For those of you who aren’t familiar with this story, let me recount the details from the Navy Times editorial Hold E-8 Accountable regarding the reported actions of Chief Master-at-Arms Michael Toussaint:
The original investigation into the matter, which occurred in 2005 and 2006 and only recently surfaced publicly, cited 93 instances of hazing, abuse and other improper conduct. Much of it was shocking. The report said members of the dog–handling unit routinely held “hooker parties,” gambled, fraternized and hazed men and women. In one incident, a naked female sailor was handcuffed to a bed and forced to pretend to be a lesbian fighting with another woman. And a female sailor’s report of sexual abuse was not forwarded up the chain of command.Despite the damning findings of the command investigation, the man in charge of the unit — Chief Master-at-Arms Michael Toussaint — not only avoided accountability for any of his actions or those of unit members, he was advanced to senior chief in 2006. The story made national headlines in September, when the documents became public.
(By the way, E-8 is the paygrade for Senior Chief Petty Officers.)
The Navy Times‘ related article to this editorial added this to the description of events lead to this discussion of punishment:
The investigation found one sailor was ordered to simulate homosexual sex acts, tied up and locked in a dog cage, and forced to eat dog biscuits. Gambling, fraternization and socializing with prostitutes were also commonplace among some of the unit’s sailors, investigators found.
The Navy Times has a summary of the report’s contents here. Be prepared to be disgusted should you decide to read it.
The bizarre thing is that after an initial investigation found “93 incidents involving hazing and other improper behavior in the Military Working Dog Division at Naval Support Activity Bahrain in 2005 and 2006,” not only was no one held accountable for these incidents, Chief Master-at-Arms Michael Toussaint (paygrade E-7) was advanced to Senior Chief Master-at-Arms (paygrade E-8).
[Below the fold: How the Navy is going to hold Senior Chief Toussaint accountable.]This all came to light last September, and the Chief of Naval Operations (CNO), Admiral Gary Roughead, ordered a second investigation.
As a result of the CNO investigation, the Senior Chief is going to be held accountable by being forced to retire. Again, from the Navy Times‘ Senior chief to retire in hazing investigation:
The senior chief who ran a military working dog kennel in Bahrain and permitted hazing, hookers and other misconduct will be forced into retirement in January, Navy officials said Wednesday.Senior Chief Master-at-Arms Michael Toussaint, 38, will be removed from his current post as a dog handler with a SEAL unit and placed on desk duty with Naval Special Warfare Group 2 until he leaves the service, said Cmdr. Elissa Smith, a Navy spokeswoman at the Pentagon.
This forced retirement is going to likely going to cost him a lot. This is because he likely won’t be retired as a Senior Chief Petty Officer (E-8), but as the last highest paygrade in which he’s considered to have served honorably. The Navy Times, in their editorial, is suggesting that the Senior Chief should be retired at the rating of First Class Petty Officer (E-6):
[I]t cannot be argued that Toussaint served honorably while a chief. Toussaint should be retired at no higher than E-6.
He could be retired at a rate as low as Seaman Recruit (E-1).
Under the 2009 retirement pay schedule, Toussaint will be eligible for about $2,032 in monthly retirement pay as a senior chief. If [Secretary of the Navy Ray] Mabus opted to reduce him one rank, to E-7, he would receive about $1,850 each month under the 2009 figures; if reduced to E-1, a retired sailor can receive $664 monthly.
There is little doubt he won’t be retired as an E-8, so the reality is that any retirement demotion will have the potential of costing civilian Michael Toussaint tens of thousands of dollars over the rest of his life.
Joseph Rocha, the gay sailor who bore the brunt of Chief Michael Toussaint’s hazing, has applauded the outcome.:
“This is a proud day for the entire Navy, in re-establishing its core values and in protecting the dignity of its service members.“To see the CNO and the secretary of the Navy, the most powerful gentlemen in the United States Navy, to speak nationally on behalf of an openly gay veteran, it’s definitely groundbreaking. I think it sets the tone for our future military.”
Joseph Rocha is now a civilian activist, working to repeal Don’t Ask, Don’t Tell (DADT). If DADT is repealed relatively soon, Mr. Rocha plans on rejoining the military as a commissioned officer.
What do I think about all of this?
Well, when I was in the Navy, I was sexually harassed based on my gender expression: I was presumed to be gay. There was an Executive Officer (XO) and a junior Petty Officer involved in my sexual harassment. The punishement for sexually harassing me: the XO received a written reprimand, and the junior Petty Officer received a verbal reprimand at a non-judicial proceding (an Article 15 hearing). (You can read about it here.)
The U.S. Navy has a long history of dealing with issues of hazing and harassment very poorly — going back to way before the Tailhook scandal. Leaders — like Senior Chief Toussaint — rarely are held to account for what most of us would consider hazing or harassment, and the chains-of-command above hazers and harassers are rarely held accountable for failing to hold leaders like Senior Chief Toussaint to account. Unless, of course, the media, the public, and congress get involved.
At this point, I’ll be satisfied if this ends up costing Senior Chief Toussaint tens of thousands of dollars over his retirement.
Frankly though, it would have been a lot better if the Navy would have held then Chief Toussaint to account for his behavior instead of promoting him. The Navy needs to address their systematic problems related tacidly condoning hazing and harassment.
Forcing the leaders in the chain-of-command out of the Navy — those chain-of-command officers who failed to hold Cheif Toussaint accountable for 93 incidents of hazing and harassment — seems a good place to begin dealing with those systematic problems.
