Rachel E. Bennett
9910 Carbine Trail
Cheyenne, WY 82009
(307)-286-6857
Cynthia M. Lummis
Congress of the United States - Wyoming
Cheyenne District Office
2120 Capitol Avenue
Suite 8005
Cheyenne, WY 82001
19 March 2012
To Whom It May Concern,
I am writing to address a very grave concern of abuse of authority and mismanagement of personnel practices.
My name is Rachel Bennett, I am a squadron commander and the Director of Personnel within the 153d Airlift Wing of the Wyoming Air National Guard.
I am a dual status federal technician, GS-12 step 6, Major.
I was commissioned from the ROTC program at the University of Michigan Ann Arbor and have honorably served for 14.5 years.
I have served overseas and am a veteran of foreign war.
The military officers associated with this concern are: Lt Col Pete Linde, Colonel Shelley Campbell, Brigadier General Harold Reed, and Brigadier General Donald Haught.
As of today, Colonel Brian Spino, special investigator of the Secretary of the Air Force Inspector General’s office, has two active complaints related to this issue.
The first complaint was initiated at an unknown time previously by (Retired) Lt Col Ronald LoPorto. I did not know of his complaint for many months, nor was I privy to the specific allegations in his complaint, nor should I be.
It is only recently that I learned of the extent of his complaint, and I learned the details directly from Ronald LoPorto.
His complaint: during the months leading up to his required retirement at age 60 (2010), he learned that he fell under a provision by National Guard Bureau in which he could remain in service in the Air National Guard for an additional two years beyond age 60 years old.
When he learned of this allowance, he requested to revoke his previously submitted retirement application and remain in service for the allowable two additional years.
He was denied this request by his supervisor, Chief of the Joint Staff, Colonel Shelley Campbell.
Mr. LoPorto was a certified Personnel Officer, and was aware that if a valid vacancy existed that matched his military grade (Lt Col) and Air Force Specialty Code (AFSC) that he would be permitted to remain.
Such a vacancy did exist in 2010, the Force Support Squadron Commander position was vacant.
I was placed in the Force Support Squadron in December of 2008 by way of a management directed move. I had previously been employed in the Human Resource Office at the Joint Force HQ of the Wyoming National Guard and was told I was moved to accommodate backfill of the officer role in the Force Support Squadron due to the deployment of the, then, commander, Major Nicole Chavez.
I was placed as the Officer In Charge (OIC) and was told I was NOT the commander, nor did I have any command authority.
I departed for maternity leave around the same time that Major Chavez returned from her deployment ( August of 2009) and was verbally advised I would return to the HRO when I came back from maternity leave.
In October of 2009, my supervisor (Retired) Colonel Debbie Henson advised that I would NOT be returning to the HRO, and would remain as the OIC in the Force Support Squadron.
Major Chavez was moved by way of a management directed move to the Logistics and Readiness Squadron as the Commander.
I remained the OIC until July of 2010, at which time I was advised by my supervisor (current Mission Support Group Commander, Lt Col Peter Linde), that he was going to put me in the position as the commander to “accommodate” for the upcoming Unit Compliance Inspection (scheduled/completed in August of 2010).
I was also called by the Chief of the Joint Staff, Colonel Shelley Campbell, and told that she didn’t want Lt Col LoPorto to remain in the National Guard, and that she was supporting the decision by Lt Col Linde, and she reminded me that the “commander can do whatever he wants,” related to appointment of commanders.
At that time, and currently, the proper procedure for appointment of commander would be: advertisement of the position for at least 30 days, and over one Unit Training Assembly. An interview panel would convene, and a selection would follow the interview process to hire a commander.
Due to the fact that Campbell and Linde were deviating from established personnel practices, Linde generated an Exception to Policy memorandum to advise the purpose for the deviation from established guidelines/requirements.
His letter (attached), contains false information. This position was not advertised as indicated.
This, in and of itself, was not a “problem” at the time, as LoPorto was leaving and I believe his supervisor, (Campbell) was somewhat happy to have him retire as their “relationship” (for lack of a better word) was very tumultuous. LoPorto was known to be a stickler for following the rules, as am I, and this did not bode well for him in his career within the Wyoming Air National Guard. (Consequently is not fairing well for me either.)
Following established rules, policies and procedures can be somewhat “foggy” here - as commanders are frequently permitted to submit Exception to Policy letters for various reasons, deviating from established practices often.
LoPorto frequently raised concerns over the fairness of such actions. His commitment to follow established directives did maintain a fairness and unbiased that was not necessarily the “norm” in Wyoming. I think he was perceived as a “boat rocker” by his supervisory chain. I do know he suffered serious health issues related to stress in his final months prior to retirement.
