In early 2002, Graney found himself braced at attention by a cadet 3rd class (sophomore) whohad been drinking. A cadet 1st class (senior) discovered this and turned the 3rd class into theAcademy’s Honor Board for issues related to underage drinking. Graney subsequently testifiedto the Honor Board that he could smell alcohol on the cadet’s breath.
After this incident, the Graneys said, other upper-class cadets singled out David Graney forextra “training” and multiple demerits in what his parents say was an obvious attempt to forcehim to resign.
During the Academy’s annual “Recognition” training of the 4th class (freshman) cadets onMarch 17, 2002, and despite explicit regulations that prohibit physical hazing or contact, anupper-class cadet who was “training” David Graney, separated him from his peers againstAcademy regulations, and head-butted Graney twice as he performed pushups. The blowstemporarily dazed Graney and as the upper-class cadet stood Graney up, he punched Graneyin the torso. The blows to Graney’s head caused a bloody knot over his temple.
David Graney reported the incident to his Academy Officer Commanding (AOC) the next day.The Graneys say that when they heard from their son a day after the assault, they alsoreported the incident by telephone to Graney’s AOC, an Air Force major, who assured themthat this behavior was not tolerated at the Academy and that he would investigate. However,a month later in a follow-up conversation with the AOC initiated by Bill and Linda Graney, theparents realized that no investigation had occurred.After months of inquiries through the Academy chain of command, the Graneys learned fromthe results of three Freedom of Information Act requests they had filed that the AOC in lateApril – one month after the assault occurred – had finally ordered a probe, but assigned theinvestigation to the same upper-class cadets who had been harassing their son.
The cadet investigators did secure an admission by the upper-class cadet that he had struckGraney, but they concluded that the matter could be resolved by “a handshake,” Bill Graneysaid. A few weeks later, the major commanding his cadet squadron referred David Graney formental health counseling because of the cadet’s bitterness as to how the incident had beenhandled. The officer took no action against the cadet who has assaulted him, the Graneyssaid.
At the end of the 2002 spring term, David Graney was assigned to a different cadet unit forsummer training, and completed the military training with excellent marks, completed his onesummer academic class with a passing grade, and with no disciplinary problems, Bill Graneysaid.
However, after starting classes at the Academy for the 2002 fall term, in late August DavidGraney was notified that an administrative Military Review Committee would be consideringhim for disenrollment for excess demerits he had accumulated during the previous year. Hecontinued with academic and military instruction until early November, when he was informedthat he was being disenrolled – and being 14 weeks into the 17-week semester, he would loseall of the academic credits he was earning for the semester.To add insult to injury, Bill Graney said, the Academy formally gave David Graney a “5” (thelowest rating) as to his future commissionability in any other U.S. military service. This ratingwill prevent David from ever being accepted in any other officer commissioning program.
Following months of correspondence, Academy Superintendent Lt. Gen. John Dallager sent theGraneys a detailed response to their allegations of how their son’s case had been mishandled.The superintendent, in part:
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