A Grave Situation

A Grave Situation

A source I trust inside the Army suggested I ought to be following up on a story I first reported on last year when I was at CNN, namely the case of a “whistleblower” at Arlington National Cemetery who seemed to be suffering retribution for her advocacy on behalf of families and freedom of access for the media.

Gina Gray lost her job in the process, but the policy at Arlington was modified to begin to accommodate the wishes of families who want media coverage, although rules are still restrictive, and do not give families final say.

Meanwhile an investigation of what happened to Gray, a former soldier and Iraq veteran, has turned up a lot of questionable practices at Arlington, “shenanigans” as Gray once called them in a informal conversation with me.


Veteran Investigative reporter Mark Benjamin, who now writes for Salon​.com has been documenting the discoveries, (you can read his latest report, and the related stories that he’s done here: Millions in contracts, no work completedSalon​.com)

But I also emailed Gina Gray to ask her what’s up with her case, and she sent me a detailed response, which I am posting.

It’s a sordid tale that shows, as Gina says, “a disturbing pattern of misuse, abuse and callousness has emerged at Arlington, with no movement by the Army to correct the situation.”  It includes allegations of misplaced bodies and shoddy care, an instance in which personal data of deceased soldiers sent to a contractor who was later was arrested on sex charges.

Here’s Gina’s letter, in its entirety:

Jamie,

Since your reporting last summer on Arlington National Cemetery officials’ efforts to thwart media access to funerals despite family’s requests to allow media coverage, and my subsequent firing, things have taken on an “Alice in Wonderland” quality– with events getting “curiouser and curiouser,” to quote C.S. Lewis.

In this case, the white rabbit is accountability.  After media reports in the summer of 2008, Army officials did change the policy at Arlington with regards to media access, but restricting the press was just a minor infraction, given all of the developments that have come to light in the last year.

A months-long Army CID investigation that ended in May 2009 “established Mr. HIGGINBOTHAM committed the offense of False Statements when on 16 Oct 08, he made false and misleading statements to agents from this office regarding access to Ms. GRAY’s email account and government computer.”

The report further goes on to state that Arlington officials were guilty of wire fraud-something that not only violates Department of Defense and Army regulations, but is also a federal crime.  A Freedom of Information Act request for the full investigation has been denied by the Army, stating that it “could affect pending or on-going administrative/disciplinary actions.”  The investigation was concluded in May, and it wasn’t until this past summer, when specific questions were asked regarding the punishment of ANC officials, that the case seemingly was reopened (or from the Army’s standpoint, never closed).  However, at this time, no punishment has been doled out for the offenders, all who are still employed in high-level government positions.

A Department of Defense Inspector General’s report on the command climate at Arlington National Cemetery was also concluded in May 2009, and then sent to the Army, where it is still “under review,” with no anticipated release date.  Numerous attempts to determine the inexplicable holdup of this case have gone unanswered, and it would seem the Army has gone out of it’s way to hold up publishing the results.

This past July, Mark Benjamin from Salon​.com started reporting on the problems at Arlington, first writing on the CID report’s apparent fall through the cracks and then the rehiring of a wanted sex offender by Thurman Higginbotham to work on computer equipment that held thousands of sensitive personal information such as social security numbers and birth dates of deceased service members and their families.  Then, there was the contract mismanagement involving millions of taxpayer dollars, apparent preferential awarding of contracts to Higginbotham’s friends with no return on investment, and the latest and perhaps most troubling-a body at Arlington was just christened with an “Unknown” headstone-the first time since 1984 that this has occurred.

When a casket was discovered in 2003 in a grave that was supposed to be empty, Arlington officials didn’t report it, they buried it, and with it-they thought-any evidence that would show the seemingly empty plot had a body beneath it.  For six years the grave sat unmarked until internal documents were leaked revealing that there was, in fact, a body in the grave.  This wasn’t an old section of the cemetery, or an old casket-this is in what cemetery officials refer to as an “active section,” meaning that burials are held there weekly.  After Benjamin reported on this, officials didn’t do the right thing and attempt to identify the body, but instead put up a headstone that simply said “Unknown.”

