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View Full Version : Marine Faces Disciplinary Action For Accepting Gift



fontman
03-30-08, 05:48 PM
Local10.com <br />
UPDATED: 8:07 am EDT March 28, 2008 <br />
<br />
HIALEAH, Fla. -- A Marine who served 18 years in the United States Marine Corps has been relieved of duty and could face court-martial after...

CHOPPER7199
03-30-08, 06:02 PM
I All Can Say Is "wtf" Hope The Corps Thinks About This. Keep Us Posted Fontman

Twitchell
03-30-08, 06:03 PM
Wow! I don't even know what to say about that.

jrhd97
03-30-08, 07:31 PM
All I can do is shake my head, un freaken real.

hrscowboy
03-30-08, 09:31 PM
You all know damn well you are not to accept anything from anyone unless its from your Company Commander I dont know how many times we where told not to speak with anyone about the Marine Corps and our Goings on even when we were on liberty and accept nothing from anyone. Our own Drill instructors used to beat that into our heads in Bootcamp. But I guess the youngins arent told that anymore..

SgtHopperUSMC
03-31-08, 02:41 AM
We couldnt get the bonus offered by the Saudi Government after Desert Storm. I didn't mind though. I wasnt fighting for the money.

MarineNCO
03-31-08, 05:14 AM
I know I have been told on several occassions that we can not accept gifts over a certain dollar amount. I am not sure what that dollar amount is but it isn't that high. Perhaps someone picking up your check at dinner. Maybe someone buying a drink at a bar for you. But much past that and you don't really want to accept it. Just so you know. Here is something that may or may not help:



A. Basic Punitive Prohibition on Gifts from Outside Sources. An employee shall not solicit or accept, directly or indirectly, a gift from a prohibited source or given because of the employee's official position. 5 C.F.R. § 2635.202(a).




a. Gifts Based on a Personal Relationship. Gifts motivated by a personal relationship, such as a family relationship or personal friendship, rather than the position of the employee. Relevant factors to consider in making the determination include history of the relationship and whether the family member or friend personally pays for the gift;
With all of that being said. It could be argued that the 1st Sgt received the gift due to his employment in the USMC (which the Civilian did state was the reason for the gift) or it could do with personal friendship. It is really hard to say. In any case I think it is BS.

Kegler300
03-31-08, 06:00 AM
The policy on acceptance of gifts has been around for at least 20 years. The first sergeant should have been aware of this policy, or least should have questioned the policy and done some research.

OB MSG
03-31-08, 08:10 AM
The Master Guns is correct. When I was on MSG Duty and went to events we made sure we didn't accept anything from anyone that could be construed as a gift. The 1stSGT should have been aware, BUT if the Corps want to do something, then chew his butt, make him stand tall on the carpet and give the money back. If this goes any further than that it will be overkill and idiotic.

Just my two-cents for the morning.

UsmcMotorT
03-31-08, 08:39 AM
But didnt the guy said he informed the Corps about the award he was going to give away, how come it wasnt nipped in the bud then?

jrhd97
03-31-08, 09:31 AM
But didnt the guy said he informed the Corps about the award he was going to give away, how come it wasnt nipped in the bud then?
Toward the end of the story it states that Gonzalez notified the Marine Corps in advance.
My sentiments exactly. Why didn't this get nipped in the bud before the Marines boarded the yacht?
Can Gonzalez cough up the name of the Marine he spoke to when he informed the Corps of his intents?
Did this Marine inform Gonzalez that the Marines in question were prohibited from receiving gifts? and did he decide to do it any way?

MarineNCO
03-31-08, 10:22 AM
Toward the end of the story it states that Gonzalez notified the Marine Corps in advance.
My sentiments exactly. Why didn't this get nipped in the bud before the Marines boarded the yacht?
Can Gonzalez cough up the name of the Marine he spoke to when he informed the Corps of his intents?
Did this Marine inform Gonzalez that the Marines in question were prohibited from receiving gifts? and did he decide to do it any way?

These are all questions I am sure we will be anxiously awaiting an answer on.

montana
03-31-08, 10:38 AM
gee thats to bad,... i was just going to give each one of you a $100,000 gift.
sure lat i read this first

maverickmarine
03-31-08, 11:36 AM
We couldnt get the bonus offered by the Saudi Government after Desert Storm. I didn't mind though. I wasnt fighting for the money.


