Taps for The Man Who Gave Me The Balboni Case, Ron Mathews

(CDR Ron Mathews, above, standing 3rd from the left. CCGD12(LegalDept)(Also standing are Diane Breithaup, CDR Jim Walker, LT Walter Brawand, LCDR L. Steverson, CDR Dick Peyser, YN2 Allen Donlen, YN1 Robert Stephens. Kneeling is YN1 Charlie Williams. Taken in 1981 at 630 Sansome St, SF, CA)

Ronald Scott Matthew
March 3, 1945-April 25, 2014

Ronald Scott Matthew of Bellevue, WA, died Friday, April 25, at home, at the age of 69.

Mr. Matthew was born March 3, 1945, in Berkeley, CA, the son of Norman Matthew and Anne Egli Matthew. He graduated from Hillsdale High School, in San Mateo, CA,  in 1963 and from the U.S. Coast Guard Academy in New London, CT,  in 1968. He served in the Coast Guard for 27 years as a legal officer, attaining the rank of Captain. He graduated from McGeorge School of Law in 1973 with a juris doctorate degree. He was known as an honest lawyer with the highest degree of integrity--not just in his legal dealings but in his entire approach to life.

He and his wife, Judith Place Matthew, were married September 25, 1982, in San Francisco. Their son, Allan, was born in June, 1984. Mr. Matthew’s Coast Guard career took him to many places, including Honolulu, HI; Juneau, AK; Washington D.C.; Long Beach, CA; San Francisco, CA; Governors Island, NY; back to D.C., and Seattle. The family moved to Bellevue in 1990. Mr. Matthew retired from the Coast Guard in 1995, and went on to work for the City of Bellevue in mediation and neighborhood outreach for 10 years.

Mr. Matthew loved his family, friends, and nature. During his years in California, he located and purchased 120 acres of land in the Sierra Nevada mountain range, property the family came to call Matthew Meadow. Mr. Matthew loved being a steward of these “delicious mountains”. Gatherings of family and friends there each summer were a highlight. He was generous, intelligent, and had a great sense of humor. He enjoyed photography and was known for the amazing digital photo albums he created, as well as an annual Christmas card featuring views from their deck taken on travels around the world. He also enjoyed hiking and model-making (especially lighthouse models).

Mr. Matthew lived by the creed capsulized in the poem “My Creed” by Edgar A. Guest, which reads in part, “To live undaunted, unafraid, Of any step that I have made; To be without pretense or sham, Exactly what men think I am.” He lived out the Coast Guard motto, “semper paratus”--always ready. Family and friends were awed by the strength and courage he showed during his 3-year battle with ALS.

He is survived by his wife, Judith, son and daughter-in-law Allan and Megan Matthew, mother, Anne Matthew, sisters Nancy Hain and husband Bill of Alna, ME, and Helen of Walnut Creek, CA.

The family thanks Ron’s dedicated caregiver, Mphatso Namwali, for the excellent care he provided. “Mr. Namwali always demonstrated compassion and superb skill in his care of Ron. We are very grateful to him,” they said.

A celebration of life will be held later, and his ashes will be spread at Matthew Meadow. Memorial contributions are suggested to Save the Redwoods League, 114 Sansome St. Suite 1200, San Francisco, CA 94104, www.savetheredwoods.org <http://www.savetheredwoods.org/>  or the ALS Association, Evergreen Chapter, http://www.alsa.org/ <http://www.alsa.org/>

"My Creed"
By Edgar A. Guest

To live as gently as I can,
To be, no matter where, a man,
To take what comes of good or ill,
and cling to faith and honor still,
to do my best and let that stand,
the record of my pen and hand,
And then, should failure come to me
Still work and hope for victory.

To have no secret place wherein
I stoop unseen to shame or sin;
To be the same when I'm alone
As when my every deed is known;
To live undaunted, unafraid
Of any step that I have made;
To be without pretense or sham
Exactly what men think I am.

To leave some simple mark behind
To keep my having lived in mind;
If enmity to aught I show
to be an honest, generous foe:
To play my little part, not whine
That greater honors are not mine.
this, I believe, is all I need
For my philosophy and creed."

Thinking Sexy Thoughts Will Not Be Tolerated

"Top Gun" Pilot Shot Down For Allowing Sexy Talk. 

Thinking a Congresswoman is attractive leads to disciplinary action if reduced to writing in an E-mail.

