Presentation on theme: " Legal Accident Investigations Criminal Investigation Division Investigations UCMJ Line of Duty Investigations Financial Liability Investigations."— Presentation transcript:
Legal Accident Investigations Criminal Investigation Division Investigations UCMJ Line of Duty Investigations Financial Liability Investigations of Property Loss Adverse Administrative Actions
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
Use procedures in AR 15-6 and AR Per AR 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 , AR
AR , 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
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
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)
Pay and Allowances Medical Care Costs Severance Pay Medical Retirement Disability Compensation
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
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
Coast Guard Collision Navy Gondola Strike Bahamas UH-60 B52 Pat Tillman
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.
Safety Investigation initiated Dual Purpose investigation Other investigations NATO STANAG 3531 Magistrate NCIS Cherry Point
NATO SOFA primary jurisdiction Italian Request for Waiver political pressure US response Magistrate’s attempt
Wrongful death Property Business losses $20-45 million
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
The specific details of his death and its aftermath are currently being investigated by the US Congress.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.Army Special Operations CommandBrigadier GeneralU.S. Department of Defense 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.
Commanders’ own the safety program Enforce standards Accountability is key Tell the truth Need help?? Call the professionals.