|JCTAR I MtsN I OF THE NAVY COM','ANOER MVAL SURFACE FORCE ATLAN'I'IC 14l}0 MITSCHER AVENUE NORFOT-K URGTN!{ 23651 -2.{91 5800 Ser N02L/ From: Tor $uDl: TNVESTIGATION I}.TTO SUSPECTED FRATERNIZATTON BETWESI TI{E COMMAND MASTER C{IEF AND O}T BOARD USS NEW YORK (LPD 21) Ref : (a) R.c.M.303, McM (2ooB ed.) (b) Mir- R- Evid. 305, MCM (2008 ed.) 1. this let'ter appoints you, per reference (a), t'o i4vestigat.e the factE arrd eircumgtaltces Burrounding the diacovery of text medEage€ and phone calls beLween the Cornmand Mastser Chief arld the . on board USS IIEW YORK (LPD 21-) during a -'---- Limited Tf,aining Team inspection. 2. Review reference (b) prior eo interviewing any witnesgeg. 3. Report your findings in letter form by 03 Septse$lcer 2010, unlege an extension of tine i6 granted. You are to include with youf, report all vrilllesE seaternenC€ and other doeumented evldence gathered. 4 - You may Eeek legal advice from JAGC, UsN, duridg t'tre eourse of your inveatigation, 1 be reached aC ?57- or by e-maiL ats By direction ^lnmander, Naval Surface Force Atlantic
46
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|JCTAR I MtsN I OF THE NAVYCOM','ANOER
MVAL SURFACE FORCE ATLAN'I'IC14l}0 MITSCHER AVENUE
NORFOT-K URGTN!{ 23651 -2.{91
5800Ser N02L/
From:Tor
$uDl: TNVESTIGATION I}.TTO SUSPECTED FRATERNIZATTON BETWESITI{E COMMAND MASTER C{IEF AND O}T BOARD USSNEW YORK (LPD 21)
1. this let'ter appoints you, per reference (a), t'o i4vestigat.ethe factE arrd eircumgtaltces Burrounding the diacovery of textmedEage€ and phone calls beLween the Cornmand Mastser Chief arldthe . on board USS IIEW YORK (LPD 21-) during a-'---- Limited Tf,aining Team inspection.
2. Review reference (b) prior eo interviewing any witnesgeg.
3. Report your findings in letter form by 03 Septse$lcer 2010,unlege an extension of tine i6 granted. You are to include withyouf, report all vrilllesE seaternenC€ and other doeumented evldencegathered.
4 - You may Eeek legal advice fromJAGC, UsN, duridg t'tre eourse of your inveatigation,
From: Conmander, Naval Surface Force AtlanticTo: cornrnander. Ary)hibious Squadron EighL.
StTbJ: TNVESTIGATTON TNTO SUSPECTED PRATERNIZATIoN BETWEEN THECOMMAND MASTER CIIIEF AND ON BOARD USS NEWyoRK (LPD 21)
1. Forwarded as a natter under your cognizance. PleaEe reportback eo thie command any adrniniEt.rat.ive or digqiplinary actionstaken in connection with 1]hi6 matter. ,/
03 Septeirber 2010
To: Comnander, Naval Surface Force AtlanticS\rbj: INIESTIG.ATION INTO SUSPECTED FRATERIiTIZATION BET!{EEN TEE COMI,IAND MASTER
CHIEF AND ON BOARD USS NEW YORK {IIFD 21)
Encl: (1) Cetl- phone bi1t6 from october 2OO9 lhrough Au$rst 2010(2) Coftrnand Climate Survey hand-writted conunents regarding suspected
lraternization(3)
(4)
Personaf stalement fromboard USS rilEw YoRK (lPD 21)Personal slatement from CMDCM
Master chief on board Uss NEw
1. Findinge of fact.
a. Enclosure (1) is Eelephone records of governmene owned ce1l phoneBbelongiBg to uss IiIEw YoRK (LPD 21). Telephone number tshephone ' - .-o rhi{;:
---,-_ _ =._J( relephonenumber le phore ieEued to the Collsn&d Master chief (CMc),(:l!tDc'l.'t {sw) Robelt Stsocklin. A revie1,' of the phone recorde from December 2oO9to May 2010 shovd tha! the ClvC and - bawe been iD contact almost daily,
IISN .
