TABLE OF CONTENTS

 

Enclosure 1 AR 15-6 IO Appointment Memorandum
Enclosure 2 DA Form 1574-1 and Continuation Sheet
Enclosure 3 
Enclosure 4 xecu Ive ummary
Enclosure 5 AR 15-6 Report of Investigation Memorandum
Enclosure 6 Chronology of Incident

Enclosure 7 Chronology of Investigation

Enclosure 8 List of Witnesses Interviewed

Enclosure 9 AR 15-6 Extension Request

Enclosure 10 Imagery of Convoy Route and Incident Location

 

Exhibit A. Serious Incident Reports

Exhibit B. Pictures of Water Crossin Site Markings
Exhibit C. Statement of
Exhibit D. Statement of
Exhibit E. Statement of
Exhibit F. Statement of
Exhibit G. Statement of
Exhibit H. Statement of
Exhibit I. Statement of
Exhibit J. Statement of
Exhibit K. Statement of
Exhibit L. Statement of
Exhibit M. Statement of
Exhibit N. Statement of
Exhibit 0. Statement of
Exhibit P. Statement of
Exhibit Q. Statement of
Exhibit R. Statement of
Exhibit S. Statement of
Exhibit T. Statement of
Exhibit U. Statement of
Exhibit V. Statement of
Exhibit W. Statement of
Exhibit X. Statement of
Exhibit Y. Statement of
Exhibit Z. Statement of
Exhibit AA. Statement of
Exhibit AB. Statement of
Exhibit AC. Statement of

 

Exhibit AD.
Exhibit AE.
Exhibit AF.

Exhibit AG.

Exhibit AH.
Exhibit AI.

Exhibit AJ.
Exhibit AK.
Exhibit AL.

Exhibit AM.

Exhibit AN.

Exhibit AO.

Exhibit AP.

Exhibit AQ.

Exhibit AR.
Exhibit AS.
Exhibit AT.
Exhibit AU.
Exhibit AV.

Exhibit AW.

Exhibit AX.
Exhibit AY.
Exhibit AZ.
Exhibit BA.
Exhibit BB.
Exhibit BC.
Exhibit BD.
Exhibit BE.
Exhibit BF.

Exhibit BG.

Exhibit BH.
Exhibit Bl.

Exhibit BJ.
Exhibit BK.
Exhibit BL.

Exhibit BM.

Exhibit BN.

Exhibit BO.

Exhibit BP.

Exhibit BQ.

Exhibit BR.
Exhibit BS.
Exhibit BT.
Exhibit BU.
Exhibit BV.

Exhibit BW.

 
 
 
 
  
  
 
 
 
 
 
 
  

Statement of
Statement of
Statement of
Statement of
Statement of
CID Statemen 
CID Statement of
CID Statement of
CID Statement of
CID Statement of
CID Statement of
CID Statement of
CID Agent Report
CID Diagrams
Distro Platoon Time CONOP (2 JUN 16)
FSC DTMS Week 35
FSC DTMS (2 JUN 16)
F40 (FMTV) Dispatch (1 JUN 16)
Low Water Crossing Report (02_0505 JUN 16)
National Weather Service Advisory
Fort Hood Watches Warnings and Advisories
Screenshot of NWS Warning

ose eorgetown road (02_1042 JUN 16)
IOC Close East Range Road 02_1120 JUN 16)
Weather Distro List
IOC Daily Staff Journal DA Form 1594 (02 JUN 16)
Statement of
Statement of
Statement of
Follow-up Sta emen 
SSG Colon NCOER (20
SSG Colon NCOER (20151031)
SSG Colon ERB
SSG Colon Driver?s TNG Packet
Cadet Winey Records
PV2 James Operator Qualification Record
PV2 James ERB
PV2 James Counseling Packet
Water Physics
Hydraulic Findings
F40 in Owl Creek (02_1131 JUN 16)
Owl Creek Crossing (02_1300 JUN 16)
DRAW (Convoy OPS 9 May 16)
MC Traffic Safety Training Program (MAY-2016)
IllC Safety Online Hazard Course Page


 
 
  
 
 
 

Exhibit BX.
Exhibit BY.
Exhibit 82.
Exhibit CA.
Exhibit CB.
Exhibit CC.
Exhibit CD.
Exhibit CE.
Exhibit CF.

Exhibit CG.

Exhibit CH.
Exhibit Cl.

Exhibit CJ.
Exhibit CK.
Exhibit CL.

Exhibit CM.

Exhibit CN.

Exhibit CO.

Exhibit CP.

Exhibit CQ.

Exhibit CR.
Exhibit CS.
Exhibit CT.
Exhibit CU.
Exhibit CV.

Exhibit CW.

Exhibit CX.
Exhibit CY.
Exhibit CZ.
Exhibit DA.
Exhibit DB.
Exhibit DC.
Exhibit DD.
Exhibit DE.
Exhibit DF.

Exhibit DG.

Exhibit DH.



3-16 FA Safety SOP (Risk Management) 1 JUL 15
3-16 FA Safety SOP (Vehicle Safety) 1 JUL 15
3-16 FA Safety SOP (Seasonal Safety) 1 JUL 15
Driver?s Packet Sun

MFR (Vehicle Rollover)

Fort Hood Reg 350-40 June 2008 LWC

Low Water Crossing Assessment Guide

Fort Hood Reg 385-3

IOC Severe Weather Warning (02_0914 JUN 16)
MSO PF 07-08-118 (Fort Hood LWC Procedures)
Flood Early Warning Info Paper

FY16 Flood warning system as of 13 Jun 16

Low Water Crossing Procedures

2-82 FA Paladin in LWC (DEC 15)

2?82 FA AR 15-6 Investigation

Fort Hood UMMCA Project

HHC USAG Reception Detachment's Cadre SOP
lnprocessing checklist

Follow-up Interview
Statement of
Statement of
Statement of
Follow-up #2 a emen NF
2-1 ABCT TOC 1594 (2-3

Fort Hood Fire Department Chronology
MP Chronology

Fort Hood Incident Response Agencies
5988-E Patrol Vehicles

Service Packet

M1083 Fording Depth

F40 ECOD Final copy

M1083 Fordin
Statement 02*
AR 600_55 rac

Auto 5 Results

  
  
  

 
  
 

 

Exhibit DI.

Exhibit DJ.
Exhibit DK.
Exhibit DL.

Exhibit DM.

Exhibit DN.

Exhibit DO.

Exhibit DP.

Exhibit DQ.

Exhibit DR.
Exhibit DS.
Exhibit DT.
Exhibit DU.
Exhibit DV.

Exhibit DW.

Exhibit DX.
Exhibit DY.
Exhibit DZ.
Exhibit EA.
Exhibit EB.
Exhibit EC.
Exhibit ED.
Exhibit EE.
Exhibit EF.
Exhibit EG.
Exhibit EH.
Exhibit El.

Exhibit EJ.
Exhibit EK.
Exhibit EL.

Exhibit EM.

Exhibit EN.

 

1CD SITREP 01-02 JUN 2016

 
 
  
 
  
 
 
  
   
 
   
   
 

100 Safety Email LWC Re ort 2JUN)
Statement of
Cadet Winey epo a 

3-16 FA Staff Dut Res onsibilities
Statement of
Follow-up Sta emen
Follow-up Statement of
Follow-up Statement of
Patrol Route Map

Follow-up Statement of
Follow-up Statement of

Follow-u Statement
Driver?s License
SCOM SIR Check

Follow-up Statement of
Statement of
Statement of
Statement of

AIT Driver Training ac et 

AIT Driver Training PacketF

AIT Driver Trainin Packet ames)

Statement of 

Fort Leonard oo 83 Confidence Course Fording Obstacle

Fort Leonard Wood M1083 Confidence Course

88M AIT M1083 Adverse TNG POI (Overview)

88M AIT M1083 Adverse TNG POI (Rollover Training)
88M AIT M1083 Adverse TNG POI (Confidence Course)
Statement of
Rights Warning 0
Rights Warning of

 
  

   

  
 
 

DEPARTMENT OF THE ARMY
HEADQUARTERS, FORT HOOD
1001 761 ST TANK BATTALION AVENUE
FORT HOOD. TEXAS 76544-5000

 

6 June 2016

MEMORANDUM FOR Headquarters, United States Army
Forces Command, Fort Bragg, North Carolina, 28310-5000

SUBJECT: Appointment as Investigating Officer Army Regulation 15-6 Investigation

into Facts and Circumstances Surrounding Training Fatalities Sustained During LMTV
High Water Crossing on 2 June 2016 at Fort Hood, Texas

1. References.

a. Department of Defense Instruction (DoDl) 6055.07 (Mishap Notification,
Investigation, Reporting, and Record Keeping). 6 June 2011.

b. Army Regulation (AR) 15-6 (Procedures for Administrative Investigations and
Boards of Officers), 1 April 2016.

0. AR 385-10 (The Army Safety Program), 27 November 2013.

d. Department of the Army Pamphlet 385-40 (Army Accident Investigations and
Reporting), 18 March 2015.

e. AR 638-34 (Army Fatal Incident Family Brief Program), 18 February 2015.

f. FORSCOM Commanding General Policy Memorandum 16 Standard Procedures
Following a Military Training Accident, 11 January 2016.

g. FORSCOM Commanders Critical Information Requirements (CCIR), 15 July 2015.
h. FORSCOM EXORD 150-319, Appendix A, 10 March 2015.
i. FORSCOM EXORD 150-319, Appendix B, March 2015.

