of those who tacked-on his Dolphins, all of whom were believed to be his friends, some of them career Navy and chiefs, and many with wives and children to support. It also had the effect of discouraging the hazers from coming forward and encouraged them to pressure Dennis to refrain from revealing their names. (exh 12 &15). At approximately 5:00 p.m., the crew was allowed to leave the boat. MM3 Schutter had a conversation with Dennis at the bachelors enlisted quarters (BEQ). Dennis showed Schutter the bruise on his chest. Dennis told Schutter that he got the bruise the same way others did in the past. Schutter said that Dennis told him that the command seems more interested in finding the individuals who did the "tacking" than they were with his health. About 5:30 p.m., on Friday night, Dennis and his roommate, TM3 Barreras, had a discussion in their bachelors enlisted quarters (BEQ) room. Dennis told Bafferas about his day. He informed Bafferas that he was the one that was supposed to be the victim and it ended up that he was the one that was going to get punished. MM3 Hoofard stopped by Dennis and Barreras' room and asked Dennis to give him a ride home. Hoofard told Dennis that he was going to MM2 Banks' room and for Dennis to come and let him know when he was ready to go. Minutes later, Dennis went to Banks' room and Bafferas followed shortly after. (exh 15, 21 & 31).

Some of the crew members who were in MM2 Banks' room on Friday evening were MM2 Banks, Chief Daue, MM2 Denning, MM3 Hoofard, MM3 Schutter, TM3 Barreras and Dennis. Discussions included the events of the day and providing Dennis with the reasons why he shouldn't give command the names of those who tacked-on his Dolphins. Dennis was told to "stick to his story." Banks said that Dennis told him that the COB had been yelling at him. The COB threatened Dennis that if he lost his command badge over the hazing incident, he would make the rest of Dennis' time in the Navy hell. Everyone in Banks' room with Dennis, except for Barteras, were known to have tacked-on Dennis' Dolphins or were highly implicated in the tacking on incident. All of those present were of higher rank and rating to Dennis. It is clear that as a result of this meeting, as well as meetings during the day, Dennis was convinced that he must not reveal the names. (exh 15, 19, 20, 21, 22 & 23).

Additionally, during this gathering in MM2 Banks' room, a former crew member of the U.S.S. Los Angeles, Jason Sand, was also consulted by telephone. Sand stated that he told Dennis that Dennis was right not to give the names and that Dennis was doing what a true submariner would do by standing by his crew members, and that if he did not want to rat on anyone, then don't do it. Sand said that Dennis knew that if Dennis was doing the wrong thing, then Sand would tell him so. It should be noted that Jason Sand was Dennis' "Sea Dad" which Sand described as one who teaches the sailors who are new to the boat and acts as their mentor. TM1 Fagen also was called that evening. Fagen was one of the two people that had immediately come forward and told the command that he had tapped Dennis' Dolphins. Those in the room wanted to find out exactly what Fagen had told the command to find out if they had been implicated. Fagen thought it sounded like they wanted him to be the fall guy. He was angry about the call. Dennis then spoke briefly with Fagen who advised Dennis to get out of that room. (exh 18 & 32).

Shortly thereafter, Dennis and MM3 Hoofard left Banks' room. Dennis drove to the mall where Dennis and Hoofard had dinner and played video games, to wait out the traffic. Hoofard told Dennis that he had told the command about tapping Dennis Dolphins, and that TM1 Fagen may have also made a similar statement. Dennis then asked Hoofard if Hoofard would get in trouble, or if Hoofard thought that Dennis would get in trouble. Hoofard told Dennis that he didn't know. Dennis took Hoofard home then returned to the BEQ and went to bed. Dennis received a phone call from a friend MM3 Tennyson, of another boat, who reported that Dennis was awakened by his call. Tennyson asked Dennis if he wanted to go out. Dennis declined because he had to work the next morning on the boat. (exh 15, 21 & 33). At 7:00 p.m., on Friday, October 13, 1995, the U.S.S. Los Angeles Command issued a SITREP (Naval wire message of a serious incident report) in which the hazing incident was announced. This SITREP was sent to CAPT Miller, Commander of Submarine Squadron One (COMSUBRON ONE); ADM Barr, Commander of Submarine Pacific Fleet (COMSUBPAC); ADM Zlatoper, Commander in Chief of the Pacific Fleet (CINCPAC); as well as other high ranking officials, such as the office of the Navy's Judge Advocate General, it indicated that its investigation was inconclusive, and that the ship would continue its investigation and carry out necessary, disciplinary actions. It indicated intention to reinforce previously conducted training. The SITREP closed with, "Final SITREP this incident" (exh 34).