Loose Lips Sink Ships (In this case air ships). Sexually Explicit Speech Can Not Be Tolerated In This New Openly Gay Military.

Navy reassigns ex-Blue Angels commander after complaint he allowed sexual harassment.

SSgt Ryan Crane/US Air Force - Capt. Greg McWherter, right, then the Blue Angels flight leader, speaks with Col. Mike Hornitschek.

The Navy has reassigned a former commander of the Blue Angels, its acrobatic fighter squadron, and is investigating allegations that the elite team of pilots was a hotbed of hazing, sexual harassment and other forms of discrimination, documents show.
The Navy announced Friday that it had relieved Capt. Gregory McWherter, a two-time commander of the Blue Angels, of duty for alleged misconduct. At the time, the Navy did not describe the nature of the accusations or provide other details except to say that the case remained under investigation.

But an internal military document that a Navy official inadvertently e-mailed to a Washington Post editor states that a former member of the Blue Angels filed a complaint last month accusing McWherter of promoting a hostile work environment and tolerating sexual harassment. The complaint described an atmosphere rife with sexually explicit speech, the open display of pornography and jokes about sexual orientation.
The Navy officer is the latest in a string of senior military commanders to come under investigation for sexual misconduct or other misbehavior. Congress and the White House have grown especially frustrated at the Pentagon’s struggles to police sex crimes and harassment in the ranks.
The Navy appeared to move swiftly after the former Blue Angels member filed the complaint March 24 with the Navy inspector general. The complaint alleged that McWherter encouraged or allowed sexual harassment and lewd activity to occur when he commanded the Blue Angels during two stints between 2008 and 2012.
McWherter did not respond to e-mails seeking comment. The Navy confirmed the circumstances that led to the probe. The Navy also released a statement from Vice Adm. David H. Buss, the commander of Naval Air Forces, who said, “We remain fully committed to accountability, transparency, and protecting the integrity of ongoing investigations.”
According to McWherter’s biography, which the Navy has removed from a public Web site, he is an alumnus of the Citadel and graduated from the Navy’s famous “Top Gun” fighter pilot school in 1995.
The Blue Angels are a flight demonstration team that performs daring maneuvers at air shows and before large crowds at other public events. It is a major honor for pilots selected to join; the Navy treats the squadron as a valuable recruitment tool and a vivid symbol of its aviation firepower.
The commander of the unit is chosen by a panel of admirals and serves as the Blue Angels’ lead pilot.
Although the investigation has not been completed, Navy officials decided that the preliminary findings warranted taking action. McWherter was fired from his new job as executive officer of Naval Base Coronado near San Diego. He has been temporarily reassigned to other duties.
Summaries of the complaint and investigation are contained in a five-page internal document, labeled “official use only,” that was drafted by Navy public affairs officers in anticipation of media coverage.
The document included talking points and prepared quotes attributed to Navy admirals, expressing concern about the gravity of the case. The material was being assembled in the event that further details of the investigation became public.
McWherter was a commander highly regarded by many in the Navy. He was brought back to lead the Blue Angels for a second stint in 2011 after the unit was temporarily grounded that year for performing a dangerous barrel roll too close to the ground during a show in Lynchburg, Va.
Upon leaving the team in November 2012, he told the Pensacola (Fla.) News Journal that he had no regrets.
“If being with the Blue Angels was the last time I fly a Navy plane, that’s a pretty good way to go out,” he said.
In the face of several ethics scandals over the past 18 months, the Pentagon has repeatedly pledged to hold commanders accountable for their actions. At the same time, however, the military has tried to suppress details about many embarrassing episodes.
For example, the Army announced in June, without elaboration, that it had suspended its top general in Japan for allegedly mishandling a sexual assault case. On Tuesday, after obtaining a copy of the investigative report under the Freedom of Information Act, The Post disclosed that the general was given a plum job at the Pentagon even though he had violated regulations by failing to refer the sexual assault complaint to criminal investigators.
In January, after obtaining another batch of investigative documents, it was reported that the Pentagon had disciplined three other generals for personal misconduct.
One was found guilty of assaulting his mistress. A second joked in e-mails that he sexually gratified himself after meeting a member of Congress whom he described as “smoking hot.” The third kept a bottle of vodka in his desk and was investigated for having an affair, according to the documents.
At the same time, it appears that some military leaders have become highly sensitive to the issue and are quick to launch investigations at any hint of sexual impropriety or ethical misbehavior in the ranks.
In February, the Army announced it had suspended a brigade commander at Fort Carson, Colo., and in a highly unusual move, would not allow him to deploy with his soldiers to Afghanistan. Again, Army officials did not divulge what had prompted the decision.
A copy of the investigative report in that case, however, shows that the commander was suspended after three female soldiers alleged that he had made insensitive comments during a meeting to discuss sexual assault policies.
The commander, Col. Brian Pearl, was later cleared of wrongdoing and allowed to join his troops in Afghanistan. A copy of the investigative report was first obtained and published Tuesday by the Gazette newspaper of Colorado Springs.

