DEPARTMENT OF THE NAVY COMMANDER, NAVALSURFACE GROUP, MIDDLE PACIFIC 850 TICONDEROGASTREET , SUITE 207 JBPHH, HI 96860°5101
5830 Ser NOOJ/ 042 8 Jun 18
From: Commander, Naval Surface Group, Middle Pacific To: File
Subj: COMMAND INVESTIGATION INTO ALLEGATIONS OF MISCONDUCT ICO CDR JEFFREY S. T AMULEVICH, USN, AN USN
Encl: USN, Investigating Officer ltr of I Jun 18 l. I have reviewed the enclosure. The findings of fact, opinions and recommendations of the Investigating Officer are approved.
2. I am satisfied the lnvestigating Officer thoroughly investigated the allegations in a timely manner nnd acted appropriately in accordance with the information presented to him. No further investigation is necessary.
3. I accept Commander, Destroyer Squadron THREE ONE's request to conduct Admiral's Mast for CDR Jeffrey S. Tamulevicht USN.
4. Based on the investigation , and by copy of this letter, Commander, Destroyer Squadron THREE ONE shall review the two most recent HOPPER command climate surveys, identify commonalities between reports where improvement still needs to be made, ensure adequate resources are applied to address these identified areas, and reassess command climate by conducting a command climate survey within 90 days following the commencement of command by the new permanent commanding officer.
5. If there are any questions or concerns, my point of contact i JAGC, USN Staff Jud e Advocate Naval Surface Group , Middle Pacific, who can be reached a-
B. P. FORT
Copy to: (w/o encl) COMDESRON THREE ONE DEPARTMENTOFTHENAVY <"~ MMAN OER OES TRO~ ER SOUADRON THREE. ON!' 1000 NOR TH RO AD STE 228 ( J8PHH HI \16A60 "-ISO
5830 Ser N00/258 7 Jun l8
From: Commander, Destroyer Squadron THREE ONE To: Commander, Naval Surface Group, Middle Pacific
Subj: COMMAND INVESTIGATION INTO ALLEG ICO CDR JEFFREYS. T AMULEVICH, USN, AN USN
Encl: (1) USN, Investigating Officer ltr of l Jun 18
1. I have reviewed enclosure ( 1) . I concur with the findings of fact, opinions, and recommendations of the Investigating Officer.
2. I am satisfied the Investigating Officer thoroughly investigated the allegations in a timely manner and acted appropriately in accordance with the information presented to him. No further investigation is necessary.
3. Based on Recommendation 1 of the enclosure, I respectfully request that you execute Admiral's Mast for CDR Jeffrey S. Tamulevich, USN. I JUN 18
From: USN, Investigating Officer To: Commander, Destroyer Squadron THREE ONE
Subj: COMMAND INVESTIGATION INTO ALLEGATIONS OF MISCONDUCT ICO CDRJEFFREY S. TAMULEVICH, USN, AN USN
Ref: (a) JAG INST 5800.7F (b) Mnnual for Courts-Martial (2016 Ed.) (c) OPNAVINST 5370.2D
Encl: (I) Your ltr 5830 Ser N00/2 (2) Voluntary Statement o USN, of 17 May 18 (3) Voluntary Statement o USN, of 17 May 18 (4) Voluntary Statement o USN, of J 7 May 18 (5) CDR Jeffrey S. Tamulevich, USN, Article 3 l(b) Rights and Summary of Interview of (6)~ USN, Article 3l(b) Rights and Summary of First Interview of (7)-~ USN, Article 31(b) Rights and Summary of Second Interview -~ (8- USN, Article 3 l(b) Rights and Summary of Third Jnterview of 18 May 18 (9) DD Form 2873, Jul 2004 ICO CDR Jeffrey S. Tamule\ ich, USN, of 16 May J 8 (I 0) DD Form 2873, Jul 2004 ICO USN, of J 6 May 18 ( I I) 11 Screen Shots of Evidence Submitted b , USN, on 16 May 18 (12) CNSG MIDPAC SJA ltr 5830 of 16 May 18 ( 13) OPNAV 558019 (Rev.1112006) for CDR Jeffrey S. Tamulevich, USN ( 14) OPNAV 5580/9 (Rev.1112006) for USN (15) NAVPERS 1626/7 (Rev. 12-88) ICO USN, of2l May 16 (16) Summary of Interview fo USN oft7 May 18 ( 17) Summary of Interview fo USN oft 7 May 18 (18) Member Data Summary for~ vich, USN (19) Member Data Summary for...... USN (20) USS HOPPER ltr 5812 DOG 70-ADM/279 of 31 Dec 17 (2l ~ M hr 1610 PERS-32 of3 Jan 18 Jan 18 (22- USN, e-mail of 18 May J 8 (23~nt Emails between CDR Jeffrey S. Tamulcvich, USN, end - USN (24) Selection ofGmail Emails between CDR Jeffrey S. Tamulevich, USN, and ( SN
FOR OFFICIALUSE O~L Y PRIVACYS ENSITIVE· ANY MISUSEOR UNALJTTIORIZl:D DISCLOSURE :O.IAY RESULTI N BOTHCf\'IL ANDCRIMINAL PENAL TI ES
Enclosme (1) Subj: COMMAND INVESTIGATION fNTO ALLEGATIONS OF MISCONDUCT ICO CDR JEFFREYS. TAMULEVICH, USN, AND USN
(25) Selection of Text Messa es between CDR Jeffrey S. Tamulevich, USN, and USN (26) Spreadsheet of Government Emails Obtained from USS HOPPER of 16 May 18 (27) Photo wi ,.,.r,""•'" · Text Message Obtained from Phone of SN of 10May18 {28) oto o USN, Conning USS HOPPER with Accompanying Government Email Obtained from USS HOPPER of l OMay 18 {29) Photo o USN, Conning USS HOPPER with Accompanying Government Email Obtained from USS HOPPER of 16 May 18 {30) NAVPERS 1626/7 (Rev. 12-88}of23 Dec 17 ICO SN (31) NAVPERS 162617(Rev. 12·88} of 18 Dec 17 ICO USN (32) NAVPERS 162617{Rev. 12-88) of 18 Dec 17 ICO USN (33) Fleet Officer Application Checklist IC USN (34) CDR Jeffrey S. Tamu)evich, USN, Ema1 o 9 Apr 18 (OCS Application) (35) USS HOPPER 2104162 May 18
PRELIMINARY STATEMENT
l. Per reference (a) and enclosure ( 1), enclosures (2) through {36) are submitted in support of the findings of fact, opinions and recommendations for the command investigation into the C alle ntions of fraternization and adultery between CDR Jeffrey S. Tamulc\~ch, USN, an~ USN, while onboard USS HOPPER (DOG 70).
2. This investigation primarily consisted of interviews with personnel from HOPPER. I conducted all interviews in my office at 850 Ticonderoga Street, onboard Joint Base Pearl Harbor-Hickam, exce t the Volunta Statements b which were taken by ress. [Encls (2), (3), (4)]
3. Unifonn Cod~ ustice (UCMJ) Article 31 (b) rights were provided to CDR Tamulevich an~ Both acknowledged their rights and agreed to waive them in order to answer my questions. [Ends (5) - (8)]
4. Each interview was memorialized in a memorandum. Each memorandum has been made an enclosure, (see enclosures (5) through (8)). CDR Tamulevich an~ were afforded the opportunity to review the summaries of my interviews with them,~ signed the summaries acknowledging the same.
5. A Recorder was present during each interview so I could focus on observing demeanor and body language to best assess credibility. I reviewed every summary of interview for accuracy ( and signed them acknowledging the same.
FOR OFFICIALUSE O?- 2 Subj: COMMAND INVESTIGATION fNTO ALLEGATIONS OF MISCONDUCT (CO CDR JEFFREYS. TAMULEVICH, USN, AN USN 6. Following the initial interviews with CDR Tamulevich an~ I issued each of them a Military Protective Order {MPO), signed by Commander, Destroyer Squadron THREE ONE (COMDESRON 31) Deputy Commodore, to have no contact with one another until 18 June 2018, unless otherwise noti fled. [ Encls (9), ( 10)] 7. COMDESRON 31 Deputy Commodore authorized a search of the shipboard government email following the initial disclosure of screen shots of 11 emails between CDR Tamulevich and That search yielded approximately 325 emails but it was limited by the capacity of the ship's server. The server can only store up to 15 days of data, after which it is overwritten. Th~~ artment was able to recover .pst files older than 15 days that CDR Tnmulevich an~ had stored in data files. [Encls ( 11)- (14)] 8. After her first interview consented to a search of her personal cell phone. CDR Tamulevich consented to a search of his personal cell phone after being notified that I had already obtained Command Authorization for Search and Seizure from COMDESRON 31 Deputy Commodore. Those searches yielded numerous text ru1demail communications of evidentiary value. CDR Tamulevich's phone was returned to him the following day- ~ hone was returned to her within four (4) days. [Encls (13), (14)] 9. All reasonably available evidence was collected and the objectives of enclosure ( l) were met. No further investigation is required. I received legal guidance fro J AOC, USN, Staff Judge Advocate, Navy Region Hawaii C, USN, Sta Judge Advocate, Naval Surface Group, Middle Pacific, an JAGC, USN, RLSO Hawaii, through the course of this investigation. 10. All social security numbers ha\ e been redacted and no physical evidence was collected. FINDINGS OF FACT ~ DR John D. Gaine 'al Punishment (NJP) to - USN, The NJP was based on her statement to the CO that she v · Jeffrey S. Tamulevich, USN, was serving as HOPPER XO at the time. [Encls (5), (15)] 2. CDR Tnmulevich took command of HOPPER on 1 September 2017. USN is servin and [Encls (16), (17)] FOROFFIClAL USE ONLY PRIVACYS El\SITIVE At-.Y MISUSEOR lJSAlFTHORIZED DISCLOSURE MAY RESULTIN BOTII CIVIL A."-1DCRI\IINAL PENALTIES 3 Subj: COMMAND rNVESTIGATION INTO ALLEGATIONS OF MISCONDUCT ICO CDR JEFFREYS. TAMULEVICH, USN, AN USN 3. CDR Tamulevich has four dependents, including his spouse. [Encl ( 18)] 4. is not married and has no dependents. [Encl (19)] 5. In December 2017 approached the CO requesting that he set aside her 2016 NJP based on a notice from the Attorney General of the State of Hawaii that "an expungement order has been issued ... which annuls the record of arrest" for the 17 May 2016 arrest for " The notice contained no explanation or w y t e case a been dismissed or the record expunged~ iscussed her case and her request with the CO in his cabin in December 2017. [Ends (mffi ,(21)] 6. On 31 December, 2017, the CO set asid~ 2016 NJP. [Encl (20)] 7. There ought the CO's guidance regarding submitting an OCS package, and the CO aske o come to his cabin to discuss it. The meetings in the CO's cabin usually occurred m e evening nfte- got off watch and increased in frequency until, eventually, they were occurring nearly every mght. [Encls (5), (8)] 8. During one of these meetings in the CO's cabin b late January and early February while HOPPER was undenvny, the CO said t "l really want to kiss you right now." C admitted she "didn't do anything to stop it.' lept in the CO's cabin that night. [En s (7), (8), (22)] - 9. After the first romantic encounter lept in the CO's cabin almost every night. [Encl (7)] 10. Roughly half of these nightly visits included sexual intercourse while onboard HOPPER. [Encl (7)] 11. The CO an- had sexual intercourse, including penetration, at least ten times while on board HOPPER. [Encls (7), (8)] 12. In order to remain undetected, the CO checked the passageway to ensure "the coast was clear" befor- eft his cabin in the morning. [Encl {8)] 13. At night, the CO left the door from the passageway to his cabin open fo- o enter. - evening watch usually ended around 2100, atler which she would pro~ the CO's ~ round 2130. [Encls (7), (8), (23), (24)] (_ FOROFFICIAL USE O:-:LY PRIVACYSENSITIVE A~Y MISUSEOR UNAUTHORIZEDDISCLOSURE MAY RESULTIN BOTHCIVIL MO CRI\INAL PENALTIES 4 Subj: COMMAND INVESTIGATION INTO ALLEGATIONS OF MISCONDUCT ICO CDR JEFFREY S. T AMULEVICH, USN, AN USN 14. These arrangements were generally made and confinned over government email using the code language, "executing the plan," which meant coming to the CO's cabin after watch. [Encls (7), (8), (23)] 15. When the ship was not underway, they communicated by text message and private email. They also communicated by private email while underway. [Encl (25), (26)] 16. After their first romantic encounter, the amount of email correspondence escalated. This investigation recovered approximately 325 government emails between January and May 2018, 304 of which were sent and received between 27 April and 16 May 2018. Many of the text messages and emails exchanged via Gmail were sexual in nature. [Encls (8), (23) - (26)] 17. While in port, the CO visite~ apartment in Hawaii. [Encl (8)] 18. The CO an~ engaged in sexual intercourse a- apartment approximately three times. [Encls (7), (8)] 19. The CO an~ ook a picture of themselves onboard HOPPE~ text messaged her friend to tell her that "we took it super sneakily." [Encl (27)] C 20. The ship returned to Hawaii on 14 May 2018 and the romantic relationship between the CO an- ended on approximately 15 May 2018. The CO sen~ wo final emails with the pictures of her conning the ship on 16 May 2018. [Encl (28)] 21. TI1eCO ad'udicated three fraternization cases at Captain's Mast in December20l7; two All three Sailors received the same , an orfeiture of one-ha If month•s pay for two months. [Encls (30), (31), (32)] 22. The CO awarde~ a Navy and Marine Corps Achievement Medal on 12 March 2018. [Encl (33)] 23. The CO signed a letter endorsinsallllll C~ ning Package on 5 April 2018, and submitted it to officerapplications@~ o~ behalf on 9 April 2018. [Ends (33), (34)) 24. The XO and CMC both claimed in their interviews that, although they had discussed the appearance that the CO was favoring_, either were aware of the romantic relationship or nightly encounters. [Encls ( 16), ( 17)] (_ FOR OFFICIALUSE ONLY PRIVACYSENSITIVE A'lY MISUSE OR UNAUTIIORIZEDDISCLOSURE MAY RESULTIN BOTHCIVILANDCRl\llNAL PENALTIES 5 Subj: COMMAND INVESTIGATIONINTO ALLEGATIONS OF MISCONDUCTICO CDR JEFFREY S. TAMULEVICH, USN, AND ( USN 25. The XO stated that the appearance of favoritism arose from the CO lettin~ onn the ship and from all the assistance he provided with her OCS package. The XO stated that only junior officers and senior cnJistcd under instruction are usually allowed to conn the ship. The explanation the CO gave at the time was tha~ vas submitting an OCS package. [Encls {16), (28), (29}] 27. In her first interview on J 7 May 2018~ enied any sexual involvement with the CO. I interviewed the CO and he admitted he had engaged in a sexual relationship wit~ I recalle~ or a second interview and she admitted she had engaged in a sexual relationship with the CO. [Ends (5), (6), (7)J 28. The CO was relieved of command on 21 May 2018. [Encl (35)] 29. Adultery, in violation of Article 134, UCMJ, requires: ( 1) That the accused wrongfully had sexual intercourse with a certain person; (2} That, at the time, the accused or the other person was married to someone else; and, (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or wus of a nature to bring discredit upon the armed forces. [Ref (b)] 30. Fraternization, in violation of Article 134, UCMJ, requires: (I) That the accused was a commissioned or warrant officer; (2) That the accused fraternized on tenns of military equality with one or more certain enlisted member(s) in a certain manner; (3) That the accused then knew the person(s) to be (an) enlisted member(s); (4) That such fraternization violated the custom of the accused's service that officers shall not fraternize with enlisted members on terms of military equality; and (5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the anned forces or was of a nature to bring discredit upon the anned forces. [Ref (b)] 31. Reference (c) defines fraternizationas a personal relationship between an officer and an en listed member that is unduly familiar and that does not respect differences in grade or rank. An unduly relationship is that which calls into question a senior's objectivity, results in actua] or ap- FOROFFICIAL USE ONLY PRIVACYSE!l,SITIVE ANY MISUSEOR UNAlJTHORIZEDDISCLOSURE MAY RESULTIN BOTHCIVIL ANDCRl\ll'IAL PE'IALTIES 6 Subj: COMMAND INVESTIGATION INTO ALLEGATIONS OF MISCONDUCT ICO CDR JEFFREYS. TAMULEVICH, USN, AND C USN parent preferential treatment, undermines the authority of a senior, or compromises the chain of command. [Ref (c)] 32. Failure to obey an order or Regulation, in violation of Article 92, UCMJ, requires: (l) That there was in effect a certain lawful general order or regulation; (2) That the accused had a duty to obey it; and (3) That the accused violated or failed to obey the order or regulation. [Ref (b)] 33. Conduct unbecoming an officer and gentlemen, in violation of Article 133, UCMJ, requires: (I) That the accused did or omitted to do certain acts; and (2) That, under the circumstances, these acts or omissions constituted conduct unbecoming an officer. There are certain moral attributes common to the ideal officer and the perfect gentleman, a lack of which is indicated by acts of dishonesty, unfair dealing, indecency, indecorum, lawlessness, injustice, or cruelty. [Ref (b)] 34. A false official statement, in violation of Article 107, UCMJ, requires: (1) That the accused signed a certain official document or made a certain official statement; (2) That the document or statement was false in certain particulars; (3) That the accused knew it to be false at the time of signing it or making it; and 0 (4) That the false document or statement was made with the intent to deceive. [Ref (b)] RECOMMENDATIONS I. I recommend the CO be held accountable at Admiral's Mast for violations of UCMJ Articles 133 and 134. I also recommend appropriate administrative action, including detachment for cause and a recommendation that he be required to show cause for retention. FOROFFICIAL USE ONLY PRIVACYSENSITIVE ANY MISUSEOR UNAUTHORtZEDDISCLOSURE MAY RESULTIN 80111 CNIL AND CRIMINALPENALTIES 7 Subj: COMMAND INVESTIGATION INTO ALLEGATIONS OF MISCONDUCT ICO CDR JEFFREYS. TAMULEVlCH, USN, AND C USN 2. I recommen ~ be held accountable at Mast for violations of UCMJ Articles 92, 107 and 134. I ~ nd appropriate administrative action, including processing for administrative separation. FOR OFFICIAL USE 0:-ILY PRIVACYS ENSITIVE ANYM ISUSEOR UNAUTHORIZEDDI SCLOSURE MAYR ESULT IN eorn CIVILANDCRl\11NALPEN~ LTIES 8 DEPARTMENT OF TH E NAVY COMMAN DER DESTROYER SQUADRONfHREE ONE 1000 NORTH ROAD STE 221 C JBPHH , HI 96860-44 60 5830 SerNOOl237 t 7 May 18 From:~ Squadron THREE ONE To: - USN Subj: COMMANDINVESTIGATION INTO ALLEGATI01 S OF FRATERNIZATION BETWEEN CDR JEFFREY S. TAMULEVICH, USN, A"\!~ - USN, FROM NOVEMBER2017 TO lvtA Y 2018 Ref: (a) JAGINST 5800.?F I. This appoints you, per Chapter n of reference (a), to inquire into the facts and circumstances I I I I I . • · ons of fraternization between CDR Jeffrey S. Tamulevich, USN, and USN, from November 2017 lo May 2018. 2. Investigate the allegations and recommend appropriate administrative or disciplinary action, if any. Report your findings of fact, opinions, and recommendations in letter fonn by 14 June 2018, unless an extension of time is granted. If you have not pre, iously done so, read Chapter II of reference (a) in its entirety before beginning your investigation . 3. You~ fromtheStaffJud Pacilic ...... JAGC, USN a uring the course of }Our investigation. Copy to: COMNAVREGHI (NOOJ) FOR OFFICIALUSE ONLY PRIVACY SENSITIVE Any misuse or unauthorized disclosure may result in both civil and criminal penalties t. PLACE C DEPARTMENTOFTHENAW ,; Id /Sf; IM1b/JirC VOLUNTARYSTATEMENT 2.DATE l7Mlr'/2, 18 I, SN NavalSurface Group, Middle Pacific I make lhls statementof my own free will and withoutany lhreats or promisesextended CO me . I fully understandtha t this statementIs 11lvenconc:emlng mJ knowledgeor _i. c ti{)()/~/VtJf 1-o lh...~~ A- t-1-~_;f~hi...eA1...-7. C OPNA 5580/2 Rev. 11/2006) PREVIOUSEDmoN IS 06SOLETE. FOR OFFICI~ useONLY (Wl,4111nf#d illJ SIN: O1O7-lF-G&t--4100 ENCLOSURE(d-) 1.PLACE C DEPARTMENT OF THE NAW \5() VOLUNTARYSTATEMENT 2. DATE llM I~ I, ------. makeIha rolkMing USN whom I knowto ba Naval Surface Orou • MiddlePacific I malte lhis ata~menl of my own he will nd 5 given concerningmy knowledge or and without any lhrealsOf promisesIIXtended to me. I L""'~ .. u erstandlhal this statement1 Du,,;~ "cw/\"$Ul11·W1'8 def'l<>v~.' nt>l:cto! - ree,;•~ ein0i,\~ ~c,(1\ OV< CC,. At ~-,~-\-\ d\oln't th~k °'~ ;+~:nc.t. \ Kl'lw ~he.-~ ~c.,b":tt~ o... Oc..C!:,')"\c,lt.~e . ~~00~:c.M,5 the, et'l\,d.S\ ~tArl-lol(10~~~~ how tnt, cc; v,Gulol eoft',(., up \-o thL b, :d.t]~ "'-~ .,.\- e,p,o.lt.\ o c,J,~·.ole '"' -!tu..lo, :o\-5e. wl!\e). 11: '> h•pp,.,J "" E,,v,_.o. I oceos:""!!. : ,t,lu ,:I\"5 ;~ por .\- C:,""'m wh: I~ p "",. ~c, p1 e.<£<""' -\h.. e,1-: 0 ,,,1.,.,.ol Jo ',op.i:ol ,_ t :OJ{). Mw dtplo~(l\U\.\- w'I.I.. ,...,,It: i:!I "' \It +ti..-,.,,,.,.. I,,\' II jt,J.t tm•·.\~ \:,~e,li. ,,,.cl.lc,;Th ~ """:oh e,•lr-m-, o.-l+lo.'-••"'b"'~ 1htrt..h<>•L b..e.. \ :n,2!!. -\-Im'- he.!:> nJ ..,..l "'" fl~""'{JiMC)W \c.k ,, >I'}, ha rv,s<><>b , lnb ~f,,:, "'"' <1. i "- th<- Cci!:l>"'b," c,h,,Mi~ . 6\ee-1~\'y\ o't>\•n,J ho\,:o i,·1-9,~\~ e,,,o·.I~Moi "fO(}d ·,t -\6 an<. oi "'Y <1-w\o,"> h,,. !,fJdk \e, ""- 0oboJ.- i-,.,. (Uw.\- ev~l 0tf\fJ.t>\'~~,ol O\bou\- nc\Vi"~ ~'h~ein -\h\~ 11::)no.\- -\-o ~el. Oct\yOth~ Cor.ur ho,.\- In e>t~ w~, \'f'\ jv&+ tr~\'!> \c do tk r:~n+ \h '~ 0.1, 0\ ,n•,,olol%'=> p<\-½ o~etr . OPNA 6580/2 (Rev.1112006) PREVIOUSEDITIOH IS OBSOlETE. FOROFFICIAL USE ONLY (Wl,en u«l ln) SIN. D107-LJ'-H1-4100 ENCLOSURE(3) 1.PLACE DEPARTMENTOFTHENAW C VOLUNTARY STATEMENT I, USN whom I knowto be aval SurfaceGrou • Middle Pacific PNAV 5580 2 ( ev.11/2006) PREVIOUSEDmON IS OBSOLETE. FOROFFICIAL USE ONLY ,w1M,,i 8/led ri) SIN: 01G7-Lf•ll1-41DO ENCLOSURE(~) SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT (SeeJAGMAN 0170) FOR PURPOSES OF CAPTAIN'S MAST roLL lW!E fACCIJUD/SUSl>.ECT) 111.R/IWIX JEFFREYS. TAMULEVICH COR USN ACrIVln r USS HOPPER (DOG 70) twa: 1nm:avn:wa1 RUE/UNK ORGANIZATION an.u:t LOCATION 0r ~ llAff RIGHTS l certify and acknowledge by my signature and initials set forth below that, before the interviewer requested a statement from me, he warned me that: (1) lam suspected ofha.,,ing committed the following ofTcnse{s): Article 134, Fraternization (2) I have the right to remain sileot; ------• ------ (3) Any statement 1 do make may be used es evidence against me in trial by court-martial, - - - - - {4) 1 have the right to consult with lawyer counsel prior to any questioning. This lawyer Counsel may be a civilian lawyer retained by me at my own cxpcose, a militruy lawyer Appointed to act as my counsel without cost to me, or both; and - - • • ------ (5) I havethe right to have such retainedcivilian lawyer and/or appointed mililary lawyer Present during !his interview.------• ------ W AIYER OF RIGHTS I further certify llOdockn owledge that r have read the above stotementof my rights and fully understand them, and that, ------• - • • - -- (1) I expressly desire 10 waive my right to remain silent; ------• -- • - - • • - • - • • • • - - • • • (2) I expressly desire to make a statement, • - - - - • ------ {3) I expresslydo not desire to consult \\ith either a civilian lawyerrebincd by me or o military lawyer appointed as my counsel without cost to me prior to any questioning; - • - - • - - • - - (4) l expressly do not destre to have such lawyer present with me during this interview; and - - - (5) This acknowledgmentBlld waiver of rights is made freely and voluntarily by, and without any promises or threats ~ving been made to me or pressure or cocn:ioo of any kind ha~ing been usedagainstmc.------··-·------······ (b) (6) . --- C r-., & I •• •1:, ,u ., , ., - rn« ,... t • • TIME 6Ic::NA.t'UR£(WUNESS) The slatement which appe.llSon this page (and the following __ page(s), all of which are signed by me), ts made freely and voluntarily by me, and v.ithout any promise.~or thrcatc;hm,ing been made to me or pressure or coercion of any kindha..,mg been used against me. 8l~TURE (Accu.,ad/Suspect) 2 SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT {SecJAGMAN 0170) FOR PURPOSES OF CAPTAIN'S MAST m.t. tO\H! (MX:USED/SUS?SCT) M'?I/JWQC SUVJC:C (lllWICK) C TAMULEVICH, JEFFREY s. CDR OSN AaIVtft/lMtt D.\'D: OF lltJl.t'I USS HOPPER (DOG 70) IW1i C:mr.RVIEWElll llATE/IUNK ORCANIZA'1'rotr •n.i.;;T tce.\'!JCN 0'P tN'1'ElWtEW DATE RIGHTS I certify and acknowledge by my signature and initials set forth below that, before the interviewer requested a statement from me, he warned me that: (l) lam suspectedof having committedthe followingoffense(s): Article 133 (Conduct Unbecomin ), Article l34 Adulte Article 134 Fraternization (2) I have the rigbt to remainsilent. ------• - - -- - • ------• • - • - • - • • (3) Any stalementJ do make may be used as evidence against me in trial by court-marti•L- - - - - (4) I have the right to consult wichlawyer counsel prior to any questioning, This lawyer Coull5Clmay be a civilian lawyerretained by me at my own eitpcnse, a military lawyer Appointedto act as my co~l without cost to me, or both; and - - - - • - - - • • - - • • - • • • - • - • - • • (S) l have the right lo have such relainedcivilian lawyer and/or appointedmilitary lawyer Present during this interview. - - - - • ------• - • - • ------• - • ------• ------ WAIVER OF RIGHTS I farther certify and acknowledgethat I have read lhc above statomentof my rights and fully undersland them, and that, - • • ------• ------• - - - (1) I expressly desire lo waive my right to remain silent; - • - - • - - • - - - - - • • - - • ------ (2) I expressly desire lo make a statement;• ------• ------• • - - -- - • ------• (3) I eq,rcssly do not desire to consult with either a civilianlawyer retained by me or a militarylawyer appointedas my counsel withoutcost to me prior to any questioning;- - - • • • - - • • (4) I expressly do not desire lo have such lawyer presentwith me during this interview;and - • •- (5) 1nis 11Cknowledgmcotand waiver of rights is made freely and voluntarily by. and without any promises or threats having been made to me or pressure or coercion of any kind having been used against me.------• ------• - --- • - - • • ------• r '1'D1E l>Aft - 'l'1ME SIGNATIIRE (ll'ITNUI) The sllltementwhich appears on this page (and the following__ pagc(s), all of which are signed by me), is made freely and voluntanly by me, and withoutany promises or threats having been made to me or pres.sureor coercionof any kind having been used against me. SIGNA'l1JR& (Acc:u.Hd/ SU spec t:) 2 (b) (6) coInterview (17 MAY 1 B/13J 5) Q: What can you tell me abou A: PhenomenalSailor. Trustedagent. She would tel1me about any rumors that wouldgo aroundthe ship and commandclimate . Q: Was she a good listener'/ A:.Yes. Q: Did you lalk to her? A: Many times. Q: Whal about? A:.Her OCS applicationand bow I can changethings up on the deck plates. Q: Do you think she should be an Officer? A:. Yes, she alreadybas a collegeeducation and isn't a typical PO2 or PO3. She bad a DUI but the State of Hawaii messedthat up end provideddocumentation that said there was some sort of tamperingof evidence. Q: You were the XO when she went lo Mast? A: Yes. Q: And then you set aside her NJP? A: Yes, I consultedlegal counsel. I thinkI talkedt ~ and Millingtonjust to makesw-e what I was doing was okay. Q: But just becauseHPD wrotethat letter doesn't mean she wasn't drivingunder the influence. Plus, the standard of proof in criminal court is beyonda reasonable doubt and NJP is preponderanceof the evidence- it's a differeJitstandard Did she admit to being drunk? A: She admitted to sorrow and sadness but I don't rememberexactJy what she admitted. Q: What was it, ~ malfunction? k I honestly don't remember,Sir . IIPD provideddocumentation to me of some sort of faulty evidenceto whichHPD wiped it from her record. Q: Was she popular with otber Sailors? A: I guess she was well liked• sort of introvertedbut bad a positive attitudeand was friendly. She was easy to talk to. She came to me as the CO to tell me about any rumors going on. Q: Good listener? A: Yes, she was educatedso she was able to understandthe commandquicker. FOR OFFICIAL USE ONLY - PRIVACY SENSITNE Ally misuseor unauthorizc:ddisclosure may result in both civil and criminalpenalties. 1 (b) (6) Q: What type of conversationsdid you have with her? A: Deck plate rumors, OCS, professionaldevelopment. Q: Where did these conversationstake place? A: On the Bridge. Q: Did you have any personalconversations? A:Yes . Q: Who got personal? A: Both her and me. Q: What did you share? A: I'd rather uot say. Q: Where? And how frequent were these conversations? A: On the Bridge and her coming down to my cabin. Q: How is your relationshipwith your XO? A: Very good. Q: Did you ever talk to him about personal problems? A:Yes . Q: Did you feel comfortabletalking to him? A:Yes. Q: Did you ever invit- to your stateroom? A: Yes. Q: How many ti.mes? A: Once or twice - maybe a handful. Q:Do you know how many times? A:.I'd rather not say. Q: What was the duration? A: Sometimesover an hour. Q: Did you have the same relationshipwith anyone else? A: I talked to my XO frequently and I helped other Sailors with OCS packages. Q: Was the door ever shut to the cabin? FOR OFFICIALUSE ONLY - PRIVACY SENSITIVE Any misuse or unauthorizeddisclosure may result in both civil and criminal penalties. 2 ENCLOSURE(S) (b) (6) A: Yes. C Q: 1sn't that unusual? A: I'd rather not say. Q: Did you ever tell her to be secretive? A:.I don't recall. Q: Did you ever writ- note? A: Yes, a birthdaycard. Q: What did it say? A: You're a superstar, keep charging. Q: Did you do that for anyone else? A:No. Q: What do you think about emails? A: They are good tool but they can also be an Achilles heel. Q: Is it normal to email a P02? A: Not typically. Q: How manyemails do you think you sent her? A:.Too many. Q: What were the contents? A: It varied. Q: When did it start? A: When she was putting in the OCS package. Q: How manydid you send her per day? A: Morethan S or 10 per day. If I saw her on the ship that day then it would be more. Q: When 3 ENCLOSURE(s) (Begin to read some work email and Gmail) Q: Did you have dinner with her? A: I'd rather not say. (Looking at email) Q: What is the gift that she gave you? A: A cocktail shaker. (Reading email) Q: And you said here the next time you wouldspend the night? A: I am not going to answer thaL (Reading email) Q: So what docs "having you on Tuesday and on Wednesdaymorning" mean? A: I am not going to answer that. Q: (Starts reading email) "I saw you in your tight workoutpants and a taDktop . .." A:.Stop. I know what I wrote. (Pause) Q: when did this all start? At NJP? A: At that point. it was at the straight and narrow,there was nothing. Q: When was the set aside? A: Around the holidays. I can't rememberif it was Christmasor Thanksgiving. Q: these OTEP requests, isn't that an XO thing? A : Possibly but she was on the Bridge and she had told me about it. As the CO, I would like my Sailors to be comfortablecoming to me. Q: When did you start workingon her OCS package? A:.Late January/February2018. Q: When did she start stoppingby? A:.November/December 2017 for the NIP set aside. Q: Was the CMCthere? A:No. Q: Is it possible that be felt cut out? FOR OFFICIALUSE ONLY -PRN ACY SENSITIVE Any misuseor unauthorizeddisclosure may result in both civil and criminalpenalties. 4 ENCLOSURE(S) A: Possibly, I don't know. Q: When did she first start stopping by the cabin as a metter of routine? k Mid-January 2018, for her OCS package and to discuss deck plate rumors - thiswas borderline fraternization. Q: Did she providesomeone for you to talk to? A : 1t was something for when I needed a break from business. Q: Did you talk about your marital problems? A: 1 alluded to it but I don't know how specific I was. I definitely told her there was some tension. Q: Did you talk about the IG? A:Yes. Q: Did you talk about your wife being upset about the IG? A: If she remembers that, then maybe. I am wondering about whether I should get a lawyer - does me not answering look bad? - is called in end informs the CO that we cannot personally advise him but he bas the right to refuse to answer any questions or terminate the interview at any time and request a lawyer. CO asks how much lo.agerit will take - IO says about an hour - CO says be will continue without a lawycr.