Internal documents and
e-mails show that Navy officials unfavorably doctored a
psychiatrist’s performance record after he blew the whistle on
what he said was dangerously inept management of care for
Marines suffering combat stress at Camp Lejeune, N.C. The
internal correspondence, obtained by Salon, also includes an
order to delete earlier records praising the work of the
psychiatrist, Dr. Kernan Manion, who was fired last September
after lodging his complaints.
Now top Navy officials are
tangled up in the blackball campaign. Soon after Manion was
fired, Rep. Walter Jones, R-N.C., asked the Pentagon about
Manion’s concerns about healthcare at Camp Lejeune. In a Dec. 17
letter to Jones, Navy Secretary Ray Mabus panned Manion’s ethics
and professionalism, presumably based on information Mabus
received about Manion from Camp Lejeune.
But Salon has obtained
internal Navy documents and correspondence that
suggest
officials at Camp Lejeune altered Manion’s favorable personnel
records after he went public with his concerns, adding new,
derogatory remarks similar to some of the information in Mabus’
letter to Jones.
As
Salon reported in November, Manion warned superiors, on
multiple occasions and in writing, that mental healthcare at
Camp Lejeune was overwhelmed with Marines suffering
psychological injuries from combat. It was a toxic environment,
Manion argued, that would only contribute to a rapidly
escalating suicide epidemic in the military.
Manion also warned the
situation at Camp Lejeune threatened to provoke a Fort
Hood-style explosion of violence, or one like the acts allegedly
carried out by Sgt. John Russell, who the Army says last May
executed five fellow soldiers at a military mental health
facility in Baghdad. Manion also claimed that troubled Marines
sometimes experienced harassment from superiors for seeking
help.
In one instance last April, for
example, Manion warned Cmdr. Robert O'Byrne, head of mental
health at the Camp Lejeune Naval Hospital, of "immediate
concerns of physical safety" due to mistreated Marines teetering
on the edge of violence. “There was -- and continues to be -- no
means of discussion of high-intensity/dangerous cases,” he
wrote. Later that month, Manion quoted to O’Byrne some Marine
superiors who were calling troubled Marines “worthless pieces of
shit” if they sought help.
Frustrated by what he said was
little reaction from O’Byrne and other superiors, on Aug. 30
Manion notified a series of military inspectors general about
the risk of “immediate threat of loss of life and/or harm to
service members’ selves or others.”
Manion worked as a contractor
for Spectrum Healthcare Resources, a subcontractor for NiteLines
Kuhana. The contractor told Salon that the Navy ordered Manion
fired on Sept. 3, four days after Manion wrote the inspectors
general. "The treatment facility at Camp Lejeune notified [NiteLines]
that Dr. Manion did not meet the Government's requirements in
accordance with the contract, and they directed he be removed
from the schedule," it reads. His termination dated that day
notice provides no explanation.
Manion saw a case of
retaliation. He has hired a lawyer. Manion also appealed to his
congressional representative, Jones. That is when Jones asked
for an explanation from the Pentagon last year.
Jones’ inquiry prompted the
Dec. 17 response from Navy Secretary Mabus. That letter includes
some stinging allegations about Manion. “Dr. Manion alleged he
was improperly terminated from his job due to the complaints he
raised concerning patient care,” Mabus wrote Jones. Not true,
Mabus said. “A review of the record revealed that Dr. Manion was
removed from the contract due to a sustained pattern of
non-compliance with numerous contract stipulations,” he wrote,
including absenteeism, disrespect and unprofessional conduct.
Mabus added that Manion had been “counseled on multiple
occasions but with little effect.”
While Manion’s activism likely
chafed some Navy officers, he was never counseled for poor
performance, he insists. “Nobody counseled me, ever,” he said.
Referring to Mabus’ letter, Manion added, “That was the first I
had heard of it.”
Jones told Salon he worried
that Manion might have been slandered. “We continue to monitor
this issue because we are concerned that Dr. Manion has not been
treated like a professional,” said Jones. “We intend to get to
the bottom of this because integrity does matter.”
The paper trail suggests Jones
is right.
Manion was fired on Sept. 3. A
lieutenant commander filled out Manion’s final performance
review, called an “exit PAR,” and signed it on Nov. 10, 2009.
The document, obtained by Salon, evaluates Manion as
“satisfactory” in every applicable performance category,
including his judgment, ethical conduct and ability to work with
peers.
On Nov. 14, Salon published
the first article chronicling Manion’s concerns about the
management of mental health care at Camp Lejeune. The article
included his allegation that he was fired for blowing the
whistle.
On Nov. 24, O’Byrne, the head
of mental health, e-mailed that lieutenant commander about the
exit evaluation. “I pulled it back,” O’Byrne wrote. “We need to
redo.”