2. Apgointment. You are hereby appointed as an investigating officer (IO) pursuant to
AR 15-6 (Procedures for Administrative Investigations and Boards of Officers), 1 April
2016, to conduct a legal investigation into the matters set forth in paragraph 3 below.
This investigation is your primary duty and will take precedence over all other assigned
du?es.

AFZF-CG

SUBJECT: Appointment as Investigating Officer?Army Regulation 15-6 Investigation
into Facts and Circumstances Surrounding Training Fatalities Sustained During LMTV
High Water Crossing on 2 June 2016 at Fort Hood, Texas

3. Scope of Investigation.

a. You are directed to investigate and document the facts and circumstances
concerning a fatal incident involving a Light Medium Tactical Vehicle (LMTV) belonging
to 3rd Battalion, 16th Field Artillery Regiment, 2nd Brigade Combat Team, ist Cavalry
Division on 2 June 2018 in the vicinity of East Range Road and Cold Springs Road (PV
309575) in the Fort Hood training area. In general, your investigative efforts must
address the 5W3 (who, what, when, where, and why). You will identify any systemic
deficiencies or particular noncompliance with applicable laws, regulations, programs,
policies, processes, or procedures that may have affected the incident (fatal LMTV
incident). You will also make recommendations as to any appropriate corrective action
that should be undertaken and document any innovative programs or ?best" practices
you identify during your investigation.

b. Guided by the above, your report of investigation should specifically address the
following:

(1) Who was involved in the incident; were any individuals impaired by drugs.
medical issues, stimulants, alcohol, medicine, or lack of sleep;

(2) What was the composition and purpose of the patrol; who was driving the
what level of training did the LMTV crew have; what level of awareness did
leadership have of the movement and routes; was the crew or leadership aware
of weather concerns or flooding in the area; were precautions taken to address weather
or terrain risks; who made the decision to attempt the water crossing;

(3) Describe the effect of weather on the training mission and terrain; describe
the road conditions and visibility at the time of the incident; were any weather warnings
provided to leadership prior to the training mission; if so, were actions taken to mitigate
potential risks created by weather;

(4) What are the unit?s Standard Operating Procedures (SOPs) for convoy
operations and vehicle rollover drills; did the unit have SOPs for water crossings or
reacting to vehicle rollovers in water; did the unit comply with these SOPs and did it
conduct drills prior to this mission;

(5) What were the Fort Hood installation procedures for responding to flooding
and other severe weather; what were the installation procedures for marking water

AFZF-CG

SUBJECT: Appointment as Investigating Officer~Army Regulation 15-6 investigation
into Facts and Circumstances Surrounding Training Fatalities Sustained During lelTV
High Water Crossing on 2 June 2016 at Fort Hood, Texas

crossings; did the incident occur at a known water crossing; was the location of the
incident marked; were other known water crossings marked;

(6) Did Fort Hood Range Control or other responsible Fort Hood
directorateslagencies have systems or procedures in place to deal with weather
concerns and water crossings in Fort Hood training areas; were these procedures
followed;

Have other training fatalities andlor injuries occurred at Fort Hood as a result
of past flooding and also involving vehicle water crossings under the samelsimilar
circumstances; if so, what steps were taken to mitigate risk;

(8) What waslwere the cause(s) of each Soldier's death;

(9) Describe the nature and extent of any injuries sustained by each Soldier
involved in this incident, and also, the cause(s) of any such injuries suffered as a result;

(10) Provide a chronology of the relevant events immediately preceding the
incident, during the incident, and the response timeline once the UAW finally
overturned;

(11) Assess the sufficiency and effectiveness of the emergency response by the
unit andlor other medical personnel responding to the incident; describe in detail the
exact sequence of events and whether you believe any additional measures should
have been taken in light of the circumstances;

(12) Assess the effectiveness of command and control during the incident. To
the extent you identify failures or deficiencies either systemically or as applied
particularly to the incident, make specific recommendations as to what corrective
action should be taken;

(13) Assess whether any individual(s) should be held accountable for any
failures or deficiencies with respect to this incident, and if applicable, make specific
recommendations as to an appropriate disposition based on the factual findings; and

(14) Determine whether the subject LMTV's state of readinesslmaintenance
impaired its safe operability, andlor whether its mechanical condition either caused or
contributed somehow to this incident.

AFZF-CG

SUBJECT: Appointment as Investigating Officer Army Regulation 15-6 Investigation
into Facts and Circumstances Surrounding Training Fatalities Sustained During LMTV
High Water Crossing on 2 June 2016 at Fort Hood. Texas

4. Legal Orientation. Before you begin your investigation, contact your legal
advisor for an initial brie?ng on applicable regulatory guidance. 
Chief, Administrative Law Division, Office of the Staff Judge Advocate, Corps

and Fort Hood, can be contacted at ?or at?

5. Subiect Matter Experts and Support Personnel. The Corps and Fort Hood Office
of the Staff Jud Advocate will provide you an attorney/legal advisor and executive
officer hm assist you in the conduct of your investigation.
Should you require the assistance of other subject matter experts or consultants, 

master trainer, master driver, and a safety professional, for your investigative team,
advise me immediately, through the Office of the Staff Judge Advocate, Ill Corps and

Fort Hood <Poc 

6. Conduct of the Investigation.

a. Evidence Collection. The safety accident investigation has priority over a legal
accident investigation.

(1) You will use the general guidance and procedures applicable to informal
investigations set forth in AR 15-6, Chapters 3, 5 and 6. No respondent has been
designated in this matter.

(2) Secure and review all evidence or information and interview all witnesses you
deem relevant and necessary to the conduct of your investigation.

(3) All Fort Hood commands, organizations, and personnel will cooperate fully
with you in the course of your investigation and shall respond to your requests
for information, documents, reasonable access to personnel, and other necessary
support. The US. Army Criminal Investigation Command is responsible for
investigating non-combat deaths, to the extent necessary to determine whether
criminality is involved. Until criminality is ruled out as a contributing factor in a death,
the criminal investigation has priority over all other investigations.

(4) To the extent possible, witness statements will be written and sworn. You will
record witness statements on DA Form 2823 (Sworn Statement), November 2006. If it
is impracticable to obtain a written and/or sworn statement from a particular witness,
you will attest to the accuracy of any transcription or summary of such witness
testimony in whatever form it appears within your report of investigation. You are

AFZF-CG

SUBJECT: Appointment as Investigating Officer ?Army Regulation 15?6 Investigation
into Facts and Circumstances Surrounding Training Fatalities Sustained During LMTV
High Water Crossing on 2 June 2016 at Fort Hood, Texas

authorized to administer oaths pursuant to Title 5, U.S. Code, Section 303, and Article
136(b)(4) of the UCMJ.

IAW AR 340?21 (The Army Privacy Program), 5 July 1985, you must provide
a witness with a Privacy Act statement before you solicit any information. Only the
minimum amount of personal information necessary to investigate the matter concerned
should be included in the report of investigation.

No U.S. military or civilian witness can be ordered to provide information that
may incriminate them. You may order a military or Federal Government civilian
employee witness to provide a statement if they have relevant information that would
not incriminate the same.

If in the course of your investigation you come to suspect a person may have
engaged in criminal conduct, you will consult with your legal advisor and inform me.
Under no circumstances should you attempt to elicit information from a suspect
without first advising that person of his or her rights under Article 31, UCMJ, or
the Fifth Amendment of the U.S. Constitution, as appropriate. Document your
rights advisement and witness waivers of their Article 31 or Fifth Amendment rights on
DA Form 3881 (Rights Warning ProcedureNVaiver Certificate), November 1989.

(5) In cases in which a civilian employee is a member of a collective bargaining
unit and reasonably believes that the inquiry could lead to disciplinary action against
him or her, the employee may have a representative from the bargaining unit present
during questioning. You will consult your legal advisor if you have any questions
regarding these procedures.

b. Should you determine in the context of your investigation that a Soldier?s status
has changed from favorabie to unfavorable, as defined in AR 600-8-2, (Suspension of
Favorable Personnel Actions), 11 May 2018, you must take action to ensure that a flag
is initiated against that Soldier immediately.

0. Scope of the Investigation. If at any time in the conduct of your investigation,
something happens that could cause me to consider enlarging, restricting, or
terminating your investigation, or othenivise modifying any instruction in this
memorandum of appointment, immediately report this situation to me through your legal
advisor and the Office of the Staff Judge Advocate, Corps and Fort Hood, along with
your recommendations as to the action I should take in response.

AFZF-CG

SUBJECT: Appointment as Investigating Officer -Army Regulation 15-6 Investigation
into Facts and Circumstances Surrounding Training Fatalities Sustained During LMTV
High Water Crossing on 2 June 2016 at Fort Hood, Texas

7. Report of Investigation. Your investigation is intended to provide the information
necessary to address, as comprehensively as possible, the areas of concern set forth
above. Your investigation will ascertain and fully develop the facts relevant to these
areas of concern. You will document your specific findings of fact with regard to all
relevant issues you identify. You will make specific recommendations regarding the
appropriate disposition, if any, of each of your findings.

a. General. Your report of investigation will be written.
(1) The following format will be used: Background, Summary of Relevant and
Material Facts, and Recommendations (based on the factual findings). Attach all

required enclosures and exhibits.

(2) Your written report will be unclassified, but may include appendices to
segregate classified or privileged information; if necessary.

(3) Your report may identify issues for follow-on study or examination.

b. Assembly. Your completed investigation will include the following in a tabbed
three-ring binder:

(1) Chronology: a detailed written chronology of the daily actions you took during
theinves?ga?on.

