Legal Accident Investigations
 Criminal Investigation Division Investigations
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• UCMJ
Line of Duty Investigations
 Financial Liability Investigations of Property Loss
 Adverse Administrative Actions
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To obtain and preserve all available evidence
for use in subsequent administrative or legal
actions.
Legal investigations required for:
Class A mishaps
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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
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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
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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
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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
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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
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Sound mind and physically fit upon entry
• Service aggravation presumption
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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
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SGLI
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$400,000
AD, Guard and Reserve
No suicide clause
Forfeit for mutiny, treason, spying, desertion or
conscientious objector status
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VGLI
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S-DVI
• First 5 years after leaving service
• $10,000 increments, up to $400,000
• 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
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• One month’s base pay
• Multiple people share according to grade
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Gross negligence
• Wanton disregard for the consequences
• Weapons & government quarters
Coast Guard Collision
 Navy Gondola Strike
 Bahamas UH-60
 B52
 Pat Tillman
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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
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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
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NATO STANAG 3531
Magistrate
NCIS
Cherry Point
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NATO SOFA
• primary jurisdiction
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Italian Request for Waiver
• political pressure
• US response
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Magistrate’s attempt
Wrongful death
 Property
 Business losses
 $20-45 million
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Courts-martial of all 3 crewmembers
 Involuntary Manslaughter (Art. 119)
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• 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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Criminal
investigation
Collateral
investigation
IG investigation
Two congressional
hearings
Safety investigation
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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
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Need help?? Call the professionals.