Yeah, I try not to think about that. It still would've been a nice bonus to have.

Yeah, not accepting gifts is a well known deal that is drilled into to us from the start. Hell, even in my civilian public safety job the same rule applies.

However, I would hate to see a good Marine that is close to retirement get burned for that.

Twitchell
03-31-08, 03:53 PM
Yea it's the same in Firefighting to. It will just suck if his career ends over this.
I guess that just goes to show even after 18 years, it only takes once. Fair or not, it's not the first time I've heard of something like this.
Even with my dad on the Highway Patrol. He made it 18 years as an outstanding trooper, and they forced him to resighn because his girlfriend that was living with us at the time, was bounceing bad checks for 1 month. Needless to say they did'nt even get married, they split a month later.
Figures!

thedrifter
04-02-08, 06:32 AM
Marine Cleared Of Wrongdoing After Accepting Cash Gift
Local Businessman Gives Soldier $10,000 Cash

POSTED: 7:38 pm EDT April 1, 2008

HIALEAH, Fla. -- A South Florida Marine who faced court martial for receiving a gift at a holiday party has been cleared of wrongdoing and reinstated by the Marine Corps.

1st Sgt. William Barnes and his wife, Tammie, were guests aboard a luxury yacht last December. South Florida businessman Tom Gonzalez and Local 10’s Care Force invited Barnes and three other Marines for an evening of dinner and dancing to show appreciation for their service.

Gonzalez said he wanted to do something fun for the Marines. "I think they contribute so much to our country and our freedom and for

us it feels good," Gonzalez said at the event.


Barnes and the other Marines had no idea that in addition to being guests on a $35 million yacht, the boat's owner had an even bigger gift in store.

After a gourmet dinner and dancing under the stars, Gonzalez and his wife, Kimberly, invited the Marines to the main deck for a final surprise.

Gonzalez told the Marines to reach into a bag and pull out a prize. Barnes reached in and pulled out $10,000 in cash.

"It was a gift. How can it be illegal? How can it be wrong?" said Tammie Barnes. "Someone gave you a gift out of the generosity of their heart. How could that be wrong?"

The Barnes family used the money to pay off bills, and to cover the funeral costs for the sergeant's father, who died last year.

A few weeks ago, the Marine Corps informed Barnes he was under investigation for violating policy on the acceptance of gifts. Last week, Barnes was relieved of duty, pending the outcome of the investigation, which could have ended in court martial.

The Marine Corps has policies on gift giving, and the rules vary depending on a Marine's rank and assignment. Barnes said he was never told accepting the gift was improper or illegal.

After Local 10 first reported the story, Barnes' situation generated surprise and outrage across the country and overseas. Sen. Bill Nelson, a Democrat from Florida, called the Marine Corps' decision to relieve Barnes of duty "an egregious abuse of excessive disciplinary powers," and promised to take action behalf of the soldier.

The Marine Corps said Tuesday its investigation is complete, and the Marine has been cleared of all wrongdoing, as have the other Marines who received gifts last December.

The Marine Corps statement, released to Local 10, stated: "The legal review initiated by the 4th Marine Division, Marine Forces Reserve, regarding the propriety of the gifts received by 1st Sgt. William Barnes and three other Marines last December at an appreciation event in South Florida is complete, finding no misconduct by Barnes or any of the other Marines involved. The 4th Marine Division reinstated Barnes to his former senior enlisted leadership position."

Tammie Barnes said she and her family are happy and relived, though she'd like the Marine Corps to apologize to her husband.

"It never should have gone this far," she told Local 10's Mark Joyella.

Ellie

nptwildcat
04-02-08, 07:30 AM
Another black eye. WTF? The Corps knew in advance. Someone
wants to say "thank you" and this is the outcome. Someone up
the chain of command needs to pull his head out of his arze!