After his retirement, LoPorto filed a formal complaint with The Office of the Inspector General, and it was elevated to the Secretary of the Air Force IG office due to the implication that Brigadier General Donald Haught had orchestrated the action to put me into a commander position only to prevent LoPorto from remaining in service.
From July of 2010, thru January of 2011 I remained as the commander but was told by Linde and Campbell that I was not “really” the commander. I didn’t really understand at the time why they would do that or say that.
The FSS Commander position was advertised in February of 2011 and in March of 2011 I interviewed and was selected as the commander, “officially.”
I asked Linde directly after my appointment about his intent to submit me for promotion to Lt Col. By that time I had been working in the Force Support Squadron as OIC and Commander (unofficially) for over two years.
Linde advised me that the current requirements dictated the I wait six months after being appointed as commander before I could be considered for promotion.
I did not understand this, as I had been appointed as the commander for the previous six months, and he told me that it wasn’t “real”, so I would have to wait six months form the current date.
I do not believe they (Linde, Campbell, Haught) expected LoPorto would file a formal complaint, or that if he did, that it would be taken seriously.
Colonel Brian Spino, SAF/IG investigator (Pentagon) has been investigating this complaint since July of 2011.
He has made several calls to members of the Force Support Squadron requesting information, and although I knew of his investigation, I did not know specific allegations.
Most recently, Colonel Spino made contact with Msgt Denise Hondel of my squadron (153 FSS)- (during the week of 16 January 2012). His contact with her caused her visible stress. So much stress in fact, that she had a severe panic attack in January related to his inquiry.
She claimed, though, that her stress was due to a counseling session from me in which she was asked about duties she refused to do and she had indicated she openly lied to me.
On 19 January I asked her supervisor [SMSgt Craig Helart] to sit down with me and MSgt Denise Hondel to inquire about her recent , unusual behavior. I was most concerned over what was causing her so much distress, and only after asking this (19 Jan) on three occasions, did I learn that it was related to the questions posed to her [Hondel] by Colonel Spino.
I never learned the specific reason, but I was told it was due to the IG investigation.
On 20 January, though, I was advised by Linde that Hondel filed a complaint against me. Linde further advised that he was “stifling” her formal complaint and conducting his own internal investigation.
In retrospect, this was actually the launch of a very elaborate scheme in which I would be the primary person blamed for the mismanagement of personnel practices that stopped Mr. LoPorto from remaining in service.
Linde did begin his own “investigation”, but followed none of the required practices of a normal Command Directed Inquiry. He appointed himself as the Investigating Officer, never disclosed the allegations, and never produced any formal findings. Nothing was ever produced in writing that I was aware of.
He interviewed me, my Chief (Milissa Fowler), SMSgt Craig Helart and MSgt Denise Hondel. His only focus, though, was on the climate of my squadron. Which was confusing to me, as I had been the officer in charge/or commander for over three years, and through two climate assessments and a host of feedbacks, over three years and three months I was given glowing reviews by my subordinates and superiors.
He was very determined to meet with Hondel on a weekly basis. I believe to exhibit some kind of pressure on her related to something about the ongoing IG investigation pertaining to LoPorto.
From 20 January until 1 March, Linde continually pressed me to “get a handle” on my people and to take harsh actions. I was not comfortable with this and didn’t really know why he was asking me to do this. He said my squadron was forming a mutiny against me and I needed to stop it.
The trust level in my squadron diminished almost over night.
On 1 March I counseled my Chief Master Sergeant (Milissa Fowler) for failure to do required duties in her job. On 2 March, she met with Linde and filed some kind of complaint against me (as advised to me by Linde). I was never presented with the allegations, and nothing has ever been presented to me in writing.
Linde again advised me that he would be conducting his own internal investigation.
On 2 March, both he and the Wing Commander, Colonel Steve Rader, advised my entire squadron of “problems” and told them a large inquiry would be conducted based on concerns from within the squadron.
It started with Linde again appointing himself as the Investigating Officer (IO). I was not told the allegations.
On 3 March, I was approached by the JAG, Lt Col Chris Smith and told that “grave” allegations had come forth and that Linde and Rader had been implicated with me. I asked him “related to what?” He said he did not know, but that it was serious. Due to the level of implications (Wing Commander level), the Chief of Staff for the Colorado ANG, Colonel Lauren Johnson would be the IO.
On 4 March I was directed to meet with Johnson to begin the investigation.
In my first meeting with Johnson, he did not advise me of any allegations, nor did I have any reference about what the complaint would be.
Johnson asked me many questions about being a mother and commander, about being pregnant for two years, maternity leave, about my mental health, about what I knew of my appointment as a commander and asked me to produce documents to defend myself. I told him I didn’t know what I was defending myself against, and he simply acknowledged I didn’t have anything to defend myself with. He advised that ALL proceedings were orchestrated by Brigadier General Haught.
