NCSI investigates an unexplained death at Gitmo. The naval commander at Gitmo has been exposed for an affair with the dead man’s wife and has been reassigned to a base in Florida. Commander Nettleton has not been charged with anything specific but adultery is a crime under the Uniform Code of Military Justice. Does Gitmo need any more negative attention than it has already received?
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The officer in charge of the U.S. Naval base at Guantanamo Bay, Cuba, has been fired for a “loss of confidence” after he allegedly had an affair with a woman whose husband was recently found dead in the waters off the base.
Captain John Nettleton was relieved of command on Wednesday by Rear Adm. Mary M. Jackson, commander of Navy Region Southeast, “due to loss of confidence in Nettleton’s ability to command,” according to a statement from the Navy.
The statement declined to give additional details because of an ongoing investigation by the Naval Criminal Investigative Service (NCIS), which is focused on the death of Christopher Tur, a civilian employee at the Navy Exchange on the base who had moved to Guantanamo with his family in June 2011.
Tur, 42, was found dead in the waters off the base on the morning of January 10, a day after he had been reported missing, said Navy Region Southeast spokesman Mike Andrews. A U.S. official said there was no obvious cause of death.
The official said that information came to light during the investigation into Tur’s death that led the Navy to relieve Nettleton of command. Officials said the investigation found that Nettleton had allegedly been having an affair with Tur’s wife Lara, the director of the Fleet and Family Services Center at the base.
Repeat: Adultery is a crime under the Uniform Code of Military Justice.
Is it asking too much for some of these high-ranking military guys to keep it in their pants? The higher the rank, the greater exposure and the more one is watched. Do men just not get it? David Petraeus, military hero, chief of the CIA was brought down and fired in shame for an affair. He now possibly faces criminal charges for leaking top security documents to his paramour. This situation should have sent a strong message that this type of behavior is not going to be tolerated.
I am trying to understand the behavior. Surely it isn’t just horn dog behavior. It has to be something more. Why do these dudes think they won’t get caught? They have so much to lose. Do they not care or do they think they won’t get caught? Do they think they are too powerful?
Eisenhower apparently didn’t think he would get caught. He went on to become President of the United States. I find it difficult to believe that in those days, no one cared. How many top ranking generals or commanders have been caught in sexual peccadilloes in recent history?
What message does this send to the troops? The military is rife with scandals from like Tailhook to the outrageous number of rapes taking place in the military each year. It’s really time to clean things up. The best fighting force in the world needs to acquire some common decency, especially at the top ranking level. The eyes of the world are watching. Things don’t look so good.
The One Eyed Trouser Worm strikes again! Why and how these things happen is beyond belief. People in powerful positions do think they are Teflon coated- we’ve seen it many times and not just in the military. Not to make an excuse for Captain Nettleton but I have heard of cases where, in death cases, affairs do happen for whatever reason. The owner of the OETW is still at gault. It’s dumb, just plain dumb. I won’t contribute to the diatribe about the, “outrageous number of rapes” without more ats. Yes, there are a lot but I don’t know if it is worse than the general public.
http://foreignpolicy.com/2013/07/10/is-sexual-assault-really-an-epidemic/
You might want to take a look at this article regarding the “outrageous number of rapes” in the U.S. military. Seems it might be about the same as in the “real world” but lower than that on college campuses. It is hard to make a true comparison since the military population is younger than the general population but comes pretty close to matching that of colleges and universities; i.e., 17-24 years old.
I’m sure someone will find other evidence but in the two or three article I just read, this one seems about right from my experience. In my 39 years in the Navy, I never had one rape case reported to me; however, I did have some reports of consensual sex, unfortunately they were one guy screwing another guy’s wife. In those instances, those guys in my command were punished as best I could without catching them in the act.
15,000 rapes last year in the military seems outrageous. Is it just me? That number is unacceptable.
I set a higher standard for the military than I do for colleges and universities. We entrust our very lives to the military. We don’t put that much trust in university students. Furthermore, university rape is unusually an extention, albeit unacceptable, of social life.
What bothers me with the military is the way it has been handled in the past. Most victims feel that it should be prosecuted outside the chain of command.
I am not so sure that adultery should be listed as a crime. I do think that fraternizing within one’s own ranks should be at least forbidden. Perhaps making it a crime is a little much. I might be saying it wrong. When a colonel has a relationship with a major who is directly under her.
