A little over 20 years ago, I was tried by general court-martial, found guilty of three offenses: indecent language, dereliction of duty, and failure to follow a written regulation, and I was reduced four grades (from E-7 to E - 3) and fined $45,000. I was however given an honorable discharge at the time of my retirement.
As a result of the reduction, my family and I will continue to lose $1119.85 per month (which will only increase over time as pay raises occur), each and every month of the year for the rest of my life. All of this happened to prevent me from blowing the whistle about the operation of the drug and alcohol
prevention program at the Fitzsimmons Army Medical Center.
The Whistleblower Protection Act was signed into law on April 10,1989, and my attorneys were unaware of the protections that could have been afforded me. So, the machine began to run me down
After calling the Fitzsimmons jag office and being told I could not have an attorney unless I had been charged, I was then denied access to a defense attorney during over 10 hours of interrogation by the military police with no food breaks and received no reading of my Miranda rights. The Judge Advocate at Fitzsimmons advised the commander who preferred the charges against me that there was, no case, and was promptly transferred elsewhere, as was the Inspector General who was attempting to mount an investigation into my allegations of impropriety on the government's part.
My civilian lawyers were frightened away and quit my case after charging me $15,000. The presiding official of my Article 32 hearing (a military grand jury) and the plaintiff were friends. My military lawyer was permanently transferred from her assignment as an appeals lawyer in Kansas to Fort Carson in Colorado to be under the supervision of the presiding judge in the case and promised a civilian liaison position in preparation for her upcoming transition to civilian life.
My military lawyer was more than egregiously incompetent. I was not allowed by her to call numerous witnesses to refute the case mounted against me, the commander of the hospital who charged me with a crime was allowed to refuse to be called and questioned and one of the members of the jury slept during much of the trial.
During the trial, it was revealed that the judge and the prosecutor had had at least two ex-parte communications with one another discussing my case to which my attorney was not allowed to attend. Although this was grounds for a mistrial, the judge refused to recuse himself from presiding nor would he allow a change of venue.
On the third day of a four-day trial, the judge and the president of the panel (the foreman of the jury) were overheard, by one of the witnesses who later testified to this fact, discussing the exact punishment I received the following day after the jury deliberated for an hour and 10 minutes. Just after I was pronounced guilty by the president of the panel the Article 32 officer and the plaintiff could be heard cheering wildly.
My sixth amendment right to a speedy and public trial was violated (as I was extended on active duty for more than seven months awaiting trial), was denied an impartial jury of my peers as all members of the panel were officers and no enlisted members were allowed to sit on the jury, and my eighth amendment rights were violated in that an excessive fine was imposed and the resulting loss of pay over these years is certainly an unusual punishments inflicted for the crimes I was found guilty of committing.
I was denied appeal after the trial and continue to be denied representation as no civilian attorney is interested in my case and thus far I have not been able to afford an attorney anyway. I believe that the statute of limitations has probably run out for me to seek an appeal and I don't know what to do next.
I am a two tour Vietnam vet who was awarded two Purple Heart Medals, was exposed to Agent Orange, and still suffer from PTSD (both from my service in Vietnam and as a result of this trial). Can someone please help?
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