(sw) Robert stocklin, usN, comnandYORK (',PD 21)
and sometlmeE inultsiple bimes a day. Phone calf8 lrere nade during the weeh,ower weetendE and holidays, and ats a1l tsimes of, lhe day tso irclude lateeventng hourE from 2000 Eo 0100. The phone cal1s lasted. on average, 15minuhes \rich a number of rhem lastsing over 25 minutes and a max of 64
b. Upon reporting to USS NEw YORK (!PD 21) on 30 August 2010 to conalucEtbe i--.eatidat nn r raceived verbal authorizaclon from the
to diEable tbe unclassi"fied accourlts of the cMc ard. r scanned che cddtente of ehe e-mail accounts and Otrtlook daca files
looking for personal e-Ilailg betvreen lhe CMC and No incriminating e-mails were found. I also confiscated the command celL phones fron the CMC
aad Ther.e were no tex! meseages or recent calls beeween the tltonumbers onl -phone. CMC,S phone showed lhat he had received a textmessage frolfr:'--'*-* )n sunday, 29 Au$rsts 2o1o at 3:3x PM that read "Busy?"CMC'g response to ats 3:32PM read '\No, still at ." fllele were noother text mesaageG or recents calIs between the two numbers on cMC's phorle,
c. I reviewed the conmand ctimate survey hhat was conductsed on 13 April2010. Two of over 100 hand-wrltsten commelltE specificalLy addreEsed command-wide runor8 of an inappropriate relationBhip betsween lhe CMC and a' one conirnent stated that tshese runors led Eo a severe degradationor euvd order and discipline. The€e comments have been incfuded as enclosure(2). e
d. I intserviewed lhe outgoingwho has been onboard for approximateLyobserved, on a few occasioDs, CMC and
two years and {orks fordeparcing Lhe ship within minutes
of each other at the end of the day. CMC andoffice, or cMc,s office, having coffee and chariing; on ewery occasion rhedoor has been open and the two have been scparated by space and/or a desk.He never observed any touching or. holding hands bet\,,een the two. Ee has no!observed lhe two in anyhhing oLher than a professionat Eetting or groupsoclal setting with a nunber of orher officers anal chief6.
e. I ihLerviewed thenoted that clrc and spend aalEo i,rhile they wexe in Avondalenas on rvatch at the quarterdeck,
lot of time logether \rhile on the ship andat the PCU. Ile nored tiro occasions when heand observed lhe two arriviDg at lhe brow
noted unduly faniliari behawioi between Ehenearly simultaneously.two during a barbecue insilting togethe! on rhecMC' s pockets, apparenrlythe level of confort anil
Avondale. The two deparred the group and wereEailgate of a pickup truck. reached into t} ereaching for keys, an act lhar he betiewes exceedsfandfiaxity expecred bebween an officer and a chief
was approached by some juniorf. I inlervieved rhe
pef,ception of frat:ef,nizaLion betweenThe perceived !elacionship berweenconmand and the command ctinare because
in lhe department and subsequenrly Epoke roand l:he CltC in the Spring of 2o1o
and CUC denigrated the chain ofersomel f e1t uabl e t6
approach the CMC about an issue since it was tikelv rharEpoken to him. rlso noEed that appeared to bave wery ferconnectionE with the officers in rhe waratroom, and tenaled ro spend a tot oftime with the CpOs whiLe in Avondate, r.A.