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10 Comments





how many ways can we charge thee?Let me count the ways.
Art. 77, 78, 80, 81. Principal, accessory to the offenses, attempted offenses, conspiracy.
Art. 92. Failure to obey regulations. Maximum punishment: bad-conduct discharge (BCD), 6 months’ confinement, forfeiture of all pay and allowances (FFAPA).
Art. 93. Cruelty and maltreatment. Dishonorable discharge (DD), 1 year confinement, FFAPA.
Art. 97. Unlawful detention. DD, FFAPA, 3 years max.
Art. 107. False official statements. DD, FFAPA, 5 years max.
Art. 120. Rape, aggravated sexual assault, other sexual misconduct. [Manual for Courts Martial covers a wide range of misconduct under this statute]. Those committing, abetting the offense, &c. “…shall be punished as a court-martial may direct.” Till recently a death-penalty offense.
Art. 125. Sodomy. “Penetration, however
slight, is sufficient to complete the offense.” Includes infliction without consent, i.e., forcible sodomy, max punishment DD, FFAPA, life.
Art. 127. Extortion, including “any acquittance,
advantage, or immunity”. Max is DD, FFAPA, 3 years.
Art. 128. Assault (includes attempt as well as actual battery, incl. sexual battery under military case law). BCD, FFAPA, 6 months.
Art. 134. “all disorders and neglects to the prejudice of
good order and discipline in the armed forces, all
conduct of a nature to bring discredit upon the
armed forces, and crimes and offenses not capital”. Includes, under MCM, drunken or disorderly conduct, fraternization, negligent homicide, indecent language, obstruction of justice, pandering & prostitution, subornation of perjury, reckless endangerment, communicating threats.
Punch line. Art. 2a, personal jurisdiction statute, does hold that retired personnel can be subjected to court-martial for offenses during active service, esp. if they’re collecting pay now. Even if he is retired, he could be brought back. And “forfeiture of all pay and allowances” means just that — potentially, no pension.
Given the gravity of the possible charges, it’s possible the Navy Dept. could bring court-martial charges for some serious penalties. Calling these incidents “hazing” doesn’t even begin to describe just how serious. It’s up to the convening authority to charge, and if so, what. It’s a little hard to look the other way when it pops up in the Navy Times.
(Footnote. Those injured by a superior’s misconduct can’t sue for tort damages. Feres doctrine. Court-martial may be the only justice.)
Fiat justitia ruat coelum.
No. They won’t. And it’s outrageous.
no doubtAnd it’s a pity, because all they may have to do is to make one good example, mounted and stuffed, to discourage at least some of this Tailhookery. This is not good order & discipline.
Pour encourager les autres. — Voltaire
Is it any wonder we haven’t won a war for sixty years?With our military’s rampant “boys will be boys” attitude, and with the brass quite openly condoning it (and even covering it up), is it really surprising that the only military action we’ve won since the end of World War II was Reagan’s whimsical invasion of Grenada? And then they make public statements about how LGBT service members are the threat to unit cohesion. Jesus.
Didn’t they promote the pig?They want their troops terrified of the staff, how else can you maintain discipline?
Thay’ll handle it the same way the Air Farce Academy handled Rape and religious bigotry
They will ignore it.
once again....the ones at the top of the chain abuse power, lie, and literally torture people and they are ‘allowed to retire’ and lindey england, a private, was sent to prison. i’d give the guy 20 years for the mental cruelty he inflicted on so many people. i suppose obama is going to let this happen. retirement instead of jail is not the change we believe in. however, i’m getting used to the disappointment.
Courts martial IS the only justiceSince the rank of Navy Chief Petty Officer is a Congressional Appointment, the only way to take this guy’s anchors and forcibly retire him at a lower paygrade is to convict him at courts martial. It’s not the same as it is for E-1 through E-6, where the OIC or CO has the authority to reduce a sailor in rank via non-judicial punishment (in the Navy known as Captain’s Mast). Toussaint needs to be charged with criminal conduct and convicted at courts martial. Then the judges need to recommend to BUPERS that he be stripped of his anchors as punishment. Only then will he lose rank. If the Navy were going to bring charges against him at courts martial, they would have by now. They’ll settle for forcing him into early retirement, with pension, and full benefits.
I’ve only personally known one chief that’s happened to, and that’s because he was very publicly caught having an affair with three different female sailors E-5 and below, two of whom were married to other men, all in the same department. Fraternization at its finest. (But gay sexual misconduct is the real threat to unit cohesion.)
then they need to start the proceedingsNavy Times only speaks of a “command investigation” (equivalent to Army AR 15-6?), not a formal pretrial (Art. 32) proceeding. Maybe it has been a couple years, but there should be enough criminal charges raised by the fact pattern, something should stick. The fact pattern suggests a number of criminal breaches (common-law felonies, which the UCMJ punitive articles restate) and military breaches (false official statements/reports, etc.).
Even if it had been an E-6 in command, this would still be way above nonjudicial (Captain’s Mast/Art. 15) level. Summary court-martial at least, if not general court-martial.
This was a major crime that could carry prison and financial penalties and should have been treated as such. Maltreatment of U.S. personnel on the Abu Ghraib pattern, and under color of official authority, yet, as he was a CPO. All the more reason to have him mounted and stuffed.
They really can’t let this one slide.
Logical fallacy _petitio principii_Also known as “begging the question.” Autumn, you make an entirely unwarranted assumption by asking “How”. The first item that must be established is: “Will The Navy Hold The Hazing Scandal Senior Chief Accountable?”