Kansas National Guard Lt. Col. Barry ThomasCol. Barry Thomas: Evidence showed he made racist statements about black people’s affection for watermelon and sex. Investigators concluded he violated orders forbidding bullying of soldiers or airmen. Subsequently promoted to colonel and assigned to Joint Forces Headquarters in Topeka. spoke of black soldiers under his command with a harshness perceived by investigators to inflame racial tension.

The white officer, who led the Kansas Army Guard’s recruiting battalion among other assignments in a career spanning more than 25 years, told a soldier, "I thought I would never meet a black man that did not like watermelon."

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On a separate occasion, according to investigation documents obtained by The Topeka Capital-Journal, Thomas said he believed African-American men universally favored oral sex. Investigators reported he referred to a black sergeant major as a "tongue-chewing retard" who dressed like a "pimp." He questioned why a black soldier would possess a home more valuable than his own.

A multifaceted internal inquiry by Kansas military officers into alleged malfeasance within the Kansas National Guard found that Thomas held "little regard for soldiers under his care" and led to a recommendation he forfeit a chance for promotion. Thomas was elevated to colonel despite violating a zero-tolerance Kansas Guard order against bullying subordinates. He still holds a leadership position among 7,500 Kansas Guard employees who serve in combat, respond to Kansas disasters and perform humanitarian missions.

Kansas Army Guard Lt. Col. Scott HenryLt. Col. Scott Henry: Assigned to investigate alleged forgery of recruiting documents. Case led to findings of other improprieties. He concluded "toxic" leadership existed in Kansas Guard. Recommended discipline of Thomas, Haworth, Rubio, Amrine and Alaniz for bullying troops., based on more than 2,000 pages of material compiled in his investigation, concluded Thomas and four other Kansas Guard members warranted dismissal from military service, demotion in rank or relief from assigned duties.

Official reports of the probe emphasize that Maj. Gen. Lee TafanelliMaj. Gen. Lee Tafanelli: Appointment by Gov. Sam Brownback as adjutant general confirmed in 2011. Tafanelli is a former Republican member of the Kansas House. Declined to be interviewed about internal investigation., appointed Kansas’ adjutant general by Gov. Sam Brownback, was urged by investigators to abandon a management style devoted to advancing careers or shielding favored Kansas Guard personnel from accountability. Investigators advocated Tafanelli lead the Kansas Guard in a manner emphasizing the general welfare of all men and women in the state military organization.

Gov. Sam Brownback, center, appointed Maj. Gen. Lee Tafanelli to serve as the state’s adjutant general in 2011. The two-star general is responsible for the Kansas Army Guard, Kansas Air Guard, state Division of Emergency Management and state Homeland Security unit. (Kansas National Guard)

Henry said in a report to superiors that failure to reform the Kansas Guard’s leadership culture would compel soldiers and airmen to resign or retire in "fear of reprisals, threats and more toxic leadership. I caution the state leadership that action must be taken."

Tafanelli and his staff deflected requests from The Capital-Journal in December and January to be interviewed about the investigation. The inquiry found evidence of racism, enlistment fraud, sexual assault, retaliation against troops, promotion manipulation and subterfuge of the investigation. They also declined to directly address the encompassing declaration that a contingent of senior officers and enlisted personnel infected the Kansas Guard with leadership inconsistent with core values of integrity, respect and selfless service.

On Friday, a Kansas Guard spokeswoman released a brief statement attributed to Tafanelli that said, "We take every allegation seriously, investigate it thoroughly and respond accordingly." In addition, a Brownback spokeswoman Saturday submitted to The Capital-Journal a guest editorial by Tafanelli, despite not having read the yet-to-be-published story on the Kansas Guard. Tafanelli’s column will run in the Monday edition of The Capital-Journal.

Brownback also issued a statement Sunday that said he intended to maintain "full support" for Tafanelli.

Retired Col. Mike SlusherCol. Mike Slusher, retired: Highly decorated officer who said Tafanelli and other Kansas Guard leaders instilled a "climate of fear" in the ranks. Not part of the formal investigation., a highly decorated Kansas Army Guard officer who had no role in the inquiry, said in an interview that Tafanelli established an unhealthy leadership standard by sidestepping obvious command problems and by insulating himself from soldiers and airmen who formed the backbone of the Kansas Guard.

"Right now, they don’t have leadership. They have management," Slusher said. "Because you have a poor tone at the top, you have a climate of fear."

Tip of the spear

Thomas’ comments were exposed during a complex investigation started in 2013 under the direction of Henry, a lieutenant colonel in the Kansas Guard’s Army component, and closed in 2015 by a one-star general in the Air component of the Kansas Guard.