It’s unknown due to bureaucratic error, due to poor management and due to lack of accountability, but I think the real unknown is why nobody has been held responsible for the gross violation of public funds, and more importantly, public trust.

The Army launched an official investigation, but the outcomes seems to be swayed by the very bureaucrats that helped put Arlington into the mess that it is today-the Superintendent, John Metzler, enjoys close relationships with the Army organizations and leaders that oversee Arlington, and the Secretary of the Army’s office met with him earlier this week to be briefed on the situation(s) there.  There are almost a dozen separate ongoing investigations going on regarding Arlington officials, and that alone should be telling to investigators.   One investigation could be seen as an honest mistake, but a dozen?  A disturbing pattern of misuse, abuse and callousness has emerged at Arlington, with no movement by the Army to correct the situation.  Numerous letters to Congress have gone unanswered, and the General Counsel for the Senator Levin’s staff, when told of this matter, was uninterested stating that, “it’s not something of interest.”

Officials violated the sanctity of the mission that is at the root of Arlington National Cemetery-to preserve the memories, the honor and the sacrifice of those who have served.  By continuing to accept this type of behavior, we are passively saying that this is acceptable behavior-that the warrior ethos that American service members are held to, and the values of American liberties that they die to protect, stop with government officials.

Veteran’s action groups and the American public should demand their Congressional representatives become involved and launch a full scale investigation into the practices of Arlington National Cemetery, and maintain oversight over all investigations. It’s time that Department of Defense leaders, Veterans and the American public hold Arlington officials accountable for their actions, at least to the very minimum standards that they demand of those who have earned the right to be buried there.

Gina Gray is an 8 year veteran of the US Army, and served in OIF 1, 2 and 3.

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I am glad someone has the nuts to stand for the soldiers that are not able to fight for themselves. I have a friend that needs help and I wish that I had a way to help him. Gina you get many kudos from me on this. I remember seeing many flag draped silver boxes being put on planes and to think that some of our boys and girls were done wrong burns me up inside. If you need me for anything let me know I am their for those who made the ultimate sacrifice for our land.

“…with events getting “curiouser and curiouser,” to quote C.S. Lewis”

It was Lewis Carroll in “Alice’s Adventures in Wonderland”, actually.

Ok, as an initial caveat, I am Gina Gray’s attorney.

Now that I got that out of the way, it is extremely disappointing to see the mainstream media completely ignore this story.

On this sacred Veterans Day when we remember our fallen warriors and honor those who have served and still serve so that we can cherish the freedoms we now hold, I am shocked that the news outlets are declining to go behind the façade of our most treasured burial site Arlington National Cemetery and ask why, to date, there has been silence as to the transgressions, incompetence and, quite literally, fraudulent behavior that has been allowed to continue unnoticed and unabated.

It is time that something be done to expose the skeletons that work above the ground at the same time as honoring those who rest beneath it.

Just consider the following:

Gina was fired in June 2008 as ANC’s Public Affairs Officer after complaining to Army officials and Senator John Warner about media access restrictions and contract improprieties. Her story was only sparsely reported, primarily amidst incorrect perceptions that the actions were part of a politicized effort by the Bush Administration to stifle war opposition. In fact, what was actually at issue was the exposure of the fiefdom that existed at ANC particularly concerning the top two officials, Superintendent John Metzler and Deputy Superintendent Thurman Higginbotham, who have literally controlled ANC for four decades with little to no oversight. Ms. Gray filed an EEO complaint prior to her termination alleging racism and a hostile work, claims that were supported by numerous past and current ANC employees. The case is now before the EEOC.