It is obvious you know nothing about the chain of command or how it works. You have never been there, done that. Please provide data to support your claim that, “Most victims feel that it should be prosecuted outside the chain of command.”
Why would you hold university to a lower standard? Aren’t they supposed to be shaping our future leaders?
Not all attacks are against women.
In September 2013, Congress received the U.S. Commission on Civil Rights, 2013 Statutory Enforcement Report. The report found that during the 2012 fiscal year, there were 3,374 reports of sexual assault on military service members.
The Pentagon estimated that 26,000 male and female service members experienced unwanted sexual contact in 2012, up from 19,000 in 2010. Of those cases, the Pentagon says, most involved attacks on men, mostly by other men. Out of 1,197,000 total enlisted men, approximately 1 to 2 percent are said to have experienced a sexual assault. Of those, only 3,374 cases were reported.
In 2013, a new pentagon report found that 5,061 troops reported cases of assault. Many people are optimistic that this 50% increase in reports is indicative of victims “growing more comfortable in the system.”
NOTE: “…MOST INVOLVED ATTACKS ON MEN, MOSTLY BY OTHER MEN.”
“I do think that fraternizing within one’s own ranks should be at least forbidden.”
What does this mean? If something is “forbidden” and someone breaks that rule, are you supposed to just shrug your shoulders and say, “Oh well”? None of the cases I mentioned, the adultery was between the Command Master Chief (the senior chief petty officer of the command) and the wife of another chief petty officer. You cannot imagine the effect it had on the morale of the command. The day I found out, I called the Command Master Chief into my office and asked him if he was true. He told me it was, I fired him immediately and by the end of the day he was gone and his career was over-he retired almost immediately. I couldn’t court-martial him because he was not caught “in flagrante delicto” (an essential element to prosecute) but his career was finished. Believe it or not, after he was out of the Navy, he wrote to me and thanked me for my action-it helped save him and his marriage.
BTW, I’m not condoning sexual assault at all–it is a terrible tragedy for both sexes and the effect on troop morale and be disastrous. I believe attackers should be punished to the full extent of the Uniform Code of Military Justice and commanders who flagrantly hide cases should be likewise punished.
Until you have been a part of the military chain of command, you cannot begin to appreciate the devastating effect removing authority from a commander would have. The problem is the commander, not the law. In this case, it might be-throw out the baby, keep the bath water.
Reprisals against survivors seems to be the biggest complaint.
http://en.wikipedia.org/wiki/The_Invisible_War.
Battle strategy I would agree, I am not in the military and therefore should shut my mouth.
Sexual assault? Not so much. If things are that non-transparent that I can’t have an opinion, then that might be part of the problem right there.
Nothing wrong with an opinion but an informed opinion. I know you have written a lot about sexual assault on this blog and, as you noted, UVA is only the tip of a very huge iceberg. I wonder what people would do or how they would feel if a movie similar to, “The Invisible War”, was made about sexual assault on university and college campuses across this country. How much of that goes unreported and, even when reported, is swept under the rug? How much is never reported to police even after it has been reported to university/college authorities? That story is probably far larger than the military story, so big that it is untouchable.
And please don’t give me the old, “Well after all, they’re just college students trying to find their way” or “… university rape is unusually (?) an extention [sic], albeit unacceptable, of social life.” I don’t even know what this means-an extension of social life? Do military people not or are they not supposed to have a “social life”? I know that in both the military and university/college sexual assaults there have been perhaps far too many instances of forceable assaults but I wonder how many were due to drugs or alcohol or people putting themselves in an inappropriate situation-what I think you mean by an extension of social life.
As you can appreciate, my dander is up about this. Everytime this happens it besmirches the whole officer corps and the, “true faith and confidence”, bestowed upon each officer by the president and the U.S. Senate. It is no small matter for either the military or the universities and colleges across our nation. In both cases there are senior people who should have been punished for cover ups.
I plan to watch to watch, “The Invisible War”, because I want to see and hear these folks. I hope you have watched it.
1. I haven’t said any of those things about excusing college students.
2. I have seen “The Invisible War.” It covers some serious issues. A common thread was that sexual assault was handled within the unit. The unit was often the root of the problem.