(2) Table of Contents (TOC). The TOC will list all administrative documents,
including your appointment memorandum and any extensions, labeled as enclosures
using Roman numerals I, ll, and Ill). It will also list all documentary evidence,
including sworn statements or photographs, labeled as exhibits using numbers 1,
2, and 3).

(3) This memorandum of appointment.
(4) DA Form 1574-1 (Report of Proceedings by investigating Officer), April 2016.

(5) A narrative report in the format of Background, Findings and
Recommendations (IAW AR 15-6, consult paragraph 3-12, Figure 3-1, Sample Report).

Findings. Your findings must be supported by the greater weight of the
evidence. A finding is a clear and concise statement of facts that can be readily

10

AFZF-CG

SUBJECT: Appointment as Investigating Officer Army Regulation 15-6 Investigation
into Facts and Circumstances Surrounding Training Fatalities Sustained During LMTV
High Water Crossing on 2 June 2016 at Fort Hood, Texas

deduced from evidence in the record. In your report, develop specific findings and cite
the specific tab andior page number of the exhibit that supports each finding. If
testimony or evidence conflicts conflicting witness. statements), identify this conflict
in your report and state what testimony or evidence is more credible and why.

Recommendations. Based on yourfindings, make recommendations'as to
what changes, if any, are needed in terms of policy, procedures, resources, and
leadership to avoid incidents of this nature in the future, as well as recommendations
consistent with your findings concerning other items your investigation revealed. Each
recommendation should cite the finding that supports it and comport with the guidance
in AR 15-6.

(6) A list of the witnesses you interviewed.

(7) If applicable, proper classification markings for each paragraph, page, and
exhibit included within your report of investigation.

0. Submit your completed investigation and any requests for extension to me,
through your legal advisor no later than 8 July 2016.

8. Communications.

a. Provide me with In-Progress Reviews at appropriate intervals during the course of
your investigation.

b. Advise me immediately as to any matters that require my immediate attention
including, but not limited to, information of potential import or relevance to other ongoing
investigations, as well as findings or recommendations that may be appropriate for
referral to another Service or the Department of Defense.

9. Additional Instruction. Upon completion of this investigation?s legal review but prior
to my action as Approving Authority on any findings and recommendations, direct the
Fort Hood Office of the Staff Judge Advocate furnish a digital copy of the investigative
report, together with its allied documents, to LTG Sean B. MacFarland, Commanding
General, Ill Corps and Combined Joint Task Force - Operation Inherent Resolve, and
also, provide the same to MG John C. Thomson Ill, Commanding General, Cavalry
Division, for their own review.

11

AFZF-CG

SUBJECT: Appointment as Investigating Officer Army Regulation 15-6 Investigation
into Facts and Circumstances Surrounding Training Fatalities Sustained During LMTV
High Water Crossing on 2 June 2016 at Fort Hood, Texas

10. Line of Duty Investigation. I also direct that you make yourself available to serve as
the investigating officer for the required Line of Duty Investigations triggered by the
fatalities and injuries in connection with this matter, to be appointed by 1st Cavalry
Division through a separate memorandum.



HN UBERTI
ajor General, USA
Commanding

12

 

REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER

Noto. Completed forms may contain personaliv Identi?able information and require handiing as set forth in 340-21.
For use of this form. see AR 15-6; the proponent ??lnw is OTJAG.

IF MORE SPACE IS REQUIRED IN FILLING UUTANYPORTIUN OF THIS FORM. ATTACH ADDITIONAL SHEETS
SECTION I - APPOINTMENT

 

 

 

Appointed by MG John Uberii

 

 

 

 

 

 

 

 

 

 

{Appointing auitr only)
on 201606136 {Attach enciosure 1: Letter ci' appointment or summeryoi oral appointment data.) (See para 3?15, AR 156.)
(Date)
SECTION - TIMELINE
1.111s commenced at Hood, TX at ISOII
(Piece) (Time)
on 2D1606ti? 
(Date)
2. The (investigating of?cer) ?nished gatheringtheering evidence a 1500 on 20160715 and completed
(Time) {Date}
findings and recommendations at on 2(1160722
(time) (Date)
SECTION - CHECKLIST FOR PROCEEDINGS

A. COMPLETE IN ALL cases Ives 1 use

 

Enclosures (para 3?13. AR i543}

Are the following enctosed and numbered consecutively with Roman numerals: (Attached in order iisied)
e. The memorandum of appointment?

in. All other written communications to or from the appointing authority?

 

i?iij

 

 


i

 

 

 

Privacyr Act'StaIements (Certi?cate. itsietement provided orally)?

at Expianation by the investigating officer of any unusual delays, dif?wlties. irregularities. or other problems encountered absence
of meteriei eases)?

a. Any other signi?cant papers (other it] an evidence) relating to administrative aspects of the investigation?

f. An Executive Summary1 Index of Exhibits, Chronology of the lnvosUgetlon and lists of all persons Interviewed and evidence gathered.
(Compiox, serious andmr high profits cases}?

2. Exhibits {palm 3-14, AR tee;

a. Are all Items offered {whether ornoi received) or considered as evidence individually numbered or lettered as exhibits and attached
to this report?

b. Is an index of all exhibits offered to or considered by Investigating otli cer attached before the ?rst exhibit?
o. Has the testimonyistatomont of each witness been recorded verbatim or been reduced to written form and attached es an exhibit?

d. Are copies. descriptions, or depictions (ifeubsiitufed for real or documentegr evidence) properly authenticated and Is the location of
the original evidence indicated?

a. Are descriptions included at locations visited by the Investigating of?cer (Appendix 0-3, AH 15-6}?

I. Is each written stipulation attached as an exhibit and Is each oral stipulation either reduced to writing and made an exhibitor
recorded?

 

 

 



DEIEI

 

 

K1


DECIDED
DECIDED

 

 

 

 

 

 

 

 

 

 

 

FOO Expiain aft negative ens were on an attached sheet.
a Use MA coturrm constitutes a positive representation that fire circumstances describedin the question donor ocwrin ddsinvesb'gaiion.

 

 

 

up. FORM 1574-1. APR 2015 - PREVIOUS ftRE OBSOLETE. Page 1 0H


13

 

 

SECTION - FINDINGS {para 3-10, AR 15-6}
The (investigating officer). having carefully considered the evidence, ?nds: {Each paragraph ehoutct he one oonotusion based on the
evidence gathered during the tnveetigetton. These findings ehoutd provide answers to each question posed by the appointing authority in the
appointment memorandum. The evidence the! supports each ?nding must he cited.)
See Findings and Recommendations Memorandum Subject: AR 15-6 IthStIgalIC-h Regarding Training Fatalities Sustained During M1083
MTV Low Water Crossing on 21mm 201-5, dated 22 July 2016.

 

 

 

 

DA FORM 1514-1. APR 2016 Page 2 of 4
are to VLIJDES

14

 

 

SECTION - RECOMMENDATIONS (para AR 15-6}

investigation resutte can be used as a training toot;1

MTV Lew Water Creseing en 2 June 2916, dated 22 July 2016.

 

In View or the above ?ndings. the (investigating of?cer} recommends: [Each paragraph etioufd be one recommendation en the ?ndings
in Section N. Address what actions, If any, should be taken with regard to the individuete mum-tired, the unit teederehtp. and any steps the:
can be teken to prevent the occurrence in the future. Recommendations do not need to be adverse or punitive. Fer exempte, the

See Findings and Recommendations Memorandum Subject: AR 15-6 Investigation Regarding Training atalitics Sustained During M1083

 

 

DA FORM 1 5716-1, APR 2013

15

Page 3 of 4
APB LC v1 mes

 

 

SECTION VI - AUTHENTICATION (pare 3-15, AR 15-6)

 

 

THIS REPORT OF PROCEE I GS iS COM

  
     

LETE AND ACCURATE. -

(Invostig 9 Of?cer)

 

 

.. SECTION VII - ACTION BY APPOVING AUTHORITY (para 2-8, AR 15-6)
The ?ndings and recommendations or the (Investigating of?cer) are:

3) Approved. 
See Continuation Sheet

b) Approved with the following modi?cations:
(1) The following ?ndings of fact are eddedldeleled:

  

ajor General, USA

 

 

(2) The following ?ndings of fact are modified as follows: Commanding
(3) The following recommendations are addedldeleted:
(4) The following recommendations are modified as follows:
(5) The action recommended in recommendation has been accomplished by
(0) Rccommendatlon(s) I: not appropriate lor action by this command: however. a copy of this investigation is being
furnished to for such

 

action as deemed appropriate.

c) Disapproved.

d) The report Is (incomplete). (ambiguous). (erroneous) and/or (speclly deficiency) with respect to

 

 

It Is. therefore. hereby returned to the IO for corrective action as follows

 

 

 

 

 

DA FORM 1574-1, APR 2016 Page 4 of4
APD LC v1 DOES

16

 

Continuation Sheet for DA Form 1574-1 in reference to 2ABCT, 100 Training
Fatalities Sustained during M1083 MTV Mid-Water Crossing on 2 June 2016 at Fort
Hood, Texas

SECTION VII ACTION BY APPOINTING AUTHORITY (para. 2-8, AR 15-6)

1. I approve the factual ?ndings of the AR 15-6 Investigation regarding the training
fatalities sustained by 2ABCT, 1CD during the M1083 MTV mid-water crossing on 2
June 2016 at Fort Hood, Texas.

2. This investigative report of proceedings contains twelve (12) recommendations.
Specifically, the Investigating Of?cer recommends:

 

d. the IOC establish a system to coordinate with subordinate units and the Fort
Hood Network Enterprise Command to refine the Severe Weather Distribution list and
ensure its accuracy;

e. the IOC refine the LWC Report process to require closed loop reporting from
subordinates once they have CONFIRMED that all subordinate units are notified;

f. the IOC clarify the LWC Report to prevent confusion over which crossings are
and the significance of its designations of and 

9. task the BCTs to routinely inspect the crossing sites;

h. Safety, the Replacement Detachment, and Garrison must fix the Intermediate
Driver Course execution and ensure effective local hazards training is in place;

i. the Installation conduct an Inspector General inspection to determine the depth of
the challenge with driver?s training. and FSC. 3-16 FA immediately assess all driver?s
training qualifications and ensure Soldiers who are not properly trained do not drive;

j. and DPW consider installing the flood early warning systems across all
water crossings;

k. and DPW mark all water crossings with the tactical marking system; and

I. coordinate with FORSCOM to request TRADOC and US Army Safety Center
assistance with the development of procedures for vehicle rollovers in water.

3. The following constitutes my actions on the recommendations:

a. i approve recommendations and (I), and I direct that a
copy of this AR 15-6 Investigation be fonivarded to:

(1) the Commander, 1st Cavalry Division, for any action deemed appropriate on
recommendations and and for unit cooperation on recommendations and



(2) the Garrison Commander, Fort Hood, TX, for action on recommendations 
and and

(3) the Corps Safety Officer for action on recommendations and 

b. I take recommendation under advisement and refer it to the Garrison
Commander for his recommendation on how to most effectively inspect and maintain
the crossing sites.

c. FORSCOM and Ill Corps recently conducted extensive inspections into issues
related to driver's training. We are currently analyzing the results of those reports and
taking actions to remediate areas of concern. Accordingly, I take recommendation 
under advisement. In addition, 1 direct that the 1st Cavalry Division Commander take
any action deemed appropriate on the part of recommendation that references 
FSC, 3-16 FA.

d. Within thirty days of receipt of this report, direct the following:

(1) a report from the Commander, 1st Cavalry Division, addressing actions taken
on recommendations and 

(2) a report from the Garrison Commander, Fort Hood, TX, addressing actions
taken on recommendations and 

(3) a report from the Garrison Commander. Fort Hood, TX, with his
recommendation on recommendation and

(4) a report from the Corps Chief of Staff addressing actions taken on

recommendations and (I).

UBERTI
jor General, USA
Commanding

   

18

DEPARTMENT OF THE ARMY
HEADQUARTERS, U.S. ARMY FORCES COMMAND
4700 KNOX STREET, BUILDING 8-1808
FORT BRAGG, NORTH CAROLINA 28310-0001

AFOP-TR

22 July 2016

MEMORANDUM FOR RECORD
SUBJECT: Executive Summary for Army Regulation (AR) 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

1. On 2 June 2016, twelve Soldiers traveling in an M1083A1 Medium Tactical Vehicle
(MTV) attempted to cross the Owl Creek Mid-Water Crossing in the Fort Hood training
area. Due to flash flooding at Fort Hood, the powerful current at Owl Creek caused their
MTV to immediately wash downstream, overturn, and submerge.
2. The event resulted in the death of nine Soldiers. Three Soldier occupants escaped
the MTV but were injured by the rushing water.
3. On 6 June 2016, I was appointed as the Investigating Officer to investigate the facts
and circumstances surrounding the event.
4. In summary, I find that this incident was preventable. Three successive decisions
made by the MTV Vehicle Commander, SSG Miguel Colon Vasquez (SSG Colon),
proximately caused this incident. SSG Colon sequentially decided: (a) to transition the
convoy from the a paved road to an adjacent tank trail; (b) to continue on the tank trail
even after traveling through a deep puddle, where water was deep enough to flow into
another vehicle in the patrol; and (c) to enter the Owl Creek Mid-Water Crossing in
direct contravention of his Platoon Leader’s order, rather than using the fully functional
bridge adjacent to the water crossing.
5. I also find that, although not directly causing this incident, procedural shortfalls at the
installation, company, and platoon levels—specifically, training on local hazards, driver’s
training, and low water crossing hazard reporting—should be improved to more
effectively mitigate risks in the future.
6. Finally, I make several recommendations for appropriate corrective action and
improvement of processes and procedures to address the deficiencies noted during my
investigation.

21

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SUBJECT: Executive Summary for Army Regulation (AR) 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

7. Point of contact for this memorandum is the undersigned at ?or by
electronic mail at

 

Investigating Officer

22

 

DEPARTMENT OF THE ARMY
HEADQUARTERS, U.S. ARMY FORCES COMMAND
4700 KNOX STREET, BUILDING 8-1808
FORT BRAGG, NORTH CAROLINA 28310-0001

AFOP-TR

22 July 2016

MEMORANDUM FOR Commander, Fort Hood Installation, Fort Hood, Texas 76544-5008
SUBJECT: Findings and Recommendations for Army Regulation (AR) 15-6
Investigation Regarding Training Fatalities Sustained During M1083 MTV Mid-Water
Crossing on 2 June 2016 at Fort Hood, Texas

1. EXSUM. On 2 June 2016, twelve Soldiers traveling in an M1083A1 Medium Tactical
Vehicle (MTV) attempted to cross the Owl Creek Mid-Water Crossing (located at MGRS
14RPV31025749) in the Fort Hood training area. Due to flash flooding at Fort Hood, the
powerful current at Owl Creek caused their MTV to immediately wash downstream,
overturn, and submerge, resulting in the death of nine Soldiers. Three Soldier
occupants escaped the MTV but were injured by the rushing water. This incident was
preventable. Three successive decisions made by the MTV Vehicle Commander, SSG
Miguel Colon Vasquez (SSG Colon), proximately caused this incident. SSG Colon
sequentially decided: (1) to transition the convoy from the paved East Range Road to
the adjacent tank trail; (2) to continue on the tank trail even after traveling through a
deep puddle, where water was deep enough to flow into the M1097 High Mobility
Multipurpose Wheeled Vehicle (HMMWV) in the patrol; and (3) to enter the Owl Creek
Mid-Water Crossing in direct contravention of his Platoon Leader’s order, rather than
using the fully functional bridge adjacent to the water crossing. Although they did not
directly cause this incident, procedural shortfalls at the installation, company, and
platoon levels—specifically, training on local hazards, driver’s training, and low water
crossing hazard reporting—should be improved to more effectively mitigate risks in the
future.
2. SCOPE. On 6 June 2016, I was appointed as the Investigating Officer to investigate
the facts and circumstances surrounding the fatal training incident on 2 June 2016
involving an MTV, admin number F40, belonging to F Forward Support Company (F
FSC), 3rd Battalion, 16th Field Artillery Regiment (3-16 FA), 2d Armored Brigade
Combat Team (2ABCT), 1st Cavalry Division (1CD) in the vicinity of East Range Road
and Cold Springs Road in the Fort Hood training area. I was directed to identify any
systemic deficiencies or particular noncompliance with applicable laws, regulations,
programs, policies, processes, or procedures that may have affected the incident. I was
also asked to make recommendations as to any appropriate corrective action that
should be undertaken and to document any innovative programs or “best” practices I
identified during the investigation.

23

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

3. BACKGROUND.
a. On 2 June 2016, the F FSC Distribution Platoon planned to conduct a tactical
convoy operation (TCO) for Sergeant’s Time Training (STT) to familiarize new drivers
with convoy operations (Exhibits AR, AS, and AT). Several new Soldiers had arrived to
the Platoon over the past few months. SSG Colon was the patrol leader for the STT
event. His plan was to travel round-trip from the 3-16 FA Battalion Motorpool to
Training Area (TA) 12 in the northeastern part of the Fort Hood training area (Exhibits
AR and DS). Members of the Platoon had used the same route the previous week on a
similar patrol. The route had the Platoon traverse mostly paved roads and
approximately 1.4 kilometers on a tank trail (Exhibit DS). It also included movement
through the Owl Creek Mid-Water Crossing (located at MGRS 14RPV31025749)
(Exhibits CU and DS).
b. The Platoon Leader, (b) (6)
, briefed the STT plan at the F FSC
Training Meeting on 26 May 2016 (Exhibit EL). The Platoon conducted preparations for
the patrol on 1 June 2016 through an informal operations order (OPORD) and by
dispatching all vehicles (Exhibits E, BF, AU, and N).
c. At 0505 on 2 June 2016, Range Operations and the Installation Operations
Center (IOC) issued a Low Water Crossing Report (LWC Report) declaring all creeks,
tactical low-water crossings, and hardstand mid-water crossings on Fort Hood “RED,”
meaning they were off-limits to vehicle traffic (Exhibits AV, AW, AX, and BC). However,
paved roads, tank trails and bridges (including the Owl Creek Bridge) were still open
(Exhibits DY and DZ). That information was not distributed to 3-16 FA.
d. At 0847 on 2 June 2016, the National Weather Service issued a flash flood
warning that included the Fort Hood area (Exhibits AW, AX, AY, and BC). The Owl
Creek drainage basin received sufficient rain in a short amount of time to produce a
flash flood (Exhibit BQ).
e. At 1020 on 2 June 2016, the patrol departed the 3-16 FA Battalion Motorpool
without tactical radio communications (Exhibits E, AL, AM, M, and N). Prior to leaving
the motorpool, the patrol conducted precombat inspections and checks (PCIs/PCCs),
and Vehicle Commanders ensured the vehicles had preventative maintenance checks
and services (PMCS) completed (Exhibits E, F, G, N, and P). The patrol departed later
than expected because they were missing some of the required III Corps (IIIC) roadside
safety inspection items for one of the vehicles (Exhibits E, I, and P).

