Accountability

AccountabilityLegal Accident InvestigationsCriminal Investigation Division InvestigationsUCMJLine of Duty InvestigationsFinancial Liability Investigations of Property LossAdverse Administrative Actions

Legal Accident InvestigationsTo 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 deathsAs directed by the SJA Anticipate litigation or claimAgainst USAgainst contractorAnticipate disciplinary actionProbable high public interest

Legal Accident Investigations (formerly known as collaterals)Use procedures in AR 15-6 and AR 27-20Per AR 385-10conducted independently and apartsafety personnel will not conduct, review, evaluate, assist with, or maintain on fileFactual, non-privileged portion of safety report may be sharedShared information does not include findings, analysis, and recommendationsDODI 6055.7, AR 385-10

Line of Duty DeterminationsAR 600-8-1, Army Casualties and Memorial Affairs and Line of Duty InvestigationsPremise 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. ConductLOD Individuals status as a functioning member of the ArmyConduct characterization of the persons behavior based on tort principles

AR 600-8-1LOD FindingsLOD (not due to own misconduct)Incurred, contracted or aggravated while SM on ADNot proximately caused by soldiers intentional misconduct or willful negligenceNLD NDOM (not in line of duty not due to own misconduct)While SM was AWOLNot proximately caused by SMs misconduct or negligenceNLD DOM (not in line of duty due to own misconduct)Proximately caused by intentional misconduct or willful negligence of the soldier

LOD PresumptionsRebuttableLOD YesRequires substantial evidence to rebutSound mind and physically fit upon entryService aggravation presumptionSuicidesPresumed accidental self-destructionUnless substantial evidence of greater weight supports intentional misconductLaw presumes a sane person will not commit suicideThus, possibility of suicide does not overcome LOD presumptionsBUT, LOD determination not done for death cases (only injury or disease, i.e. suicide attempts)

Uses of LOD DeterminationPay and AllowancesMedical Care CostsSeverance PayMedical RetirementDisability Compensation

SGLI $400,000AD, Guard and ReserveNo suicide clauseForfeit for mutiny, treason, spying, desertion or conscientious objector statusVGLIFirst 5 years after leaving service$10,000 increments, up to $400,000S-DVIFor service connected disability$10,000LOD required

LIFE INSURANCE

Financial Liability Investigations of Property LossOld Report of Survey systemUsed to account for loss or damage to government propertyUse DD Form 200Preponderance of the Evidence StandardSimple negligenceOne months base payMultiple people share according to gradeGross negligenceWanton disregard for the consequencesWeapons & government quarters

11Case StudiesCoast Guard Collision Navy Gondola StrikeBahamas UH-60B52Pat Tillman

12December 2009 San Diego Christmas Parade of LightsCG and civilian vessel collided5 people injured, 8-year old boy killed4/5 crew charged with:Involuntary manslaughterDereliction of DutyAcquitted on manslaughterGuilty of dereliction for failure to conduct a risk assessment!! Family has filed FTCA suit.Coast Guard Collision

Safety Investigation initiatedDual Purpose investigationOther investigationsNATO STANAG 3531MagistrateNCISCherry PointItaly Gondola Incident

14NATO SOFA primary jurisdictionItalian Request for Waiverpolitical pressureUS responseMagistrates attemptJurisdiction

15Wrongful deathPropertyBusiness losses$20-45 millionClaims

16Courts-martial of all 3 crewmembersInvoluntary 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 yearsDefense may request the accident reportSee Navy Safety Center Safety Quarterly, April-June 2008U.S.A.F. v. LTC Pellerin, USAFBahamas UH-60 Crash

17B-52 Accident

Criminal investigationCollateral investigationIG investigationTwo congressional hearingsSafety investigationPat Tillman Fratricide in Afghanistan

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 ambushThe 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.

From Wikipedia Page on Pat TillmanCommanders own the safety programEnforce standardsAccountability is keyTell the truthNeed help?? Call the professionals.CONCLUSION

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