||1 February 1991
||CAPT Charles W. Tucker, JAGC, USN
||Naval Legal Service Office, Phila., PA 19
||Commanding General, 4th Marine Division (REIN)
||MAJOR Arthur E. White, [SSN deleted for privacy], USMCR
||Side by side comparison of Major White's preliminary
|| investigation of alleged wrongdoing by Major William B. Fox and testimony of witnesses at Major Fox's Board of Inquiry
||Copy of Major Arthur E. White's preliminary investigation
|| into alleged wrongdoing by Major William B. Fox (w/o enclosures)
||Copy of 4th MARDIV ltr 1920 SJA/OM of 27 JUN 90
||Copy of CAPT Charles W. Tucker ltr to MajGen Matthew
|| T. Cooper of 18 OCT 90
1. The purpose of this letter is to raise a complaint against Major Arthur E. White, [SSN deleted for privacy], USMCR, in regard to the inaccurate, incomplete, and misleading preliminary investigation he conducted into alleged wrongdoing by Major William B. Fox, USMCR. As noted below and in enclosure (1), Major White's report (enclosure (2)) is so grossly inaccurate as to constitute, at the very least, dereliction of duty. I realize that registering such a complaint is an unusual action. Nevertheless, because of the potentially egregious consequences which could have-resulted from this inept investigation---the unwarranted termination of a Marine officer's career---I feel duty bound to bring it to your attention.
2. Backqround: Enclosure (3) is a copy of your letter to Commandant of the Marine Corps recommending that Major Fox be required to show cause for his further retention in the Marine Corps Reserve, citing Major White's report as evidence of those allegations. The Commandant of the Marine Corps did direct that a Board of Inquiry be convened, and I was assigned as Major Fox's counsel. Based upon my preliminary investigation and conversation with the witnesses interviewed by Major White, I concluded that his report was inaccurate. Per enclosure (4), I requested that further investigation be conducted into the allegations before additional manpower and resources were expended to conduct a Board of Inquiry. Nevertheless, the decision was made to proceed with the Board of Inquiry. The witnesses who were interviewed by Major White testified at the subject Board of Inquiry at the end of November 1990. As demonstrated in enclosure (1), their testimony shows that what they say happened and what Major White stated in his report is totally different.
3. The factual inaccuracies documented in enclosure (l) establish that 13 of the 15 findings of fact in Major White's report are inaccurate. A few of these discrepancies are relatively insignificant, but the major discrepancies and the tone of the report give a very wrong impression of Major Fox's actions, and put words in his mouth that he never said. In addition, please note that Major White did not contact Colonel Cherico (the senior Marine present at the Landing Force Staff Planning course), or any other Marine at that course other than those who had a "complaint" against Major Fox, that he did not contact Major Fox's commanding officer, that he did not contact Major Fox for his version of events, that he did not see the materials that Major Fox gave to Major Krause and CAPT Tye although at least some were readily available (Time Magazine and Newsweek), and that he included literally hearsay upon hearsay (see for example Finding of Fact 14).
4. Despite the "preliminary nature" of this report, Major White opines that Major Fox has disseminated "obnoxious" ideology, displayed "incredibly poor judgment", has a "behavioral problem", and has lost the "trust and confidence of his superiors". (On the last point, please note that Major Fox's commanding officer, his I & I in Garden City and Colonel Cherico all testified at the Board of Inquiry on behalf of Major Fox.) After "agonizing consideration" Major White made recommendations which included termination of Major Fox's career. The highly charged words used by Major White to characterize Major Fox's behavior were highly inappropriate given the facts of the matter, and the preliminary nature of his investigation.
5. The point I wish to stress is that if you had been provided a fair and unbiased investigation, albeit preliminary, you would have had a better factual basis upon which to decide the appropriate-manner in which Major Fox's alleged wrongdoing should have been handled. Because Major White's report was so one-sided, you and subsequent reviewing authorities did not have that full factual basis. At the Board of Inquiry it became clear how inaccurate Major White's report is (see enclosure (1}).
