Sergeant Claims Superior Officers Retaliated

OKLAHOMA CITY, Ok. (CN) - An Army sergeant claims that three officers conspired to sabotage his career after he testified truthfully against them in another officer's harassment lawsuit. Sgt. First Class Douglas Bork claims that Lt. Col. Stephen Carroll, Col. Gregory Ford, and Sgt. Major Deral Adams canceled his remobilization orders and had him removed from his unit to retaliate for Bork's testimony against them in a complaint filed by Bork's immediate superior, Maj. Matthew Sanchez, who is not a party to this federal complaint.

Bork, who testified on May 27, 2009, claims Adams called him and threatened him on July 1 that year. On July 17, Bork says, Adams read him an official "Memo of Concern," dated July 10, that punished Bork by canceling his remobilization orders with the Army's 2nd Battalion 290th Regiment, saying, "he was no longer needed."

In August, Bork says, he applied to and was accepted for mobilization in the 3-290th. Bork spent 24 days drilling with the unit, but during that time the defendants met with the unit's officers to change their minds about accepting Bork, the complaint states. On Aug. 24, Bork said he was told he was no longer welcome to mobilize with the brigade.

"When plaintiff subsequently asked Lieutenant Kirkchen why plaintiff was no longer welcomed to mobilize, Lieutenant Kirkchen said it was the direct result of defendant Adams' and Ford's meeting with Colonel Russell," the complaint states. "Plaintiff was told the same thing by Command Sergeant Major Iserman."

Bork said he received his best performance rating on Sept. 30, 2009, but Carroll issued a non-concur to the rating listed by Bork's direct supervisor, which almost certainly will prohibit Bork from advancing or earning more pay.

Before Bork's testimony against the defendants, he received excellent evaluations. He claims that Adams selected him as the 2-290th NCO of the Year, and nominated him for "First Army NCO of the Year" - two weeks before Bork submitted his testimony.

Bork seeks damages for violations of his rights to free speech and due process; a ruling reinstating him as a mobilized soldier; a ruling clearing all of the derogatory remarks on his record made by the defendants; and a ruling prohibiting the defendants from continuing any retaliatory acts against him.

Bork is represented by Janet Roloff.Secretary of Defense Robert Gaines is named as a defendant along with Carroll, Ford and Adams

Follow @@joeharris_stl

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit