[Media-watch] Army spun tale around ill-fated mission - Washington Post - 6/12/2004

[Julie-ann Davies]

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JA
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http://www.washingtonpost.com/wp-dyn/articles/A37679-2004Dec5.html?sub=AR

Army Spun Tale Around Ill-Fated Mission

By Steve Coll
Washington Post Staff Writer
Monday, December 6, 2004; Page A01


Second in a two-part series.

Just days after Pat Tillman died from friendly fire on a desolate ridge in 
southeastern Afghanistan, the U.S. Army Special Operations Command released 
a brief account of his last moments.

The April 30, 2004, statement awarded Tillman a posthumous Silver Star for 
combat valor and described how a section of his Ranger platoon came under 
attack.

"He ordered his team to dismount and then maneuvered the Rangers up a hill 
near the enemy's location," the release said. "As they crested the hill, 
Tillman directed his team into firing positions and personally provided 
suppressive fire. . . . Tillman's voice was heard issuing commands to take 
the fight to the enemy forces."

It was a stirring tale and fitting eulogy for the Army's most famous 
volunteer in the war on terrorism, a charismatic former pro football star 
whose reticence, courage and handsome beret-draped face captured for many 
Americans the best aspects of the country's post-Sept. 11 character.

It was also a distorted and incomplete narrative, according to dozens of 
internal Army documents obtained by The Washington Post that describe 
Tillman's death by fratricide after a chain of botched communications, a 
misguided order to divide his platoon over the objection of its leader and 
undisciplined firing by fellow Rangers.

The Army's public release made no mention of friendly fire, even though at 
the time it was issued, investigators in Afghanistan had already taken at 
least 14 sworn statements from Tillman's platoon members that made clear the 
true causes of his death. The statements included a searing account from the 
Ranger nearest Tillman during the firefight, who quoted him as shouting 
"Cease fire! Friendlies!" with his last breaths.

Army records show Tillman fought bravely during his final battle. He 
followed orders, never wavered and at one stage proposed discarding his 
heavy body armor, apparently because he wanted to charge a distant ridge 
occupied by the enemy, an idea his immediate superior rejected, witness 
statements show.

But the Army's published account not only withheld all evidence of 
fratricide, but also exaggerated Tillman's role and stripped his actions of 
their context. Tillman was not one of the senior commanders on the scene --  
he directed only himself, one other Ranger and an Afghan militiaman, under 
supervision from others. And witness statements in the Army's files at the 
time of the news release describe Tillman's voice ringing out on the 
battlefield mainly in a desperate effort, joined by other Rangers on his 
ridge, to warn comrades to stop shooting at their own men.

The Army's April 30 news release was just one episode in a broader Army 
effort to manage the uncomfortable facts of Pat Tillman's death, according 
to internal records and interviews.

During several weeks of memorials and commemorations that followed Tillman's 
death, commanders at his 75th Ranger Regiment and their superiors hid the 
truth about friendly fire from Tillman's brother Kevin, who had fought with 
Pat in the same platoon, but was not involved in the firing incident and did 
not know the cause of his brother's death. Commanders also withheld the 
facts from Tillman's widow, his parents, national politicians and the 
public, according to records and interviews with sources involved in the 
case.

On May 3, Ranger and Army officers joined hundreds of mourners at a public 
ceremony in San Jose, where Sen. John McCain (R-Ariz.), Denver Broncos 
quarterback Jake Plummer and Maria Shriver took the podium to remember 
Tillman. The visiting officers gave no hint of the evidence investigators 
had collected in Afghanistan.

In a telephone interview, McCain said: "I think it would have been helpful 
to have at least their suspicions known" before he spoke publicly about 
Tillman's death. Even more, he said, "the family deserved some kind of 
heads-up that there would be questions."

McCain said yesterday that questions raised by Mary Tillman, Pat's mother, 
about how the Army handled the case led him to meet twice earlier this fall 
with Army officers and former acting Army secretary Les Brownlee to seek 
answers. About a month ago, McCain said, Brownlee told him that the Pentagon 
would reopen its investigation. McCain said that he was not certain about 
the scope of the new investigation but that he believed it is continuing. A 
Pentagon official confirmed that an investigation is underway, but Army 
spokesmen declined to comment further.

 When she first learned that friendly fire had taken her son's life, "I was 
upset about it, but I thought, 'Well, accidents happen,' " Mary Tillman said 
in a telephone interview yesterday. "Then when I found out that it was 
because of huge negligence at places along the way -- you have time to 
process that and you really get annoyed."

Army Cites Probable Friendly Fire

As memorials and news releases shaped public perceptions in May, Army 
commanders privately pursued military justice investigations of several 
low-ranking Rangers who had fired on Tillman's position and officers who 
issued the ill-fated mission's orders, records show.

