Army captain accused of wearing unearned medals to retire

[darrels joy]

By Kate Wiltrout
The Virginian-Pilot
© April 8, 2009

An Army captain at Fort Monroe accused of wearing unearned combat medals will retire and not be court-martialed on charges of fraud and conduct unbecoming an officer.

Fort Monroe's commanding officer Col. Anthony Reyes has dismissed all charges against Capt. Jose J. Huertas, who agreed to retire as a staff sergeant, base spokesman Mike Hodson said Tuesday.

A veteran of 21 years in the military, Huertas did not have enough time in grade to retire as an officer, said Greg McCormack, Huertas' attorney.
Huertas was charged in December with unauthorized wearing of multiple medals, including the 3rd Infantry Division combat patch and two Kuwait Liberation Medals. Huertas had served in the 1991 Persian Gulf War.

During a 12-hour preliminary hearing in January, prosecutors seemed surprised when McCormack provided a copy of Huertas' military discharge form showing he had earned many of the medals he was accused of fraudulently wearing, including four honors he received during a stint in the Navy.

The combat honors, however, were not listed on the discharge form.

McCormack said he was pleased with the outcome. Getting serious charges completely withdrawn in return for his client's retirement "is a total win-win from our perspective," McCormack said.

Huertas was also charged with fraud for filing a false claim for lodging expenses, being absent without leave for five days, and repeatedly being late to work. The charge of conduct unbecoming an officer stemmed from emergency leave Huertas requested to visit a sick brother in Kentucky. He was granted the leave but did not actually go on the trip.

McCormack contended that Huertas was the target of an overzealous boss intent on driving him out of the Army.

Maj. Brent Streater testified in January that he discovered Huertas hadn't gone to see his brother when he stopped by the captain's home outside Richmond.

Streater repeatedly counseled Huertas on his perceived deficiencies. His bosses advised him to back off, they said at the hearing.

Reyes initially recommended proceeding to court-martial on most of the charges. He dismissed the charges after weighing the nature and circumstances surrounding the alleged offenses, and the appropriateness of all authorized punishments, Hodson said.

Kate Wiltrout, (757) 446-2629, kate.wiltrout@pilotonline.com

http://hamptonroads.com/2009/04/army...-medals-retire