[100PpercentFedUp] LTC Downey’s troubles began in 2012 when he made the "politically incorrect" effort to prevent two lesbian female officers under his command from violating Army regulations regarding public displays of affection. The two officers, a Captain and a Lieutenant, were in uniform at a formal military ball and were on the dance floor engaged in prolonged French kissing, publicly taking off each other’s uniform jackets, and other intimate and salacious conduct.
Once he became aware of the situation, LTC Downey took immediate action to stop the inappropriate behavior. He also attempted to prevent other soldiers from photographing and videotaping the officers’ inappropriate conduct, which he believed would embarrass the unit as well as the offending officers. In the process of lowering the camera of an enlisted soldier, the camera accidentally made contact with the soldier’s nose.
As a result, despite the recommendations of LTC Downey’s immediate superior, General Mark Milley ordered an investigation and a subsequent Article 15 hearing where he acted as the presiding officer on charges of assault consummated by battery and violation of the repeal of "Don’t Ask, Don’t Tell" policy.
The Article 15 proceeding, which lasted approximately 5 hours, was more concerned about offending homosexual advocacy groups than the guilt or innocence of LTC Downey. General Milley found LTC Downey guilty of the charge of assault consummated by battery. LTC Downey was issued reprimands for both violations, relieved of command, issued a negative Officer Evaluation Report, and removed from the attendance list of the National War College.