thedrifter
07-02-07, 07:06 AM
Survivors may be in dark on death investigations
Kin often told only if friendly fire is cited as cause
By Karen Jowers - kjowers@militarytimes.com
Posted : July 09, 2007
The Marine Corps may not be complying with a law that requires families to be notified when an investigation is being conducted in connection with the death of their service member, such as in cases of friendly fire, a Marine official acknowledged during a June 27 congressional hearing.
The Corps is aware of the law, said retired Marine Brig. Gen. Michael Downs, director of the personnel and family readiness division, which includes the casualty division at Marine Corps headquarters.
He said the family is notified after the investigation is finished if a determination is made that a death did involve friendly fire.
“Clearly, we need to look at the issue of ‘under investigation,’” Downs said, and to ensure that combatant commanders or those involved make changes to the personnel casualty report earlier, instead of waiting until the investigation is complete.
Those changes to the personnel casualty report trigger contact with the family, notifying them about the findings, he said.
“The existence of this requirement is well known. It’s an issue of 100 percent adherence,” Downs told the House Armed Services military personnel subcommittee.
The services vary in their policies related to investigations and notifications after service members are killed, which concerns some lawmakers.
Rep. Vic Snyder, D-Ark., chairman of the subcommittee, described the hearing as “an unsatisfactory experience.”
“I though this would be crisper, more clear and uniform. But I’ve got uneasiness about this process that I hope can be dispelled,” Snyder said.
He said more hearings may be held on the issue, adding that a clear-cut process is needed so there is an expectation that all military families will be treated the same way.
Army, Navy and Air Force officials said they notify families when an investigation begins. “As soon as we get information the case is under investigation or unknown, we will notify the family,” said Brig. Gen. Reuben Jones, Army adjutant general.
Service policies also vary when it comes to investigating hostile deaths. The Air Force has investigated all hostile incidents involving deaths since 2004. The Army instituted the same policy after reviewing its handling of the notification process in friendly fire cases, including the case of Cpl. Pat Tillman.
The Marine Corps and the Navy do not investigate all hostile-fire deaths, leading some subcommittee members to ask whether a Pentagon-wide policy is necessary.
Downs said he thinks a militarywide policy is not needed. “We have to rely on the individual commanders to make those judgments,” he said.
“Quite frankly, a number of the casualties that are received primarily through improvised explosive devices, there is no question as to what in fact occurred. To burden folks with formal investigations would be not warranted.”
He said the Corps investigates hostile deaths only when commanders or their superiors have some suspicion or uncertainty about the cause.
The Corps has had two friendly fire incidents since operations began in Afghanistan and Iraq, Downs said. One involved the deaths of 18 Marines in Iraq in 2003; the other involved the wounding of a Marine in April 2005.
“Does the fact that there have been only two confirmed incidents of friendly fire cause you to step back and say — or anyone senior to you — that perhaps our system is not turning up every incident, given the length of the war [and] the great involvement of the Marine Corps in some very difficult fighting?” Snyder asked.
“To respond to that, I would have to question the performance of duty of individuals that knew something to occur or suspected something to occur, [and] didn’t follow the mandate to amend personnel casualty reports,” Downs said. “I’m not prepared to do that.”
Of the Army’s 2,200 casualty notifications, 16 initially were reported as friendly fire and later confirmed, said Jones.
In 15 additional deaths first reported to be caused by hostile fire, families were notified when Army casualty officials learned of the possibility that they were friendly fire incidents, he said.
In the Marine Corps’ second incident of friendly fire, involving the wounding of Sgt. Eddie Ryan, his family did not find out it was a friendly fire incident until after they began inquiries about why Ryan did not receive a Purple Heart, said Rep. Maurice Hinchey, D-N.Y.
In September 2005, 119 days after the incident, it was revealed to have been a case of friendly fire, said Hinchey, who questioned why it took so long to notify the family.
Downs said the results of the investigation that determined the cause to be friendly fire were forwarded to casualty headquarters in May 2005, but the information was logged in the wrong place on the form.
“There’s no question [the family] should have been notified in May. It should have been picked up,” he said, calling the mix-up a “human error problem.”
But Hinchey said he has received conflicting information and asked Downs to look into the case in more detail.