Army records show that Col. James C. Nixon, the 75th Ranger Regiment's 
commander, accepted his chief investigator's findings on the same day, May 
8, that he was officially appointed to run the case. A spokesman for U.S. 
Central Command, or CENTCOM, which is legally responsible for the 
investigation, declined to respond to a question about the short time frame 
between the appointment and the findings.

The Army acknowledged only that friendly fire "probably" killed Tillman when 
Lt. Gen. Philip R. Kensinger Jr. made a terse announcement on May 29 at Fort 
Bragg, N.C. Kensinger declined to answer further questions and offered no 
details about the investigation, its conclusions or who might be held 
accountable.

Army spokesmen said last week that they followed standard policy in delaying 
and limiting disclosure of fratricide evidence. "All the services do not 
prematurely disclose any investigation findings until the investigation is 
complete," said Lt. Col. Hans Bush, chief of public affairs for the Army 
Special Operations Command at Fort Bragg. The Silver Star narrative released 
on April 30 came from information provided by Ranger commanders in the 
field, Bush said.

Kensinger's May 29 announcement that fratricide was probable came from an 
executive summary supplied by Central Command only the night before, he 
said. Because Kensinger was unfamiliar with the underlying evidence, he felt 
he could not answer questions, Bush said.

For its part, Central Command, headquartered at MacDill Air Force Base in 
Tampa, handled the disclosures "in accordance with [Department of Defense] 
policies," Lt. Cmdr. Nick Balice, a command spokesman, said in an e-mail on 
Saturday responding to questions. Asked specifically why Central Command 
withheld any suggestion of fratricide when Army investigators by April 26 
had collected at least 14 witness statements describing the incident, Balice 
wrote in an e-mail: "The specific details of this incident were not known 
until the completion of the investigation."

Few Guidelines for Cases

The U.S. military has confronted a series of prominent friendly-fire cases 
in recent years, in part because hair-trigger technology and increasingly 
lethal remote-fire weapons can quickly turn relatively small mistakes into 
deadly tragedies. Yet the military's justice system has few consistent 
guidelines for such cases, according to specialists in Army law. 
Decision-making about how to mete out justice rests with individual unit 
commanders who often work in secret, acting as both investigators and 
judges. Their judgments can vary widely from case to case.

"You can have tremendously divergent outcomes at a very low level of 
visibility," said Eugene R. Fidell, president of the National Institute of 
Military Justice and a visiting lecturer at Harvard Law School. "That does 
not necessarily contribute to public confidence in the administration of 
justice in the military. Other countries have been moving away" from systems 
that put field commanders in charge of their own fratricide investigations, 
he said.

In the Tillman case, those factors were compounded by the victim's 
extraordinary public profile. Also, Tillman's April 22 death was announced 
just days before the shocking disclosure of photographs of abuse by U.S. 
soldiers working as guards in Iraq's Abu Ghraib prison. The photos ignited 
an international furor and generated widespread questions about discipline 
and accountability in the Army.

Commemorations of Tillman's courage and sacrifice offered contrasting images 
of honorable service, undisturbed by questions about possible command or 
battlefield mistakes.

Whatever the cause, McCain said, "you may have at least a subconscious 
desire here to portray the situation in the best light, which may not have 
been totally justified."

A Disaster Unfolds

Working in private last spring, the 75th Ranger Regiment moved quickly to 
investigate and wrap up the case, Army records show.

Immediately after the incident, platoon members generated after-action 
statements, and investigators working in Afghanistan gathered logs, 
documents and e-mails. The investigators interviewed platoon members and 
senior officers to reconstruct the chain of events. By early May, the 
evidence made clear in precise detail how the disaster unfolded.

On patrol in Taliban-infested sectors of Afghanistan's Paktia province, 
Tillman's "Black Sheep" platoon, formally known as 2nd Platoon, A Company, 
2nd Battalion, 75th Ranger Regiment, became bogged down because of a broken 
Humvee. Lt. David Uthlaut, the platoon leader, recommended that his unit 
stay together, deliver the truck to a nearby road, then complete his 
mission. He was overruled by a superior officer monitoring his operations 
from distant Bagram, near Kabul, who ordered Uthlaut to split his platoon, 
with one section taking care of the Humvee and the other proceeding to a 
village, where the platoon was to search for enemy guerrillas.

Steep terrain and high canyon walls prevented the two platoon sections from 
communicating with each other at crucial moments. When one section 
unexpectedly changed its route and ran into an apparent Taliban ambush while 
trapped in a deep canyon, the other section from a nearby ridge began firing 
in support at the ambushers. As the ambushed group broke free from the 
canyon, machine guns blazing, one heavily armed vehicle mistook an allied 
Afghan militiaman for the enemy and poured hundreds of rounds at positions 
occupied by fellow Rangers, killing Pat Tillman and the Afghan.

