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Corrupt Government
See other Corrupt Government Articles

Title: US Army Colonel With HIV Facing Trial For Infecting Women
Source: Military Corruption Dot Com
URL Source: http://militarycorruption.com/pounding3.htm
Published: Feb 23, 2015
Author: Major Glenn MacDonald US Army (ret.)
Post Date: 2015-02-23 13:29:18 by TEA Party Reveler
Keywords: US Army, military, corruption
Views: 3258
Comments: 19

GREEN BERET COLONEL WITH H.I.V. FACES COURT-MARTIAL - JEFFREY POUNDING STANDS ACCUSED OF HAVING SEX WITH CIVILIAN WOMAN WITHOUT TELLING HER. INFECTED FORMER DEPUTY DIRECTOR OF STRATEGIC PLANS AND POLICY AT NATIONAL GUARD BUREAU COULD GET 15 YEARS IN PRISON, DISMISSAL FROM SERVICE, BENEFIT FORFEITURE, IF CONVICTED

© 2015 MilitaryCorruption.com

We've come a long ways since the late Special Forces Staff Sgt. Barry Sadler scored a huge hit record with "Ballad of the Green Berets."

That was 50 years ago, early in the Vietnam War, when men who wore that emblem of courage and valor were the epitome of what an American fighting man should be.

A half century later, and some of those old-time Green Berets would spin in their graves to see the spectacle that has recently unfolded at Fort McNair.

GREEN BERET COLONEL HAS H.I.V.

Jeffrey Pounding stands accused of knowingly exposing a civilian female sex partner to H.I.V. after having unprotected sex with her at least three times.

The Green Beret bird colonel had been serving as deputy director of Strategic Plans and Policy at National Guard Bureau.

"I thought I was going to die," the traumatized female testified at the colonel's Article 32 hearing.

Now the ugly case goes forward to a court-martial, and if convicted, COL Pounding could receive up to 15 years in the slammer, be dismissed from the service, and forfeit all pay and allowances.

WHAT'D HAPPEN TO A PFC IN THE SAME SITUATION?

MAJ GEN Jeff Buchanan, commander of the Military District of Washington, referred the case to court-martial. When the proceedings begin soon, you can count on MilitaryCorruption.com to bring you all the sordid details.

The unidentified alleged victim testified in the Article 32 hearing that Pounding romanced and had intimate sexual relations with her in Texas, North Carolina and Virginia.

We wonder if the accused were only a junior NCO or PFC, how fast the Army would ship him off to the Leavenworth DB? Rank has its privileges, and some observers say a full colonel in the Special Forces might get softer treatment.

As of press time, MCC was unable to learn just how the lover-boy 0-6 got infected with H.I.V. in the first place. So far, our C.I.s haven't come across any INTEL that the colonel might be a "switch-hitter" or frequented erotic establishments like Man's Country in Chicago, which some sources tell us a certain "commander-in-chief" patronized back in the day.

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Begin Trace Mode for Comment # 16.

#3. To: TEA Party Reveler (#0)

[Article] We wonder if the accused were only a junior NCO or PFC, how fast the Army would ship him off to the Leavenworth DB? Rank has its privileges, and some observers say a full colonel in the Special Forces might get softer treatment.

Technically, officers are dismissed from the service and sent to the DB with no rank.

A full bird colonel just "might" get special or softer treatment. No flag officer has ever been sent to the USDB Leavenworth, and to the best of my knowledge, only one full bird Colonel (USAF) or O-6 from any service branch was ever there under sentence.

nolu chan  posted on  2015-02-23   17:19:42 ET  Reply   Untrace   Trace   Private Reply  


#4. To: nolu chan (#3)

When's that war effort wrecking faux hero Major Jill Metzger going to stand trial Nolu?---or do the JAGs and Convening Conniving Authorities just do what the Chief of Staffs tell them to do?

TEA Party Reveler  posted on  2015-02-23   18:20:53 ET  Reply   Untrace   Trace   Private Reply  


#5. To: TEA Party Reveler (#4)

or do the JAGs and Convening Conniving Authorities just do what the Chief of Staffs tell them to do?

When have they not done as told? Who pays them? Who writes their fitness reports? Who determines whether they are assigned to get courtroom experience or spend all their time on wills and powers of attorney?