Twitchell
04-02-08, 04:50 PM
Copy that....

jjm
04-03-08, 09:44 PM
GIFTS TO SERVICE MEMBERS AND THEIR FAMILIES FROM NON-FEDERAL SOURCES Introduction As a result of interest in supporting the war effort and our service members, as well as the call-up of Reservists and National Guard personnel, many individuals and organizations have offered gifts to the Department of Defense, military personnel and their families, and victims of war. This paper contains general guidance concerning the acceptance of such gifts. DoD personnel should consult legal counsel regarding specific issues relating to proposed gifts. The families of deceased DoD personnel, assuming they are not Federal personnel themselves, are not bound by these rules. Gifts to DoD Personnel and Their Families DoD personnel, including their families, may accept unsolicited gifts from non-Federal sources as long as: (1)Such gifts are not offered because of their official position, or (2)Such gifts are not offered by a “prohibited source” (any person who seeks official action from the employee’s agency, does or seeks to do business with his agency, conducts activities regulated by his agency, or has interests that may be substantially affected by the individual employee). If any of the above conditions exist, DoD personnel may not accept such gifts unless acceptance is allowed by regulation. Since there are many exemptions and exceptions, DoD personnel should consult their legal counsel or ethics officials prior to accepting such gifts. DoD personnel may not solicit gifts, even for other DoD personnel, unless the solicitation is part of an official fundraising program. Group Exceptions (DoD personnel may accept gifts offered in the following circumstances.) Gifts available to all uniformed military personnel, even if restricted on the basis of geographic location. (5 C.F.R. 2635.203(b)(4)) Gifts offered by non-prohibited sources to a group of personnel that does not distinguish on the basis of official responsibility or favor higher rank or rate of pay. Examples would include all members in a particular unit; all personnel who responded to a particular disaster; and all personnel injured in a particular disaster or event (such as the bombing of the U.S.S Cole, the attack on the Pentagon, the Iraq or Afghanistan theatre of operations). (5 C.F.R. 2635.204(c)(2)(iii)) Individual Exceptions Non-cash gifts of $20 or less from one source on any particular occasion, not to exceed $50 in a calendar year. (5 C.F.R. 2635.204(a)) Bona fide awards for meritorious public service offered by non-Federal entities, including prohibited sources, except for those whose interests may be substantially affected by the individual gift recipient. (5 C.F.R. 2635.204 (d)). Some awards may require written determinations by DoD ethics counselors. Monetary Gifts to DoD Personnel Monetary gifts intended for DoD personnel, including deployed service members and their families, should be made directly to private relief organizations that provide assistance to affected personnel. Donations made to charitable organizations with 501(c)(3) tax-exempt status are deductible for those who itemize deductions on their tax returns. Listed below are several relief organizations that provide support to service members and their families. This list may not be complete and does not constitute an endorsement of any particular organization. All of the organizations listed below qualify as charitable organizations in accordance with 26 U.S.C. 501(c)(3). As such, contributions to these funds may provide tax benefits as permitted by law for donors who itemize expenses for income tax reporting purposes. The Armed Forces Relief Trust Make check payable to: Armed Forces Relief Trust Send checks to: Armed Forces Relief Trust, Department 6055, Washington, DC 20042-6055 Internet web site: http:www.afrtrust.org The Army Emergency Relief (AER) Society Make check payable to: “Army Emergency Relief” Send checks to: AER, 200 Stovall Street, Alexandria, VA 22332-0600 Contact: Colonel Greg Mason at (703) 325-0463 Internet web site: http://www.aerhq.org The Navy & Marine Corps Relief Society Make check payable to: NMCRS Send checks to: 4015 Wilson Blvd, 10th Floor, Arlington, VA 22203 Contact: Mr. John Alexander at (703) 696-4904 Internet web site: http://www.nmcrs.org The Air Force Aid Society 1745 Jefferson Davis Highway, Suite 202 Arlington, VA 22202 Contact: (703) 607-3135 Internet web site: http://www.asaf.org Coast Guard Mutual Assistance Send checks to: 4200 Wilson Boulevard, Suite 610, Arlington, VA 22203-1804 Internet web site: www.cgmahq.org Contact: (202) 493-6622 The Federal Employee Education & Assistance Fund (FEEA), Littleton, CO Contact: 1-800-323-4140 or (303) 933-7580 Name of Fund: The Federal Employee Education & Assistance Fund Send checks to: FEEA Freedom Fund 8441 W. Bowles Avenue, Suite 200, Littleton, CO 80123-9501 Internet web site: http://www.feea.org Armed Services YMCA of the USA 6359 Walker Lane, Suite 200, Alexandria, VA 22310 Phone: 1-800-597-1260 or (703) 313-9600 FAX: (703) 313-9668 Internet web site: http://www.asymca.org/ American Red Cross Armed Forces Emergency Services PO Box 91820, Washington, DC 20090 Contact: 1-800-435-7669 Internet web site: www.redcross.org/services/afes/ United Service Organizations (USO) World Headquarters Make check payable to “The USO” Department WS. PO Box 96860, Washington, DC 20090-6860 Contact: 1-800-876-7469 Internet web site: http://www.uso.org Veterans of Foreign Wars Unmet Needs Program 406 W. 34th St. Suite 514 Kansas City, MO 64111 Contact: (816) 968-1102 Internet web site: www.vfw.org Special Exception for Gifts to Covered Injured or Ill DoD Service Members This special exception is not subject to the preceding rules and exceptions. Covered DoD service members, including their families, may accept unsolicited gifts from non-Federal sources as long as: (1)Gifts are not offered by foreign governments, (2)Gifts are not accepted in return for being influenced in the performance of official duties, (3)Gifts are not accepted in violation of any other statute (such as bribery and compensation from other sources for performing Federal duties), and (4)Gifts with an aggregate market value exceeding the minimal value ($305 in 2007) from one source on any particular occasion, or $1000 from one source in a calendar year have required agency ethics official written determination that: (a)The gift is not offered in a manner that discriminates among covered DoD employees on the basis of the type of official responsibility or of favoring those of higher rank or rate of pay; (b)The donor does not have interests that may be affected substantially by the performance or nonperformance of the covered DoD employee’s official duties; and (c)Acceptance would not cause a reasonable person with knowledge of the relevant facts to question the integrity of DoD programs or operations. An ethics official may issue a blanket determination to cover all or any category of gifts or all or any group of DoD covered employees. Covered DoD Service members are: a.Members of the Armed Forces (including Reserve, and National Guard members on Title 10 orders) on active duty, enlisted members of the Reserve on inactive duty for training, and all members of the National Guard performing official duties who b.While on active duty on or after September 11, 2001 incurred an illness or injury (a)as a direct result of armed conflict, (b)while engaged in hazardous service, (c)in the performance of duty under conditions simulating war (d)through an instrumentality of war; or (e)In an operation or area designated by the SecDef as a combat operation or combat zone. Gifts for Deployed Personnel Gifts for deployed personnel are discouraged since they overload the transportation and distribution systems and offer a threat of bio-terrorism to deployed personnel. DoD urges the public not to send unsolicited mail, care packages, or donations to service members unless they are family members or personal friends. On October 30, 2002, DoD suspended “Operation Dear Abby” and “Any Servicemember” mail programs because of the above concerns. In lieu of sending mail, the public may log on to the following websites to show support, to include greeting cards and virtual thank you cards. http://www.defendamerica.mil/support_troops.html (on-line thank you card for troops) http://www.usocares.org.hom.htm (contribute to the purchase of a care package of items requested by troops such as sunscreen, disposable cameras, prepared calling cards) http://www.army.mil/operations/iraq/faq.htm. http://anyservicemember.navy.mil (email message to deployed troops of any Service from your home state) ARCENT/CFLCC handles donations going to OEF/OIF. They coordinate all offers with Joint Command. The POC is Lewis Ingol; lewis.ingol@us.army.mil; (404) 464-4145 or 2945. Assistance to Families of Service Members Individuals, organizations, and businesses may offer time and resources to help families of deployed troops. Many opportunities are listed “On the Homefront” at www.usafreedomcorps.gov or “How You Can Help” at www.americasupportsyou.mil. Donors may support families of service members who are being treated at military and Veterans Affairs hospitals through donations to the Fisher House. Internet web site