In The Case Of Eric Thomas And The USAF Academy

 

In the matter of Eric Thomas – USAFA
Department of Defense – Office of Inspector General = DoD OIG Board of Corrections for Military Records = BCMR United States Court of Appeals for the Armed Forces = UCMJ Court of Appeals Office of Special Investigations = OSI Confidential informant = CI Cadet Sight Picture = CSP (Policy and Guidance for Cadets) ???? = SCRB ??? = GRB
Date Event Background Action DoD OIG Report: BCMR Findings: UCMJ Court of Appeals
10/15/10 Divide Incident Demerits 20

Career Demerits 90
10/22/10 First Meeting with Special Agent Munson. Thomas and Munson discussed “Divide Incident.” Thomas met approximately twice with Special Agent Munson to provide information and receive directives/levies. Thomas is directed to “keep an eye out.” No Yes Yes
10/29/10 Thomas enters into first agreement to become a Confidential Informant (CI). Thomas first signs Declaration of Agreement. The first security form requires Thomas to agree not to discuss his engagement with anyone outside of OSI. This key information was denied/not acknowledged by DoD OIG Report. YesXX
11/3/10 Provided written statement to Special Agent Munson UNKNOWN Yes
 11/15/10  Thomas is formally removed from conduct probation  Yes  Yes
2011
3/4/11 Claxton Sexually Assaults Victim USAFA did not know of this misconduct at the time of the incident. If it was discussed at the time of misconduct and OSI due diligence, USAFA would have known: the existence/directives of OSI, a sexual assault incident, Thomas would have immediately told the Squadron Commander of the presence of alcohol. Thomas would have stated that he did not know the female, that she was a freshman, tolerated a female behind closed doors and the Claxton case would’ve been investigated. OSI Related Demerits 129

Total OSI Related Demerits219

Actual Career Demerits 90

Total Demerits219
Yes N/A
4/10 Form 10 – Smoking Hookah OSI Related Demerits 30

Actual Career Demerits 120

Total Demerits249
Yes N/AXX
11/3 Failure to clean room OSI Related Demerits 5

Actual Career Demerits 125

Total Demerits254
Yes N/A XX
2/1/11 On or around this date, Thomas provided Special Agent Munson written documentation concerning Willie Gilbert, sexual assault victim [Victim’s Name Redacted] and the “Divide CO” party.  Special Agent Munson provides information stating Claxton is a person of interest concerning sexual assaults(s). Tasked/directed Thomas to track and monitor Claxton. NO N/AXX
xxxx12/13 Thomas administered polygraph test. Thomas successfully passes. In test, Thomas states, “I have not told anyone about OSI.”

Thomas did not receive demerits at the time of this misconduct. Thomas signs out and conducts OSI operation.

Yes Yes Yes
3/4 Claxton sexually assaults [Victim’s Name Redacted] . [Victim’s Name Redacted] decides to make “restricted report.” YES NOXX
zzz3/4 OSI opens investigation after being informed that multiple cadets have used marijuana, synthetic marijuana, Ketamine and Rohypnol. Investigation involves over 30 cadets. Yes Yes N/A
3/5 [Victim’s Name Redacted] makes restricted report to SARC. Thus, no investigation. NO YesXX
3/8 Meeting with Special Agent Munson. Thomas explained Claxton incident.  No action taken because of restricted report, no investigation. Munson directs/levies Thomas to closely monitor/track Claxton UNKNOWN YesXX
8/4 Met Special Agent “Joe.” Thomas was asked for any information by “Joe.” Thomas had none to report. Thomas is instructed to continue Claxton directives and to call OSI with any information. NO YesXX
8/13 Thomas signed out according to the CSP. Continued prior directives, followed Claxton. No incidents Yes YESXX
9/10 Signed out according to the CSP. Thomas continued under prior directives, followed Claxton. No incidents occurred/to report. Yes YESXX
11/4/11 Second Sexual Assault attack by Claxton was prevented by Thomas.