- - leavt.S.) Q: What was the nature of the encounters?Was there kissing? ' A:Yes. Q: Cuddling? A:Ycs. Q: Penetration? A: I'm not going to answer that. Q: Were you ever msrobed together? A: I am not going to answer that. Q: Did you go meet her off the ship? A: Yes, at her apartment Q:Have you seen her since you've been in port here? 111 A: No, not since we've been in port.➔T ~p.~ ,~ Y1lo~' ON A<-<..'1 o..)"eOl\1Z.U e ~L -TU<.rS'bl'l'1 (lt't ~,::~<=S"'bP.~ (r-:rol\. ,s tw\,.."i') Q: Did you spend the night at her apartment? ""~t.) s1\£ '8120uc._11T C l\An.5 "10 ,lp6,lo ---ne C.O •-:, d Pl°'B1...:>, ·• FOR OFFICIALUSE ONLY - PRN ACY SENSITNE Any misuse or unauthorized disclosuremay result in both.civil and criminalpenallies. 5 ENCLOSURE(s) A:Yes . Q: Did you have sex with ha? A: I'd prefer not to answerthat. Q: (Stans readingtext message)"Did you really have a g-spotorgasm ... " A: Yes, we bad se,c. Q: And by sex you mean penetration? A:Yes. Q: Have you seenher since you pulled in on Monday? A: I saw her Wednesdayon the ship. Q: Are you broken up? Or not seeing each other? A; We arc not seeingeach other romantically currently. Q: Has she tried lo coerce you at all? Blackmail? A:No. Q: Okay let's rehash - at first she was just another Sailor to you - you set aside her NJP - she starts comingto your cabin about her OCS package- at some point these visits to your cabin evolve into a romantic relationshipstarting in December 2017/Ianuary2018 -you had a romantic relationship- she stopped by daily for movies/romanticinleraclioos-7 February 2018 you went to her apartment and had SC)(. A: Correct. Q: Did you talk about breakingup? A: We don't know what everythingho lds; we kind of agreed to stop. She made the decisionbut I knew it was comillg. Q: Did you feel this close to anyone else? A: Not this close. Q: So she came by your cabin every night? A: Towardsthe end, yes. Q: Discussions were mostly intimate? It wasn't just an hour of sex? A: We ate a snackand occasionallybad sex. Q: And the door was shut? A: Yes. FOR OFFICIALUSE ONLY- PRIVACYSENSITIVE Any misuseor unauthorizeddisclo sure may result in both civil and criminalpenal ties. 6 E CLOSURE(5) Q: What period was her watch? (b) (6) A: We do circadian. so 2100. Q: Did she maximizethis relationshipprofessionally? A: I don't think so. Q: Any reason you fell for her? A'. Smart, attractive,able to talk to, it accidentlyhappened. Q: What was the number of romantic encounters? A'. I don't want to answer that Q: Romance started in January2018? A:Yes . Q:On board? A:Yes. Q: Does the XO or CMC know? A'. I don't lhink so. Q: Did you ever promise her anything or was it just lruly romantic? A: I promised her the OCS packagebut I would do that for any Sailor. No, she received no sort of benefiL Q: Did you get her off watch? A: No, I don't thinkso . We had a gunshootat one point so everyonewent up for the gunsbootbut no. Q: It was isolated? The romance and the professionalrelationship? A: Yes, no one really saw. Q: Did you two discuss a future? A: Yes, it is over romantically. Before today we called it off. Q: When the ship tied up? A: Yes. Q: You haven't bad anything romanticwit - since Monday? A: Correct. Q: What do you think she got out of this? A: An emotional connection. FOROFFICIAL USE ONLY- PRN ACYSENSITNE Any misuse or unauthorizeddisclosure may result in both civil and criminalpenalties. 7 ENCLOSURE(5) Q: Was she lonely and banging with you is cool? A: She bad friends on the ship so I don't know thal aspect or why she was interestedin talking to some 40 something year-oldguy. Q: Anything else you want to tell me? A: This was not intentional It was not something [ was seeking. Q: Any letters besides the email? • ~~ ,...... ,) p..o<:>Tf4ctt. •...... ~'It. --\Jt:. ....>• ~OW"c -pc1.:rr A: Just the birthdaycard. --r\ ,I.) -r,.,.:./ Ft:"B -z..q,,-J. t • I have reviewed the above summary of interview and, by my signature below, swear (or affirm) that it is true and accurate to the best of my knowledge or belief, and was made freely and voluntarily, without any promises or threats having beca.made to me or pressure or coercion of any kind having been used against me. 2/AA.,'\j tot& CDR Jeffrey S. Tamulevich,USN Date FOR OFFICIALUSE ONLY - PRIVACY SENSITIVE Any misuse or UDautborizeddisclosw-e may result in both civil and criminal penalties. 8 ENCLOSURE(5) SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT (SeeJAGMAN 0170) FOR PURPOSESOF CAPTAIN'SMAST IFl'1LI. 'IW1I: WXURD/SVIRC'r) asN llmVtCIS IBIWICBI C USN . . . . . ·~. USS HOPPER (DOG70) i N»1E (ImT.BVIEWERJ ISN IIAff:/JWII( KRVIO: (IIRAtlCBJ OJIGAMIU't'IOK BU.UT toa.1'?0N CW nn'DVIEW Uta: DATE RIGHTS I ~rtify and acknowledgeby my signature and initials set forth below that, before the interviewer requested a statement from me, he warned me that: (1) { am suspected of having committed the following offcn5c(s): Article 921 Fraternization (2) I have the right to remain silent; ------• • - • --- (3) Any statement t do make may be wed as evidence against me in trial by court-martial, - - - - - (4) I have the right to consult with lawyer counsel prior to any questioning. This lawyer Counsel may be a civilian lawyer retained by me at my own expense, a mililary lawyer Appointed to act as my counsel without cost to me, or both; and------• • • ------ {5) I have the right to ha\.'Csuch retained civilian lawyer and/or appointed mililary lawyer Present during this interview.------• • ------• • • - • --- • • • -- -- WAIVER OF RIGHTS I .funher certify and acknowledgethat I have read the above statement ofmy rights and fully understand them, and that, -- - - :. ------• ------· (I} I expressly desireto waivemy right to l'l:mainsilent ; ------• -- ~• • • - • (2) I expresslydesire to makea statement;------• ------ (3) I expressly do not desire to consult with either a civilian lawyer retained by me or a military lawyer appointedas my counsel without cost to me prior to any questioning; - • • • • • • - • - (4) I expressly do not desire to have such lawyer present with me during this interview; and • • -· (5) This ac!mowledgmcntand waiver of rights is mllde freely and voluntarilyby. and without any promisesor threatshaving been made to me or pressureor coercionof any kmd b4vingbeen used againstme.• • • -- - • • ------•• ------ .. ------···------C - r- • •• ,. .. .. ,..: .. 111• • • , ... - !)Am /7UAYl8 - ~ ...... - UM!! DATE 8 IGHA'l'UIIE (VX!nlESII DAR The statement which appears on this page (and the foilowing __ pagc(s), alJ of which arc signed by me), is made ftccly and voluntarilyby me, and without any promisesor threatshaving been made to me or pressureor coercionof any kind havingbeen used against me. Sl:GMA'l'UIU! (Accw,ed/SU,pectl C 2 Q: Where are you from? Q: When did you join the Navy? AQ:- What do you think your reputation is on the ship? A: I think people like me. I work really hard. I have a good relationshipwith people on the ship. Q: What is your job? A: I stand watch while we are underway. When in port I clean. Q: What is your relationshipwith the Navigator? A: He has only been on board a year. He is very by the book. Q: What about your relationshipwith the XO? A:.He is relativelynew, but he is very personable. The CO and XO often stand by th- ble together and banter. Q; What is your relationshipwith the CO? A: It is a good relationship. He set aside an NJP that I got from the previous CO for a DUI. He 0 essentiallydeemed the NJP invalid because the Honolulu Police Departmentsaid that their breathalyzcrs were tampered with. After thnt he really took me under his wing because I want to put in an OCS package and he set up interviewsfor me. Q: Was there anything beyond that? A:.Nothing beyond that, he is the best war.fighterI've ever seen. He hasn't expressedany personal informationother than talking about his wife and kids. Q: Do you have respect for your CO? A: Yes, be has really tried to further my career. Q: Do you think he was overly helpful? A: No, I don't think he was overly helpful Q: Has he ever sent you a personal note? A: He sent me a birthday card once but that was about il Q: Do you thin.lehe is infatuatedwith you? A: No, I don't think so. He treats everyonethe same. He spends as much time talking to me as anyone else. FOR OFFICIALUSE ONLY - PR.IVACY SENSITIVE Any misuse or unauthorizeddisclosure may result in both civil and criminalpenalties. 1 E CLOSURE(\p) Q: Have you ever met socially outside of work? A: No, never. Q: Does he ever emailyou? A: Yes, just to ask questions about the officer package. I sought him out for help with my commissioning package. Q: Did he ever invite you over to his cabin or isolate you? A: No, he never invited me into his cabin. He never isolated me. Q: Did you ever spend any time together in port? A: No, we never spent time together in port. (Begin to read through emails with her) Q: What about these emails? What does he mean when he is asking you about the sunset? A: He often would come up to taJcepictures of the sunset and would make sunset calls to see if it was a good sunset Q: Theseemails really seemlike he is beingflirty with you and is trying to hit on you, don't you think he might be infatuated with you? A: I didn't want to think that he was infatuated with me but maybe he is. Q: Has anything sexual ever happened between the two of you? C k. No, nothing has happened. Q: You agreethat all these emails with the smiley faces and the flirtation are a little bit awkward? A: Yes, I agree that it is a bit awkward. Q: But why is he talking about ... .. (steel beach discussion)? A: I think that is just so people will stop knocking at his door. Q: So he is emailing you at about a 7 to 1 email rate. This means you send him 1 email and he responds back to you with about7 . Did you tell the CMC about the attention? A: No, I clidn't. [just chalked it up as he wanted someone to talk 10. Q: Y cs but why you? A: I think it's because I am just easy to LalkLo. Q: What kind of things would he talk about? A: He told me stories about bow to improve my professional career and in my mind it was all innocent, so I never thought about telling someone about this. FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE Any misuse or unauthorizeddisclosure may result in both civil and crimioai penalties. ( 2 Q: What kind of stufI did he tell you about your professional development? A: He caught me arguing with anothe- at one point so ~e told me not to sweat the small stuff. Q: But all these emails - it really seems like he's flirting with you and fishing for things. When did you see him on the ship? A: While I was on watch. I had the 0600-0900 watch and he may have been prodding. Ycs, he ca.meup for sunrise most mornings. Q: But be is really giving you a lot of attention. What did you see in all the attention he was giving you? A: I saw a nice guy who was trying to help me with my career. Q: What kind of knowledge~ he have about your personal life7 A: Just about my commissioningpackage, the NJP, my DUI. Q: What is going on about this email about movies? Would you watch movies together? A: Toe CO would call and reco£IllDendmovies lo be shown on the ship. Q: Did you mention your relationship with your parents to the CO? A: No, I don't think so. Q: What is this "plan" he Isreferring to in his emails? A: I have no idea. Maybe about the steel beach that we have on the ship where he would come out to see what the other Sailorswere doing. Q: Did you ever eat a meal together? A: Maybe at steel beach but I usuallyjust drink a protein shake on the Bridge. Q: What is be talking about in this email about you wearing glasses? A: I wear contacts; that is what he is referring to. Q: Did you ever go to his cabin? A: After watch sometimes I would stop by and talk, just outside his cabin. Q: What did you view this relationship like? A: Like friends; he was someone I could confide in and talk to. Q: What are thc.5eemails where he is asking you about his grooming? A: Sometimes they relax the groomingstandards so be was asking if he should shave his beard. Q: Wouldn't you descnl>ethat as flirting? A:Yes. Q: Did be ever complain about the crew to you? FOR OFFICIALUSE ONLY- PRN ACY SENSITIVE Any misuse or unauthorizeddisclosure may result in both civil and criminalpenalties. 3 A: No. He used me as more of a pulse check with regard to any rumors or the commandclimate on the ship. Q: When did the quantity of all these emails start? A: At the endof January 2018. Q: Why did be have such a strong interest in you? A: I think after setting aside the NJP and then working together for the commissioningpackage, be saw that l would make a strong officer. Q: Did you ever listen to music together? A: He would play music over the lMC and in the chart room off the Bridge. Q: What are all these instances in emails of him talking about "hanging out'' with you? A: I think he bas a loose definitionof banging 0t1L He may have just seen me when I was on watch. Hanging out could mean when he came up for the sunset. His definition of hanging out was just seeingor talking to me on the Bridge. Q: This email on April 27. 2018 when he said he was going to leave the door open for you, what does that mean? Do you think he is pursuing you? A: Maybe be was pursuing me. Q: When did the emails start escalatinglike this? A: The emails started in January 2018 and escalated from there. Maybe because I am around a Jot, on the C Bridge and he sees me a l(?l Q: What kind of things would you talk about in his cabin? A:.He told me that he had an IG wi~ that he was worried about and that his wife was worried about it. He told me that his son is doing lacrossejust like him and he told me that his wife and him were having marital issues. · Q: What is the JG about? A: ~ fficer was complainingthat he was not treating everyone fairly and using vulgarity. Q: Did you ever see him act that way? A: No. I never heard bim yell at anyone. Q: Okay but he wants to talk after you stand watch- he isolates you -you're in his cabin talking about the IG - he is asking y,ouif you can stop by. How frequently did this happen? A: Every night or other night, I would stop by for about an hour or an hour and a half. Q: In his cabin? A: Yes. FOROFFICIAL USE ONLY....:PRIVACY SENSITIVE Any misuse or unauthorizeddisclosure may result Jnboth civil and criminalpenalties. 4 ENCLOSURE~) Q: Was it ever romantic? A: No. I thoughtit was on a path of developing a really strong .friendship. Q: Did your friends know? A: Yes, and no one really thoughtanything ofit. Most of my friends knew. No one questionedit The door was always open and I alwayssat in the chair by the door. Q: What did you talk about? A: We talked about sea stories/experiences.He admittedhis marriage was having difficulty- no specifics though. Q: What specificallyabout his marriage? A:.Nothing that made a lasting impression. Q: What did you tell him in those meetings? A: I talked about how I was struggling with my LPO and that's when he told me abou- md the IG. Q: Did you listen to music togetherin the cabin? A: He always had music on. Q: How far did the CO take it? A: Just friendship. Q: Did be ever try and touch you? A:No. Q: Did theXO know? A: The XO knew about my NJP set aside and commissioningpackage. Q: Did the XO know you were spending an hour a day in the CO's cabin? A:. I don't think so, Q: Did he ever offer you anythingto drink? A:.Water or tea. Q: Anything else? A:No . Q: Why did he ask you to stop by initially? A: I had put in an OTEP requestto extend and I got selectedfor MICHAELMURPHY which is not what I wanted. I was already established.on boardHOPPER. FOR OFFICIAL USE ONLY-PRIVACY SENSmvE Any misuse or unauthorizeddisclosure may result in both civil and criminal penalties. 5 EhGLOSURE(b) Q: But is him askingyou to stop by due to the OTEP normal? Isn't that somethingfor the XO? A: l didn't questionit because I told him about it becauseI had a better relationshipwith the CO thanthe XO. Q: How was he doing you favors -as a mentoror maybeas somethingmore? A:.I never took it as anythingmar~ I was naive. Q: Do you thinkhe pressuredyou at all? A: He was alwayswanting to talk all the time and confidedin me about the IO and his home life and be was always the one to help me with everything. Q: Was bis help parental? Or was it like a CO? Or was it romantic? A: It was romantic. Q: Did he ever ask you to be deceptive or lie? A: No . Q: Did be ever try to set himself in position to touch you? A: No. The CO wasn•t a touchy person. I never experiencedthat. It never went beyond fri~dsbip. Q: Did you ever disclose to him that you didn't want romance? A: No. I wantedhim to have someone to talk to so I didn't cut it off. Q: You don't think the CMC or the XO knows? A:. No. Q: Did the CO ever ask you to hide anything? A:No . Q: Did he ever isolate you on the Bridge? A: Not by ourselves,no . Q: Was he ever distractedfrom bis duty? A: I don't lhink so. He alwaysput the ship first. Q: Do you know anythingabout an incidentregarding an UNREP? A:Yes. Q: On that instance, was be there? A: I was training- I was th. of the Deck so I was totally unaware what was happening,but I thinkhe was on 1heBridge. Q: Did he ever bringfood lo his cabin for you? FOR OFFICIALUSE ONLY-PRIVACY SENSITIVE Any misuse or UDauthorizcddisclosure may result in bothcivil and criminalpenalties. 6 ENCLOSURE(lo) A: Pizza. C Q: You said your meetingswere around 2130? A: Sometimesat 2345, dependingon when I got off watch. Q: Was there anythingdifferent about the 2345 meetings? A: I was exhausted. Q: Did he offer you anythingto drink? A: Just water and tea, nothing other than that. Q: You just didn't pay attention lo him hitting on.you? Wes there anyone else he talked to? A: I think he talkedto the XO. Q: I want to go back to this email asking about "executingthe plan" - wbat is he talking about? A: I think he means stoppingby the cabin. On one instance,we bad a gun shoot and then I stoppedby after that so I think that is what he's referring to. Q: Was the door always open? A: Yes. Q: Did you ever use the bathroom while you were in the cabin? A: I believe I did once. Q: It sort of seems like he's acting like a puppy dog boyfriend. Was he not eager for a good night kiss? A: No, he was nol. Q: Did you ever watch a movie with him? A: He was on the flight deck when a movie was getting played. Q: Did you ever spend time together in port? - to,JA,.1~/,-./ A: We bad beer on the pier in Guam and in Qttetaf:f,There was a liberty group of about 4 ofus, a few ETs, the CO, XO and me. The XO came with because the CO and XO always went out togelhc:r. Q: What about this email where be is talking about lookingat the stars with you? A: I believe be is talking about celestial navigation and wanting informationon it. Q: But it seems like he is flirtingwith you? Did you ever flirt back? A: Yes. He was very nostalgicabout bis last day underway. FOR OFFICIALUSE ONLY -PRN ACY SENSITIVE Any misuse or unauthorizeddisclosure may result in both civil and criminalpenalties . 7 ENCLOSURE(lD) I have reviewed the above summaryof interviewand. by my signaturebelow, swear (or affirm)that it is ( true and accW"ateto the best of my knowledgeor belief. and was made freely and voluntarily,without any promises or threatshaving been made to me or pressure or coercion of any kind having been used against me. 1 '2.IHA'/18 ! ?I Ml"{ 2or1 Date Date C FOR OFFICIALUSE! ONLY - PRIVACY SENSITIVE Any misuseor unauthori2eddisclosure may result in both civil and criminalpenalties. 8 SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT (See JAGMAN 0170) FOR PURPOSES OF CAPTAIN'S MAST RA'I:Z/IWOC SDVICE (.iwte:BI - OSN USS HOPPER (DOG 70) ~ (nm:RVIZWEIII IIIK ONoNIJZMJ0tl BILI.Er J.OCl.ff0tl 01' DnEIIVIElf RIGHTS I certify and acknowledgeby my signature and initials set forth below that, before the interviewerrequested a statementfrom me, he warned me that: (1) I amsuspected of having committedthe followingoffcnse(s) : Article 92 (Fraternization), Article 107 (False Official Statement),Article 134 (Adultery) (2) I have the right to remain silent; ------ (3) Any statement I do make may be used as evidenceagainst me in trial by court-martial,- -- - - (4) I have the right to consult with lawyercounsel prior to sny questioning. This lawyer Counselmay be a civilian lawyer retained by me at my own expense, a miUlAr}'lawyer Appointedto act as my counsel without cost to me, or both; and ------ (5) I have the right to have such retained civilianlawyer and/or appointed military lawyer Present during this interview. ------• - • • • ------ W AIYER OF RIGHTS I further certify and acknowledge that I have read the above statement of my righl3and fully UDdcrstandthem, and that, ------ (!) I expresslydesire to waive my Jisbt to remain silent; ------ (2) I expresslydesire to make a statement;------ (3) I expresslydo not desire to consult with either a civilian lawyer retained by me or a military lawyer appointed as my counsel wilhout cost to me prior lo any questioning;------ (. (4) I expresslydo not desire to have such lawyer presentwith me during this interview; and - - - (5) This acknowledgmentand waiver of rights is made freely and voluntarilyby, andwithout anypromises or threats having been made to me or pressure or coercionof any kindhaving been ( used against me.------•• - • - • ------TD£ IIAn C81'5 21 HAY/8 TlME llA1'E IIAT& The statementwhich appears on this page (and the following__ page(s), all of which are signed by me), is made freely and voluntarilyby me, and without any promises or threats having been made to me or pressure or coercion of any kind havingbeen use 8IGNA%UBE CA.couaed/Su.,paat) 2 Sec nd Interview (17 MAY 18/1515) Q: Your CO just admittedto everything,so you don•t have to protect him anymore. When did it become romantic? A:.Beginning of February 2018. Q: Did you havea sexualrelationship in his stateroom? A:.Yes. Q: Did you ever meetoutside the ship? A:. He came to my apartment a few times. Q: Wouldyou say it was more thanjust sex? A!Yes. Q: Did you end things? A: Ycs, a few days ago. Q:Why? A: I felt guilty. He has a family and I didn't want to be the cause of the divorce. I wanted to do the right thing, even though I clidn't initially. Q: Do you love him? A: No, I deeply care about him but I don't love him. Q: How did you get into this? A: Just him being so invoJvedin my career and I was very comfortablewith hlm. He was easy to talk to. Q: Would you say be bad an emotionalneed? A: Maybe, I was there constantlyso I could see him latching on. Q: Any advances1hal were unwelcome? A:No. Q: Were most of these nightly visitsjust aimed at sex or were they date night? A: I would say 50/50. It was never aboutjust sex, we enjoyed talking together. Q: Did you ever talk about the future with you two? A: He did a little bit. Q: Did he ever have a plan to run off with you? A:No. FOR OFFICIALUSE ONLY - PRfVACY SENSITIVE Any misuseor unauthorizeddisclosure may result in both civil and criminalpenalties . ENCLOSURE(7) Q: Does anyone on the ship know? C A: I toldm 'end. He was really mad at me-it shocked me how mad he was. He told me to end it, so I did. Q: Do you think your CO bad fantasiesof romantic involvementswith you? A:Yes. Q: When did the cabin visits first start to become romantic? A: First, it wasa few weeks of getting updates on NJP set aside and OCS packageand then about a month in is when it escalated. Q: How did it escalate the first time? A: I was sittingon the couch and he put bis chair next to me and said, "I really want to kiss you right now" and I didn't object. Q: Do you think the total number of times you bad sex on board was more than 10? A:Yes . Q:How about in your apartment? A: Maybe 3 times. Q: So you had sex with him more than 10 times on board and about 3 times in your apartment? A:Yes . C Q: Anything else you want to tell me? A: I think you have everything. It is obvious we were together. We had a relationshipfor a few months and that's about it. Q: Is your apartmentoff base? A:Yes . Q: How do you feel? Relieved? A: A little bit I know I made a mistake, but I still did it, consciously,and there was never any alcohol involvedso I feel like an idiot Q: Are you going to be okay? Are you suicidal? A: No, life goes on. I am not sufoidal. Q: Well please don't talk to the CO. So no one figured it out? A: I heard a rumor that they saw me leave his cabin but I don't know. Q: How did you get to his stateroomwithout anyone seeing you? FOR OFFICIALUSE ONLY - PRIVACY SENSITIVE Any misuse or unauthorizeddisclosure may result in bothcivil BDdcriminal penalties . 2 ENCLOSURE(1) A: At 2100 no one is really around. C Q: Did be ever tell you to keep quiet? A:No. Q: How did you leave? Did he look down the passage way and tell you all was clear? A: Yes, and I should have lmown then since I had to sneak out it was wrong. Q: Do you think he understandsthat be was in love with you? A: I thinkhe was but I thinkbe knew I wasn1t in love withhim. Q: You enjoyed talking to him and he enjoyed talking to you? A: Yes. Q: Did you ever fix him dinner? A: Yes. Q: What was the gift you gave him? A: A cocktail shaker. Q: How much does he drink? A: Maybe 2 or 3 drinks. Not more than the average person. He drinks vodka but I don't drink liquor so I usually had a glass of wine. Q: XO doesn't know? CMC doesn't know? A:No. Q: When did you confess to th A: End of January 2018. l have reviewed the above summaryof interview and, by my signature below, swear (or affirm) that it is true and accurate to the best of my knowledgeor belie~ and was made freely and voluntarily,without any promises or threats having been made to me or pressure or coercion of any kind having been used against me. I 'Zl/4Avl8 Date (witness) Date FOR OFFICIALUSE ONLY - PRIVACY SENSITIVB AIJ.ymisuse or unauthorizeddisclosure may result in both civit and criminalpenalties. 3 ENCLO~URE(1) SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT (See JAGMAN 0170) FOR PURPOSES OF CAPTAIN'S MAST C ISlf RHI/JWUC SEIIVtCE (BMNC:111 - USN USS HOPPER (DOG 70) JOH: IDm:RVIE'1ER1 ORG»1I ZA'rIOlf lllLLET L00,'1'ION OF INTEI\VIEW RIGHTS I certifyand acknowledgeby my signatureand initialsset forth ~low that, before the interviewerrequested a statementfrom me, be wemed me that (1) 1 am suspected ofhavini committedthe following offcnse(s): Article 92, Fraternization, Article 107, False Official Statement,Article 134, Adultery C (2) I have the right to remain silent; ------(3) Any statement I do make may be used as evidence against me in trial by court-martial,-- - - - (4) I have lhc right co consult with lawyer counsel prior to any questioning. This lawyer Counselmay be a civilian lawyer retained by me at my own expense, a military lawyer Appointedto act as my counsel without cost to me, or both; and ------ (5) I have the right to have such retained civilian lawyer and/or appointedmilitary lawyer Preseol during this interview. ------• ------ WAIVER OF RIGHTS I further certify and acknowledgethat I have readthe above statement of my rights and fully understandthem, and that, - - - • - • ------• ------ (1) I expresslydesire to waive my right co remain silent; ------ (2) I expresslydesire to make a statement; - - • ------• ------• - - - - • - - - • - - - - • - (3) I expresslydo not desire to consult with either a civiliBDlawyer retained by me or a military lawyer appointedas my counsel without cost to me prior to any questioning;------ (4) I expresslydo not desire to have such lawyer present with me during this interview; and - - - {SJThis acknowledgmentand waiverof rights is made freely aud voluntarilyby, and without any promisesor threatshaving been made to me or pressureor coercionof any kind having been used againstme.- -- - - • ------• ------n I It •• 1-,..t t • DAU /f)l,IAYIB 'tD1E DJ.ft IIGRUUltll (WI i'MEUI The statementwhich appears on this page (and the following__ page(s),all of whicharc signedby me), is modefreely and voluntarilyby me, and withoul any promisesor threatshaving been made to me:or pressureor coercionof anykind having been used againstme. SJ:~ (Aceused/A,apect) C 2 ~~==~=(18 MAY 18/1030) C Q: Now that you've had chance lo clear your mind, anything else you can think of! A: No, Sir. I don't think so. Q: I want to talk to you specifically about the government emails when the CO referred to executing "the plan." What docs executing "the plan" mean? A: "The plan" meant for me to stop by his stateroom after I got off duty and hang out with him at night. Q: When you say "stop by and hang out..,you mean bang out, cuddle. sometimeswatch movies and sometimesengage in sexual intercourse? A:Yes . Q: Are you confident that he knew that was the meaning of "the plan"? A:Ycs. Q: How did you get in his stateroom? The XO said there needed to be a combo to get in the area. A: He would always leave bis door open for me. Q:To clarify, the plan was at 2130 he wouJd open his door for you to come into his stateroom? A:Yes. Q: He would close the door behind you? C A:.Either he would or I would, yes. Q: With regard to the sexual encounters on board the ship, you said at least 10 sexual encounters on the ship in hls stateroom,correct? A: Yes. Q: Did you ever meet up anywhere else other than your apartment,the steel beachor beer on the pier? A: No, just in my apartment. Q: Have you had any problems with him reaching out to you? A:No. Q: Have you had any problems wilh anyone harassing you? A:No. Q: When was the actual date when all this started? A: We pulled into port in Singapore around the middJcof January2018 and it startedafter that Q: Tell me bow the escalationoccurred. A: It started by him emailing me and asking to provide more informationregarding the NJP set aside and my OCS package. Then it just became a thing where I was constantly stoppingby almost every single night. It escalated kind of randomly. FOR OFFICIALUSE ONLY - PRIVACY SENSITIVE Any misuse or unauthorizeddisclosure may result in both civil and criminalpenalties. ENCLOSURE() Q: The NJP set aside was before Singapore? ( A:.Yes. Q: When he began inviting you to his cabin, were the initial meetings pretty much alwa}'! professional? A: Yes, before Singapore, the meetingsabout the NJP set aside and the OCS package were all professional Q: The first time it escalated into romance, you were silting on the couch and he pulledup his chair next to you and then uttered the phrase, "I really want to kiss you right now"? A:Ycs. Q: Did that surpriseyou? A: No, it dido 't surprise me because I could feel the attraction between us growing. I guess I was a little bit surprised but I didn't do anything to stop iL Q: Did you have sexual intercourse the first night he kissed you or was it just kissing? A: No, we didn't have sex that night. There was just heavykissing and petting. I stayed in his cabin that night and I believe I was only wearing my underwear. Q: Would it be fair to say that after that first night, the email intensity took offl A:Yes. Q: Did he tell you be wanted to see you again after the first night? A: Yes, I am pretty sure I went back to his cabin the next night. C Q: Then it became a thing where you were stopping by every night? A:Ycs. Q: How did you get out of his cabin in the morning? A: He would walk out and check to sec if the coast was dear and then I would leave. Q: When you pulled back into port during February and March 2018, what was the romantic activity like? A: We only saw each other about once a week. He came to my apartment a handful of times. Q: He came to your apartment 3 or 4 times? And spent the night? A: Yes, he came to my apartment a handfulof times and spent the night twice. Other times he would come for just a couple hours. Q: When you went back underway to SOCAL, that is when "the plan" became a thing in the emails? A:Yes. Q: At that point, you were spending the night in the CO's cabin every single night? A:Yes. FOR OFFICIALUSE ONLY - PRIVACY SENSITIVE Any misuse or unauthorized disclosure may result in both civil and criminal penalties. 