In October 2008, the Army’s Criminal Investigation Command (otherwise known as CID) opened a criminal investigation into allegations filed by Ms. Gray pertaining to her employment at ANC. The final CID report dated May 18, 2009 concluded that “person(s) unknown, committed the offense of Unauthorized Access to a U.S. Government Computer and Wire Fraud when they accessed Ms. GRAY’s ANC email account and sent an email reply from the account purporting to be from Ms. GRAY.” More importantly, and truly stunning, was that the “[i]nvestigation established Mr. HIGGINBOTHAM committed the offense of False Statements when on 16 Oct 08, he made false and misleading statements to agents from this office regarding access to Ms. GRAY’s email account and government computer.” In a witness statement a senior ANC official with direct knowledge of Mr. Higginbotham’s activities also directly alleged he lied.

Also in October 2008, the Defense Department’s Office of Inspector General opened an investigation into the wrongful termination of Ms. Gray and her protected Whistleblowing activities. The DoD OIG report was completed in May 2009 yet six months later has still not been publicly released due to intentional efforts by the Army to torpedo the findings. It is a cover-up, plain and simple. Our sources tell us the report finds in clear favor of Ms. Gray.

An investigation into Deputy Superintendent Higginbotham reveals that he is holding himself out as “Dr.” Thurman Higginbotham on the website http://​www​.roadsinc​.net, which purports to be an organization of funeral professionals for which he serves as CFO, even though he has never graduated from an accredited academic institution that entitles him to use of the “Dr.” designation. The website also directly links Mr. Higginbotham to ANC which, as we understand it, violates Army regulations. More striking is his bankruptcy proceeding that was overseen by the U.S. District Court for the District of Maryland, Case Number 98–23149, which reveals he has a prior criminal conviction from on or after November 15, 1990, for having caused personal injury or death of another by his unlawful operation of a motor vehicle while intoxicated from using alcohol, a drug, or another substance. Yet another unknown criminal conviction from on or after October 22, 1994, is listed as significant enough to be excluded from the discharge of his debts. Other lawsuits reveal a history of family turmoil, including claims against him by his own father and siblings, which no doubt contributed to the negative attitude and retaliatory actions he has emboldened himself to take against subordinates and military Army officers who challenged, or were simply perceived to have challenged, his actions.

On July 15, 2009, Ms. Gray filed a FOI/PA lawsuit against the Army for release of the CID report. The Army has been fighting the case on the basis that release of the requested records could “affect administrative/disciplinary action”. Yet, as far as anyone knows, absolutely no action has been taken against Deputy Superintendent Higginbotham.

Deputy Superintendent Higginbotham was also directly connected to an ANC contractor, Bobbie Garrett, who was also targeted for unlawful activities by Army CID as part of Ms. Gray’s investigation. He was arrested this Summer on 15 counts of child sexual molestation.

Evidence also surfaced this Summer that ANC could not accurately account for the burial of bodies. In a little known 2008 report to Congress, ANC officials admit to not knowing if their burial records were accurate. After initial denials of one particular grave, ANC officials admitted to not knowing the identity of the remains of at least one gravesite. Even though approximately $10 million dollars has been spent on updating and computerizing the burial records system at ANC, apparently exists to show for it. Suspiciously, Deputy Superintendent Higginbotham has been awarding contracts to the same group of individuals who strangely move from one company to the next, pocket the money but perform little to no services.

Senior Army officials, to include Military District of Washington Commanding General, Brigidier General Karl Horst, whose daughter conveniently now handles public affairs at ANC, and the Secretary of the Army and his senior staff, are fully aware of ANC transgressions and illegalities but have done nothing.

Members of Congress, most notably Virginia Senators Warner and Webb and Congressman Jim Moran, all of whom have ANC in their jurisdiction, and the relevant oversight Committees have been informed of the ANC transgressions and illegalities but have done nothing.

The only media publication that has focused on parts of this story has been Salon​.com. While the reporting has been excellent, no mainstream media has picked up on their efforts. It is if they are shouting into the wind and no one wants to hear. This is a travesty and a disgrace and dishonors those whose remains rest within ANC and those who shall one day find themselves there.

This story cannot die as those who are buried in Arlington did. They deserve better.

Mark S. Zaid, Esq.
Mark@MarkZaid.com

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