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William B. Fox Archive

   

 

18 October 1990

 

From: Captain Charles W. Tucker, JAGC, USN,
  Counsel for the Respondent, Naval Legal Service Office,
Philadelphia, PA 19112-5096
To: MajGen. Matthew T. Cooper, Commanding General,
  4th Marine Division (REIN) FMF
   
Subj: BOARD OF INQUIRY IN THE CASE OF MAJOR WILLIAM
  B. FOX, [SSN deleted here for privacy] /0201/3002USMCR
   
Encl: (1) Report of Investigation of Major Arthur E. White
  (Undated)
(2) Marine Corps Order P-5354.1
(3) DOD Directive 1325.6

 

 

1. As Major Fox's counsel in the subject proceeding, I am taking the unusual step of asking you for a personal review of the decision to send this matter to a Board of Inquiry. In the alternative, I am asking for an opportunity for Major Fox and/or myself to speak with you concerning this matter so that you may make a fully informed decision. In essence, our position is that this matter has been blown way out of proportion and Major Fox is being forced to show cause why he should remain in the Marine Corps for nothing more for what he thinks.

2. Statement of the case: In April 1990 then-Captain Fox attended a two week course in Coronado, California. During the course, he met Major Michelle Krause. On one occasion during the weekend in the middle of the course, Captain Fox encountered Major Krause in the hallway of the BOQ [Bachelor Officer's Quarters]. During that meeting, he invited her to dinner and raised some topics which he found of great interest in light of their mutual ethnic background (Norwegian), specifically, the ancient religion of Odinism, the changing racial/ethnic mix in the United States (as reported in the cover story of Time Magazine for 9 April 1990), and others. Captain Fox gave Major Krause several articles to read. Both were in civilian attire and this meeting occurred after working hours. Captain Fox considered this a private, personal conversation. [I spoke with Maj or Krause on the telephone. She told me that the entire conversation lasted about ten minutes; that Captain Fox did not use the terms pro-aryan, anti-semitic, white supremacist, etc.; and that he did not try to advocate any particular view but rather indicated that he felt the articles he had given her were II "interesting stuff" that she might like to read.] Major Krause declined Captain Fox's invitation to dinner and they had no other contacts/discussion concerning these topics for the remainder of their two week course despite the fact that they worked closely together in a professional capacity. [Editor's Note: Major Krause played the role of a command Intelligence officer in the staff planning course, and then-Capt. Fox served as her assistant Intel Officer]. Major Krause apparently found the topics of this conversation distasteful, and she reported the maitter to. Colonel Louis E. Cherico, the Senior Marine at the course. Colonel Cherico did counsel Captain Fox to the effect that some people might not take his comments in the way in which they were offered and that perhaps he should be more circumspect. Colonel Cherico then told Major Krause that he had spoken with Captain Fox, that he did not consider him to be a "white-supremacist" (for want of a better term), and that his views were not inconsistent with his First Amendment rights. Upon returning to Headquarters Marine Corps, Major Krause mentioned the incident to Lieutenant Colonel Peck (HQMC PAO) since at the time Captain Fox was in a PAO unit. Lieutenant Colonel Peck found these topics to be distasteful and consulted Marine attorneys in HQMC who apparently advised him to refer the matter to your command.

a. Major White conducted the investigation which is enclosure (1). Please note that that investigation contains no written statement from the witnesses, that Major White never contacted Maj or Fox for his version of events, that Major White never contacted Colonel Cherico, and that it contains conclusory opinions based upon hearsay upon hearsay. Apparently upon the basis of that investigation, the instant proceeding was directed. Concerning the incident with Major Davies on the airplane, Major Fox is adamant that he was in civilian attire, that the conversation was private and that Major Davies was an active participant.

3. The basic question is: What did Major Fox do wrong? I respectfully invite your attention to enclosures (2) and (3) to which Major White refers in paragraph 1 of his report, as the directives which Major Fox allegedly violated. There is absolutely no evidence that Maj or Fox did anything proscribed in those instructions. He held private conversations while off duty, with fellow (senior) Marine officers. There is no evidence that he conducted himself in any way that would bring discredit upon the Marine Corps. There is evidence that he is willing to research, evaluate, raise, and discuss "controversial" ideologies and "propaganda" covering the entire political and social spectra (left to right) so that he may be a more fully informed citizen and Marine Corps officer. Is that wrong? Indeed, based upon his knowledge of propaganda and ideology, Major Fox was requested to prepare the "psy-ops" appendix to Annex C to the operations order for the course exercise.

4. I am confident that anyone who has ever spoken to Major Fox will tell you that he is very vocal and energetic in his willingness to discuss a wide variety of topics including the decline of competitiveness in America, the revisionist theory of the Holocaust, the attack on the USS LIBERTY, and the Odinist religion. However, Major Fox discusses these topics in an academic manner designed to provoke discussion and examination of the issue and not necessarily advocate a point of view. Such discussion is entirely appropriate for any citizen interested in (not to say concerned with) the political, social, intellectual, and economic currents in America today. It is certainly not illegal behavior and does not evidence failure to demonstrate acceptable qualities if leadership. In my investigation on behalf of Major Fox I have discovered that there are many who take his comments/discussions in the manner in which he conveys them--this is "interesting stuff" you might wish to read about. Unfortunately, I have discovered that there are others who are not willing to discuss such issues with an open mind and are suspicious of the motivation of anyone who does. I respectfully request that you speak to indiv£duals such as Colonel Cherico (previously mentioned) ([SSN deleted to preserve privacy]), Lieutenant Colonel Ballard (Major Fox's Operational CO) and Lieutenant Colonel Wire (Major Fox's Administrative CO) to obtain their perspective of his "behavior" in this regard.

5. Finally, I have a personal (and professional) perspective. In my previous billet, I was. the legal advisor to the Assistant Secretary of the Navy (Manpower and Reserve Affairs) and reviewed literally hundreds of administrative discharges of officers and enlisted from the Marine Corps and the Navy. During my three years in that position, I never once saw a case which came even close to advocating the discharge of an officer from the Navy or Marine Corps on the basis of private conversations.

6. All we are asking is that some further, dispassionate and objective investigation be conducted to determine if there is in fact sufficient ground to have Major Fox be forced to show cause why he should remain in the Marine Corps on the basis of what he may have said in a private conversation. (We adamantly maintain that in any context he said nothing "wrong" or even inappropriate). Only after you have all of the facts can you make a fully informed decision as to whether or not this matter should proceed to a board which could be costly in terms of time and resources. We are confident that you will conclude that it should not. If you require further information from me, I would welcome the opportunity to meet with you or to speak with you on the telephone (A/V 443-6593 or (215) 897-6593). Your prompt personal attention to this matter will be greatly appreciated.

 

CHARLES W. TUCKER


Copy to:
Major Fox (w/o enclosures)
SJA, 4th MARDIV (w/o enclosures)

 







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