European Stars and Stripes (Newspaper) - June 23, 1994, Darmstadt, Hesse                                Thursday june 23, 1994 Page 4 the stars and stripes judge throws out airman s lawsuit court rules of addressed Many issues in Mildenhall Case by Nancy l. Torn est . Bureau Raf Mildenhall England a a . District judge has dismissed a lawsuit filed last year by a air Force sergeant at Raf Mildenhall against 12 civilian and military officials. _ . District judge Harold Greene in a document signed june 15 and obtained by the the stars and. Stripes on tuesday ruled that Many of the claims in sgt. Zenaida Martinez a lawsuit had been addressed by the air Force since it was filed. _ last november Martinez filed suit m the . District court District of Columbia saying she was entitled to Protection under the military whistle blowers Protection act from reprisals for filing sexual harassment complaints in 1992. The complaints were made against two superiors in her Chain of command in the 100th Security police so at Mildenhall. Martinez who has also discussed her Case with air Force Secretary Sheila Widnall referred All questions to her civilian attorney. The attorney Susan Graham Barnes said her client had a scored a partial Victory to the extent that at least some of her complaints were dealt with after the suit was filed. Barnes said however that not All of Martinez a concerns were answered and that the Case would be appealed to the . Court of appeals for the District of Columbia circuit within 30 Days. A i think we have a basis for an Appeal a Barnes said. An investigation by the Mildenhall social actions office confirmed last july that sexual harassment had occurred. But the office did not investigate Martinez s claims of retaliation allegedly resulting from the sexual harassment complaints. _. Attorneys for the air Force . Attorney Erie of. Holder jr., and assistant . Attorneys John d. Bates and Douglas Wickham a filed a motion in March to dismiss Martinez a lawsuit saying the airman failed to report her complaints to the proper individuals. At the time Martinez was advised by the air Force to complain to the social actions office the Agency was not specifically protected by the military whistle blowers Protection  a lawsuit contended that attempts to file her complaints with inspectors general who Are covered under the act were rejected. Greene ruled that although the defense department inspector general initially decided Martinez a complaints did not warrant an investigation and Protection under Martinez the act the inspector Gen eral agreed last month to conduct an investigation. The judge also noted that air Force regulations for processing sexual harassment claims were changed to clarify that the inspector general a office has primary responsibility for such complaints. It was also made Clear that a complaints made to the social actions office As Well As to the inspector Cene Rales office arc protected under the  alleged reprisals against Martinez identified in the lawsuit included negative Job performance ratings falsification of information in her personnel file threats to her personal safety threats to Force her out of the air Force and demotions to undesirable jobs and shifts. The lawsuit had asked the judge in part to prohibit defendants from further acts of retaliation against Martinez and to order that unfavourable performance evaluations be corrected. The air forces motion to dismiss the Case said Martinez had not exhausted All military avenues for correcting some of her administrative problems. It also said the court should not act on the matter until Martinez has gone through the air Force Board of corrections of military records. Patch building targeted by arson Stuttgart Germany is amps a arsonists have set two fires in the same Patch Barracks building in recent months but they caused Only minor damage. Offi rials say there is no cause for alarm. A the commander Isnit real worried because it Isnit a rash Quot said sgt. 1st class Mike Alley spokesman for the Stuttgart based 6th area support group investigators believe juveniles started both fires. The blazes occurred Jan. 22 and May 14 in building 2307. They Are among several that have occurred this year in the Stuttgart military Community but they Are the Only ones that appear linked Alley said. The first one occurred in the basement where a a rolled carpet and a Box of paper were ignited. Soldiers put out the flames with fire extinguishers before firefighters arrived. The carpet was the Only item of value damaged. On May 14, a fire was set in the third floor Community Library which was closed at the time. The arsonist apparently started the fire by reaching through a Book drop in a stairwell door. A military policeman and a civilian put it out by spraying an extinguisher through the Book drop. The carpet and some books were damaged. The Community also believes a May 2 scrap Wood fire at the Panzer Cavern firing Range was arson. The Range sustained More serious damage monday night when someone kicked in several doors and windows at the facility and stole a videocassette recorder Alley said. Frankfurt school clerk Dies after heart attack Frankfurt Germany a amps a retired army Veteran and an employee of Frankfurt High school died monday of heart failure. Charles a. Palmer suffered a massive heart attack shortly after arriving