O’Byrne sent the evaluation
back to the lieutenant commander on Nov. 30. “Please see section
VIII and XII of the attached specifically for comments I think
capture the essence of what we discussed last week,” O’Byrne
wrote.
In section VIII of this new
evaluation, Manion’s professional judgment, ethical conduct and
ability to work with peers had been changed from “satisfactory”
to “unsatisfactory.” A new paragraph, labeled XII, now included,
“Dr. Manion demonstrated poor ethical conduct and professional
judgment.” It added that Manion had “disruptive relationships
with his superiors and peers that had a negative impact on
patient care and clinic process.”
In a Dec. 3 email, O’Byrne
orders the previous, flattering version of Manion’s review
destroyed. “Due to the sensitive nature of issue [sic]” O’Byrne
wrote, “please immediately delete all copies of this PAR.”
The lieutenant commander who
filled out the original evaluation seems to have stuck to his
guns, insisting that Manion performed his job well. He wrote a
Camp Lejeune attorney on Dec. 16 that despite O’Byrne’s changes
to Manion’s records, “Kernan Manion was considered clinically
competent to practice general psychiatry,” he wrote. “I had no
specific concerns about his judgment or ethical conduct.”
In that exchange, the
lieutenant commander described O’Byrne’s changes to Manion’s
evaluation as “drastic.” He added that he was “instructed to
sign” the new evaluation.
O’Byrne declined an interview
request from Salon. “The allegations in question are completely
unfounded and untrue,” Camp Lejeune hospital spokesman Lt. j.g.
Mark Jean-Pierre said in a statement to Salon. (Despite numerous
requests, Jean-Pierre would not say which allegations are
unfounded and untrue.) He went on to suggest that Manion, or
perhaps Salon, was irresponsible. “The fact that such
accusations are being made against a senior naval officer with
an impeccable service record is not only wrong, but
irresponsible,” the statement says. It adds, “Officers are held
to the highest standards and any behaviors that contradict the
naval core values are not tolerated.”
Salon asked the Navy two
questions: 1) What is the basis for the derogatory information
about Manion in Mabus’ letter? And, 2) What is Mabus’ basis for
believing that information is accurate?
The Navy did not answer either
question. Instead, a Navy spokesman sent Salon a statement
saying the Navy had already investigated Manion’s original
concerns about healthcare at Camp Lejeune. “The allegations made
by Dr. Manion concerning mental health services being provided
at Camp Lejeune were thoroughly reviewed in a recently completed
quality assurance investigation,” Navy spokesman Lt. Justin Cole
said in a statement to Salon. Cole also added that Navy would
not share the results of that investigation. “The results of the
quality assurance investigation, to include its findings and
recommendations, are not releasable.” Cole insisted, however,
that Navy officials were taking unspecified “action” in response
to the results of that investigation.
The contractor that hired and
fired Manion did not respond to a request for comment on the
changes to Manion's Navy personnel records.
Manion insists he never heard
a word about his allegedly poor performance until he reviewed
the documents obtained by Salon through multiple sources.
Indeed, after his termination by the contractor back in
September, Manion wrote the Navy Medical Logistics Command
arguing that his otherwise-clean record provided further
evidence that he was fired in retribution for blowing the
whistle. “Given that I have received no allegations of
wrongdoing by any party throughout the course of my employment
and given that this termination occurred in the immediate
context of my having filed an emergency complaint with the
inspector general’s office,” Manion wrote Sept. 30, “I am
concerned that your office may not have been aware of such an
action having been taken.”
Now that this new paper trail
has emerged, Manion has responded by firing off a series of
letters to Camp Lejeune officials, including O’Byrne and
Manion’s former contractor employer, requesting access to his
own personnel files. “I think it is both fair and important that
I have the immediate opportunity to review my full personnel
assessment, particularly that which pertains to…blatantly false
characterizations, so that I may respond in detail to it.”
Manion says he recently received a response from the hospital
commander at Camp Lejeune, Capt. Gerard Cox, saying Camp Lejeune
would process his request through the Freedom of Information
Act.
Eugene Fidell, a professor at
Yale and president of the National Institute of Military
Justice, said it is unclear whether tinkering with Manion’s
performance record could result in judicial punishment. It is
possible it might violate any number of complex military
regulations governing performance evaluations.
Wasting time smearing Manion,
however, also seems like a misplaced priority for Navy mental
health officials battling an unprecedented military suicide
epidemic during the wars in Iraq and Afghanistan. In 2008, for
example, 42 Marines committed suicide and 146 tried to do so.
During the recent Pentagon's second annual Suicide Prevention
Conference, the military announced that 52 Marines committed
suicide in 2009, surpassing the national average.
Manion agreed. “That’s
precisely what I was trying to address,” Manion said. “It is a
crisis of suicides.”