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Guarding the Guardsmen: Former service member stands up for fellow soldiers

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LAS VEGAS (KTNV) — The brave men and women of our Nevada National Guard fight for what's right for all of us, in whatever capacity they serve.

So when we learned some of their voices were being silenced when they raised concerns, we stepped up to give them a voice in the form of our 13 Investigates series, Guarding the Guardsmen. 13 Investigates continues that coverage with a new voice vowing to fight alongside us and our Guardsmen.

Since we began our reporting about the Nevada National Guard, we've heard from current and former service members and veteran advocates across the country. They say our reports are critical in combating a culture where retaliation against those who call out wrongdoing can be the military's greatest threat.

That's what motivated the former Marine you're about to meet to take a stand, refusing to allow the Nevada Guard to push him down.

Guarding the Guardsmen

"I don't really like bullies. I got bullied a lot when I was a kid."

Beating back those memories is what sparked Andy Lindstrom's desire to join the United States Marines.

"Infantry, naturally. So I'm gonna go be a tough guy," Lindstrom says with a humble smile.

He served in that elite fighting force for four years, did two combat tours in Afghanistan, and separated honorably in 2013, according to his records.

He then went on to continue his service in the Nevada National Guard, where he says he found a drastically different culture.

"It definitely is a bullying culture."

Andy says he saw our reports about Sgt. 1st Class Allison Bailey and Senior Airman Elizabeth Smith.

WATCH: The case of Sgt. 1st Class Allison Bailey

Guarding the guardsmen: The case of Sgt. 1st Class Allison Bailey

"I want the military as well — not only the Nevada National Guard, but the military — to be a safe place for women to serve without being harassed," Lindstrom explains. "Without being propositioned, without being groomed, without constantly being pursued by men in an inappropriate fashion within the workplace."

So he became a whistleblower.

"What specifically did you blow the whistle on," I questioned.

"A married soldier — who had already been reprimanded for propositioning a junior enlisted soldier — sent an inappropriate picture of his genitals to another junior enlisted soldier," he replied.

Lindstrom says that was reported to the First Sergeant of the company, who allegedly swept it under the rug.

He told us senior officers did the same and says a similar thing happened when he tried to tell senior non-commissioned officers about it.

He also described similar pushback when raising questions about another incident involving a commanding officer.

"There was a sign that got put up by somebody — that was not me — that said, LIEUTENANT COLONEL [BLANK]; STOP KISSING SPECIALISTS and they were referring to a Christmas party this individual was at when he was caught making out with this junior enlisted soldier."

If true, both incidents are considered fraternization, which is contrary to military code.

Military fraternization

Many in the ranks have told 13 Investigates they're frustrated with what appears to be a double standard surrounding cases of fraternization and harassment.

"Why is the culture, that you've encountered, to sweep things under the rug as opposed to holding people in this important position to a higher standard," I asked.

"It's kind of like the Roman Senate. You know, everybody has dirt on everybody," Lindstrom said.

During his eight years with the Guard, Lindstrom says his evaluations were solid until he started speaking out.

"And it's kind of like...if you know what's good for you, you'll just shut up and keep your head down, you know, if you want to keep your career, if you want to keep your job."

By October 2021, he became increasingly frustrated with what he calls continuous threats to both his military career and state civilian job.

As a civilian, Lindstrom worked at a Nevada Guard facility as an IT security specialist for the Nevada Office of the Military. He left the Guard to focus on that state job, but says he could not leave the retaliation behind.

Guarding the Guardsmen - Andy Lindstrom

On May 13, 2022, "I walk in the hallway and there's two Air Force MPs, my boss, as well as an HR person for the state and he says, 'We're going to have to let you go.' And I say, 'Why?' And he's like, 'Well, it's not a good fit.'"

Lindstrom believes that was a cover-up for the Guard conducting an improper and retaliatory investigation into him that he was never notified of or questioned for.

A document that Lindtrom provided to 13 Investigates shows he was being investigated — but doesn't state a reason.

"So they're picking and choosing what rules they want to follow," he says.