3. I have personally had an attempted date rape by a US Marine who was stationed at Quantico. I think that qualifies me to have an opinion.
Why does a dead man and a philandering commander have to be personal? Its a freaking thread with comment.
4. The military situation has been in the headlines lately–David Petraeus being the chief offender but I am sure I could dredge up more if I was thinking about it. The higher the rank, the more attention is paid to violations. I could also jump on sports figures.
5. Colleges and universities don’t belong in this conversation. They have a different function than the military as well as different rules. I will post the new UVA frat rules under a separate thread.
“1. I haven’t said any of those things about excusing college students.” Please re-read your post #3.
“Why does a dead man and a philandering commander have to be personal? Its a freaking thread with comment.”. I don’t know what this means?
I truly am sorry to hear about what happened to you. I hope you did something about it.
CBS Sunday Morning had a story about sexual assault in universities and colleges. It is beginning to get looked at. And to some degree Inrespectfully disagree with you about the role of collegs and universities. They are supposedly training the future leaders of the world and they have been sweeping this crap under the rug for decades. To me they’re fair game.
I have no problem going after colleges and universities guns a’blazing over this issue. I think you misunderstood what I meant. I think many cases of college sexual assault begin in a social setting. Too much booze and peer pressure lead to other things. Not excusing it. Looking for a cause. Let’s face it. There are a lot of college students who have lead very sheltered lives. There are some there with a definite sense of entitlement.
The military, on the other hand, is there for a different reason. It’s a J-O-B. First line of defense. There is less of a sense of entitlement. Compare the nuclear families of those in college vs those in the military. No comparison for the most part. Military personnel are usually far more mature and less dependent on mommy and daddy. Where does that all fit in? I think most, not all, people sign up with a little more experience under their belts.
Should this matter? I don’t know. I just feel that it does.
But all of this really has nothing to do with the article. I think the military needs to shape up. Colleges need to shape up also. They will just shape up in different ways and for different reasons.
I think this discussion is moving far beyond where it was intended to go. I have been jumping on colleges and universities for a while now. I figured it was about time to give the military a little hell, although my favorite topic involves Mickey Winestein.
And no, I did nothing about it. I was 19. Well, I kneed to guy in the crotch. Does that count?
“Why does a dead man and a philandering commander have to be personal? Its a freaking thread with comment.”
I think I have figured this out. Well, it seems to me that in your posting #3, you set yourself up as a judge of what is excessive and what is wrong with the military. IMVHO, that makes this personal. It is your blog and if you strongly disagree with my comments, then take them down-you’re the judge.
Unlike others, I don’t comment on every single thing that appears on here since I have neither the time, th inclination or, in some instances, enough knowledge to make a worthwhile comment. I guess I’m what some of your posters would call a troll. Not my problem.
George, I have only taken down comments that you have asked me to take down. I can’t remember what they are about even. Some comments go to moderation. Most of the comments that end up in moderation get there because of the number of links. Occasionally someone uses a trigger word. I can’t recall if that has ever happened to you or not.
I made the personal comment because the discussion turned into first person comments rather than remaining in the third person.
I will stand in judgement of some things dealing with the military. I have had close relationships with those in the military past and present. I have worked with many people who were former military. I am the daughter of a vet and my mother was a civil servant in the military. I have friends and family with close ties to the military through working in the defense industry.
Finally, my tax dollars, like yours, support the military. It isn’t a sacred cow to me. In particular, I have been concerned over sexual abuse, veterans services, and reserves pulled in repeated during the the last wars. I am also concerned that our women troops are denied reproductive services depending on the president at the time.
I think that covers it. I will comment on the military from time to time.
No further comment-I’m tired of pissing into the wind. You can take it all down as far as I’m concerned.
George & Moon, I think you both have valid points. I’m pro-UCMJ. The military needs to be able to have and enforce its own rules and regulations, especially when you consider that US civilian laws do not reach past our own borders. The military needs a system it can take with them, to govern the conduct of servicemen, regardless of their physical location. Furthermore, civil order has a much lower standard than military “good order and discipline”. So, leave the application of the UCMJ within the purview of the Chain of Command, and within the adjudication of the military court system. Adultery is prejudicial to good order and discipline, especially when both parties are military, or dependents of service members. I’ve seen affairs wreck unit cohesion.
