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Air Force completes Article 32 Hearing for former AFMC command chief *FINAL UPDATE

  • Published
  • By 375th Air Mobility Wing Public Affairs
WRIGHT-PATTERSON AIR FORCE BASE, Ohio --  After three days of testimony from 13 witnesses for the government and five witnesses for the defense, the Air Force concluded its Article 32 hearing May 28 for Chief Master Sgt. William C. Gurney, who was charged Feb. 24 with 18 counts of Uniform Code of Military Justice violations.

The hearing was convened at Wright-Patterson Air Force Base, Ohio, where Chief Gurney served as the Command Chief for Air Force Materiel Command. He was removed from his position in November 2009 when a Senior Airman came forward with accusations of sexual harrassment and assault. An investigation was conducted by the Office of Special Investigations and on Feb. 24, 2010, the Air Force preferred 18 charges against him alleging violations of the Uniform Code of Military Justice. During the proceedings, one specification under Article 92, failure to obey an order or regulation and dereliction of duty, was withdrawn. However, an additional seven specifications were presented for the Investigating Officer to review, to include allegations of wrongful sexual contact, rape, indecent exposure, an unprofessional relationship and obstruction of justice.

In the first day of testimony, six witnesses were called to discuss allegations of misconduct.  The first three witnesses gave testimony of interactions they had with the chief, and were not named in the charges that were preferred in February. A Master Sergeant discussed allegations of misuse of his official position and other suspected misconduct. A chief master sergeant gave witness to Chief Gurney's phone and Blackberry records. Another chief master sergeant discussed e-mail traffic he had with Chief Gurney regarding the hiring of an Airman for an administrative position.  Then, two female Airmen, a staff sergeant and a technical sergeant, testified to the nature of their sexual relationships with the chief, and a third female Airman, a master sergeant, alleged sexual assault.

In the second day of testimony, the Air Force called another six witnesses. The first Airman to testify, a staff sergeant, was not included in the original charge sheet.  Her testimony related to the allegations of  the chief not maintaining a professional relationship with her and indecent exposure.  The next two Airmen,  a master sergeant and a staff sergeant, also gave testimony about unprofessional relationships between themselves and the chief . The fourth Airman, a senior airman, testified to unwanted sexual advances and harrassment. The fifth Airman, a technical sergeant, testified of her sexual relationship with the chief. The sixth Airman to testify, a senior airman, spent hours on the stand being questioned and cross examined as it was her complaint against the chief that launched the investigation and led to him being removed from his position. She testified of the unwanted sexual advances and alleged sexual assualts that occured. There was one defense witness, a chief master sergeant, who provided his statement via video teleconference.

The third and final day of testimony, a female master sergeant testified to her sexual relationship with the chief.  The next four witnesses were called on behalf of the defense and testified primarily to the credibility of the senior airman who launched the initial complaint.

The Investigating Officer will now prepare a report recommending disposition of the charges, which could include dismissal of the charges, use of administrative actions, referral to a special court-martial, or general court-martial. That will be reviewed by Col. Gary Goldstone, commander of the 375th Air Mobility Wing, Scott AFB, Ill., who is the Special Court-Martial Convening Authority.

If the case proceeds to a court-martial, the trial will be held at Scott AFB, Ill.

Chief Gurney remains on duty at Wright-Patterson AFB, and the Air Force chose to hold the Article 32 proceeding here for logistical simplicity. The military justice system is intended to provide for the just determination of accusations. In every case, an accused Airman is presumed innocent until and unless proven guilty.