(This deviated from information from Lt Col Chris Smith, in which told me and my attorney that Brigadier General Harold Reed had orchestrated the investigation.)
I had (at that point) retained an attorney, Mr. Robert Moxley, and he was witness to these proceedings. In addition, a paralegal taped the proceedings.
I perceived, overall, that Johnson was making some connection between my mental state and my ability to do my job, but was not sure of the connection of the questions and the climate in my squadron.
I have also obtained assistance from Lt Col Darrell Fun, Area Defense Counsel, Wyoming ANG.
I had not realized this situation was grave or as inappropriate as it was, but worked to locate documents that reflect appointment to commander position and the exception to policy letter, processed through the Chief of the Joint Staff, Colonel Shelley Campbell. Armed with those, I submitted a formal complaint to Lt Col Kelly Slaven, State Inspector General, Wyoming on 12 March 2012.
When I discovered the Exception to Policy letter, signed by Linde, I noticed the first false statement. [It states the position was advertised with a “non-selection”, this is untrue. It was never advertised.]
Slaven (State IG) refused to take my complaint. He demanded to know if I was recording him and would not speak to me until he had a witness.
He finally, reluctantly took my complaint, but only after I told him I had been in contact with Colonel Spino at the Pentagon. Slaven was visibility shaking when he took the documents from me.
I am unsure, but I think my submission of this information, stopped the elaborate CDI that had already begun, and that Johnson then had to shift gears and develop some kind of path to seem to be investigating.
On 15 March I had my second meeting with Johnson, and he concluded with reading me my rights and telling me that I had violated the UCMJ because I had my squadron do “hands on” training before they did CBT training.
The ADC [Fun] believes this charge is and was bogus. I had not been given anything in writing, nor was a specific article of the UCMJ cited.
On 12 March I learned (by calling National Guard Bureau) that my promotion paperwork that had been submitted in November of 2011 had been revoked on 5 March by Lt Col Linde.
On 14 March Linde requested to meet with me and told me that General Reed “made him” revoke my promotion, and he then suggested that if I were more agreeable, things might change.
He also stated, “I know. There is no reason to revoke your promotion, but I do what I am told to do. And when General Reed tells me to do something, I salute smartly and do it.”
Nobody is talking to me, and every attempt I make to use formal processes are denied.
The State Equal Employment manager, Charles Olivas, has lied to me about information he has shared and he has purposely misdirected me to sign a form that may not be required for an informal EEO complaint.
I have been given no advisement in writing about my promotion paperwork and I have never received a bad appraisal.
The Military Equal Employment Office (MEO) has denied me an ability to file a complaint through their office, citing they have been put on a witness list against me and it would be a conflict of interest. (Captain Mike Knipper is the MEO officer, stated this to me on 16 March via phone conversation.)
The ADC [Fun] informed me this is an abuse of authority and advised I file an IG complaint on 19 March related to this.
I have consulted with an additional attorney from Denver, Mr. Greg Hall, an EEO specialist and have learned that he believes this is one of the “scariest” places he has ever heard of to work within.
Since I have not been given anything in writing pertaining to any of these items, I am unable to know why my promotion was revoked, or why I was not advised at the time that it occurred.
Linde has advised me (witness Chief Master Sergeant Tom Loftin) that he was going to “fix” my personnel record and record counseling sessions that have not occurred. I have never been formally counseled by Linde related to performance or anything else.
I have been working to assemble some sense of “normalcy” in my squadron, but I believe they have been questioned about me in a leading manner by Johnson and it has disrupted the squadron so badly, people are truly living in fear.
I have spoken to Colonel Spino, and he stated that the actions in themselves may not have resulted in such a “bad thing” [administrative actions/oversight], but that the attempt to hinder an ongoing IG investigation is an egregious violation.
Lt Col Linde has continued to press me to take personnel actions that he should not press a squadron commander to do, and when I respectfully ask him if he will clarify his requirements in writing, he gets angry and will not do so.
I am working every day, and maintaining as much professionalism as an officer should project. I must say, though, that all of these things are inexplicable to me, and have caused me my family great hardship.
Linde told me that a recommendation will complete the CDI being conducted by Johnson, and that Linde himself would like to ask to work the recommendation once it is finalized.
I asked him on 14 March how he could possibly be the manager of such a recommendation when he was also implicated in something {as advised by Lt Col Chris Smith, JAG on 3 March}. He had no response.
I am unsure if there has been a desire to terminate my employment from within my supervisory chain, but I have served in the Air Force and Air National Guard for 14.5 years. I have been recognized as officer of the year for this great state and with the Wyoming Air National Guard (2005).