Saturday, October 14, 1995, was a work day for the "A" division. They worked a full day from 8:00 a.m. to 4:00 p.m. That evening TM3 Barreras, MM3 Hoofard, MM3 Schutter and MS2 Villanueva took Dennis out to celebrate his getting his Dol

phins. Barreras said that Dennis remained upset about the hazing investigation but that they did not discuss it much that evening.

Sunday, October 15, 1995, Dennis worked on the R-12 plant onboard the U.S.S. Los Angeles with Chief Daue and MM2 Banks from 8:00 a.m. until about noon. Dennis then reported to LT Won in preparation for his Mast to be held Monday morning. LT Won stated that Dennis declined to offer any statement for the Mast (nonjudicial punishment). At about 3:00 p.m. to 4:00 p.m., MS 1 Clark overheard COB Norris talking to Chief Daue. They were arguing because the COB wanted to make Dennis cook. The COB stated "I want him to be available to the crew." (exh 28 & 35).

Later, Dennis went to the base bowling alley with MM3 Schutter to have lunch and watch football. Sunday evening TMSR Connolly watched TV and talked with Dennis, in Dennis' room, at the Bachelors Enlisted Quarters. Dennis briefly visited MM2 Banks then returned to his room to prepare his uniform for his Mast the following morning.

At about 8:00 a.m., on Monday morning October 16, 1995, the CO, CDR Boulden attended, along with other Squadron Submarine Commanding Officers, a staff meeting with the Commodore Captain Miller, the Commander of Submarine Squadron One (COMSUBRON ONE). This meeting was not held aboard the U.S.S. Los Angeles. It was held at Squadron One headquarters. During that meeting, Captain Miller received a telephone call from Admiral Barr, the Commander, Submarine Forces Pacific Fleet (COMSUBPAC). CAPT Miller asked CDR Boulden to come with him while he talked to ADM Barr. During this call, CAPT Miller related to CDR Boulden that ADM Barr was unhappy with the command saying their investigation was inconclusive. ADM Barr requested that investigation be completed. CAPT Miller then got all the Squadron Commanding Officers together and they all discussed this hazing incident. Two options were discussed regarding how to handle the hazing incident. One option was to play the father figure to Dennis to have him talk and tell who did it to him. The second option was to secure liberty for the ship's crew and continue to ask questions. (exh 25).

While CO, CDR Boulden, was at the Squadron staff meeting, XO Harris started the process for Dennis' Mast hearing. Dennis was brought to the XO and his rights were read to him. At this time, Dennis requested to speak to an attorney. The XO then called the legal office aboard the base to facilitate an attorney for him. (exh 25).

Also, while the CO, CDR Boulden, was at the staff meeting, MM1 Vinson called the U.S.S. Los Angeles to speak to the CO. MM1 Vinson was the Lead Petty Officer of Dennis' "A" division and Dennis and Vinson were extremely close. Vinson was not in Hawaii. He was in San Diego attending school. Earlier Vinson had received a call from Chief Jenkins, who is assigned to the U.S.S. Los Angeles. Chief Jenkins informed Vinson that the CO intended to take Dennis to Captain's Mast for disobeying a direct order. Due to the CO's unavailability, Vinson spoke to XO Harris. Harris gave Vinson a rundown of what had happened in the past 3 days regarding the hazing incident and the subsequent investigation. Vinson was well respected with command and thought that he might be able to help the situation. Vinson told the XO that he wanted to speak to Dennis. The XO said that he would find Dennis and for Vinson to call back in 10 minutes. (exh 19).

As Vinson called back 10 minutes later and he first spoke to XO Harris and then Dennis was put on the phone. Dennis said he was alone and could talk freely. Dennis told Vinson that he received his Dolphins and then got together with others for lunch. Dennis said that about one dozen people tacked on his Dolphins. Dennis filled Vinson in on the events leading up to refusing to be examined under order. Vinson talked to Dennis about his integrity issue and about why he was protecting these individuals. Vinson said that he knew that Hoofard and Fagen had come forward and maybe he should follow through with these examples. Dennis said that the COB was in such a rampage. COB Norris was saying to people that he (COB) was going to bust everybody that was involved, make sure they all went to Captain's Mast, and have all of them discharged from the Navy. Dennis said that he did not want to jeopardize their careers because they all had families. Dennis also said that he did not want to give the COB the satisfaction of ruining these people's careers. (exh 19).