q. I interyie\,red the, lrho is CMC'S roonmatse on USS NE{ YORK-
noticed that the cMC spent more tsime wirh than any other officer;if lhe CMC was not in his own office. he could usually
office. In November 2009be found around the
was approached bysoEreone in the crew (he coufd nor recall whom) abouh Ehe amounr of lime cMcand spenE togethex. appxoached CljC abour tshe concerns anddiscussed the need fox boundaries between rhe officers and cbiefs ro ensuie
approached by , comnand Managemenr Equal opporruniry(CMEO) advocate, noting lhaL junior personnel reportsed having seen CMC and
in toun togeLher at a restsaurants in Earle, N,f . retayed that.he had nots heard abouh lhar jnstance, buts had atready spoken to CMC and ifanything else was brought up, he would bring the issue Lo lhe Conllllandi]lgOfficer,s attsention. Nothing else of note had been brought roatt.ention. so he never spoke ro the CO abouL lhe issue.
theie is no perceprion of improprietsy. A few days larer
h. I intervi ewed /opportsudity (CMEO) advocaLe.
., Ehe Command Managelent Equal. f,irsL became aware of a percepLion
of an unduly familiar relationship between CMC and in May 2009. Arthat !ime, it was noreal by severat junior person]]et rhar rbe rwo lrereconstanlIy logether, both on rhe ship and around rhe buitding where rhe
rnajorily of ofticers and chiefs resided while in Avondale, LA. .- aLsoreceived a numbex of reporls from junior officers. Over the past 1.5 monthetshe reports have lul1ed and 6urged, with reports being made as frequently agevery week. Reporta range from a peiception of preferenlial tsreatmenc !obeing seen i.n a car wltsh an arrn arornd the other,s shoulder or beiBg Been outsin Lovn logether at a bar or restauran!. One even! that produced a numbet ofrepo!t.6 vras tshat CMC and wele at a bar togelher in New York CiCyfollowing c:na 5 of tl _- .l.l Series in Noveniber 2009. After a runiber ofrePorls, *,__ . oenforcing boundaries to CMC.----- :- rhe nFL
-d tsh{- ,--,es, in February 2010. lt?-e later, -hab rhe situation had been dealt with and thah cMc and
been counseled- uss NEw v^n" conducied a Connanil Climate Survey thatcompleled i! April 2oLo. _ provided the prelininary lesufls of theEo the co and xo in early May 2010, which revealed chat- lhere was sone
between cMc and a rs one of those icens.
vho relayed his previous convereation ofAf*-- the 2OO9 holidays, !he*. -.-r iForhet
- i approached the fornertsold by
had
the close retatlonship between lhe cMc and sheprovided a Plan of Actior ard !4itescones {POA&M) tr Ehe Co to addresE anumber of isEues,/concerns broughE co light in r:he surwey. There r,rere a felttshings thae were excluded fron Ehe POA5.r'I because the Co said he would handletho6e igsueE personalfv - the concems about an inappropriate relaEionship
sinee Ausust 2oo' rs the combat sysLems off,icer (cso). In early 2010, \tbileeerving a€ cso, --- heard runors of a relalionshitri betweer CMC and
i.. I interl.i.ewed thebeen tbe actirlg --- iirrce 02 August 2010.
cMc spent more Eine with than lritsh other ofticers, but
. l,ho hashas been on Che ship
b\rE did not observe anyhhing firsEhand and did noe think the iEsue wascredibte enough go bring !o the attention of the Xo or CO. lle noticed that
stsruggling as a \{eaker - iand souqht out qui"--ce that CMC lvae
*irring to provide . ouriirs his tnirrov- tver wich ;he f o'm:r
rras briefed on tshe lesults ot lhe Command Climate Survey to i-nclude lheconcerns abou! a relatsionBhip between tshe CMC and a i however, heassr.med that ii: had alleady been addressed and taken care of by the forner
j . r interviewed : *
livision chief. she haal hear.d norumors of an inappropriate refat ionship'between the cMc and oor hadshe obsert/ed anything unloward. The tsimes cMC andtogetsher on tshe ship lhey vrere discussing lrork-related isEues, specificallyper.soDnel issues and depar.tmental l-eadership challenges. lssue6 in i ,Sdepartment over the pasts 15 moni:hs incL\rde a severe vehicle wreck in' -
Avonda]e, LA; deparlmentsal growih and keeping families tsogether while inAvondale, IJA; personnel showing up late for nork due to insufficienttsransporlatlon; sailors being sent on Indlvidual Augmen! (tAi assignnen!,over-stsressed j'mior Sailors, a Eevere car \,rreck involving the death of a
sailor in Nover,-oer 2009; and the ,)eing diagno6ed itilhcance!. -,-- did not notice any adwerse effects of CMC anddiscuEsion€ on tshe Chief's Mess, lepartmenh, or che overall command-
k. I intervietred , division chief, who had hearitrumors of an improper relationship bet.ween CMC and He had nofirsthand knowlerlge of anything untoward. noted that CMC and
spend a IoL of tsime batking and that t:here l! d perception that CMC
will tel] everything and vice versa. For instance, there have beentshings said in a Chief,s meeling that wexe immediately knolvn to andthere have been lbings said during a epartment leaderghlp meetingthat were immediately known to CMC. This has caused eo watch rhat hesays around ) and C!lC. Over the past few monehs hhe rumors ot aninappropriate relationship have decreased.