6. I reiterate that I am submitting this letter as an Officer in the Naval Service, not as Major Fox's counsel. Indeed, his case is closed. For the record, and to dispel any notion that Major Fox may have requested that I write this letter to enable him to "get back" at his accusers, I will state unequivocally, that I am initiating this complaint. The statements in Major White's report are not just subjective misinterpretations of what the witnesses said, but are absolute misstatements. As you will note in enclosure (1), the members of the Board of Inquiry also were concerned about the discrepancies between what was reported by Major White and what the witnesses said.
6. I bring this matter to your attention for whatever action you deem appropriate.
Major Fox (Less encs. 2, 3 & 4)
(w/copy of transcript)
SIDE BY SIDE COMPARISON OF MAJOR ARTHUR E. WHITE'S
PRELIMINARY INVESTIGATION OF ALLEGED WRONGDOING
BY MAJOR WILLIAM B. FOX
AND TESTIMONY OF WITNESSES AT MAJOR FOX'S
BOARD OF INQUIRY
Please note that some of the inaccuracies in Major White's report are much more significant than others. For ease of comparison, however, I have listed them in the same order as his report.
Finding .of Fact #2 - That during that time Capt. Fox had numerous conversations, both during and after working hours, with various other Marine Officers in the class to include;
||Major John Davies, Admin Officer, MTU-CT 3;
||Major Michelle Krause, Reserve Operations Section,
||Manpower and Reserve Affairs, HQMC;
||Captain Ray Tye, CO B Co., 1/23, Austin, Texas and
||Captain Linda Lammers, Officer Assignments MMOA4,
Major White's report makes it appear that Major Fox had "numerous" conversations related to the basis of the administrative processing with the officers listed during and after working hours. In fact, he did have several conversations with these officers, but most were concerning professional matters related to the course they were attending. The "suspect" conversations were very few in number, and usually after working hours:
Major Davies: A long conversation covering numerous topics on the airplane ride home after the course.
Major Krause: One very brief conversation and then the "bizarre" conversation which lasted 10-15 minutes - both after working hours.
Capt. Tye - one brief conversation one day after a lunch break (before class resumed).
Capt. Lammers - did not testify and the report contains no information that Major Fox ever spoke to her.
Finding of Fact #3 - That during one evening of the two week period Capt. Fox had a conversation with Maj. Krause which she described as "bizarre" in which he discussed what he called the "browning of America" in reference to the increasing number of non-white people who inhabit the United states.
Major Krause testified that Major Fox did not use the term "Browning of America".
Q. (By counsel for respondent) He did not use the term "Browning of America?"
A. (By Maj. Krause) No, sir, that was the title of the article.
Q. That might have been the title of the article but did he use that phrase?
A. No, sir.
Q. (By counsel for respondent) Did you tell Major White that Captain Fox used the term "Browning of America?"
A. I don't recall that I told him that Fox used the term, "Browning of America," was in the article.
Finding of Fact #4 - That during this conversation Capt. Fox discussed various philosophical points of view regarding the relationship of the races and gave Maj. Krause magazine articles which appeared to advocate "white supremacy" as a philosophy worth following.
Major Krause testified that Major Fox did not discuss these points of views, but rather gave her the articles and asked to discuss them later. The "discussion" never took place.
Q. (By recorder) Did you have any other conversations with him, other than that initial one?
A. (By Maj. Krause) Captain Fox knocked on my door at the BOQ. I don't recall if it was that same day or if it was the next one. It was during the first week of the course, and asked if he could meet me for dinner and explain some of his views and he offered some literature to me to read, so that we could discuss such things. He actually used the phrase, "I, as the senior officer, could counsel him on some of his viewpoints, and we could discuss these things."
Q. (By counsel for respondent) Okay. Now, let's take the Odinism stuff first. What exactly did he say about that?
A. (By Maj. Krause) Sir, he handed me the article, invited me to read them, and then if I wanted to, again, over dinner, we could discuss them.
Q. (By counsel for respondent) Okay. Thank you. What you're telling me then, Captain Fox never spent any great deal of time discussing with you the substance of Odinism. He just gave you these articles and said that this is interesting to read. Isn't that correct?
A. (By Maj. Krause) Captain Fox offered me the literature and an opportunity to get back and discuss all the articles.
Q. Okay. Did you ever get back with him and discuss these?
A. No, sir, I did not.
Q. (By counsel for respondent) Essentially, it was a conversation of, "this is some interesting stuff concerning our common heritages and allegiance, I think you might find it of interest to read." That was the substance of his conversation?