 

Did not receive demerits at the time of the incident. Signed out and prevented the sexual assault of [Victim’s Name Redacted]. Thomas would not have received demerits for this incident if he had not provided my written statement or been directed/tasked by OSI. OSI Related Demerits 70

Actual Career Demerits 125

Total Demerits324
NO YesXX
11/4 Provided Claxton statement (only concerning the events of 11/4) and [Victim’s Name Redacted], (not March 2011 incident regarding [Victim’s Name Redacted]) to USAF Security Force. NO YesXX
11/5/11 Signed out according to the CSP. Drove sexual assault victim, [Victim’s Name Redacted] home from the hospital Yes YESXX
11/11 OSI requested meeting with Thomas. Thomas signed out according to CSP. Thomas had his first meeting with Special Agent Enos. Thomas provided a written statement concerning Claxton and the 11/4 incident. Thomas provided information on the Asher Clark incident of February 2011. Thomas was directed/levied for multiple targets of investigation. NO YesXX
11/24 After learning about [Victim’s Name Redacted], [Victim’s Name Redacted] requests her sexual assault report be “unrestricted” to allow an investigation NO YesXX
11/28 Thomas requested meeting with Special Agent Enos. Thomas signed out according to the CSP.  Thomas provides information about the March 2011 incident concerning [Victim’s Name Redacted] and Claxton. No Yesxx
11/28 Thomas’ documented involvement w/OSI date confirmed by OSI No Yesxx
11/30 Thomas informs Special Agent Enos of upcoming cadet party on 12/2/11. Thomas is directed to attend the party. No No/Yes
12/2 Thomas signs out according to CSP. Thomas has a pre-briefing w/Special Agent Enos concerning “roofies” party. Thomas is directed/levied to continue gathering information on multiple targets. Yes Yesxx
12/3 Thomas signs out according to the CSP. Thomas provides information concerning “roofies” party.  Thomas rewrites Claxton statement, as directed, to include both the 11/4 and 3/4/11 incident son single document. Thomas is directed/levied to watch multiple targets. No Yes
zzzzzzzzzInitiation of Operation Gridiron – 3/4 – 12/11
zzz 12/7/11 Key date of discussion: According to USAFA leadership and various investigative reports, 12/7/11 is the date of OSI engagement.

Thomas signs out according to the CSP. Signed second Declaration of Agreement and second Security Documentation.

Yes No No
xxx12/9 CS- 34, AOC, Maj Granistosky requests Thomas’ written testimony from OSI. This jeopordizes Claxton investigation. Granistosky uses Thomas’ written testimony for OSI against him. Does not discuss Does not discuss Yes
zzz 12/10 12/1 Thomas is directed to conduct operation involving Beau Riebe and marijuana. Thomas signs out according to CSP. Yes Yes Yes
zzz12/10/11 Part of Form-10 “Discipline form.”

Thomas did not receive demerits at the time of this misconduct. Thomas signed out and conducted OSI operation.

110 Demerits
Career Demerits: 125
Total Demerits: 434
xxxx12/13 Thomas administered polygraph test. Thomas successfully passes. In test, Thomas states, “I have not told anyone about OSI.”

Thomas did not receive demerits at the time of this misconduct. Thomas signs out and conducts OSI operation.

Yes Yes Yes
1/3/12 Special Agent Enos and OSI directs Thomas to stop signing out for OSI related operations. Does not discuss No N/A
1/4/12 Not Cleaning Room 4 Demerits
Career Demerits: 129
Total Demerits: 438
Yes Yes N/A
1/9 Maj. Granistosky requests Thomas’ written statement provided to OSI. Does not discuss Yes Yes
12/16 Using Thomas’ written statement for OSI, Maj Granistosky initiates a SCRB Yes Yes Yes
17 Jan 12 Special Agent Enos informs Thomas that he will be given a Hearing Officer and directed not to discuss OSI involvement at SCRB or GRB. Yes No N/A
1/19 SCRB Conducted. There is no discussion of OSI during SCRB. No Yes N/A
23 Jan 12 GRB Conducted. There is no discussion of OSI during GRB No Yes N/A
24 Jan 12 Form 10 – For multiple events from 3/11, 11/11, and multiple OTF’s Cumulative Total 309 demerits/176 confinements/99 tours.

Date in which total demerits concerning OSI and the Claxton case are formally given.

1/24: 309 Demerits
Career Demerits: 129
Total Demerits: 438
No Yes N/A
1/31 Air Officer Commander (AOC) issues Letter of Reprimand to Thomas. Yes Yes N/A
4/13 Thomas was provided ”Immunity documentation” from Superintendent, Lt. Gen Gould:
“…Under this immunity, your testimony and statements, as well as information directly or indirectly derived therefrom, may not be used against you in a later trial by court-martial…”
No Yes N/A
5/8 Form 10 – Late to Cadet Quarters shift 5/8: 20 Demerits
Career Demerits: 149
Total Demerits: 458
Yes Yes N/A
8 May 12 Thomas receives no more “negative Form 10’s” after 8 May 2012. Therefore, he receives no more demerits. Career Demerits: 149

 Total Demerits: 458

No Yes Yes
6/1 Lt. Col Gryzen obtains Thomas from class and directs him to the OSI office. Thomas contacted and met with Special Agent Enos and conducted an OSI operation. Yes No N/A
6/18 Claxton Court Martial Convened Yes Yes Yes
6/26 Thomas is unaware, and was not informed of or received documentation concerning “new O-299” Yes No N/A
6/5 O-299 CG-4CC Concurs with disenrollment by signing O-299 No Yes N/A
7/20 O-299 Vice Commandant of Cadet signed sending case to Military Review Committee (MRC) No Yes N/A
6/23 On or about this date, Special Agent Enos and Thomas are told there would be a MRC No Yes N/A
8/5 Thomas requested that Ms. Curnell (coordinator in Commander’s office for MCR actions) speak with OSI and Special Agent Enos to attend the MRC Yes Yes N/A
8/7 Special Agent Enos states, “Your AOC despises you and assumes you will be kicked out because of his scrub comments.” Does not discuss Does not discuss N/A
8/8 Special Agent Enos states: “Me and SA Crist talked about this (the MRC). Our commander is a terrible public speaker and he does not know you. I am a better public speaker and know you very well.” No Yes No
8/28 Special Agent Enos states: ”You will be moved to another squadron. Say you want to graduate more than anything and you have made mistakes that you learned from. You can tell them you have assisted OSI but cannot elaborate. They can call me with any questions during the MRC. I hope you don’t feel like I worked you until you can’t work anymore.” Does not discuss Yes N/A
8/28 Special Agent Enos confirms he will attend the MRC, “I will come in and speak on your behalf about Claxton tomorrow”. No Yes Yes
9/21 Special Agent Enos informs Thomas that he is out of the country and to call OSI for any questions/concerns Yes No Yes
9/24 First FOIA request made for all documentation concerning Thomas’ engagement with OSI. Government fails to respond. Yes No No
10/3 Thomas’ mother sends an email to OSI Public Affairs, attention of Ms. Linda Card. Mother seeks an audience with OSI together with USAFA leadership. No Does not discuss N/A
10/7 Thomas requests OSI documents from Special Agent Enos to provide to his chain of command. Special Agent Enos fails to respond. Yes No N/A
10/11 Thomas makes a last attempt to speak with Special Agent Enos via text/phone call. Special Agent Enos does not response. All communication with Special Agent Enos ends prior to disenrollment. No No Yes
3/13 Thomas goes to Inspector General’s Office (IGO) to make an IGO complaint and/or Congressional Inquiry. Thomas is told that he would need more documentation to for my allegations concerning OSI and USAFA leadership. Yes No Yes
3/7 Thomas’ mother meets with Col. Anderson, and requests his involvement concerning OSI and squadron concerns Does not discuss Does not discuss N/A
3/10 Thomas emails Col. Anderson briefly explaining the connection of OSI and the misconduct. He requests Anderson’s assistance concerning squadron matters and an audience with OSI. Does not discuss Yes N/A
3/10 Thomas emails Col. Anderson and provides him with Thomas’ squadrons “CS-34 MFR” plea for assistance from USAFA leadership. Yes No Yes
3/13 Thomas emails Lt. Col. Tilo requesting him to attend the meeting between USAFA/OSI permanent party. Thomas requests additional meeting with him/counsel/USAFA and requested OSI documentation. Thomas receives no response. No Yes Yes
3/13 Lt. Col. Gryzen orders he and Thomas meet concerning the email and MFR for Col. Anderson. Lt. Col. Gryzen orders an apology to Col. Anderson and “mutinous” behavior. Yes No N/A
3/21 Thomas goes to IGO’s on Academy grounds. Thomas makes official IGO complaint concerning OSI and USAFA leadership. No Does not discuss Yes
3/22 Thomas files second FOIA request for all documentation to include but not limited to Special Agent Munson/Special Agent Enos, Declaration of Agreement, Security Documentation, Claxton 2011-2012 statements, Asher Clark 2011 and Suzie Bischopps 2010 statements Thomas is mysteriously not provided proof of OSI engagement after a second official request for records prior to disenrollment. No Does not discuss Yes
8 Apr 13 During disenrollment, Thomas desperately requests to speak with the Supt. Lt. Gen. Gould to discuss/explain the connection of OSI and misconduct. The request was denied. Thomas was denied any request to meet for disenrollment. Thomas was advised of this by a non-commissioned officer. Yes No No
4/8 Thomas is disenrolled from the USAF Academy Yes Yes Yes
4/8 A Sexual Assault victim provides witness documentation concerning the incident with Claxton on March 2011 to assist reversal of Thomas’ disenrollment No Yes No
4/16 Thomas follows up with IG complaint of 3/21/2013. Thomas completes second IGO complaint to include a Congressional Inquiry, includes fact that he was not able to meet with Lt. Gen. Gould and receive OSI documentation. Yes No Does not discuss
1 Jun 12 Special Agent Enos claims that he begins to experience retaliation from Lt. Col. Tilo as a result of the Congressional Inquiry No No Yes
6/5 Thomas receives Congressional response: “On April 23, 2013, AFOSI leaned that responsive records were located at the Washington National Records Center (WNRC) at Suitland, Maryland.” Yes No Does not discuss
6/5 Congressional response reads: “At no time did AFOSI direct or influence Cadet Thomas to break any rules or policies of the Air Force Academy.” Thomas finally received partial documentation to include but not limited to OSI Source Meet Reports. They disprove claim that Thomas was not directed to “break any rules or policies of the Air Force Academy.” No Yes Yes
7/11 Thomas receives additional OSI documentation via Congressional request. Only now would does Thomas have in his possession any type of substantial documentation from OSI to provide for USAFA leadership Yes No Yes
6/16 Thomas files third FOIA request for all documentation to include but not limited to Special Agent Munson/Special Agent Enos Declaration of Agreement, Security Documentation, Claxton 2011-2012 statements, Asher Clark 2011 and Suzie Bischopps 2010 No Yes Yes
7/15 Thomas begins to tell his story to writer at the Colorado Springs Gazette N/A N/A N/A
9/27 Cadet Thomas discharged from the Air Force Yes Yes Yes
12/1 Colorado Springs Gazette release first article: “Honor and Deception” N/A N/A N/A
12/5 USAFA responds to article. According to experts, “Displays and states minimal understanding of “CI program.” USAF claimed the OSI program and all relevant information did not exist. Yes No Yes
12/19 USAFA Supt. Lt Gen. Michelle Johnson orders IGO inquiry.