I suspect the court-martial of Col. Sills protected him from a civilian prosecution for the sexual abuse charges. They were eventually dismissed by the military as outside the statute of limitations applicable to the military. I do believe that was shortly after the different, and longer, civilian statute of limitations ran out. (Why I said it was technical.)

The panel (jury) had found him guilty of the sexual abuse which included molesting two girls under the age of sixteen, and masturbating in front of one of them at Scott AFB from 1994 through 1992, and fondling one of them when she was 16 and older at Hurlbut Field from 1994 through 1998. This is what was set aside as having been prosecuted beyond the military statute of limitations.

Those charges could have been prosecuted by the civil authorities.

nolu chan  posted on  2015-02-23   19:57:58 ET  Reply   Untrace   Trace   Private Reply  


#12. To: nolu chan (#5)

Who writes their fitness reports? Who determines whether they are assigned to get courtroom experience or spend all their time on wills and powers of attorney?

Actually for JAG and IG types their chain of command is structured so that conflict of interest is avoided.

However, when it comes to pushing for charges the chain of command is still the responsible agency. If a subordinate commander fails to pursue charges then the MCM authority can intervene.

When one looks at the Military CM system you will see that the rights of the accused are protected. More so than in the civilian sector.

This is why we do not get leaked investigation reports, open hearings and the such as that can be used against the government by a JAG trial defense lawyer or civilian lawyer to dismiss certain charges, or reduce a sentence.

redleghunter  posted on  2015-02-24   9:07:52 ET  Reply   Untrace   Trace   Private Reply  


#13. To: redleghunter (#12)

Actually for JAG and IG types their chain of command is structured so that conflict of interest is avoided.

So, "Who writes their fitness reports? Who determines whether they are assigned to get courtroom experience or spend all their time on wills and powers of attorney?" It's not some civilian, is it?

Somebody decides whether they are DC, TC, or Family Assistance. It can make a tremendous difference when they seek after-service employment. Enlisted evaluations and Officer fitness reports are so inflated that commenting that someone is very good or above average is a killer that is difficult to rebut. How does one argue effectively that he/she can walk on water and is in direct communication with God?

When one looks at the Military CM system you will see that the rights of the accused are protected. More so than in the civilian sector.

In many respects, on paper, this is true.

Then there is also the plain fact of command influence.

Also to be considered is that it is not a jury of one's peers, but a jury of persons senior to the accused.

To be considered is that an enlisted person can demand one-third of the panel consist of enlisted members.

Not to be missed is the curiosity that it takes two-thirds to convict which is arithmetically interesting.

I don't know about current practice, but in days of yore, enlisted were not always advised to ask for enlisted on their panel. Depending on the charge, junior officers were considered preferable to gnarly old chiefs.

What could possibly account for the fact that not one flag officer has ever been court-martialed and sent to Leavenworth? One colonel in the history of Leavenworth, and he was out in less than two years.

Senior officers who get publicly caught for something really bad are usually reduced in rank and retired. Basically, their retirement pay is reduced.

nolu chan  posted on  2015-02-25   19:09:34 ET  Reply   Untrace   Trace   Private Reply  


#14. To: nolu chan (#13)

So, "Who writes their fitness reports? Who determines whether they are assigned to get courtroom experience or spend all their time on wills and powers of attorney?" It's not some civilian, is it?

Somebody decides whether they are DC, TC, or Family Assistance. It can make a tremendous difference when they seek after-service employment. Enlisted evaluations and Officer fitness reports are so inflated that commenting that someone is very good or above average is a killer that is difficult to rebut. How does one argue effectively that he/she can walk on water and is in direct communication with God?

I will check with a JAG officer if things have changed. But as of last year lawyers rated lawyers. Trial defense for trial defense etc. Like line officers each lawyer is managed by an assignments officer. They have to serve as both defense and prosecution. Then can specialize in OP Law, contract etc.

Sure like line officers, JAG officers are racked and stacked based on their potential. Ivy league types are handled with care as the Army invested good money on some of them.

Hot shot female Harvard lawyer I served with in Iraq and in 1st Cav paid her dues before getting the good assignments. She started out in GITMO not such a lovely spot. Had to handle that detainee mess as a bag holder. Then she did tedious trial defense for admin separation boards. Then a low level prosecuter. Then OP Law JAG for my targeting cell. Back to mid level prosecution based on her performance. Then promotion to MAJ and back to trial defense at mid level. Last I heard she was heading to contract law with her husband who was a very good trial defense attorney.