1. I int.erviewed the ' ,-,--, who firstbecane aware of a polenLial issue fr:om the CMEo in February 2010. The CMEO
relayed that she had received reporcs rhar the cMC andtoo nuch tine tsogether lvhi]e on the ship, and a few rumoxs Ehat they lrereseen together in New York City. There was norhing specific lhat caused
to lend credence co a fraternization allegatioo; he viewed the issue asa misgujded perception of male-female relalionships. Folfowing thediEcussion with cl.{Eo/ counseled abouts lhe perception offraEej.nization a$d reinforced professional relationEhips among the officers
conducted shortly after che and cMC had been counseled, the CO believedthat the coll!:nents were just held over flon a previous perception.received no other indicacion that thele was sci1l an issue. lle fett that hehad taken appropriate acEion by counseling the individuals and tha! the iesuewas resotwed. characterizee lhe relationshiD between CUC and
also diiected the . to counsel CMC onr watched more closely forthe lssue. Following the counseliog,
anytbing lhat may be perceived as fraternization between cMC anddld not obse!'ve anything inproper. A couple nontbs taler the Connand ClimaheSurvey lras conducted and the results were briefed to the Co and xo and by tsheCMEo in May 2010. Two of the hand written comments addressed the perceivedfraternization between the cMc and a . Since the survey was
as a mentor-mentored relationsbip; is one of Ehe weaker t
' whose Personal(3). adnii:ted that her relationshipa professional relalionship between an
who is below averase a!' leadership and interpersonal relationshipssince she is oftsen unable to relate to her peers and subordinatseE. The
depar.tnrent chiefs are also not the strongest leaders. so it oas viewedas a win-\rin to have CMC nore lnvolved in since he lvas abletso mentor the chiefs in the departsments and provide valuable leadership
m- I i ntervi e0ed ]:h.a
stsatsemenh ie included as enclosurewilh CMC oversbepped Lhe bounds ofofficer and a chief.