24

2

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

f. During the convoy, F40 successfully crossed two stagnant bodies of water on the
tank trail adjacent to East Range Road prior to reaching the Owl Creek Mid-Water
Crossing (Exhibits E, F, G, H, I, and DS). The water in the second puddle was not
flowing, but it was sufficiently deep to reach the doors of the M1097 HMMWV, admin
number F9 (Exhibits E and F). After crossing both puddles, the patrol continued north
on the tank trail (Exhibits E, F, G, and DS).
g. At 1100 on 2 June 2016, F40 attempted to cross the Owl Creek Mid-Water
Crossing and was immediately overturned and swept downstream (Exhibits C, D, E, F,
G, H, and I).
h. At 1110 on 2 June 2016 (approximately 10 minutes after the incident), the IOC
closed East Range Road to vehicle traffic (Exhibits BA and BB).
i. The incident response involved Fort Hood military, Department of the Army (DA)
Civilian, and other civilian mutual response agencies (Exhibits BC, CV, and CY).
Soldiers on the patrol and passing by the incident site immediately began a search for
survivors (Exhibits C, D, E, F, G, H, and I). The three survivors (b) (6)
(b) (6)
) were evacuated to Coryell
Hospital, treated, and released for their injuries (Exhibits CV and DH).
j. At approximately 1452 on 2 June 2016, emergency crews recovered F40 with no
occupants inside (Exhibits CV and CW). Throughout the search operation on 2 June
2016, searchers recovered five Soldiers (SPC Christine Armstrong, PVT Issac DeLeon,
PVT Eddy Gates, PVT Tysheena James, and PFC Zachery Fuller) (Exhibit CV). The
Directorate of Emergency Services and mutual support agencies suspended search
operations from 2100 on 2 June through 0800 on 3 June (Exhibit CV). Throughout the
night, 1CD maintained Soldiers on the scene and kept rotary wing aircraft on station
(Exhibit CV). By 1317 on 3 June 2016, searchers had recovered the remaining four
Soldiers (SPC Ying Ming Sun, PFC Brandon Banner, SSG Colon, and Cadet Mitchell
Winey) (Exhibit CV).
k. The Fort Hood training area contains three categories of water crossings that are
monitored for possible flooding: (1) hardstand bridges, (2) unpaved low-water crossings,
and (3) mid-water crossings (Exhibit CE). The Fort Hood training area has three
“hardstand bridges” in the training area; these are paved bridges where vehicles can
transit above flowing water. In addition, Fort Hood has twenty-six unpaved “tactical lowwater crossings” that are primarily spread across the western part of the training area.
Finally, there are twelve “mid-water crossings” that have paved concrete pads designed
for vehicle use to transit through flowing creeks. At the incident site, there are two ways

25

3

 AFOP-TR

SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

for wheeled vehicles to cross Owl Creek. A vehicle traveling north or south along East
Range Road can pass over Owl Creek using the hardstand bridge (Owl Creek Bridge),
or it can take the Owl Creek Mid-Water Crossing, which requires passage through Owl
Creek (Exhibits AV, DS, DY, and DZ). The two crossings run parallel to each other and
are approximately 100 meters apart (Exhibit DS).

I. Nine Soldiers died as a result of this incident (SSG Miguel Colon, Cadet Mitchell
Winey, SPC Ying Ming Sun, SPC Christine PFC Zachery Fuller, PFC
Brandon Banner, PVT Eddy Gates, PVT Issac DeLeon, and PVT Tyneesha James).
Additionally, the three survivors were treated for their injuries and released to the chain
of command (Exhibit DH). Finally, F40 was recovered with an estimated $118,691 in
damage (Exhibit DC).

4. FINDINGS.

a. Who was involved in the incident? Eighteen Soldiers participated in the patrol.
Twelve Soldiers rode in F40 (SSG Colon, Cadet Winey, SPC Sun, SPC 
PFC Fuller, PFC Banner, PVT Gates, PVT DeLeon, PVT James,
(Exhibits AP and AQ). The other three vehicles in the
convo eac a occu ants: the M1097 F9) had
the M1075 (F261) had
and the M978 (F235) ha
(Exhibit AO).

  
  
  
  

 
    
 
 

b. Were any individuals impaired by drugs, medical issues, stimulants,
alcohol, medicine, or lack of sleep?

(1) Based upon the autopsy results and medical records, none of the deceased
or injured Soldiers had any impairment from drugs, medical issues, stimulants or
medicine (Exhibits DG and DH).

(2) SSG Colon, Cadet Winey and PVT James were not affected by lack of sleep
based upon unanimous consensus from other members of the patrol (Exhibits What was the composition and purpose of the patrol?

(1) The patrol was a tactical convoy operation (TCO) that the FSC Distribution
Platoon planned for Sergeant?s Time Training (STT) (Exhibit AR). It consisted of

26

AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

eighteen Soldiers listed above and four tactical vehicles. The purpose of the mission
was to train Soldiers on convoy operations.
(2) The composition and order of movement for the patrol as it departed the
motorpool was: F9 (M1097), F40 (M1083), F261 (M1075), F235 (M978) (Exhibit AL).
As the patrol moved along the planned route, SSG Colon sent a text message to the
other Vehicle Commanders to change lead vehicle. He placed F40, the vehicle he
commanded, as the lead vehicle in the convoy (Exhibits AL, E, F, and G). In his
statement, (b) (6)
indicated SSG Colon ordered the change after their brief
phone conversation, wherein(b) (6)
stated to SSG Colon that he was unsure of
the route and had concerns about the weather (Exhibit F). (b) (6)
statement
that he told SSG Colon that he was concerned about the weather did not come across
as credible, but I do believe that he told SSG Colon that he was unsure about the
planned route.
(3) SSG Colon was the Vehicle Commander of F40 and served as the overall
patrol leader (Exhibits E, F, and G). Although Cadet Winey was the senior member of
the patrol as a Cadet Troop Leader Training (CTLT) Program Platoon Leader, this STT
event focused on crew level training, so SSG Colon remained in charge (Exhibit P).
d. Who was driving the MTV?
(1) PVT James drove F40 (Exhibits E, F, G, H, and I). SSG Colon assigned her
as the driver at the platoon information briefing about the training event on 1 June 2016
(Exhibits E, N, BG, and CU).
(2) The F FSC Commander,(b) (6)
, indicated that (b) (6)
was supposed to drive F40 on 2 June 2016 because PVT James was not
properly licensed; however, multiple statements refute (b) (6)
claim (Exhibits P,
BE, BF, and CQ). (b) (6)
stated he volunteered to drive at the platoon briefing
on 1 June 2016, but SSG Colon wanted the less experienced drivers to get the training
(Exhibit BF).

(b) (6)

e. What level of training did the MTV crew have?
(1) SSG Colon was an experienced noncommissioned officer (NCO) who also
served as the F FSC Master Driver as an additional duty (Exhibit BK). He had
extensive driving hours and experience leading tactical convoys (Exhibits BH, BI, and
BJ). He also understood proper composite risk management procedures (Exhibits BH
and BI).

27

5

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

(2) Cadet Winey was an inexperienced leader newly assigned as a CTLT Cadet.
As part of the CTLT Program, he served as an assistant Platoon Leader in F FSC to
gain insights on how to be a lieutenant. He arrived at the unit on 23 May 2016 (Exhibit
DM). He had no prior service experience (Exhibit BL). Because of his limited
experience, he lacked knowledge of composite risk management procedures and
tactical wheeled vehicle capabilities.
(3) PVT James was an inexperienced Soldier assigned to F FSC on 25 April
2016 from Advanced Individual Training (AIT) at Fort Leonard Wood, MO (Exhibits BN
and BO). F FSC did not conduct formal driver’s training to properly certify their Soldiers
on the operation of vehicles within the Company (Exhibits N, P, BG, CU, and DE). After
her arrival in F FSC, PVT James received only limited on-the-job driver’s training
(Exhibits DP and DR). However, multiple statements indicate SSG Colon issued PVT
James a Standard Army Driver’s License in May 2016 (Exhibits N, P, BM, DE, DP, and
DR). She received formal training during her 88M AIT at Fort Leonard Wood, MO, but
training on the MTV was intended only as familiarization training (Exhibits EE, EG, EH,
EI, EJ, and EK). Therefore, on 2 June 2016, PVT James had only a rudimentary
understanding of composite risk management and the MTV’s ability to successfully
cross Owl Creek at flood stages.
(4) F FSC does not have a formal driver’s training program consistent with Army
Regulations and the 3-16 FA Battalion Safety Standard Operating Procedure (SOP)
(Exhibits N, P, R, BZ, CU, DE, and DF). (b) (6)
has been a (b) (6)
since December 2015 and has not observed formal driver’s training in F FSC (Exhibit
N). (b) (6)
took (b) (6)
and has not scheduled driver’s training
for F FSC. He planned to conduct driver’s training when he received more new Soldiers
in July 2016 (Exhibit P). (b) (6)
, the F FSC Distribution (b) (6)
,
believed that SSG Colon was issuing F FSC drivers Army Learner Permits IAW AR 60055, para 6-3b(1), but those permits require mandatory classroom training before they
can be properly issued (Exhibits DE and DF). 88M AIT classroom instruction does not
provide sufficient instruction to serve as formal unit level driver’s training (Exhibits EA,
EB, and EI).
(5) As the F FSC Master Driver, SSG Colon was the leader who had access to
the automated systems that produce driver’s licenses; therefore, he was the person who
improperly licensed PVT James (Exhibits N, BG, CU, DE, and DF). (b) (6)
and (b)
(6)
(b) (6)
(b)
(6)
both have licenses signed by
, who knew they were not properly
trained (Exhibits DU, DV, and DW).