On February 5, 2023 he filed an Appeal of Whistleblower Retaliation with the Nevada State Personnel Commission claiming he was fired from his state civilian job in retaliation for "uncovering sexual misconduct by Guard members."

He's representing himself and has filed a Motion for Summary Judgment claiming the Nevada Office of the Military has wasted no opportunity to delay, derail and disrupt the process.

"You'll just get this like nonstop back and forth from them," Lindstrom says.

Guarding the Guardsmen - Andy Lindstrom

One example; conflicting emails from the Nevada Guard and the National Guard Bureau — each claiming the other has documents Lindstrom is seeking to help prove his case.

13 Investigates got similar results when we filed a public records request a year ago for our previous reports. This was shuffled back and forth between the National Guard Bureau and the Nevada Guard. And to this day, we have not received the documents.

While the National Guard Bureau says they expect to deliver a portion of our requests in October this year, they did not indicate what that will, or will not, include.

As for Lindstrom, the state has tried and failed to have his case dismissed. However, Lindstrom says they have been able to avoid service for subpoenas repeatedly and had hearings rescheduled or continued multiple times.

In a Motion to Dismiss, state attorneys argue Andy was in a probationary status and could "...be released from probation at any point in time for any reason or no reason at all provided the reason is not a prohibited reason."

They also claim only two of about two dozen people named in Lindstrom's complaint are state employees. Therefore, all of his allegations against non-state employees shouldn't be considered in his whistleblowing complaint. They also allege that some allegations in Lindstrom's complaint occurred after he was let go.

"The common themes I've seen from your reporting are a lot of pages taken out of the standard Department of Defense playbook"

Air Force Academy graduate and former fighter pilot Ryan Sweazey reached out to 13 Investigates after seeing our previous Guarding the Guardsmen reports. He's also spoken with Lindstrom about his experience.

Guarding the Guardsmen - Ryan Sweazey

Sweazey was a Lt. Colonel when he tried to blow the whistle in 2020 while serving in the Defense Intelligence Agency(DIA)

"I reported two of my colleagues for dereliction of duty and hostile work environment, and managers from the Defense Intelligence Agency came out and committed two counts of reprisal — the first by canceling my follow on assignment, the second by writing a subpar performance report," Sweazey explains.

All but eliminating his promotion prospects, which he says brought his military career to a screeching halt.

"You devote your adult life to an institution that you believe in, that says it's going to protect you, says that it's your duty to report wrongdoings and that you'll be protected by doing so. And then, not only does it not protect you, it turns on you and betrays you," Sweazey says.

Guarding the Guardsmen - Ryan Sweazey

So he took his case to Congress, along with 31 witness statements, and submitted a report titled "Toxicity in the Defense Attache Service (DAS) and the Resultant Threat to National Security" to various military-related committees.

"And they eventually passed law, through the National Defense Authorization Act 2022, saying Defense Intelligence Agency needed to address an environment, which was permissive for management abuses," Sweazey said.

He then embarked on a new mission, creating an organization called Walk the Talk where he's assisted more than 300 service members who say they've faced retaliation.

"Walk the Talk Foundation was named deliberately because I don't feel the military walks the talk," Sweazey said.

Guarding the Guardsmen - Ryan Sweazey

We tried to ask the Nevada Guard about management abuses in its ranks, including what Andy alleges. As we have for our past stories, we requested an on-camera interview with Major General Ondra Berry, which the Guard once again declined.

They also did not address any of our specific questions about Lindstrom's claims.

Instead, in an emailed statement, they wrote: "Andrew Lindstrom has provided no evidence to support any of his allegations. His sole intent is to harass and embarrass the Nevada National Guard. KTNV entertaining his baseless allegations underlines the news organization's lack of journalistic integrity."

As for the Nevada Guard questioning our journalistic integrity, we stand by our First Amendment rights and our duty to hold the powerful accountable.

"The military is far more apt to attack the individual who raises concerns of wrongdoing, but not attacking the wrongdoing themselves," Sweazey said.

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