The case began amid renewed allegations that Kansas Guard recruiters were pressured by superiors to forge documents to clear unqualified applicants or speed processing of paperwork. It ballooned during 2014 based on anonymous letters claiming Kansas Guard members were involved in impropriety extending beyond recruiting. About 50 subsidiary allegations were evaluated, but documents produced in the investigation indicated most were unfounded. Incidents of unethical behavior and possible criminal acts were confirmed.

Examination of the unsigned correspondence by an expert revealed the author was likely a Kansas Guard soldier who had a prominent role in the recruiting forgery scandal.

Timing of the Kansas Guard investigation coincided with Brownback’s re-election campaign. Unofficially, Kansas Guard personnel said, they were to keep a lid on controversy capable of embarrassing the governor until after the November 2014 election.

By 2015, Henry and Brig. Gen. Scott DoldBrig. Gen. Scott Dold, retired: Former chief of staff to Tafanelli who affirmed Henry’s findings of toxic leadership in Kansas Guard. Recommended stiffer sanction of Thomas and Haworth. Criticized Windham for promoting Thomas. Noted Tafanelli’s unwillingness to discipline wrongdoers sent negative signal to young soldiers, airmen. had filed a series of memorandums detailing evidence that Army Guard soldiers created phony enlistment documents, promoted workplace bullying, distorted the promotion system and failed to respond adequately to charges of sexual assault. Evidence surfaced that Kansas Guard members conspired to interfere in the Henry-Dold investigation, leaked information about the inquiry to soldiers under scrutiny and orchestrated reprisals against personnel involved in the case.

Indeed, Henry formally requested reassignment of the case after learning Kansas Guard colleagues maneuvered to undercut his work.

"The predominate culture of this command clearly has difficulty balancing legal, moral and ethical facets of decision making when addressing poor performance, toxic leadership and substantiated wrongdoing," Dold said in a memorandum prepared for Tafanelli. "There is a myopic focus to avoid harming an individual’s career, at the same time, ignoring extensive damage to organizational morale and loss of trust in senior leadership caused by retaining wrongdoers and poor performers."

Dold, an attorney who served as Tafanelli’s chief of staff before retirement, said in the memo to the adjutant general that training of future Kansas Guard leaders must "place soldier and airmen welfare and organizational needs before personal careerism and self-promotion."

Call for discipline

A portion of Kansas Guard members classified by Dold and Henry as engaging in foul play remain on duty. Thomas and others were promoted or retained prestigious assignments within the Kansas Guard. Several eventually retired with full pomp and ceremony. It’s not clear, without disclosure by the Kansas Guard of basic personnel information, whether punitive steps contemplated by investigators were ordered.

In early 2014, Henry recommended disciplinary action against Thomas, State Command Sgt. Maj. Scott HaworthState Command Sgt. Maj. Scott Haworth, retired: While Kansas Guard’s top adviser to Tafanelli for enlisted personnel, he was found by investigators to have violated "trust and confidence" of soldiers. Henry recommended in 2014 he be removed from the Kansas Guard. Retired in 2015., Command Sgt. Maj. Manuel RubioCommand Sgt. Maj. Manuel Rubio: Serves as Kansas Guard’s top noncommissioned officer in the 69th Troop Command, headquartered in Topeka. In 2014, Henry recommended he be removed from active-duty service, placed in a lower position or retired., Master Sgt. Merle AmrineMaster Sgt. Merle Amrine, retired: Investigators concluded in 2014 that Amrine pressured recruiters to forge documents to boost enlistments. Henry recommended he be ousted from active duty and reduced in rank. Suspected by Henry of authoring anonymous letters to divert investigation of toxic leadership. Apparently retired in 2015. and 1st Sgt. Joseph Alaniz1st Sgt. Joseph Alaniz, retired: Henry recommended during 2014 the Kansas Guard drop Alaniz from active duty and reduce him in rank for interfering with the investigation and other misconduct. Apparently retired in 2016. for violating "trust and confidence of our soldiers" and disrupting the "important mission of enlisting soldiers into our ranks."

Henry found each of the five violated Policy Letter No. 32, signed in 2011 by Tafanelli. This adjutant general’s policy on workplace bullying, according to a Kansas Guard publication, supported "zero tolerance for behavior that harms, intimidates, offends, degrades or humiliates soldiers, airmen" or other Kansas Guard employees. The policy was created to recognize that demeanor rising to that level tended to drive away talented employees, reduce productivity, weaken morale and raise legal risks.

