The unsigned memo from Supt. Draper Kauffman is one of the documents that substituted for the official conduct report. There was no relationship to the resignation I was forced to sign. Kauffman's attorney, with knowledge that he was falsifying a document, would likely have recommended to him that he not sign the document.

Admiral Kaufffman (Superintendent)

The unsigned memo (PDF file)from Supt. Draper Kauffman is one of the documents that substituted for the official conduct report, copies of which memo I saw for the first time on appeal starting in 1991 – 25 years after my summary dismissal and with no relationship to the resignation I was forced to sign.  No official conduct report was ever presented to me, recorded in the Main Office log or forwarded to the National Personnel Records Center as required by law. The memos were replete with errors.

Kauffman's attorney, with knowledge that he was falsifying a document, would likely have recommended to him that he not sign the document.

For openers, Kauffman's unsigned memo stating charges against me was dated 1/19/66 and referencing a later resignation dated 2/2/66 suggesting that the Admiral had sought prior approval for my summary dismissal before calling me into his kangaroo court. My resignation came immediately after the kangaroo court and during spring break when the rest of the Brigade was gone - preceeding the 2/2/6 date. I have never learned the significance of changing the resignation date and the resignation document was destroyed in violation of the law.

Furthermore, I was accused of falsifying a muster report on the evening of Dec 18, 1965 which was factually impossible because the brigade of midshipmen went on Christmas leave at noon on Dec 18.  Facts were never an issue.  On appeal, the Academy recognized the date error as a  “typo” and changed the date to the evening of Dec 17 and then rejected a half dozen FOIAs for the policy on liberty for the evening before the start of Christmas leave.  With liberty there was one muster report after evening meals.  Without liberty there were two musters after evening meal.  And there was no liberty the evening before the start of Christmas leave because of prior fatalities reportedly caused by late night partying followed by an all day drive.  So there were two musters that evening with the first one delayed because of festivities in the mess hall  (acknowledged in Academy records) after the evening meal marking a milestone for first classmen.

For the second issue, when Dyer was absent for the first muster, Pete Abel (dismissed for a subsequent honor offense) told me that he had been present at the designated time but left before the delayed muster.  I had the right to report Dyer present under the honor system.  When Dyer didn’t show for the midnight muster, as noted above, Gadberry and I agreed to report him absent, unaware of the Navy Brat agreement to cover for Dyer’s absence – a clear honor offense for the Brats.  I was asked in a brief meeting with Kauffman and the other officers if I signed the muster report.  I acknowledged having signed the muster report, thinking he was referring to the first muster report.  I was then forced to sign the resignation document after verbal threats in a private meeting with Supt Kauffman in his office to destroy me if I didn’t sign. His logic was that because I had an outstanding record he was going to make an example of me - although it is difficult to understand how he made an example of me when all documents were done in secret - everything "under the table".

When the Admiral/Superintendent tells you that you are gone, you are gone unless you have some powerful political connections. The limit for a first classman (senior) was 150 demerits under the conduct system and that number could easily be reached by a "motivated" company officer within a week (one bad performance evaluation ends your career). Any challenges to the company officer could have been addressed as insubordination which could have been a dismissable offense in itself.

The fraudulent performance reports were a confirmation of those threats. The forced resignation was in no way related to the subsequent unsigned memos from Supt. Kauffman and Commandant Kinney and was subsequently destroyed in violation of the law.

I learned 25 years later that I had confessed to signing the midnight muster with Dyer present.  The norm for filing an official conduct report for a black and white issue was about 24 hours with a prompt login at the Main Office. In contrast, It took Kauffman 7 weeks to orchestrate a cover-up.

And the third issue was that classmate Ray Gadberry submitted an affidavit contradicting the unsigned memos because at my direction Ray had reported Dyer absent for the midnight muster. 

The lesson learned here isthat officers who would not hesitate to lay down their lives in combat will consistently act to protect their careers when given an order that they know is improper or illegal. The honor system ends the day you graduate from the Academy. After that it is total loyalty or out as demonstrated by Capt Barlow - see perjury tab. Same as beltway politics.