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STATE NATIONAL GUARD CONTENDING WITH "ALBATROSS" Mark Smith, Houston Chronicle, May 1, 1994 AUSTIN - The controversial retirement Saturday of Texas National Guard Col. Richard Brito, accused of drug smuggling and targeted for a court-martial investigation, was only one of many embarrassing episodes marring the Guard's already blemished reputation.... Although Pentagon officials said results of the investigation may not be released anytime soon, Texas Guard officials consider the probe "an albatross" hindering their efforts to clean up the image of the 24,000 member military force.... The Defense Department probe comes while the Texas National Guard has been besieged in the past few years by an array of allegations, ranging from discrimination to lax security and loss of equipment. Nevertheless, Texas Guard officials believe the discharge of Brito is a major step in improving the organization's reputation. As director of plans, operations, and training, Brito, 49, oversaw the Guard's war on drugs. Guard officials say the head of the counter-drug task force was ordered to report to someone else in April 1989 after questions arose about Brito's possible involvement in the suspected drug smuggling operation by his brothers, Billy and Mario, who were indicted in 1987. But critics, including current Guard members, claim that Brito -- who has never been criminally charged with drug smuggling and has repeatedly denied such allegations -- should have faced a court-martial investigation rather than be allowed to retire. Brito's discharge came after a specially convened military board substantiated allegations that the 25-year civil servant had been "involved in drug smuggling activities," yet was promoted and allowed continued access to classified information. In its report last November, that three-member investigative board also concluded that three other ranking officers should undergo a court-martial investigation for possible perjury and failure to take appropriate action to limit Brito's access to confidential military information. The board -- comprised of two Guard colonels and a U.S. Army colonel -- called for an investigation leading to a possible trial by court-martial for Brito; Col. Danny Kohler, former chief of staff; Col. Dwain James, a former director of personnel; and Lt. Col. Bennie Cottle, director of plans, operations and training. Guard officials would not comment on any currrent or possible actions regarding the other officers. The Brito controversy has been compounded during the past year with "whistleblower" lawsuits by at least four Guard officers alleging retaliation after they gave information to authorities investigating the Guard and Brito. Other allegations tarnishing the Texas National Guard include: 1. Charges of discrimination in a $200 million class-action lawsuit by dozens of current and former guard members, most of whom are Hispanic. In an investigation of 31 complaints, state and federal investigators found evidence of discrimination in nine cases and that requirements such as physical fitness tests were selectively enforced. 2. Records indicate that hundreds of Texas Guardsmen were delinquent in repaying up to $400,000 in charges on their government-issued Diner's Club cards in 1991-92. Dozens of guardsmen were more than four months delinquent despite warnings from Citibank to pay off their bills, ranging from $2,000 to $7,000 per soldier. The cards were issued for official use only, but it was unclear whether the bills, if uncollected, were paid by the Texas Guard or individual Guard members. 3. The Texas Environmental Enforcement Task Force is investigating allegations of fraud surrounding the premature or unnecessary removal of underground fuel tanks at 42 Guard sites. 4. Lax handling of classified materials and security. Guard top brass say this problem has been addressed. But a review by the Chronicle of documents and testimony related to the Brito case raise questions about the Guard's handling of classified material related to counter-drug efforts and its methods of ensuring security. Records and testimony, for example, show that Lt. Col. Cottle, head of the drug task force, played tennis in 1990 with Brito and his brother, Billy Brito, now a fugitive who at that time faced state charges of drug smuggling. Cottle admitted: "Looking backward, it was probably poor judgment on my part...I was not socializing," he said. Dating back to 1983 -- before Billy Brito was indicted -- Cottle said he had met him "less than 10 times," often on a golf course. 5. Breach in chain of command. Cottle also testified before a federal grand jury looking into allegations of drug smuggling in 1990 that Col. Brito demanded to sign all drug task force operations orders, despite his supposed removal from overseeing the Guard's counter-drug operations. And others such as Col. Kohler said that despite Brito being "out of the drug loop," Brito still evaluated drug task force personnel and controlled the program's purse strings. 6. Questions about unauthorized trips out of the country by top officers with security clearances. One drug gang member told investigators Col. Brito and his wife spent a weekend at El Presidente Hotel in Matamoros, Mexico, in March 1987 with Billy Brito and Mario Brito, along with two other drug smuggling defendants for the purpose of letting them "chill" before their upcoming trial. Records show that Guard security officers such as Clint Rogas said unauthorized international travel with a security clearance and associations with suspected drug traffickers could be a breach of security. GUARD AT A GLANCE (Source: Texas National Guard): The Texas National Guard is a military force comprised of citizen soldiers under control of the governor until federally mobilized. Its dual mission is: -- To give military support to state civil authorities during a natural or man-made disaster. -- To be prepared to mobilize for any national emergency. Troop Strength: 24,000 including more than 22,000 part-time and full-time Army and Air National Guard members and 1,500 non-paid state volunteers. 1993-94 budget: $550 million with $9 million from the state and the rest in federal funds. |