This is part four of the untold story of the men from MARSOC Fox Company, and the leadership that failed them.

As covered in part 3 of this series, Colonel Pihana commenced his first interview of a Marine from MSOC Fox on 8 March 2007, as he testified in the COI. The NCIS Investigation registered that MSOC Fox was ordered out of Afghanistan the following day on 9 March 2007. However, Col Pihana’s Article 15-6 investigation was not completed until 5 April 2007, long after Fox Company had been expelled from Afghanistan. Fox Company’s leadership had been relieved with adverse fitness reports by LtCol Montanus based upon conjecture in the international media, as well as MARSOC Commander MajGen Hejlik sending eight different Fox Company Marines back to Camp Lejeune based upon hearsay as this report had not been completed until the eight Marines were already in Camp Lejeune.

The following document is Major General Kearney’s endorsement on the Article 15-6 investigation, which Col Pihana conducted on the actions of the MARSOC 7 Marines. The letter is dated 5 April 2007.

The Marines returned home to read the front page cover of the Washington Post, which contained statements from a member of Congress, Adam Smith (D-WA), who condemned the MARSOC 7 in front of their general, without the MARSOC Commander MajGen Hejlik exercising his moral courage by defending their constitutionally guaranteed right of presumption of innocence to Congress.

Together, the reports contain “more than sufficient evidence of wrongdoing” by the Marines, said Rep. Adam Smith (D-Wash.), chairman of the House panel that oversees U.S. Special Operations forces. “There is very troubling information in those reports that must be investigated,” said Smith, who was briefed Thursday by Maj. Gen. Dennis J. Hejlik, head of the Marine Corps Forces Special Operations Command.  These unethical statements were publicly made by a member of Congress during an ongoing criminal investigation, which continued the premise of a very long, politically charged and extremely biased investigation started by the President of Afghanistan urging to remove Fox Company and was aggressively supported by Col Nicholson’s emotionally charged request to remove Fox Company.

One of the two NCIS agents who testified during the COI confirmed that following the Col Pihana preliminary investigation he received a warning order between 4-6 April 2007, which stated that their office would conduct a criminal investigation into the MARSOC case.