A. (By "Maj. Krause) What he said, sir, was "if you would like to read these, we can get together and you can counsel me of my beliefs."
Q. Okay. And you never did that?
A. No, sir, I did not.
Q. (By counsel for respondent) These articles that you felt bordered on the radical were some articles about Odinism, a religion, a Time magazine article, that's read by probably 50 million people, and an article written in 1960, called the Zoological Subspecies of Man?
A. (By Maj. Krause) Yes, sir.
Q. Do you have any educational background in Anthropology?
A. I had one Anthropology course, sir. so, I don't have an education in depth in it.
Q. Any educational background in sociology?
A. Only one course in college, sir.
A. No, sir.
A. One course in college.
Q. Any educational background which would allow you to critically, either support or attack this article?
A. No, sir.
Q. You don't know what's in this article is true or not, is that correct?
A. I would not be able to verify it, no, sir.
Q. Did Captain Fox hold out at the time that this is the Gospel, this is the way it is? He didn't, did he?
A. Again, sir, he offered them to me to read.
Major White never saw these articles so he could have no idea if they advocated white supremacy. Had asked, Major Fox would have provided the articles to him. Please note that one of the articles being discussed is from Time Magazine.
Finding of Fact #5 - That by the way he used terms such as "white-superiority", "pro-Aryan", and "minority takeover", Fox gave Maj. Krause the clear impression that the views expressed in the articles were consistent with his own views.
Major Fox did not use the terms quoted.
Q. (By counsel for respondent) Do you recall telling me when you--let me rephrase this. Isn't it true that when we spoke back on the 27th of September that you told me that Captain Fox did not, he, himself, did not use the words "pro Aryan?"
A. (By Maj. Krause) That's correct, sir, he did not.
Q. That he, himself, did not use the word anti-semitic?
A. That is correct.
Q. He did not use the word "anti-black?"
A. That is correct, sir.
Q. (By counsel for respondent) Did you tell Major White that Captain Fox had used the terms "white superiority" and "pro-Aryan" and "minority takeover?"
A. (By Maj. Krause) I don't recall saying that, sir.
Q. (By senior Member LTCOL Newman) All right. Now, Major White conducted a preliminary investigation. In paragraph five of his findings of fact, he stated here, "That by the way he used terms such as "white-superiority," "pro-Aryan," and "minority takeover," Fox gave Major Krause the clear impression that the views expressed in the articles were consistent with his own views." Is that true, Major Krause?
A. (By Kaj. Krause) I don't recall captain Fox using those terms to me, sir.
Q. So, therefore, this statement that I just read, that Major White included in his findings of fact is, in your opinion, an incorrect statement?
A. I believe so, yes, sir.
Finding of Fact #6 - That Fox provided Maj. Krause with a number of articles and publication lists for her use and encouraged her to increase her knowledge of "Odinism", an ancient Nordic religion which, from the way Fox described it, advocated purity of the races.
The testimony of Maj. Krause as set forth under Finding of Fact #'4 above, clearly indicates that Fox did not "describe" Odinism at the time he gave Maj. Krause these articles. Maj. Fox readily admits that he, in fact, gave Maj. Krause articles on Odinism, but, by her own testimony, he did not describe it as advocating purity of the races as Maj. White has reported.
Q. (By counsel for respondent) And Captain Fox, to reiterate, never made any statement concerning anti-semitism, anti-black, that he is a founder of Odinism or anything like that?
A. (By Maj. Krause) No, sir, we did not discuss----
Finding of Fact #7 - That Major Krause felt that the entire line of discussion was totally inappropriate and that after repeated efforts to break off the conversation she was successful in ending the conversation.
The entire "line of discussion" lasted about 10-15 minutes. Major White makes it sound as though Major Krause actually tried to end the conversation. In fact, Major Krause said very. little. She easily could have ended the conversation with her then junior officer, Captain Fox, had she chosen to do so.
Q. (By counsel for respondent) Did you, at any time, tell him that it was inappropriate for him to pass this stuff out?
A. (By Maj. Krause) No, sir.
Q. (By counsel for respondent) Did you say anything during this 10 minute conversation with Major Fox other than, "No, I don't want to go out to dinner?"
