Delisle's mother, gave a witness statement.

Police said Delisle was in the process of moving out of the Lajavics' home, when an argument erupted about some ''family issue.'' Lajavic was arrested on a felonious assault charge and taken to Lorain City Jail. Yesterday, he posted a $10,000 bond and was released.

Petty Officer William Mitchell, a spokesman for the U.S. Coast Guard District 9, said the organization is cooperating with the local law enforcement, but would not comment on Lajavic's fate with the Coast Guard. Mitchell did say, however, that Lajavic was not issued a gun by the Coast Guard.

Lorain investigators confirmed that saying the 38-caliber Rossi was Lajavic's personal gun.

Original Article

[LTGunner]

  WOW 

I know Don, he's a former FT & CWO Weaps (M).   That's really unfortunate and disturbing news, I'm just stunned.  -Tim-

[BuoyJumper]

Press Release
Date: August 20, 2008
Contact: D11 Public Affairs

Senior Coast Guard officer charged
with wrongful use of cocaine

ALAMEDA, Calif. -  A senior officer on the Coast Guard's Pacific Area staff has been charged with wrongfully using cocaine and has been temporarily reassigned to a non-supervisory position.



Capt. Michael Sullivan, (shown above in 2005 when he was the C.O. of the cutter MORGENTHAU) who had been serving as Pacific Area's chief of response, was charged Tuesday with one specification of wrongful use of cocaine under Article 112(a) of the Uniform Code of Military Justice and one charge of obstruction of justice under Article 133 of the UCMJ.

The charges against Sullivan are merely accusations. He is presumed innocent until proven guilty under proceedings conducted in accordance with the UCMJ.

Vice Adm. David Pekoske, the Coast Guard Pacific Area Commander, has directed that the charges against Sullivan be investigated in accordance with Article 32 of the UCMJ. Such an investigation is required before charges could be referred for trial to a general court-martial.

An Article 32 hearing is a preliminary hearing in which an investigating officer inquires into the truth of the matters set forth in the charges and recommends disposition of the charges. The accused member and his counsel are present and have the right to question witnesses at such a proceeding. A date has not yet been set for the Article 32 hearing.

If found guilty of both charges, Sullivan faces a potential maximum sentence of a dismissal from the Coast Guard, 10 years confinement and forfeiture of all pay and allowances.

Press Release

[BuoyJumper]

First before anything else let's not forget that Captain Sullivan has only been charged and is being investigated.

I am chuckling a bit a the title the PA officer used .. "Senior Coast Guard officer charged with wrongful use of cocaine".   

I wasn't aware of there being a rightful use of cocaine in the CG???     

[BuoyJumper]

Follow up to Reply #53 above.

Former U.S. Coast Guard Officer Sentenced
for Lying About Vessel Pollution

August 21, 2008

WASHINGTON — David G. Williams, a former Chief Warrant Officer in the U.S. Coast Guard and main propulsion assistant for the Coast Guard Cutter Rush, was sentenced in U.S. District Court in Hawaii for making a false statement to federal criminal agents investigating allegations of potential discharges of oil-contaminated waste from the cutter into the Honolulu Harbor, announced Ronald J. Tenpas, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. Williams was sentenced to pay a $5,000 fine, serve 200 hours of community service and serve two years of probation.

Williams was indicted by a federal grand jury on Aug. 8, 2007, for lying to federal criminal investigators about his knowledge of the direct overboard discharge of bilge wastes through the ship’s deep sink into the Honolulu Harbor. As the main propulsion assistant, he oversaw the maintenance of the main diesel engines and other machinery in the engine room for the Rush, a 378 ft. high-endurance cutter stationed in Honolulu. On May 1, 2008, Williams pleaded guilty to making a false statement to federal law enforcement agents.

According to the plea agreement, on or about March 8, 2006, Williams had knowledge of the direct discharge of bilge wastes into Honolulu Harbor. The Engineering Department personnel aboard the Rush engaged in an unusual and abnormal operation and configuration of engine room equipment to pump bilge wastes from the aft bilge to the deep sink and overboard into Honolulu Harbor, thereby bypassing the “oily water separator” (OWS) system. The OWS system is a pollution prevention control device used by high endurance Coast Guard cutters like the Rush to manage accumulations of bilge wastes while underway at sea. The OWS system collects, stores and processes wastes to separate the water from the oil and other wastes.

On or about March 13, 2006, the State of Hawaii Department of Health received an anonymous complaint stating that Rush crew members were ordered to pump approximately 2,000 gallons of bilge waste into Honolulu Harbor. On May 1, 2006, investigators from the U.S. Coast Guard Investigative Service (CGIS) received confirmation from Main Propulsion Division personnel who personally participated that bilge wastes had indeed been discharged through the deep sink and into Honolulu Harbor. CGIS investigators obtained various corroborative documents from the Rush, including engineering and ship’s logs, tank level sounding sheets, as well as the pneumatic pump used to facilitate the discharges.

When interviewed by investigators from the CGIS, Williams denied knowledge of personnel discharging bilge waste to the deep sink and stated that he was not aware of the pumping of bilge wastes to bypass the ship’s OWS system.

The government’s investigation was initiated by the CGIS. The case is being prosecuted by Assistant Section Chief Joseph A. Poux of the Justice Department’s Environmental Crimes Section; Ronald G. Johnson, chief of the Major Crimes Section and Assistant U.S. Attorney William L. Shipley, both of the District of Hawaii; and Commander Timothy P. Connors of the Coast Guard.

Original Article