Not sure the campus vs. military comparison is at all relevant. In the military, if you aren’t at your ‘appointed place of duty” you can be charged. Drunk freshmen missing class carries little official punishment, if any. But while we are on the subject of campus sexual assault, there’s this:
“Senator Dick Black (R-13) has introduced Senate Bill 712 which would force administrators and faculty members at public universities to report sexual assaults to the police within 48 hours. From Senator Black’s office,
This bill requires school employees to report sexual assaults within 48 hours to law enforcement rather than handling it internally. We are working with various agencies to ensure the privacy rights of the victims are protected, while giving police the help they need while investigating these crimes on campus.”
I wonder if Moon can look past who authored the bill, and comment on the substance of it.
It sounds good to me. I actually was thinking of writing to Bob Marshall and asking him to sponsor a similar bill. At what point should the matter be taken out of the hands of the victim? I am not sure. Will it cut down on the number of student reports of assault? I don’t know. I also don’t understand young people. I know why *I* didn’t report the dude I had the unpleasantries with.
Many of the victims in Invisible Wars complained that the problem often existed within the chain of command and that the good ole boy network often caused reprisals and worse.
How do they get around this issue? I tend to listen to the women who have been victims. I am not at all minimizing what has happened to men. It is just as horrible. I just haven’t heard any on the subject.
There is also the idea that sexual predators in the military are being dumped on an unsuspecting civilian population.
I simply don’t think military situations can be compared to colleges. Once we get past the definition of seual assault, there is just nothing in common. I had not even thought about the military being able to take the UCMJ with them.
“I had not even thought about the military being able to take the UCMJ with them.”
An overlooked, but immensely important fact. Consider the number of servicemen/women deployed overseas, in garrison and in a war zone. Consider the numbers embarked aboard naval vessels in international waters. So what do we do when there is a reported or suspected assault in one of these places? Who conducts the investigation? Who prefers charges? Who Adjudicates the case? Who ensures the rights of the accused are protected? And here’s another aspect: What happens when the victim or perpetrator is a dependent? What happens if the victim is a foreign national aboard a US base overseas? Do we hand the serviceman over to a foreign nation, and let them be tried under their laws?
When I was in Okinawa, I was assigned as a Summary Courts-martial officer, twice. One was a case of a 19 year-old Marine, having sex with his 19 year-old Okinawan girlfriend, in the Bachelor Enlisted Quarters. What’s the big deal? She’s 19 right? Legal in any state in the union. Here’s the big deal: Japanese citizens don’t achieve their majority until age 20, and in recognition of this, the Commander US Forces JP had issued a local regulation prohibiting sex with a national under the age of 20, as was his authority to do so, under the UCMJ. So papasan calls the Japanese Police, who come aboard the base to find this young lady. The JP’s want to drag this young Marine off to Naha prison and feed him fish-head and rice, until he’s eventually tried and convicted of rape. Doesn’t matter if the sex was consensual. It’s rape under their law.
The local commander refused to give him up, and instead handled it under the UCMJ. I was the court-martial officer. I conducted an investigation, and concluded his guilt: Violation of a written order, and conduct unbecoming a Marine. 30 days in the Brig, 30 days forfeiture of pay, and busted 1 rank. Now who and how would a civilian court have handled this?
The other case was another 19 year-old Marine, again on Okinawa. He was caught having sex with a 17 year-old dependent, giving her alcohol, and cigarettes. Both were American citizens. Crime happened in Okinawa. Under which state’s laws would this be tried? Which country’s? Same as before: I investigated, held the court, and delivered a punishment, albeit a bit harsher.
I was tasked with this duty, because the UCMJ calls for three types of Judicial proceedings: Summary, Special, General. Summary and Special courts can be called for by a Unit commanders. General courts must be convened by a Flag Officer (General/Admiral).
The UCMJ works for the military. It has worked for the military since 1950. No reason to go changing the UCMJ. If commanders aren’t doing their duty under the UCMJ, then punish them for dereliction of duty…again, which civilian court could try a “dereliction of duty” case? How about insubordination? Disrespect in manner and deportment? Desertion?
So how do we handle a case where the rapist is the commanding officer? That’s what some of the women were complaining about. It came out loud and clear in INvisbile Wars.