As Vinson and Dennis' telephone conversation continued, Vinson asked Dennis if he would tell him who was involved and that he would talk to the CO in private about it, putting his own career on the line. Dennis thanked Vinson and said that he would take the heat on this one. Dennis said that he would go to Mast, take whatever they gave him, and everything would be over. Vinson told Dennis that as soon as Mast was over, the "witch hunt" would continue. Vinson continued that the CO and XO would be backed into a corner over this because they worked for people

who would not accept the fact that it was over. Vinson told Dennis that if that was his final decision then he supported him. Vinson also told Dennis to stay away from the COB and Dennis said that he would try to avoid the COB. Vinson then asked Dennis to get XO Harris back on the line for him. (exh 19 & 25, encl 5).

MM1 Vinson talked to XO Harris again. Vinson told the XO that Dennis was very strong and committed to his values. Vinson told the XO that the only thing that Dennis told him was that there was about a dozen people involved. Vinson then discussed with the XO, LCDR Harris, that this was too much peer pressure put on a 21-year-old kid. Vinson told the XO that Dennis feels that he is carrying the weight of the whole crew on his shoulders. Vinson told the XO that Dennis did not respect anyone in the Chief's Quarters because the COB led them. Vinson continued that the only one in command that Dennis would tell was him. Vinson said that if Dennis did not tell him, then Dennis would not tell anyone. Vinson told the XO that Dennis needed to avoid the COB. Vinson asked the XO to give a statement to the CO, CDR Boulden for him at Dennis' Captain's Mast regarding Dennis' performance and Vinson's personal feeling about Dennis. Vinson told the XO that Dennis' performance was unsurpassed by anyone he had ever seen. Vinson did not return from school in San Diego to Hawaii until October 30, 1995. (exh 19).

After the staff meeting at Squadron One, the CO, CDR Boulden returned to the boat. The XO, LCDR Harris told CDR Boulden that Dennis wanted to talk to an attorney. The CO informed the XO that ADM Barr had called during the Squadron staff meeting and told Captain Miller to direct CDR Boulden to continue their investigation as the SITREP had stated the Command's investigation was "inconclusive". ADM Barr felt "inconclusive was not good enough" for the Navy's policy of zero tolerance for hazing. The CO also informed XO Harris of the two options discussed by the Commanding Officers and CAPT Miller. (exh 251).

As a result of MM1 Vinson's disclosure to XO Harris that ten to twelve people were involved in the tacking-on of Dennis' Dolphins, XO Harris commented that this disclosure really "lit up my eyes," that he may have a more serious problem on his hands, and a cover up. XŎ Harris stated the CO, CDR Boulden, had told him the ship had an earlier hazing problem and he now felt there was a “clan” or gang working aboard. (exh 25, encl 7).

CDR Boulden made reference to a previous taping (hazing) incident aboard the U.S.S. Los Angeles. For that reason, he believed that a clan had resurfaced. Boulden's statement does not reveal that in the previous case, chief petty officers discovered the hazing in progress, stopped it, and reported it immediately. In Dennis' case, there are indications that chiefs may have participated, certainly discovered it, and did not report it. Dennis reported in the note attributed to him that CDR Boulden, Chief Macatantan and Chief Schildgin were aware of the tacking and did not report it. (exh 17, encl 1).

CDR Boulden then told XO Harris that he wanted to talk to Dennis. Dennis was brought to the CO's stateroom where they talked for about 20 to 30 minutes. The CO told Dennis he would dismiss the charges against him at Captain's Mast. The CO talked to Dennis about loyalty to him and the ship and how Dennis needed to tell the names so that he could do his job which was to maintain a skilled alert crew. Dennis told CDR Boulden that if he gave the names that he would have to put up with living with these same guys. CDR Boulden told Dennis that he could guarantee his safety aboard the ship. Dennis said he had to live with them in the barracks and command (CDR Boulden) could not guarantee his safety there. The CO, CDR Boulden, also told Dennis that if fifteen or twenty people came forward, he would have a counseling session. After this meeting, the CO told XO Harris that he was going to continue with the Captain's Mast. When later interviewed by RADM Giambastiani, Boulden stated that attorney representation was not discussed by him with Dennis. The Mast was conducted at approximately 9:30 a.m. without attorney representation provided. Members of the command spoke favorably on Dennis' behalf and the charges were dismissed. (exh 25 & 36).

After Dennis' Mast, at approximately 10:00 to 10:30 a.m., the CO, CDR Boulden, left the U.S.S. Los Angeles to go on vacation, turning command of the U.S.S. Los Angeles over to the XO, LCDR Harris. Before the CO left, XO Harris explained to the CO that the investigation would continue as he was taking it for action. The CO called the XO at about 12:30 p.m. before he departed the island. The CO confirmed that he was aware of the events as they were happening and that he was satisfied that the XO could handle the incident. (exh 25).

