U. S. Rep. Joe Sestak (D-7th Dist.) announced last week that the Navy has taken further action in its investigation of alleged abuse suffered by a gay sailor.
Chief of Naval Operations Gary Roughead informed Sestak Jan. 14 that the Navy has disciplined numerous other individuals who neglected to properly address ongoing harassment that former Petty Officer Joseph Rocha, as well as other sailors, suffered.
Rocha contends that, shortly after arriving at his station in Bahrain in 2005, his unit chief and others continually hazed him, tying him up, locking him in a cage covered in dog feces and forcing him to simulate sex acts, among other incidents — which Rocha surmises stemmed from his perceived sexual orientation. After an internal investigation prompted by a fellow servicemember, the unit chief, Michael Toussaint, was given a letter of caution, but was later promoted. In 2006, Rocha outed himself and was discharged under “Don’t Ask, Don’t Tell.”
After learning of the case in August, Sestak urged the Navy to launch a new investigation, which it agreed to undertake. In October, Roughead announced that Toussaint would receive a letter of censure and his previous petition to extend his enlistment would be denied, forcing him to retire. At the time, Roughead said the Navy would continue to investigate others who failed to take proper action in the case.
Roughead said this week that he has issued a “letter of counseling” to retired Vice Adm. Robert T. Conway, the former commander who signed off on the 2007 final investigation report. The letter advises that Conway should have taken further action to determine which superiors knew about the incidents and what actions, if any, they took to curb the harassment. Roughead also sent a letter of counseling to Capt. Gary Galloway, the commanding officer of Rocha’s unit, and issued a “personal directive” to all Navy admirals, informing them of their responsibilities in such abuse investigations. Furthermore, the eight members of Rocha’s unit will all receive a direct counseling by the admiral in charge of their command.
“I applaud the CNO’s decision to expand his investigation to include the chain of command that did not overrule their subordinate commanders of inappropriate actions for those implicated of wrongdoing,” Sestak said, noting that the initial investigation uncovered 97 documented incidents of abuse, in regard to Rocha’s and other sailors’ claims.
Sestak said those in charge of the investigation advised junior commanders to handle the situation “as appropriate” — and asserted that the lack of disciplinary action taken against Toussaint and others shows that the junior commanders failed to do so.
He added that higher-ranking commanders should have utilized their authority to intervene, “particularly since the actions involved abusive behavior beyond the bounds of good order and discipline.”
Sestak, the highest-ranking former military officer in Congress, said he doesn’t think the case reflects the Navy as a whole, and that the action taken by the CNO could help to dispel that image.
“Using this case as an example — as the CNO has done in his ‘personal directive’ to all Navy admirals and will also address it in front of all flag officers in an upcoming conference — we will support better transparency and accountability in future cases,” he said. “We will never tolerate — whether in the Navy, other branches of the military or other public institutions — the lack of accountability that occurred in the case of those who committed outrageous behavior, including crimes, or those who did not ensure appropriate punishment for the abuses. If these abuses — which are not, I am certain, reflective of the Navy as a whole — were permitted to pass without full accountability, that speaks most strongly to our current and prospective sailors and their families.”
A paygrade determination board will meet Feb. 4 to discuss at which paygrade Toussaint should retire and will then deliver its recommendation to the Secretary of the Navy, who will make the final decision.
Jen Colletta can be reached at [email protected].