In The Case of Eric Thomas

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
DateEventBackgroundDoD OIG Report:BCMR Findings:UCMJ Court of Appeals
10/15/10Divide Incident10/15: 20 Demerits
Career Demerits: 90
10/22/10First 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.” NoYesYes
11/3/10Provided written statement to Special Agent Munson NoUNKNOWNYes
11/15/10Thomas is formally removed from conduct probation YesYesN/A
3/4/11Claxton Sexually Assaults Victim3/4/11: 129 Demerits
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.Without accurate knowledge of OSI, Claxton and sexual assault incident.
Total Demerits: 219With accurate knowledge of OSI directives/tasks, Claxton and sexual assault factors: Career Demerits: 90
Total Demerits: 219
NoYesN/A
4/10/11Form 10 – Smoking Hookah4/5/11: 30 Demerits
With accurate knowledge of OSI, Claxton and sexual assault incident: Career Demerits:120
Total Demerits: 249
YesYesN/A
11/3/11Failure to clean room5 Demerits
With accurate knowledge of OSI, Claxton and sexual assault incident: Career Demerits: 125
Total Demerits: 254
YesYesN/A
In the matter of Eric Thomas as a CI — Oct 2010 – Aug 2012DoD OIG Report:BCMR Report:UCMJ Court of Criminal Appeals
10/29/10Thomas 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 OSIThis was denied/not acknowledged by DoD OIG Report.NoUNKNOWNYes
2/1/ 11On 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. UNKNOWNUNKNOWNN/A
3/4/11Claxton sexually assaults [Victim’s Name Redacted] . [Victim’s Name Redacted] decides to make “restricted report.” YesNoYes
3/5/11[Victim’s Name Redacted] makes restricted report to SARC. Thus, no investigation. UNKNOWNUNKNOWNYes
3/8/11Meeting 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 NoUNKNOWNYes
8/4/11Met 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. NoUNKNOWNYes
8/13/11Thomas signed out according to the CSP. Continued prior directives, followed Claxton. No incidents YesYesN/A
10 Sep 11Signed out according to the CSP. Thomas continued under prior directives, followed Claxton. No incidents occurred/to report. YesYesN/A
11/4/11Second Sexual Assault attack by Claxton was prevented by Thomas70 Demerits
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.With accurate knowledge of OSI, Claxton and sexual assault incident: Career Demerits:125
Total Demerits: 324
NoYesYes
11/4/11Provided 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. NoYesYes
11/5/11Signed out according to the CSP. Drove sexual assault victim, [Victim’s Name Redacted] home from the hospital YesYesN/A
11/11/11OSI 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. NoYesYes
11/24/11After learning about [Victim’s Name Redacted], [Victim’s Name Redacted] requests her sexual assault report be “unrestricted” to allow an investigation NoYesYes
11/28/11Thomas requested meeting with Special Agent Enos. Thomas signed out according to the CSP. Thomas provide information about the March 2011 incident concerning [Victim’s Name Redacted] and Claxton. NoYesYes
11/28/11Thomas’ documented involvement w/OSI date confirmed by OSI NoYesYes