Henry’s recommendations:Drop Thomas from consideration for promotion to colonel.Remove Haworth as the Kansas Army Guard’s top command sergeant major and force him to retire.Reassign Rubio from active-duty Kansas Guard to a lower-compensated technical position or force him to retire.Oust Amrine from the active-duty Kansas Guard and reduce his rank.Displace Alaniz from active-duty Kansas Guard and reduce his rank.

Information contained in the investigation file compiled by Henry, including sworn statements by Kansas Guard troops, chronicled Thomas’ propensity for offensive comments about black people. The statements provided evidence Thomas had a special interest in harassing one particular enlisted black male soldier, who apparently retired from the Kansas Guard.

"I did tell LTC Thomas directly that, as a leader, he cannot call people ‘tongue chewing retards,’ " Chief Warrant Officer 4 Sandra Lashley said in a statement to investigators. "I got the sense while talking to LTC Thomas that he discounted what I was telling him. He had an explanation or rationalization for his actions and conduct."

The case put together by Henry also said there were multiple strands of evidence showing Amrine and Alaniz repeatedly bullied recruiters under their direction.

Henry, who didn’t respond to requests for comment, described in investigatory reports that Rubio tried to conceal information about recruiting transgressions damaging to Amrine’s career, participated in leakage of information about the inquiry and compromised the promotion system. Henry also noted evidence that Haworth, Amrine and Alaniz manipulated promotions and assignments.

In addition, Henry accused Haworth in an investigation summary of attempting to hinder Henry’s "case from being completed by using his rank and his position to intimidate soldiers." Henry also reported Amrine and Rubio tried to undercut his inquiry.

"All five have the responsibility by their position of authority to live by the Army values," Henry’s report said. "Toxic leadership does not have a place in our ranks. It only destroys the foundation of the organization."

The documents showed some Army Guard soldiers challenged allegations against them. Amrine told investigators an earlier inquiry into recruiting irregularities was closed by his superiors and he had "learned his lesson."

Documents indicated Thomas offered conflicting explanations about whether he ridiculed black people and was somewhat dismissive of complaints about his conduct. Rubio signed a statement saying criticism of Amrine was overblown, but he declared Thomas unfit to lead. Rubio and Thomas worked closely together in the Army Guard’s recruiting battalion.

Greater accountability

In November 2014, Dold assumed oversight of the investigation and worked with two Kansas Guard majors to perform a methodical review of the colossal case file. Dold said in a report to Tafanelli that review ratified the work performed by Henry, a former military policeman and intelligence officer.

Dold’s closing report in May 2015 diverged from his predecessor’s because it amplified some of Henry’s recommendations and affixed leadership failings at the adjutant general’s feet. He also expressed alarm Kansas Guard leadership had failed to take timely and appropriate action to resolve issues during the previous year.

Dold proposed in a memorandum that Haworth, on whom Tafanelli leaned for years as senior advocate of enlisted personnel, be "formally removed from the position prior to retirement." Dold also asserted that formally honoring Haworth at retirement "flies in the face of the command’s responsibility of maintaining good order and discipline." Dold argued in the report extraordinary intervention was justified by findings Haworth tried to diminish Henry’s investigation and twisted promotion and mission-assignment systems of noncommissioned officers.

Instead, Tafanelli praised Haworth when he retired after more than three decades in the Kansas Guard as "a valuable adviser to me" who "served this state and nation with distinction."

Dold sought in his report to the adjutant general the immediate termination of Thomas’ full-time orders and urged "his service in the Kansas National Guard be concluded at the earliest possible time."

In addition, Dold rebuked Brig. Gen. Robert WindhamBrig. Gen. Robert Windham, retired: Dold recommended in 2015 ouster of the one-star general for demonstrating "extremely poor judgment" in permitting promotion of Thomas despite evidence of racist comments. Retired in 2016. , assistant adjutant general and commander of the Kansas Army Guard, for demonstrating "extremely poor judgment" in advancing Thomas to colonel. Dold said in the report Tafanelli should have used his ultimate command authority as adjutant general to block Windham from affirming promotion of Thomas.

"I strongly recommend BG Windham be removed as the land component commander and non-retained," Dold wrote.

Kansas Guard Brig. Gen. Anthony Mohatt, left, Adjutant General and Maj. Gen. Lee Tafanelli and Brig. Gen. Robert Windham chat at a ceremony last year in Topeka. An investigator urged sanction of Windham for promoting an officer who made racist comments. (Kansas National Guard)

Windham retired in August with fanfare typical of a one-star general with 30 years in uniform. During a ceremony at Museum of the Kansas National Guard in Topeka, Tafanelli presented Windham with a commendation medal.