n. I interviewed the Command Masler Chief, CMDCM(SW) Roberl Stockfin,whose personal statement is included as encLosure (4) . cMC admilted thats hisrelationship witsh overscepped the bounds of a professional relationshipbetween a chief and ar offider
CMC and , as a result of spending an inordinate amounh of lime together,2. Surnnary of events. Runor6 of an inappropriate relationship betneen the
began to circulale in vSS NEW YORK (LPD 21) \,,hi]e the ship was in the yardBin Avondale, LA from May ho October 2009. Before the cren moved aboard theship, lhe chiefs and officers largely resided in t'he same building and heLdi{eekly barbecues. a'rd cMc were reqular altendees at these barbecues,buts were always acconpanied by other chiefe artd officers and [ever isofatedtshem6el.ves frorn the group. In Novenber 2009, whiLe lhe ship wae ir1 New YorkCity !or: comnissj.oning, members of the cre\r, to include CMC andatcended Game 5 of Lhe WorLd serles. Following the gaine, Ctr4C andouts to a baii $here other SailorE were also congregating and it lvas nobed ihatthey were hanging-out together. More rumors of an inappropriate relationBhipbetween the CMC and qader circulating after Lhe commisEioning. rhe
discussed the issue oitb cMC. There vras a lu1l in the rumorg over tshe
holiday periodr however, wben the crew reburned in January 2010, lunorsconbinued to circulate and were brought to Ehe attention of the CMEO onceagain. After the CMEo 'F.cived a nwJcer of complaints and concerns, sheapproaehed !h€ .-th the information in February 2010. Ttre andco looked into the issue and found no hard evidence of fraternization andcounseled cltc and on the peiception of fraternizacion in February orMarch 2010. Thele iE no recoid of the counEeling. There was a command
Cllnate Survey conducted 13 April 2OXO and there were lwo conments thatspecificaffy addreEsed an inappropriace relationship between the CMC and a
.. When the reeulls of the survey wete briefed to Lhe \e feltaE Ehough these cormentE sere just hetd over from previouE rumorE so nofurther counseling sas conducted. Allhough CMC and i,tere rnore ana:re ofthe tsime Ehey epenE together on Ehe Ehtp, they continued lo call and texteach oEher daily- rhe lumorE have abated over. tshe paEt fer,t months, and dooEher concerns have been brought up Eo Ehe
opinion6
a. An unduly familiar relationship prejudictal to good order anddiscipline exi6Es between CMDqM (sl'l) Robert stocklin andThe reLationship began on profes6ional terins; however, over Eine, Lhe lwogrew tso be friends aod confidant€, over6tepping the boundB of a profeseionaLrelarionship between an officer and a chief. The fr.equency of dailycommunicahion behween CMC andcloser personal. relationship.
via catls and gext neEsageB infers a much
., verbal reports indicate tshats thequestion. Tbe Commanding Officer should have conducted acounseling, in GiEing, tso document the siEuation.
b. The Comnanding officer thoughL tsha! he deafe witsh lhe sitsuacionappropxiacely through counseLing; however, despire the counsetilrg, tshe cMC
cootinued their inappropliate relationship. Although tshe Coftnandclimatse survey only identsifies lhe CMc as havirg a close relarionship wihh a
inmore formal
c. The close personal relationship between CUC and degj:aded tsheeftectiveness of communication and leadership in 1t. Theeffects of thie refationshipl,rere also obEerved on a comnand-iride tevel, but.!o a lesser deglee,
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RIGHTSI certify ald acknowledge by my signaturc ard initials set forth beiow that, before ihe interviewerrequested a statement ftom me, he wamed me that:
(1) I am suspecred of having conmitred nte followins offense(s)l
vls LJ€."J Yr.,
(2) I have ihe righr ro rcnaiD siletrt; - - - , - - - , - - -
(3) AJIy slatement I do make may be used as evidence against me in rial by coun-martiat, , - -
(4) I have L\e right to consult wilh la$f€r counset prior to any questiorirg. This tawyercounsel may be a civilian la$yer retained by me ai my own expense, a mitilary tawyerappointed to act as my counsel wilhour cost to me, or borh: and -, - - - - - - -
(5) I have fte dght to have such Ierained civilian lawyer and/or appointed milirary lawyerpresent duiing this interview. - - - - - -, - - - - - -,
WAWER OF RIGIITS
I further ceflify and acknowledge tbat I have read the above srarement of my rights and fullyunderstand them, and rhar,.. --- --.
(l) I expressly desire to waive my righr ro remain silenr; - - - - - - -, - - - - - -
(2) I expressly desire ro make a stalement:, -,, - -
(3) I expressly do nordesire to consult with eifier a civilian lawyer rctaireil byme or amilitarylawyerappointedasmycounselwilhoutcosttomepriortoanyquesrioning;_____-_---
(4) I expressly do nor desire to have such lawyerpresent wilh medu ng $is inteNiewi and , _ --
t tt ut I
lf,lease provide any writtel1 comments in the space below. Use additional paper ifneeded..l} -,ALL COI,{'ASI\TS WILL BE PROVIDED TO YOI]R COMMAND EXACTLY AS TIIBY ARE WR]TTEN-
RIGHTSI cefiify and acknowledge by my sigaturc and initials set follh below that, before the interviewer /rcquested a statement from me, he wamed ine thal:
(1) I am suspected of having conrmitted the foliowing offense(s):
{3 ) Any stalemenl I do make may be used a5 evid€nce against me in trial by "our,.*"*n.