(By Craig Whitlock)

VA Offers Dental Care To Vets

All veterans eligible for VA dental coverage

For the first time in history, the U.S. government has authorized a national dental insurance program for veterans enrolled in Veterans Affairs health care and individuals enrolled in VA’s CHAMPVA program.

Premium rates will vary depending on your geographic region and the plan option you select. There are three options that are available: basic, enhanced and comprehensive. These plans range from about $8 for the basic up to about $27 for comprehensive.
In the Tippecanoe County area there are many dentists who have signed up for this program. Veterans will not be getting dental care done by the VA but veterans must be signed up with the VA for health care to be eligible for the dental insurance plan.
As stated above, this is the first time that the VA has actually assisted veterans with dental care except for those veterans rated at 100 percent service-connected, have a service-connected disability for a dental injury, or on the VA Voc-Rehab program.
More information can be found by going to Delta Dental at deltadentalvadip.org. If you don’t have access to a computer, you can visit the VA Clinic at Indiana Veterans’ Home or stop by our office at 629 N. Sixth St. in Lafayette.

A Golden Anniversary

(Vice Adm. Manson K. Brown speaks to U.S. Coast Guard Academy cadets, staff, and faculty during the Eclipse Week Keynote Dinner April 4, 2014. U.S. Coast Guard photo by Petty Officer 3rd Class Cory J. Mendenhall.) Pictured with VADM Brown is CDR Merle James Smith Academy Class of 1966. First African American Academy graduate. 2016 will be the 50th Anniversary of his historic accomplishment.

Posted on April 3, 2012 by Judge London Steverson 

United States Coast Guard Academy seal (Photo credit: Wikipedia)

NEW LONDON, Conn. — The Coast Guard Academy in New London honored its first African-American graduate on April 1st, 2012 with a new award that is named after him.
The Day newspaper of New London reports that CDR Merle James Smith Jr., USCG (Ret.) received the inaugural Merle J. Smith Pioneer Award at the Academy on Sunday, April 1st. The 67-year-old Mystic resident graduated in the Academy Class of 1966 and served 23 years of regular and reserve active duty in the Coast Guard.

