Marine Faces Disciplinary Action For Accepting Gift

[fontman]

Local10.com
UPDATED: 8:07 am EDT March 28, 2008

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 receiving a gift from a local businessman.

First 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 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 Allure owner had even more plans in store for them.

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

Gonzalez told them to reach in a bag and pick a prize. Barnes reached in and pulled out several $100 bills, which ended up totaling a $10,000 prize.

Barnes and his wife used the money to pay off some bills and to cover the funeral costs for Barnes' father, who died last year.

But no one told Barnes that taking the money was against policy. A few weeks ago, he learned he was under investigation for violating policy on the acceptance of gifts. He was relieved of duty Wednesday, pending the outcome of the investigation.

The Marine Corps has policies on gift giving, and the rules vary depending on a Marine's rank and assignment, but Barnes said he wasn't aware that accepting the gift was illegal.

"For 18 years he has an outstanding record," Tammy Barnes told Local 10. "He's never done anything wrong. Had he known that it was wrong, he would never have taken it."

Gonzalez said he notified the Marine Corps in advance about the gift the Marines were going to receive.

"It was my company who actually gave up their bonuses to actually donate the money, so it wasn't me as an individual," Gonzalez told Local 10. "It was the company that did it."

Barnes has served three tours of duty in Iraq and received a bronze star. His wife said she couldn't believe it's now all on the line.

"I'm very angry," Tammy Barnes said. "I'm very angry."

Gonzalez said he thought it was the right thing to do.

"I think it's just a tragedy," Gonzalez said. "I think that what they've gone through is enough. I'm outraged."

What is our beloved Corps becoming with bull**** charges such as this???

[CHOPPER7199]

I All Can Say Is "wtf" Hope The Corps Thinks About This. Keep Us Posted Fontman

[Twitchell]

Wow! I don't even know what to say about that.

[jrhd97]

All I can do is shake my head, un freaken real.

[hrscowboy]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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!