28

6

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

(6) Both* and* knew their Soldiers had Standard
Army Driver?s Licenses WI out the reqUIre raining, yet they did nothing to correct the

problem (Exhibits BG, CU, and DE).

(7) acknowledged that PVT James and other Soldiers in the
Company were not properly trained. It is not clear if he knew PVT James was going to
drive on 2 June 2016 (Exhibits P, BG, cu, and DE). stated he observed
the convoy conducting at the motorpool ga ore eparting (Exhibit P).
SSG Colon?s STT patrol was the only patrol from the Com an de arting the motorpool
on 2 June (Exhibits DT and EL). A reasonable? would have
checked on the patrol and validated its risk mitigation measures before it departed
under similar conditions.

 

 

 

(8) Regardless of whether the formal driver?s training program would have
prevented the incident, such oversights contributed to an apathetic safety mentality in
the Company. Systemic errors at the Company and the Platoon?e.g., not properly
licensing Soldiers?created the conditions where PVT James was untrained to operate
a heavy wheeled vehicle. Human errors?e.g., leaders knowing but not enforcing the
standard?deepened complacency at the unit level.

f. What level of awareness did leadership have of the movement and
routes?

(1) The Company was aware of the patrol?s planned route (Exhibits AR, N, and
P). The patrol did not have tactical communications and did not report their departure
from the motorpool IAW the 3-16 FA Battalion SOP (Exhibits E, F, M, N, Q, R, and DN).

 
  
 

 

(2) Both and knew the patrol was preparing to
depart on 2 June. saw the patrol conducting (Exhibit P).
Before departure, ordered SSG Colon not to travel through water
crossings because 0 rain a and increased risk (Exhibits CU, CS, and CT . While
his statement could be self-serving and no one witnessed the discussion, 
came across as credible (Exhibits CO and CU).

led the patrol the week prior to the incident on the same route
(Exhibit . new ere was a bridge over Owl Creek. If SSG Colon had followed
his order and crossed Owl Creek using the hardstand bridge, rather than attempting the
mid-water crossing, the incident would not have happened (Exhibit DS).

 

 

29

AFOP-TR

SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

9. Was the crew or leadership aware of weather concerns or flooding in the
area?

(1) All leaders and Soldiers (from patrol through installation level) that I
interviewed were aware of the heavy rainfall (Exhibits AC, AV, and
DJ).

(2) Because of heavy rain on 2 June 2016, several Soldiers arrived late to begin
preparing for the patrol (Exhibits They were not aware of the
flooding risk (Exhibits E, F, G, H, and I). stated that he received the
National Weather Service Flash Flood Warning (issued 2 June at 0847) on his cell
phone and shared that with other Soldiers, but no one interviewed could confirm seeing
the message (Exhibits BF, CO, and CR).

(3) and were aware of the severe weather but not
the flooding hazards and LWC Report issued by Range Control and the (Exhibits
N, P, and CU). Regardless, the Owl Creek Bridge remained open throughout the
incident, because it remained a safe avenue to cross Owl Creek despite the heavy rain
(Exhibits DS, DY, and DZ). As stated earlier,* was concerned about
potential flooding because of previous experience on route, so he directed SSG
Colon to avoid water crossings (Exhibit CU). The patrol planned to only travel for
approximately 1.4 kilometers on the tank trail, and there were several places to
transition from the tank trail back to East Range Road (Exhibit DS).

 

   

 

(4) The LWC Report issued by the ICC on 2 June closed all creeks and
tactical/mid-water crossings (Exhibit AV). However, the Owl Creek Bridge remained
open (Exhibit DS). Leadership at 3-16 FA Battalion was not aware of the road and LWC
Report until after the event occurred (Exhibits M, Q, and R). Better dissemination of the
LWC Report would have reinforced order, but he had already placed
adequate risk mitigation in place.

(5) The 2ABCT Commander, and the 2ABCT Command
Sergeant Major, receive daily SITREP via email, which
addressed the daily status of water crossings, but that data is buried in the routine
report (Exhibit DJ). 2ABCT later received severe weather updates and road closure
reports and immediately disseminated these to subordinate units, but those arrived after
the patrol had already departed the motorpool (Exhibit DO).

(6) F, the 1CD Operations Center NCO-ln-Charge (NCOIC) on 2
June, receive severe weather alert and LWC Reports from the Upon request,

   

30

AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas
he forwarded the LWC Report to the 1CD Safety Officer, (b) (6)
, on 2 June
at 0858, but (b) (6)
did not send the report to anyone else (Exhibit DL). There is no
Division SOP for distribution of the LWC Report (Exhibit DL).
(7) (b) (6)
, 1CD Safety Officer, forwarded the LWC Report to the Brigade
Safety Officers in 1CD on 2 June at 0900 via email. (b) (6)
, the 2 ABCT
Safety Officer, received the LWC Report but did not forward it (Exhibit DK).
(8) The IOC issued all severe weather reports and LWC Reports to 1CD (AV,
AW, AX, AZ, BA, BC, and CG).
(9) I will address the LWC Reports in greater detail below, but there are
procedural errors at multiple levels on how to properly report and track severe weather
alerts.
(a) The National Weather Service issued the flash flood warning for the Fort
Hood area on 2 June at 0847 (Exhibits AW, AX, and AY). At each level of command,
mission command center leaders are not using closed loop reporting. They forward
severe weather alerts but do not require follow-up confirmation when all subordinates
have been notified. Most reporting occurred via email, creating the risk that individuals
will not receive reports if they are not constantly monitoring their email (Exhibits AZ, BA,
CG, DJ, and DK).
(b) Mission command nodes are using outdated email distribution lists, so actual
leaders are not receiving the reports (Exhibit BB).
(c) At BCT and below, there appears to be a lack of understanding of what to do
when a severe weather alert happens, so staff duty leaders are not informing
commanders to enable them to make informed decisions to reduce and mitigate risks
(Exhibits K, L, M, and DL).
h. Were precautions taken to address weather or terrain risks?
(1) The patrol was a planned training event to gain better experience for junior
Soldiers in convoy operations (Exhibit AR). Units can expect to conduct convoys in
inclement weather, so the training event should have continued despite the heavy rain.
(2) SSG Colon and the patrol’s other NCOs ensured their Soldiers wore wet
weather gear for the convoy but did not take other precautions (Exhibits E, F, G, H, and
I).

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas
(3) (b) (6)
directed SSG Colon to avoid water crossings to mitigate high
water risks, but he did not address that concern to (b) (6)
or other NCOs in the
patrol (Exhibits CQ, CS, CT, and CU).
(4) (b) (6)
did not direct any updated composite risk management
procedures when he observed the patrol preparing to depart the motorpool (Exhibit P).
As stated previously, SSG Colon’s TCO was the only patrol from F FSC departing the
motorpool (Exhibits DT and EL). A reasonable (b) (6)
would have
walked up to the patrol and talked with the leaders about how they planned to reduce
risks after the heavy rain. (b) (6)
should have engaged the patrol on their risk
mitigation plan before they departed. It is unclear if he attempted to do that, because
(b) (6)
invoked his 5th Amendment rights during the investigation; however,
several statements indicate (b) (6)
did not talk to the patrol before they departed
(Exhibit P, CQ, CU, and EM).
(5) Omissions by SSG Colon and (b) (6)
increased the patrol’s risk level
by not adjusting the driver plan or implementing route changes (like those directed by
(b) (6)
).
i.

Who made the decision to attempt the water crossing?

(1) The chain of command felt SSG Colon was in charge of the convoy (Exhibits
N and P). The NCOs and Soldiers on the patrol also knew SSG Colon was the convoy
leader (Exhibits E, F, G, H, and I).
(2) By directing the change in lead vehicles, SSG Colon further reinforced that
he was leading the mission (Exhibits E, F, and G). After directing the change in lead
vehicles, SSG Colon’s vehicle, F40, remained at the front of the convoy.
(3) SSG Colon made three successive decisions that contributed to the incident,
and each decision made the incident more foreseeable by further desensitizing the
patrol members to the risks. His last decision to attempt to pass through the Owl Creek
Mid-Water Crossing was a high risk decision that far exceeded the decision authority of
any leader in the patrol.
(a) First, SSG Colon decided to depart the paved road to travel on the tank trail.
The planned route only included 1.4 kilometers of travel on an unimproved road (Exhibit
DS). The benefit gained by inexperienced drivers from traveling that limited distance
was far outweighed by the risks it created.

