Military Leaders Should Not Deny Constitutional Rights!

Request

Reverse the unconstitutional, unequal, unjust, and illegal treatment of an enlisted sailor, (ETNSN) Grant Hrdlicka, by the denial of his 5th Amendment Right to Due Process (punished for talking to a lawyer) and the subsequent actions by Superintendent Sean Buck of the United States Naval Academy (and his NAPS Command) further punishing ETNSN Grant Hrdlicka by denying admission into the USNA. Rectify the violations of the U.S Constitution and Navy regulations by two different Navy Commands (NAPS and USNA) and restore ETNSN Grant Hrdlicka’s naval career path as a future commissioned USNA officer.

Summary

Numerous violations of ETN3 Grant Hrdlicka’s constitutional rights occurred when he attempted to exercise his 5th Amendment right to simply speak to an attorney before making a statement concerning a disciplinary action (his one and only). ETN3 Hrdlicka was threatened with a greater form of discipline if he continued to ask to consult with an attorney. After acquiescing to that threat ETN3 Hrdlicka was still disciplined at the greater form of punishment compared to dozens of other students with similar disciplinary violations. Subsequent actions by two different Navy Commands continued against ETN3 Hrdlicka for simply requesting that constitutional right. ETN3 Hrdlicka was punished instead of disciplined for his action.

• ETNSN Hrdlicka was the only student to attempt to exert his right to consult with an attorney.
• ETNSN Hrdlicka was the only Naval Academy Preparatory School (NAPS) student to be denied admission to the USNA with only one disciplinary action.
• NAPS Command violated Navy regulations for the appeal process by failing to provide legal documentation before the appeal submission.
• Dozens of other students with disciplinary actions were admitted to the USNA, some with two disciplinary violations and/or academic deficiencies.
• Over a dozen students with very similar disciplinary actions (two with nearly an exact match) were allowed to continue to the USNA.
• ETNSN Hrdlicka received military punishment far greater than any student at NAPS the entire school year, even those with two disciplinary violations.
• Superintendent Buck lied to the offices of several U.S. Senators and a U.S. Congressman. He definitively claimed the “similarly situated prior-service MC (midshipman candidate) received the exact same punishment”. MC ETN3 Hrdlicka received a reduction in rank – MC HM3 did not. MC ETN3 Hrdlicka received 60 days restriction, 60 days loss of privileges – MC HM3 received 45 days for both. Most importantly, ETNSN Hrdlicka was denied admittance into the USNA in his appeal to Superintendent Buck – HM3’s appeal was granted by Superintendent Buck himself. HM3 is a midshipman at USNA today.
• Superintendent Buck illegally obtained false information to deny the appeal by ETNSN Hrdlicka.

ETNSN Grant Hrdlicka will exceed the age limit for admission to the USNA after the current school year. The requested actions are the last chance to correct these unconstitutional and illegal acts. Time is of the essence. Federal litigation (currently ongoing) may take too long. The Navy may try to delay the litigation simply to disqualify ETNSN Hrdlicka by the regulation age limit, even though the Navy routinely violates their own USNA admission regulations regarding disciplinary actions of USNA applicants.

Recently, Colonel J.P. McDonough, USMC, 89th Commandant of Midshipmen at USNA, wrote “…we must afford due process to each individual. This is a fundamental tenet of both our American judicial and military justice systems. Phrases like “equal justice under law” and “commitment to the rule of law” are cornerstones of our democracy. Moreover, we who wear the cloth of our nation have an even greater obligation to these ideals, as we have raised our right hands and sworn to protect and defend the Constitution, which enshrines these fundamental rights.”

Help us achieve those cornerstones of our democracy and treat our sailors equally and fairly. Please sign the petition below.