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SAN ANTONIO—An Air Force master sergeant who filed a formal complaint after being relieved from his duties for disagreeing with his lesbian commander about same-sex marriage suspects that complaint may have led to his being read Miranda rights during questioning over the case, his attorney said.
In an ironic turn, Senior Master Sgt. Phillip Monk could face court martial if formal charges are filed, attorney Michael Berry of the Plano-based Liberty Institute said.
Monk was Mirandized on Aug. 27 during an on-base interview with Air Force investigators over Monk’s allegations that his Lackland Air Force Base commanding officer, Maj. Elisa Valenzuela, violated his religious and free speech liberties. No formal charges have been filed against Monk, but being Mirandized indicates he is under suspicion of filing a false complaint by military authorities, Berry said.
The standard fact-finding interview with Monk was turned on its ear when the investigator stopped the interview and read Monk his rights, shocking Berry, who said he has never seen that happen in his seven years active duty as a Marine Corps lawyer and subsequent time as a reservist.
Berry said the investigator likely believed Monk was lying about his encounter with Valenzuela, giving him probable cause to Mirandize the airman. Filing a false complaint against a commanding officer is punishable by court martial. Monk has been appointed a military defense attorney but Berry will stay on as lead counsel.
In a press release issued by Liberty Institute, Monk stated, “I was stunned and immediately felt that this was a retaliation against me for coming forward with my religious discrimination complaint.”
In his original grievance filed late last month Monk alleged Valenzuela violated his religious liberties when she relieved him of duty for not agreeing with her that opposing same-sex marriage is discriminatory. Valenzuela, a lesbian, has been open about her sexuality and relationship with a female partner since assuming her role as commander earlier this year.
The allegation against Monk creates an unusual circumstance. Monk’s wing commander, who is responsible for ruling on such complaints, could be presented with two investigations for ruling—one based on a complaint by Monk and the other a complaint against Monk—in the same investigation.
“That’s why this is so ridiculous,” Berry told the TEXAN.
“The Air Force must now decide whether it will charge SMSgt Monk with the crime of making a false official statement,” Berry said in the press release.
This latest incident is not the first in which Monk and his attorney suspect reprisals. Berry said initial testimony vindicates Monk of wrongdoing in the original conflict and, instead, reveals he became the target of a vendetta by the commander, who meted out punishment for perceived anti-homosexual discrimination.
The original disagreement between Monk and Valenzuela about same-sex marriage did not arise until the master sergeant began an investigation of another airman charged with making anti-homosexual remarks. In the course of discussing disciplinary options with Valenzuela, Monk was pressed for his opinion. According to Monk, Valenzuela became incensed when she realized Monk did not agree with her view on same-sex marriage and relieved him of duty.
“I believed I was being coerced to answer in the way she wanted,” Monk said. “As a Christian I could not answer the way she wanted me to.”
Berry contends Monk’s dismissal was due to his Christian convictions, not actionable conduct. He stated in an Aug. 20 letter to Valenzuela that her actions were a violation of specific military codes and religious liberty protections under the First Amendment.
On Aug. 9 Monk received a call informing him he was separated from his unit and his reassignment to the Lackland medic unit was being expedited. Although the reassignment was planned before his disagreement with Valenzuela, Monk was in the midst of a weeks-long process of training his replacement when he was relieved of duty and told to refrain from all contact with his replacement.
He was also told to clear out his office but was barred from doing so while Valenzuela was in hers just down the hall.
“I was made to feel that because I have a deeply held religious view different from hers, I was unworthy of being in her vicinity,” he said.
“We’re crossing a line. You can now be punished for believing something,” Berry said.
As Monk awaits the outcome of both investigations, he is continuing to work in his new assignment with the Lackland medic unit.
This is not the first time Monk has been involved in controversy at Lackland Air Force Base. In 2012, Staff Sgt. Luis Walker was convicted of the sexual assault of female recruits. Rumors of Walker’s actions had been circulating around the base when commanders told Monk to “get to the bottom of it.”
Monk’s initial interview with one of the first victims led to the investigation of Walker and his ultimate conviction. Monk, a master sergeant at the time, helped facilitate the investigation.