CDR Smith was the first Black cadet to be admitted to the United States Coast Guard Academy. The Academy was founded in 1876.
This recognition is well deserved and long overdue. Honoring the first Black graduate honors all Black graduates. The Academy was founded in 1876. The exclusion of African Americans from the Academy from 1876 until 1962 is a tragic fact of American history. The meager resources allotted to Black recruitment is just as tragic.
CDR Smith was the first Black cadet to be admitted to the United States Coast Guard Academy. He was not an Affirmative Action cadet. He was not appointed in direct response to President Kennedy’s directive to find qualified Black high school graduates for the Academy.
The Academy was not aware at first that there was an African American cadet at the Academy. He had not been recruited as a “Black cadet”; nor, was he recognized as one by the Coast Guard Academy Admission’s Office. He was not recognized as an African American because he did not physically resemble one. None of his school records labeled him as Black, and he had not been recruited as a minority candidate. When Black spectators came to watch the entire corps of cadets march in parade, they frequently mistook Anthony Carbone and Donnie Winchester as the possible Black cadet. Carbone was an Italian, and Winchester was a Native American. They both were considerably darker than Merle Smith.
CDR Smith’s appointment had been tendered before President Kennedy issued the directive to find and appoint Black candidates for the Coast Guard Academy. His father, Colonel Merle Smith , Senior, was the Professor of Military Science at Morgan State College in Baltimore, Maryland; and, he had formerly been an Army Staff officer at the Pentagon.
The only two Black cadets to have been recruited under President John F. Kennedy’s Directive were London Steverson and Kenneth Boyd. they both entered the Academy in 1964 and graduated in 1968.
CDR Smith is a 1974 graduate of the National Law Center at George Washington University, Washington, DC. He attended law school while serving in the Coast Guard. He became a Coast Guard Law Specialist.
After graduating, his Coast Guard career took him to Vietnam in 1969, where he commanded a patrol boat for a year. He became the first sea-service African-American to be awarded a Bronze Star. After receiving his law degree from George Washington University in 1974 he became a Coast Guard Law Specialist. Later, he returned to the New London, CT area to work as an attorney for Electric Boat, the Groton-based submarine builder.
It was after retiring from active duty in the Coast Guard, he became an adjunct law professor at the Coast Guard Academy.
In 2006 while teaching law at the Academy CDR Smith was retained as the Individual Military Counsel for Cadet Webster Smith who became the first Coast Guard Academy cadet to be court-martial in the history of the Coast Guard Academy. CDR Smith is no relation to Cadet Webster Smith. Cadet Webster Smith was detailed a Navy Judge Advocate Ggeneral (JAG) officer as his detailed military counsel. The Individual Military counsel is the lead counsel. He is a civilian and he is in charge of the defense team.
CDR Smith received a Pioneer Award. What does that mean? A “Pioneer” is a person who is among those who first enter or settle a region, thus opening it for occupation and development by others.  What was the criteria for selection? Who was on the Selection Committee? Was there anyone else in contention? Will there be subsequent recipients? How many times can one do something for the first time?
The Award could have been called the Trailblazer Award. Trailblazer is a synonym for Pioneer. The term trailblazer signifies those who strike out on a new path or break new ground, either literally or symbolically, using skills of innovation or brave constitutions to conduct their lives off the beaten path. Often known for independent thought, rugged individualism and pioneering ways, trailblazers throughout history have included cutting-edge inventors, explorers and healers. Trailblazers throughout history all have shared an innovative spirit that kept them going when told their endeavors would be fruitless or against impossible odds. All have made their mark on history and mankind by refusing to quit and pushing ahead, most often into uncharted territory. When Merle James Smith entered the Coast Guard Academy in June 1962 he was sailing into uncharted waters. He had no chart, compass or navigator; yet, he reached his destination.
Minority recruitment remains an area that the Academy alleges is the impossible dream. Thirty-three percent of Coast Guard cadets are female; one out of three cadets is a female. The first female classes produced several flag rank officers. We have a plethora of female admirals. In February, 1976 the Coast Guard Academy announced the appointments of female cadets to enter with the Class of 1980. Fourteen women  graduate as part of the Academy’s Class of 1980.  In 2000 the first female Coast Guard officer to be promoted to Rear Admiral was Vivien S. Crea. She was not an Academy graduate. In 2009 CAPT Sandra L. Stosz was promoted to Rear Admiral, becoming the first female graduate of the Coast Guard Academy to reach flag rank.
The Coast Guard was the first to select a woman superintendent of a military service academy.  Rear Adm. Sandra L. Stosz, Coast Guard director of reserve and leadership was selected as Superintendent of the Academy. Rear Admiral Stosz graduated from the Coast Guard Academy in the Class of 1982.
In 2008 the Academy hosted a free, public Women’s Equality Day information fair on August 26 in Munro Hall at the Academy.
Each year since 1971, when President Jimmy Carter designated August 26 as Women’s Equality Day, the United States has recognized the struggle for equal rights for women.
In the Coast Guard Academy is celebrated the event with the theme “Strengthening Our Communities” by hosting various Coast Guard and regional community groups on campus.
“This was billed as a great opportunity for members of our Coast Guard and surrounding New London community to network and learn from the organizations that help support and strengthen Academy leadership,” said LTJG Colleen Jones, Assistant Civil Rights Officer at the Academy and the event organizer.
The various organizations in attendance were the Greater New Haven National Organization of Women, the General Federation of Women’s Clubs of Connecticut, National Naval Officers Association, Academy Women, Toastmasters, CG Educational Services, CG Child Development Center, and the League of Women Voters.

A Case Too Weak For a Court-martial.