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

(b) Second, SSG Colon decided to continue on the tank trail towards the Owl
Creek Mid-Water Crossing after traversing two large puddles (Exhibits E, F, and G).
The second puddle was deep enough to reach the doors of the M1097 commanded by
(b) (6)
(Exhibit G). There were several trails that led back to East Range Road
and the Owl Creek Bridge (Exhibit DS). Continuing on the tank trail after traveling
through the deep water hazard fully desensitized the crews to the risks they were
accepting.
(c) Finally, SSG Colon’s decision to cross Owl Creek through the Owl Creek
Mid-Water Crossing rather than using the adjacent Owl Creek Bridge, in direct
contravention of (b) (6)
order, was the proximate cause of the incident.
(4) SSG Colon had significantly more experience than PVT James and Cadet
Winey (Exhibits BJ, BL, and BN).
(5) SSG Colon made a conscious decision to enter the Owl Creek Mid-Water
Crossing as evidenced by his vehicle, F40, pausing before slowly entering the crossing
(Exhibits AL, AN, and AM). SSG Colon’s position sitting in the front of the vehicle, his
responsibility as leader of the convoy, the slow, deliberate movement with which the
vehicle entered the water crossing, and PVT James’s lack of experience as a driver,
lead me to the conclusion that this was a clear decision by SSG Colon to cross, rather
than a decision made by PVT James.
(6) The Owl Creek Bridge on East Range Road was open with no hazards, and
its load capacity could handle all vehicles in the convoy (Exhibits C, D, W, and DS).
(7) SSG Colon’s errors in judgement led to this incident. There was a safe,
functional bridge he could have chosen to use that still would have met the unit’s
training goals. As the Vehicle Commander of F40, he was responsible for its safe
operation. He had the experience to know that it was a bad decision to cross at that
location and should have chosen to cross using the bridge. The rough conditions of the
water at the time of the crossing made the consequences of any attempt to cross at that
location foreseeable (Exhibits C, D, AA, and AC).
j.

Describe the effect of weather on the training mission and terrain.

(1) The Owl Creek drainage basin is relatively small with very steep cliffs
surrounding it (Exhibit BQ). The rainfall associated with the 2 June 2016 National
Weather Service warning at 0847 produced a flash flood in Owl Creek (Exhibits BQ and
AW).

33

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 AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

(2) The maximum fording depth of an MTV is 30 inches (Exhibit DB). The water
depth when F40 attempted to cross was over seven feet as evidenced by (b) (6)
seeing water flow into the cab and bed of F40 (Exhibits H and AN). The water
immediately south of the crossing was even deeper and the channel was more narrow
(Exhibit BR).
(3) The force of the water combined with the weight and water displacement of
F40 caused it to immediately experience negative buoyancy and begin floating
downstream (Exhibits BP and BQ).
(4) The flash flood created extremely hazardous conditions that remained long
after the incident. Two hours after the incident, conditions at the crossing were still
dangerous (Exhibit BS). (b) (6)
, the Fort Hood Fire Department Swift
Water Boat Captain, stated it was the worst water conditions he had ever experienced
(Exhibit AC).
k. Describe the road conditions and visibility at the time of the incident.
(1) Visibility was improving at the time of the incident, but the water level at the
Owl Creek Mid-Water Crossing was very high and moving extremely fast (Exhibits C, D,
E, F, and G).
(2) After the patrol departed from the motorpool, the Installation closed
Jamestown Road in the western part of the training area, which typically experiences
much higher flooding risks, based on flooding from the storm (Exhibits AV, AZ, and BA).
(3) The Installation closed East Range Road south of where the incident
occurred at 1110 on 2 June because water began crossing the paved surface (Exhibit
BA).
l. Were any weather warnings provided to leadership prior to the training
mission? If so, were actions taken to mitigate potential risks created by weather?
(1) As stated earlier, the IOC transmitted the severe weather warnings to 1CD
via email at 0914 on 2 June 2016 (Exhibits AW, BC, and CG). The 1CD Operation
Center sent the reports to 2ABCT senior leaders via email (Exhibit DO). There is no
indication 2ABCT sent the severe weather reports to 3-16 FA.
(2) LWC Reports generated by Range Control and disseminated by the IOC are
unclear. The report categorizes crossings and creeks as “GREEN,” “AMBER,” or

34

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 AFOP-TR

SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

It also describes that specific crossings can be (Exhibits W, AV, and
CD). On 2 June, all creeks and crossings were and some crossings were
(Exhibit AV). The Owl Creek Bridge is listed on the report, but it was not
listed as The Owl Creek Mid-Water Crossing is not listed on the report.
This creates confusion.

(3) LWC Reports are not disseminated, analyzed and tracked throughout the
Installation. The IOC and 1CD received the LWC Reports on 2 June, but many leaders
at 2 ABCT and below did not receive these reports (Exhibits AV, DJ, DK, DL, DO, and
C). Sending the report via email to key leaders does not provide the data to staff
members that should then analyze it and make risk recommendations to their
commander.

(4) At 3-16 FA Battalion and below, there were no risk mitigation measures put
in place because they were not aware that conditions were and that some water
crossings were (Exhibits E, N, P, and R).

(5) The IOC and Range Operations closed roads, creeks and crossings the
existing LWC SOP to mitigate flash ?ood risks (Exhibits W, AV, AX, AZ, BA, and CD)

(6) The confusing reports and corresponding unit actions did not directly
contribute to the incident, but reliance on email and the lack of closed loop reporting do
not adequately mitigate risk in a ?ash flood situation. These procedural errors lend
themselves to increased safety complacency.

m. What are the unit?s Standard Operating Procedures (SOPs) for convoy
operations and vehicle rollover drills?

(1) 3-16 vehicle safety SOP is ICW AR 385-10 and addresses 
requirements and rollover drills (Exhibit BZ). The patrol conducted the required
but did not have tactical communications (Exhibits E, F, G, O, M, and BZ).

Althou states the patrol did not conduct the patrol NCOs
and a WI nessed their completion (Exhibits E, F, G, N, and P).

(2) prepared a deliberate risk assessment worksheet (DRAW) for
gunnery suppo on ay 2016, but he did not update it as conditions changed
(Exhibits and BT). Both the DRAW and 3-16 FA Battalion Safety SOP require rollover

drills before departure on a convoy, but the patrol leaders did not enforce that
requirement (Exhibits E, F, G, and BT).

  
  
 
  

13
35

AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

(3) The 3-16 FA Battalion Safety SOP properly addresses composite risk
management and seasonal safety, but it is apparent that F FSC leaders are not
following the SOP (Exhibits E, F, G, BY, and CA).
(a) The patrol leaders and (b) (6)
before departure (Exhibits E, F, G, N, and P).

did not update their risk assessment

(b) The patrol remained on the tank trail even after water flowed into the F9 crew
compartment before Owl Creek (Exhibits E, F, G, H, and P).
(c) The BN Seasonal Safety SOP addresses flash flooding risks, but it does not
appear unit leaders considered the threat (Exhibits E, F, G, and P).
(4) IIIC Safety has a sound program for vehicle safety that is ICW AR 385-10,
but it is not being implemented and tracked (Exhibits BU, BV, and AH):
(a) Drivers under the age of 26 must complete a local hazards course upon
arrival at Fort Hood, but no interviewed Soldier remembered participating in the training
(Exhibits E, F, G, H, I, N, and P).
(b) The local hazards training course includes a detailed section on the
increased risk of flash floods in Texas (Exhibit BW). However, the web link to the site
was broken for approximately one month (which included the time that PVT James
arrived to Fort Hood) (Exhibits BD, BE, and BN). Also, the webpage where IIIC Safety
offers the course includes the training certificate, so Soldiers can print the certificate
without taking the course (Exhibits BV and BX).
(c) Soldiers inprocessing Fort Hood who are 26 years old or younger are
required by AR 385-10 to take the Intermediate Driver’s Training, which includes the
local hazards course. The requirement is codified on the Fort Hood Inprocessing
Checklist and in the Replacement Detachment SOP (Exhibits CO and CP). However,
(b) (6)
, the Replacement Detachment NCOIC, stated that the installation
level inprocessing driver’s training has lagged and that he has never seen the online
local hazards training (Exhibit AH).
(5) While none of the SOP challenges above directly caused the incident, the
combination of human error (failure to understand hazards and implement new risk
control measures) and procedural errors (failure to enforce Intermediate Driver’s
Training) increased the risk.

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 AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

n. Did the unit have SOPs for water crossings or reacting to vehicle rollovers
in water? If so, did the unit comply with these SOPs and did it conduct drills prior
to this mission?
(1) After a thorough search of Army doctrine and publications, there is no clear
SOP for reacting to a rollover in water in an MTV (Exhibit CC). There are SOPs for
HMMWVs that could be extrapolated, but there are significant differences that would
make development of a unit level SOP challenging.
(2) The unit does not have an SOP for water crossings. Additionally, the MTV
technical manual (TM) has undergone a revision (last change occurred in 2005), and
the TM no longer makes any clear reference to fording operations (Exhibit DD). The
sole references to fording now include maximum fording depth and a sentence that
states the radiator fan will be turned “off” when fording water (Exhibits DB and DD).
(3) Training on the MTV at 88M AIT does cover rollover procedures and water
crossings, but this training only serves as familiarization (Exhibits EA, EB, EG, EH, EI,
EJ, and EK).
(a) 88M Students are certified on rollover procedures through a lesson on the
HMMWV Egress Assistance Trainer, which addresses actions in rollovers in both dry
and water situations, but from a HMMVW perspective (Exhibit EJ).
(b) At 88M AIT, students also receive classroom instruction and a one mile
confidence course that includes a water crossing obstacle (Exhibits EG, EH, and EK).
Each student navigates the confidence course, but it has significant safety controls and
the student drivers are taught to follow the directions of their senior occupant (Exhibits
EA, EB, and EK).
(c) PVT James passed these events in AIT (Exhibit EE).
o. What were the Fort Hood installation procedures for responding to flooding
and other severe weather?
(1) The Fort Hood SOP for severe weather provides details on distribution of the
threat across the Installation, but it lacks specificity on closed loop reporting (Exhibit
CF). On 2 June, the IOC followed the procedure for the distribution of the flash flood
warning (Exhibit CG).