Senior officers? Sure some do walk away with a reduction and no jail time. But so do soldiers and NCOs who plead out. The problem with some lower enlisted is they try to beat a slam dunk case. I observed such. I was a board president for 7 enlisted admin separation boards; board member for 5 officer separation boards and conducted an Article 32 investigation for a rape case for a company grade officer.

With the officer separation boards we discharged all 5 and only one received an honorable discharge as characterization of service. He messed up knew it and confessed before charges were filed. The rest tried to beat the rap with a mountain of evidence against them. It did not end well with them.

The enlisted boards actually ended a lot better. All were discharged with either a general discharge and two with honorable. The enlisted separations are actually more difficult as their chain of command are skewered to ensure the soldier received ample opportunity to right their path. An officer and NCO do not have such latitude. You screw up you are out.

We also have to understand these cases Military Corruption demands information on are either in court or going to court. You know well info is not leaked in the military as in the civilian sector. Failure to secure the legal process can end up in evidence challenged by the defense or a charge the CM panel received information out of court.

redleghunter  posted on  2015-02-25   20:58:56 ET  Reply   Untrace   Trace   Private Reply  


#15. To: redleghunter (#14)

I will check with a JAG officer if things have changed. But as of last year lawyers rated lawyers. Trial defense for trial defense etc. Like line officers each lawyer is managed by an assignments officer. They have to serve as both defense and prosecution. Then can specialize in OP Law, contract etc.

I should say that I have never known anything about the Army or AF JAG Corps. The AF has no equivalent to the Navy at sea. Ashore, enlisted can refuse punishment from an Article 15 and demand a CM, but not at sea. That is some real CO power.

Senior officers? Sure some do walk away with a reduction and no jail time. But so do soldiers and NCOs who plead out.

One O-6 and zero O-7 to O-9 ever sent to the Castle or its replacement DB in about a century and a half is a pretty good batting average. I mean some have been caught up in real doozies like Tailhook. Poor NIS couldn't find anything on anybody. They were so badly discredited they changed their name and became a TV show.

The problem with some lower enlisted is they try to beat a slam dunk case. I observed such.

Some of them want a discharge and don't care what it says. I knew of one guy who was busted for drugs multiple times and failed to achieve his goal until he went and fired up a bowl of hash in the doorway of the MAA office. Almost all those guys were admin'd out.

The enlisted separations are actually more difficult as their chain of command are skewered to ensure the soldier received ample opportunity to right their path. An officer and NCO do not have such latitude. You screw up you are out.

I think that varies by service. AF can afford to do that. AF can afford to say HS grads only. Other branches take AF rejects. Anyone considering joining who asks me what branch to join, expecting me to tell them Navy, gets a little surprise when I say Air Force.

We also have to understand these cases Military Corruption demands information on are either in court or going to court. You know well info is not leaked in the military as in the civilian sector. Failure to secure the legal process can end up in evidence challenged by the defense or a charge the CM panel received information out of court.

I don't pay too much attention to Military Corruption anymore. It has gotten like a supermarket tabloid. But its mention brings back memories.

http://www.militarycorruption.com/mullahy.htm

THE UNSUNG HERO OF THE USS IOWA EXPLOSION - HOW THE NAVY FAILED TO PUNISH A FEMALE OFFICER'S VENDETTA AGAINST HIM

[excerpt]

Two days before his court martial in June 1988, the Navy arbitrarily changed his defense counsel.

Also, on the day the proceedings were to begin, Mullahy was told none of the officers who advised him about the housing allowance could be found to testify in his defense. In addition, his civilian lawyer was barred from entering the base. The "fix" was in.

Ponder what could justify changing his defense counsel, without his consent, after the panel is selected and jeopardy has attached; and barring his civilian counsel from the base. What would constitute "good cause?"

