Charles Gittins Reclama to SecNav Dalton on 'The Stumpf Affair'
by
Charles W. Gittins
      Attorney for Captain Stumpf
13 August 2003

John Howland
USNA-Chicago
Chapter Communications
USNA Alumni Association

Dear Mr. Howland:

       I was recently forwarded a copy of former-Secretary Dalton's Statement in Response to RADM Hill's Paper, "The Stumpf Affair."  I write because after reading his provably false screed, I believe it my duty to Bob Stumpf, to the Navy and to my fellow USNA Alums to correct the record.


       First, the record of the Department of Defense Inspector General did not 'document instances of misconduct on Captain Stumpf's part.'  Rather the Department of Defense Inspector General Investigation contained evidence that suggested it was possible that Commander Stumpf had witnessed a sexual act performed by a stripper on a young Ensign.  No conclusions could be reached because the evidence was sketchy and the investigators had not actually investigated any misconduct by CDR Stumpf.  Bob's name came up in another officer's statement who admitted to being present when an immoral act was performed on a young Ensign by a female stripper.  The DoDIG report indicated a need for further investigation, which was conducted only much later in an adversarial Board of Inquiry.


       Before any additional investigation was undertaken by any agency or by the Tailhook Consolidated Disposition Authority, Admiral J.P. Reason, USN, Admiral Reason's SJA offered Commander Stumpf Non-judicial Punishment ('NJP') under Article 15, UCMJ.  Commander Stumpf demanded a trial by court-martial in order to clear his name.  However, rather than convene a court-martial, where the standard of proof for the Government would be 'beyond a reasonable doubt,' Admiral Reason instead chose to convene a Board of Inquiry (a slightly less formal proceeding than a full-blown Court of Inquiry).  Importantly, the standard of proof at a Board of Inquiry is proof by a 'preponderance of the evidence,' considerably 'lowering the bar' for the Navy from the beyond a reasonable doubt standard.


       Second, after a week-long hearing at NOB Norfolk, the Board of Inquiry which was headed by then-Rear Admiral Archie Clemins, USN (purposefully with no Naval Aviator membership) concluded unanimously that Commander Stumpf had committed no misconduct at the Tailhook Symposium.  Further, they recommended unanimously, that Commander Stump be 'immediately' returned to command of the Navy Flight Demonstration Squadron ('Blue Angels'), from which command he had been suspended pending the investigation. 


       Admiral Reason, without ever meeting with Commander Stumpf or reviewing the record, recommended to the Secretary that Commander Stumpf be censured.  Following this recommendation, Commander Stumpf met at length with both the Vice Chief of Naval Operations and the Secretary of the Navy.  They both independently concluded Commander Stumpf committed no misconduct.  Indeed, following that meeting Secretary Dalton reaffirmed his conclusion that Commander Stumpf not only was qualified for promotion but that 'he should be promoted.'  Secretary Dalton's personal conclusion is a matter of record and is documented in the record of the BCNR proceedings.  Moreover, shortly after this meeting, Commander Stumpf was returned to the command of the Blue Angels and flew as Blue Angel #1 for the full following flight demonstration season.


       Notwithstanding his personal conclusion as to Commander Stumpf's qualifications for promotion, Secretary Dalton acceded to Senator Nunn's pressure to remove Commander Stumpf from the promotion list, with a threat that if Commander Stumpf was promoted it would effect other Navy promotions for Flag Officers awaiting confirmation by the Senate.  The removal was effected on December 6, 1994.


       Third, Contrary to Secretary Dalton's assertion, the Board that met the following January to consider Bob for promotion again, this time as a once failed selection Commander, considered a complete record of the promotion removal, which had been fully documented in Commander Stumpf's Official Military Personnel File.  Indeed, I have in my possession the correspondence from the Chief of Naval Personnel notifying Commander Stumpf that the adverse material would be placed before the promotion board and providing Commander Stumpf the opportunity, as required by U.S. Navy Regulations, to comment thereon.  Commander Stumpf provided a written submission to the Promotion Board, which was obliged to consider it.  Commander Stumpf was not promoted because the Board was not aware of the prior removal as stated by Mr. Dalton; rather, he was promoted in spite of Secretary Dalton's prior action.  In short, the promotion Board correctly thumbed their collective noses at Secretary Dalton -- and for apparently good reason.


       Commander Stumpf exercised his rights throughout the process.  He provided a sworn Declaration to the NCIS following his attendance at the Tailhook Symposium, denying both that he committed any misconduct or that he witnessed any misconduct by any member of the Naval service.  He demanded a trial by court-martial and was prepared to give his sworn testimony to that court -- where it really mattered.  The Navy was well aware that Bob would be acquitted in such a trial and chose, instead, to pursue avenues that provided the least possible due process to Commander Stumpf.  Every investigation that actually looked at Bob Stumpf's conduct at Tailhook concluded 'No Misconduct,' including personal reviews of the evidence by both Mr. Dalton and the Vice Chief of Naval Operations.  Importantly in this regard, Secretary Dalton, in testimony before the Senate Armed Services Committee, and in response to sharp questioning by Senator McCain, reiterated on March 16, 1996 Commander Stumpf's clear qualifications for promotion and re-affirmed even then that he supported Commander Stumpf's promotion.

       The 'fresh look' to which Secretary Dalton refers was nothing more than a transparent effort to wear down Commander Stumpf and cause him to give up the fight.  The investigator questioned Commander Stumpf's flight hours; cross-country flight time; matters relating to Commander Stumpf's mode of travel to the Tailhook Symposium, but never asked a single question relating to the incident involving the young Ensign at Tailhook.  The fresh look was designed to waste Bob's time and try his patience and it achieved Mr. Dalton's goal of removing the Stumpf case from the public view with Bob's retirement in disgust. 


       Commander Stumpf rightly identified the political climate and decided to pursue his promotion after Secretary Dalton left office -- with the effect that the record clearly demonstrated what Dalton apparently was unable to see -- Commander Stumpf was a superior Naval Officer who was destined for Flag rank and who happened to be in Las Vegas on the wrong Saturday night.  Bob's retirement was not CAPTAIN Stumpf's loss, it was the Navy's.  A short sighted and political hack denied the Navy the services of a true combat leader.  Secretary Dalton's efforts to mislead the Navy and the public rightly must not go unchallenged lest politics and improper influence interfere with military judgments on fitness for promotion in the future.   



                                                                                                Return to:


               Home                 The Bob Stumpf Affair                    Mark Hill Corner               Senator Grassley and RADM Hill


                                            The Annapolization of America                                SecNav Dalton's Rebuttal to RADM Hill