Press Release
For Immediate Release
For more information: (910) 336-5966 or info@mwpa.army
Fort Bragg, NC | May 15, 2024 — After 10 months, the US Army answered a FOIA request stemming from two Privacy Act complaints communicated by Sergeant First Class Michael J. Forbes, of 528″ Sustainment Brigade, Fort Bragg in late 2022. He complained via telephone and email to 1SFC Inspector General from November 30 through December 7, 2022 and in person to Congressman Richard Hudson (8th District, NC) on December 19, 2022. His complaints regarded two of his Brigade Commander’s unlawful Command-Directed Behavioral Health Assessments.
According to the response to the FOIA request, MAJOR Ian L. Chustek, the Investigating Officer appointed on February 9, 2023, by BRIGADIER GENERAL Derek N. Lipson, 1SFC Deputy Commanding General, who investigated Forbes allegations, stated that
I believe SFC Forbes’ behavior to be suspicious…, he filed official complaints to all these incidents after the 15-6 investgation into his behavior was initiated. As such, I believe that SFC Forbes is deliberately weaponizing the IG/Congressional complaint process to protect himself from the 15-6 inititated against him.
MAJOR Chustek was referring to a clandestine unit investigation that began on January 12, 2023, over a month after SFC Forbes brought the two Privacy complaints to IG via telephone and email. Notably, SFC Forbes was an unwitting subject of this hidden investigation until February 7, 2023, two days before Chustek’s appointment. This was also: 4 days after SFC Forbes made contact with the Army Human Research Protection Office to report the violations and; one day after he filed a formal reprisal complaint requested during his initial meeting with with the USASOC Inspector General (on January 19, 2023). This falsification of the truth, that MAJOR GENERAL Richard E. Angle, the 1SFC Commanding General, relied on in his purported “thorough review,” illustrates the illegal retaliation that SFC Forbes alleges in his Privacy Act lawsuit filed with the U.S. District Court, Eastern District of North Carolina.
Moreover, on November 30, 2022, before formally filing any complaints, SFC Forbes requested assistance from 1SFC IG Office regarding the lack of informed consent options in his Brigade Commander’s unlawfully ordered use of a third-party corporate assessment. Though this is a Federal Privacy Act violation, SFC Forbes was rebuffed by the 1SFC Inspector General Office who was obligated to open an assistance request over the phone. SFC Forbes then emailed IG multiple times between December 2 and December 7 attempting to get oversight guidance and the same informed consent options when a second assessment (involving a Congressionally funded program) was being improperly conducted. Upon learning this, SFC Forbes immediately left base and formally reported this to Congressman Hudson’s office in his Fayetteville, NC office. His office acknowledged the complaint and initiated an inquiry on January 4, 2023. Note: Hudson is a Congressional supporter of the second program.
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SFC Michael J. Forbes is a Military whistleblower, protected by the Military Whistleblowers Protection Act (MWPA) of 1988, which has been gutted with the Congressional amendments of 2017. His Federal lawsuit (#5:24-cv-00176-BO-RJ) filed on March 19, 2024, alleges that he has been retaliated against and will soon be involuntarily separated from the US Army only a few months prior to eligibility for retirement because he exercised his right to ask for informed consent information for two unlawfully ordered Behavioral Health Assessments that he had the right to refuse. These violations are punitive and carry significant penalties.
NOTICE: For copies of the signed and dated complaints that prove MAJOR Chustek’s finding is falsified, visit https://mwpa.army under Case 5:24-cv-00176 supporting documents tab that feature the FOIA investigation findings. This press release reflects the views of the author alone and does not represent the views of the US Army, Department of Defense or any component of the US government. More information is located at https://mwpa.army.