Investigators had to decide whether low-ranking Rangers who did the shooting 
had followed their training or had fired so recklessly that they should face 
military discipline or criminal charges. The investigators also had to 
decide whether more senior officers whose decisions contributed to the chain 
of confusion around the incident were liable.

Reporting formally to Col. Nixon in Bagram on May 8, the case's chief 
investigator offered nine specific conclusions, which Nixon endorsed, 
according to the records.

Among them:

. The decision by a Ranger commander to divide Tillman's 2nd Platoon into 
two groups, despite the objections of the platoon's leader, "created serious 
command and control issues" and "contributed to the eventual breakdown in 
internal Platoon communications." The Post could not confirm the name of the 
officer who issued this command.

. The A Company commander's order to the platoon leader to get "boots on the 
ground" at his mission objective created a "false sense of urgency" in the 
platoon, which, "whether intentional or not," led to "a hasty plan." That 
officer's name also could not be confirmed by The Post.

. Sgt. Greg Baker, the lead gunner in the Humvee that poured the heaviest 
fire on Ranger positions, "failed to maintain his situational awareness" at 
key moments of the battle and "failed" to direct the firing of the other 
gunners in his vehicle.

. The other gunners "failed to positively identify their respective targets 
and exercise good fire discipline. . . . Their collective failure to 
exercise fire discipline, by confirming the identity of their targets, 
resulted in the shootings of Corporal Tillman."

The chief investigator appeared to reserve his harshest judgments for the 
lower-ranking Rangers who did the shooting rather than the higher-ranking 
officers who oversaw the mission. While his judgments about the senior 
officers focused on process and communication problems, the chief 
investigator wrote about the failures in Baker's truck:

"While a great deal of discretion should be granted to a leader who is 
making difficult judgments in the heat of combat, the Command also has a 
responsibility to hold its leaders accountable when that judgment is so 
wanton or poor that it places the lives of other men at risk."

Gen. John P. Abizaid, CENTCOM's commander in chief, formally approved the 
investigation's conclusions on May 28 under an aide's signature and 
forwarded the report to Special Operations commanders "for evaluation and 
any action you deem appropriate to incorporate relevant lessons learned."

Deciding Accident or Crime

The field investigation's findings raised another question for Army 
commanders: Were the failures that resulted in Pat Tillman's death serious 
enough to warrant administrative or criminal charges?

In the military justice system, field officers such as Nixon, commander of 
the 75th Ranger Regiment, can generally decide such matters on their own.

In the end, one member of Tillman's platoon received formal administrative 
charges, four others -- including one officer -- were discharged from the 
Rangers but not from the Army, and two additional officers were reprimanded, 
Lt. Col. Bush said. He declined to release their names, citing Privacy Act 
restrictions.

Baker left the Rangers on an honorable discharge when his enlistment ended 
last spring, while others who were in his truck remain in the Army, said 
sources involved in the case.

Military commanders have occasionally leveled charges of involuntary 
manslaughter in high-profile friendly-fire cases, such as one in 2002 when 
Maj. Harry Schmidt, an Illinois National Guard pilot, mistakenly bombed 
Canadian troops in Afghanistan. But in that case and others like it, 
military prosecutors have found it difficult to make murder charges stick 
against soldiers making rapid decisions in combat.

And because there is no uniform, openly published military case law about 
when friendly-fire cases cross the line from accident to crime, commanders 
are free to interpret that line for themselves.

The list of cases in recent years where manslaughter charges have been 
brought is "almost arbitrary and capricious," said Charles Gittins, a former 
Marine who is Schmidt's defense lawyer. Gittins said that senior military 
officers tend to focus on low-ranking personnel rather than commanders. In 
Schmidt's case, he said, "every single general and colonel with the 
exception of Harry's immediate commander has been promoted since the 
accident." Schmidt, on the other hand, was ultimately fined and banned from 
flying Air Force jets.

Short of manslaughter, the most common charge leveled in fratricide is 
dereliction of duty, or what the military code calls "culpable inefficiency" 
in the performance of duty, according to military law specialists. This 
violation is defined in the Pentagon's official Manual for Courts-Martial as 
"inefficiency for which there is no reasonable or just excuse."

In judging whether this standard applies to a case such as Tillman's death, 
prosecutors are supposed to decide whether the accused person exercised 
"that degree of care which a reasonably prudent person would have exercised 
under the same or similar circumstances."

Even if a soldier or officer is found guilty under this code, the 
punishments are limited to demotions, fines and minor discipline such as 
extra duty.

Records in the Tillman case do not make clear if Army commanders considered 
more serious punishments than this against any Rangers or officers, or, if 
so, why they were apparently rejected.

Staff writer Josh White contributed to this report.