I don’t know the answer. I certainly see the point about the UCMJ. (I just really hadn’t thought about the ability for it to transport in my argument) I wasn’t even suggesting that any of these issues go to civilian court. However, there has to be a way to take a sensitive case out of the loop if need be.
@George S. Harris
The problem with assessing the data is that some of the survey classify “unwanted contact, etc” as criminal actions. They bend over backward to make sure that any and everything is covered.
What happens is that the stats are way overblown.
@Steve Thomas I hate to say this but your examples are exactly what the problem is about. Those two cases were felonies and a Summary Court Martial is a slap on the wrist in these cases. Statutory rape in is country can get you 10 years hard time.
Had I been the C.O., I would have referred those two young men to a Special Court Martial. Perhaps I might have even considered the case with the Okinawan girl to fall within the SOFA and turned him over to the Japanese Police. I had some young Marines in my command (I was a battalion commander) who were caught smuggling in dope. Based on a tip from what was then NIS, they were picked up by MPs at MCAS Futenma and initially locked up in the Butler Brig. We turned them over to Japanese Police.
P.S. Am glad Senator Black has stepped up and hope his bill is enacted into law. College administrators have swept this stuff under the rug far too long.
You’re right Cargo. A pat on the butt can be , “unwanted contact” and get rolled up with serious sexual assault as “sexual assault.”
I said I wasn’t going to say any more to you about this but when you say,
“I will stand in judgement of some things dealing with the military. I have had close relationships with those in the military past and present. I have worked with many people who were former military. I am the daughter of a vet and my mother was a civil servant in the military. I have friends and family with close ties to the military through working in the defense industry.”
I must say that all of that does not make you an expert on the military any more than my knowing some teachers or physicians makes me an expert on education or medicine. But it’s your blog and you can write whatever strikes your fancy.
Please note that I have NEVER claimed to be an expert. However, I do have opinions and I am as entitled to express them as the next guy.
P.S. “I had not even thought about the military being able to take the UCMJ with them.”
Prime example-it goes with us wherever we go and it ca even reach out and grab someone who is no longer in the military. Rare but it does happen. General Petraeus might be returned to active duty and court martialled.
@Moon-howler
Moon, every commanding officer, has a commanding officer. NCIS is independent of command, and can investigate anyone, of any rank, with probable cause.
Perhaps that is where the assault charges should go–to NCIS
The point is, many of the victims have often felt like they didn’t get justice because of the matter being handled within the chain of command.
@George S. Harris
George, the first case was not felony. Not by any civilian standard. The second case, maybe, maybe not. Contributing to the delinquency of a minor, a misdemeanor, would have been the most likely charge in a typical plea in a civilian court, and I would argue that in the second case, the punishment was harsher than anything that would have been assigned in any civilian court. I maxed that Marine out.
@ Steve Thomas Well in both cases sex with a minor was involved. In most place I believe this is called statutory rape. Some jurisdictions have so-called “Romeo and Juliet” laws, which can be used to lessen the offense from a felony to a misdemeanor. From your example, that is not the case in Japan nor is it the case with the UCMJ. I have a civilian nephew serving 10 years hard time for just such a case-consensual sex with a 17 year old.You may have, “…maxed that Marine out”, but that is easy to do since the most you could give him would be 30 confinement, loss of ⅔ of one month’s pay and reduction to private (if he was a corporal or below). If he was a sergeant, you couldn’t even confine him-only restrict him for two months, take ⅔ of one month’s pay and bust him one rank. Am sure my nephew would have been more than happy with either “maximum” punishment.
The worst case I ever had was a psychiatrist sodomizing a patient. I convened and Article 32 investigation, which recommended a General Court Martial. I forwarded the case to the CG, 3rdMarDiv who, unfortunately, did not approve the recommended GCM. Instead, the officer was forced to resign to avoid court martial and shipped home to continue practicing as a psychiatrist.
Incidentally, the young Marine Lance Corporal who was my driver got out of the Marine Corps later on and went to live with the psychiatrist. Interestingly enough, the psychiatrist would occasionally asked if he could “borrow” my jeep and driver, which I let him do–little did I know!