at his office at the Frankfurt school where he had worked As Lead Supply clerk for the past four years. He was 63. Palmer a native of Albany n.y., served in the army for 27 years in Austria Korea Arkansas Vietnam Florida and Stuttgart and bad Kreuz Pach Germany. He retired in 1975. Later As a defense department civilian Palmer worked at Raf upper Heyford England and at soes Terberg a Netherlands before Frankfurt. Greene a ruling upheld the air Jujj said however that Martinez Quot May Well later be entitled to judicial review of any final decision of the Secretary of defense under the administrative procedure act. In an affidavit filed with the court in March Martinez said she did attempt test july to have her evaluation corrected by the air Force corrections Board. But based on a letter from the Board she obtained last december documents supporting her petition apparently were not forwarded to the Board. Barnes said Martinez immediately would file another petition to Correct her records a because we Don t want to leave any Stone unturned a Widnall agreed during a meeting with Martinez last week to have the airman a personnel records reviewed. Widnall had invited Martinez to Washington two Days after the airman filed a complaint with the defense department inspector general regarding retaliation she says occurred after her testimony in March before the House armed services committee. Martinez was one of four women each from a different service who testified about sexual harassment in the military before the committee. Earlier this month Martinez Learned she was under investigation for filing a $200 receipt for a taxi ride that she took from London a Gatwick Airport to Mildenhall on her Way Back from the hearing. Martinez said she was threatened with criminal prosecution for filing an allegedly false travel claim As leverage to get her to reveal details of her discussions with her civilian attorneys. Gen. Robert c. Oaks commander of the . Air forces in Europe reviewed the travel voucher Case and determined last week that the taxi ride was warranted. The defense department inspector general is investigating circumstances surrounding the inquiry into Martinez a travel voucher. He is survived by his wife Brenda sons Mark Andrew and Edwin and daughters Barbara and Linda. He also is survived by two Sisters Newelyn King of Tacoma wash., and Nancy Heath of East lans mpg Mich. A memorial service for Palmer is planned at1 2 . Monday in the Abrams Chapel at Frankfurt a Abrams Complex. Relatives and family friends will gather at the masonic Lodge no. 861, Kaise Strasse 37, Frankfurt at 7 15 . Monday. The family has requested that cards and condolences be sent to Frankfurt High school unit 25601, Box 30, Apo a 09228. Donations can be sent to the american heart association National Center 7320 Greenville ave., Dallas Texas 75231. Slowdown in store on Heilbronn area autobahn by the stars and stripes motorists who use Germany s autobahn 6 Between Mannheim and Nurnberg should take note of on unusual temporary Speed restriction this weekend near i Heilbronn. As part of a precedent setting Ozone emissions lest by the Baden Wurtemberg state government autobahn police plan to enforce a Speed limit of 60 Kilometres per hour 37 Mph along a three mile stretch Between the Heilbronn unters isenheim exit and the Heilbronn Necka sulm exit. The reduced Speed limit was scheduled to take effect at 5 . Today and last until Midnight sunday police spokesman Rudolf Schmitt said. Also the Only vehicles allowed to leave the expressway at those exits during the Ozone test Are those that use a catalytic converter and Bear a special sticker issued by the Heilbronn county commissioners office Schmitt said. Under the test rules police arc enforcing a ban on driving any vehicle w without special county authorization. Sailor s drug death apparently a suicide by the stars and stripes Naples Italy a a Sailor assigned to the aircraft Carrier George Washington currently deployed in the Adriatic sea died Early monday after an apparent drug overdose. A 6th Fleet spokesman it. Chide. Curry Graham said the Sailor apparently swallowed 15 tablets of Chlorou in a Pri Maquine an anti malarial medication. The persons name is not being released pending notification of. Relatives. The death which Graham said has been tentatively labelled a suicide is being investigated by american military authorities. Officials said the Sailor apparently ingested the medication sunday. The body was discovered at 1 30 .  switch set Lan Stuhl Germany col. Or Kevin c. Kilcy will accept command of Lan Stuhl army regional medical Center on june 30, officials said this week. The 44-year-old army doctor will replace or. Col David Lay i and medical Center commander since june 1992. Layland will leave Lan Stuhl to attend the War College at Carlisle Barracks a. Kiley will also take charge of health service support area Europe during next thursday mornings change of comm and ceremony. In his dual role As health service support area Europe commander Kiley will be responsible for remaining army Community health care  Europe. The health service support area Europe will remain a part of the 7th medical come through oct. 16, when the 7th medical come inactivates. After the inactivation health service support area Europe will report directly to the . Army medical come in Washington