2 ENCLOSURECT) Q: Were your bunkmatessuspicious at all? ( A:.No, no one else stood watch in my berthing so no one really noticed or cared where I was. Q: On the San Diego underway, you spent every night in the CO's cabin with a number of nigb!s including sexual intercourse? A: Yes. ~ coofcssed... whydid the relationshipcontinue after that? Did youjusl not talk to A: It didn't really hit home until recently. I realized that I didn't want to Ios~ cndshipand what I was doing was wrong, so I broke it off with the CO. Q: Was he upset? A; Yes, he was very upset, but we still talked every day. Q: During the April 2018 time frame,he came to your apartment? A:Ycs. Q: You had another week-long underway in the Hawaii area, correct? Was that underway more of the same thing - spending every night in the CO's cabin? A:Yes. Q: Do you think you were the first person that the CO had fallen for? A: Yes, that is whathe told me. Q: Was your DepartmentHea ~ was he just oblivious to this whole thing? A: I don't thinkhe was oblivious, but maybe just surprised ifhe found out. Q: Do you think the fact that no one knew about it was a result of you and the CO being effectiveat hiding it? A:Yes. Q: Did you ever observe the CO lying to keep it quiet? A:No Q: Did anywatchstanders come into the CO's cabin to report their relief? . A: No, at night the watcbstandersdon't report their relict: Q:Did you ever route night orders? A: Yes, once or twice. Q: The CO has a Top Secret clearance and you have a Secret clearance, did he ever discuss with you classified informationthat you were not authorizedto know? FOR OFFICIALUSE ONLY-PRIVACY SENSmvE Any misuse or unauthorizeddisclosure may result in both civil nnd criminal penalties, 3 A:No. ( Q: After you conned the ship, did you have any issues? A: No, the CO and XO were standing right beside me. Q: Did you ever see the Conning Officer meke a mistake and the CO was not there? A: No. It couldbe possible but I personally did not witn~s it. Q: Thinkingback from day one, what other methods of coJllnlunicationdid he use to contact you? A: Text messages, phone calls, emails, both from Gmail and the government email. Q: Any snapchat, Instagram or Facebook? A: No, tbe CO doesn't have any social media accounts. Q: Did be ever send you any written notes? A:.Yes. He sent me the birthday card and one time he put something out to the crew that upset me, so be typed up a letter to me that apologized for that. Also, in that letter he asked if there was an attraction between the two ofus. Q: And shortly after that is when the sCXllalencounters began? A:Ycs. Q: Any odd behavior during the sexual encounters? A:No. Q: What time in the morning did you leave the cabin? A:.I left the cabin just before 0500. I would eat breakfas~ then have watch at 0600. Q: Did you have any personal effects in the cabin? A: Yes, a tootl1brush. Q: When you stayed in his cabin, was your rack just made the whole time? A: I used my rack frequently to take naps during the day, so it was used. It wasn't made the whole time. Q: There was never anyone around to check on you at night? A:No. Q: Again, nights in the CO's cabin, watching TV, watching movies, sometimes romantic encounters, sometimesnot, aDdsometimes s1eepingover without clothes and sometimes with clothes? A:Yes. Q: Did be ever threaten you? A:No. FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE Any misuse or unauthorized disclosure may resu1tin both civil and criminal penalties. 4 ENCLOSURE(i) Q: Did he ever tell you he loved you? C A:No . Q: Did you evertalk about the future? A: We light heartedly talked about tbc futme. He talked about when he got out of the Navy that he wanted to open up a bar and then be wantedme to help himrun the bar a.Ddwork there. But that was about it I made it very clear that I did not want him to leave his wife to try to be with me, that was not okay. Q: Jfhe contacted you and told you that he got divorceda.Dd wanted to be with you, you wou1dn't be interested? A:No. Q: ls there anything else that you want to tell me? Are there any surprises that I shouJdbe aware of? A: He bought me a tool bag when I moved into a new apartment, It bad a hammer and a tape measure and things like that. Also, when he came to my apartment, be brought a bottle of scotch, but the scotch was only for him to drink. Q: Were you ever concerned about birth control? A: No, I am on birth control Q: So he bad a discussion with you about birth control? A: Yes, after the first night that we kissed but didn't have se.x,we had a discussion about birth control Q: You never saw him keep condomsin his stateroom? A: No, not that I saw. l have reviewed the above summary of interview and, by my signature below, swear (or affinn) that it is true and accurate to the best of my knowledge or belief, and was made freely and voluntarily, without any promises or threats having been made to me or pressure or coercion of any kind having been used against me. I '2IHA'{J Dale itness) Date FOR OFFICIALUSE ONLY - PRIVACY SENSITIVE Anymisuse or unauthorized disclosure may result in both civil and criminal penalties. 5 MILITARYPROTECTIVE ORDER C PRJVACYACT STATEMENT In accordance with the Privacy Act of 1974 (Pubfic Law 93-579), this notice informs you of the purpaaa of the form and. haw It will ba used, Please read it carefully, AUTHORITY:5 U,S,C. 301, Departmental Regulations; 10 U.S.C. 138, Under Secr•~rv of Defense for Personm,I and Readiness; and National Defanu Authorization Act for Fiscal Year 1995, Sec. 534. PRINCIPALPURPOSEISI: To Inform the service member and the protected person thet the commanding officer Is Issuing an order to the member prohlhiting contact or communication with the protaciad person or mambara of the protected person'a famUy or household and directing that the member take specified actions thet support, or are Jn furtherance of, the prohibition. ROUTINEUSEISI: Any releue of information outside of the Department of Defense shall be compatible with the purposes: for which the Information la balng collected and shall be in accordance with an establlshad rautlna usa for the record system where the lnfOl'matianls maintained, DISCLOSURE!Voluntery. Failure to disclose/verify lnformatlon wnt not delay either the lssuence of tha order or the enforceablUtyof tha order. 1. SERVICEMEMBER 2. PROTECTEDPERSON (lmportrmt; &N! NOTEJ a, RANK •• RANK b, LAST NAME FIRSTNAME Ml CDR. TAMULEVICH JEFFREY s a, UNIT c. UNIT -USS HOPPER(ODO 70) USS HOPPER(ODO 70) d. INSTALLATION d. INSTALLATION JOINTBASE PEARLHARBOR-HICKAM JOINTBASE PEARL HARBOR-HICKAM C ■arvfce NOTE: Omit Information In Item 2 that, If known to the member In Item 1, could endangerthe protected person. 3. INFORMATIONSUPPORTING ISSUANCE OF THIS MILITARYPROTECTIVE ORDER Ongoingln,·cstieation Into 11Uc1cdrra1crnization. 4. THE PROTECTEDPERSON HAS ALSO BEENISSUED THE FOLLOWINGC'OURT ORDERS: a. Clvilprotection order issued fD■t•• YYYYMMDDJ______, In______Court. ______County, State of ______C/ 1----11------..---rP-ro-peny--S-attl-11m-,n-t-t b. Order issued tD■to• YYYYMMDD_J______, In ______Court, County, State of Custody and/Qr ------Visitation DD FORM 2873. JUL 2004 PREVIOUSEDITION IS OBSOLETE. ENCLtiS111fE(q) 5, A1 a Commanding Offfc■rwith Jurf1dlctian over the abov•namad servlc• member, I find that there 11aufflol1nt r■asonto conclude that th■luuanc, of ■n order Is wa,nm■d In th■ but ln1trut of goad order and dlsciplin1. It 11 hereby ordered that (lnltl.t appllcabloportions/: ( • · Th■ 11bov•named 111,vlcem ■mbar11 restnilnad from Initiating anv contact or communication with the 11bov1•namedprotected person ■ith■rdlrecUy or through II third party. For purposes of this order, th■term "convmmlcatlon" lnclud■s,but Is not limited to, communication in person, or tlvough a 1hfrd party, via fac•to· faccontact, ■ t■l■phone,or In writing by l■tter,data fax, or electronic mail. If th■ protect.«! per■oninitiates any contact with the service member, tha sarvlce member must Immediately notify ma ragardlng the facts and clrcum1tance1 surrounding such contact . b. Tha abovo-namad service mambar sha0 remain at all tlm111and places at least 500 feat away from the abova-named protected parson and m■mb■rsof the protected parson's family or hous11h11ldincluding, but not limitedto, resldences and workplaces. Members of the protected person's fam ily or household include: c. The abov■-namadservice member wRI vacate tha mlfltary r1sld11nce shared by the partie■located 11t: d. Until further notified, the ebove-n1m1d aervlca member will be provided temporary military quarter, et: 11, The eibove-named service member will ett■ndthe following counseling: f. Tha abov .. named service memb■rwill surrender hi,Jher government weepons custody card at the time of Issuanceof this order. C g. Th■ abov• named nrvlce member will dlspo11t1of his/her personal firearmls) that ar1 toc■tedor stored on the installation et tha time of Issuance of this order, h. Exception, to this order will be granted only after an advance request Is made 10 ma and approved by me. I. Other specific provisions of this order: The above namedmember is at no time to contact the protecled person, neither directly nor through teleph011cc1IIJ, text mc:s511&cs, or any fom1of clc:clrDalcmedia. to IncludeFace Book, Twitter.SllllpCbat, l4stagram, etc. 6. DURATION: The term• of this ordar shall b1 effacdve until 18 June 2018 , unl111sooner rescinded, modified, or extended In writing by me. ------ENFORCEABILITY: Violation of thb order or an applicebla civilian protection order shall constitute a violation of Ar11cle90 of the UnlfOfm Coda of MIiitary Justice. . 1 . COMMAND ...... b. DATE IYYYYMMODJ 2~18@~/ (.. 7. I hereby I o r celpt f. PY nd auest that I understand the terms and conditions It Imposes on me, 1. SERVICEMEMBER'S SIGNAllJRE b. DATE IYYYYMMDDJ Service mamber Protected pet1on lCtl1todiel parent of p,ou:cted chndl Service member'• local personnel file 00 FORM 2873 fBACKJ, JUL 2004 ENCLOSURE(q) MILITARYPROTECTIVE ORDER PRIVACY ACT STATEMENT In accordance with the Priv11cyAct of 1974 IPubfic Lew 93-579), this notice informs you of th• purpose of the form and how 11will be uud, PIHH read lt cerefully. AUTHORITY: 5 U,S,C. 301, Departmental Regulations; 10 U.S.C. 136, Under Secretary of Defense for Per1onnel and Readiness; and Nat/oruil Defensa Authorization Act for Asel!! Year 1995, Sec. 534. PRINCIPALPURPOSE(S): To fnform the servlca member and the protected person that the commanding officar Is Issuing an order to the member prohibiting contact or communication with tha protected parson or members of the protected person's family or household and directing that the m,mber take specified actions that support, or ar11In furth1rance of, the prohibition. ROUTINEUSEIS): Any release of Information oublde of the Department of Defense shad be compatible with the purposes for which the fnformatlan la being collected and shall be In accordance with an es1abTTshedroutlna use for the record systam where the Information is m■lntalMd, DISCLOSURE: Voluntary. Failure to dlsclosa/verlfy Information wlll not delay either the Issuance of the order or the anforceablntv of the ordor. 1. SERVICEMEMBER 2. PROTECTEDPERSON (Important: &H NOTE/ a, RANK b, LAST NAME FIRST NAME Ml CDR TAMULEVlCH JEFFREY s c. UNIT USS HOPPER(DOO 70) USS HOPPER(DOG 70} d. INSTALLATION d. INSTALLATION JOINTBASB P.EARLHARBOR-JilCKAM JOINTBASE PEARLHARBOR-JilCKAM NOTE: Omit Information In lt1m 2 that, If known to the 111rvlcemember In lt■m 1, could endanger the protected person. 3, INFORMATIONSUPPORTING ISSUANCE OF THIS MILITARY PROTECTIVEORDER Ongoin&invcstiaation Into aUcacd rratcmlzatlon. . .. 4. THE PROTECTED PERSON HAS ALSO BEEN ISSUED THE FOLLOWINGCOURT ORDERS: a. Civ~ protection order issued (Ollie• YYYYMMODJ------, In ------Court, ______county, State of ______( ,1---4---______....::..----~--- Propeny Setd,m,nt b. Order Issued (D•te • YYYYMMDDJ______, In ______Court, ______County, State of ______Cu■tody:111d/0r Visitadcin DD FORM 2873, JUL 2004 PREVIOUSEDITION IS OBSOlETE. ENCLOSUR!uo) 6, A• ■Commanding Officer with Jurfsdlctlon over the above-named servh:1 mamber, I find that th11e Is sufficient r-■son10 co11cfudethat the fuunnce of an order Is warranted In the but Interest of good order and dlsdpin■,It Is hereby ordered that (fnltl•I ,pplk.blt, port#ons): a. Tha above-named service member ls restrained from Initiating any contact or communlcatfcn with the abov•nam■d protected per5on •ith•r directly or th,01,1gha third party. For purpose■of this order, the tenn "communlcctfon• Includes, but Is not Umltedto, communication in person, or through a third party, via face-to• face contact, telephone, or In wrltlng by latter, data fax, or alectrontc maH. If 11,eprotected person Initiates any contact with the 111rvlcamember, th, service member must Immediately notify me regarding the facts and clrcumstBncn surrounding such contact. b. The abov•namad service member shall remain at antines and places at 111st S00 f-■t■ wayfrom the above-named pratected parson and members of tho protected person's family or household Including, but not limited to, restd■ncHand workplaces. Members of the protectad parson's family or household include: c. The above-named service membar wBI vacate the mTiitaryresidence shantd by the partiu located at: d. Until further notlflsd, the above-named service member wll ba provided temporary mllltery quarters at e . The above-named service member will attend the following counseling: f. The above-named service member wfll surrender his/her government weapons custody card at th■time cf Issuance of this order. g, The above-named service member wiUdispose of his/her personal flrearmlsl that are located or stored on the lnstellation at the time of issuance of this order. h. Exceptions to this order will be granted only after an advance request Is made to ma and epprovad by me. I. Other specific provisions cf this order: The abovenamed member is at no time to contact lhc protected person,acithcr dirccUynor throuahtc\cphonc calls, text messages, or any fonn of electronicmedia, to IncludeFaceBook, Twitter, SnapCbat, !Jlstagram, etc. 6. DURATION:The terms of this order shall be affective until 18 June 2018 , unless sooner rescinded, modified, or extended In writing by me. ------ ENFORCEABILITY:VJolatlon of this order or an eppllcabla clviBan protection order shall constitute II violation of Articl■90 of tha Uniform Code of Mnltary Justice . a, b, DATE (YYYYMMDDI 7. I hereby cknowledge receipt ot e copy of this order end attest that I understand the terms and conditions It Imposeson m,. b, DATEIYYYYMMDDJ ( Protected person tCuatodial parant or problct•d chidl Service member'• local peraoooel fit11 DD FORM 2873 (BACK).JUL 2004 ENCLOSURE(lo) C EfiCLOSURE(ll) ( ENCLOSURE(l') .. .. ._...... ,..,.,...... ,...,...... ,.~""""- 0 ) ENCLOSURE(n) 0 ) ENCLOSURE(\\) (' C EtiClOSURE(I\) El!CLOSURE(tl) ( ( C ENCLOSUREO\) ( EftCLOSURE(i \) C.. E~CLOSURE(li) 5830 ( l6 May 18 From: Staff Judge Advocate, CNSG MIDPAC To: LAN Administrator, USS HOPPER (DDG 70} Subj: AUTHORIZATIONFOR EMAIL SEARCH 1. Based upon evidence presented, Deputy Commodore,CDS-31, pursuant to his authority granted by Commodore,CDS-31 has authorized ou to search the government-controlled shipboardemail accounts o USN and CDR Jeffiey S. Tamulcvicb, USN. Please extract all emails, sent an recetv y both and CDR Temulevic~ between I Sep 17 and the present, and provide them on a compactdisk or other digital media. 2. Upon activationof their shipboard email accounts- and CDR Tamulevichsigned SystemAuthorization Access RequestNavy (SAAR-~ SAAR-N forms indicate that their shipboardemail accounts may be subject to search for law enforcementand personnel misconductinvestigations. The forms further indicate that "[a]t any time, the U.S. Government may inspect and seize data stored on this infoIIIlationsystem" and that "[c]ommuncationsusing, or data stored on, this informationsystem are not private, are subject to routine monitoring, interceptionand search, and may be disclosedor used for any U.S. Government~authorized purpose." In addition to the SAAR-Nfonns, all computerson theshipboard·network display a banner upon login, which notifies the user that computer and network usage is premised on 0 consentto monitoring and search for law enforcementpurposes. 3. A general presumption exists that there is no expectationof privacy in a government-supplied computeror network. However, in the event this presumptionis rebutted. this record of authorizationserves to document the rationale for the search of the above-mentionedaccounts . The evidence presented merits further inquiry and additionalinformation could be discovered within the government-controlledshipboard email accounts. I ENCLOSURE(!~) ( COMMAND AUTHORIZATION FOR SEARCH AND SEIZURE UNITE□ STATESOF AMERICA vs. CDR.JEFFREYS. TAMULEVICH,USN To Commander,Destroyer Squadron THREE ONE Affidavit(s)having been made before me by USN That there is reason to believethat on the personof and/or on the premlsls known as: fdenli(ythe person and/ordescribe the premfsls with particularityand In dele/1 Cellulartelephones in the possessionof CDR JEFFREYS . TAMULEVICH. USN, which is/are under my jurisdiction, There Is now being concealedcertain property,namely: H«e d•scrlbe the prope,ty I , I .. II •• .. ,, ~ I essages, call history, photographs, deleted ilmls and contact lists) offratcmizabon wi C SN. I am satisfied that there Is probablecause to believethat the propertyso descn"bedis being concealedon the person and/or premisisabove describedand that groundsfor appllcatlonfor issuanceof a commandauthorized search exists as stated In the supportingaffidavlt(s) . YOU ARE HEREBYAUTHORIZED TO SEARCH the person and/or place namedfor the property specifiedand if the propertyIs found there to seize it, leaving a copy of this authorizationand recieptfor the propertytaken . You will providea signed recieptto this command,containing a full descriptionof every Item seized. Any assistancedesired In conductJngthis searchwill be furnishedby this command. Date this 17 dayof May 20 18 CAPT, USN, DeputyCommodore Rank, Servi~e,Tille DestroyerSquadron THREE ONE Commend OPNAV 6580/9 (Rev. 11/2006) PREVIOUSE DITION IS OSSa..ETE. FOR OFFICIAL USE O!'I..Y (Wtll!fllilled In) SIN 0107-LF-982·3200 E~CLOSURE03) AFFIDAVIT C USN, being duly swo~ hereby state as follows: I. INTRODUCilON 1. On 16 May 18, I was approached by the USS HOPPER (DDG 70) IDC regarding allegations of fraternizationbetween CDR Jeffrey S. Tamulevich, USN, CommandingOfficer, USS HOPPER (DDG 70) USN. The IDC explained that old her he had seen email communicationsbetween CDR Tamulevich an documenting an unduly familiar relationship. 2. I makethis affidavit in support of an application to obtain a search authorization (made before Commander, Destroyer SquadronTHREE ONE), authorizing a search of the cell phone(s) belonging to ''SUBJECT PERSON'' as identified in Attachment A, for evidence, fruits and instrumentalitiesof violation of the Uniform Code of Military Justice, Article 134,fraternization, ("SUBJECT OFFENSE"). The information upon which this affidavit is based includes email communications,included in Attachment B, as well as information obtained from witnesses. 3. This affidavit is being submitted for the limited purpose of obtaining a search authorization for SUBJECT PERSON's cell phone(s) (emails, text messages, call history, photographs, deleted items and contact lists}. I have not included in this affidavit each and every fact known to me in this investigation. U.RELEVANTSTATUTES 4. Article 134, (Fraternization)UCMJ provides: (1) That the accused was a commissioned or warrant officer; (2) That the accused fraternized on terms of military equality with one or more certain enlisted member(s) in a certain manner;(3) That the accused then knew the person(s) to be (an) enlisted member(s); (4) That such ftatemization violated the custom of E[GLOSUBE(IJ) person(s) to be (an) enlisted member(s); (4) That such fraternizationviolated the custom of the accused's service that officers shall not fraternize with enlisted members on tenns of military equality; and (5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the anned forces. ID. DEFINITIONS 5. "Fraternization"is define.das ..A violation of the custom of the armed forces... Not all contact or association between officers and enlisted persons is en offense. Whether the contact or association in question is an offense depends on the surrmmding circwnstances. Factors to be considered include whether the conduct bas compromised the chain of command, resulted in the appearance of partiality, or otherwiseundermined good order, discipline, authority, or morale. The acts and circumstances must be such as to lead a reasonable person experienced in the problems of military leadership to conclude that the good order and discipline of the armed forces has been prejudiced by their tendency to compromise the respect of enlisted persons for Lheprofessionalism. integrity, and obligations of an officer." ill. PROBABLE CAUSE 6. As backgrowid, an allegation of suspected fraternization was brought to my attention by the USS HOPPER JDC. The aforemention- old the IDC he was using a shipboard computer whil was logged-on when an email notification popped-up from CDR Tamulevich wbichwas unduly familiar. Th took photographs of several emails from CDR Tamulevich which documented an unduly familiar relationship. After I reviewedthose photographs, I received authorization from CDS-31 to retrieve government shipboard email communicationsbetween CDR Tamulcvicb an om USS HOPPER. Those 2 emailsconsisted of approximately300 communicationsbetween CDR Tamulevich an ( ftom27 APR 18 and 13 MAY 18, many of which documentedan unduly familiar relationship. The emailsalso descnbedcommunications between CDR Tamulevich ia Gmailwhich were not storedon the USS HOPPERnetwork. The government email communicationsceased on 14 May 18 when the ship returnedto homeport. VI. CONCLQ§ION 8. Basedon the facts and circumstancesdescr ibed above,I believethat probablecause existsthat the SUBJECTPERSON's cellphone(s) could provide evidence of criminalvioJations of the SUBJECT OFFENSE, and couJdhelp prove the SUB USN Subscnbedand sworn to me 018. ,4~C) VfrJ , e.#.JS~fit't:/Plt 3 ( ATTACHMENT A PERSONTO BE SEARCHED: The SUBJECTPERSON is CDR J elfrey S. Tamulevlch,USN male, assignedto the USS HOPPER(DDG 70). C 4 ENCLOSURE(l3) ATIACHMENTB ( See attachedEMAIL COMMUNICATION. 5 EfJCLOSURE(I:,) ( COMMANDAUTHORIZATION FOR SEARCH AND SEIZURE UNITED STATESOF AMERJCA vs. ~ SN To Commander,Destroyer Squadron THREE ONE Affidavit(s) having been made before me by SN That there Is reason to believe that on the person of and/or on the premlsis known as: ldflf'lt/fyth& person encVordHCtibe • • • • I • and In deleO Cellulartelephones in the possession o I USN, whichis/ere undermy jurisdiction, There is now being concealed certain property, namely: Herv desctibethe property Evidence (emails, text messages,call history, pholoSJllpha,deleted itemsand contact lists) of fraternizationwith CDR JEFFREYS TAMULEVICH,USN . I am sattsfledthat there is probable cause 10 believe that the property so described Is being concealed on the person andlor premisis above described and that grounds for applicationfor Issuanceof a commandauthorized search existsas s1atedin the supporting affidavit(s). YOU ARE HEREBY AUTHORIZED TO SEARCH the person end/or place named for the property specified and if the property is found there to seize it, leaving a copy orthis authorizationand reciept for the property taken. You will provide a signed reciept to thfs command, contalnlng a full descriptionof every item seized. Any assistancedesired In conducting this search ~II be furnished by this command. Date this 17 day of May 20 18 CAPT, USN, DeputyCommodore Rank.Service, Tl1/e DestroyerSquadron THREE ONE Command OPNAV 6680/9 (Rev.11/2006) PREVIOUSl:DITlON IS OBSCA..ETE. FOR OFFICIALUSE 0111.Y ~ filad ill) a.ti 0107-lf.982-3200 AFFIDAVIT I USN, being duly sworn, hereby state as follows: L INTRODUCTION 1. On 16 May 18, I was approachedby the USS HOPPER (DOG 70) IDC regarding allegations of fraternizationbetween CDR Jeffrey S. Tamulevich,USN, CommandingOfficer, USS HOPPER {DOG70) an USN. The JDC explainedtha - told her be had seenemail communicationsbetween CDR Tamulevich an documentingan unduly familiarrelationship. 2. I make this affidavit in support of an application to obtain a search authorization(made before Commander,D~troyer Squadron THREE ONE), authorizinga search of the cell phone(s) belongingto "SUBJECT PERSON'' as identified in AttachmentA, for evidence,fruits and instrumentalitiesof vioJationof the Uniform Code of Military Justice, Article 92, failure to obey a lawful order or regulation, ("SUBJECT OFFENSE"). The in:funnationupon which this affidavit is based includes email communications,included in AttachmentB, as well as informationobtained from witnesses. 3. This affidavit is being submitted for the limited purpose of obtaining a search autboriz.ation fur SUBJECTPERSON's cell phone(s) (emails, text messages, call history, photographs, deleted items and contact lists). I have not included in this affidavit each and every fact known to me in this investigation. Il.RELEVANTSTATIITES 4. Article 92, UCMJ provides: uAny person subject to this chapter who, violates or :railsto obey any lawful general order or regulation shall be punished as a court-martialmay direct." ( 5. OPNAVIN ST 5370.2D of 6 January2016 states: Personal relationshipsbetween officer and enlisted membersthat are unduly fiuniliar and do not respect differences in rank and grade are prolnbited and violate long~standingcustoms and traditions of the U.S. Navy.Relationships that are unduly familiarbetween officers or between enlistedmembers of different rank or grade may also be prejudicial to good order end discipline, or of a nature to bring discredit on the U.S. Navy and are also prohtl>ited.Officer and enlisted members are prohibited from engaging in such unduly fiuniliar personal relationshipsregardless of the Service affiliation or Service rules of the other perso~ including members of fureign military services. Commands are expectedto take administrativeand disciplinary action as necessary to correct such inappropriatebehavior. This instruction and the proluoitionof fraternization found in article 1165 of the U.S. Navy Regulationsare lawful general orders effective without further implementation. ID. DEFINITIONS 6. ''Lawful order'' is defin~ as a general order or regulationis lawful Wlless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or fur some other reason is beyond the authority of the official issuing it. m.PROBABLE CAUSE 7. As background, an allegation of suspected fraternizationwas brought to my attention by the USS HOPPER IDC. The aforemention ld the IDC he was using a shipboard computer was logged~n when an email notificationpopped-up from CDR Tamulevich which was unduly familiar. Th took photographsof several emails from CDR Tamulevichwhich documented an unduly familiar relationship. After I reviewedthose pbotographs, I received authorization from CDS-31 to retrieve government shipboard email communicationsbetween CDR Tamulevich from USS HOPPER. Those 2 emails consistedof approximately300 communicationsbetween CDR Tamulevicband C from 27 APR 18 and 13 MAY 18, many of which documentedan unduly familiar relationship. The emails also describedcommunications between CDR Tamulevichan ia Gmailwhich werenot stored on the USS HOPPERnetwork. Thegovernment email communicationsceased on 14 May 18 when the ship returnedto homeport. VI, CONCLUSION 8. Based on the facts and circumstancesdescnbed above, I believe that probablecause existsthat the SUBJECTPERSON's cell phone(s)could provide evidenceof criminalviolations of the SUBJECTOFFENSE, and cou1dhelp prove the S USN K:,e US'N 1 Title:J-1,,A-J~rAd11oc~ > cs/lJ', )11bP/cC. 3 El~CLOSURE04) ( ATTACHMENTA PERSON TO BE SEARCHED: The SUBJECTPERSON is DOB assignedto the USS HOPPER(DDG 70). C 4 ATTACBMENTB ( See attached EMAILCOMMUNICATION. C 5 E~CL08URE(1tJ) ✓, ~REPORT AND DISPOSmON OF ~fFENSE(S) NAVPERS1521117 ( 20 May 2016 0ffans•: Vl:OLA'!ION OF UCMJ MTICLB 111: Drunken or racltl.ass operation of vehicle, aircraft, or vessel Specification: In ~hat U.S. Navy, USS HOPPER,on active duty, did, at er near Honolulu, Hawaii en or about 11 May 2016, at er near Pali Highway traveling north bound, physically control a vehicle to w!t: a black colored Jeep Wrangler, in a reckless manner by traveling at a spee d of 17 miles per hcur over the p sted speed limit, while under the influence of al cohol. RA I have been lnfonned of the nalura 1h6 accusallon(s)against me. I land do not have to answer any ~lions or aka any stalementregard! the offense{s) of which I am accusedor suspected. However,I understandany statementmade or quesUons an as evidence against me In event of tnal by court-mania! (Artide 31, UCMJ). Witness: ______Aci 0 RESTRICTED-You a,e rc,irlcted lo lhc filTl;csol _____ ~--:----:- Inli eu of arreu by -11,..,.ller--,of""'1tt,....e"=c"'O,-. ""'u-n•""I~-,-Slll-,-1\1$_U_a_re_su.,.,..leted,...,..pe:son---, 1-, '""~--,... -,-_ bythtl cp, you 00 NO RESTRICTION may110tleaw lh1rutt~ed lfmllsexce;it wlUI lht e~1eu perrnlsslon c:f1h11 CO llf )(0 You have beer, lnklrmed d 1h11:times and pl~ll:1 wflich )Ou11r11 rcqu~lld le muslsr natureor Accused NAVPERS 162511(RIV, 12-811) SIN 0106-LF•OOS-2700 PRELIMINARYINQUIRY REPORT ' From: Canmandlng Officer D~~------~ ( 1. Transmitted~~------,------....,...,..