Lt Col Wilkerson sexual assault case

[Hacker]

Everybody has to add "special operations" to their job description to make themselves feel like a real warrior, right?

[ClearedHot]

A) What the hell is special operations air refueling in regards to a -135?

There is a difference believe it or not.

[17D_guy]

This dude is batshit crazy, KC-135 Nav (go figure). I know a guy he went after as part of this story, dude didnt even know the major, cost him all sorts of money in a civil suit.

This guy is infamous around the -135 community. He is batshit insane.

I went through commissioning and the spouse and a few others went through training with him. I'm painfully aware of his.. quirks. Wasn't aware of a civil suit, I just thought the timing was bad, and if anything was going to come of it/your guys thoughts.

He's the last person we need as the face of AF sexual assault.

[WABoom]

There is a difference believe it or not.

^^^^^^^^^^CH is correct

It's sort of like Fight Club.

[Fuzz]

I went through commissioning and the spouse and a few others went through training with him. I'm painfully aware of his.. quirks. Wasn't aware of a civil suit, I just thought the timing was bad, and if anything was going to come of it/your guys thoughts.

He's the last person we need as the face of AF sexual assault.

Yeah he apparently sued a bunch of guys (one I know) as part of his claims against this major, problem was this guy never even heard of the major. Cost him thousands of dollars fighting the case.

[PSYCH]

https://politi.co/1ebkcIF

[sqwatch]

https://politi.co/1ebkcIF

Pilot haters have called me many names, but never "god-like".

[Lord Ratner]

https://politi.co/1ebkcIF

I know this surprises no one here, but that article has nothing in it that supports the so called good-old-boy club argument. It even has one of the good old boys arguing against a verdict reversal. I also found it interesting that Hicks "knew [breedlove] was “very much in Franklin’s camp.”"

[17D_guy]

I think the "good ole' boy" comment was the casual nature in which they discussed the case, and Gen Franklin's decision to overturn the verdict.

I thought the Air Force Times version had and interesting spin as well -

https://www.airforcetimes.com/article/20130910/NEWS05/309100011/Lawmakers-lambaste-old-boy-s-network-email-exchange

Overall I was surprised Gen Franklin was so incensed at the loss of the O6 spot/security clearance for the "good" Lt Col. I wonder what his comment would be now about the adulterer still being in the AF. Relevant part from article:

Wilkerson “wanted me to convey to you (Gen Franklin) his promise that there is no adverse information to his knowledge outside the charges brought against him in court,” according to the message.

Way to F the boss. Stand up bro.

This turned out horrible every way it could have.

[Disco_Nav963]

Overall I was surprised Gen Franklin was so incensed at the loss of the O6 spot/security clearance for the "good" Lt Col. I wonder what his comment would be now about the adulterer still being in the AF. Relevant part from article:

Way to F the boss. Stand up bro.

This turned out horrible every way it could have.

I think the quote from General Dunlap in that AF Crimes article has the most bearing on the actions taken by Gen Franklin: "If you come to the conclusion the person is innocent, then it would be unconscionable not to try to restore an innocent man to where he was before the accusation was made." I wish all of our commanders had the courage of their convictions on that.

The adultery issue is a separate thing, and I wasn't going to bring this up until you did, but I read the report of the 12 AF/CC-directed investigation of the "love child" that has now been posted to the AF FOIA Reading Room site. The report makes it clear that at the time of the "affair," the Wilkersons were not living together, were having marital problems, and were "physically" but not "legally" separated. As I understand it, "legally" is what counts as far as the UCMJ—but the report glosses over what exactly was meant by "physically." The statement Wilkerson gave to the investigator is not included, so from what is in the report it is impossible to tell if they were physically separated in anticipation of considering a legal separation in anticipation of a possible divorce, or if Mrs. Wilkerson had just gone to visit her parents for a month. And of course the third essential element of adultery under the UCMJ is whether it was "to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces." The author of the report, who is not identified, makes a post facto argument that the negative publicity resulting from the disclosure of the "affair" 8 or 9 years later constituted "discredit upon the armed forces," but ultimately relies on the fact that Wilkerson hooked up with the baby momma during a 4 ship RON to HIll that was scheduled after he met the woman—implying that Wilkerson wrongfully used government resources to advance the "affair," which would be "to the prejudice of good order and discipline." But the report's author never really proves that. IMO from the facts in the report, the author could have very easily found no wrongdoing, but perhaps felt compelled to nail Wilkerson on something due to the media focus.