- - - - .
(4) I have the right to consult with lawyer counsel pdor to any questionjng. This lawyercounsel may be a civilian lawyer retain€d by me at my own expense, a miliiary la*yerappoinaed to act as my counsel without cost to me, or bo6; ald - - - - - - - - - -
(5) I have the rigbt to have such retained civiljan lawyer and/or appointed military lawyerprese dunng fiis interview. - - -- - - - - - - - - - - -
-----r:l
WAII'ER OF RIGHTS
I flrther certiti and acknowledge that I have read the above statemeDt of my righls and fullyundel.srand lhem, and fiar, - - - - -. - - - --- - - - - -
(1) I expressly desire to waive my right to remain srlent; -- ----------
f2) T exFessl) desiie Lo make a sLrtementl - - -.
(3) I expressly do no! desire to consDlt$rirh eirha acivilian lawyer tetained by me ot amiItary lawyer appoiored a5 my coun sel w, thour cosr to meplior ro any questioning: - - - - -- - .
(4) I expressly do not desile to have such lawyerpresent with lne during this intelview; and - - -
(5) Tbis ackrowledgment and waiver of rights is made fteely and voluntnily by, and withou.any promises ol threats having been made to me or ptessrrle or' €oercion of any kind having been
used againsl me.- -- - - - -
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The statement which appeds on dris page (and the fotlowtg & page(s), all of which are signed by me), is madefrcely and volunarily by me, and without any promises or thrcals having be€n made to me or pressue or coercion ofany kind having been used against me.
'a /tSIGNAIUF.E (ACCUSED/SUSPECT)
SIGNAIUFEII}UERVGWER)-'_.+_'€.':B
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(5) This acknowledgment and waiver ofrights is made fteely and voluntarily by, ard eithourany promises or lheats having been made to me or pressurc or coercion of any kind having beenused againstme.,,-- - - -
sroNATtrRE (ACCUSED/SUSPECT! DATB
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The statemenr which appears on rhis page (and the following <2 page(s), a[ of which are signed by me), rs maatefteely and voluntarily by me, and without any promises or threats having been made to me or pressue or coercion ofany kind having been used against me.
SICNATi]'RE (ACCUSED/SUS?ECD
lnterview of the ' rs advised of her ri8hts pertaining
to being suspected of fratern izatio n with ClvlDCM {5W)Robert Stocklin. She characterized her
relationship with the CMC as a professional relationship in which she looked to him for senior enlisted
Suidance and mentorship, especially while the a _ .Juas aealing with being diagnosed
:r in April 2009 and going to a number of associated appointments throughout the year
leadership in th( )epartment. She acknowledged that the relationship developed beyond purely
professional and became a close friendship, but denied any sexual contact. The two often discussed
work-related issues over coffee onthe ship either in the!|=F. _.-_rortheCMC'soffjce. During
these discussions the door was always open and they were separated by physical space and/or a desk.
There have been a number of issues in . .__ ._,:.!....Jlhat caused ' :o seek advice from CMC
- serious car wreck invofving {:__ -_
,-- -r in laie l\i;e mber 2009 wlth a death of another NEW
YORK service member. Also, as stated previouslyll . ,,.-- indattending appoints from April 2009 to the present, and the continuous struggle with not having a
consisteht LCPO presence causing r requesting advise and assistance d!ring this. lt was
Although there is an email string that details the planninB of a trip together to Kings Dominion, ' , .
said that shewasjokingend did notgo to Kings Dominion with CMC;she stated thatshe has neverevenbeentoKingsDominion.Anumberofotheremallswerereviewedand-,,.---:knowledgedthattheywere undulyfamiliar, but noted that therewas nothing behind them, merelyfriends bantering.
lJpon reviewin8 phone records ofthe command issled government cell phones,' ,statedthatthevast majorityofthe convercations were professional, however some discussions o€curred regarding' , strained relationship at home.