--,-----,--,---,-..,...... ,---herewith f01 preUmlnaty Inquiry and report by you,Including, r appropriate1n the lnlerest orJustce and dlsclpfine. the ~~ of such =es i:.2peal to you10 be sustained by expectedevidence- bMM,, Fi -. iJ11ir,, t11:i NAME OFwm.i.ss @'@RAoE RECOUME.tllATIONAS10 DISPOSTT10H REFERTI) COURTIMRTW. FOi' ffllALOF AlT4CHEDCHARCiU 1Coir.ole1eC/ia,;e S11N1 (00 km '5a)tvla,9IP.;412; □ □ DlSPOS1:0f'C4SEAT~ST OOMM!KT,_..11,11,1~~oi --~olbPIClllll□ lllr.ClfllU. comas111rna.JerptaK AIQCII ll 1fi·i·,eSi&i§ilSiar}' □ DISMISSED IX) REFV\ 'ltJ CAPT,l,flSLIAS'T RIGKT TO DEMANDTRI (Nol a,,pfic.tJIItD persons ~ lo or II arl ACTION OF COMMANDINGOFFICER DISMISSED C0HFOt4 - _ , z o,n o,.ys DISMISSSl WITll WAAI.Hi \Na!CIClnlidefw,I ~) CCflReCnOtW. QJStQOV FOR DAVS ADIAONITION:ORALIIN WR/mG AEOUCTIOHlt> NEXTINF'ERIOII PAV GRADE flEPflll.lANC. ORAi.JiNWRITING REOI./CTIONto PAY GIW>GOF RESTltJ t:., .,., ~M EXTRAOU11ES FCR~ c,, VS REST 1tl FOR 0,, VSWilli SUSI' fllOU DUTY PUl,ISHUENT IWSPEf«lEO Fem FORl'li~ PAVP£RU0 FCA ~ l.10(S♦ REFER10 ART l2 INVESTIG4'OOH RECOMMEIIOEDFOR TRW. IIY GCM OUEHTDN: TDHAVES-=- ~ PAYPER AWA.IU>ED$PCM AWAAOliDSCM □ LIO l'ClR(1, l , 3 l MO(SJO£TANEDFOR 1.1:J(SI □ □ It has &111 a ned lo me a I L#lderstandth I I eel this Imposition ornonlu cllci othan & Al'f'l'lllf'IIIT!i ENTRIES~I: IN E E RE •"li,_ WEREREOUAED 2,IJ .ff~ 01,Tl! 7~ :Ult- DATE '1 .Ju.,,"' JI, ~ "? NAVPERS152117 (R11v. 12-88) (BACK) ENCLOSURE(t, ) ( CAPTAIN'S MAST ( ACCUSED'S NOTIFICATION AND ELECTION OF RIGHTS ACCUSED A'ITACHED TO OR EMBARKED IN A VESSEL (See JAGMAN0109) Notification and election o I • I •. I I ~ - 11 I • I . • I ti • • • II I osition of nonjudicial punishmentin the case of assigned or attached to.JJ.SS. HOPPERmoo- 70) . NOTIFICATION 1. In accordancewith the requirementsof paragraph4 of Part 4, MCM, 2008 edition, you are herebynotified that the commandlngofficer is consideringimposing nonjudicialpunishment on you because of the following alleged offense(s): -VIOl.ATION OF UCMJ ARTICLE 111, Drunken or reckless operationof a vehicle, aircraftor vessel 2. The allegationsagainst you are based on the following information: , The documentationprovided for review and your chain of commands comments in regards lo the allegationsagainst you. C 3. You may request a personal appearancebefore the commandingofficer or you may waive this right. a. Personalappearance waived. If you waive your right to appear personallybefore the commandingofficer, you will have the right to submit any written matters you desire for the commandingofficer's considerationin determiningwhether or not you committedthe offenses alleged. and, if so, in detennining an appropriatepunishment. You are hereby informed that you have the right to remain siJenl and that anythingyou do submit for considerationmay be used againstyou in a trial by court-martial. b. Personal;mpearance regucsted. If you exercise your right to appear personallybefore the commandingofficer, you shall be entitled to the following rights at the proceeding: (1) to be infonned of your rights under Article 3l(b), UCMJ; (2) To be informed of the informationagainsl you relating to the offenses alleged;' (3) To be accompaniedby a spokespersonprovided or arrangedfor by you. A spokespersonis not entitled to travel or similar expenses and the proceedingswill not be delayed to permit the presenceof a spokesperson. The spokespersonmay speak on your behalf, but may not question witnesses except as the commandingofficer may pennit as a matter of discretion. The spokespersonneed not be a lawyer. ( (4) To be pennitted to examine documentsor physical objects againstyou lhal the C commandingofficer has examined in the case and on which the commandingofficer intends to rely in deciding whether end how much nonjudicialpunishment to impose; (5) To present matters in defense,extenuation, and mitigation orally, in writing, or both; (6) To have witnesses attend the proceeding.including those that may be against you, if their statementswill be relevant and they are reasonably available. A witness is not reasonably available if the witness requires reimbursementby the United States for any cost incurred in appearing, cannot appear without unduly delaying the proceedings,or if a military witness, cannot be excused from other important duties; and (7) To have the proceedingsopen lo the public unless the commandingofficer determinesthat the proceedingsshould be closed for good cause. However. this does not require that special arrangementsbe made to facilitate access to the proceeding. ELECTIONOF RIGHTS 4. Knowingand understandingall of my rights as set forth in paragraphs 1 through 3 above, my desires are as follows: I request a personal appearancebefore the commandingofficer. C I waive a personal appearance.(Check one) I do not desire to submit any written mailers for consideration. Wriltenmatters are attached. (The accused'swaiver of personal appearancedoes not preclude lhe commandingofficer from notifyingthe accused,in person, of the punishmentimposed) . b. Electionsat personalappearance . (Check one or more). ✓ I request that the followingwitnesses be present at my nonjudicial punishmentproceeding: Name Command UJ , 2 liLOSUiiE{JSj C _ I requestthat my nonjudicialpunishment proceeding be opento the public. , 3 CAPTAIN'S MASTACCUSED ACKNOWLEDGEMENT OF APPEAL RIGHTS C I, USN, attached to USS HOPPER(DDG 70), have been informed of the acts concerning my rights of appeal as a result of Captain's on 21 May 2016. a. I have the right to appeal to Commander, Carrier Strike Group Eleven via Commander Destroyer Squadron Nine. b. My appeal must be submitted within a reasonable time. Five days after the punishment is imposed is normally considered a reasonable time, in the absence of unusual circumstances. Any appeal submitted thereafter may be rejected as not timely. If there are unusual circumstances which I believe will make it extremely difficult or not practical to submit an appeal within 5 day period. I should immediately advise the officer imposing punishment of such circumstances, and request an appropriate extension of time in which to file my appeal. c. The appeal must be in writing. d. There are only two grounds for appeal; that is: (1} The punishment was unjust, or (2) The punishment was disproportionate to the offense(s) for which it was imposed. e. If the punishment imposed included reduction of more than one paygrade, or was in excess of: correctional custody for 30 days, forfeiture of 1/2 months pay X 2, extra duties for 60 days, restriction for 60 days, then the appeal must be referred to a military lawyer for consideration and advice before action is Laken on my appeal. 0 f. I do€ no_9wish to appeal. (Circle one) J-1/Yl /2 ess and Date) ADMINISTRATIVEREMARKS NA VPERS 1071/613 r SUIPOllSTATION: DDG70 HOPPER • SUBJECT: CO'SNIP Permanenl: Yes Aatlaorhy: MJLPERSMAN1626-CIZO -----''-- os114120J6 COMMANDINOOFFICER'S NONJUOIClAL PUNISHMENT DATE OF OFFENSE: 17M1.y20l6 NATUREOF OFFENSE: Viol or Aniclc 111 (Dnlnkcnor rccldcssopcn1!011 or vehicle,llircnft, or vessel) DAIBOFCAPTAJN'SMAST: 21 M1.y2016 NONJUDICIALPUNISHMENT AW ARD: 45 daysrestriction. ◄5 extra duty; rcductlc>nlo aexi inferior . forfeitureor iancdJAO Manual. appendix A·l-d, priorto Captain'smut wbkh wu heldon 21 May 2016. LEGALOFFICER 05/21/2016 SOCIA ER BRANCU ANO CLASS USN -~Ol11d&I NSIPSIESR r,rmprioltd tbil~-~ diet 05/21/2016, ADl\flNISfRATIVE REMARKS NA VPERS 1070/613 SHIP OR STATION: ODO70 HOPPER SUBJECT: COUNSELINCi/WARNING Pcrmaarat: Yes Authority: MILPERSMAN1626-020 05/2112016 I. You~ beln1mained in the Naval Setvice,however, the foUo\loingdclicienclts hi your perfomwicelllldlor conduct are identified: - V",ol. UCMJ Art 111• Drunl.enor rcckles.,operation of vehicle,airc:raft or vesscJ. 2. The foUowingll'C recommendAtionsfor concctivcaction: -CONFORMYOUR BEHAVIOR TO THEREQUIREMENTS OF THE UCMI,NA VY R£0Ul.A TIONS,AND 1HE ORDERSISSUED BY YOUR. SUPERIORS 3. Assissancci, anilable throup: • YOURCHAIN OF COMMAND ·DAPA • BASECHAPLAIN 4. Youarc advisedthat uy fbnherdeficiencies in you, perfonnance and/or conduct m1y result In dlseipllrwyaction and in processm.1 for administrativedlsdlarie. All deficienc!u&RviouslY cited andformisconduct during your currentenlistment, bothprior to aad subscqitentlo the dale of this action, will be cocsidcred.Subsi:~nt violatioo(s)of the UCMJor coaduct resulting in civilian convictiontoUld result in 1t1 administrativesepuatlon Widerother lhan honorableconditions . 5. This~llng/warnhlJ entiy is made IO affordyou an oppoltUllityto undertakethe correctiveaction . Anyfailure ta adhcrclo \he guidelinescited above, whichu reflectedin your furun: perfomwu:cand/or conduct, will makeyou eligiblefor admln!stnldvesepmtlon actiorL 6. You 1FC hc:n:bydirected to confann your behavior10 Illerequirements of the h1wand the regulationsof the UnitedStales Navy launedlasely. l haveread the above informationI.lid understandit, con~111J.I haveread and undmtand U.S.Navy RclUlalions, Article 1122,concmilne Ibis enny io my service record. I DO l@§j)desirc to mak-cII stl!lcmcnL mbcr's Slgnatuff SOC!AL SECURITY NUMBER BRANCHAND CUSS USN Ollldal NSIPSIESRfonn prillled lhls d■reOS/2112016, ENCLOSURE{lsI P910'7 HonoluluPollce Department 18-198373 ( Codi HRSs.C11onNo. 210 HRS291E,0001 Plec:o, Honoluki, HIWIII IDN...., DtW0.,,111111~ 0.,.1111MOccWTNFtall ~17~2018fTue 120 5-17•2018fTue 0120 Local Pllofta •~ Hair Color F■clalHair Chit EMlt Pltlt11tCoodltlon PIIU■ntDilpnltlo11 AUIMlnt Phylttlln 111/TiM:5-17-211111 /0351 ""'"1-l"f'l"9dlllgrlaf ,rwlN9d, Conni No.2117MII n--11i1 _.l'riflHCIOlllulu Pob ~pialq Page2af7 Honolulu Police Depar1ment 16-196373 DOll Occupatlnl for J~ lcllNIMIIDlllng lpeclll 1111m IAC IACRuull HPO AU.oc Addr lfntll Wlllht Bald IC HllrC..., FldllHllt Clllr Vlcliln1W Ta lkllpKt WIID0dcltbell w•,.,._. r.cu11r11n v.. Hoapllal Tra~a, PIISentCondllSan Plll1nt Dlllpaallloll Allllc11lngPhvaltlan OwrltrNotllled■yDIW11me l"tl1oe SAA But RKovered llttur'llldBy DIW T1ma ( On the mentioneddate, time , and locationthe abovelisted suspectwas arrestedfor OVUU. Approlled S.1M016 I 0335 IDNu Dalal Tlrna: 5-17-2018 I 0351 lftllUIClalgntd.llVlewed, and .-.-..111 _.wlll ~ Pob~pokv . ENCLOSURE(1.5} Page3of7 HonoluluPollce Department 18-198373 "contlnultfon Paa• ( lllcldilnl,V,. Codi Hlmhc11of1Ne 210 HRS291E-00e1 DatfOccvnwac.e CITATIONISSUED. 1DT&.16--069343/ 291C -102/ Speedingabove postedtirrit (52135). ASSIGNMENT; Wrtter assigned as 1M573 picked up on be.at OVUII case on 05-17-18 al about 0120 hours al Pali HighNay (NB)/ Akamu ptaca whiteon proactive patroL Writer was performingpioactive enforcement during this summer hl'Mktn Rnaftbrt ta raducahighway fat;alitlM WRITER'SPOSITION· Writer'sVP was in the drivewayof the Nwanu CongregationalChurch In the maukabound lanes of the Pal Highway. SIGN: Makai of the Akamu PlaceIntersection on the right shoulder,one algn, SPEEDLIMIT l6 just about 2/10mile 1tNB'J.Clear & unobsbuctedchecked prior to monitoring. 3 lanes maukabound. SPEED DElECTION; Mtterwa1 using an LTI 20/20UHratyte 100 handheldlaser speed detection unit. Checksof the unit shewedIt Cwas operatingaccurately and writer was qualified for the use withthla type of davk:e. Writer was qualifiedby OfficerRobert Steiner Septomber 23, 2013 after an 8 hour da88. OBSERVATIONS: Writer observed a tone vehicle mauka bound on Pall Highway In the left most lane appearing to be traveling al a rate faster than the posted speed Hmit. SPEED DETERMINED: Usingthe sightingaccpe, writer placedthe Illuminatedred targeUngdot on the centerof mass of the vehlde and puUedthe trigger. A speedreading of •52• was displayed Indicatingthat the vehiclewas traveHngal 52 miles per hour. An eddltlonal numerical display of 191.8' was rfmplayed lndlcaUngthat the vehlde was 191.8 fee1 priorto rrrt poaHlanwhen it was docked at 52 mHesper hour. VEHICLESTOPPED: Writer puDeden to the highwayafler the vehiclepassed rrr/ position and acceleratedto catch up to it. The venlde,a blackcolored Jeep Wrangler continued north boUnd. Wrtterfolowed and then activatadmy bkJe rooftopstrobe light and gave a singleburp of my siren. The Jeepecbvated Its righttum slgnatand puled to the right side of the roadwayand slopped curbside opposite Ahlpuu Street. DRIVERAPPROACHED; Writerstopped behind and &)(ltadmy pcllcevehicle and approacheda lon~ driVeron the vehlcle'sleft lkfe . The driver'swindow was rolled down al th1stime . A &bong odor of a~llc beveragewas coming out ,r thawindow. She appearedto be cryingat this time. Wrilerasked if she was okay and she related that she Approved Data/~ 5-17-201&I 0335 JO~ DIie/ Time.:5-17-2011 I 0351 ,..,, ... ~algnld.~Mlffillld. CenlrclNa 2e17&40 netwallln llml1t'WIIIHGld.llll l"Cllca~palct kti ..US URE(t GJ Paga4 of7 Honolulu PollceO.partment 16.. 196373 Continuation Paa• HMlledlottNo HRS2Sl1E..oos1 0.11 of Oceum,ica had a rough night and got1efl behind. PAPERWORKREQUESTED: Writer lnrormedthe driver of the reason for the ,top driver's license,vehicle regls1ration, and proof cf no htul Insurance card. She provided a~~ tate Dover's License and her vahfckt reglatratlon. OPERATORIDENTIAED• The driver was fdentifledvia a State Driver'sLicense a - r,dthe photograph matched1he operator. PHYSICALCONDITION: Writer noUcedtha1 Bibeauhad red bloodshotglassy eyes, a verystrong odor similar to that of an afconollc beveragecoming from her breathas she spoke,and appearedffush to her facial area REQUESTTO EXIT VEHICLE: Due to wrf\a(s observationof her physical condition,writer suspect~ to possibly be impairedand requestedher lo exit her vehk:leta perfonn a field 5Clbrietytest whidlllll!Peedto. Upon exitingthe vehkle she was escortedto 1herear of her car next ta the right rear of mvcar. SFST QUALIFICATION: Wrftsr wasqualified by NHTSAqualified Instruct using the NHTSAcurriculum after attendingan SFSTtralnlngdasa on May 7-9, 1997 (24 hours)at the Honolulu PoUceAcademy. Writer was qualified ta NHTSA standardsto administer the SFST to test sut,Jects. ARDIZEDFIELD SOBRIETY TEST: was asked lo stand wfth feet logalher and handsto her sfdes whie writer explainedthe SFST. was unsteadyon her feet and had to side step severaltimes to keep her balance. SFSTaxplalnect Writer explalnedthat the StandardizedAeld SobrietyTest YJiN be explainedIn detall and demonstratedto her, that she will be judged on how well she fodowathe lnatructlansas well as her performancefor each test, and that If she does not understand1tYf test to aak questions. Writer ask~ If sne, -had 8l"'Jpt,y ~ fects or speech Impediments? -Answerwas NO. -was tskJngany medications? -Answer was NO. (only birthcontrol) -was unde, the care of a doctor or dentist roranything? -Answer was NO. AppnMd DaieiTime · S-17-2018 I 0335 ID Number. o.tet Tme 5+17-201& / cw, lllil,..,wu ...... ~IW'/irwd,..ilmald.lN Clri'dHo2!117MO ~In -.llllill HanoMI, Plllc:II~ IIClic¥ EHCLOSURE{IS ( Page5 of7 Honolulu Pollca Department 16-196373 onUnuatfonPaga ( CHI kadl:la l'Ylv- .,.,. 01'/UBiota~-' i.p. HIii hclDn No 210 □•-•,.... _,, 1 HRS291E.()()61 llafa o/Ocalrranca -was underthe care of an eye docCor1 -Answer was NO. -has an artlficlalor glasseye? -AnawerwaaNO. -waaepleptlc or diabetic? ~wasNO. -was wearingany contacts? -Answerwas YES. (soft) VERTICALGAZE NYSTAGMUS: - wearing&Oftcontacta. ,= s wasposlUDnad about 12-15Inches from subjectsllght),J above eye leve1. StJbject'seyes were checked for equal tracklng. Pupilsize was observed even. Checkfor VerticalNyategmua was observed NEGATIVE. ORIZONTALGAZE NYSTAGMUS: ree (3) dues per eye were checked,fim left then r1ghl ( doth eyes showedlack of smooth pursuit. Botheyes showednyllagmus at maximumCMVlatJon . Both eyes showedonset of nyatagmuaprior to ◄5degree. Both eyes were checkedtwice and Lee showed all six (8) clues. NHTSAstudies Indicate4 or more clues Indicatea BAC above 0.10% and test ts n% reliable. WALK AND TURN: (took sandalsoff) ~ asked to assumeHeel-Toe Stance, first stand on the left foot, then with the right foot plaeedin front touching the right heel to the left toe In a straightOne, place anns down at alclea,and do not move untffInstructed to • was Instructedto walk nine steps In a straightline each time touching heels and toes, counting out loud, • armsdown al sides,keeping eyes on reet,and don't stop after starting. Upon completingthe ninth step, keepingthe lead foot on the line, tum In small atepsusing the other foot and then return nine s1epsthe sameway. Performance - hawed sbc(6) clues cut af 8 total possible. NHTSA studies indicate2 or more clues Indicate a BAC above 0.10%and test Is 68% reiable. ONE LEG STAND: (barefoot I lifted left ft>ot) ( \struet10n· 6ubmilladBy IDNl.lnblf" Daiei Time 5-17-2018/ 0351 ..,.twu...-t ...... twat.111 acmrdwtfl H~ p_,.~ 1!(11,:y. ( Page 8of7 Honolulu Polo• Department 16-196373 ContlnuatfanPaa• r------=------r~CDN~r------~. ~--.-r~r- ~HRl=-=-a.ctlff~~..~--, ( 210 ftn.._ (!JKeJR,t □FIUlolad HRS2.G1E.Q051 ~ askedto stand straightwith feet together,keeping arms lo side, end to maintail positionuntil told otherwise. llllllllwasfnstruded ta ralaeone leg approlCfmalelysix Inchesoff the gmundwith foot pointedout. Keepboth ~ hi, keep eyes on raisedfoo~ l!lffllS to sides, and lo count out loud for 30 seconds. Performance: ~ hawedone (1) clua out of 4 total possible. NHTSAstudies Indicate2 or more clues lndlr.atea BAC ebove 0.10% and 1estIs 65% reliable. NHTSA studlesindlcale the combinationof the HGN and the WAT tests show an acctney of 80%. SCORING: NHTSAscoring 00mblnlng the HGN score of she{6) and the WAT score of six(8) on the DECISIONTABLE lnte,aect1In the 1hadedarea indlcati'lga BAC above0 ,10%. Rerer to foml HPD-424A{R.a/88) for the resultsof the field 10brietytest. LOCATION/ CONDITIONWHERE FIELDTEST GIVEN: Level flat asphaltroadway with no defects. Lightingwas providedby area street lights and ffashllght.An imagfnaryMnewas used ror the WAT. PAS DEVICE: Writer determinedtha ~ s Impairedand admlnlatareda preliminaryalcchol scraening. A PAS screeningwas performedand she was Informedthat she faKedthis phase. A readingof .101% BrAC was obtained. PRIORCONVICTIONS : Uponchecking with HPO dispatchfor prior DUI oonvictions,writer was Informedof 0 convictionsfor DUI. ARREST: On 05-17-16/ 0140 hoursdue to ALL the circumstances,writer's opinion I&tha - asImpaired in an amou~t to impair her normal mental facultiesor ablilty to care for hers uard Bg8instCS!ualty, I pla~ nderarrest fortha offenseof OPERATINGA VEHICLEUNDER THE INFLUENCEOF AN INTOXICANT. FORCEUSED TO EFFECTARREST: Therewas no force used to effect arrest. driverwas cooperative. INJURIES: Therewere no Injuriesvis ible on driverend none complainedof et this time. UTTERANCES: "I HAO2 DRINKS- ~ DNI Time.&-17-2016 I ms ID Dale/TIM· 5-17-201&/0351 Thill'IPDII.. ,,..,...., , ... ~~ ... ColllrolNa 2'17840 n.tMI\ In~ 1'lfl HOIIOW, P01caC1p1111!1111Mt pciky, EN~lOSURE{ISj Page7 af7 Honolulu Polle• O.partment 16-196373 onUnuatfon Paga C lnddel'lllypl HRlleclloll No HRS291E-«181 •1WAS AT LULU'S• VEHICLEDISPOSITION : Writer part(edand secureddefendant's vehfcle fronting 2900 Ahlpuu Street. Her keys werereturned to her. ~ ORT: _.. transportedto the Keihl PoliceStation receiving desk via HPDvehir.le 1370 h DESKSERG~ Writer lnform~ f the facts of the case and he concurred. IMPLIEDCONSENT: Writer re~ Impliedconsent form and she chose to lake the breath tesl TEST: admlnlateredan lntoxffyzertest t- and a reading cf .088 BrAC was obtained. ~onceOF ADMINISTRATIVE REVOCATION: Writer fssu~ e Noticeof AdmfnfstrativeRevocation fonn whichshe signed. REQUESTTO RECONSIDER: Writer isaued the Reciuest1o Reconsiderf0r her to submit her appeal. PERSONNEL INVOLVED: Office .•....P.C. / Stop I SFST /PAS/ Arrest/ IC Office .....Tran5port Officer .lntoxllyzer8000 operator SWORNSTATEMENT : ~ lice officer, swear the above racts are true and correct. DISPOSITION: Arrested and booked. AA,nlved Dale!Tlrne 5-17-20111/ 0335 IDNumber: Dalcl Tira. 5-11·20111I 0351 Thla,.,_iwu~191ad,...... _~ , and CotlftfNCl.2517'40 nelwalt~ ll:l::adwifll4orlOUuPab~pol(¥ Eft -OSURE {1 S ) Page1 of3 Honolulu Poke Department ' 16-198373 HRSlldklnND. HRS291E-0051 • Honolulu,Hawai IDN!llnbnt DIWDl!f11lal.,._.. DIJ)'lnNOCCIIIMFrn 6-17-20111ITue 120 ~17-2018ITue 0120 BACllal• o.oaa All.acAddlUnll H Hair C.lor FKllt Ha Qlr PK&aJialfllll HOlpltal T,uapottiid lly !IIU PatlentCandllon PllfelltDt.,osltlo1t Allendll!9Jlt,yak&l11 Scbmil!edBy. A,,prowd8 IDN&nber. DalalTJmc 5-17~15 J 0551 D Numbar ~ Time· 5-17-2018 I 1'52 11CCoHP~\12 RIii. Die. 2003 TNINpeftwupr..-ad,IIINd,INMd,~n!IN COlll!ll~11• ~ "' acm,d ,..;it, ...... ~p:llt:r ENCLOSURE{1 ~ J Page2·of 3 HonoluluPolice Department 16-196373 DOIi 1ID a,.clllltlflll IAC HPD LooalPflone a...,...,,,__ Att.DcMdrlllltll WtlgM 801111 K HairC:olor Fae.IllfMlt C:lllr Wbo Dnafbad WII PtoUCUta P■cd1rltlta Yea ..,.. , P•ntColHIIUon PltlantDllp11llloa AIIHclln•PhJsJdan OWnerNotlnld ly Dlltl/Tn ,._. SAA R1covtnd Data#Timi a..t ~ctnrad Rltuntlll By Dall/ Tlnle J ~CMd Dala/Trno..S-17·20111I OS61 IDHumbet: Dalll/l1me 5-17-2011 / 1◄52 MDC-HPO-tla~ . 0.C.2)11] twtre,-i-pr.,..s,llgnad.~ ...... - ...... -1111111ca1w ~1n-.iw111Hcn,Uu f'CilatDepulrr-cpcllqt URE(/5 J Page3of 3 16-196373 FOLLOW-UP ASSIGNMENT: Assfgnedto District5 uniformedpa1rol a11B569. On S.17-18/aboul0122 hours, l proceededto the area of Pall Highway(North bound)/AhlpuuStreet to coverOffice ,_.., ho calledoff with a trafficstop. I arrivedat about 0124 hours, ~ lated that the femalehe had In custody was being arrested for OVUll. TRANSPORT: Subsequentto Offlce~ t o- 1placed - fn the backseat of HPD 1370 for transpoJtto the KallhlPolice station. Transportwas made without Incident. police officer, swearthe above fads are true and corred. PJSPQSffiQN: Refer to lnitlalreport Dall/Tine 5-17-2019/ 0551 ~ Olla/ Tmr 6-17-20UI 11452 re,ortwu~ , ..,..._,_._ , - .r-. . .. . -- •• .,..__"' _. .. ..__., l'llb~palll:¥ PAGE_ _ o~.... - HONOLULUPOLICE DEPARTMENT ADULT ARRESTREPORT ( l.~HQ. 11 ADCIIESS y I ' •. 1 "'3 1 • PAI.IHWi & AKAMUPL NUUANU,HONOLULU HI 96818 11:>0ICIHIJ :111.RllllCT 211E/iT PALItfNY & NWtiU Pl NUUANU,HONOLUlU HI 96818 OS-17-16'01:40/Tuesday 5 573 JG.CHG 31 AlllelW> FOR :32.FIIAL tlWIGli »..IIE.LEASI: ll'r HRS291E-0061 HRS 291E-0061 cVUIIMb ovtJIIMO MD 10186373 $500 RBL ..O.CAUIH0t91191MTMO 44MIIIDfG 41 ffliATl!J <11.1111'\/IEI •t IIIIEDICALM.Utf SI. RECEIVED0A TfJTIIIE 06-17-11W15e IC flnUlflJ D4ll/TW 0>1M61D320 05-17-16102...13 IIS N"PENWQ!D-'TVJNe: 06-1~16108 30 ee SYNOl'RI NOWARRANT/ NO TROI NEGNClC NO INJURIES,MEOS OR MEAL NO FELONIESNO SEX CRLMES. NON DV OR HATERELATED TRNSPORTEOBY HPD 1370 PHONECALL MAOE AT 0340HOURS 119APPROYEDDATEJJME iiiiiiiiilll.______- OS-17•16/0155 Prlrf 0e!e 11511IOO UI Paget ~ ErCLO SURE(lb) XO Interview (17 MAY 18/1630) Q: How long have you been the XO? A: 1O months . Q: What do you think about the CO? A: Great CO. Very smart; he's got patience and approachable. Q: Do you spend a lot of time talking to him? A: Yes,but he is an inlrovert. Q: Does he mentor you? Would he discuss issues with you? Or is it weird talking about issues with a subordinate? A: We have a near-peer relationship. He bounces a lot of ideas off me. Q: How is the Triad? A: Good. Q: Is everyone married? A: Yes. Q: Have you ever met his wife? C A: Yes, at hails and farewells, etc. Q: Did he talk to you about the IG complaint? Was he worried? A: Yes, I thought he was worried. Q: Have you ever seen him exercise favoritism? A:No. Q: Does he interact oddly with anyone on the Bridge team? A:No. Q: Do you need a qua) card for watch standers for UNREP stuITT A: Yes. Q: Do you need a qual card for con? A: We need JQR or Job Qualification Requirements. Q: Who is allowed to qual? A: Typically a JO -some senior enlisted. Q: Who stood watch? FOR OFFICIAL USE ONLY PRIVACY SENSITIVE Any misuse or unauthorized disclosure may result in both civil and criminal penalties. A: I don't believe there were any enlisted who stood watch except for - who was qualified. 1 think ( we considered ~ Q: Whatabout ~ A: We would entertain that. Q: What if - was on the con, do you think that is weird? A:Yes . Q: Did he explain his reasoning to you for that? A: He said it was because she was putting in an officer package. Q: Does she warrant an officer package? A: Yes, I believe she has an associatc's degree and is doing more college . She is good at her job . Q: Where do you think she ranks among othe - A: I think she was a top MP or an EP. Q: Did the CO ever pressure you about her evaluations? A: No. Q: He didn 't want to see the rankings or push you? A: No. C Q: If he was close to a certaiav hich one would you think it was? A: Most likel~ Q: Why? A: Because she put in an officer package. Q: What do you know about her? A: Star performer with a good altitude . Q: Is she popular ? A: Yes, I think so. She was a Sailor who would give you honest feedback on what the rumors on the deckplates were. Q: Did she ever come talk to you? A: She has been in my cabin to drop things ofT. Q: Did you e\"er see anything that made you think the CO an. ,•ere together? A:No. FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE Any misuse or unauthorized disclosure may result in both civil and criminal penalties. 2 Q: Did you ever see them hanging out together? A:No. Q: Did you ever go out with a liberty group with the CO, th A: Yes, for beer on the pier in Kwajalein. It is between Guam and Hawaii. Q: But you didn't get very far? A: No, Sir. We were a large group and went to a yacht club. We had a few beers and a few Sailors went lo another place after that. Q: Did you ever see your CO drink? A: Socially, yes. Q: Drink what? A: I think he like scotch and vodka. Q: Did you ever see him intoxicated? A: Twice on deployment but not while al sea and not overly drunk, just a little tipsy. Q: Did you ever see him act inappropriately? A: No. Q: What is the HOPPER evening routine starting at 2000? A: Bridge crew is routing night orders and setting darken ship • I am trying lo close out for the day and sometimes the CO goes up lo the Bridge for sunset. Q: Is he closer lo th- then he is the OOD? A: Possibly, yes. He relies on th~ We have some senior. who have been in a watch station longer than some of the junior officers have been in the Navy. Q: Is his relationship the strongest with~ A: Probably. Q: Anything alerting? A:No. Q: Did you ever go talk to the CO at the end of the day? A: 1830 I usually go talk to him. Q: What is your interaction with the CO after 2 I 30? A: Minimal, unless something is going on. I try to manage his alone time. Q: Is he alone at 2100? C FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE Any misuse or wti1uthorizeddisclosure may result in both civil and criminal penalties. 3 A:Yes. Q: Does he get enough sleep? ( A: Not enough. Q: Is his door shut at 2100? A: Most of the time, yes. Q: On deployment in December, was his door more open than closed? A: I don't think so, it seemed to be closed. Q: Is your cabin and his close? A: No. His is starboard on the 02 Level and I am portside. Q: Is there any reason to believe the CO an- had a relationship? A:No. Q: What ifl told you there was? In hindsight looking back, could you see how it was the case? A: Certainly, with the amount of attention the Bridge team gets. Q: You never saw any clear indication of the relationship? A: No, Sir. A few times she was in his office but that was for the officer package. Q: He never confided in you? He never told you about the relationship? A: No, Sir. Q: Tell me about the conversation you had with the CMC regarding favoritism. A: The CMC was concerned about the attention the CO was showing to th- specificall~ llllllll1> ut I told the CMC it was because of the officer package. Q: Do you ha,·e reason to believe tha- ould access the CO's cabin? A: It is certainly possible if she had the code and went down from the Bridge on the starboard side. Q: You didn't see any signs of favoritism? A: No, Sir. Q: There was nothing the CO told you about his marriage? A: No, Sir. We talked about our wives a little bit but nothing specific. Q: How much did you interact wit~ A: Minimally. Q: Did the CO ever ask you to lie for him? FOR OFFICIAL USE ONLY - PRN ACY SENSITIVE ( Any misuse or unauthorized disclosure may result in both civil and criminal penalties. 4 A:No. Q: Did you ever notice he would lie? A: No, he would self- report in a minute. Q: Does your Captain email? A: Yes, about an average amount. Q: Was there ever anything from the ITs who run the servers talking about the CO's behavior? A: No, Sir. The only time I talked to the CO about favoritism was about the OCS package and after was allowed to con. I have reviewed the above summary of interview and, by my signature below, swear (or affinn) that it is he best of my knowledge or belief. SN Date C C FOR OFFICIAL USE ONLY PRIVACY SENSITIVE Any misuse or unaulhorized disclosure may result in both civil and criminal penalties. 5 ENCLOSURE{t. j CMC Interview (17 MAY 18/ 1600) C Q: Tell me about your CO. A: He has been my CO since 1 September 2017 so I have been with him for about l Omonths . Q: Is he a people person? A: He is an introvert but he tries to be social. Q: What is the glideslope of the command? A: It is headed in the right direction. Q: Any signs of favoritismwith anyone? A: Rumors wit.... Q: What were the rumors? A: Just that he shows her favoritism - he let her take the con and let her drive the ship. Q: Do you need a qual card for that? A: You need a JQR, but I am not sure. Q: Who usually has quals? A: Typically junior officers. Q: Why did he let her do it? Did he let any othe- o it? A: Just to let her do it. I don't think he let any othe- o it. Q: Did you see anything overly familiar? A: No, nothing specific. Q: Did you talk lo the CO about setting aside the NJP? A: I talked t~ who was the Legal-0, and I know she was trying to do something to get her pay back, but that s 11. Q: Why didn't he include you? A: We briefly talked about it. Q: Was it strange to you that he tried to do that by himself? A: I believe he talked to the XO about it. Q: So, why did he do it for this Sailor? ls it because she's ai,. Or because she's a pretty girl? A: There is a certain process for those things. Q: Was that process not followed? FOR OFFICIALUSE ONLY PRIVACYSENSITIVE Any misuse or unauthorized disclosure may result in both civil and criminal penalties. A: I don't know, he was really trying to help her. Q: What did you do about the rumors? C A: I talked to XO about CO favoritism toward her, but I did not specifically talk to the CO about it. Q: How d~ rike you? A: Pretty squared-away Sailor - recently advanced t- Q: Would it be possible for her to get into the Captain's stateroom? A: Of course, anyone could. Q: Have you ever seen them together there? A: I went into the stateroom and she was in there, working on the OCS package. I'm not sure when it was. Q: What time of day was it? A: Evening, around dinner time. Q: Was the door open? A: Yes. I knocked and walked in to get a signature and she was in the office working on the package. Q: What was she dressed in? A: She was in uniform. Q: Did you ever see her out of unifonn? A: Sometimes for the steel beach picnic we relax the uniform requirements, so she can wear PT gear. Q: Did you ever hear of a liberty party consisting of the CO, XO, A: No, I am not aware of that. We keep liberty logs but only overseas Q: If the CO signed out with a junior sailor though ... A: That is very unusual. Q: How is the command now? A: Firing on all cylinders, trying to keep everyone's morale high. Q: Do you know what this investigation is about? A: I assume it's about the CO an- Q: Does the CO have any other confidants? A: Me and the XO. Q: Doe- ave friends? FOR OFFICIAL USE ONLY PRIVACY SENSfflVE Any misuse or unauthorized disclosure may result in both civil and criminal penalties. 