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Gunny: The one piece of information
that I find interesting here is the involvement of the IG in the decision
making process. May I share this letter with the judge? From: Montes GySgt Jesus
T [mailto:montesjt@usmc-mccs.org] Gentlemen, I apologize for the delay. As you might expect, this
is probably the most important e-mail of my career or lack thereof: In December 2009, I was relieved from the Provost
Marshal’s Office after I was interrogated by CID for having allegedly
obstructed justice during an investigation by CID into a case that I
initiated. (As background, a Marine under my charge was accused of
committing adultery with a dispatcher at PMO. My Patrol Supervisor told
me he had information that suggested it was another Marine. I took that
information to the Operations Chief, MSgt Scammon. At the time I was
assigned as a Watch Commander at PMO. MSgt Scammon asked that I
interview/interrogate the members of that Marine’s section, K-9, and
gather some information. He instructed me not to question the dispatcher
regarding the allegation. I provided the results of my interviews to MSgt
Scammon. He and CID subsequently initiated an investigation.
Approximately one month later, I was interrogated by CID and told the
dispatcher accused me of assisting her in attempting to lie about her affair
with the Marine after I spoke with her in regards to her interaction with my
Patrol Supervisor.) I was assigned to work in the Security Department at
the Exchange aboard MCAGCC Twentynine Palms, CA. In March 2010, I was informed that CID was investigating an
allegation of Adultery that stemmed from a woman who worked in the Exchange
whom I had interrogated for theft three days prior to the day she made her
allegation. On 14May10, I was informed by 1stSgt Nelson Hidalgo, B Co,
HQBN, MCAGCC Twentynine Palms, CA, that CID had presented their case and
neither the Company nor the Battalion would pursue any punitive action.
However, 1stSgt Hidalgo stated “the ball was in the Provost
Marshal’s court.” According to the 1stSgt, if the Provost
Marshal wanted to pursue “anything further” it would be his
prerogative. I asked the 1stSgt for his permission to contact the Provost
Sergeant and inquire as to my status and if I would be receiving orders soon as
I have been stationed at MCAGCC Twentynine Palms for approximately five
years. I also informed 1stSgt Hidalgo that I would be contacting my MOS
Monitor, MSgt Benke. On 17May10, I testified in Major Scarselli’s
hearing. (Parts of my testimony was reported in the Marine Corps Times
07Jun10 issue.) On 18May10, I contacted MSgt Benke who stated that
approximately three weeks prior, he had a conversation with the CID MOS Sponsor,
MGySgt Smith, who asked him not to issue me orders because the Twentynine Palms
CID Chief, MSgt Brown, would be submitting paperwork to have my MOS revoked
after the conclusion of an on-going investigation. Subsequent to that
conversation, I contacted MGySgt Reginald Jones, Provost Sergeant, PMO, MCAGCC
Twentynine Palms, CA. MGySgt Jones stated he knew nothing of an on-going
investigation and he confirmed that MSgt Brown had or was in the process of
submitting a package to have my MOS revoked. He directed me to contact
MSgt Brown. I called MSgt Brown’s office that day numerous times
that day and for the next week. On 19May10, I GySgt Brian Sutton, CID Operations Chief,
MCAGCC Twentynine Palms, CA answered MSgt Brown’s telephone and stated he
had just returned from leave the day prior and he would leave a message for
MSgt Brown to return my call. (As background, GySgt Sutton is a Military
Policeman serving in a CID billet. Prior to his promotion to GySgt, he
was a senior SSgt who was working in an “on the job trainee”
status. CID does not customarily accept senior SSgt’s because
Gunnery Sergeants cannot lateral move into the CID MOS. When he was
selected for promotion, GySgt Sutton accepted the promotion, knowing that he
may not be granted the CID MOS. I was arrested for DUI approximately two
years ago. Subsequent to that arrest, I was selected for promotion.
My promotion was withheld for one year’s time after what would have been
my original promotion date. After I was promoted to the rank of GySgt,
MSgt Brown submitted paperwork to HQ Marine Corps to have my MOS revoked.
HQ denied the package saying that since I was allowed to be promoted to GySgt
after my DUI, I would remain in the MOS . After that attempt, MSgt Brown
submitted a package in an attempt to swap my billet with that of GySgt Suttons
so that neither the Military Police nor the CID MOS would be down a
GySgt. GySgt Sutton told me that package was also denied. GySgt
Sutton would not answer if another investigation had been initiated and
directed me to talk with MSgt Brown.) On 20May10 three CID Agents reported to the Security Office
in the Main Exchange and asked the two females present at the time if I had
ever sexually harassed them. Within the ensuing week, five CID Agents questioned
approximately 20 more females who worked at the Exchange and asked if they had
knowledge of any sexual misconduct on my part. ( I have knowledge of the number
of CID Agents and the amount of females questioned because 1stSgt Hidalgo later
allowed me to read a portion of the investigation that lead to my eventual
NJP. According to the report, none of the females provided any pertinent
information.) On 17Jun10, 1stSgt Hidalgo informed me that after consulting
with SgtMaj Tanksly, Base SgtMaj, MCAGCC Twentynine Palms, CA, the Chief of
Staff, the Inspector General, and the Battalion Commander, it was agreed that I
would be charged with three counts of Article 134 for allegedly having provided
alcohol to two under age Marines and soliciting a third to consume alcohol
during a going away party for a Sergeant who was leaving the Marine Corps
approximately one year ago-when I was a Staff Sergeant. (This NJP will provide
MSgt Brown with the necessary ammunition to again attempt to revoke my MOS.) Also, on 17Jun10, I was contacted by my former Patrol
Supervisor who informed me MSgt Scammon had been relieved of duty at PMO.
According to the Patrol Supervisor, he was instructed by the Operations Officer
to make all further operational notifications to him because “MSgt
Scammon no longer works [at PMO]”. The Patrol Supervisor did not
know why MSgt Scammon was relieved but thought it was due to his and MSgt
Brown’s conduct of an ongoing investigation into the alleged mistreatment
of a detainee while in the PMO detention cell. Today, 21Jun10, at approximately 1030, I was NJP’d for
the above described violations of Article 134. Midway through the
proceedings, LtCol McGowan asked if I had spoken to counsel regarding the
NJP. I informed him I had spoken with Capt Hur but that he hadn’t
advised me to accept or deny NJP. LtCol McGowan immediately asked me to
step out of the room. When I was instructed to step back in, LtCol
McGowan asked if I had committed the offenses I was accused of; to which I
responded in the affirmative. LtCol McGowan adjudged me guilty and
instructed the Company Commander to prepare a Punitive Letter of Reprimand.
LtCol McGowan then informed me that he would advise his replacement not
to recommend me for re-enlistment based on the DUI I received two years
ago, this NJP, and because my name “has come up in a bunch of
investigations”. LtCol McGowan informed me that after having
reviewed the CID investigation into the allegations regarding my obstruction and
adultery charges, he couldn’t find enough to hold me accountable and
proceed punitively. After passing sentence, LtCol McGowan referred to Maj
Scarselli’s case and said, “In the case of US vs. Scarselli; I want
to say this in front of witnesses; I want anyone and everyone to testify who
needs to present matters before the court. If you feel threatened or
coerced to testify, to not testify, or to testify in a way you are not
comfortable with, I want you to let me know or your chain of command, and we will
have it stopped.” I replied in the affirmative and was
dismissed. Respectfully, GySgt Jesus T. Montes USMC |