While the USS NEW YORK (LPD 21) was being built and the crew was living in Avondale, LA, ' and
CMC often socialized with other officers and chiefs at weekly barbecues behind the buitdings where theywere living. While USS NEW YORK was in New York City for commissioning in November 2009, the twoattendedgame6oftheWorldSeries,accompaniedbyapproximately30othercrewmembers.
Following the game, CMC and' ) went outfora beer at a nearby bar where other Sailors were aiso
celebrating. went to CMCS residence in Suffolk, Virginia in April 2010 when invited to a
barbecue; when she arrived, there were only a few other members of the Chlefs mess, so she stayed fora couple drinks and then departed. ' also had coffee with CMC at the Starbucks at the NEX in
Norfolk on two occasions in lanuary 2010. All other contact off the ship was at command events orSports and always with other members ofthe Wardroom, Mess, and/or crew.
wascounseledbytheCommandingOfficer,._ .--.---,,,-,inearly2010regardinBallegationsand the perception ofan inappropriate relationship between her and the CNy'C. Thetoneofthecounseling was that the perception of frate rn i2ation exists and that needs to cease. No record ofthe
was more aware ofthe time spent
at Portsmouth Naval Medical Center, Norfolk and in New Orleans, LA in late Summer and associated
follow-up appointments that continue to date at Portsmouth Naval Medical Center that impacted the
counseling was provided to I Following the counselinB,
-//n ? 1) (--
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SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT EE JAGMAN O17O
FUIL NAME (ACCUSED/SUSPECI)'t--+ru "-ASITWTruNIT
tjss r'.!a., \b*u
SoLeL *fI-OCATION OF INIERVIIW
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RIGITTSI certiry and achrowledge by my signature altd iniiials set forth below that, before the inten'iewerrequested a stalement from me, he wamed me ttrat:
(l) I am suspected ofhaviDs coErritted fie followins offense(s):
12) I have the righr lo remain silenr. - - ------
(3) Any statement I do make may be used as evidence against Ele in tdat by cowt-mafiial, - - _ -
(4) I have the right to consulx with lawyer counsel pdor to any questioning. This lawyercounsel may be a civilia! lawyer retained by me at my own expense, a military lawyerappointed to act as my colnsel without cost to me, or bothi and -
(5) I have the dght to have such retained civilian lawyer a#/or appointed military lawyerpresent during lhis interview. - - - - - - -- ---- --
WAIVER OF RIGHTS
I ftrther certify and acknowledge that I have read the above stalement of my rights arrd fullyunderstand tfiem, and thal - - - - - - - - - - -
(l) I expressly desie to waive my righ! io remain silent;' - - '' - - - - - - - - -
f2) I expressly desle to lnale a qlatemenl -
(3) I expressly do not desire to coDsult with either a civilian la[yer rctained by me or amilitarylawyerappointedasmycounselwithoutcosttomepriortoanyquesdoning;----------
(4) I expressly do Dot desire !o have such lawyet present wirh me during this iDterview; and - , --
RIGHTSI c€rtify and acklowledge by my signafi[e and iDitials set forth below that, before the interviewerrequested a statement from mq he wamed me that:
(l) I an suspected of haviDg corunitled the follo$/ing offerse(s):
(2) I ha\e $e flght ro 'emain silenr: - .