is http://www.fisherhouse.org, or telephone 1-888-294-8560. Donations may also be accepted by the Commanding Officers of military hospitals. In addition, many local service organizations are providing ways for volunteers to help local military families. Gifts to the Department of Defense Under 10 U.S.C. 2601, non-Federal entities may donate real or personal property and cash to the Secretaries of the Department of Defense and Military Departments for use by their respective departments. Until December 31, 2007 (longer if the authorizing statute is renewed), under 10 U.S.C. 2601(b), non-Federal entities may also donate real or personal property, cash, or services to the Secretaries of the Department of Defense and Military Departments to be used for the benefit of DoD personnel who incurred a wound, injury or illness while in the line of duty. Such personnel include members performing full-time National Guard duty under 32 U.S.C. 502(c). Dependents of such personnel and family members of such deceased personnel are also covered. Under 10 U.S.C. 2608, the Secretary of Defense also has the authority to accept gifts. However, 10 U.S.C. 2608 directs that cash contributions to the Secretary be placed in the Defense Cooperation Account, and DoD may spend the money only by a Congressional appropriation. Additionally, under 2608(e), the Secretary of Defense must submit a report to Congress, not later than 30 days after the end of each quarter of each fiscal year, listing contributions of property accepted by the Secretary during the previous quarter. Each report must include a description of all property valued at more than $1,000,000. DoD Points of Contact for the Acceptance of Gifts Property: Washington Headquarters Service (WHS) Real Estate and Facilities Directorate (Graphics and Presentations Department) Catherine Zickafoose, (703) 695-4266, Catherine.zickafoose@whs.mil or Danny Vaughn, danny.vaughn@whs.mil Pursuant to Volume 12, Chapter 3 of the DoD Financial Management Regulation, the Director of WHS may accept gifts of personal property and supplies made to the Office of the Secretary of Defense, WHS, or WHS-serviced organizations. Monetary Donations: Monetary donations to the Military Departments should be directed to the following offices: Army: OAA E-mail: Mr. Rodney Webb, (703) 602-2132; fax: (703) 602-1200; E-mail: rodney.webb@hqda.army.mil Army MWR: Mr. Gary Frankovich (703) 681-7453 or George T. McNamara (703)681-7418; george.mcnamara@fmwrc.army.mil Navy/Marine Corps: AAUSN/SPD, , Mr. David Neesen (703) 693-0975/0933; fax: (703) 693-1190; E-mail: david.neesen@navy.mil Navy MWR: Mr. David Neesen (703) 693-0975; david.neesen@navy.mil Marine MWR (MCCS): Mr. Tom Loughlin (703) 784-3007; Tom.loughlin@usmc-mccs.org Air Force: HQ USAF/JAA, Mr. Richard Peterson (703) 614-4075; fax (703) 614-2205; E-mail: Richard.Peterson@af.pentagon.mil Air Force MWR: Mr. All Sonnenburg, (210) 652-4945; allen.sonnenburg@randolph.af.mil DoD: DFAS, Indianapolis; Attn: DFAS Trust Fund Accounting Division, Column 203L; 8899 East 56th St.; Indianapolis, IN 46449-1500. Donations of Services Under 10 U.S.C. 2601(b), the Secretaries of the Military Departments (and the Secretary of Defense) may accept services for use for certain DoD personnel, see above. Authority expires on 12/31/07. Under 10 U.S.C. 1588, the Secretaries of the Military Departments (and the Secretary of Defense) may accept volunteer services that support members of the armed forces and their families in areas such as medical, dental, nursing or other health-care related services; family support, child development, and youth services programs; library and education programs; religious programs; housing referral programs; employment assistance programs for military spouses; legal assistance; and morale, welfare and recreation programs. Furthermore, pursuant to 10 U.S.C. 2608, the Secretary of Defense may accept services, but only from foreign governments and international organizations. Combined Federal Campaign Contributions All Federal employees may contribute to national and local organizations through their participation in the Combined Federal Campaign. Employees may designate their payroll deduction or make a cash/check contribution to the organization of their choice. G: socgc/1-steve/gifts to servicemembers 2007.doc Rev: 4/11/2007 11:45 PM

Chamorro
04-03-08, 10:48 PM
:thumbdown Did Mr Gonzalez's company gain any publicity or advertised the trip taken by 1stSgt Barnes? Who in the Corps did Mr Gonzalez notify? This whole thing stinks in ruining a man's career when it could have been avoided by a simple explanation on what all the trip entailed.