After his Mast, on Monday, October 16, 1995, Dennis returned to work on the R12 plant in the Auxiliary Machinery Room (AMR) with other crew members. (exh 15). Dennis' "A" division Chief, MMC_Daue, (worked in the AMR with Dennis) commented that he was at Mast with Dennis and the Mast was ultimately dismissed. Daue further stated that Dennis thought that would be the end of it, but it wasn't.

Daue said that during Monday, the COB talked to Dennis three or four times during the day. Daue knew this because the COB kept sending someone to get Dennis for him. Dennis told Daue that this was getting real old. (exh 22).

After his Mast, Dennis told MM2 Banks (a member of “A” division who worked in the AMR with Dennis) that the Mast had been dismissed and the CO told him that as soon as the Mast was over, he was done with this and did not want any more to do with this.

STS2 Craig spoke to Dennis while they were waiting in the lunch line. Craig asked Dennis what happened at his Mast and Dennis told him the charges were dismissed. Craig stated that Dennis appeared to be in good spirits after the Mast was dismissed. Dennis seemed relieved by his conversation with the CO, and the fact that a satisfactory resolution to the incident seemed possible if the participants would come forward. (exh 37).

About 11:25 a.m., on Monday, October 16, 1995, MM2 Banks went to talk to XO Harris in the XO's stateroom. Banks asked XO Harris if he got about 15 people together who would admit to tapping Dennis' Dolphins such that the cumulative effect would cause a bruise, would that prevent punishment of TM1 Fagen. (at this point, the crew knew that Fagen and Hoofard had admitted to touching the Dolphins and they were probably going to Mast). Banks also asked the XO could the group of fifteen or so get by with some type of group counseling. This seems to be an obvious response resulting from Dennis' earlier conversation with the CO, CDR Boulden, that the incident could be resolved in this manner. XO Harris told Banks that he didn't believe it was the cumulative effects of tapping the Dolphins that caused the bruise. After Banks left, XO Harris discussed Banks' attempt to the COB and later over the phone with the CO, CDR Boulden. (exh 25, encl 5).

MM2 Banks commented that the COB and the XO made announcements over the 1MC (public address system). They said the investigation into the hazing was not over. During the afternoon, they called peoples names over the 1MC and sent each person to a stateroom to be interviewed by two chiefs. Banks rephrased what Chief Daue said when Banks mentioned that Dennis was pulled out of his work area that day. When interviews of all persons involved were completed the COB got on the 1MC and said the command had received conflicting statements. Because of this, the COB said that they believed something happened and that the investigation was going to continue. (exh 23).

MM2 Denning (a member of “A” division who worked in the AMR with Dennis) spoke with Dennis on Monday. Dennis was angry and confused, Dennis couldn't understand why command was pressing the issue about the hazing. Dennis felt as if he was being made out as the bad guy instead of the victim. Dennis had hoped that Mast was the end of it. Dennis commented to Denning that he thought the COB was pushing the issue because it was "personal”. (exh 20).

At noon, XO Harris met with LT Salansky, the Squadron One Administrative Chief of Staff to discuss the hazing issue. COB Norris was present for this conversation but remained outside of LT Salansky's office. LT Salansky had been informed of the hazing incident by YNC Weaver prior to October 14, 1995. LT Salansky stated that he learned that Dennis had been to Mast that morning for his failure to obey an order to submit to a medical exam but that the offense was dismissed by the CO. XO Harris informed LT Salansky that two crew members had admitted to lightly touching Dolphins but the ship's investigation was otherwise stalled. The XO wanted to brief the Commodore, CAPT Miller and get the NCIS to help to investigate. XO Harris suggested a possible transfer of Dennis from the ship as, in the XO's words, "a carrot" to obtain information about the hazers. LT Salansky explained that he didn't have the ability to manipulate the personnel system that way, but knew there was a provision for expedient transfer if a genuine fear for personal safety of a member was involved. LT Salansky advised that he asked the XO if there was a reason to fear for Dennis' safety. The XO responded no and said that Dennis thought if he gave up names he'd be labeled a snítch. Dennis had already told CDR Boulden that he couldn't be protected in the barracks. Did CDR Boulden tell XO Harris? MM1 Vinson told Harris that Dennis said that about a dozen people were involved. LCDR Harris' statement indicates that he thought 12 to 15 people were involved. Was he willing to risk Dennis' safety knowing that many people would be influencing Dennis and had strong motivation to see to it that Dennis didn't talk? Did LT Šalansky say, the first thing we need to do is ensure this boy's safety? (exh 38).