(3) Any staternenr I do make may be used as evidence against me in trial by court-maitial, - - - - -
(4) I have &e right to consult with lawyer cows€l prior to any questioning. This lawrercounsel may be a civilian lawyer retained by me at my own expense, a rnililary lawyerappoinied to act as my counsel without cost to me, or bothi and - -
(5) I have lhe right to have such retained civilian lawyer andor appointed military lawyerpresenrduring rhis jnre iew.- - -------
WAIVER OF RIGHTS
I firrther cerli& and acknowledge that I have rcad the above statement of my rights and fullyDndeNtand them, and that, - - - - - - - -- - - - - - - - -
(1) I exprcssiy desire to waive my right to rcmain silent; - - - - - -,, -
(2) I expressly desire ro mate a stakment: - - - - - -
(3) I expressly do notdesire to consult with either a civilian la$yer rerained by me or amilitarylawyerappointedasmycounselwithou!costtomepriortoanyquestioning;---------,
(4) I expressly do not desire to have such lawyer present with me du ng tbis i erview; and - - .-
I
(5) This acknowledgmenr and waiver ofdght! is rDade fteely and volunlarily by, and withoutany Fomises or threals having been made to me or Fessue or coercion of any kind having beellIsed ag"incrme---. .. --. -.
,6
The srarement w-ttrfiEFears otr thrs page (ard the folowing _ page(s), all of which are signed by me), is madefre€ly and voluntarily by me, aod without any promisss or rhrcars having been made !o me or pressure ot coercion ofany kind having been used against me.
------------:---SIGNATIJRE (ACCUSED/SUSPECIT--\
Interview of Conmand Master Chiel cMDCM (sW) Robert stocklin: CMDCM {SW) Stocklin was advised
of his rights pertaining to being suspected offraternization with ' 'le characterized his
relationship with . . , asserving as a soundinB board for r during the sianding up ofthe crew.
They were both part ofthe nucleus crew that stood up the ship ahd the XO at the time was perceived as
a bit hard to relate to. As such, the sought advice and mentorship from CMC. Over time the
relationship developed into a friendsh'p that overstepped the hnllnds nf professionalism between a
and command master chief, but there was no phvsical aspect to the relationship,
Whilethe UsS NEWYoRK (LPD 21)was being builtand the crew was living in Avondale, LA, and
cMCoften socialized with other officers and chiefs at weekly barbecues behind the buildings where they
were living, While USS NEW YORK was in New York City for commissioning in November 2009, the two
attended game 7 ofthe World Series, accompanied by approximately 30 other crewmembers.
Followint the game, CMC ahd J went out for a beer at a nearby barwhere other saildrs were also
celebraling. cMc drove , to her house following an underway period after most other folks had
left the ship and there was no one else available to get' . . to her car. AII other contact offthe ship
was at or after events or sports with other members of the Wardroom, Mess, and/or crew.
CMC was counseled bythe forme .!. tr, February(?) 2010 l_e*l:[l-gallegations and the perception of an inappropriate relationship between him and the ' gThe tone ofthe counseling was thatthe perception of frate rnization exists and that it needs to cease.
No record of the counseling was provided to CMC. FollowlnB the counseling, CMC was morq aware ofthe time spent talking to ._ / while on board USS NEW YORK a nd the perception of such
conversations; however, phone conversations and text messages continued. CMC rationalized that
misperception could not be attached to phone calls.
There is a picture of a person asleep on a couch set as the contact icon for , on CMC'S command
issued cellphone. The picture isnotof' ,,butCMCthoughtitwasironictosetitastheiconsincehe could not ima8ine ' ,.inthatstate.sincesheisalwaysonthego..,....,,,.,.J.,.........--....,.-..,, -,
At no time did CMC have any indication that his relationship with ' was adversely affecting the
Mess, theWardroom, orthe ship.
CMC is concerned about sullyinB the reputation ofthe ship. He has a great pride in the Navy and ln the
USS NEW YORK and does not want any bad light cast on either as a result of his misjudgement.
This statement was prepared b! ---.,conversations.
edited by me, and is an accurate reflectlon of our
cMDCM{SW), USN
(5) This achowledgment aIId waiver of righls is made freely and voluntarily by, and wiaholtany Fomises or tlueats having been made to me or pressrue or coercion of any kind haviog beenused agaiDst me.- - - - -- - - - -
, --)
3fta6-rosIGNAruRr2'frxE :
3/ frl,(C(O
The slatement which appears on this page (and the fouowing _ page(s), all of which are signed by me), is madefteely and voluntarily by me, and withour any promiscs or rhreats having been made ro me or pressue or coercion ofany kind havirg been used against me.