A. (By Maj. Krause) I don't believe so, sir.
Q. So, essentially, it was about roughly a 10 minute monologue by Major Fox and that was the end of it?
A. For the most part, yes, sir.
Q. And at that time you didn't counsel him that this was inappropriate to talk about this kind of stuff?
A. No, sir, I hadn't read the articles.
Q. (By Senior Member LTCOL Newman) Okay. All right. In Paragraph seven of Major White's finding of fact, it states, "That Major Krause felt that the entire line of discussion was totally inappropriate and that after repeated efforts to break off the conversation she was successful in ending the conversation." My question to you is, he made several -- apparently, according to this statement, he made -- Major Fox made several attempts to talk to you and this particular statement that Major White makes indicates to me that you had a hard time breaking off the conversation with Major Fox, is that correct?
A. (By Maj. Krause) Sir, I believe he's referring to the conversation in the BOQ, where Captain Fox talked on at length. I would have answered him, "Okay, okay," attempting to just take the articles and discourage further conversation.
Q. Let me see if I understand this now. He was pushing a conversation that you did not wish to engage in and you would just try to end the conversation and be on your way, is that correct?
A. Yes, sir, I think that's a fair summation.
Finding of Fact #8 - That during his return flight to New York, while in uniform, Fox opened a conversation with Maj. James Davies by asking him, in a normal conversational tone, whether he was Jewish.
The following testimony established that neither Major Fox nor Major Davies were in uniform.
Q. (By counsel for respondent) On this airplane ride on the way back, were you in uniform?
A. (By Maj. Davies) No, sir, I was not.
Q. Was Major Fox in uniform?
A. I don't believe he was.
Q. Do you recall having a conversation with Major White, when he was doing an investigation concerning this matter??
A. Yes, sir, I do.
Q. Major White says in his report, and I'm quoting, "That during his return flight to New York, while in uniform---" and then he goes on, "Fox opened a conversation with Major James Davies--" et cetera. That's an incorrect statement, is that true.
A. It's incorrect. I don't remember saying that we were -- the only time that I have ever flown in uniform, back and forth to one of those schools, about two years ago, and it's only because I had to literally leave the last part of the class to catch the plane home.
The following testimony establishes that Major Fox did not "open" the conversation by asking if Major Davies was Jewish. In fact, the two men discussed numerous topics during the course of the flight and it was well into the conversation that Major Fox asked that question.
Q. (By counsel for respondent) What all did you talk about?
A. (By Maj. Davies) Well, when Captain Fox initially came up to me he said, "Sir, do you mind if I sit down with you," as I've indicated in my statement. And at that time I said, "I don't have any problem with that," you know. "You're certainly free to sit down." I didn't feel that I had any kind of reason not to have him sit down. And I don't know and I couldn't tell you the exact flow of the conversation, you know, with a 100 percent accuracy because I don't have a memory that would allow that.
Q. Let me interrupt you for a second----
A. He was very pleasant at first, and I think we had like a casual conversation----
RECORDER: You asked him what the conversation was, sir.
WITNESS: I couldn't remember how the topic of the conversation actually started out.
By CR Contg:
Q. Major, can I interrupt you for a second?
Q. Did you talk about productivity at IBM?
A. We probably did. We may have.
Q. Do you recall----
A. Because that was the basis--quality and productivity were the basis upon which we initially started our--had our initial conversation out in Coronado.
Q. Do you recall also talking about the psy-ops package or brief that Major Fox had prepared?
A. He prepared a rather extensive package, okay. And he pulled the package out and asked me if I would read it and I kind of skim read that thing, you know, it looked fine, and that was pretty much out conversation on that, on the psy-ops packages. I didn't remember it being a psy-ops package because I skim read it.
Q. (By counsel for respondent) Okay. Thank you Major. Another question, again, back to Major White's report. He says in here, in paragraph 8, "That during his return flight to New York, while in uniform, Fox opened a conversation with Major James Davies by asking him, in a normal conversational tone, whether he was Jewish." That's incorrect, isn't it?
A. (By Maj. Davies) I would characterize--that is not a wholly accurate statement. Major Fox asked me if I was Jewish. I think we were concerned about the conversational tone on the aircraft, I would say that he leaned over and asked me in a -- probably, for what we were doing at the time, a normal conversational manner. He didn't stand up and yell or anything. He just, in fact, leaned over and asked me if I was Jewish and asked me if my wife was Jewish.