I'm just speculating, but I would hope Wilkerson told all of that to his lawyer, Frank Spinner, at some point, and had a pretty good idea that he was in the clear on that at least legally—and that formed the basis of what he told General Franklin's people. Which was really all he could do if he wanted to get his security clearance back. Anyway, none of that is anything I ever wanted to know about a guy who might have been my commander or IG had I taken some different paths in life... But it is all only tangentially related to the issue of whether Franklin was right to overturn the verdict. And at the end of the day, I still think with 99% certainty that the prosecution failed to meet their burden of proof, and with about 90% certainty that Wilkerson was truly innocent of the charge. Fathering a love child doesn't make you a rapist. If you think it makes it more likely he was simply a cad who was perhaps trying to hook up with the nut job from the Med Group, and got caught, again, it doesn't make him a rapist (and both the prosecution and the defense agreed that the accuser was not so intoxicated as to be incapable of consent). But there are enough problems with the accuser's story that I don't even believe that.

From reading through the documents, I think the only real heroes in this case are Franklin, Breedlove for supporting Franklin, and the Captain ADC who was courageous enough in the appeal documents to call out the O-6 prosecutor for misconduct. Everybody else made fools of themselves, one way or the other (and certain members of Congress and the media are continuing to do so)... But in the American system we aren't supposed to scapegoat people because we're afraid of negative publicity. (See: Duke lacrosse case)

[17D_guy]

From reading through the documents, I think the only real heroes in this case are Franklin, Breedlove for supporting Franklin, and the Captain ADC who was courageous enough in the appeal documents to call out the O-6 prosecutor for misconduct. Everybody else made fools of themselves, one way or the other (and certain members of Congress and the media are continuing to do so)... But in the American system we aren't supposed to scapegoat people because we're afraid of negative publicity. (See: Duke lacrosse case)

Concur, though I would include the Aviano Wing/CC who relieved his deputy/vice/whatever and wrote the email up decrying the decision to overturn. Not because I agree with him, but because he said something. I don't fault Gen Franklin at all. I think it was an amazing letter to read and I think he made the correct decision based on what I have been able to read (FOIA/articles) on the matter, and I wish I someone with those characteristics in my chain, alas...

I don't think adultery makes someone a rapist and did not mean to imply it should my statements have come across that way.

I do have a problem with Wilkerson telling the guy who restored his LIFE that there was absolutely nothing else.. legal or not. Gen wrote a letter about honor, and integrity, and doing the right thing despite the repercussions. Something we see too rarely from our senior leaders imho. I think he expected the same in return and came back wanting. My opinion, and maybe the guy with wings and stars (and you guys) have a different point of view culturally that you can enlighten me on about why that's not a big deal.

but ultimately relies on the fact that Wilkerson hooked up with the baby momma during a 4 ship RON to HIll that was scheduled after he met the woman—implying that Wilkerson wrongfully used government resources to advance the "affair,"

Kinda scummy still being legally married, but.. eh, agree with your summation.

Finally, what's a RON for us Ops-but-not-Ops types?

Edited September 12, 2013 by 17D_guy

[Disco_Nav963]

Finally, what's a RON for us Ops-but-not-Ops types?

Remain over night... In this case it sounded like they just had some hours to burn for off-station training (and where I have a problem with the investigator's argument is that some kind of RON was going to happen somewhere, and hypothetically if they had gone to Sacramento instead and Wilkerson banged some woman he had never spoken to before, that would have been considered perfectly okay). Agree with pretty much everything you said... The ex-Wg/CV sounds like a real piece of work. Knowing what we know now, the right thing for Wilkerson to do would have been to come clean to Franklin and agree to serve in a job that doesn't require a clearance until he could retire.

[10percenttruth]

If I had an art 15 for everytime I or anyone in my crew / formation hooked up on an XC, we'd all be in jail.

[Mark1]

There is a difference believe it or not.

^^^^^^^^^^CH is correct

It's sort of like Fight Club.

Yeah...they have an extra crew member onboard to ensure that they arrive 4min late to the IP going the wrong direction.

But I did have one toboggan down to 1500ft AGL in order get us the gas we needed to support a particularly ugly TIC. I'm not so sure that they had any idea what they'd done as most crews might fudge the numbers to get down to ~4k and then balk, but if they did, there we some guys on the ground that night that appreciated it.