In Military Criminal Justice, Practice and Procedure, 5 ed., by David A. Schlueter, at page 351, footnote 124, it states, "124. See, e.g., United States v. Allred, 50 M.J. 795 (N.M.Ct.CrimApp 1999) (reversible error to replace defense counsel without good cause....)"

http://www.militarycorruption.com/mullahy2.htm

"A GLIMPSE OF HELL" TV MOVIE EXPOSES NAVY COVER-UP BUT DOESN'T TELL THE WHOLE STORY

The movie came out in 2001. It's about the explosion on the battleship USS Iowa. That's about when I first read about Mullahy's story. Mullahy is a non-person in the movie, despite the fact that he was awarded the Silver Star.

nolu chan  posted on  2015-02-26   2:23:44 ET  Reply   Untrace   Trace   Private Reply  


#16. To: nolu chan (#15)

I mean some have been caught up in real doozies like Tailhook. Poor NIS couldn't find anything on anybody. They were so badly discredited they changed their name and became a TV show.

Had a lengthy story reply on Tailhook, alas, lost connectivity and lost it all.

Summary therefore. Knew a Navy 04 F-18 pilot (my Army CGSC instructor for Joint warfare) who ATTENDED that infamous Tailhook convention. He was nowhere near the criminal events, but selling T-shirts for his Squadron commander to make money for the ship store. He told us that the then SEC Navy instructed the officer promotion boards to include attendance at that Tailhook on official personnel records. At the time the Navy 04 was an 03 promotable to 04. When he went up for his 05 (full Commander) board he was passed over. Several of his peers at the same Tailhook convention were also passed over on that board.

So we have such criminal activity that does not see the light of day based on how 'evidence' was handled, yet someone who had nothing to do with the events, other than being in the same hotel that night, gets passed over for promotion. Another example of the PC Clinton military of the time.

redleghunter  posted on  2015-02-26   10:44:59 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 16.

#18. To: redleghunter (#16)

I recall the after effects of Tailhook went as you describe. What was not done officially worked its way through the evaluation system to destroy careers. Defeating evaluations or fitness reports requires some creative work and luck.

For the event itself, John Lehman was a former SECNAV and was one of those reportedly engaged in sex acts. The initial investigation tried to blame the whole thing on junior enlisted. NIS had to act like the Keystone Kops to not find evidence that went way up the chain. Tailhook occurred in 1991 before the Clinton administration started in 1993.

A 27-page report from Duke University is available at:
https://web.duke.edu/kenanethics/CaseStudies/Tailhook&USNavy.pdf

At 9, "On April 30, 1992, both the NIS and the Naval IG released reports that described in great detail the behavior on the third floor of the Hilton. But the reports did not produce a sufficient quantity of names of those who participated or who could be held responsible. In the end, the NIS spent between 12,000 and 13,000 hours questioning 1,500 officers stationed across the globe and was only able to name two suspects: a member of the Australian air force and a marine captain stationed at the Naval Air Station in Meridian, Mississippi."

DoD issued two reports, the first on September 24, 1992 and the final report on February 22, 1993, a month after Clinton took office. The final report was released to the public in April 1993. It found 83 women and 7 men had been sexually abused and cited 140 junior officers to be further investigated. Six of the 140 went to court-martial. Two were dismissed. One got a letter of admonition and a $1,000 fine. The remaining three argued they were being prosecuted for witnessing what Adm. Frank Kelso had witnessed and did nothing about. Kelso' subordinate presided over disciplinary proceedings. Capt. Vest of the Legal Service Office found Kelso "manipulated the initial investigative process in a manner designed to shield his own personal involvement in Tailhook '91 ... The failure by those responsible to take strong corrective action regarding inappropriate behavior that obviously occurred at past Tailhook symposiums is incomprehensible..."

Actually, it is entirely comprehensible. It was a crisis in multiple ways. John Lehman and Frank Kelso were there. Kelso became Chief of Naval Operations (the senior naval commander) on June 29, 1990 and Acting Secretary of the Navy in January 1993.

A grommet of pilots were there. If they had instantly ended the careers of that many pilots, who would fly the planes?

NIS was dissolved in 1992. The "new" organzation called NCIS took over.

Paula Coughlin was awarded a few million dollars by a court from the Hilton Hotel. She also settled out of court with the Tailhook Association.

As a memory of the atmosphere 50 years ago, I recall the quarterdeck office at Norfolk Naval Station. At the time, a gnarly old Chief sat there during the day. The stairs to the CO's area went up just a short ways from the door to the Chief's office. A really gorgeous young Ensign went up the stairs and the Chief observed the trip with a sextant in hand. She saw him and told him she was going to write him up. He replied, "what for, looking?" That was the old Navy.

nolu chan  posted on  2015-02-26 22:52:01 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 16.

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