2 A: The- re really tight. ( Q: Do you know about a best friend of hers who wa- ! A: I know she hung out wi~ but I don't know of- she was friends with. I have reviewed the above summary of interview and, by my signature below, swear (or affinn) that it is f my knowledge or belief. FOR OFFICIALUSE ONLY- PRIVACYSENSITIVE Any misuse or unauthorized disclosure may result in both civil and criminal penalties. 3 EfiCLOSURE ( / 7) I .. 4 .. MEMBERDATA SUMMARY C MEMBERINFORMATION Br/Cl• USN Ran)(JRata : COR PEBD ADSD ACBD SSED :- Pay Grade 005 Speclal Prog. Ind Off/En1 Officer Designator PNEC PrtmaryA~D SNEC Enlisted Designator Not Qualifie SECURITY Ellglblllty Top Secrel- SCI Eligible lnvasUgatJon Date lnvut!gatlon Type Clearance Date Security Clearance Top Seaet - SCI Ellglble Agency CURRENTASSIGNMENT UIC 21944 DDG7 0 HOPPER Report Data PRO Sea Shore Code : SeaDuty Homeport PeartHarbor, HI ACC 100 FOROU• PermanentAssignment for Duty 5DCD/SHDCD EISC 120 ( PERSONALINFORMATION _,...,..----,,--,--"-DE.....P...... EN ___DENTSINFORMATION Sax No. of Depn. 008 ; ~ Age: Primary Marita.IStatus Married Secondary No dependent parents Cltkenshlp U.S. Citizenby Birth Arrlval Date 08/01/2017 Raca Whit E - On StaUon Nbr Not SponsoredJ Overseas Ethnic Group Fmly Care Plan Rellglon Res. In HsahoSd HOR- City ■ HOR-Stale ; .. Country: us Zip: EDUCATION Education Certlf Education Years ASVABTest ID AFQT Score : 0 GS/GI: 0 NO(AR: 0 MC : 0 Al : 0 AR/NO: 0 CS/SP: 0 El/GS: 0 SONAR: 0 WK/AD: 0 AS/MK: 0 VE/SI: 0 RADAR: 0 PC/WK: 0 MK/El: 0 DLAB: 666 ETST: 0 H,JEFFREYSTEWART The data oonlalned herein19 protected by the PrivacyAct of 1974.All measuresn,qu lred to protectthis Informationshould be taken. Officilll NSIPSIE5RForm printed this date: 05/16.1201B MEMBERDATA SUMMARY e UNIVERSITYDATA College Name Degree Attained Major Months Last Yr ( Attended Attended Lead~hlp 13 SERVICESCHOOLS Course Code CoursaTltle Course Length Comeletlon Date 0327 SURFACEWARFARE .OFF PCO 54 Days 03/11/2016 7400 ADAMSFOR LEADERS 1 Days '03/02/2016 06UN SENIOR OFF SHIP MAT REAOINES 33 Days 02/19/2016 03XJ SURF WARFARECO ANTI-TERRORI 2 Days 02/12/2018 939F SENIORSHIPBOARD FF REFRLAB 1 Days 02/05/2016 SWO USCGBRIDGE RESOURCE 08Y1 MGM 5 Days 01/16/2016 124P SWO ADVANCEDSHIPHANOLINO 5 Days 01/08/2016 156J TOMAHAWKCRUISE MISSILE CMD 5 Daya 11(13fl015 6948 JOINT MARITIMETACTICS 12 Days 11/06/2015 2822 MILITARYJUSTlCE SENIOR OFA 1 Days 09/30/2015 198A AEGIS PCO/PXOTRK 2 26 Daya 09/2512015 925}( NAVALSECURITI' MANAGER 5 Days 02/17/2011 9130 AEGIS BMD DET FUNCDESC&OVER 2 Days 08/18/2008 99BP AEGIS BMD04(3 .0/3.6}TACT 0 4 Days 01/29/2008 1923 TOMAHAWKCRUISE MSL CMO 5 Days 05/16/2007 9545 SWO DEPTHEAD 169 Days 04l06/2007 OOAT ANTI-TERRORISMOFF LEVELII 5 Day• 03/23/2007 939F SRSHIPFFREFLAB 1 Days 03/19/'i007 01E8 EMPL SFlY & HAZARDRECOG 5 Days 10/17/2008 OOBT AEGIS BMD SYS & TACTICALOPS 5 Days 09/29/2006 960P FADWC 5 Days 09/22/2006 198B AEGIS CSOTRK 2 40 Days 09/22/2006 959P ACO TRK 2 (AEGIS) 19 Daya 08/11/2006 298A BFMCMOFF 3 Days 10/24/2002 5877 INTROTO TDLS 3 Days 0513012002 ssn INTROTO TACTICALDATA LINKS 3 Days 05/30/2002 818Z STWO 19 Daya 05/10/2002 818Z STFTACTICALWTCH OFFICERLA 19 Days 05/10/2002 302C ANTI-TERRORISMOFFICERLVL I 5 Days 04/12/2001 302C ANTI-TERRORISMOFFICER (ATC) 5 Days 04/12/2001 207H NSFS (MK 34 GWS) 5 Days 12/06/2000 207H NAV SRF FIRESUP TT MK34GWS 5 Days 12106/2000 302C ANTI-TERRORISMOFFICER LVL I 5 Dc1ya 0811112000 302C ANTI-TERRORISMOFFICER (ATO} 5 Daya 08/11/2000 156H TWO 19 Days 04/21/2000 156H TOMAHAWKWATCH OFFICER 19 Days 04/21/2000 382T GCCS-M WATCHOFF 5 Days 03/31/2000 382T COMMONTACTICAL PICTURE MNGR 6 Days 03/31/2000 947H LEGAL OFFICER 30 Days 03124/2000 0259 LEGOFACER 30 Days 03/'l4fl000 B2SN BASICAOCO 12 Days 02/25fl000 928N BASICAEGIS OFF CONSOLEOPER 12 Days 02/25/2000 473D SWO GUNNERYOFF 8 Days 0210,nooo 473D GUNNERYOFF 8 Days 02/07/2000 444A SWO HARPOONWATCH OF 4 Days 01127/2000 444A HARPOONWATCH OF 4 Days 01/27/2000 444B AMMUNITIONADMINISTRATION 4 Days 01/21/2000 444B AMMOADMIN 4 Days 01/21/2000 3976 SWO BAS DOG51 BAS GT ENG 40 Days 01/14/2000 3976 ODG 51 BASGT ENG 40 Cays 01/14/2000 4MV SWO CORE PHASEI 75 Days 11/19/1999 ~l: IL!I!.First Mlddl•l 0 TAMULEVICH,JEfFREYSTEWART illllir - DCL.US The datac:ontalned hereJn Is protectedby the PrivacyAct of 1974. All measuresrequired to protect this Informationshould be taken. OfrLClalNSIPS/ESR Fann printed this date: 05/16/2018 ENCLOSUla(1i1 MEMBER DATA SUMMARY 237F DIV OFF CAPSTONE 12 Days 11/19'1999 • 237A DMSION OFFICERCAPSTONE 12 Days 11/19(1999 C 822.J BlJTTERCUP 1 Days 10/20(1999 822J BAS SHPBDDC WET TRN BUTTERC 1 Days 10/20(1999 933J GENSHBDFFTRNG 1 Days 10/19(1999 509X GEN SHBD FFTRNG 1 Days 10/18(1989 9665 NAVALACADEMY PREPARATORY SC 1 Days 05/1911995 9665 NAPS 1 Days 05/19(1995 SERVICECOLLEGE College Cd Jr/Sr Brd. Selected Jr/Sr Yr Ellg Jr/Sr Status Cd Jr/Sr Program Code 5 15 Princlpal SSC PERSONNELQUALIFICATION STANDARDS Station# Titre CompletionDate 43385-9A301 ANTITERRORISMTACTICAL WATCH OFFICER 10/1312017 43119-M 301 BASIC DAMAGECONTROL COMMUNICATIONS 05/22J2017 43119·M302 FIRST-AIDAND RESCUE 05fl2/2017 43119-M303 BASIC FIREFIGHTING 05/22J2017 43119-M 304 FIREWATCH STANDER 05/22J2017 43119-M305 BASIC CHEMICAL,BIOLOGICAL, ANO RADIOLOGICALDEFENSE 05/22/2017 43119-M306 BASIC DAMAGECONTROL 05/22J2017 43119-M 320 DAMAGECONTROL TRAINING TEAM MEMBER ~/13(2017 43101-4F301 SURFACEWARFARE OFFICER COMBAT INFORMATION CENTER WATCHO 02/27/2017 43101-4F302 SURFACEWARFARE OFFICER, OFFICER OF THE DECKUNDERWAY 02fl7/2017 43385.9A301 ANTITERRORISMTACTICAL WATCH OFFICER 08/11/2016 43304-E301 CRUISER/DESTROYER(CRUDES) TACTICAL ACTION OFFICER(TAO) 08/11/2016 43387-2F 307 ANTITERRORISMOFFICER 03128/2016 SURFACEWARFARE OFFICER, OFFICER OF THE DECK UNDERWAY C 43101-4F 303 PLA 06/08J2010 43241-J 304 LCPO/DIVISIONOFFICER 01/0t/2010 43241-.1306 DEPARTMENTHEAD 01101/2010 SURFACEWARFARE OFFICERCOMBAT INFORMATION CENTER 43101-4F 301 02/12/2009 WATCHO 43304-D 301 TACTICALACTION OFFICER (TAO) 03/28/2008 43385-9301 ANTI-TERRORISMWATCH OFFICER 01107/2008 43241-H 306 DEPARTMENTHEAD 10/17/2007 43101-4F 302 SURFACEWARFARE OFFICER, OFFICER OF THE DECK UNDERWAY 09/20/2007 43119.J301 BASIC DAMAGECONTROL (DC) COMMUNICATIONS 08129/2007 43119'1306 BASIC DAMAGE CONTROL(DC) 08129/2007 43119.J305 BASIC CHEMICAL,BIOLOGICAL , AND RADIOLOGICAL(CBR) DEFENS 08/29/2007 43119-J304 FIRE WATCH STANDER 08/29/2007 43119.J 303 BASIC FIREFIGHTING 08/'29/2007 43119.J 302 BASIC FIRST AID 06/29/2007 43241-H304 DIVISIONOFFICER 08128f2001 FOREIGNLANGUAGE PROFICIENCY Foreign Language ENGLISH Proflclancy Source ENGLISH Evaluation Method Self-Appralsel Evaluatlon Date 12/01/2005 Listening Reading Spaakln9 Writing , FREY STEWART The data conlalnedherein Is protectedby the PrivacyA ct of 1974. AUmeasures required to protectthis Information should be taken. OfficialNSIPS/ESR Form printed this date: 05/16/2018 MEMBERDATASUMMARY ( MEMBERINFORMATJON BrfCfs : USN RanlyRate PESO ADSD ACBD SSED Pay Grade ;- Speclal Prog . Ind Off/Enl Enfisled Destgnator PNEC =0000 PrfmaryAQD SNEC EnlJstedDesignator NolQualified for any Oeslg SECURITY Ellglblllty Secret Investigation Date lnvestlgaUon Type NACltAC/CC Clearance Date Security Clearance Secret Agency CURRENTASSIGNMENT UIC 70 HOPPER Report Date PRO Sea Shor• Code ea uty Homeport : PearlHarbor, HI ACC I ~ U - PennenentAssignment for Duty SDCD/SHDCD BSC PERSONALlNFORMATlON -,-,----,~---DE .....P__EN _____ DENTS INFORMATION Sex No. of Depn. DOB : ~ Age : Primary Marital Status ; ~ Secondary Citizenship Arrival Date Raaa - On Station Nbr O Command Sponsored Ethnic Group Fmly Care Plan ReOglon Res. In Hsehofd 0 HOR-City HOR· State Zip: EDUCATION- Education Certlf Education Years ASVABTest ID AFQTScore GS/GI: MC : Al : AR/NO: EUGS: SONAR: WK/AO: VE/SI: RADAR: PC/WK: DLAB: ETST: The data contslned hereinI s protecled by the PrivacyAct of 1974.AU measures required lo protect this lnfonnatlon should be taken. Official NSIPS/ESRForm printed lhls dale : 05/16/201B MEMBERDATA SUMMARY UNIVERSITY DATA College Name Degree Attained Major Months Attended 0 SERVICESCHOOLS Course Code CourseTitle Course Length Ccmplatron Data OOCN SEC REACTIONFORC TM MBR·BAS 4 Days 08/19/2016 ODCL NAVY SECURITYFORCE SENlRY 16 Days 08/15/2016 7661 VOYAGEMOT SYSTEM(VMS) OPER 12 Days 05/20/2016 3719 GEN SHIPBDFIRE FIGHTTRN -SC 1 Days 02/16/2016 148P MU WORKCANDIDATE (2K) WRITE 1 Days 12/09/2016 N215 MRPOTHIRD & SECONDCLASS 1 Days 12/06/2015 8865 QUARTERMASTERCLASS A 62 Days 07/17/2015 636L PERSONNELFINANCIAL MANAGEME 2 Days 05122/2015 982R NAVYMILITARY TRAINING 2 Days 05/201201S 842S SERVICESCHOOL CMO GL INDOC 1 Days 05118/2015 6387 RECRUITBASIC MILITARYTNG 59 Days 05/16rl015 SERVICECOLLEGE Collage Cd Jr/Sr Brd. Selected Jr/Sr Yr Ellg Jr/Sr Status Cd Jr/Sr Program Code PERSONNELQUALIFICATION STANDARDS Station# Title Complatlon Date 43492-2J301 BRIDGETELEPHONE TALKER 03120/2018 43492-2J319 QUARTERMASTEROF THE WATCH(QMOW) 03/20l'l018 43492-2J318 NAVIGATIONANCHOR WATCH 03/20l2018 43492-2J317 VOYAGEMANAGEMENTSYSTEM(VMS)OPERATOR 03120/2018 43-i92-2J315 BEARINGBOOK RECORDER 03/20/2018 43492-2J 314 BEARINGTAKER 03/20/2018 43492-2J311 INPORTDUTY QM 03120/2018 43492-2J310 Fl.AGBAG OPERATOR 03/20/2018 43492-2J 304 HELMSMAN 03120/2018 43492-2J303 LEEHB.M 031'20/2018 43492-2J302 LOOKOUT 03/20/2018 43397-E306 OFFICEROF THE DECK(OOD) IN-PORT 01129J2018 43398-13B305 AN/SPA-250OPERATOR 01/01/2018 43398-13B302 LOG KEEPER 12/18/2017 43398-13B304 MANEUVERINGBOARD PLOTTER 12/18/2017 4311&-M312 REPAIRPARTY INVESTIGATOR 12/08/2017 43119-M309 ADVANCEDCHEMICAL , BIOLOGICAL,AND RADIOLOGICALDEFENSE P 10/17/2017 43466-0315 M-2 .50 CALIBERt-EAVV MACHINEGUNOP ERATOR 10/13/2017 43241-L303 WORKCENTER SUPERVlSOR 04/17/2017 43119-M311 AQUEOUSFILM FORMINGFOAM/TRANSFER STATION OPERATOR 01/09/2017 43119-M301 BASICDAMAGE CONTROL COMMUN ICATIONS 12/20/2016 43119-M310 ADVANCEDFIRST-AID/STRETCHER BEARER 12/20/2016 43119-M 308 TEAMLEADER 12/20/2016 43119-M307 ADVANCEDDAMAGE CONTROL 12/20/2016 43119-M306 BASICDAMAGE CONTROL 12/20/2016 43119-M305 BASICCHEMICAL, BIOLOG ICAL,AND RADIOLOGICALDEFENSE 12fl0/2016 43119-M304 FIREWATCH STANDER 12120/2016 43119-M303 BASICFIREFIGKTING 12fl0J2016 43119-M 302 FIRST-AIDAND RESCUE 12120/2016 4346()-40301 SAFETYPETTY OFFICER (ASHORE , AFLOAT, AVIATIONAND SUBMAR 11/1912016 43220-7302 UNEHANOi.ER 11/19/2016 The data containedherein Is protectedby the Privacykt. of 1974.All measurssrequired to protectlhls informatlonshould b8 taken. OfficialNSIPS/ESR Form printed lhls data: 05/16/2018 Page2of4 EN&lOSURE(/i) MEMBERDATA SUMMARY 43466-0 313 M24D(BIN) MEDlUM MACHlNEGUN OPERA TOR 10/17/2016 43119-4H303 DIVISIONDAMAGE CONTROL PETTY OFFICER (DCPO) 10/02/2016 ( 43341--H302 MK164 BRIDGELAUNCHER CONTROL PANEL OPERATOR 09f29/2016 43397-E303 PETTYOFFICER OF THE WATCH(POOW) 09/2312016 43397-E303 PETTYOFFICER OF THEWATCH (POOW} 09/22/2016 43466-0 301 M9 SERVICEPISTOL OPERA TOR 09/0612016 43387-2F302 REACTIONFORCE MEMBER 09/06/2016 43387-2F 301 SENTRY 09/06/2016 4346S-0308 M16 (SERIES)RIFLE OPERATOR 09/0M!016 43466-D305 M500 SHOTGUNOPERATOR 09/06/2016 43901 301 ENLISTEDSURFACE WARFARE SPEC IALIST (ESWS)COMMON CORE 08/26/2016 43901-9301 ESWSUNIT SPECIFIC FOR DOG51 Cl.ASS 08126/2016 ◄3220-7301 BASIC COMMUNICATIONS 08/18/2016 43119-L307 ADVANCEDDAMAGE CONTROL (DC) 05/26/2016 43119-L308 TEAMLEADER 05/26/2016 43119-l310 ADVANCEDFIRST-AID/STRETCHER BEARER 05/22/2016 43492-21317 VOYAGEMANAGEMENT SYSTEM (VMS) OPERATOR 05/1Bl2016 43241-l 302 REPAIRPARTS/SUPPLY PETTY OFFICER 02/2912016 43241-L301 MAINTENANCEPERSON 01/01/2016 43397-E302 MESSENGEROF THE WATCH(MOOW} 12/1512015 43532-1D 305 CPO/OFFICERMESS ATTENDANT 10129/2015 43523-8301 CRAFTSMAN 09127/2015 43241-K CH·1 301 MAINTENANCEPERSON 09/16/2015 43249301 SCULLERY(DISHWASHER) OPERA TOR 08/27/2016 43532-10 301 MESS DECKATTENDANT 0812712015 43119-L301 BASIC DAMAGECONTROL (DC) COMMUNICA'T1ONS 08/26J2015 43119-L302 BASICFIRST-AID 08/2812015 43119-L303 BASICFIREFIGHTING OBl'lB/2015 43119-l.304 FIREWATCH STANDER 0B/2812015 43119-L305 BASIC CHEMICAL,BIOlOGICAL, ANO RADIOLOGICAL(CSR} DEFENS 0B/2612015 43119-L306 BASIC DAMAGEC ONTROi.(DC) 0Bl2B/2015 FOREIGN LANGUAGE PROFICIENCY Foreign Language ENGLISH Proficiency Source ENGLISH Evaluation Method Self-Appraisal Evaluation Date 12/01/2014 UstanJng Reading Speaking Writin g CONTRACT INFORMATlON CeD EAOS SoftEAOS EREN SoftEREN EDLN ReasonCd EOLN ENCORE CREO Dt FORMAN Appr Dt - NEC HISTORY NEC Effecttve Date Grade Limit Priority WARFAREQUALIFICATIONS HISTORY Designator Effective Date Platform QualfRevoke The data containedherein 1S protected by the PrtvacyAct of 1874 All measuresrequlred to protectthis Informationshould be taken. OfficialNSIPS/ESR Form printed this dale: 05/16/2018 Page3 or4 t ..~ V URE( 11) -~~ MEMBERDATA SUMMARY DESIGNATORHISTORY SUBSPECIALTY HISTORY C _D_a_s_.19_n_a_to_r______E_ff_ec_t_lv_e_D_a_te______s_u_b_s.._p_e_cl_a_.lty.______ BSCHISTORY AQD HISTORY BSC BSC Date UIC AQD Effective Date ADDITIONALDUTY BSC HISTORY ADDUBSC Report Date Detach Date UIC PREVIOUSMILITARY SERVICE Service Branch Service Branch 2 Service Branch 3 Service From Date Service High Gr/Rank Service Months o Rank/Rate Grade Rank Date DesignateAs Strtlcer Examination- NETPMSA Special Program Examination- f"ETPMSA SPOT Promotion Grd DOR-SPOTPromotion Permanent Grd Promotion Status Promotion Stat FY1 Promotion Stat FY2 Promotion Stat FY3 Precedence Grp Precedence Yr Grp Precedence No. Pree. No.- Inactive Cmd Screen Result9 Toe data contained herein Is protectedby the PrivacyAct of 1974. All measuresrequired to protect thisInformation should be taken. Official NSJPSIESRFerm printed lhls dale: 05/16/2018 Page4 or 4 E1.-1..0SU RE{1 9) DEPARTMENTOFTHENAVY USSHOPPER (ODO 10) UNIT100112 BOX I ( FPOAP96667 5812 DOG 70-ADM/279 31 Dec 17 From: CommandingOfficer, USS HOPPER (DOG 70) To: Commander,Navy Personnel Command(PERS-OOJ) Subj: SET ASIDE OF NONJUDICIALPUNISHMENT IN CASE OF - USN Ref. {a) Manual for Courts-Martial(MCM), Part V, Paragraph6d (b) MILPERSMAN5812-010, Setting Aside Nonjudicial Punishments(NJP) Encl: (1) ExpungementCertificate 1. As the imposing nonjudic~thority's successor in command, I hereby set aside the NJP awarded t~ USN, on 21 May 2016 in connection with her arrest for operating e vehicle under the influenceof an intoxicant on 17 May 2016. All rights, privileges,and property affected by vi~ of this purushmentsheU be restored. Per reference(a), request you remove fro~ fficial record all reference to this punishmentwhich has been set aside. Request copy-to addressees take appropriaterestorative action in case o and notify me and member concernedwhen completed. 2. Following informationconcerning this action is provided: a. Name: b. Date ofNJP : 21 May 2016 c. Imposing Command: USS HOPPER {DOG70) d. Offenses of which member was found guilty: UCMJ1 Article 111: Drunken or reckless operationof vehicle, aircraft, or vessel. c. Punishmentawarded: 45 days restriction,45 days extra duty, forfeiture o~ cr month for two months, and reduction to next inferiorpay grade. f. Punishmentbeing set aside: 45 days restriction,4S days extra duty, forfeiture of _ per month for two months, and reduction to next inferior pay grade. g. Rationale for set aside: Enclosure(I) is submitted for evidentiarypurposes and clearly exculpat~ f any wrongdoingin relation to her NJP and negatesall charges and ) punishmentsimposed. Member's cxpungemcntorder states that no record of her alleged offense Subj: SET ASIDE OF NONJUDIClAL PUNISHMENT IN CASE 0 ~ - USN exists and annuls her record of arrest. Based on these circumstances,the member's imposed punishmentsare a clear injusticeand should deservingly be overturned. h. Unusual circumstance(s): Draftingof enclosure (I) by the State of Hawaii Departmentof the Attorney General was completedseven months after alleged incident,thereby impeded delivery of Letter of Notification within the recommended4-month window. Followingreceipt of enclosure (I), HOPPER had an acting Command Master Chief who was unawareof reference (b), and presumed the finding of guilt was irrclevan~ of the expungementcertificate. Subsequentto my assuming command (1 Sep 2017)- researchedreferences (a) and (b) and requested through her chain of command her NJP guilt be reconsidered. 3. This letter shall not be filed in fficial record, but shell be destroyed after your action is complete. 4. The point of contact for this matter is ExecutiveOfficer. He can be reached a Very respectfully, Copy to: COMCARSTRKGRUELEVEN COMDESRONNINE USS HOPPER PSD Pearl Harbor 2 Page 1 of 1 STATE OF HAWAII DEPARTMEl'ff Of THE ATTORNEY GENERAL Expungement Certificate THIS IS TO CERTIFYthat ursuant to Section 831-3.2. Hawaii Revised Statutes,an expungementorder has been Issuedt by the AttorneyGell8ral of the State of Hawanwh ich annuls the record of arrest ror the following: Offense Dateof &rest .JPERATINC A VtltICLE UllCEll ~HE I!IFI.UEtt . £ OF AN IH'l'OXICANT 0!t/17/2016 Ir digitized Imageswere taken at the time of arre$t,those images have been deleted by the law enforcement agency holding them, and therefore, those Imagescannot be returnedto you. Under the provisionsof Section 831-3.2, Hawaii Re'llsed Statutes, this certifrcate authorizesyou lo state In responseto any questionor Inquiry, whether or not under oath, that you have no record regardingthe specmc arrest(s) listed above Oated this December 20, 2016. ATTORNEY GENERAL State of HawaH ,strator Hawaii Criminal Justice DEPARTMENT OF THE NAVY NAVYPERSONNEL COMMAND 5720 INTEGRITY DRIVE MILLINGTON TN 38055-0000 1610 PERS-32 3 January 2018 From: To: Subj: CORRECTIONOF YOUR NAVAL RECORD Ref. (a) BUPERS-001ltr Ser 5812 BUPERS-00J/002of02 Jan 18 1. Per reference (a), your naval record bas been corrected by removingthe original evaluation report for the period of 01 March 2016 to 21 May 2016. A memorandum of continuity will be pJaced in your file that maintains your continuity. .l...l!,.Youhave anr~g to this case, pleasecontac atDSN - - orcommerc1a- ---Original Message-- From DDG-70 Sent: Friday, May 18, 2018 1:19 PM To CNSGM IDPAC,NOOJ Subject: RE:Request #2 for information U/W schedule: 28 Sep- 09 Feb: Surge Deployment 20 Mar· 23 Mar: READ-E2 26 Mar: Family Day Cruise 10 Apr - 13 Apr: Type Training 27 Apr - 14 May: ESSEXARG/MEUEX OPFOR Tasking Page2: Attached Set aside paperwork: Attached OCSpackage: Attached V/r, C HOPXO ExecutiveOfficer • I • i. I CNSGMIDPAC, NOOJ From: Sent: To: ( bject [Non-DoD Source]Re: Checking In I'll have to give you a better response when I am not stuck typing on my phone. Trying to really give any sort of good responseon this is a pain. The apartment sounds really good. Wouldn't the commute work out becauseyou would already be at the beach and would not have to drive from base to the beach and then back? I have had similar moments where I wanted to share something with you and could not. Like even today, I figured you would get a kick out of me not doing CO stuff, but instead just doing normal man stuff like cleaningthe grlll. I will say, to pretend we are only going to talk about OCS stuff from now on is not okay with me. I want to be able to have other conversationswith you. To not have that Is very sad indeed! Hopefully your duty day is going well. I am looking forward to actually getter my back to work tomorrow becauselife has been too slow for the past two daysl > On Feb 10, 2018, at 22:18, wrote: > > How come It has been the weirdest homecoming you have experienced? > > I went and saw the apartment this afternoon. lt is small but perfect since it is just me. I can see chinamans hat and the sandbar from the backyard.The only thing holding me back is the drive it took me 28 minutes to get from there back to base today which is kind of a long drive. > \m sorry you haven't reached any clarity. Maybe you just have to give it more time. I am doing okay, I have been ( •atively productive the last couple of days as long as I stay busy I don't think too much. I miss talking to you too. All day something happens that I wish I could tell you and then I realize I can't, It's sad. > > Sent from my iPhone > » On Feb 10, 2018, at 8:59 PM, Jeffrey Tamulevich wrote: >> » I'm not sure why the email only got to you yesterday. That is weird. I guess I am glad you got it so you can realize how dumb I can be. >> I think it is going to take a while to decompressand catch up on sleep. I don't know If I will ever get there Things here seem the same and different. lt has been the weirdest feeling homecoming I have experienced. » Were you able to go see the apartment you were excited about? » I was really hoping getting home would provide some awesome point of clarity for me. Sadly, i am just as confused as I was two days ago. » How are yo fairing with everything? I appreciate you not emailing first. You are right, that could cause problems if I did not set it up to go to a folder. lam missingtalking with you. l ENCLOSURE() CNSGMIDPAC, NOOJ From: Tamulevich, Jeffrey S. CDR CO DOG-70 Sent: ~ 22:55 ---- DDG70 ( ' 1jed: RE:U/W Again Awesome I I look forward to hanging out a bit. What time-ish? I'll ensure I open my door . Attempting to sleep was a huge failure. I can not believe how many calls I got while just trying to sleep in the past hour plus. C EtJGLOSURE( ) CNSGMIDPAC, NOOJ From: Tamulevich, Jeffrey S. CDRCO DDG-70 Sent .d A ·121 2018 23:08 ...-o: DDG-70 RE: U/W Again ( bject - It wasnice ...though I am not sure if it helped or hurt me more. I'll ensure the door is open. Do you want/need a glass of water or anything? EPlGLOSURE( ) CNSGMIDPAC, NOOJ From: Tamulevich,Jeffrey S. CDRCO DDG-70 Sent: ~ 23:29 -1: 111111111111111DDG-70 ( bject RE: U/W Again Okay! :) I am sure you are loggingoff soon . See you in a bit. Ef!CLOSURE( ) CNSGMIDPAC, NOOJ From: Tamulevich,Jeffrey S. CDRCO DDG-70 Sent: ~8 :30 ~ DG-70 RE: U/\N Again Just sayinghello as you are headed up to watch and I am headedto my morning events. I know you were tired last night... really tired ...but thanksfor hangingout for a bit. :) CNSG MIDPAC,NOOJ From: Tamulevich,Jeffrey S. CDRCO DDG-70 Sent ~ 8 11:07 - DDG-70 ( 1ject: RE:U/W Again Ugh! That is frustrating. Ijust said today at Battle Syncthat I was not going to drive the watch thing today, but that it should NOT be one watch gets off completely, and rather the time should be spread over 2-3 watches, rather than one watch get a complete hook-up. I will remain hopeful that you get a nap or something in and that you are not struggling as much tonight. I really did enjoy hangingout like we did last night I C E. E( ) NSG MIDPAC,NOOJ From: DDG-70 Sent Saturday,April 28, 2018 11:17 -..,: Tamulevich,Jeffrey S. CDRco DDG-70 ( \;ect RE:UfV,J Again From what I have heard as far a~ o. One watch is absolutely getting the hook up. I don't have the fight in me today to complain about it. I enjoyed getting to hang out for a little bit last night too. EftCLOSUGE( ) CNSGMI_DPAC, NOOJ From: Tamulevkh, JeffreyS . CDRCO DDG-70 Sent: t d A ·128 2018 20:06 ··t DDG-70 ( bject: - RE:U/W Again Door will be open. :) From: DDG-70 Sent Monday, April 30, 2018 20:27 Tamulevich,Jeffrey S . CDRCO DDG-70 RE: U/W Again It Is almost time. I am signing off now see you soon! CNSGMIDPAC, NOOJ From: Tamulevich,Jeffrey S. CDRCO DDG70 Sent ~ 3:48 ---- DDG-70 RE: U/W Again Good morning! Hopefully your morning has been good, and this finds you at the start of a good, quick watch I Thanksfor chilling out for a bit last night. CNSGMIDPAC, NOOJ From: DDG-70 Sent: y, y , 820 :28 -Tamulevich,Jeffrey S . CORCO DDG-70 ( -,ject: RE: U/W Again It actually loaded pretty quickly and I was able to print it out. I now have everything I need to do all of my schoolwork next week! Oooo cheezits sound really good right now I logging off see you soon. 1 CNSGMIDPAC. NOOJ From: DDG-70 Sent Wednesday,May 02, 2018 20:32 Tamulevich, JeffreyS . CORCO DDG-70 ( bject: RE: HappyWednesday Logging off now see you soon! ) CNSGMIDPAC. NOOJ From: DG-70 Sent y, y , :23 -~= -Tamulevich,Jeffrey S. CDRCO DDG-70 \Ject: RE:Finally Friday That is annoyingthat no one updated you on the change. Alright I am loggingoff now see you soon! ( ) CNSGMIDPAC, NOOJ From: Tamulevich, Jeffrey S. CDRCO DDG-70 Sent: ~ 81 7:17 - DDG-70 ( jed: RE: Great Day1 Not sure you are even able to check this. Are you still planning on swinging by right after watch, or later than that ? ) CNSGMIDPAC, NOOJ From: DDG-70 Sent: Saturday, May OS, 2018 17:20 Tamulevich,Jeffreys . CDRco DDG-70 ( -\Ject: RE: Great Day! Youmissed it it was actually not a bad sunset after a11the sky was all pink and pretty . But yes definitely very busy up here right now. I am going to run down and take my contacts out and then yes I will be coming by should only take me like five minutes. 1 CNSG MIDPAC,NOOJ From: Tamulevich, Jeffrey S. CORCO DDG-70 Sent: onda Ma 07 2018 17:07 DDG-70 Dject: y - Not sure if you'll check this . I'm taking a quick shower, then probably heading up to the bridge for a bit . You are more than welcome to execute the plan ...and I hope you do. And I am expecting you will :) From: DDG-70 Sent: Monday, May 07, 2018 17:22 Tamulevich, Jeffrey S. CDRCO DDG-70 bject: RE: Great Day! I plan to executeI ~ ( ) CNSG MIDPAC,NOOJ From: Tamulevich, JeffreyS . CDR CO DDG 70 Sent: ~ 83 .40 - DDG~70 bjed: RE:Great Day! I am so glad you executed last night! I hope you havea better day today. For what it is worth, I am already looking forward to 2100ishI ) CNSGMIDPAC, NOOJ From: DDG-70 Sent: Tuesday, May 08, 2018 3:50 -,: Tamulevich,Jeffrey S. CDRCO DDG· 70 l .oject: RE: Great Day! It was actually much easier than I thought it was going to be getting in last night. Sorry I was so tired . Lately I just feel wiped every night and I know the stress of school is getting to me a little bit too. I am looking forward to 2100 as well. '( ) NSG MIDPAC,NOOJ From: Tamulevich, JeffreyS . CDRCO DDG 70 Sent: ~ 0183 :04 □DG•70 .>ject: -RE: Great Day! Good morning! I hope today is an even better day than yesterday for you I am happy we got to hang out a bit last night. Hopefully it is a good sunrise this morning. CNSG MIDPAC,NOOJ From: - DDG-70 Sent ~ 8 3:29 Tamulevich, JeffreyS CDRCO DOG· 70 .oject: RE: Great Day! Good morningI I was reallyglad I decided to come up last night. I slept really well even though I definitelycould have used at least two more hours. I am looking forward to hanging out tonight as well and it will be at a much earlier time! It is lookinglike it is going to be another dreary sunrise :( l CNSGMIDPAC, NOOJ From: Tamulevich, Jeffrey S. CDR CO DDG-70 Sent: ~ 8 3 32 -,: - DDG-70 (_ bject: RE:Great Day! Good morning againI I am glad we got to hang our last night . Though busy, I hope you have a great day. I was just writing you asking you about the sunrise when your e-mail came in :( I am very happy you were glad we got to hang out too. It will be nice to hang out for a bit before 21001 1 CNSGMIDPAC, NOOJ From: Tamulevich Jeffrey S. CDRCO DOG-70 Sent Th da Ma 10 2018 18.28 DG-70 ..>ject: E e t ay. Okay, I will try to remember. Are you planning on stopping by right after watch, or are you headed back aft first? I noticed you already had glasses on. Ef!GLUSUHE( ) CNSGMIDPAC, NOOJ From: DDG-70 Sent Thursday,May 10, 2018 18:30 -.,: Tamulevich, Jeffrey S CDRCO DDG-70 \__ bject: RE:Great Day! I am planning to be stopping right by after watch . My contacts were driv ing me insane so I took them out before watch . 1 .E() CNSGMIDPAC, NOOJ From: Tamulevich, Jeffrey S. CDRCO DDG-70 Sent: • • . " . I I 8 18:31 -.,: DDG-70 \..._ \;ect: RE: Great Day! Perfect! Not perfect your contacts were bothering you, but perfect stopping by after watch. I'm assumingyou are I logging off very soon, so I will see you in a little bit. ) CNSG MIDPAC,NOOJ Sent: turda Ma 12 20188 :29 To: DDG-70 ( -•lbject: y - I was going to ask about your assignment. I hope you are able to get that completed today so you do not have it weighing on you after watch or tomorrow. Last night was very nice. It seemed like for the first time this underway you were much more relaxed and happier than you had been. I look forward to more of that this evening. And absolutely agree on pizza night I I'll squirrel some away for either a late night snack or mid-morning snack for tomorrow:) Keep having a good day!!! ,,.,,,.. .,, ..... - CNSGMIDPAC, NOOJ Sent: Sunday, May 13, 2018 6:15 DDG 70 ( .,ubject: LastDay Glad you got your assignment uploaded I Are you planning on stopping by after watch??? I am slightly confused, but not completely ...just want to verify. ( ) CNSGMIDPAC, NOOJ Sent: 6·27 ,.o: ~---- DDG-70 ( JUbject~ RE:Last Day I am absolutely still on board with that plan. I guess I was slightly thrown off by the nap comment, but not anymore. I am looking forwar~ to a GREATSunday! C CNSGMIDPAC, NOOJ From: DDG-70 Sent: y. y , 6:25 -,: Tamulevich, Jeffrey S. CDRCO DOG-70 ojed! RE· Last Day Yes as long as that is still the plan! C ) CNSGMIDPAC, NOOJ From: Sent: (Non-DoD Source) Final Night This morning seems like forever ago. Are you planning on stopping by this evening to hang out for a bit? I am assumingand hoping yes, but feel like I have been away from my computer all damn day that we haven't had much back and forth banter . ) CNSGMIDPAC, NOOJ From: DDG-70 Sent: Sunday, May 13, 2018 19:59 -.,. Tamulevich, Jeffrey S. CDR CO DDG-70 ( ·:,ject RE: LastDay Sorry I wanted to come out and watch the sunset but I was battling with the track and trying to find a good course to steer that I completely missedit plus it is harder when the sunset is on the port side of the ship to pop out un-noticed. Are there any movies that are ending soon? Of course I was alwaysplanning to come by it is our last night underway ever together! 1 NSG MIDPAC,NOOJ Sent: d M 13 20182010 To: DDG·70 ··,bject: RE:Last Day ( - Okayl :) That makes me happy to hear. Not sure why, but I was getting doubt In my mind. Are you planning on right after watch? Or do you need a contact lens pitstop? Or is it lense? I am very sad it is our last night underway together. Maybe the sunset will have to be on a duty day or in Kaneohe.