At 1:00 p.m., the chiefs aboard the U.S.S. Los Angeles began conducting interviews with about thirty or so crew members. TM1 Fagen stated that the incident appeared to be much more serious on Monday. A lot of interviews were being conducted. Fagen was asked the same questions as had been asked of him before and he reiterated the same answers. Fagen said that it was his understanding the com

mand thought that Dennis had gone through a gauntlet, and everyone tacked his Dolphins. He further stated that his work area, the torpedo room is just forward of the machinery room where Dennis worked and he never saw anything like this. Fagen told command that he didn't think that was the way it happened. Fagen commented that as the day continued more announcements were made by the COB. COB Norris again announced that they will get to the bottom of this. The XO made some announcements also. (exh 12).

According to the LCDR Harris' hand written notes, at some point during the afternoon, he heard that the primary reason that Dennis was not talking about who tacked on his Dolphins was because Dennis was concerned for his own personal safety. XO Harris wrote "Thus, on Monday afternoon, I have the following info and beliefs:

-I believed 12-15 people were involved either directly or indirectly.

-O'Brien was not willing to give names because he claimed he was afraid for his safety."

LCDR Harris, COB Norris and the Engineering Department Enlisted Assistant (EDEA), Senior Chief Schildgin discussed the option of getting Dennis off the ship. Their reasoning was that if Dennis was concerned for his safety, and they could offer him an opportunity off the ship, Dennis might reveal the names of the people who hazed him. XO Harris' hand written notes further indicate that at this point, he also began thinking about the option of charging Dennis for withholding evidence. He wrote that his reasoning was twofold. The first was to add pressure to Dennis. The second was that Dennis deserved to be disciplined for withholding evidence. (exh 25, encl 5).

The interviews were completed at 3:30 p.m. At the completion of their interviews the chiefs discussed their findings with XO Harris. The general consensus among the chiefs was that MM2 Banks and MM2 Denning were not telling the truth, mostly because their time lines didn't match up. The chiefs also felt that IC2 Barcelo knew more than he was telling. Barcelo was shaking and was extremely nervous and indicated that he had pretended to kick Dennis Dolphins on. (exh 25, encl 3 & 5).

At 3:45 p.m., XO Harris walked up to Squadron One. XO Harris felt he was at a fork and needed to discuss this with the Command Submarine Squadron-One for advice and guidance, as well as to keep them informed. Additionally, he wanted to explore the possibility of getting Dennis off the ship to encourage him to talk. XO Harris first discussed what be had found and done on the ship with LT Salansky and then they went in to see the Commodore, CAPT Miller. XO Harris described the whole case to him starting on Friday and told the Commodore the investigation was still inconclusive. The XO stated that the Commodore was not pleased with this result and pinned his ears back. XO Harris stated that when he began to describe the options as he saw them, the Commodore, CAPT Miller, explained very clearly that they were being too soft on this. "Gutless Wonders" was the specific description. The XO, LCDR Harris wrote that he understood the commodore's position and understood the message to be that he needed to toughen up the investigation. XO Harris wrote that it was very clear to him, based on the commodore's (CAPT Miller's) reaction, that he needed to tighten up to find the perpetrators. In a follow-up interview, XÓ Harris states that Commodore Miller referred to the command as "Gutless Wonders". XO Harris further stated that this comment "kinda surprised" him, "pissed me off." CAPT Miller told Harris that he needed to brief ADM Barr of the status of the investigation by noon, Tuesday. XO Harris' brief to ADM Barr as well as Barr's response is not in any of the investigation documentation that we have seen. (exh 38 & 25, encl 5 & 7).

LT. Salansky then talked to the commodore, CAPT Miller alone. LT Salansky told XO Harris that CAPT Miller was not willing to let Dennis off the ship. The Commodore, CAPT Miller, stated that it was not an option to transfer Dennis to another ship if he felt threatened. Although it had been established that there are provisions for expedient transfer under circumstances where fear of safety are involved, and although Dennis had clearly expressed his concerns, CAPT Miller refused even if he felt threatened. Solving the investigation, for the sake of their own careers, seems to have been the only priority, certainly not any concern for Dennis' welfare and safety. (exh 25, encl 5).

After their meeting with CAPT Miller, between 4:00 p.m. and 4:30 p.m., XO Harris and LT Salansky had a discussion with LT Hunt, the Squadron Staff Judge Advocate. They discussed the investigation and some options. It was agreed that LT Hunt would contact NCIS and conduct interviews with Dennis and others in his division on Tuesday. (exh 25 & 38).

At 4:15 p.m., XO Harris went back to the ship and had the COB bring Dennis to his stateroom where they talked for about 20 to 25 minutes. XO Harris stated