Denies any involvement and connection between OSI and disenrollment.

No No Yes
2/20 The February IG Report is released. Falsely claims Thomas’ involvement with OSI began 12/7/2011. Yes No No
5/1 Thomas begins working with Sen. Kristen Gillibrand’s office. Yes Does not discuss Yes
5/27 Special Agent Enos provides “MFR for Congress.” USAFA did not know this information prior to disenrollment or later media productions. Begins to escalate and draw national attention. Yes Yes Yes
8/1 Colorado Springs Gazette: Between the Lines article reveals 2/3 party concerning the use of “Roofies, marijuana and other illicit drugs. This article provides the USAFA the first understanding and acknowledgment, publicly, of my engagement with OSI. USAFA leadership did not correctly understand the depth and magnitude of the discussed story and its engagement/connection with OSI prior to disenrollment or this article. No Yes Yes
8/3 Because of the Colorado Springs Gazette: Between the Lines article USAFA Supt. Lt. Gen. Johnson initiates an investigation into the USAF Athletic Department. No No Yes
8/9 NY Times publishes: Informant Debate Renewed as Air Force Revisits Cadet Misconduct Yes Yes Yes
8/20 As NY Times article indicates, Sen. Gillibrand and Sen. Thune sign a bi-partisan letter for investigation of Thomas’ case. Yes Does not discuss Yes
11/5 ESPN airs E:60 “Operation Gridiron” Does not discuss Does not discuss Yes
11/29 ABC’s Nightline releases Operation Gridiron Does not discuss Does not discuss Yes
2/10/2015 Thomas interview with DoD OIG investigator, Ms. Erika Westry, in Wasington, DC. N/A Does not discuss Yes
3/11 Claxton Dubay Hearing Does not discuss Yes Yes
3/12 OSI testimony during Dubay Hearing Does not discuss Does not discuss Yes
3/13 Special Agent Enos and Thomas requests an audience from USAFA leadership. Request was denied. No Yes Yes
3/14 Colorado Springs Gazette states: “Testimony revealed that former Cadet Eric Thomas may have signed initial paperwork to become a confidential informant months earlier than Academy officals have admitted and that OSI officials may have lied to top Academy brass about the nature of Thomas’ work.” The Colorado Springs Gazette report begins the exposure of erroneous information and action taken by USAFA and OSI leadership leading up to disenrollment. No Yes Yes
3/14 Colorado Springs Gazette releases article: Hearing Testimony Reveals Subterfuge Of Air Force Academy Informant Program No Yes Yes
4/8 Package is provided to BCMR No Yes No