• :) Unsure about the mo\lle. ..do you want me to call and just have them put on 12 Strong now? ) NSG MIDPAC,NOOJ Sent ~ 20:30 To: - DDG-70 ..,Jbject: RE:last Day ( We are set. In 35-45 mlns, channel 18 is over. They are going to start 12 Strong 1:30 into the movie :) It is very bitter-sweet. I think it Is more bitter for me than sweet,but it hasbeen an exhausting2+ years. I think I am really just not looking forward to an SRAthat is going to extend for the duration of my tour and beyond. There is still pizza, I grabbed a root beer, and of course cheeseits... just in caseyou are hungry at all. I am looking forward to hangingout and talking. Hopefully we have the energyto actually talk for a little bit. CNSGMIDPAC, NOOJ From: DDG-70 Sent: Sunday, May 13, 2018 20:33 To: Tamulevich, Jeffrey S. CORCO DOG-70 ( }'Ject: RE: Last Day Logging off see you soon! ) From; To: Subject: (EEMSG·SPAM: Sus;>ect}lNon-OoD Source] Fwd: Stmyllme ( Date: Thursday, May17, 2018 13:23:47 SL'nlfrom my iPhonc Begin foNarded mc~sage: horn: Date-· A ril 9 2018at4:26 :28 P~! HST To:• Subject: Story Time ( ) 0 EHGLOSURE() C From:JeffreyTamulevi Da To. Subject: Great Night Hey- Goodmorning I I figured I would e-mail now instead of the normal text Thankyou so much for last night and a gteat end to my day. The dinner and companywere amallngUI So many times I find myselfwishing ~hesituation we are In were different. I know we havetallted about it and I guesswe have both just cometo accept that they are not rlght now so we Just t,ave to wait. I was hoping not to wake you up either, but failed miserablyat that I greatly appreciate the gifts so much. You did not need to do that, but thank you. It really meansa lot to me that you thought of me. I am sorry we will not get to spend really any significantpart of tomorrow together:( Thenexttfme I spendthe night. I wlfl not have as much to drink. f know I said that last time, but the drinks .:aughtup to me more than I thought they would. If In any wayl was embarrassing or a jackass,I am sorry. I feel llke there Is more I need to write as I am having a moment of not living up to expectationsor somethinglike that. I had a ton '!If fun last night, but feel like I might not have responded appropriately to some discussiontopics and I knew the drinks caught up to me when it was taking me a lot of focus to speakcoherently. That ls not how I want to spendthe few great momentswe sharetogether. ThoughIt seemslike forever away,I am hoping I can see you on Monday. And I will haveto say,I selfishly know I already want to have you on Tuesday... and Wednesday mom Ing? Not sure if the watch worksto support that, but maybe??? I hope you have a great day and know that I am thinking of you. Jeff J E To: H1cle ( Re: That is awesome news! So so s00000 awesome! I am ecstatic and relieved. You have done everything in your control to get to this point . I will continue to do everything in mine to keep it going. Did you get the two pies I sent of you? I am really going to miss being underway, or knowing O that there is a future underway to look forward to , if you know what I mean. To: Hide ( Re: Thank you for being a positive in my time in command. Though challenging at times, working toward the goal of getting you your commission has been one of the joys I have experienced. ) to get nit! corTunI!>!>1onea Is wnac nas Kepc me going C To: Tan1ulevich Jeffrev Hide ( No Subject ) l To: Hide I am quite certain there is a lot I could not have done without you! Starting with the question you asked months ago when routing the night orders. I never would have known there were BS rumors going around about tne. I am so sorry for such a long delay between responses. It has been a fun evening here. · · C Yes, that was meant as sarcasm. \ } To: Hicle ( Re: Oh good. I was thinking you thought I had some dirty list in mind. Though it would not take much to create one. She's been sick for several days now. I was hoping she'd be over it by now. ) Uc:u1y ll1dl :;uu11u:; lt:( I !Ult:. 1:; Jl lll~ IIU r ) 0 ) 0 () To: T~n1ulevich Jeffrey Hide ( No Subject To: Hide ( Re: I hope me being good is a good thing. want to find that happy medium. '• To: Hide ( Re: I do appreciate it not going unnoticed, I think. I am missing you!!! Right around now is the time I am usually seeing you. ~ vUI I y I t-Jd::>::>~U uu l ::>U I Id I U Id:> l I 11~1 I l. I VVd~ ::>U lll ~u. ) C () Re: ( ) Re: () Re: ) •--■ I -- WW• I _,_ ■,■-- ■ II•- - ■ ,_ .______ Re: ) Re: r ( ) 0 Re: ( I was going to hold your BAH chit hostage. came to grab it~ Re: Ummm ...crap. Should I be concerned? Sorry I am feeling really bad for making this afternoon so awkward. What I was hoping would be a nice or sweet gesture is just not sitting completely okay with me. I really hope you have a good Thursday. I wish I was helping you with it. : ( ( Re: ( ) Re: That is indeed a fun fact! I feel very humbled that you did that for me. You are the only person . - ( Re: ( Re: Re: Re: Re: ( Re: Re: You are amazing, I wish we were hanging out in person ( right now. Re: and I were pretty much just hanging out and was ) upstairs most of the afternoon. Now everyone is upstairs and I am down figuring out dinner. Re: Kind of. Things are not bad though. Just not like they were. Part of stuff that is going on in mv hP-~rl th~t I w;:int tn t~lk tn wnat·s p,~nours ·t I ne Benghazi movie? I remember dealing with that at last job. C Ugh! I would gladly do wine if it meant hanging out with you. Not sure if it is feasible, but I am hoping we can hang out a little on Tue ... maybe. Yes, on duty. But it should be a quiet day. ) Re: Well I hope we can make it work. • • • • I • • I I Ital l:S 1Jruuc1u1y U~l,;dU:Se I clfll much more immature than I truly am in age ;) ( I am hoping that is also the first time you've been in the COs cabin like that too :) How is the movie? It isn't over yet , IS. ·t?I • Re: In all seriousness, I do not feel that much older than you. But every once in a while it hits me that I am considered significantly older than you by some standards. Your idea of a boring or lame night in to me sounds fantastic! 0 Re: Oh, I am totally fine with having C a package to open;) C Re: C Re: C Re: Heaa1ng name to gei now. ( Re: ) Re: C Re: ( Re: ) C I ,- ('•r "(') Re: ( (_ ( Re: ) ( C C 5 ( ) ( _ I C Re: ¥ - . -- -:;,, - - ·- - -- - . ------· . - -- ;;,- • - ( ) ( appreciate stI e1nga e to text-mail. Is it awkward at all for you right now? The back and forth seems normal to me ...but I am still slowly trying to digest everything. Re: I am glad to hear that. You wrote about us getting through this together no matter how weird or awkward, so I just wanted to r GOVERNMENTEMAILS Date CO t~ to CCTotal JT re OCS - CCTotal • OCS 16-May 2 0 2 0 0 2 15-May 0 0 0 0 0 0 14-May 1 0 1 0 0 1 13-May 12 10 22 0 0 22 12-May 9 3 12 0 0 12 11-May 16 9 2S 0 0 2S 10-May 13 8 21 0 0 21 9-May 11 7 18 0 0 18 8-May 8 s 13 0 0 13 7-May s 4 9 0 0 9 6-May s 1 6 0 0 6 5-May 9 2 11 0 0 11 4-May 13 10 23 0 0 23 3-May 7 4 11 0 0 11 2-May 9 6 15 0 0 15 1-May 14 9 23 0 0 23 30-Apr 18 16 34 0 0 34 29-Apr 17 14 31 0 0 31 28-Apr 9 6 15 0 0 15 27-Apr 7 5 12 0 0 12 (' 20-Apr 0 0 0 1 0 1 •Email to third party 18-Apr 0 0 0 1 0 1 '"Emailto third party 16-Apr 0 0 0 3 0 3 '"Email to third part ies 13-Apr 0 0 0 l 0 l •email to third party 11-Apr 0 0 0 1 0 1 '"Email to third party 9-Apr 0 0 0 l 0 1 •Email to third party 2-Apr 0 0 0 1 0 1 nterview assessment 28-Mar 0 0 0 1 0 1 •Email to third party t _.;:..@ ~ lE (Q~) u \J ( 21-Mar 0 0 0 2 0 2 *Professional emails- re: personal statement 13-Mar 0 0 0 2 0 2 *Profeessional email- re: interview 27-Feb 0 0 0 6 0 6 *Professional email- re : interview, personal stmt, bio, etc. 20-Feb 0 0 0 1 0 l •professional emai- re: letter of recommendation (from him) 11-Feb 1 0 1 0 0 1 8-Feb 1 0 1 l l •1 •improper salutations on back and forth emailsabout a letter or recommendation (from - 187 119 306 22 l 325 r ,. Maybe like a week ago · (" It's a wicked cute picture!!! Thanks! We took it super sneakily lol Haha I assumed but at least you got one! And I like his smile! 0 He emailed me yesterday to check :on me Awww! l1m home now so you can call me whenever you're free! How long will you be up for? (_) Probably a couple of hours ENCLOSURE~7} CNSG MIDPAC, N0OJ }.t: 814 :10 DDG-70 ( bject: on .-tttachments : - IMG_6084JPG has the conn! ) 1 {)_; .,, ... 77tl,{Vt,t.lll" tf u-- . - - CNSGMJDPAC, NOOJ Tamulevich,Jeffrey S CDRCO DDG-70 ( ~~: ~ 01810 .48 ---- DDG-70 ,:,ubject: ConningOfficer Pies(1 of 2) Attachments: 2018-05-06 - UNREP 1JPG; 2018-05-06 - UNREP 2JPG Someother pies of you conning! ..,,.._ CNSGMIDPAC, NOOJ Tamulevich, Jeffrey S. CDR CO DDG-70 ed d Ma 16 2018 10:49 ( ~~: DDG-70 .,ubject: g (2 of 2) Attachments: - 2018-05-06 - UNREP4 .JPG; 2018-05-06 - UNREP SJPG c' ) l REPORTAND DISPOSITIONOF OFFENSE($) NAVPERS182Bl7 - USS HOPPER (DOG 70) 08-13 December 2017 OETAlS OFFENSE( ) (RIiier'1y Ar'Jcl& ol UCMJ If linawn. If unatthom.l SEEA TT ACHED EPT .11 .. !.s . :. •• - - -- PRE-TRIAL D CONFINEMENT [K] NO RESTRICTION ERS 1626(7 Rev. 12·H SIN 0105-LF-005-2700 PRELIMINARYINQUIRY REPORT From: f ti ll t,l f • • ■,to • oa1a 23 December 2017 To: USN 1. Trans . . ' •. I , ary q ry nd report by you, lnch.idi~. If appropriateIn the inlwesl or Juslicai!lld dlscip(lne, the as a I lo ou lo be sustained ex ed evidence. ( N,WEQFWIDIESS Oluibr - RECOMLIENOATIONAS-lODISPOSmON--- -□ - Rs:v.TOCOUIU~FOIH'ftW:OF-ATIAGHEO~!r- (~e1• o..;. Sllfft (DO Fann 4!14)llwwj, Paao2J OIS?OSEOFCASEATw.sT □ □ NOIVIITIVE ~ION NECl:SSAAVOROE51RASLE □ OTHEl'I coi.i.i!i.i ~ 11m ~ ,va1&blrr°'""''""· JUffWnlrfo/ •IIJleetid O\'ldeta. ™., eriienc,.,e)IJl«fN A~,,, J21•~ "' ~ ~ 111'.if- -11 ltl lltWI ~ □ DISLISS&I ~ RffEJI TO CAPTAIN'SLl4ST RIGHTTO DEMAND OISMSSEO C0f-F ON____ 1 2 ORlD~YS OISM!SSEOW, lH WAAt.ltl OETEHTlONTI)H,,VES== =-=PAY ~ □ MO FOR(1 :Z..3)~S ) Dl:TAINEDRJR _ MQ\S □ AWAAOEDS:IA II has been axplalnt!dto ma and I unders ncJIha\ If of norijudt convictionlo \he ne DATE V{J;:,eC/"} IIOOK. DATE ----.------1,.. ..,, 0-\TE. NAVPERS 1&2117(Rev . 12-88) (BACK) T AND DISPOSITION OF OFi'ENSES CONTINUATIONSHEET ICO 01:FENSE: VIOLATION OF UCMJ ARTICLE 92: FAILURE '?O OE!EYORDER OR REGULATION Sptaci£ication 1: In that U.S. tlavy, OSS HOPPER, on active duty, on or about 08-13 November 2017, fail to obey a lawful general regulation, to wit: OPNAVINST5310.2D, dated 06 January 2016, by wrongfully having an unduly familiar relationship that does not respect differences in grade or rank. Specification 2: !n that U.S. Navy, USS HOPPER, on active duty, on or about 08-13 November 2017, fail to obey a lawful written order, to wit: NAVPERS1070/613 dated 27 September 2017, "STANDARDSOF PERSONALCONDUCT" by wrongfully engaging in interpersonal conduct which diminished work place integrity, respect for authority, the perception of fairness, or any other aspect of good order and discipline , Specification 3: In that U.S. Navy, USS HOPPER, on active duty, on or about 08-13 Novernbar 2017, fail to obey a lawful written order, to wit: NAV?ERS1070/613 dated 27 September 2017, "STANDARDSOF PERSONALCONDUCT" by wrongfully communicating, "liking", "following", "friending" or having a similar status connection with any other HOPPER Officer, Chief Petty Officer, or Enlisted S~ilor outside of their respective paygrade group. SpQcifi.cation 4: In that U. S. Navy, USS HOPPER, on active duty, on or about 08-13 November 2017, fail to obey a lawful general regulation, to wit: AUIP.V 021/17, Amendment to U. S. NAVYREGULATIONS, Article 1168, dated 18 April 2017, by wrongfully broadcasting sexually explicit imagestaken under circumstances in which the person depicted had a reasonable expectation of privacy. Specification 5: In that U.S. tlavy, USS HOPPER, on active duty, on or about 08-13 November 2017, fail to obey a lawful general regulation, to wit: OeNAVINST5300.13, dated 24 July 2011, by wrongfully engaging in acts of s~xual harassment, those act~ being contrary to the Navy core values of honor, courage, and commitment. ) CAPTAIN'SMAST ACCUSED'SNOTIFICATION AND ELECTIONOF RIGHTS ACCUSEDATTACHED TO OR EMBARKEDIN A VESSEL ( (See JAGMAN 0109) Notification and election of ri · position of Non-Judicial Punishment in the case o assigned or attached to USS HOPPER (DOG 70) NOTIFICATION I. In accordance with the requirements of paragraph 4 of Part 5, MCM, 2016 edition, you are hereby notified that the commandingofficer is considering imposingNon-Judicial Punishment on you because of the following alleged offenses: -VIOLATIONOF UCMJ ARTICLE 92, Failure to obey order or regulation 2. The a11egationsagainst you are based on the following infonnntion: The documentationprovided for review and your chain of commands comments in regardsto the allegations against you. 3. You may request a personal appearance before the commandingofficer or you may waive this 2 right a. Personal appearance waived. If you waive your right to appear personally before the commandingofficer, you will have the right to submit any written molters you desire for the commanding officer's consideration in detennining whether or not you committed the offenses alJeged,and, if so, in detennining an appropriate punishment. You 11rehereby informed that you have the right to remain silent and that anything you do submit for consideration may be used against you in a trial by court-martial. b. Personal appearancerequested. If you exercise your right to appear personally before the commandingofficer, you shall be entitled to the following rights at the proceeding: (1) to be informed of your rights under Article 3 J{b), UCMJ; (2) To be informed of the infonnation against you relating to the offenses alleged; (3) To be accompaniedby a spokesperson provided or arranged for by you. A spokesperson is not entitled to travel or similar expenses and the proceedings will not be delayed to permit the presence of a spokesperson. The spokesperson may speak on your behalf, but may not question witnesses e,cceptas the commanding officer may permit as a matter of discretion. The spokespersonneed not be a lawyer. (4) To be permitted to examine documentsor physical objects against you that the commandingofficer has examinedin thecase and on which the commandingofficer intends to rely in deciding whether and how much Non-JudicialPunishment to impose; {S)To present matters in defense, extenuation,and mitigationorally, in writing,or both; (6) To have witnesses attend the proceeding, including those that may be against you, if their statementswill be relevant and they are reasonably available. A witness is not reasonably availableif the witness requires reimbursementby the United States for any cost incurred in appearing,cannot appear without unduly delaying the proceedings,or if a military witness, cannot be excused from other important duties; and (7) To have the proceedingsopen to the public unless the commandingofficer determines that the proceedingsshould be closed for good cause. However,this does not require that special arrangementsbe made to facilitate access to the proceeding. ELECTIONOF RIGHTS 4. Knowingand understandingall of my rights as set forth in paragraphs I through 3 above, my desires are as follows: I request a personal appearancebefore the commandingofficer . I waive a personal appearance.(Check one) I do not desire to submit any written matters for consideration. Written matters are attached. (The accused's waiver of personal appearancedoes not preclude the commandingofficer from notifyingthe accused, in person, of the punishment imposed). b. Electionsnt personal appearance. (Check one or more). ___ I request that the followingwitnesses be present at my Non-Judicial Punishmentproceeding : Name Command ) 2 2 _ I request that my Non-Judicial Punishmentproceeding be open to the public. ---(Name of accused) · 2 3 EfiCtOSURE {30J DEPARTMENTOFTHE.NAYY MILITARYSUSPECT'S ACKNOWLEDGEMENT AND WAIVEROF RIGHTS STATEMENT Place: USS HOPPER(DDG-70) Time I Date: t'75r/18 December2017 . , USN_, USS HOPPER(DDO-70} have been advise I USN,th ~ ed of UCMJArticle(s) 92 . • Thave also been advisedthat: I) I havethe right to remainsilent and make no statementat all;- ) Any statementI do make can be used againstme in a trial by court-mania)or otherjudicial or administrativeproceeding - ) I have the right to consultwith a lawyerprior to any qucsUoning.This lawyermay be a civilian lawyer retainedby me at no cost 10 the UnitedStates, a militarylawyer appointedto act es my counsel at no cost lo me, or both- ) I have the right to have my retainedcivilian lawyer and/orappointed military lawyer present during this Interview;an clllllll } I may lenninete this interviewat any time1 for any reason. • understandmy rights as relatedto me and as set forth above. With that understanding,I have decided that I do not desire to remain silent, consultwith a retainedor appointedlawyer, or have a lawyer present al this time. I make this decisionfreely and voluntarily. No threats or promises have been made tome .• Signe I 7.,5¢ Date & Time: / OPNAV5580/3 (REV. l 1/l006) PREVIOUSEDITJON. IS OBSOLETE SJN:0 I07-LF-9B I•6000 PUC£t 0£/'Alf.'TMENTOF THE NA YY USS HOPPER{DDG-70) ILITARY SUSPECT'S ACKNOWLEDGEMENT TIME/DATE; AND WAIVER OF RIGHTS STATEMENT / 18 Decemberl017 n or about 12-13November {the, Me III ere:at our hotelrooms most of the day miking10 our wives011 1he phone. Then he called .ie and Ja(d that he was hungry1 said that I am loo so we wentdown suilrs to T~as the rcstauranland got somclhlnglo cat. We met upwith and went 10 someba11 and endedup at Wranglm wheremost of the ship was at. Wehad somedrinks then we weredancing w1 grr s om the ship and somelocals for like 2 or 3 hoursand thenwe startedto waJJcback 10 ourrooms gol backat around2330, I thl and thenwenl back to Texashad somebeers . J then wentback to myroom and calledmy wifeand 1cx1edher somebefore I \\cnt to slec : Did you~ shareII room or~ eporaterooms? • Wehad sepanlle rooms,on diffc.rcntnoo ra11111 :-Wb.ilhole! did-youslay-.l? : Best Wt.SiemOliv : Do you know I en: stayfnge1 the same hotel1 • I'm not sure if they werestaying there but I saw themg · · 1.ui lhe next morninglo leavethe hot I : At approximatelywhat time did you arriv.u.1Jw'ranglc,s • I amno1 sure, it wasdark outside11ln:ad )911 : Wbcnyou say, "rnosl of the ship"whom you referringlo ~ • rsonnelft-om the ship wherethere, I or,ly rememberwbo th~ en: arc lhc:only engineers I rememberbeing at Wr.mgt~ IIJlce withanyone? dancewith anyone? I cvelj' lime she tried lo darn:ewith him he wouldtry to walk awaycxa!pl forone limehe couldno< get awayrtom not able to gel away fro~ ? ple orathe dance f1oorand he couldn'tget awu logclhc:r7 and II couple:other ~opte lromthe ship whowent lo another S-20 mlnutc:s en you we m wheredi ialllllllllllll go? c wcnl 10the eJeva1or,one orour roo~ 811,noor and one was on the 13-An oor. I don't knowwhere he wc:n111ftcrthe al i groupleave the rcsl.Jlllnllltwhh your group? o, they did nol follow I any limedld you notic avin&more lhan a "prol?ssional" relMionship? witnessor hearanything thal wouldIced )OU to believe tha had sexualI ntercourselhat evening? ctln~ ely the nextdny 1owll!dse.ach other {unu.sunltension. awkward silence. ctr: •.• ) did not see them lo~clherlhe nextday - at time did you leavethe hotel? waswalling in at 06~ at tlmeyo hotelto rctum to the ship? tapproxi id you se p lhc neit.tm orning? sawthe d you standwatch wi es, he standsEOOW and I standEPCC on lhe same watch. Haveyou evernollc talkin u arc watch? : Yes, 1have. She bri OPNAV5580/3 (REV, 11/2006) PREVIOUS EDITION IS OBSOLETE FOR OFF1CIAL USE ONLY SIN· 0I07-LF,981.6000 PUCE: DE,ART/ilENTOF THENAW USSHOPPER {DDG-70), [LITARY SUSPECT'S ACKNOWLEDGEMENT TIME/DAT E: AND WAIVER OF RIGHTS STATEMENT I 18 December2017 ...l : Just when she bringsdown the nightorders or do lhcy ever tJlk whileshe ~ ~ ? A; JUS1when she calls downasking for the sea water ln·cct ion temp 111dfuel pcrccntag~ ~: HowJo ng haveyou been mendswi A: for approximatelySep 20 I6 1 whenhe rcportc on ard... fJ:Would you notice lfhc waswilhholdin& informat ion fromyou or concernedabou t somethingor overlystre1sed about some thlng7 A: l'vc noticedthat he is stressed out about tran.srerringsoon and being away ftom hi! familyfor the majorityohhe year but he sa)'S he ,Yolun1eercdfor ii- ~ : Have-younoticed any change-inlhc-inlmctions he-haswi when,h~Oft'CS 10 CCS with lht-nighl orders? ,..A:No , thereis just the USUl.- s a lk Nolhlngstran 11r.Have you ever hwd o reremd 10 as A: No, I have neverheard m n:(crrcdto ~ ~~Where are you smyt . asdurlng tM nextport visit 10 A: Best WesternOli\l .. : Is there a reuon you psc e Best Wes1emOlive end only Best Wcstem. r yourh01el choices? j.:. Becausethey ser.rc Pabst Blue Ribbonand !he hotel ni~ i:g:Wbo made the holel reservations? Was it !illggesledb ..... ~ a mutualded sicn? 1,: Wej11$1 decldcd :Mlo stD theren In 1100!hen he submlned our rcqu~ :0: Arc you aware is slayln&II the Best WesternOlive • ain as well? A: t heardabout il t y unng the 1800-2100wa1ch whc ~ commented as he was puningIn the hole! reservationrequest )hat the' had madehotel reservations1here again . mosl of chesh ip" or somelhingalong ll:Jnselines - tQ: Did makecomments about other hotel rcserv:allons j. : Yes~ fCSCMlloru, I wasn't paying loo much anenll use I waswalch ing my console. {Q: Dld-- stay whh ourliberty group at the Best WesternOtive7 •1·I think.so but I'm not sure Whowa I ny uddy? : I 1hlnk h but I am not sunallllllil Do you h;iveanything funhcr you wouldlik ~ d 10 your s1a1emcn1? .,: No. ------END OF STATEMENT------ Subscnl>edand sworn beforeme on the I a• dny orDccf:mbcr In the year2017 ac ~ / , in accord1111cewith Article 136(bX4) , UCMJ. Tide OPNAV558013 (REV , 1112006) PREVIOUS EDITION IS ODSOLET£ FOR OFFICIAL US£ ONLY SIN: 0107-LF-981-6000 ENCLOSURE{?>O DEPARTMENTOF THE /'M VJ' MILITARYSUSPECT'S ACKNOWLEDGEMENT AND \VAIVER OF RIGHTS STATEMENT ( Place: USS HOPPER (DDG-70),CMAA Office Time/ Date: I ~2...., / 24 December2017 I USN / USS HOPPER(DDO-70) / USN, that I am suspected of UCMJ Article(s) 92 I have also been advised that: l) Jhave the right to remain silent and make no statement at al- 2) Any statement I do make can be used against me in a trial by court~mnrtialor other judicial or administrativeproceedin ~ 3) I have the right to consut'i"ffl!T awyer prior to any questioning.This lawyer may be a civilian lawyer retained by me at no cost- nited States, a mflitarylawyer appointed to act as my counsel at no cost to me, or both 4) I have the right to. ave m retaine civilian lawyer and/or appointed military lawyer present during this interview; an 5) I may terminate this m emew at any time, for any reason- understand my rights as related to me and as set forth above, With that understanding, I have decided that I do not desire to remain silent, consult with a retained or appointed lawyer. or have a lawyer prese · ·me. l make this decision freely and voluntarily.No threats or promiseshave been made tome Z L{j)_Ec.l7 I ,1-l 9 Date & Time: '2-"1·l'\trt 2a1,1 /,r;2..~ At this time, I / USN, desire to make the followingI voluntary statement. This statement is made with an understan~ my rights as set forth above. It is made with no threats or promises having been extended to me._ oc.,T 1AJ w l7 H we. w-2,1,t ; I 'I ' l'I PREVIOUSEDITION IS OBSOLETE SIN:0107-LF-981-6000 DEPARTMENTOF THE N,WY USS HOPPER(DDG-70), CMAAOffice MILITARY SUSPECT'S ACKNOWLEDGEMENT TIME/DATE: D WAIVER OF RIGHTS STATEMENT I rt{Z..1 / l4 December 2017 ,.,. tll 'F'!l:" QR,1wl ciKLl i,.,-t,1,J r, T-Lx~s , )v -#.c- /./Ph( e ~d ~ ,S:o~ f:o-od. - w l; 1,,.;pl!.E Tl9Llfl "'&t 8 T +k -kJ/e I f'vl I I) t!. ~vi f"r:/ ~~"'- a,). '-",IS fu/,1J!l1t ~EE~ a >"- ,,_.,<. d,;,,';J 5 ~aid ~,,,. ,,, a.."la I sl<~l? ... - tv1'1JVt1;r I~ 1' Pic.1f.lJU;sHc t-oul([:i) er THE p,c,Tt-flf:. IM,D :f .:5A,1)"/OV 1,J.14#1-f 1~ SEE F-:~,a s ,s sL "~i. dslll o m F , F :r ..,HqplJ r T8t:_ _IO ,_I_~~/v~O-- _"lf:__, _7'_F-_-~Y[IJL,~~--.:...a!11 ..../.• ----- OPNAV 5580/3 {REV. l 1/?006) PREVIOUSEDITION IS OBSOLETE FOR OFFICIAL USE ONLY SIN: 0107-LF-981-6000 ENCLDaM_ DEPARTMENTOF THE NAVY tJSSHOPPER (DDG-70), CMAAOffice MILITARYSUSPECT'S ACKNOWLEDGEMENT TIME/ D;\TE: D WAIVER OF RIGHTSSTATEMENT , Cb'L1 124 oecembtr 1011 ( "------·------ above statementconsists of -1._ page(s)handwriuen b ...... in the presenceo ~ as we discussed its contents l have read and understandthe ·a ~ e been given the ~~ g,esand/or correction 1 desired •- have placed my initials O\'er the changesor corrections.This statement is the truth to the best of my lcnowledceand belie Signature: Date. zqf){!C. / 7 cfore me on the 241)day of Decemberin the year 2017 111 11i!S: • in accordance"-ith Article 136(b)(4), VCMJ OPNAVS580/J (REV. 11/2006) PREVIOUSEDITION lS OBSOLETE SIN: 0107-lF-981-6000 DEP,MTJ.fENTOF'THENAYY MILITARYSUSPECT'S ACKNOWLEDGEMENTAND WAIVEROF RIGHTS STATEMENT Place: USS HOPPER (DDG-70) ( Time I Date: 1nA/ 23 December2017 llllllli / USN USS HOPPER (DDG-70) have been= ;db USN, that I am suspectedof Violation of UCMJ Article 92, Failure lo Obey Order or Regulation,"SECNAVfNST 5300.26 (series) Department oflhc Navy Policy on Sexual Harassment''."OPNAVINST 5370.2 (series) Navy FraternizationPolicy", "NAVPERS 1070/613USS HOPPER(ODO 70) STANDARDSOF PERSONALCONDUCT" and "ALNAV 021/17 amendmentto U.S . NAVY REGULATIONS,Article 1168, NonconscnsuaJdistribution or broadcastingof an image.- I have aJso been advised that: 1) I have the right to remain silent and make no statementat all;- 2) Any statement I do make can be used against me in a trial by ~ artial or other judicial or administrative proceeding; .. 3) I have the right to consult wi a lawyer prior to any questioning.This lawyer may be a civilian lawyer retained by me at no cost- United States, a military lawyer appointedto act as my counselat no cost to me, or both 4) I have the right to- relaine civilianlawyer and/or appointedmilitary lawyer present during this interview;an 5) I may tenninate this interviewat any time. for any reaso- understand my rights as related to me and as set forth above. With that understanding,I have decided that I do not desire to remain silent, consult with a retained or appointed lawyer, or have a lawyer presc · · c. I make this decision freely and voluntarily. No threats or promiseshave been made tome. Signature Date & Time: -; :!.: 't:1¢7' -:!af? / t rtf'Z. llllt t this time desire to make the followingvoluntary statement.This statement is made with an underst~ my rights as set forthabove. ll is made with o threats or promiseshaving been extendedto me.- YOU ARE SUSPECTEDOF HAVlNG AN UNDULYFAMILIAR RELA TJONSHIP WlTH AND ~-HARINGINDECENT PHOTOS OF A SEXUALNATURE WITH JUNIOR SAILORSWHICH IS IN 'VIOLATIONOF THE NAVY'S FRATERNIZATIONAND SEXUALHARRASSMENT POLICIES, USS .-!OPPER'S STANDARDSOF PERSONALCONDUCT POLICY AND U.S. NAVY REGULATl . ARTICLE 1168NONCONSENSUAL DISTRJBUTION OF OR BROADCASTINGOF AN IMAO OPNAV 5580/J (REV. 11/2006) PREVIOUS EDITION IS OBSOLETE SIN: 0107-LF-981-6000 FOR llefffliiEO f'?5 b•n•• 1 nr t'l.ACI;;; DEPARTMENTOF THENA VY USS HOPPER (DDG-70) MILITARY SUSPECT'S ACKNOWLEDGEMENT TIME/DATE: AND WAIVER OF RIGHTS STATEMENT / 13 December2017 lationshipand my wife doesn't care who I get with as long as she gets videosor pictures"to that you and your wife are swinger- come electronicphotos of your penis that were stored on your phone with E6 and Junior Sailors? If so, who i::S at 0040, 13 November2017 and !ellher to "hav come and see me in room 1310"or words to lectronicintimate images of your nude spouse and her private areas- exualintercourse wit o have sexual intercourse Ing furtherto add lo your statemcn c above statementconsists of2 pagc(s)typed in the presenceo - a.swe di~usscd its contents.I have re11dand understandlhe ab<>vcstatb - n . g1Venthe opportunity o ma e any c anges end/or correctionI desired to make and have pla~d my initialsover the changesor corrections. This statement is the truth lo the m owled e nnd belic- Sig.natur Subscribedand sworn before me on the 23r:iday orDecember in the year 2017 at ,.., t;(/,. , in accord1U1cc withArt icle 136(b){4), , '""MJ• • !IC' OPNAV 5S80/3 (REV. 11/2006) PREVIOUS EDITION lS OBSOLETE SIN: 0107-LF-981-6000 DEPARTMENTOFTHENAW PERMISSIVEAUTHORIZATION FOR SEARCH AND SEIZURE that the USS HOPPER(ODO 70} is conducting an investigationInto the offense(s) of ViolationofUCMJ Article(s)92 have been requested to permit a search of my Black in color SamsungGalaxy S8 ModelNumber SM·G950 ~ 2. CONSTITIJTIONAL RIGHT ~ ave been Informedof myconstitutional right to refuse to permitthis search in the absenceof a search C warrant In full understandingof this right, I have neverthelessdecided lo permit this search to be made. 3. PERMISSION is searchmay be conductedon (date) 23 Dec 2017 and I hereby giv er/them my permissionto remove and retain any property or papersfound during the search which are desiredfor invesUgallve purposes - 4. FREE DECISION,--;.------1 make this decisionfreely and voluntarily and lt Is made with no threats having been made er promises extended to a. Dato 23 Dec 2017 5. WllNESSES ) i. TIMES Of SEARCH b End /7 S'f JlF OPNAV 5580/16 (Rev.11/2006) PREVIOUSEDmON IS OBSDLnE. SIN 0107-LF-983-IOOO CAPTAIN'S MAST ACCUSEDACKNOWLEDGEMENT OF APPEAL RIGHTS I, USN,- attachedto USS HOPPER (DOG 70), have been informed C of the following facts concem~ ppeal as a result of Captain's mast held on 24 December 2017. a. I have the right to appeal to Commander,Carrier Strike Group ELEVENvia Commander Destroyer SquadronNINE. b. My appeal must be submitted within a reasonable time. Five days after the punishmentis imposed is normally considereda reasonable time, in the absence of unusual circumstances. Any appeal submitted thereaftermay be rejected as not timely. Cfthere are unusual circumstanceswhich I believe will make it extremelydifficult or not practical to submit an appeal within five day period. I should immediately advise the officer imposing punishmentof such circumstances,and request an appropriateextension of time in which to file my appeal. c. The appeal must be in writing. d. There are only two grounds for appeal; that is: ( 1) The punishmentwas unjust, or, (2) The punishmentwas disproportionateto the offense{s)for which it was imposed. e. If the punishmentimposed includedreduction of more than one pnygrade,or was in excess of: correctionalcustody for 30 days, forfeitureof 1/2 months pay X 2, extra duties for 60 days, restriction for 60 days, then the appeal must be referred to a military lawyer for considerationand advice before action is taken on my appeal. r@o not wish to appeal. (Circleone) ADMINISTRATIVEREMARKS NAVPERS 1070(613 (REV. 08•2012) PREVIOUSEDITIONS ARE OBSOLETE SUPPORTINGDIRECTIVE MILPERSMAN 1070·120 OR STATION: S HOPPER(DDG-70) ( BJECT: (x PERMANENT r TEMPORARY AUTHORITY(IF PERMANENT? STAYOF PUNISHMENT MANUALOFTifE JUDGEADVOCATE GENERAL ADMCNISTRATIVE COUNSELING/WARNING DATE: 24 December2017 I. On 24 December2017, you were awardedCommilllding Officer's nonjudicial punishment for violationof the Unifonn Code of MililaryJustice, Article92 (Faifurelo obey order or regulation). You were awarded60 days restriction(4S suspended),and forfeitureof one half month'spay for two months. 