Accountability

1. Accountability

2. Accountability • Legal Accident Investigations • Criminal Investigation Division Investigations • UCMJ • Line of Duty Investigations • Financial Liability Investigations of Property Loss • Adverse Administrative Actions

3. Legal Accident Investigations • To obtain and preserve all available evidence for use in subsequent administrative or legal actions. • Legal investigations required for: • Class A mishaps • LOD enough for off-duty deaths • As directed by the SJA • Anticipate litigation or claim • Against US • Against contractor • Anticipate disciplinary action • Probable high public interest

4. Legal Accident Investigations (formerly known as collaterals) • Use procedures in AR 15-6 and AR 27-20 • Per AR 385-10 • conducted independently and apart • safety personnel will not conduct, review, evaluate, assist with, or maintain on file… • Factual, non-privileged portion of safety report may be shared • Shared information does not include findings, analysis, and recommendations • DODI 6055.7, AR 385-10

5. Line of Duty Determinations • AR 600-8-1, Army Casualties and Memorial Affairs and Line of Duty Investigations • Premise – Every soldier who incurs an injury or disease while conducting himself properly as a member of the armed forces is entitled to certain benefits. • “Line of Duty” vs. Conduct • LOD – Individuals status as a functioning member of the Army • Conduct – characterization of the person’s behavior based on tort principles AR 600-8-1

6. LOD Findings • LOD (not due to own misconduct) • Incurred, contracted or aggravated while SM on AD • Not proximately caused by soldier’s intentional misconduct or willful negligence • NLD – NDOM (not in line of duty – not due to own misconduct) • While SM was AWOL • Not proximately caused by SM’s misconduct or negligence • NLD – DOM (not in line of duty – due to own misconduct) • Proximately caused by intentional misconduct or willful negligence of the soldier

7. LOD Presumptions • Rebuttable • LOD – Yes • Requires “substantial evidence” to rebut • Sound mind and physically fit upon entry • Service aggravation presumption • Suicides • Presumed “accidental self-destruction” • Unless substantial evidence of greater weight supports intentional misconduct • Law presumes a sane person will not commit suicide • Thus, possibility of suicide does not overcome LOD presumptions • BUT, LOD determination not done for death cases (only injury or disease, i.e. suicide attempts)

8. Uses of LOD Determination • Pay and Allowances • Medical Care Costs • Severance Pay • Medical Retirement • Disability Compensation

9. LIFE INSURANCE • SGLI • $400,000 • AD, Guard and Reserve • No suicide clause • Forfeit for mutiny, treason, spying, desertion or conscientious objector status • VGLI • First 5 years after leaving service • $10,000 increments, up to $400,000 • S-DVI • For service connected disability • $10,000 • LOD required

10. Financial Liability Investigations of Property Loss • Old Report of Survey system • Used to account for loss or damage to government property • Use DD Form 200 • Preponderance of the Evidence Standard • Simple negligence • One month’s base pay • Multiple people share according to grade • Gross negligence • Wanton disregard for the consequences • Weapons & government quarters

11. Case Studies • Coast Guard Collision • Navy Gondola Strike • Bahamas UH-60 • B52 • Pat Tillman

12. Coast Guard Collision • December 2009 San Diego Christmas Parade of Lights • CG and civilian vessel collided • 5 people injured, 8-year old boy killed • 4/5 crew charged with: • Involuntary manslaughter • Dereliction of Duty • Acquitted on manslaughter • Guilty of dereliction for failure to conduct a risk assessment!! • Family has filed FTCA suit.

13. Italy Gondola Incident • Safety Investigation initiated • Dual Purpose investigation • Other investigations • NATO STANAG 3531 • Magistrate • NCIS • Cherry Point

14. Jurisdiction • NATO SOFA • primary jurisdiction • Italian Request for Waiver • political pressure • US response • Magistrate’s attempt

15. Claims Wrongful death Property Business losses $20-45 million

16. Bahamas UH-60 Crash • Courts-martial of all 3 crewmembers • Involuntary Manslaughter (Art. 119) • In that CW2 Riddell, did at Great Exumas, Bahamas, on or about 6 July 98, by culpable negligence, while operating an aircraft, kill Mrs. Riddell. • Dishonorable Discharge, Forfeiture of All Pay and Allowances, Confinement for 10 years • Defense may request the accident report • See Navy Safety Center Safety Quarterly, April-June 2008 • U.S.A.F. v. LTC Pellerin, USAF

17. B-52 Accident

18. Pat Tillman Fratricide in Afghanistan • Criminal investigation • Collateral investigation • IG investigation • Two congressional hearings • Safety investigation

19. From Wikipedia Page on Pat Tillman The specific details of his death and its aftermath are currently being investigated by the US Congress. The Army initially claimed that Tillman and his unit were attacked in an apparent ambush… The Army Special Operations Command initially claimed that there was an exchange with hostile forces. After a lengthy investigation conducted by Brigadier General Jones, the U.S. Department of Defense concluded that both the Afghan militia soldier's and Pat Tillman's deaths were due to friendly fire aggravated by the intensity of the firefight. A more thorough investigation concluded that no hostile forces were involved in the firefight and that two allied groups fired on each other in confusion after a nearby explosive device was detonated. On July 26, 2007, AP received official documents stating that the investigating doctors performing the autopsy suspected that Tillman was murdered.

20. CONCLUSION • Commanders’ own the safety program • Enforce standards • Accountability is key • Tell the truth • Need help?? Call the professionals.

21. Questions