[17D_guy]

Yeah...they have an extra crew member onboard to ensure that they arrive 4min late to the IP going the wrong direction.

But I did have one toboggan down to 1500ft AGL in order get us the gas we needed to support a particularly ugly TIC. I'm not so sure that they had any idea what they'd done as most crews might fudge the numbers to get down to ~4k and then balk, but if they did, there we some guys on the ground that night that appreciated it.

Now you're just trying to make me feel stupid.. BREAK

This hot off the presses, (well the 10th), you'll notice it's not AF Times and I couldn't find it on the AF Times site in a cursory glance.

https://www.armytimes.com/article/20130910/NEWS05/309100018/Emails-accuse-former-Aviano-vice-wing-commander-protecting-Wilkerson

"The former commander of the 31st Fighter Wing at Aviano Air Base, Italy, accused his vice commander of trying to protect the base inspector general, who was a friend and fellow pilot, by sitting on an allegation of sex assault against the IG, newly released emails show."

[FallingOsh]

General Hostage steps in to force Wilkerson's hand (and save some face for the Air Force)?

"The decision from Michael Hostage, the commander of the air combat command, to issue Lt Col James Wilkerson with a "notice to show cause" letter – giving him the option to demonstrate why he should remain in the military or retire – was based on an "underlying pattern of misconduct" that went on for much of his 20-year career, the air force said. Wilkerson chose to retire, it said."

https://www.theguardian.com/world/2013/oct/03/fighter-pilot-centre-sex-assault-row-retire?CMP=twt_gu

[17D_guy]

What's the over/under on him getting dropped at least one rank?

Just think.. this guy was ID'd as a superstar by his leadership.

[HeloDude]

What's the over/under on him getting dropped at least one rank?

I will bet you a month's flight pay that he retires as an O-5. Why would you even suggest that he wouldn't?

[17D_guy]

Read the article. Rank last served honorably. Same thing happened to Fiscus. He had the affair with proof as a Maj and it's been refereed to some committee.

As well all know.. good things come out of committees.

[FallingOsh]

Just think.. this guy was ID'd as a superstar by his leadership.

Any officer with a few OPRs has undoubtedly been identified as a SUPERSTAR!, IDE ASAP!, LINCHPIN!

[HeloDude]

I will bet you a month's flight pay that he retires as an O-5. Why would you even suggest that he wouldn't?

Read the article. Rank last served honorably. Same thing happened to Fiscus. He had the affair with proof as a Maj and it's been refereed to some committee.

As well all know.. good things come out of committees.

Lt. col. granted clemency in sex assault case to retire as major

Lucky for me, you didn't take the bet and I get to keep my month's flight pay. Looks like you had the right call on this one man.

That being said, I still think retiring him as a Major is BS...they're doing this because of his conviction that was thrown out (and the outrage caused because of it), not because of his affair 9 years ago. That's the military for you.

[17D_guy]

Yea,

As I've said before my issue wasn't with the conviction being overturned, I think that was the right call. It was with Lt Col Maj Wilkerson leaving the Gen hanging with his omission of any other things that could get him "in trouble". He could have retired after the overturned conviction and this additional headache, and hit to the integrity of Gen Franklin been totally avoided.

Rules pretty clear about last rank served honorably and he's certainly not the first I've seen get popped. I think he's somewhat lucky since he had the affair as a Maj, they could have conceivably dropped him to Capt.

I hope this issue is done with, and the damage it caused can start to be repaired. I don't know how it is in your communities, but with my peers/year-group this caused a lot of negativity.

BTW - how much would the flight pay have been?

[HeloDude]

BTW - how much would the flight pay have been?

Let's just say quite a bit more than your 'cyber pay'

Haha!

[Learjetter]

So to summarize:

Good dude is IG at Aviano, selected for O-6.

Is accused, then convicted of sexual assault.

Conviction overturned, reinstated, PCS to DM.

Politicians outraged, AF re-investigates, 9 yr old affair unearthed, 12AF/CC likely redlines promotion and issues "discipline"

COMACC decides "show-cause" is in order.

Guy retires as 04.

That about right?

If so, I'm not sure "justice" has been served, or "honor" restored to the Service.

[HeloDude]

Learjetter, you're not telling me that politics and public appearance had anything to do with this final decision, are you?