2. In accordancewith Manualof lhe Judge AdvocateGeneral, paragraph O I 13b{4},your restrictionis stayed for IS days as of this date, 2S December2017. By direction )e: 'cl/1';,.fc I 7 ( ereby acknowledgethe above Page 13 entry and desire to (mal-.ea s1.a1eme~t make a stat~ EO ANOVERIFIED IN ELECTRONICSERVICE RECORD lFYING OFFICIALRANK OR GRAOEfTITLE LEGALOFFICER ADMINISTRATIVEREMARKS NAVPERS 1070/613(REV. 08·2012) PREVIOUSEDmONS ARE OBSOLETE SlJPPORTINGDIRECTIVE MILPERSMAN 1070•32D P OR STATION 1S HOPPERDOG 70 ( BJECT Ix PERMANENT r TEMPORARY AUTHORITY(IF PERMANENTJ COS NJP MILPERSMAN1626-120 12,242017. COMMANDlNGOFFICER'S NONJUDICAL PUNISHMENT DATE OF OFFENSE: 8-13November 2017 NATUREOF OFFENSE: Violationof UCMJ Article 92, Failureto obey order or regulation DATE OF CAPTAIN'S MAST: 24 December2017 NON-JUDICALPUNISHMENT A WARD 60 days rcstrit-tion(45 days suspended), forfeitureof I 2 month'spay (for two months) - USN, signed JAG Manualt appendixA-1-d, prior to Cap1ain'sMasi which was held on 24 December LEGAL OFFICER 12'2412017 Witnessed: -•ffERED AND VERIFIEDIN ELECTRONICSERVICE RECORD IFYINGOFFICIAl RANK OR GRADE/TITLE DATE SIGNATUREOF VERIFYINGOFFICIAL (SW 'AW), USN Fl24"""'"0.;;;.EC__l_7 ----.I SOCIAL SECUR.llY NUMBER BRANCHAND ClASS ' REPORTAND DISPOSITIONOF OFFENSE(S) NAVPERS112817 18 December 2017 - USS HOPPER (DDG 70) 08-13 November 2017 ceTA U EIS) {R1fw by Mll:1t UCMJ II lino,wr If unatthorlnd ,~enct , (11w 011o1w1QIn Urntl 1fld dale al COITffitllC8ment, ~/her cwr Leaw or lt,erty, timearid~• of ap;Jf'lhenslonor JIITflnder end IITlval1.¥1 board , /on c/ 10 tllld and/orliberly Ultl , etr;1 SEE ATTACHED e 011/IDB'T HAUi!O F WITNES:I 0 I have been tnrormedof nature of the accusation(s)against me. I understandI do not have lo answerany questlonsor make \ s1atementregardi lfense(s)of which I am accusedor suspected. However,l understandany statementmade or quesllons Jwered b • me In eventof trial by court-ma ( ness: __ __ Acknowledged: D Re5TRICTED. You :ire reslrictedt o ll'le AmltScf ______.,._ __ ~--='='"" :-:--:::,----,,..,....--"'."":""".-:------:-..,....-,--,-,,~ In Peuo( 1rrat by order cl the CO. Untll ~ lla!lJs a, • res1ricl2dpeoon ls ll!l'mlnitttd by the CO, you [X) NO RESTRICTION may ncl fuva the re$lrkled llcnlls exceptwith lhe upress permlbon cl lhe CO c, XO Yo11 llave Ileenlnfonned o l lhe linles al'ld • s which a,w red la muster. NAVPERS18 Rev.12- 88 SIN 01O G-LF•OOS-2700 PREUMINARYINQUIRY R!PDRT From; CommandingOfficer Date: __ ___;1:;..;8;,_,:D:;..;e:;..;c;.;;e..;.;mb.;;;;..;;e..;;r.....;.2_0..;.1_7__ _ ( lw.eOFwmESS RATflCRADi NAI.ECFWITHESS O!V/OEFT RECOf.MEIClllflOHAS TO D:sP051llON RUER TO COIJRT-w.ATIIILFOR raw. OF ATTACHiiiOOWIGES l~Clw9tSl!Nt(COFam~M)~Pi11112l □ □ DSPOSEOFCASEATMIIST NO PUHITM: 4CTIONNlCDSAAY OR.MSIRA&.E COi.iieHJflrx:lrldll ~~lffllCl,Yof~n, -,,,,,,YOll,pK/WltrnMra□ ~11tvl:i.,-;1 , I 1,tHC:d A.':.ICII5111oma,,u o/ ll'WJSII, doananl.i,y lnNHICIII/di U Mnetm:trd--. i, UA ~ •1111,ol re,J IIYidt'IC S, M:) □ lllS'MISSED l!2tRl!FER TO CAPT'.AIH'SMAST efore the lmpo&ilfonof such punishment,I demandIn Heu p..==~=-r~;;urt-martlal. OISUISSED C0HF ON.___ I 2 OR 1 DAYS OISUISSEJ>Wml WIIRNll~ 1No! canlidenld 1-L!I>) CORRfCTlONALCUSTODY FOR DAYS At>MOt~ITION0RAU1N WRITING ASXJCTlONlO NeXTINFEROOPAY GRACE - -m1P'½i REPfllhW«) ORJJ.JlNWAAING R!OUCTlONTO PAYCRADEOF _ s..J~~'-'-'t!Cll..,..~•D:llifl. l!XTAA0Ul1ES FOR __ DAYS PUINiHMENTSUSi'ENOED FOR FOAFE1'TUR£TO FORFE Re'$\ lO IIIIT 32 INVESllGATlON RKOMMEHOEOFOR TlllAL DYCCI.I oal:NTION TOHAVl:$===-=PAYPER □ MO FQR(I 2 J)MO(SJPl:TM(El)fOR_MO(SJ □ AWMOf.OSPCM □ AWAROEOSCM DATeOFMIIST "l,'1-r.> 6-e, \ II has been expllllnedto me and I understandlhal tf I reelthis lmposllfonol nonJudj rwlcllon10 Ille ne FINALADMINISTRATIVE ACTION """1:,1.1, SV!Sl,l\11:D BY ACCVSED t :AAOEO FOROECISlON OU EC.OROAND PAY IICCOUNl IIO.ll/STl:D l~NTBOOK ----~---1llriubl IJ.IITE. NAVPE 1&2&7(Rav. 12-18) (BACK} tmCLOSURE{~1 REPORT AND DISPOSITION OF OFFENSES CONTINUATION SHEET ICO OFFENSE: VIOIA'l':ION OF UOiJ AR'rICLE 92: FAILURE 'l'O OBEY ORDER OR REGULATION Specification l: In that U.S. Navy, USS .HOPPER, on active duty, on or about OB-13 November 2017, fail to obey a lawful general regulation, to wit: OPNAVINST5370.2D, dated 06 January 2016, by wrongfully having an unduly familiar relationship that does not respect differences in grade or rank. Spacification 2: In that U.S. Navy, USS HOPPER, on active duty, on or about OB-13 November 2017, fail to obey a lawful written order, to wit: NAVPERS1070/613 dated 27 September 2017, "STANDARDSOF PERSONALCONDUCT" by wrongfully communicating, "liking", "following", "friending" or having a similar status connection with any other HOPPER Officer, Chief Petty Officer, or Enlisted Sailor outside of their respective paygrade group. Specification 3: In that U.S. Navy, USS HOPPER, on active duty, on or about 08-13 November 2017, fail to obey a lawful written order, to wit: NAVPERS1070/613 dated 27 Septe~ber 2017, '"STANDARDSor PERSONALCONDUCT" by wrongfully engaging in interpersonal conduct which diminished work place integrity, respect for authority, the perception of fairness, or any other aspect of good order and discipline. ) CLOSURE{31 CAPTAIN'SMAST ACCUSED'SNOTIFICATION AND ELECTIONOF RIGHTS ACCUSEDA TT ACHED TO OR EMBARKEDIN A VESSEL (See JAGMAN O109) Notificationand election I l'I. tt · 11 I' I cont~ sition of nonjudicial punishment in the case o i SSN - assignedor attached to USS HOPPER (DDG-70). NOTIF[CATION I. In accordance with the requirementsof paragraph4 of Part 4, MCMt2016 edition,you are hereby notified that the commandingofficer is consideringimposing nonjudicialpunishment on you because of the followingalleged offenses: • Violation of UCMJ Article 92, Failure to obey a lawful or regulation 2. The allegations againstyou are based on the followinginformation: The documentationprovided for review and your chain of commandscomments in regards to the allegationsagainst you. 3. You may request a personal appearancebefore the commandingofficer or you may waive this 2 right. a. Personal appearancewaived. [fyou waive your right to appear personallybefore the commandingofficer1 you will have the right to submit any written matters you desire for the commandingofficer's considerationin detennining whetheror not you committedthe offenses alleged, and, if so, in detennining an appropriatepunishment. You are hereby infonned that you have the right to remain silent and that anythingyou do submit for considerationmay be used against you in a trial by court-martial. b. Personalappearance requested. If you exercise your right lo appearpersonally before the commandingofficer, you shall be entitled to the followingrights at the proceeding: ( 1) to be in fanned of your rights under Article 31{b ), UCMJ; (2) To be informedof the infonnation against you relating to the offenses alleged; (3) To be accompaniedby a spokespersonprovided or arranged for by you. A spokespersonis not entitledto travel or similar expensesand the proceedingswill not be _pelayed to pennit the presenceof a spokesperson. The spokespersonmay speak on your behalf: but may not question witnessesexcept as the commandingofficer may permit as n matter of discretion. ) The spokespersonneed not be a lawyer. ,CLOSURE{3d (4) To be pennitted to examinedocuments or physicalobjects against you that the commandingofficer has examined in the case and oo which the commandingofficer intends to rely in deciding whether and how much nonjudicialpunishment to impose; (.5)To present matters in defense,extenuation, and mitigationorally, in writing, or both; (6) To have witnessesattend the proceeding,including those that may be against you, if their statements will be relevant and they are reasonably available. A witness is not reasonablyavailable if the witness requires reimbursementby the United States for any cost incurredin appearing,cannot appear without undulydelaying the proceedings,or if a military witness, cannot be excused from other importantduties; and (7) To have the proceedingsopen to the public unless the commandingofficer detennines that the proceedingsshould be closed for good cause. However,this does not require that special arrangementsbe made to facilitateaccess to the proceeding. ELECTIONOF RIGHTS 4. Knowingand understandingall of my rights as set forth in paragraphs 1 through 3 above, my desires are as follows: I request a personal appearancebefore the commandingofficer. I waive a personal appearance.(Check one) I do not desire to submit any written matters for consideration. Written matters are attached. (The accused'swaiver of personal appearancedoes not preclude the commandingofficer from notifyingthe accused, in person,of the punishmentimposed). b. Electionsat oersonal appearance. (Check one or more). -- 1request that the followingwitnesses be present at my nonjudicial punishmentproceeding: Name Command ) 2 ENCLOSUi1'31 I r uest that my nonjudicialpunishment proceeding be open to the public. (Name of accused) 2 ) 3 CLOSURE{31 DEl'ARTMENTOF THE NA VY MILITARY SUSPECT'$ ACKNO\VLEDGEMENTAND WAIYER OF RIGHTS STATEMENT ( Piece: USS HOPPER(DDG-70) Time/ Date: \-i.--Z.;, /19 December2017 USN J USS HOPPER(0DO•70) have- - ~sedbI USN. that [ am suspectedof violationofUCMJ Article{s)92 & 134, I have also been advisedthat: (1) I have the right to remainsilent and make no statementat Bili - (2) Any statement I do makecan be used againstme in a trial by court•rnartialor otherjudicial or administrativeprocccding - (3) I have the right to consult with a lawyer prior to any questioning. This lawyer may be a civilian lawyerrelained by me et no cost to the United States, a military lawyerappointed to act as my counselat no cost lo me, or both; - (4} J have the right to- ave m retained civilian lawyer o.nd/orappointed military lawyerpresent during this intcrviewjan (5) [ may terminate this interviewat any time, for any reasotlllll I understandmy rights as related to me nnd as set Forthabove . With that wtderslanding,I have decided thal I do not desire to remain silent, consult with a retained or appointed lawyer, or have11 lawyer prcsc~ time. I make this decision freely and voluntarily.No threats or promises have been made tome.- Signaru Date & Time: lo/Dc'l:.17 ti ·2<' -1.:.~l Date & Time: le( r:ec"'Zt::f:,.r7/ 3 z; /1 :Z - Al this time, I USN, desire lo make the followingvoluntary statement. ~ is statement1s ma e WJ an un erst~ my rights as set forth above. It is made with no threats or promiseshaving been extended to m~ ~1.-VMl't~"'/ ~7,->--1'51,,un-rt ":":>;.!C,Vfr:,t=:i::> C>J-./ r.A-6(:; -Z.. "7 ~ Fc,,rr7:1, -,V7{lla:; OPNAV5580/J (REV. 11/2006) PREVIOUSEDITION IS OBSOLETE FOR OFFICIALUSE ONLY SIN; 0107-LF-981•6000 l'UCE: DEl'ARntENT DFT1-IEN,WY USSHOPPER (DDG-70} ILITARY SUSPECT'S ACKNOWLEDGEMENT TIME/DATE: AND WAIVER OF RIGHTS STATEMENT l"'"l.~ 1190tcember1011 ( {E EVENTSOF LIBERTYWHILE IN-PORT BAHRAIN, THE ctR.CUMSTANCES SURROUNDING THE SUSPECTEDUNDULY .iMILlAR RELATJONSHIP BET . EN YOUANO l3MJ ORJFFINA.ND SUSPECTED ADULTEROUS ACTS COMMITTED BY YOURSELFAND BM3 GRIFFIN OPNAV5580 /J (REV, I 1/l006) PREVIOUSEDITION JS OBSOLETE FOR OFFICIAL USE ONLY SIN: 0107•LF-98l-6000 PUCE: DEPARDIENTOFTHENAVY USS HOPPER (ODG-70) LITARY SUSPECT'S ACKNOWLEDGEI\fENT ill'IE I DATE: AND WAIVER OF RIGHTS STATEMENT lzt"J / 19 December2017 •· What did you do lhe morningof 12November 2017? A: I wokeup, F&eclimcdwith m wifeand thenmet u ArOund1200. - Q: Where did you meet up wi A! At lhe NEXcompound on base: Q: Howlong did you hung out wi A: We met up and thCllwenl shopping (or the Chiers Mess for appr~ l how after lhat we tookeverything back to ow bole! a.swe all stayed at the Best We.stemOlive sometimebetween 1300-1400. - Q:-Whatd!d-youdo11ftcryounrumed to !he hotel? • ok all o(thc roodbeck I room and then I went 10 my room- went to his roamand ~ d took a shower.1111111111 : ~ room? A: Yes. Q: Do you know where each o were loatcd? A: Minewas on tlu: ID"noor on the 811,floor an ~ dllllllllbo lh hada roomon I.hesame floor but I don't remember what n Q: At approxbnllcl w I time d ou leave the hoteland who were you with when)' ,lll,l.k.01. A! Myself. wentto "TexasBBQ " around1900 lh11t evcnlng .- Q: Where A! He came down,had a drinkwith us and then went back up Cohis room.. Q: Where did you go and et whattime did you leave "Texas BBQ"1 A; We left.the rcslBurut aroundand at Wranglersaround 2 t 00. It look about five minutes to ;c:t lhere in u wi. - Q: Di comewith you? A:N • Doyou hercab0utsat this time? He slaycd Dllhc BestW~lem becausehe wantedro skype his fianc:~- ; When you arrived at Wranaler'slroUlld ~ was there? No lhatwe reco~ c arrived,_ ( . • Al whatt~ did-- and her iibcny party arrive? k Approximat~ly4 ~ 1atcr,at lhat time a lolof peoplearrived at lhc club. - Q: At what time di~ start d1J1tingwith you? A:.Approxlmately 2230•2245 after lheyhad been there ror about 30 minutes.- Q:How was she dancing withyou? A: Shewas trying 10 &r(ndon meand everyoneand I wu b'yingto get away from her. - Q:Al any pointdid youever end up dancingwith hcr'l A! Yes,after trying lo gel awaymu} ~ nruallychroughoutlhe eveningwe "ere all dancingtogether and I reciproca1cd. Q: Howlong were~ 8 wi~ A; A fewmlnutes -- Q: Whoelse do you remembtrseeing at Wranglers? A: 30 - 40 personnelfrom lhe slti . Q~ Did ou se t ranglers? A:No Q: Did you ac, In a way wi~ hel would have been perceivedby othersas thoughyou were h1tvlngon inappropriate relationshipwith her? A: Yes, l was~ down and she wouldcome hlk to me IIJldthen there wastl!e dBrJcing lha1 I evcn1uallyrcciprocalcd with her. Q: Did you anialllllllllll do anythingelse while at Wranglersthat could have led othersto believeyou were havingan inappropriate relationship or wu in reelinnpproprlate behavior? A:No. ■ Q: At whnl time did you leave Wra.ngle1'5? A: Al 11ppr0xima1clyJ~ after,we wererhcre for approximately2 hows. Q: Did you leavewh ...... a.ndher liberty pany? Na, we did n01 leave wilh them.___ ) Did you walk back to the hotel wid-- and her libertypany? : Yes, theycame out orWranglers sh only after us and were runningtownrds us . - OPNAV 558013(REV. 11/2006) PREVIOUS EDITIONIS OBSOLETE FOR OFFICIAL USE ONLY SIN: 0107-LF-9B1·6000 p~ le: osuorp=-r7 31 DE1ARTAIENTOF THEHAvY USS HOPPER (DDG•70) LITARY SUSPECT'S ACKNOWLEDGEMENT TIME/DATE: AND W AIYER OF RIGHTS STATEMENT l·::t; / 19 December2017 "': Do you know whythey were:running towards you? A: Na Idea,maybe lo Clllchup10 us. We didn't tell anyone were h~avina,we Just lefl. Q: Appro~imalclyhow long wa.sthe walk back to the hotel? A: I0-15 mtnuc~, it wasnot flli Q: Didyou go snight lo the hotel? A: On we s1e>ppcdby a bar clubcalled "crossroads,.and thenwe lc:ftto go bockto the hotel,we were only lhc:rea minuteor so Q: Oid d her libcnyparty rollowyou in? A: Yes. Q:Al what time did your libertyexpire on 12November 2017? A: Al 0100, tn the hotc- Q: After leavingcro5sro "a'ds"'w'fi"cre did you go? A: The Best Westernand we went to lhe ho1elrestaurant "Tew BBQ"for approximatelyJO mlnutes.- Q: Di d her libcny party also go to the holcl rcstaumnt? A: Yes. Q: Did they sit with you? A. We were at difTc:rcnl1abl~s lhc 5111down I had I drinkand then I went back to my room. - Q: Al that ti A: I saw Q: Whenyou le~ A: Yes, him and--- - Q. At appro,cimotclywha ~ you ret11mto your room? A: A littleancr midni;hL- Q: Did youretum to yourroom •lone:? '\ Ycs. }At wha1time did youwake up 1hefollowing day? · Around0600 .soI could Face • had citpircdso I went down to the lobbynnd renewedmy WIFI, ( d m wife,catlc 10 ensure they were awakeand made B plan to get all of the sroceries .o roomto bring back to the ship. Q: iiiio you rcmem er whattime you Jef\!he ho1cl? A:0800i!I- Q: Did au 5 and her libertyparty whenyou left the botc:1? A:No. Q: Descn"beyour rclalionshipwi ~ rior 10 12November 2017. A: 1was aroundDi:ck division a lot. I would say i1was II fiiendship.- Q: H~ cvcr coofessedto you lha1she has rccllngsfor you? A: Not dlrc~llybur yes if ~ ing. - Q· Canyou descrtbeho ~ mns"wliG"To u? A: She will bump into me on purposeor glgglc at mc:.- Q: Does she~ hat to you or docs she do it to olh~ e as well? A: Everyone.... Q: If she does it lo everyonewhat would lead you lo believeshe has rceli~ ou? A: Outsideormr1ing I have no ruson ~ hn.sfeelings for ITK.- Q: Have~ r FacebookMessas ~ A:Yes.- ~- our conversationswi ~ on FaccbookMC5Scnger? Q: Whatkind ofthmgs abou-- A: Aboutwhal we are doing~ waysto&cthet - Q:Whoi- 1\: Th111is my Facebookname. - '\ Whet ts the si8"iric:ancc:ofth ~ - /M Yfaccbcok name /~ because whiltmad - so strongwas his hair OPNAV 5580/3 (REV. J tll006) PREVIOUSEDITION JS OBSOLETE FOR OFFlCIAL USE ONLY SIN:0I07-LF·981·6000 PLACE: DEl'ARTJIENTOF rHE NAVY USSHOPPER (DDG-70 LITARY SUSPECT'S ACKNOWLEDGEMENT TIME/DATE: AND WAIYER OF RIGHTS STATEMENT f'"l."t"5 J 19 Deccmberl017 ,: Howoften ~ hlldcon\'Q'sations wi ~ via facebookMessenger? A:Onelimcallllllll Q; One limr:as in one me.uagcor one:time as Inone day? A:Oneday.- Q: What~ c oflhc conversations? A: She mcssogedme, we stnrtcdlalking about me 1111~ d tha1wu ebouriL Q; Al an timewas anythinginappropriate discussed? -A: No Q: Di share withyou ht:rfeelings vio Messenger? A:No. Q: Did you share anything • about howyou reel abouther? A: Nol throu&JImessenger Q: Haveyou ever lalkcd1 boutyour or her feelingsfor ~ch other llfl,Yoth:r wayswhether ii was verbal,W'linen or ctcctronic mew? A:No, 1heonly 1hl~ comeclose to it wouldbe me talkingc - Q: Do youknow !..... Is Ina rdalions!!I A: I d~ rc bul I hear sheis dating - Q:Dl ~ evcrconfront you aboutyour re alion ship wi~ or rumorsabout you ~ A: Yes,the same occurrencel5 above.t told him I neededto talk 10 him and he also laid me he needed10 Lalkto me and that is when I lold himlo tel to "chitlout"and he fnformedme abou spreadingrumors. - Q: Di everconfront you abouta diary1h11 had been keeplng'l A: He to d met at e readsomething lhat le~ believeii mlgh1be about me and lhat she hod feelingsfor someonethat could hnvc beenme so he wantedto calklo me aboutit. - Do you know what Se~ 10 believeit could be you? l believeh wasbccause ~ oingon aroundthe shipand then he happenedlo read it and pul lhc cwotogether. - ·.,,--J, How did you respondl ~ hcr. he mentionedwhat he had iud? I said. "lhat's cruy, she's crazy thereis nolbinggoing on betweenus." - ,: Ofdyou soy anythl~ the linesof, "I'll do what I want, I don'I weaboutUt e con.sequences?'' A:No~ t.- Q: Di'llllllllllllll comc10 your roomon the nightor 12 November2017/ morningor 13November 2017 whilestaying at the Best WesternOlive? A:No Q: 0 all or visityou Jrcqucnllywhile on w11tchin CCS? A: She ~1 ordm BJtdshe calls rorsu water injectionTemperature and fuel and waterpe~entages. - Q: D~ eall more thana normalBMOW would be r.cqulrcdto talk 10the E0OW? A: Yes, but I'm nol lhe only one lhalanswm the phone.- Q:Wh ~ or mwag ~ "whcr~ lclclesa1?" A: The-- recelve~ cl\t ofpltlles and wouldbring them to CCS but t don't rememberever tc,11.tin& her lhnl only possiblysaying ii whlle on wntdl- Q: Haveyou i:vcrconducted tag--0u1 training r ~ or anyofth A: Yes I thou ht it was oin to be the wholedivision but whenI ell.Illelo do the traininglhc only personnelin lhc ForwardBo,'n L0tker Q: as e n ng sc e u e A: Yes, she cameto me a coupledays prior askingabout tag-ou\S and askedif l could~ ·de ~-out 1ralningto lhe divisioo.When I showedup I.hewhole division wes not thCR 111dI providedtndnlng to thosepersoMel Q: Do you know why personnelwould stale that the trainingwa, "awkwe,d"due 10 you en A' No idea- she was sittingat the computerand l wassitting on the desk~hind her by the TV as she wn.slogged into cSOMS on the computer Q: Al Bny timew , c you and- wen Fecebookmesseglng each other did c:ithcroryov dlsc:us.s ways you werephyslcally anracledto eacholhcr7 - No- Doyou rememberhow many drinks }OU had that evening? • l bad five::drinks . - OPNAY 5580/3 (REV. I t/2006) PREVIOUS EDITION IS OBSOLETE FOR OFFICIAL USE ONLY SIN: 0107-LF-981-6000 PLACE: DEl'ARTMENTOFTHENA l'l' USS HOPPER (DDC.70) LITARY SUSPECT'S ACKNOWLEDGEMENT TII\IE/DATh AND WAIVER OF RIGHTS STATEMENT ,-i'2->/19Dc:ccmbc:r2011 { ,: Wouldyou consideryourself to be somcwh•tinloxica1c:d or vr:ryinloxi ~ 1lemcssaglng A:.l was drinkin& bul I wouldnot consfdcrmyself to be very lntoxh:n1cd. Q: Do wh~ oold say she fell guilty about cheatingon fter lhc night ar 12 November2017? A:No.. w Q: Do youknow wh~ wouldstale thal she believesshe hndan undulyfamiliar rclacionship with you by meansofFacebook mcssa. physicelacts c:omminedat Wranglersthe nightor 12Novembcr:2017? A:No. Q!-00 you f~I asMu ourbehavior the nightof Ii November2017 whetherin publicor privarewas inappropria1e and wouldlead yowselr,others a to believethat you had 111unduly familiar rclarionshlp wllh her? A: Yes, I'm nol happy I ancedwhh her lhat is why I mede it a pointto end the night whenI did. 1didn't llke how ir was gorngso I wanted10 go to my room.- Q: D~ you wereuncomfortable while at Wranglersand dc:iwnsa.lrsat the "TexasBBQ''? A: Y la te1 ti t , 11 ti • 11 t • I • I ~ • missing.I knowthat after we had gotten underwayiwhile: on watch rought u 1ha ere textins him • • wherehis room was and wanting10 come lo his lso mentionedwhlle we we~ al "Tcitas BBQ" thll hod been her aboot herselfand d sending"dick pies" ofhlmsetr. Af\tr we gol underwayI ask bout w wu lcxtingher and she wouldnot tell me what they re texlin&back and orth bul inled that he was showingherself an "dick pies".- • ) Haveyou talkedI ~ ? ( : Yes,he told me it I I appen.- '- OPNAV 5580/3(REY, 11/20D6) PREVIOUS EDITION IS OBSOLETE FOR OFFICIAL. USE ONLY SIN: 0107-LF-981-6000 PUC£: D£fARTMENTOF THENAW USSHOPP Ell CDDC-70) ILITARY SUSPECT'S ACKNO\VLEDGEMENT Tll'llE/DATE: AND WAIVER OF RIGHTS STATEMENT I J9 Dccembtr 2017 · o· ell you lha d been lexting her "dick pies" or did you ove~ . l overheardit while at therestaltr1flt after we cameback rromWranglers and thenspoke t calllllllllll al\erwe wcr: untkrwaylo onfinnwhat I had heard... : ls then:a reasonyou did not mentionthe allegedinappropriale behavior o ~ arlltr in this interviewwhen lnfonncd 111at you ere suspcctetl of violatingthe UCMJand underinv~ iiarlon for behaviorsimilar 10 this wi~ : Honestly,I did not think this wasreal. I did not want.r1yonc else: lO get in troubleand lcnc~ t doneanything but in order 10 ring all of 1hcI nformation10 light andbe honestI feel like l haveto reportiL 1111 : Do ):'.OUhave anything further to add10 your statement? i No.- c, r: ~ ~ e abovestalement consists of 6 pagc(s)typed b in the pr-c:51:ncco u we discussedit.s contents. I haveread and undcmandthe aboveslatement. I hovebeen given the oppoctunil)'10 make any r:hanses and/or CtJmclionI desir:d lo make and haveplac:td my ini1ial5over the changesor corrections. Thisstatement is the truthto the best or my knowledgeand belief- Signalure () Date: J'ID !:Zn 1imc: --'-/-=lt,_2~~--- Subscnliedand sworn before me on lht l9111day or Decemberin lhc yeor2017 at /6'-ZS, In acconf1111cewilh Article 136 (b)(4}, UCMJ. Tille: OPNAV 5580/3(REV . 1112006) PREVIOUS EDITION JS OBSOLETE FOR OFFJCIAL USE ONLY SIN: 0107-LF-981-6000 Pagc:2._ of_!_ ) ENCLOSURE{3l DEPARTMENTOF THEENA VY PERMISSIVEAUTHORIZATION FOR SEARCH AND SEIZURE USN that the USS HOPPER(DOG 70) Is conductlngan lnvestigatlonInto lha..offense(5)of VlolallonotUCM.J Article{s) 92, f'nllurc.roObe.y Order or Regulationand Anlclc 134.Adultery have been requestedto permll a search ol my While IPhonc6S+ with a black MERIT case.Serial Number: C39S31NBGRWX 2. CONS'TIT\IT/0NALRIGHT - I have been Informedof my constituUonalright to refuse to pennit this search In the absenceor a search warrant In fuUunderstanding or this right, I have neverthelessdecided to pennitthls search lo be made.- 19Dcc2017 and I herebygive liil!Uher/lhemmy permissionto removeanti retain any propertyor papers found during the search whichare desired for investigativepurposes - FREEDECISION I make this decisionfreely and voluntarilyand It Is made with no threatshaving been made or promlses extended lo me If OG'f7 ' 6. TIM£50F • Start b. End OPNAV 55B0/16(Rev. 1112006) PREVIOUSEDITlON IS O!ISOlET!:. S,'1101O7-1..f•NUDOO CAPTAIN'S MAST ACCUSEDACKNOWLEDGEMENT OF APPEALRIGHTS ( I- USN attached to USS HOPPER(DOG 70), have been i= facts concerningmy rights of appeal as a result of Captain's mast held on 22 December20 I 7. a. I havethe right to appeal to Commander,Carrier Strike Group ELEVENvia Commander DestroyerSquadron NINE. b. My appeal must be submitted within a reasonabletime. Five days after the punishmentis imposed is nonnally considered a reasonabletime, in the absence of unusual circumstances. Any appeal submitted thereaftermay be rejected as not timely. If there are unusual circumstanceswhich I believe will make it extremelydifficult or not practical to submit an appeal within five day period. I should immediately advise the officer imposingpunishment of such circumstances,and request an appropriateextension of time in which to file my appeal. c. The appeal must be in writing. d. There are only two grounds for appeal; that is: (I) The punishmentwas unjust, or, (2) The punishmentwas disproportionateto the offense(s) for which it was imposed. e, If the punishmentimposed included reduction of more than one paygrade,or was in excess of: correctionalcustody for 30 days, forfeitureof 1/2 months pay X 2, extra duties for 60 days, restriction for 60 days, then the appeal must be referred to a military lawyer for considerationand advice before action is taken on my appeal. f. I do/@ wish to appeal. (Circle one) (Signature d'f Witness and Date) ADMINISTRATIVEREMARKS NAVPERS1070/613 (REV. 08-2012) PREVJOUSEDmONSAREOBSOLETE SUPPORTINGDIRECTIVE MllPERSMAN 1070-320 IP OR STATION •JSSHOPPER DOG 70 ( JBJECT· fx PERMANENT r TEMPORARY CO'SNJP AUTHORITYflF PERWtNENTJ MILPtRSMAN1626-120 12i2212017· COMMANDINGOFFICER'S NONJUOICAL PUNISHMENT DATE OF OFFENSE: 8-13 November 2017 NATURE Of OFFENSE: Violation of UCMJ Article 92, Failurelo obey order or regulation DATE OF CAPTAIN'SMAST : 22 Dccembcr2017 NON-JUOICALPUNISHMENT A WARD· 60 days restriction(45 days suspended),forfeiture of 1/2 month's pay (for two months) USN, signed JAG Manual, appendix A-1-d, prior to Captain's Mast which was held on 22 December 2017. 2 121'.U/2017 Witnessed: REDAND VERIFIED IN !:LECmONICSERVICE RECORD _ FYINGOFACIA1. RANK OR GRAOE/Tffi.E ,-D....ATE ______----, SIGNATUREOF VERIFYINGOFFlClAI. sw AW). usN [220Ec17 J SOCIALSECURITY NUMBER BRANCHAND CLASS EDNL.Y PAN.11.r:v 1::1:11~ ADMINISTRATIVEREMARKS NAVPERS1070/613 (REV. 08-2012) PREVIOUSEDmONS ARE OBSOLETE SUPPORTING DIRECTIVE MILPERSMAN 1070-320 1 PORSTAT10N Js HOPPER(DOG-70) ( '3JECT Ix PERMANENT r TEMPORARY AUTHORITY(IF PERMANEN1J STAYOF PUNISHMENT MAN\.AL OF THEJIJDOE ADVOCATE GENERAL ADMJNISTRATIVE COUNSELINGWARNING DATE· 24 December2017 I. On 22 December2017 , you were awarded CommarnUngOfficers nonjudicialpunishment for violationof the Unifonn Code of MilitaryJustice, Article 92 (Failurelo obey order or regulation). You were awarded 60 days restriction(4S suspended),and forfeitureof one half month'spay ror two months 2. In accordancewith Manualoflhe Judge AdvocateGeneral, paragraph 0113b(4), your rcslric:lionis stayed for 15 days 1s oflhis dale, 24 December2017. Je· ~fD~r'J ( .:rebyacknowledge the above Page 13 entry and desire lo (make a sta1emcnt1€ maJ..~astalcmen})I '{TEREDANO VERIFIED IN ELECTRONIC SERVICE RECORD . SOCIALSECURITY NUMBER BRANCHAND CLASS ADMINISTRATIVEREMARKS NAVPERS1070/613 (REV, 08-2012) PREVIOUSEDITIONS ARE OBSOLETE SUPPORTINGDIRECTIVE MILPERSMAN 1070-320 IP OR STATION - • SSHOPPER ODO 70 ( BJECT Ix PERMANENT r TEMPORARY AUTHORllY(IF PERMANENT) COUNSELING/WARNING MILPERSMAN1626·120 l212!20J7 You an: being retained in the Naval Service, how, the followingdeficiencies in your perfonnance and/or conduct arc identified· - Violation or UCMJAnicle 921 Failure to obey order or regulation 2 The followingare recommendationfor correctiveaction· - Confonn your behaviorto the requirementsof lhe UCMJ, Navy regulations,and the order issued by your superiors 3 Assistance is availablethrough : -Your Chain of Command -DAPA - BaseChaplain • F'leetand Family Support Services 4. You are advised lhat any furtherdenciencies in your perfonnance and /or conduct may re1ult in disciplinaryaction and in processing for administrativedischarge. All deficiencies previouslycited and or misconduclduring your current enlistment,both prior 10 and subsequentto lhc date of this action, will be considered Subsequentviola1ion(s) of the UCMJ or conduct resulting in civilian conviction could result in an administrativeseparation under other than honorable conditions. 5. This counseling/warningentry is made to afford you an opportunityto undertakelhc correctiveaction . Any failureto adhere to the guidelinescited above, which is reflected in )Our future performanceand/or conduct.,will make you eligible foradministrativeseparation action. 6, You are hereby directed 10 conformyour behavior to lhc requirementsofche law and the regulations of the United Ststes Navy immediately. I have read the above infonnation and understand it contents I have read and understandU.S. Navy Regulations, Article 1122,concerning this entzy in my service record. I DO DO NOT desire to make a state RED AND VERIFIEDIN ELECTRONICSERV1CE RECORD • FYINGOFFICIAL RANK OR GRADetrlTl.E DATE SIGNATUREOF VERIFYING OFFICIAL ,....12 ...... 20--EC-17 ___ 1, SW'AW), USN SOCIAL SECURITYNUMBER BRANCHAND CLASS t:IDR/ A 1"V IIU:'llCITl'\II- REPORT AND DISPOSmON OF OFFENSE{S) YPERS 182.817 18 December 2017 ( USS HOPPER (DOG 70) 08-13 November 2017 DETAILSOF OfFENS&:(S(R•fer l,y AlfJcJe MJ If mawrt U u~ 1bsotn , glYt f~ lnfa: litnt lnddate a/connencement, whetherIMlr L11ro111orliberty, flmll 111111date o/ ~ orsc.ff91lder end llll'illr,/1111 bcant, foa o//0 cardandtbr lbtwty t&rrl,lie.) SEE ATTACHED NNIECF'MJN E OIV/Q£PT TU.RACII! I have been lnrormedor the natureof the acctlS8tion{s)against me. I understandI do not have lo answerany quest! make slatementregard! se{s) of which Tam accused or suspected.However, I understandany stalementmade or questions r nsweredby me a In evanl of lrial by court- -- - . -- ilness: _____ Acknowledge ------PRE•TIUAL D CONFINEMENT RESTRICTED:VOU at9 rutriclrd Ill tha llml1SDI _____ ..,...,._.,...._,... lnlie!I ol anestby anSer ~m~llle:'.-:-::C~O~.~Un!ll:-::;---your~7.Sla~tvs--,-,.