Cadet Alexander Stevens is a cadet at the U.S. Coast Guard Academy (USCGA). He is accused of breaking into the room of a female cadet of lower rank in Chase Hall and sexually abusing her.
The Coast Guard prosecutor, Lt. Tyler McGill, has alleged that Cadet Stevens  was on a mission for sexual gratification that September night. The room Stevens entered was about 300 feet from his girlfriend's room.
"Cadet Stevens did not walk into the room right next door," McGill said.
Lt. John Cole, Cadet Stevens' Assigned Military Defense Counsel, said the government didn't prove sexual intent. He claims Stevens was drunk at the time and made a mental mistake.
"Just because he accidentally touched the wrong cadet's leg doesn't mean he should go to court martial," Cole said.
Cole argued that Stevens should face administrative punishment, which can include expulsion. Administrative punishment is not criminal in nature. Non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) is the lowest form of criminal proceeding available to the military. Above NJP there are three levels of courts-martial. They are a Summary, a Special and a General Court-matial. They differ in the maximum amount of punishment they can award to a convicted member. A court martial is a Federal Criminal Trial and can lead to prison time if the person is convicted.
The Article 32 pretrial investigation is similar to a civilian grand jury. It is used to determine wheteher there is enough evidence to refer the case to a court-martial.
 A hearing in the form of an Article 32 Investigation was held  Wednesday April 2nd at the Coast Guard Academy. The Article 32 Investigating Officer (IO) has not yet made a recommendation. The IO could recommend that the case be dismissed, dealt with administratively or referred for trial by court-martial.
 Usually the accused usually does not testify at an Article 32 Hearing.
Most smart Defense Counsels do not let their clients testify at an Article 32 Hearing. They use that opportunity to discover the Government's case. They get a chance to see how much evidence the Government has and how strong it is.
Cadet Stevens, who is accused of abusive sexual contact, housebreaking and unlawful entry, did not testify.

The Testimony was weak.
The female complaining witness testified that a man entered her room in the middle of the night, touched her on her thigh and moved his hand up her leg before she screamed and kicked him.
"I remember someone fumbling with my blanket that was on top of me and touching my leg," she said, describing skin-to-skin contact and the swirling motion of a hand moving up her leg. "I kicked my legs and I screamed."
The man either fell or jumped off her bed and fled. She says she chased him and located a friend.
"I kept telling him (the friend) that's not right," she said, noting that she was shaking and crying.
The cadet said she found it hard to sleep and concentrate after the encounter, and her grades suffered.
"I think he should be kicked out of the Coast Guard. I think he should be a registered sex offender, and I think he should go to jail," she said.
Cadet Stevens' explanation Is credible and exculpatory.
Stevens said in an interview that he went into the fellow cadet's room and touched her with his hand, said Eric Gempp, a special agent with the Coast Guard Investigative Service (CGIS). Stevens said he was startled when the cadet said, "Hey!" He quickly left the room, Stevens told investigators.
Stevens said he went into the room by mistake, believing it was his girlfriend's room, Gempp testified.
Defense Counsel was able to get the accused's statements into the record without him taking the witness stand.
Chief Robert Cain testified that Stevens voluntarily came to him and told him during a night of drinking he got into an argument with his girlfriend. Cain said Stevens told him after returning to his room that he decided to apologize and went to what he thought was his girlfriend's room, tapped her on the leg and realized he was in the wrong room.
Another cadet testified that classmates often go into the wrong rooms, but said the mistake typically involves going into a room one or two doors away.
The only cadet ever court-martialed at the academy, Webster Smith, was tried in 2006 at a General Court-martial and convicted on extortion, sodomy and indecent assault charges.

(The Webster Smith Case was appealed all the way to the U. S. Supreme Court. It is fully documented in a book entitled "Conduct Unbecoming An Officer and a Lady" available on Amazon.com http://www.amazon.com/CONDUCT-UNBECOMING-Officer-Lady-Conviction/dp/1460978021 )
The Article 32 investigating officer (IO) in this case could recommend that the alleged offenses be dismissed, dealt with administratively, or referred for trial by court-martial.

Anonymous said...QUOTE:

This is not a case of sexual assault; the evidence presented by the government failed to prove anything more than the fact that there is a systemic problem of alcohol abuse and confusion over dorm room locations running rampant at the USCGA. Multiple witnesses confirmed the events of the night as purported by Cadet Stevens. Moreover, they confirmed that it is a too-frequent occurrence for over-intoxicated cadets to return to Chase Hall and accidentally walk into the wrong room. The alleged victim's own roommate testified to that fact without reservation.

Doors have locks, the roommate also confirmed, but cadets are not permitted keys; only the XO has a master key to unlock doors. The only way a cadet could secure his/her room is when all occupants are safely inside. This is surely a contributor to issues of unspeakable theft, vandalism and abuse current and former cadets can tell.