@George S. Harris
George, I am not a civilian lawyer, nor do I play one on TV. I am, however, married to someone who is on the prosecutorial side of the system, and in her experience, neither of the cases cited above would have resulted in a felony conviction. To whit; Delegate Joseph Morrisey will likely receive a much harsher punishment for perjury than he did receive for having consensual sex with a minor. This, I believe, was the original point of this blog-scrum: the UCMJ is perfectly sufficient for adjudication of crimes, and should remain within the purview and at the discretion of the Chain of Command.
And if today’s news is any Indication, we are about to be treated to an example of what happens when civilian leadership exerts undo influence for political reasons, in what is clearly a military justice matter. Sgt. Beau Bergdhal has been charged with Desertion in the face of the enemy, and the Whitehouse is trying to shut this down, for fear of the political fallout that will arise, when the public learns that servicemen died looking for him, and the Obama admin traded 5 senior Taliban, to secure the release of a deserter, collaborator, and traitor.
I’m with you on Bergdahl-the president needs to stay out of this and let the military justice system handle it. The 5:1 exchange was a bad idea for many reason, the primary one being that we claim we don’t negotiate with terrorists. We made no effort to exchange anyone for the Americans, Foley and Sotolof, who have been beheaded but perhaps we weren’t given the opportunity.
Am sure my nephew would have prefer to have been tried in front of your wife. Perhaps he would have gotten a slap on the wrist instead of 10 years. As I mentioned, in his case it was consensual sex-not forcible rape.
George, I think we are on the same side of the debate, and I fully appreciate your experience in the maintenance of good order and discipline. I will also stipulate that you have a great deal more command experience than I. CO of a FMF MED Battalion is an impressive career achievement.
Since you mentioned SOFA, I am sure that during your command time, you had to use wise discernment when dealing with potential SOFA incidents, considering what the state of relations was between the local host and US forces. While I don’t claim to know the mind of my CO who assigned me the case involving the Japanese girl, I imagine that it had something to do with the fallout we were experiencing from the violent rape of an Okinawan school girl, by three servicemen. These animals were rightly handed over to Japan, tried and convicted. The problem was, for the next several years, even the most minor of offenses, such as car accidents, fist fights, etc the locals screamed for vengeance. Those handed over were judged not only for what they themselves did, but became pawns in a game to get the US to leave Okinawa. I surmise that my CO, believing that the Marine should be punished, but didn’t want him to become a pawn to be sacrificed, used the process granted to him. Me, I just did my duty, investigated, judged, and sentenced. Now, the CO could have set aside my recommended sentence, right? He let it stand. I am not sure if this was a compliment or a curse, but he assigned me the next summary court as well.
“George, I think we are on the same side of the debate, and I fully appreciate your experience in the maintenance of good order and discipline. I will also stipulate that you have a great deal more command experience than I. CO of a FMF MED Battalion is an impressive career achievement.”
I remember the business with the rape of the young Okinawan girl-a genuine tragedy. Your CO may have been correct in his decision-we will never know. Was your select a curse or a compliment? I would say it was a compliment-your CO had, “full faith and confidence” in you and your ability to do your assigned duty. I can think of no higher compliment. Congratulations or as you better know it-BRAVO ZULU.
I agree and thanks for the compliment. If we ever get the chance I can tell you some of my adventures with the Corps. Of my 39 years, I spent some 25 with the Corps tinkled being the first MSC officer to attend Command and Staff College-Class of ’69. Back then MSC officers rarely ever were given the opportunity to command, which I thought was wrong. I always thought it was every officer’s duty, if his/her specialty allowed, to seek command. I got my first shot at command as a LT(jg), CO, H&S Co, 3rd MedBn. You know what a thankless job that can be since everyone but the company clerk works for someone else. My next command was what was then called a Collecting and Clearing Company, B Med, 1st MedBn. I took it to VietNam in 1966. After C&SC and a tour at the Development Center, Quantico, I became the AO for the clinic there and CO, Co. F, HqBn, MCB Quantico. My last Marine Corps command job was CO, 3rd MedBn on Okinawa, 1972-73. I enjoyed everyone of them. My very last job was CO, Naval School of Health Sciences, Bethesda, another very rewarding tour.
Would I do it all again-you bet your sweet ass I would.
@George S. Harris
“If we ever get the chance I can tell you some of my adventures with the Corps. ”
I would welcome this opportunity with vigor and enthusiasm, as it would appear we’ve chewed some of the same dirt.