Q. Okay. But my question is, Major, did he open the conversation; did he sit down and the first thing he said is, "are you Jewish?" That's not true, is it?
A. No, that was not the first thing he said. As a matter of fact, we had conversations on the paper and it wasn't until well into our conversation that he leaned over and asked me.
A. And, in fact, like you said, there were several conversations on the plane. So, the particular phase we were in, that piece of it was opened with that question. And I think, now that I also recall, he also made a statement that said that he didn't want me to be offended. In the interest of fairness, I think we should say that too.
Finding of Fact #9 - That upon learning that Maj. Davies is not Jewish, Fox launched into a one sided conversation in which he discussed his work related problems with his Jewish superiors at CBS and made numerous anti-Semitic remarks.
The following testimony establishes that Major Fox did not make anti-Semitic remarks.
Q. (By Senior Member LTCOL Newman) Okay. Thank you on that question. Next question, did he make any anti-semitic remarks during the discussion on the plane?
A. (By Maj. Davies) No, sir, I indicated that in my statement. That while Major Fox at no time made a statement that he was anti-semitic or anti-black or anti other minority group, I was left, rightly or wrongly, with a strong impression that he was anti-semitic as a result of being fired by CBS.
Finding of Fact #11 - That Maj. Davies considered the entire discussion inappropriate, especially since both men were in uniform in a crowded plane with other passengers within earshot.
Major Davies testifies that he did not consider the entire conversation inappropriate, that they were not in uniform and that the plane was not crowded.
Q. (By senior Member LTCOL Newman) Okay, I understand. My next question, did you consider the entire discussion on the plane inappropriate --correction, let me rephrase that situation. In paragraph 11 of Major White's preliminary investigation, he stated, "That Major Davies considered the entire discussion inappropriate, especially since both men were in uniform, in a crowded plane, with other passengers within earshot." Is this true, did you consider the entire discussion inappropriate?
A. (By Maj. Davies) No, we had a long conversation about many different topics. I just don't understand where he got the idea that we were in uniform because we clearly weren't and the plane was not crowded in its entirety but the seats around us had people in them and mostly because--I recall that very clearly because I'm one of the people that get on planes first, because I do a lot of traveling. Therefore, if you get on a plane first, you get your seat and you get all your crap put away and you can relax while everyone else fights over the spaces. As I indicated in my statement, those people came in and I was able to help them stow their luggage and kind of sit down. So, the immediate area around where we were sitting had people who were very much aware that we were military officers. The only part of the conversation that I considered to be inappropriate and unfortunate was the discussion on the Holocaust. But for the large part, the whole rest of the conversation we had was fine.
Q. Okay. You did not specifically tell Major White that you thought the conversation was inappropriate?
A. I did--I told him that the conversation that we had about the Holocaust, I did tell him that I felt that that was inappropriate, yes, sir, I did.
Q. But you----
A. But if you're applying it to the conversation--you know, all of the conversation that we had, I would have to say no.
Q. Okay. So, as I understand it, you did not tell Major White that the entire--that you considered the entire discussion inappropriate? You just told him that the portion of the conversation regarding the Holocaust was inappropriate, is that correct?
A. Yes, sir, that would be accurate.
Finding of Fact #12 - That during the two week training period Fox had a conversation similar to the two already mentioned with Captain Tye. This conversation focussed on maintaining "pure bloodlines" to keep the white race strong so that it would not succumb to the other races.
Captain Tye testified that he and Major Fox had a very brief discussion, and that Major Fox did not make any statement concerning "keeping the white race strong".
Q. (By Recorder) Did you have any other conversations or encounters with Major Fox?
A. (By CAPT Tye) A couple of days later, after lunch, Major Fox had an article, a Newsweek article, the Browning of America, and he showed it to me and we had a very brief discussion concerning the article. I didn't really spend a lot of time with him or it at that time. It.seemed to be that the white males were becoming a minority in America or will be a minority in America by the year 2020, losing their political and economic power.
Q. Did be give his opinions as to whether or not he thought that that particular change in society was good or bad?
A. We really didn't go into it at that time. We discussed the article briefly and he seemed kind of excited about it, but I think my response at the time was, you know, "who cares who the dominant party is, or how many people are coming into America as long as they make a positive contribution to the country."