Official Kansas Guard publications reported Amrine retired in 2015 with Alaniz following in 2016, but the Kansas Guard didn’t respond to requests to confirm their status. Rubio remains on duty as senior noncommissioned officer in the 69th Troop Command, which is primarily based in Topeka and has units in Salina, Olathe and Leavenworth.

The Kansas Guard acknowledged, but didn’t answer, a Capital-Journal request under the Kansas Open Records Act and the Freedom of Information Act for summary reports of the investigation and for the status of about 20 personnel to shed light on whether those engaged in purported wrongdoing were disciplined.

Then-Lt. Col. Barry Thomas passes a flag to Command Sgt. Maj. Manuel Rubio in a change-of-command ceremony. A Kansas Guard inquiry proposed Thomas and Rubio be sanctioned for misconduct. (Kansas National Guard)

Issue of trust

Kansas Guard spokeswoman Catherine Horner said in December she would arrange an interview with Tafanelli. Ten days later, Horner said the Capital-Journal needed to participate in a briefing on military "process" by seven Kansas Guard employees before a meeting with Tafanelli could be scheduled.

Horner said by email that Kansas Guard employees were dedicated to serving the state and nation.

"Truly, these are impressive people," she said. "That being said, it is hard to keep everyone happy all of the time."

Last year, Tafanelli addressed Garden City Community College graduates about importance of everyone in an organization being part of a team.

"Take care of your people," said Tafanelli, a member of the Kansas Guard for more than 35 years. "Build close bonds with your staff. Be willing to make tough decisions. Serve your bosses well."

Individuals with deep ties to the Kansas Guard, including some fearful of retaliation if they spoke publicly, said they were skeptical meaningful reform would occur on Tafanelli’s watch.

Tod BuntingMaj. Gen. Tod Bunting, retired: Kansas adjutant general before Tafanelli. Advocated restoration of confidence in Kansas Guard with "compassionate, caring" leadership that addressed welfare of all soldiers and airmen. Retired in 2011., a retired major general in the Kansas Air Guard who served as adjutant general from 2004 to 2011 under Democratic Govs. Kathleen Sebelius and Mark Parkinson, said in an interview Kansas Guard members and retirees who brought forward complaints faced retaliation by superiors and pressure to leave the Kansas Guard.

"There are people internally who are fed up, but they are so intimidated," he said.

Bunting, who promoted Tafanelli to one-star general in 2010, said he was concerned disclosure of problems would damage reputations of the 99 percent of Kansas Guard members performing their duty. He said a remedy didn’t require the leadership mastery of Dwight Eisenhower, a Kansan who served as supreme allied commander in Europe during World War II and was elected president of the United States.

"It’s not going to take an Eisenhower to turn it around," said Bunting, who retired when Tafanelli took command of the Kansas Guard. "Compassionate, caring leadership is what’s needed. You can’t ignore toxicity."

Dold, one of the case’s investigators, said in an interview that the inability of Tafanelli to deal with aberrant authority figures in a transparent, professional manner sent a dark message to young soldiers and airmen that a fair shake wasn’t available to everyone in the Kansas Guard. Promotion of Thomas, despite strong evidence of racist conduct, was inexcusable, Dold said.

"Your inaction becomes your action. The promotion of Barry Thomas becomes the promotion of everything he said," Dold said. "It’s a fundamental misunderstanding of how to lead a military organization."

Slusher, the retired Army Guard colonel who is among recipients of the Defense Superior Service Medal typically awarded to astronauts and general officers, said in the interview Tafanelli’s approach to command failed to meet expectations of men and women trained to place their faith and trust in solid leadership.

"When you’re a commander, the first thing you have to realize is everybody doesn’t work for you. You work for them," he said.

Slusher said problems in the Kansas Guard reflected the political process of appointing adjutant generals and the lack of a three- or four-year cap on how long a state’s top military officer could hold that command. Tafanelli was a Republican in the Kansas House when selected in late 2010 by Brownback to become adjutant general.

"This is by far, in all my years affiliated with the Kansas National Guard, the most politically partisan administration," Slusher said.

In a ‘gray area’

Col. Barry Taylor, deputy chief of staff of the Kansas Army Guard, got the inquiry rolling more than three years ago by authorizing Henry to explore allegations soldiers engaged in a "gray area" recruiting by forging enlistment documents.

Henry waded deeply into the recruiting battalion and developed evidence of "command influence to produce recruits and take short cuts by the recruiters to make mission."