11/30/11Thomas informs Special Agent Enos of upcoming cadet party on 12/2/11. Thomas is directed to attend the party. NoNo/YesYes
12/2/11Thomas 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. YesYesN/A
12/3/11Thomas 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 NoYesYes
Initiation of Operation Gridiron – 3/4 – 12/11
3/4OSI opens investigation after being informed that multiple cadets have used marijuana, synthetic marijuana, Ketamine and Rohypnol. Investigation involves over 30 cadets. YesYesN/A
12/7/11Thomas signs out according to the CSP. Signed second Declaration of Agreement and second Security Documentation.Key date of discussion: According to USAFA leadership and various investigative reports, 12/7/11 is the date of OSI engagement.YesNoNo
9 Dec 11CS- 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 discussDoes not discussYes
12/10/1112/1 Thomas is directed to conduct operation involving Beau Riebe and marijuana. Thomas signs out according to CSP. YesYesYes
12/10/11Part of Form-10 “Discipline form”110 Demerits
Thomas did not receive demerits at the time of this misconduct. Thomas signed out and conducted OSI operation.With accurate knowledge of OSI, Claxton and sexual assault incident: Career Demerits: 125
Total Demerits: 434
12/13Thomas 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.YesYesYes
1/3/12Special Agent Enos and OSI directs Thomas to stop signing out for OSI related operations. Does not discussNoN/A
1/4/12Not Cleaning Room4 Demerits
With accurate knowledge of OSI, Claxton and sexual assault incident: Career Demerits: 129
Total Demerits: 438
YesYesN/A
1/9Maj. Granistosky requests Thomas’ written statement provided to OSI. Does not discussYesYes
12/16Using Thomas’ written statement for OSI, Maj Granistosky initiates a SCRB YesYesYes
17 Jan 12Special Agent Enos informs Thomas that he will be given a Hearing Officer and directed not to discuss OSI involvement at SCRB or GRB. YesNoN/A
1/19SCRB Conducted. There is no discussion of OSI during SCRB. NoYesN/A
23 Jan 12GRB Conducted. There is no discussion of OSI during GRB NoYesN/A
24 Jan 12Form 10 – For multiple events from 3/11, 11/11, and multiple OTF’s Cumulative Total 309 demerits/176 confinements/99 tours1/24: 309 Demerits
Date in which total demerits concerning OSI and the Claxton case are formally given.
With accurate knowledge of OSI, Claxton and sexual assault incident: Career Demerits: 129
Total Demerits: 438
NoYesN/A
1/31Air Officer Commander (AOC) issues Letter of Reprimand to Thomas. YesYesN/A
4/13Thomas 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…”
NoYesN/A
5/8Form 10 – Late to Cadet Quarters shift5/8: 20 Demerits
With accurate knowledge of OSI, Claxton and sexual assault incident: Career Demerits: 149
Total Demerits: 458
YesYesN/A
8 May 12Thomas receives no more “negative Form 10’s” after 8 May 2012. Therefore, he receives no more demerits.With accurate knowledge and connection of misconduct with OSI, Claxton and sexual assault incident: Career Demerits: 149