Q. And what was his response when you made that statement?
A. That was pretty much the end of the conversation.
Q. (By Major Steffanetta): And in your conversations with Captain Fox, did he ever make any statements concerning keeping the white race strong so that it wouldn't succumb to other races?
A. (By captain Tye) No, sir, he did not.
Q. So, looking at Major White's report of investigation, we have a statement, you had a conversation, "That during the two week training period, Fox had a conversation similar to the two already mentioned with captain Tye. This conversation focussed on maintaining 'pure bloodlines' to keep the white race strong so that it would not succumb to the other races." That would be a false statement?
A. I believe so, sir.
Finding of Fact #13 - That Fox provided written materials to Capt. Tye which from their description were similar to those given to Maj. Davies and Maj. Krause.
Major Fox gave to Capt. Tye a copy of an article from Newsweek Magazine. Any other materials which Captain Tye received were given to him by Major Krause.
Q. (By Major Steffanetta) Yes, I do. Captain Tye, did Major Fox, at any time, ever provide any written material to you, directly?
A. (By Captain Tye) Just the one, and again, I thought it was a Newsweek article, that he handed me in class, on Browning of America.
Q. (By Senior Member LTCOL Newman: In paragraph 13 of Major White's preliminary investigation, he mentions, "That Fox provided written materials to Captain Tye, which from their description, were similar to those given to Major Davies and Major Krause." Captain--excuse me, Major Steffanetta just asked you if Major Fox presented you with any written materials and you said, just the Time magazine article. It seems like there is a disparity here because before the counsel presented you with three articles that you seem to recognize.
A. (By Captain Tye) Yes, sir.
SENIOR MEMBER (LTCOL NEWMAN): So----
RECORDER: If I could clarify that, sir, with a question. Some of the articles that captain Tucker showed, did you recognize, those were the ones that were given to you by Major Krause?
WITNESS: That's correct, sir.
SENIOR MEMBER (LTCOL NEWMAN): Okay. I see now.
CR: I think what you're getting at, Colonel, correct me if I'm wrong, is that Major Fox never gave those to Captain Tye.
SENIOR MEMBER (LTCOL NEWMAN): That's correct.
CR: And, in fact, that's what paragraph 13 says, "That Fox provided written materials to Captain Tye, which from the description, were similar to those given to Major Davies and Major Krause."
SENIOR MEMBER (LTCOL NEWMAN): Well, I was trying to determine the validity of that statement as it applied to Captain Fox.
RECORDER: And he did get one article, the one that he has talked about.
SENIOR MEMBER (LTCOL NEWMAN): Okay. So, you received one article?
WITNESS: Yes, sir.
RECORDER: Also, sir, for the record, these other articles, they did not come into the possession of the government. The only ones that the government had were the ones that are with Major White's report. The government didn.t see any of these others. They were in the possession of the respondent until today.
SENIOR MEMBER (LTCOL NEWMAN): So, the article that you received is not the same articles that Krause and Tye received -- Krause and Davies received; that was a different article, correct?
WITNESS: I believe they were the same articles that Major Krause received, sir. My understanding is that Major Fox gave the articles to Major Krause, who gave them to me.
SENIOR MEMBER (LTCOL NEWMAN): Okay. But the article that you personally received from Major Fox was not the same article that you had received?
WITNESS: Correct, sir, that's correct.
Finding of Fact #14 - That Capt. Lammers, although not present during the conversations mentioned above, is aware that these conversations took place and understood from talking with other Officers that Capt. Fox was promoting "pro-Aryanism" and "white supremacy".
Please note that this is the grossest of hearsay, and that the testimony established that Major Fox did not "promote" anything.
Finding of Fact #15 - That based on the conversations I had with the above mentioned Officers I learned that there are a number of additional Marines, both Officer and Enlisted, in the New York city area that have had experiences with Capt. Fox similar to those described above. Due to the preliminary nature of the investigation these Marines were contacted and their experiences confirmed but I have not included their names, which are available should a more in depth investigation be initiated.
Please note the one-sided view of this "fact". Again I point to the fact that Major White made no effort to contact Colonel Cherico or Major Fox' commanding officers or members of his unit (two of which came and testified on his behalf at the Board of Inquiry).