The record created by Henry included information from Kansas Guard Staff Sgt. Nathan Hunt, who told investigators he was working with an applicant who passed a criminal background check, but an Atchison County clerk declined to sign a document attesting to that fact. Hunt said in a statement Amrine, one of the five individuals marked by Henry for bullying, recommended an easy solution.

"What was the clerk’s name?" Hunt recalled Amrine asking him, according to investigation documents. "I told him her name. He said, ‘Just sign her name.’ I told him I was not comfortable doing that and I asked him if there was a different way to resolve the problem. He said, ‘No, just sign her name.’ "

Kansas Guard Sgt. 1st Class Craig JacksonSgt. 1st Class Craig Jackson: Reported to investigators that Amrine pressured him to falsify documents and told him to sign up a recruit lacking a required letter on educational attainment. disclosed to investigators that he pushed back against Amrine’s instructions to "forge documents even if he says he will cover me." Jackson’s statement also said Amrine, frustrated by refusal to falsify enlistment documents, told Jackson "to not have such high morals." Another soldier, Master Sgt. David Dunbar, told investigators Amrine had complained Jackson maintained "too high of a moral compass" for a recruiter in the Army Guard battalion.

The rift between Amrine and Jackson eventually climbed the chain of command to Rubio, who defended Amrine and informed investigators an understanding had been reached with the two soldiers and the bullying issue put to rest.

"I spoke with Amrine and got his side and felt that he had not directed Jackson to do something wrong," Rubio said in a statement. "I brought Jackson in and we spoke. He left my office with all indications that the issue was a misunderstanding and that the issue was done."

However, Kansas Guard Maj. Paul Cope later contradicted Rubio in a memorandum that pointed to Amrine as one of the soldiers participating in recruiting fraud through forgery of enlistment documents.

Brig Gen. Scott Dold filed a report in 2015, before retiring, that concluded the Kansas Guard was plagued by leaders ignoring damage to morale by retention of "wrongdoers and poor performers." (Kansas National Guard)

Interference

Expansion of the investigation by Henry triggered scrutiny of whether Kansas Guard members were trying to inhibit his exploration of events. Henry reported Command Sgt. Maj. James CrosbyCommand Sgt. Maj. James Crosby, retired: Discovered documents in a drawer of Rubio’s desk linking Amrine to alleged misconduct. Insisted to his superiors an investigation of Kansas Guard recruiting to "clean up the battalion." Apparently retired in 2016. , who replaced Rubio at the recruiting battalion, discovered documents in a bottom drawer of Rubio’s old desk that contained allegations of bullying by Amrine and Alaniz. Crosby met with Maj. Ken Weishaar, commander of the recruiting battalion, Taylor and Haworth to discuss the discovery.

"Haworth asked how far we thought the investigation should go," Crosby said in a statement to investigators. "I told him it should go as long as was needed to clean up the battalion."

Within days, investigation reports said, Amrine and Rubio were aggressively hunting information about the discovered documents and what soldiers knew about Henry’s inquiries about the information. Rubio revealed to investigators it was Haworth who broke confidentiality to inform him that Crosby forwarded the documents to superiors. Henry said in the report that Haworth was "contacting people and hindering the case from being completed."

"Information about this investigation has been compromised," Henry advised a Kansas Guard judge advocate in a memo. "I am concerned that we have a leak of information thru our leadership."

The Kansas Guard received anonymous letters that contained about 50 accusations of questionable behavior, but 90 percent were found by Henry to be without merit. Investigators substantiated portions of the letter, including sexual misconduct, domestic violence and driving under the influence. A soldier with an arrest record for sexual assault was accused of "violently raping​ a female recruiter" in the Kansas Guard, and investigators recommended authorities address the claim immediately.

Henry decided "malice intent" was behind the key anonymous letter designed to draw the investigation away from examination of toxic leadership. A writing analyst retained by investigators determined the same individual likely wrote the letters, the investigation documents said, which led Henry to postulate Amrine was the anonymous author.

Command Sgt. Maj. Richard HaneyCommand Sgt. Maj. Richard Haney: Accused in anonymous letters of recruiting forgery but cleared by investigators. He told investigators the Kansas Guard was being manipulated by "vindictive, self-righteous, arrogant bullies." , accused in an anonymous letter of forging recruiting documents but cleared by investigators, submitted a lengthy written rebuttal for the record. He wrote in his sworn statement that the Kansas Guard was being manipulated by "vindictive, self-righteous, arrogant bullies" who spread discontent for personal advantage.

"The way forward, as I see it," Haney said in the statement, "we must build trust in our organization."