Without accurate knowledge and connection of misconduct with OSI, Claxton and sexual assault incident: Total Demerits: 458

NoYesYes
6/1Lt. 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. YesNoN/A
6/18Claxton Court Martial Convened YesYesYes
6/26Thomas is unaware, and was not informed of or received documentation concerning “new O-299” YesNoN/A
6/5O-299 CG-4CC Concurs with disenrollment by signing O-299 NoYesN/A
7/20O-299 Vice Commandant of Cadet signed sending case to Military Review Committee (MRC) NoYesN/A
6/23On or about this date, Special Agent Enos and Thomas are told there would be a MRC NoYesN/A
8/5Thomas requested that Ms. Curnell (coordinator in Commander’s office for MCR actions) speak with OSI and Special Agent Enos to attend the MRC YesYesN/A
8/7Special Agent Enos states, “Your AOC despises you and assumes you will be kicked out because of his scrub comments.” Does not discussDoes not discussN/A
8/8Special 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.” NoYesNo
8/28Special 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 discussYesN/A
8/28Special Agent Enos confirms he will attend the MRC, “I will come in and speak on your behalf about Claxton tomorrow”. NoYesYes
9/21Special Agent Enos informs Thomas that he is out of the country and to call OSI for any questions/concerns YesNoYes
9/24First FOIA request made for all documentation concerning Thomas’ engagement with OSI. Government fails to respond. YesNoNo
10/3Thomas’ mother sends an email to OSI Public Affairs, attention of Ms. Linda Card. Mother seeks an audience with OSI together with USAFA leadership. NoDoes not discussN/A
10/7Thomas requests OSI documents from Special Agent Enos to provide to his chain of command. Special Agent Enos fails to respond. YesNoN/A
10/11Thomas 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. NoNoYes
3/13Thomas 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. YesNoYes
3/7Thomas’ mother meets with Col. Anderson, and requests his involvement concerning OSI and squadron concerns Does not discussDoes not discussN/A
3/10Thomas 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 discussYesN/A
3/10Thomas emails Col. Anderson and provides him with Thomas’ squadrons “CS-34 MFR” plea for assistance from USAFA leadership. YesNoYes
3/13Thomas 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. NoYesYes
3/13Lt. 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. YesNoN/A
3/21Thomas goes to IGO’s on Academy grounds. Thomas makes official IGO complaint concerning OSI and USAFA leadership. NoDoes not discussYes
3/22Thomas 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 statementsThomas is mysteriously not provided proof of OSI engagement after a second official request for records prior to disenrollment.NoDoes not discussYes
8 Apr 13During 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.YesNoNo
4/8Thomas is disenrolled from the USAF Academy YesYesYes
4/8A Sexual Assault victim provides witness documentation concerning the incident with Claxton on March 2011 to assist reversal of Thomas’ disenrollment NoYesNo
4/16Thomas 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. YesNoDoes not discuss
1 Jun 12Special Agent Enos claims that he begins to experience retaliation from Lt. Col. Tilo as a result of the Congressional Inquiry NoNoYes
6/5Thomas receives Congressional response: “On April 23, 2013, AFOSI leaned that responsive records were located at the Washington National Records Center (WNRC) at Suitland, Maryland.” YesNoDoes not discuss
6/5Congressional 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.”NoYesYes
7/11Thomas 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 leadershipYesNoYes
6/16Thomas 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 NoYesYes
7/15Thomas begins to tell his story to writer at the Colorado Springs Gazette N/AN/AN/A
9/27Cadet Thomas discharged from the Air Force YesYesYes
12/1Colorado Springs Gazette release first article: “Honor and Deception” N/AN/AN/A
12/5USAFA 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.YesNoYes
12/19USAFA Supt. Lt Gen. Michelle Johnson orders IGO inquiry.

Denies any involvement and connection between OSI and disenrollment.


NoNoYes
2/20The February IG Report is released.Falsely claims Thomas’ involvement with OSI began 12/7/2011.YesNoNo
5/1Thomas begins working with Sen. Kristen Gillibrand’s office. YesDoes not discussYes
5/27Special 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.YesYesYes
8/1Colorado 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.NoYesYes
8/3Because of the Colorado Springs Gazette: Between the Lines article USAFA Supt. Lt. Gen. Johnson initiates an investigation into the USAF Athletic Department. NoNoYes
8/9NY Times publishes: Informant Debate Renewed as Air Force Revisits Cadet Misconduct YesYesYes
8/20As NY Times article indicates, Sen. Gillibrand and Sen. Thune sign a bi-partisan letter for investigation of Thomas’ case. YesDoes not discussYes
11/5ESPN airs E:60 “Operation Gridiron” Does not discussDoes not discussYes
11/29ABC’s Nightline releases Operation Gridiron Does not discussDoes not discussYes
2/10/2015Thomas interview with DoD OIG investigator, Ms. Erika Westry, in Wasington, DC. N/ADoes not discussYes
3/11Claxton Dubay Hearing Does not discussYesYes
3/12OSI testimony during Dubay Hearing Does not discussDoes not discussYes
3/13Special Agent Enos and Thomas requests an audience from USAFA leadership. Request was denied. NoYesYes
3/14Colorado 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.NoYesYes
3/14Colorado Springs Gazette releases article: Hearing Testimony Reveals Subterfuge Of Air Force Academy Informant Program NoYesYes
4/8Package is provided to BCMR NoYesNo