Ellie
Kin often told only if friendly fire is cited as cause
By Karen Jowers - kjowers@militarytimes.com
Posted : July 09, 2007
The Marine Corps may not be complying with a law that requires families to be notified when an investigation is being conducted in connection with the death of their service member, such as in cases of friendly fire, a Marine official acknowledged during a June 27 congressional hearing.
The Corps is aware of the law, said retired Marine Brig. Gen. Michael Downs, director of the personnel and family readiness division, which includes the casualty division at Marine Corps headquarters.
He said the family is notified after the investigation is finished if a determination is made that a death did involve friendly fire.
“Clearly, we need to look at the issue of ‘under investigation,’” Downs said, and to ensure that combatant commanders or those involved make changes to the personnel casualty report earlier, instead of waiting until the investigation is complete.
Those changes to the personnel casualty report trigger contact with the family, notifying them about the findings, he said.
“The existence of this requirement is well known. It’s an issue of 100 percent adherence,” Downs told the House Armed Services military personnel subcommittee.
The services vary in their policies related to investigations and notifications after service members are killed, which concerns some lawmakers.
Rep. Vic Snyder, D-Ark., chairman of the subcommittee, described the hearing as “an unsatisfactory experience.”
“I though this would be crisper, more clear and uniform. But I’ve got uneasiness about this process that I hope can be dispelled,” Snyder said.
He said more hearings may be held on the issue, adding that a clear-cut process is needed so there is an expectation that all military families will be treated the same way.
Army, Navy and Air Force officials said they notify families when an investigation begins. “As soon as we get information the case is under investigation or unknown, we will notify the family,” said Brig. Gen. Reuben Jones, Army adjutant general.
Service policies also vary when it comes to investigating hostile deaths. The Air Force has investigated all hostile incidents involving deaths since 2004. The Army instituted the same policy after reviewing its handling of the notification process in friendly fire cases, including the case of Cpl. Pat Tillman.
The Marine Corps and the Navy do not investigate all hostile-fire deaths, leading some subcommittee members to ask whether a Pentagon-wide policy is necessary.
Downs said he thinks a militarywide policy is not needed. “We have to rely on the individual commanders to make those judgments,” he said.
“Quite frankly, a number of the casualties that are received primarily through improvised explosive devices, there is no question as to what in fact occurred. To burden folks with formal investigations would be not warranted.”
He said the Corps investigates hostile deaths only when commanders or their superiors have some suspicion or uncertainty about the cause.
The Corps has had two friendly fire incidents since operations began in Afghanistan and Iraq, Downs said. One involved the deaths of 18 Marines in Iraq in 2003; the other involved the wounding of a Marine in April 2005.
“Does the fact that there have been only two confirmed incidents of friendly fire cause you to step back and say — or anyone senior to you — that perhaps our system is not turning up every incident, given the length of the war [and] the great involvement of the Marine Corps in some very difficult fighting?” Snyder asked.
“To respond to that, I would have to question the performance of duty of individuals that knew something to occur or suspected something to occur, [and] didn’t follow the mandate to amend personnel casualty reports,” Downs said. “I’m not prepared to do that.”
Of the Army’s 2,200 casualty notifications, 16 initially were reported as friendly fire and later confirmed, said Jones.
In 15 additional deaths first reported to be caused by hostile fire, families were notified when Army casualty officials learned of the possibility that they were friendly fire incidents, he said.
In the Marine Corps’ second incident of friendly fire, involving the wounding of Sgt. Eddie Ryan, his family did not find out it was a friendly fire incident until after they began inquiries about why Ryan did not receive a Purple Heart, said Rep. Maurice Hinchey, D-N.Y.
In September 2005, 119 days after the incident, it was revealed to have been a case of friendly fire, said Hinchey, who questioned why it took so long to notify the family.
Downs said the results of the investigation that determined the cause to be friendly fire were forwarded to casualty headquarters in May 2005, but the information was logged in the wrong place on the form.
“There’s no question [the family] should have been notified in May. It should have been picked up,” he said, calling the mix-up a “human error problem.”
But Hinchey said he has received conflicting information and asked Downs to look into the case in more detail.
Ellie