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Wednesday, February 26, 1997

'Happy Bus' whistle-blower demoted, fined for insubordination

SAN ANTONIO (AP) - A sergeant who accused the Army of retaliation after he brought the riotous "Happy Bus" trips to official attention has been broken in rank and fined.

A Fort Sam Houston court-martial panel on Monday demoted Sgt. Joseph Ortega to private and ordered that he forfeit $600 a month in pay for four months.

The court-martial had found Ortega guilty on Friday of two counts of failure to obey a lawful order and disrespect toward a non-commissioned officer. He was found not guilty of being absent from his place of duty.

Prosecutors alleged that Ortega did not follow the proper chain of command while filing grievances.

"We thought it was a little harsh," Ortega said. "But this panel had the power to give me a confinement and bad-conduct discharge, and they didn't do that."

The 40-year-old Army reservist argued that the charges were retaliation for his complaints against drill sergeants since December 1995, including a sexual misconduct complaint about non-commissioned officers and trainees during a trip to Nuevo Laredo, Mexico.

Five non-commissioned officers were disciplined last year because of the investigation into the "happy bus" trip, which allegedly involved drinking binges and sexual contact between students and their drill sergeants and instructors.

An Army spokesman said Ortega's complaints did not influence the its decision to investigate the incident.

"Ortega had nothing to do with the investigation into the trip to Laredo," post spokesman Phil Reidinger said. "Sgt. Ortega was recommended for court martial based on his conduct, and solely based on his conduct."

Until September, Ortega was on active duty as a medical trainee with the 232nd Medical Battalion. He remained on active duty while the court-martial was pending, but was returned to reserve status Monday.

Ortega said that even though he'd lose most of his income if his rank is reduced, he wants to stay in the Army.

"I am not getting out of the Army on my own," Ortega said. "I'll get my rank back. I still feel I am a good soldier, and I still believe there is a place for me in the Army."Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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