The Article 32 Hearing was a manufactured event architected by someone with an agenda that goes beyond the unfortunate incident that occurred in the wee hours of September 15. Yes, Cadet Stevens was drunk and made a horrible mistake. But it was not assault and any reasonable person who looks at all of the evidence will quickly come to this conclusion. To reach any other decision is an overt decision to falsely accuse - and ruin - the character and integrity of the very same honor all cadets represent.

Admiral Stosz has issues within her ranks of leadership, character and courage; she needs to look at the culture of Chase Hall and question why cadets are abusing alcohol and questioning if the restrictive weekday rigor and lax weekend liberty -- call it Feast or Famine -- is modeling the lifestyle and behaviors that mold tomorrow's Coast Guard leaders. These are far greater issues than addressing Cadet Steven's long overdue Mast for drunkenly walking into another's room in error.

I, for one, did not lose the irony of the drawn-out investigation culminating with a hearing that began with the start of the Coast Guard's Sexual Prevention and Awareness Month. This is showmanship at the taxpayer's expense, folks, and nothing more.UNQUOTE.

Bonfire symbolizes sex assault fight

Air Force Academy cadets and leaders held an April 17 bonfire to mark Sexual Assault Awareness Month.
The event held on the terrazzo in the cadet area on campus featured speeches from the school’s superintendent, Lt. Gen. Michelle Johnson, and the dean, Brig. Gen. Andy Armacost.
The bonfire was a symbol for “Take Back the Night” a ritual that began in California that’s intended to raise awareness of violence and sex crimes.
“The Air Force Academy, home to 4000 cadets and several thousand military and civilian employees, fosters a safe environment with a zero tolerance policy for sexual misconduct,” the academy said in a news release.
“A bonfire will be lit by General Johnson as the cadet wing joins together to affirm their motto of maintaining a ‘Culture of Respect,’ and take back the night,” the academy said.
  (by Tom Roeder, April 22, 2014) 

THIS JUST IN:

Coast Guard cadet won't be court-martialed

NEW HAVEN, Conn. (AP) 12 June 2014 — A U.S. Coast Guard Academy cadet accused of entering a classmate's room and touching her leg will not face a court martial, the academy said Thursday.
Coast Guard Academy Superintendent, Rear Adm. Sandra Stosz, agreed with the recommendations of an Article 32 Investigating Officer that reasonable grounds did not exist to support the charge of abusive sexual contact against cadet Alexander Stevens. Rear Adm. Sandra Stosz, also agreed with a recommendation to impose nonjudicial punishment (NJP) on Cadet Stevens for unlawfully entering a cadet barracks room while drunk and touching another cadet on the leg, Coast Guard officials said.
The academy did not disclose details of the punishment, citing Stevens' privacy rights. Nonjudicial punishment may include a reprimand, arrest in quarters for up to 30 days, pay forfeiture or expulsion from the academy.
"The Academy has remained committed to providing all needed support to the victim, ensuring a full and fair proceeding in compliance with the Uniform Code of Military Justice (UCMJ) and holding those who commit misconduct accountable for their actions," said Capt. James McCauley, the Commandant of Cadets at the U S Coast Guard Academy, New London, CT..
In September 2013, Stevens said, he went into the fellow cadet's room by mistake, believing it was his girlfriend's room, an investigator testified.
He was drunk at the time and made a mental mistake, Lt. John Cole, who represented Stevens, said during the Article 32 Pre-trial investigation at the Academy in April 2014.
The female cadet classmate testified that a man entered her room in the middle of the night, touched her on her thigh and moved his hand up her leg before she screamed and kicked him. The cadet said she found it hard to sleep and concentrate after the encounter, and her grades suffered.
A Government appointed prosecutor, LT Tyler McGill, at the Article 32 Investigation argued that Stevens was on a mission for sexual gratification. The room Stevens went into was about 300 feet from his girlfriend's room, Lt. Tyler McGill said, and noted that the classmate was lower in rank.
"Cadet Stevens did not walk into the room right next door," McGill said.
But the government failed to prove sexual intent, Cole argued.
"Just because he accidentally touched the wrong cadet's leg doesn't mean he should go to court martial," Cole said.
Stevens did not testify.
A conviction in a court martial can lead to prison time.
The only cadet ever court-martialed at the academy, Webster Smith, was tried in 2006 and convicted on extortion, sodomy and indecent assault charges.

(By John Christoffersen, AP)