All that Glitters is not Gold: The Daugherty Incident

Fools’ gold looks like gold, feels like gold and even gleams like gold, but it is not gold. What it is? It is a dream taker and hope slicer. An argument can be made that the military is a dream taker and hope slicer. Often leaving a service member in worst shape than when they entered the military. The military portraits itself as a legitimate opportunity with their guarantees, benefits, and mantras. Eventually the true nature of the Military is revealed.

Take for instance Brett Daugherty, a retired soldier of the Washington National Guard. If you were to Google his name, along with Major General and Adjutant  General of the Washington National Guard (MG Brett Daugherty) your search will show a page that reveals an  impressive military career, serving both in the active Army and National Guard of Washington. Yes, his record is impressive as demonstrated by position, promotions, awards, and status. No doubt you will be impressed and left in awe of his impressive record and outstanding service to his country. Undoubtedly, a person would conclude that yes, this man was an outstanding, honest, honorable, distinguished, ethical, professional, and credible person. But all that glitters is not gold.

What the record will not reveal were the times he acted unethically, unprofessional without honor, uncreditable and deceitful. What the records will not reveal were the times, he sacrificed soldiers, people under his command, both in the active Army and National Guard. What the record will not reveal were the times, he made false official statements, lied under oath, maliciously prosecuted a solder under his command, or aided other officers who engaged in such activity. Something a person must understand about actions; actions are rarely isolated.

While unethical actions that Daugherty undertook during his military service were not document, perhaps because people did not know better, the ones he dealt with in a bad way. They just walked away in shame and hurt. But something interesting happens in the course of time, the bad deeds always catch up with the person. Brett Daugherty, engaged in his behavior once too often, and it caught up to him.

The time was January 28, 1998, the day that the downfall of a credible soldier started, just months from retirement, at the hands of at that time, Lt. Colonel (LTC) Brett Daugherty, commander 1-168 Aviation Brigade, Fort Lewis, Washington.  As the commanding officer he made false official statements, causing the malicious prosecution of an innocent soldier. With the help of his executive officer, Major William Palmer Shaw, Executive Officer, members of the Camp Murray Judge Advocate General Major Robin Davis and a host of other officers of the Washington National Guard. What he did will be the focus of his website and blog posting. At this time, it is only necessary to share that based on the soldier unwellness to lie during an investigation in which another soldier was under investigation. Based on the soldier’s position, the soldier’s testimony agreeing with the charging documents was critical to legitimizing the investigation and supporting Daugherty’s punitive actions. The action sought by Davis and Daugherty was to remove the soldier from the National Guard, reduce their rank, and deny any retirement benefits. When the soldier refused to make false official statements, LTC Brett Daugherty and Major William Palmer Shaw used an innocent incident as the instrument of retaliation. Daugherty and Shaw’s action demonstrated how the military will take an unrelated incident, a statement of honesty as a weapon to punish a service member.

When we speak about the National Guard, it is important to understand that there are two types of position in the National Guard, the part time member and full-time member, also known as Active Guard Reserve (AGR). The AGR position is full time with full time benefit, it is as if the soldiers were in the active military. The soldiers affected by Daughter was an AGR guard member. The soldier at the time of the incident had served honorably in the Active Army and National Guard for 18 years. The soldier had less than two years before retiring with full benefits as a Non-Commissioned Officer (NCO).

Brett Daugherty and William Palmer Shaw meant to harm a soldier, use them as an example for not doing what they want. But the incident and subsequent twenty years of research into the incident illuminated the dark side of the military system, Judge Advocate General (JAG), congressional leaders and civilian courts. As a result of Daugherty’s actions, the soldier became aware of the Feres Doctrine. The Feres Doctrine allows officers to engage in unethical behavior without fear of consequences. What Daugherty meant as harm, illuminated the truth and as a result will help unsuspecting young men and women decide if the military is a good option.

Brett Daugherty’s actions were not isolated, but accepted military behavior by congress, civilian courts, White House, and military leadership in the Pentagon. The Daugherty incident, nineteen acts of injustice and other Supreme Court cases are case studies.