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Collateral Investigations
Criminal Investigation Division Investigations
• UCMJ
Line of Duty Investigations
Financial Liability Investigations of Property Loss
Adverse Administrative Actions

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To obtain and preserve evidence for litigation, claims, disciplinary action, or adverse administrative actions
Collateral required for:
• Class A mishaps - Limited use safety
• Anticipate litigation
• Anticipate disciplinary action
• Probable high public interest

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Use procedures in AR 15-6 and AR 27-20
• “Conduct independently and apart”
• “Shall not conduct, review, evaluate, assist with, or maintain files...”
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

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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

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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

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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)

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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

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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

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Ft. Bliss Driver Training
Navy Gondola Strike
Bahamas UH-60
B52
Pat Tillman

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Safety Investigation initiated
Dual Purpose investigation
Other investigations
• NATO STANAG 3531
• Magistrate
• NCIS
• Cherry Point

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

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Wrongful death
Property
Business losses
$20-45 million

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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

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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.

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