-~-sUlc=~ledTpetSOl'l=~b~l~enn=1n1~~~d~by-lhe~CO.you [K] NO RESTRICTION ml)' nol leave lhe rarlded l!mllsucept wtlh Ille bpl1IIS permlu!cn of Iha co ar XO YO\I hlvn bun lrl ol lhe Umes and aa:s which .,_ ell lo muster. NAVPERS1112 SIN 010S-LF4>05-2700 PReiJMINARYINQUIRY R!PORT From . . Dale 1B December 2017 To USN 1. Tra "'--. ,. •, .,. ;. • • I • t ~ ~. I t • • 111 • : I ' • ------reportby you, Including,If apPfOprialaIn lhe Interestcf justiceand cllsdpllne,the ffll:rs1'of such =,:J!ul to youIO be sustainedby expectedevidanca. cirviJiciH . ''" iii tMy ~J ( tW.l!OFWmESS RATEJGAAD! NAUEOFWrttffi RAffiGAAOE ~COMU€HOATIOPiAS TO OISPOSITlOH □ fm'ER TOCOVAT -MARTIAi. FOR TRW. 011l,l'l','QED CIWICES (Corrllleit Charvt5llnl (DC F01T11•sa1 ~Plae 21 D DISPOSEOFc,.se l,T IAAST □ N0 PJHITIVEACTION NECESSARY OR DES!IWllE □ DlllER □ DISIISSED 0' l'Ufl'I TO c-.P'TAJ.'lllMUT h punishment,I demandIn lleu DlSU:SSEI) CCNF Off.____ I 2. 0fl 3 DAYS ClSI.CS!.DWITH WARN1NO !Nol canllid-.1 NJP1 CORRECTIOKALCUSTOOV fCR _ D4YS ~ · ORNJIHWRITIHCI l!EOUCTIOIITO tEXT INi'ERIORp11,y GlW1E Fla>UCTIONTO PAV G~ OF R£l'!ll,C4NO ; CRALN,IWRITING Mi I L\5~ s.,n..,- _.~ llfS1' TO,______.FOR DA'l'li \. EXmA DUTES FQR_ C,.YS 116T TO FOR OAVSWITHSUSP. FROUDIJTY P\JtflSHUENTSUSPa-Cl£0 FM FORF!tru11~ 1,.;;;;; fOR_L_MOISJ REFERTO ART 3:IINESnG.\llON nfCOMloENOEDFOR TRI.\L BY GCM OETEHTIONTOtlAVU==~p1,y..m D MO FOR11 , 2. 3 11,(l{SJ OETMIEORm _ MO[SJ OAT! S ED INFOftMEDOF Al!OV£ ACTION 22-1)€(.ll ll has ned to ma and I understandthat If I (NI I.hislmposlti0f1 of nonjudld nvlellonto the nSJ1t ) !LEDINUNI T W£RER$l4J:AEI °"~ ---:=""""'---I DATE l ... NAVPERS1821/T (Rev . 12-U) (BACK) '""* ( NAVPERS1626/7, REPORTAND DISPOSITION OF OFFENSES CONTINUATIONSHEET ICO OFFENSE: VIOLATION OF UCMJ AR'UCLE 92: F.UWRE TO OBEY ORDER OR REGULATION Specification 1: In that U.S. Navy, USS HOPPER, on active duty, on or abouc 08-13 November 2017, fail to obey a lawful general regulation, to wit: OPNAVINST5370.20, dated 06 January 2016, by wrongfully having an unduly familiar relationship that does not respect differences in grade or rank. Specification 2: In that U.S. t~avy, USS HOPPER, on active duty, on or about 08-13 November 2017, fail to obey a lawful written order, to wit: NIWPERS1070/613 dated 27 September 2017, "STANDARDSOF PERSONALCONDUCT" by wrongfully communicating, "liking", "following", "friending" or having a similar status connection with any other HOPPER Officer, Chief Petty Officer, or Enlisted Sailor outside of their respective paygrade group. S~oification 3: In that U.S. Navy, USS HOPPER, on active duty, on or about 08-13 November 2017, fail to obey a lawful written order, to wit: NAVPERS1070/613 dated 28 September 2017, "STANDARDSOF PERSONALCONDUCT" by wrongfully engaging in interpersonal conduct which diminished work place integrity, respect for authority, the perception of fairness, or any other aspect o! good order and discipline . c3 ADMINISTRATIVEREMARKS NAVPERS1070/613 (REV. 08-2012) PREVIOUSEDmONSAREOBSOLETE SUPPORTINGDIRECTIVE MILPERSMAN1070-320 SHIP OR STATION USS HOPPERDOG 70 SUBJECT D( PERMANENT r TEMPORARY COUNSEl.lt-:G/\VARNING AUTHORITYIIFPERMAN8ITJ MILPERSMAN1&26-120 12122/2017: 1. You arc being retainedin the Naval Service, how, the followlngdeficiencies in your perfonnance and/orconduct arc identified: - Violationo(UCMJ Article 92, Failure to obey order or regulation 2. The followingarc recommendationfor correctiveace ion: - Conformyour behaviorto the requirementsof the UCMJ,Navy regulations,and lhc order issuedby your superiors 3. Assistanceis availablethro11gh· -Your Chainof Command •DAPA • BaseChaplain • Fleet and FamilySupport Services 4. You arcadvised that any furtherdeficiencies in your performanceand /or conductmay re.suitin disciplinaryactlon and in processingfor administrativedilicharge All deficienciespreviously cited and or misconductduring your currentenlistment, bolh prior lo and subsequentto the date of this uction,will be considered. Subsequentviolallon(s) oflhe UCMJor conductresulting in civilian convictioncould re.suitin an administrativeseparation under other rhan hononibJeconditions. S. This counseling/warningentry is made 10 afford you an opportunity10 undertakethe correctiveaction . Any rai!ureto adhereto the guidelinescited above, which l.srenected in your f'u1urcperfonmmce and/or conduct, wlll makeyou eligible for administntive separationaction. 6. You are herebydirected to confonnyour behavior to the requirementsof the la.wand l11cregulations of the United States Navy immrdiately. l have read the above infonnationand understand it conten Article 1122,conccmi ENTEAEOAND VERIFIEO IN ELECTRONIC SERVICE RECORD RAMKOR GRADEmltE DATE ) 22DECl7 BRANCHAND CLASS B.J SURl{3~ R OFFICIALU NLV PRIVAC:V~FMltlT,VC:: l ( ADMINISTRATIVEREMARKS VPERS 1070/613 (REV.08-2012} PREYtOUSEDmONS ARE OBSOLETE SUPPORTING DtR!CTIVE MILPERSMAN107o.320 ( SUBJECT: ~ PERMANENT r TEMPORARY AUTI-!ORITY111'PBfMANENTJ CO'SNJf MILrERSMAN1626-120 12/22/2017 : COMMANDINGOFFICER'S NONJUDICAL PUNISHMENT DATE OFOFFENSE: B•ll Navcmber20i7 NATUREOF OFFENSE: Violationof UCMJArticle 92, Failureto obey order or regulation DATE OF CAPTAIN'S MAST: 22 December2017 NON-JUDICALPUNISHMENT AWARD: 60 daysn:slriction (45 days suspended), forfeitureof 112 month'spay {for two months) ~ SN, signed JAG Manual, appendixA•l•d. prior lo Captain'sMast which was held on 22 December )2122/2017 Witnes~d: eNTEREDANO VERIFIED IN ELECTRONICSERVICE RECORD RIFYINGOFFICIAL RANK OR GRADE/TTTI.E: DATE SW/AW), USN 22DEC17 SOCIAL SECUR(TY NUMBER BRANCH ANO CLASS OR ADMINISTRATIVEREMARKS NAVPERS10701613 (REV, 08·2012t PRIMOUS EDfTIONSARe OBSOLETE SUPPORTINGDIRECTIVE MILPERSMAN 1070-320 SHIPOR STAllON· J..u_s_s_H_O_PP_E_R..;.(D_D_G_-7_0.;..)------1( SUBJECT: 15 ADMINISTRATJVE COUNSELtNO 1WARNING DATE ; 24 December2017 I. On 22 December2017, you were awardedCommand ing Officer'snonjudlcfal punishment for violation oflhc Unlfonn Codeof Mililary JllSlicc, Article 92 (Failure to obey order or regulation). You were awarded 60 days restriction(45 suspended), and forfeitureof one half month's pay for IWO months. 2. In accordance with Manual oflhe Judge Advocate General, parayaph 0 I 13b(4),y our restrictionIs stayed for 15 days as of this date, 24 December 2017. Dale: 84 Dee[1: I hereby acknowledgethe above Page 13 cntsy and desire lo (make a statement/notmake a suitemcnl) ENTEREDAND VERIFIED IN ELECTRONICSERVICE RECORD VERIFYINGOFACIAL RANK OR GRAOemnE ) CAPTAIN'SMAST ACCUSED'SNOTIFICATION AND ELECTIONOF RIGHTS ACCUSEDATTACHED TO OR EMBARKEDlN A VESSEL (See JAGMAN 0109) Notification and election of ri · position of Non-Judicial Punishment in the case o assigned or attached to.JJ.S.S. HOPPER CDDG70) NQIIFICATION l. In accordance with the requirements of paragraph 4 of Part 5, MCM, 2016 edition, you are hereby notified that the commanding officer is consideringimposing Non-Judicial Punishment on you because of the fo1lowingalleged offenses: •VIOLATION OF UCMJ ARTICLE 92, Failure to obey order or regulation 2. The allegations against you are based on the following infonnation: The documentation provided for review and your chain of commands comments in regards to the allegations against you. 3. You may request n personal appearance before the commanding officer or you may waive this right a. PersonalBppearance waived. If you waive your right to appear personally before the commanding officer, you will have the right to submit any written matters you desire for the commanding officer's consideration in determining whether or not you committed the offenses alleged, and, if so, in determining an appropriate punishment. You are hereby informed thnl you have the right to remain silent and that anything you do submit for consideration may be used against you in a trial by court-martial. b. Personal appearance requested. If you exercise your right to appear personally before the commanding officer, you shall be entitled to lhe following rights at the proceeding: (I) to be infonned of your rights under Article 3 l(b), UCMJ; {2) To be informed of the information against you relating to the offenses alleged; (3) To be accompanied by a spokespersonprovided or arranged for by you. A spokesperson is not entitled to travel or similar expenses and the proceedings will not be delayed to permit the presence of a spokesperson. The spokespersonmay speak on your behalf, but may not question witnesses except as the commanding officer may permit as a matter of discretion. ) The spokesperson need not be a lawyer. EHCLUSURE{~J (4) To be pennitted to examine documents or physical objects against you that the commandingofficer has examined in the case and on which the commandingofficer intends to rely in deciding whether and how much Non-Judicial Punishmentto impose; (5) To present matters in defense, extenuation, and mitigationorally, in writing, or both; (6) To have witnesses attend the proceeding, including those that may be against you, if their statements will be relevant and they arc reasonably available. A witness is not reasonably available if the witness requires reimbursementby the United States for any cost incurred in appearing, caMot appear without unduly delaying the proceedings,or if a military witness, cannot be excused from other important duties; and (7) To have the proceedings open to the public unless the commandingofficer dctennines that the proceedings should be closed for good cause. However, this does not require thnt special arrangementsbe made to facilitate access to the proceeding. ELECTIONOE RIGHTS 4. Knowingand understandingall of my rights 11sset forth in pamgrnphs l through 3 above, my desires nre as follows: l request a personal appearance before the commandingofficer. I waive a personal nppearance.(Check one) I do not desire to submit any written matters for consideration. Written matters are attached. (The accused's waiver of personal appearance does not preclude the commandingofficer from notifying the accused, in person, of the punishment imposed). b. Electionsat personal appearance. (Check one or more). ___ I request that the following witnesses be present at my Non-Judicial Punishmentproceeding : Name Command ) 2 (4) To be permitted to examine documents or physical objectsagainst you that the commandingofficer has examined in the case and on which the commandingofficer intends to rely in deciding whether and how much Non-JudicialPunishment to impose; (5) To present matters in defense, extenuation, and mitigation orally, in writing, or both; (6) To have witnesses attend the proceeding, including those that may be against you, if their statements will be relevant and they are reasonably available. A witness is not reasonably available if the witness requires reimbursementby the United States for any cost incurred in appearing, cannot appear without unduly delaying the proceedings, or if a military witness, cannot be excused from other important duties; and (7) To have the proceedings open to the public unless the commandingofficer detennines that the proceedings should be closed for good cause. However, this does not require that special arrangements be made to facilitate access to the proceeding. ELECTIONOF RIGHTS 4. Knowing and understandingall of my rights as set forth in paragraphs 1 through 3 above, my r desires are as follows: 1 request a personal appearancebefore the commanding officer. I waive a personal appearance.(Check one) J do not desire to submit any written matters for consideration. Written matters are attached. (The accused's waiver of personal appearance docs not preclude the commanding officer from notifying the accused, in person, of the punishment imposed), b. Elections at personal appearance. (Check one or more). ___ I request that the following witnesses be present at my Non-Judicial Punishment proceeding: Name Command ------~---- _ I request that my Non.Judicial Punishmentpr oceeding be open to the public. (Name of witness) 3 CAPTAIN'SMAST ACCUSED'SNOTIFICATION AND ELECTIONOF RIGHTS ACCUSEDAITACHED TO OR El.\1BARKEDIN A VESSEL (SeeJAGMAN 0109) Notification and election.~ contem sition of nonjudicial punishment in the case o~ SSN assigned or attached to.USS HOPPER (DDG-70). NOTIFICATION I. In accordance with the requirements of paragraph 4 of Part 4, MCM, 2016 edition, you are herebynotified that the commanding officer is considering imposing nonjudicial punishment on you because of the following alleged offenses: - Violation of UCMJ Article 92, Failure to obey a ]awful or regulation 2. The allegations against you are baseo on the following information: The documentationprovided for review and your chain of commands comments in regards to the allegationsagainst you. 3. You may request a persona] appearance before the commanding officer or you may waive this 2 right. a. Personalappearance waived. If you waive your right to appear personallybefore the commanding officer, you will have the right to submit any written matters you desire for the commanding officer's considerationin detennining whether or not you committed the offenses nlleged, and, if so, in detennining an appropriate punishment. You are hereby infonned that you have the right to remain silent and that anything you do submit for considerationmay be used against you in a trial by court-martini. b. Personal appearance requested. If you exercise your right to appear personally before the commanding officer, you shall be entitled to the following rights at the proceeding: (1} to be informed of your rights under Article 3 l(b), UCMJ; (2) To be informed of the infonnalion against you relating to the offenses alleged; {3) To be accompanied by n spokespersonprovided or arranged for by you. A spokesperson is not entitled to travel or similar expenses nnd the proceedings will not be delayed to pennit the presence of a spokesperson. The spokesperson may speak on your behalf, but may not question witnesses except as the commandingofficer may permit as a matter of discretion. ) The spokespersonneed not be a lawyer. {4)To be permittedto examine documents or physicalobjects against you that the commandingofficer has examined in the case and on which the commandingofficer intends to rely in deciding whetherand how much nonjudicialpunishment to impose; (5) To present matters in defense, extenuation, and mitigationorally, in writing, or both; (6) To have witnesses attend the proceeding, including those that may be against you, if their statementswilI be relevant and they are reasonablyavailable. A witness is not reasonablyavailable if the witness requires reimbursementby the United States for any cost incurred in appearing,cannot appear without unduly delaying the proceedings,or if a militaiy witness. cannot be excused from other important duties; and (7) To have the proceedingsopen to the public unless the commandingofficer detennines that the proceedingsshould be closed for good cause. However,this does not require that special arrangementsbe made to facilitate access to the proceeding. ELECTIONOF RIGHTS 4. Knowingand understandingall of my rights as set forth in paragraphs J through 3 above, my desires are as follows: I request a personal appearance before the commandingofficer. I waive a personal appl!W'rulce.(Check one) I do not desire to submit any written matters for consideration. Written matters are attached. ('TheeccusetJts waiver of personal appearance does not preclude the commandingofficer from notifyingthe accused, in person, of the punishment imposed). b. Elections at personal appearance. (Check one or more). ___ I request that the following witnesses be present at my nonjudicial punishmentproceeding: Name Command _ [ request that my nonjudicialpunishment proceeding be open to the public. (Signature witness) (Name of accused) ) CAPTArN1S MAST ACCUSEDACKNOWLEDGEMENT OF APPEALRIGHTS 1 attached to USS HOPPER (DOG 70), have been owing acts concemmg my rights of appeal as a result of Captain's mast held on 22 a. I have the right to appeal to Commander,Carrier Strike Group ELEVENvia Commander DestroyerSquadron NlNE. b. My appeal must be submittedwithin a reasonabletime. Five days after the punishmentis imposed is nonnally considereda reasonabletime, in U,eabsence of unusual circumstances. Any appeal submitted thereafter may be rejected as not timely. If there are unusual circumstanceswhich I believe will make i1 extremelydifficult or not practical Cosubmit an appeal within five day period. I should immediately advise the officer imposingpunishment of such circumstances,and request an appropriateextension of time in which to file my appeal. c. The appeal must be in writing. d. There are only two groundsfor appeal;that is: (I) The punishmentwas unjust, or, (2) The punishmentwas disproponionateto the offense(s)for which it was imposed e. lfthe punishmentimposed included reduction of more than one paygrade, or was in excess of: correctionalcustody for 30 days, forfeitureof 1/2 months pay X 2, extra duties for 60 days, restriction for 60 days, then the appeal must be referred to a miJitarylawyer for considerationand advice before action is taken on my appeal. f. I do/ {!o~"o~- wish to appeal. (CircJeone) D£,..t/fTltta.T C1FTHE NAVY MILITARYSUSPECT'S ACKNOWLEDGEMENT AND WAIVEROFRIGfITS STATEMENT Place:USS HOPPER(DDG• 70) _), Time / Date: 4 7~ / / 19 December2017 USN - USS HOPPER(DDO-70) have been • USN, that I em suspected of violationof UCMJ Article 92 & ..ArticleJ34 I have also been advised that: (I)I ha\/e the right to remainsilent and make no statementat alullllllll (2} Any statement I do makc- gainst me in a trlal by court-martialor otherjudicial er I. administrativeprocecdin {3} I have the right to consult WJ a awyer prior to anyquestioning. This lawyer maybe a civilian lawyer retained by me at no cost- ted States, o military lawyer appointedto act as my " counsel at no cost to me, or both (4) I have the right lo~ taine c1v11anlawyer and/or appointedmilitary lawyer present during this interview;an ...... ( 5) I may tenninate thfs interviewat nny time, for any reaso 1understand my rights as related to me and as set forth above. With that understanding,I have decided that I do not desire lo remain silent, consult witha retained or appointed lawyer,or have a lawy t this time. I make this decision freely and voluntarily.No threats or promiseshave been made to me Signa Date & Time·, 1C!P ee., r .(£7(/)I t) Date & Time: 11 B;< "2$ 7 / <-P:?1Y OPNAV S580/J(REV. lf/l006) PREVIOUS EDITfON IS OBSOLETE SIN:0107-Lr •981-6000 Pa&e:I of.J_ , --URE(~) PLACE: DEPARnt£1VTOF rHE NAVt' USS HOPPER DG-70) l\ULITARY susPEcr•s ACKNOWLEDGE~tENT TW£/DATE: AND WAIVER OF RIGHTS STATEMENT 'N UNDULYFAMILIAR R.ELATIONSHI nhrain7 - 017, 1 hadduty D'l 10 en~ ll No~mbu2017. 1 ihe9 November2017 I checi OPNAV~SSOJJ (REV, I l/l006) PREv10US EDITTONrs OBSOLETE ro""'R'""'o"""FF""'J~C.,,..IA-:L-:U""'S~E:'"'!0:,-,Ns,,!'L~Y~( SIN: D107•Lf-9Sl-6000 Pege of PLACE: DEfA/fTMENT OF THENA YY USSHOPPER (DDG-70) MILITARY susPEcr•s ACKNOWLEDGEMENT TIME,ou. ANDWAIVER OF RIGHTS STATEMENT I / 19 December2017 C :;:TH:-;-:~;:-:::-;;::;=-::::-::-;;::-;-;-;;:"'7~;-;::";E:;:R::TV:-:-:A-:-:N:D-:-A-:-:N:-:UN=-::D::-:U:-:LY:-:-=-FA:--:M-;;l~Ll:-:A-=R-=RE~L:-A:--=n==o==N-==s~H:=:IP~B:=:ET::WE== AN~ Q: Whal did your libeny partydo after c- 7 A: We got ready and wenl 10 Wranglers Q: Whal Is Wranglers? A: Wranglers1$ a nigl11clubanached to 11l101cl with o bar. Q. At approximatelywhat time did you get.lo Wr3n, lers'l A; I do not know, II was alreadydark outside Q; Whatdid youdo at Wranglers? - A: We had drinks and danced and talked to other ~le ft'omthe ship. Q: Who was1here from the shl 7 ApproximatelyI0-15 minu1cs · Whatdid you do onte you retumc to hotel? ' ant 11tw:hcdto the hotel, "Big Tex~" and ate some food - Q: Do youremember what you 111e? A: Chillcheese mes and I had a limemorglUite to drink Q: Approximatelyhow longdid yourgroup an oup cat before lea\ ing the restaurant? : We ate and s°'ialized for appro,cimatc:lyan hour OPNAVSS80f3 (REV. 11/2006) PREVIOUS EDITION IS OBSOLETE FOR OFFICIAL USE ONLY SIN: 0107-LF--981-6000 Pqc. ~ff{~~, PLACE: DEl'AIITMEHTOFTHE. NAJi! USSHOPPER DDG-70 MILITARY SUSPECT,S ACKNOWLEDGEMENT TIMEJDAT£l AND WAIVER OF RIGHTS STATEMENT y o, I lingdBi? together. - y eta OW te Im 10 eat withyou? e I ro dor,'t ny Im - 0. id)' a room? YK shared a roo~ ow manybeds were in the room? nebed. we 1111shared IL - l did )'OU do Dfll:C~ C hotelroorn? c laid in lhe bed an~ callcdher sisteron Facetimc.- 1 an timedid anJonele.i~ the hotelroom that night? - wentInto the hallwayto call her husband. you rememberwhat time s lll! IIher husbend? - o, it wu duringthe samellm wason the phonewith her sister. o you knowhow long after mum 3 to your hotel wentto bed? WE.S not ~ am not sure, I reallydrunk and do remember-- n lhc bed.where were )OU sleeping7 was on the OUlSkfeof the bed, on the edge, cl05CSl 10 the window - ~~ id you leavethe ho~I roomduring the night? ~- idy0Umtssag ~ dllringthe dayor that evening? · ou messagesomeone n9'1led - or durin that da rior lo lh1t dayor afterthat day to present? t on my ftrStduty day fiom someonenam ) FOR OFF!CIA!..USE ONLY PLAC£1 DE,., Q: At what time did you Jeaycthe hotel? - A: We left earlyenough 10 c:al bn:akflstand 10 get to lhc bus 011time to return to IIH! ship for duly. 'Q; Whatdid breakfast'I A: BurgerKin . r Q: Wht:rewns BWJcrK ng'I -A;.AmrricanAlley on our waybeck to base as we werewalk! ~ Q: Didyou takeI taxi? - A: We 100k a taxJ fromthe hotel 10 Amcri d then walkedthe rest oflhc way 10 base. Q: At what time dfd you return to the sh! '1 A: Prior10 turnover, I had firsi waicb. Q: Aft- lo lhe ,hip, did you ever u why he mwa_gerequcSlcd you on f"Kebook'l A: No Q: Did~ tag-out irniningwi ~ A:Ve::.- Q: Do you rememberwhen 111.•out trainin wns conductcd'I A: Withinlhc last 2·3 week$. Q:What tfflnSpi ~ t trainingwl A: I do not l:now...... : Where any commentSmade that wouldmake lhe ml of the persoMelreceiving tag-out trniningreel awkwardoround you an- A: No one else receivedtraining except ror me,everyone else wasj11sl in the room al the same time. - Q: Why d~ onn tq-001 1rai11lngfor you and how did it comeup that bt wouJdu-afn you on how to perrormta&-outs? : I passedhim while walkingto the forwanthold and aoldhim I was on •~ r up there and asked him trhe wasavailable lo cooduct ta1-outtralnins lhai we bad previouslydiscussed when I saw him In CCS..... Q:When did you see him In CCS? A: WhenI was clearingthe tags fro~ d-eyc maintenancea fewdays earlier.- Q: Af\" thil tninin; happened,d ~ r.:onlrontyou obout11nY1hlng7 A: V,:s.he has confrontedme on multipleoccllSions. He con&-onledme once after I called againafter the IBg•oUI traininga.nd stiled 1h11people told him ii was "awkward"and spoke to me nboutperception bcm, re111lty, he also 111lkcdto me on one other occnsionabout perception being l"C4lity. - Q Whetwiu 1hcother occasionhe talk~ boutpen:eption being reality and why? A: Becausehe said le weretal ~ crc rumors~olns m,und abou1me 11~ 1nd 11couple ofother peopleto include and r Q Doyou Imo or, were A: That werefilcking. tha - and I havebeen talkingand that I have been tryinglo "gel with.... PREVlOUS EDITION JS OBSOLETE FOR OFFICIAL USE ONLY SIN: 0107-LF-981~000 PLAC'E:1 DEl'AffllENT OF THENA VY l\11LITARYSUSPECT•S ACKNOWLEDGEMENT AND WAIVER OF RIGHTS STATEMENT TY ANDAN UNDULYFAMILtAR REL'i110NSHIP . Whywould you talk,~ ebout- whilcshe wasoffshfp7 Becauseshe ismybest~ ncl~ · Whywould you needto talk I.__ aboutlllllllllllllif ereWI!! no rcl11donshipbetween you nnd- nd olhlnghappened previous 10 beingin-pon Bahrain.during the port visitor a~rwanls7 : BeceuscI had a Cnllih on himan cnllygo to CCSlo speakto him, I had an obses;;ionwilh him. - · Whywould you have• crushon and desirea romanticrelationsh ip wldl.lliml..... : I've had a crush on hbn since be wasa I Bnt physicallyBttrlctcd 10 him-- . HIWe)''OU ever sharedyour fcelinasabou lo him? : I WJOle him a lencr butI neverpve it to : Whydo you have II codenamefi you use wh ? : Becausewe hnvccodcnamc3 for peopk:we talk about ~ we cantu a out pcope withoutanyone knowing who we arc 1alkinge : Is thereany other reasonyou haveI t"odenamefor Are you concemeaa~IA someiine,spociftcelly rendingyour mails and that is whyyou createda codename:? · Jusi becuu.sewe hive a codcnDmeso we can talk, isn't It illegalror ,om:one to read my ffllalls7I was underthe Impressionon the 11p1alncould read peopiesem11ns -- : W01Jldyou be concernetiif you~ read 11ndwould went to i:onwl th!:ident.v a- Immsomeone? : No,tbm is noth~ and I amoot concernedwith who reads th ~ : Are ~ ~ is married? :Yes.-- : Are- cha- bu a wifeand two kids? : Yes. : If you were avea romanticn letioMhi wi what do you think 'OUldhappen when we returnedlo homeport? : Hewoold retum lo htswife and kids : Do you think k is hea~h)'desire 1 0 h.nvc• au on 50mconcwho b mtnied~ lik~ does? : No.why wo - ng happenifhe is monird and I am in a relatkmshi~ : I fl spoke 10 ould he conftrmthat ~ a relalionship? : I don't know,11 cpcn sonhow he classifies1.... : Wherewere you for a one hourperiod during the day of the 12November and for a .S.6hour period the night or 12·13November after min&to your hotelroom when your libertype.ny docs oo!E you wenr? : Durin&lhc day I wnsin lhe stnirwe~I e tnlklngI and !heovenin& I waswith them.- . Howmany limes ~vc yoummag via F8" . MC!Scngeror any otherphone appfla -m:r- : I don11know, I did not keeptratk of ow manyt mes we messagedeac:h cther, sin~ we messaaedI dcle1:d an ohb: conv:rsalia : Wlmtwere )'Oureon,•ersatlons about? · "Besic" flinin~ Q: Does"basic" nirt'lni"'invoTve discmslon!bout int'mete acts, romantic:1cm.l!,illg ror each al.her,or ea\:hother's desireU) netOll lbos: feelings? ~: II i5 not li~ I wanty u and I'm goinglo do ell of thesethings to you" k was flirtingbetween 1wo people dnnking end havinga convem.uon-- Q Howdoes a coaversetionbetMeen tv.o drunkp!Ople fiinlng go? Gl\·e me 1111enmple orwhs W:1$ dlseussed. A: I do oot n:member.- Q: Did you1elk about how you were attrectedt 4.l!.i.!nl...._ A:No, it we5 alreadyobvious bc!e.l on actions- Q: Whalections wouJd m!~c lhc.tobv· us? - A: Fllningi n CCS or lhe waywe "e~ d:mcingin the c'u Q: Did he stale ~ al l\e wesl!ttn!Cled ID you'! A: Not \'Crb:111)- Q: DJd)'O' J dlsc:uss h?vingII pi,3! 1 el re etionship? A: Now: Just discus5edv,,sys we areooth physicallyalC'l!ct ed 10 esch ot r - Q: Would)'OU watt l!Jl)'Ol!EEl56 to J.nowab.,ut whelwts discwed ~ ·effl youtwo A: I'm not SUl"etit We! nothlngto hide but at the !e.metime I deletedit beca.. se I w~d!l 't f:nowhow to describeit to someoneirthey round it giventh e cor.rext crtr,ecooverss .lons- OPNAVSSi0/3 (REV. I I/'2006) FREV[OUS'EDITION (S OSSOLETE FOR OFFICIAL USE ONLY { SIN: 107-LF0 911-600'l \__ Feg:: of ctJ , \JU:fl {3lJ PLACE: DEl'AlfTMENT OF THE /VAYJ' USS HOPPER(DDG-7O) MILITARY SUSPECT'S ACKNOWLEDGEMENT 11ri1t,0ATE: AND WAIVER OF RIGHTS STATEMENT ( TY ANDAN UNDULYFAMILIAR RELATIONSHIP BETWEE : If you didn't de!e1elhc messagesand someonewere to lind It, how wouldyou feel? Embamssed,ashamed, iuilty, v.onied11bout your eeror bh c:arcer'l : Yes,all of the above "Gl\lenall 0f1hesefacl5 stat ure of yourrelationship wlt ~ se,cunior not Isunduly ilinrand not appropriatefi ailorlo havi:7 es howeverprior -to 1h11n tonalrelationship - you believelhal there wastension between you er 1h11night such u scXU1I1e111ion, uneasiness, uncertainty about hal ha. weenyou two or uncerulnt)'about what other peoplemay know? :No. ; Hav~ d to - sincethe nightof 12•13November about whathappened? :No .... : H■vc)'0\1 1alkcd10 him 1bou1lilopplng the imppropriatediscussloris between you two or continuingthem or ha~ spokento ou sincelhcn alxlucstopping the InappropriaterclaJiomhip or conllnuingit7 : Yes, we havediscuued returningto• profcuionalrelationship 11nd maintaining it - ! Whendid you have that conversationw ~ : On 13 November2017 whilewe wezcon -~~-toitethc~ ! Ha · spokensin" lhat dey? • No Illarrelationship between YoUtSClf ~ ar" providedlo you fromOPNA VINST S7J0.2 (scrie5) would you concludeIJ\at the ve:__ ere undulyfamiliar and inapproprinteora seniorand subordinalein the s;imecommand to ·Y ~ : Did the relatfomhlpbetween yo11 t any limebecome pflysical7 • Just whilewe weredancing al W : Di everexpress a deslrt 10have e physicalrelationship with you? : Do - u vi: 11n)1hin11,further 10 edd 10your s1a1ement7 ·No. e;tfh o e '&~e4f£ Slgnatu 1 Date:ltJ / 1:i. Tnne Jt«sx of December Inthe year 2017 at /d.~ in iM:c:onfancewith Artie c 136(b)(4 ), UCMJ. Title: OPNAV558D13 (REV. 11/2006) PREVIOUSEDITION IS OBSOLETE FOR OFFICIAL US& ONLY SIN: 0107•L.f'-9il-6000 Page 2..o r 7 COURTMEMORANDUM 1. PATESUBMITTED: 11JAN12 2. 8fflP ORSTAnON ANDLOCATION: DOG 10 HOPPER 5. UCMJARTICL!(SI: n 7.DAlcOF [!} I, lYPI OfACTIOH&. 0 S. MODFICAllON 0 10.COMICTl()N 11. dATEOF ACTION OM 1D70/ICl7 AC110H; RIPORTDFACTION DFACflOH TOPftiYIOUS MODORCORRETIOH: l7DEC22 1070II01 0 12.RAT! 13.FROM: 14,TO: ADJUSTMENT Ii) 11. FOfU'EfflJRE 17.NON'OLYAMOU ~ 11.NO. MONTHS: 2 0 19.FINE zg.AMOUNT: 0 21. CONSENTTO CHl!CKAGE: 0 21. DOU NOTCONSeffT10 CHECKAGE 23. MC>.AMT, OF CHKl 0 21. DESERTIOHMAM REMOV£D O 21. AO..'UOGSJ 0 27. ADJUDG&OANI> DWPPROVl!D PR&:•TRIAl. COHFINEB:Nl' :io. DAYSLOST TIM& (30 DAYIAltS): 31,DAY& l.08Tl1Mi(OAY FOR DAY): 2J. Fll0M: 2t, TO: 0 0 CONRNEMEHT0RD£RS> AND COMJILE'J&D 34. PAYI LOSTTIE f,1DDAY BASIS) ! 35. DAYSLOST TIME (DAY 1'011 DAV): 32. FROM: 13, TO: 0 D . 37. CHAMGEElG'.ENl.TO: ll. ~O,SIS OF OFRH$!(SJ, DATl!(S). AND SENTENCE ADJUDGE> ALIO AMPL~ REMARKS, MAY B! CONl1NIJl!O ON R!VEl\e) : 2017DECnusa HOPPERf NJP \1al UCMJM tt Falire to obey orderor ~lallon, Dl-13NOV17(3 Spec:ltc:allons) , ~ at ce:Rtnic:fon to ship 1oreo0sya (8111f1tndld◄5 O,yw); Fcxft4l 112 pPn tot a2MOS. 31, DAff APPROViDIM0ClfliDI 40.AUTHORITY TYPE! 41, 43,U111Tl.D. C01)1!:21144 • , I' I _ I ; :t- , • 47, BRANCH/CLASS; USN NAYPERS107111101 I Offlclal NSIPSIESR fOffll prtnl.ld 1flls dll9! Q102@1ll !'OROFRCIAI. UKOflLY TI-.lla ~laMI IJ.,..liflle ~Mal1974 M-.-llil plM:IIH ~lt.!Udllalllle,\ ~~ Subject: RTD:ASSUMPTIONOF COMMAND I 2 lmponance: Low U~CLASSIFIED,/ ROUTlt-.E R 210416ZMAY 18 FM USS HOPPER TOCOMDESRON THREE o,E COM!\AVSURFGRUMIDPAC l~FO COMPACFLT PEARL HARBOR HI ZEN' COMN/\VSURFOR SAN DIEGO CA COMNA \'PERSCOM MILLINGTO?,.TN LEN C0\1THIRDFL T LEN C0~1NA VREG PEARL HARBOR HI JB PEARLHARBOR-HICKAM HI lEN USS PORT ROY AL ZEN USS CHAFEE ZEl\ USS CHUNG H001' ) lEN/USS HALSEY ZEN USS JOHN PAUL JONl:S lEN USS \1ICHAEL ~IURPIIY ZEN.'USS OKANE ZEN'USS PREBLE USS \\ILLIAM P LAWRENCE ZEN/USS HOPPER BT UNCLAS MSGID'GENADMIN,HOP - MAY// SUBJ/ASSUMPTIONOF CO:-.iMAND REF/NDOC/CNO . I SJUN200I fl REF/8. DOC/SECNAV/ 16SEP1990t/ NARR/REFA IS OPNAVINST1710.7A, SOCIAL USAGE AND PROTOCOLHANDBOOK. REF BIS U.S. NAVY REGULATIONS,1990. / P USS HOPPER/ EMA GENTEXT/REMARKSI. CAPTAINJ.J. RING, USN ASSUMEDCOMMAND OF USS HOPPER (DOG 70) AT 0740\V 21MAY18. 2. ALL CURRENTDIRECTIVES, INSTRUCTIONS , AND REGULATIONSIN FORCEREMAIN IN EFFECTUNTJL CANCELLED OR SUPERSEDED. 3. DARE AND DO!/ BT #0052 NNNN ==== /.JMHSWatch 473-35011- DISSEMlfl.ATION RESULTS \1gr & S\1E -== •••PROFILES••• CDS31 PROFILES )