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15

 AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

(2) The Fort Hood SOP for LWC Reports is less clear, as discussed previously.
It lacks closed loop reporting, has unclear definitions, is only sent via email, and has
inaccurate distribution lists (Exhibits Z, AV, BB, BC, and DL).
(3) The Fort Hood SOP for monitoring the risk at low-water crossings is effective
(Exhibits V, W, Z, AD, CD, CE, and CH). The procedures outlined in September 2007
provide structure for managing and maintaining the low-water crossings (Exhibit CH).
That order aligns responsibility to monitor sites, emplace physical controls, resource
construction and maintenance, report flood risk situations, and implement controls to
open or close low-water crossing sites.
(4) Mid-water crossings and handstand bridge crossings are not marked on the
Installation (Exhibits V, W, and CK).
p. What were the Installation procedures for marking water crossings?
(1) Fort Hood Regulation (FHR) 350-40 and the low-water crossing assessment
guide provide clear descriptions of how the low-water crossing sites should be marked
(Exhibits CD and CE). There are sample marked sites on Pegasus and Iron Horse
Scaled Ranges to familiarize leaders and Soldiers with the marking SOP (Exhibits B
and CE).
(2) FHR 350-40 requires of formal marking of the tactical low-water crossings on
the western part of the reservation because those areas have higher risks of flash
flooding (Exhibits W, AD, CH, and CK). Hardstand bridges and mid-water crossings
(e.g., Owl Creek Mid-Water Crossing) are not marked.
(3) Fort Hood previously installed and operated automated flood warning
devices on six high risk low-water crossings in the western training area (Exhibit AD).
As Installation Management Command funding guidance changed, that project was
discontinued. Establishment and monitoring of six sites has a projected cost of $78,000
annually (Exhibits CI and CJ). The warning devices are not used on the mid-water
crossings and hardstand bridge crossings. Therefore, the maintenance and proper
functioning of these devices would not have prevented this incident.
q. Did the incident occur at a known water crossing? The incident occurred at
the Owl Creek Mid-Water Crossing, an established mid-water crossing site for Fort
Hood (Exhibits C, D, E, AQ, AV, and DS). Most of the Installation leaders with
significant Fort Hood experience have not seen Owl Creek flash floods of this intensity
(Exhibits W, AC, and AD).

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 AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

r. Was the location of the incident marked?
(1) The incident occurred at a mid-water crossing site. IAW the Fort Hood SOP,
it is not marked (Exhibits W, AD, and CK).
(2) Establishment of a marking system on the mid-water crossing sites would
create initial purchase and maintenance costs but could serve as an additional risk
assessment tool for leaders.
s. Were other known water crossings marked? Did Fort Hood Range Control
or other responsible Fort Hood directorates/agencies have systems or
procedures in place to deal with weather concerns and water crossings in Fort
Hood training areas? If so, were those procedures followed?
(1) As stated earlier, Fort Hood marks the twenty-six low-water crossing sites
and does not mark the fifteen hardstand/bridge/mid-water crossings (Exhibits W, AD,
and CK). (b) (6)
, the Fort Hood Range Safety Officer, and (b) (6)
,
the DPTMS, both state that Range Operations assesses low-water crossing deficiencies
after each major weather event to determine required maintenance needs (Exhibits W
and AD).
(2) Many of the marked low-water crossing sites have deficiencies that make
them less useful as risk management tools (Exhibits W and AD). For example, at some
crossings, overgrown vegetation covers some of the warning signs, and in other
instances, water flow and debris have worn the paint off of some of the water depth
marking poles (Exhibit B).
(3) The Directorate of Public Works (DPW) leaders indicate they have sufficient
funds available to maintain the low-water crossing sites (Exhibits AE, AF, and AG).
They are confident in their proactive approach to large projects but state there is not
good information flow for the reactive maintenance requirements, like the current lowwater crossing deficiency list (Exhibits W, AE, AF, and AG).
(4) (b) (6)
and (b) (6)
both identify reduced manning resources as one
of the challenges that limits their ability to maintain these sites (Exhibits W and AD). As
senior leaders have conducted trade space analysis between funding levels and priority
requirements, Range Operations personnel have been reduced to maintain readiness of
tactical units. Those reductions force Range Operations leaders to balance support for
ongoing unit training with reconnaissance of low-water crossing deficiencies and
submission of work orders.

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

(5) Existing challenges with identifying, reporting, and completing maintenance
on the site markings did not directly contribute to this incident but remain systemic
challenges for the Installation.

t. Have other training fatalities and/or injuries occurred at Fort Hood as a
result of past ?ooding and also involving vehicle water crossings under the
same/similar circumstances? If so, what steps were taken to mitigate risk?

(1) There have been no previous incidents at the Owl Creek Mid-Water Crossing
(Exhibits W, AC, and AD).

(2) A search of the FORSCOM database and interviews at Fort Hood indicate
the last fatality at a Fort Hood water crossing occurred in 2000, when an armored
vehicle attempted to cross a flooded site and one Soldier drowned (Exhibit DO).

(3) In May 2007, an M2 Bradley got stuck while attempting to cross a ?ooded
low-water crossing (Exhibit W). The crew required extraction by helicopter hoist
because of the depth of the water (Exhibit W). Fort Hood created the revised low-water
crossing system now in place as a reaction to that event (Exhibit CH).

(4) In December 2015, 2-82 FA Battalion, 3ABCT, 1CD, had an M109A6 Paladin
get mired in a low-water crossing (Exhibits CL and CM). The AR 15-6 Investigation
findings from that incident also showed procedural errors with reporting and marking
that contributed to the incident. The Investigating Officer found no human error for
attempting to cross the site but found the crew misjudged the depth of the water.

(5) There are differences in each case, but procedural error in both reporting and
local hazards education increases the likelihood of human error in judgement. The risks
associated with low-water crossings at Fort Hood have yet to be adequately reduced.

u. What was/were the cause(s) of each Soldier?s death? All nine Soldiers died
from accidental drowning (Exhibit DG).

v. Describe the nature and extent of any injuries sustained by each Soldier
involved in this incident, and also, the cause(s) of any such injuries suffered as a
result.

  
    

Medical rofessionalsinitiall

   

In a follow-up examination, his
. All injuries resulted from

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AFOP-TR

SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

his escape from the flooding vehicle. Medical professionals subsequently released him
to return to duty.

2 Medical rofessional with

   
   

All injuries resulted from their escape from the flooding vehicle. Both Soldiers
subsequently returned to duty.

w. Provide a chronology of the relevant events immediately preceding the
incident, during the incident, and the response timeline once the MTV ?nally
overturned. See Enclosure 6.

x. Assess the sufficiency and effectiveness of the emergency response by the
unit and/or other medical personnel responding to the incident.

(1) The emergency response was sufficient to prevent further loss of life and
recover missing Soldiers and equipment as quickly as possible. 911 Operators
received the first emergency call at 1105 on 2 June 2016 (Exhibit CW).

(2) The response began immediately when F40 washed Soldiers
in the atrol and Soldiers passing by rescued
?(Exhibits AJ, AK, AL, AM, and AN). Lea ers repo th  en 0 an
es a Ished control to prevent further Soldiers from being swept away by the water

(Exhibits AL and Al). Soldiers also immediately searched for survivors along both
banks of the creek.

 
 
    

(3) The initial first responders were from the Fort Hood Fire Department at 1124
(Exhibit CW). Military Police and Game Wardens arrived at 1136 (Exhibit CX). Fort
Hood received mutual aid on both 2 and 3 June to recover missing Soldiers (Exhibit
CY). Mutual aid consisted of fire departments, swift water boat teams, search dogs,
and rotary wing assets from the local, regional and state level (Exhibit CY).

(4) All Soldiers and equipment were recovered by 1317 on 3 June 2016 (Exhibit
CV).

(5) Water conditions at Owl Creek were extremely challenging, so the swift water
crew?s experience and the massing of the Contingency Response Battalion and Army
aviation ensured an effective search (Exhibits AB and AC).

19
41

AFOP-TR
SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

y. Describe whether you believe any additional measures should have been
taken in light of the circumstances. The massed interagency assets were sufficient.
Additionally, 1CD maintained Soldiers on-site throughout the night and continued
search operations with thermal sight-equipped helicopters to look for survivors as long
as the crews were available (Exhibit CV).
z. Assess the effectiveness of command and control during the incident. To
the extent you identify failures or deficiencies either systemically or as applied
particularly to the incident, make specific recommendations as to what corrective
action should be taken.
(1) The overall mission command structure with the Fort Hood Fire Department
providing the Incident Commander was appropriate (Exhibits AB and AC).
(2) 2ABCT provided effective mission command and integration of Army assets
into the incident response (Exhibits Q, R, AB, and AC).
(3) Communications around the incident site were poor (Exhibits AC and AD).
There is a gap in cell phone tower coverage at the incident location, and first responder
radio challenges made communication during the search more challenging.
aa. Assess whether any individual(s) should be held accountable for any
failures or deficiencies with respect to this incident, and if applicable, make
specific recommendations as to an appropriate disposition based on the factual
findings.
(1) This training event was planned and coordinated properly. The STT plan
focused on increasing junior Soldiers’ ability to conduct convoy operations as the
Company built its readiness for more complex events. Units must be capable of
operating in adverse weather conditions, so conducting the event after the rain was
appropriate, as long as sufficient risk mitigation efforts occurred. The Installation closed
water crossings because of the risk, but Owl Creek Bridge remained open since use of
the bridge posed no risk to civilians or Soldiers.
(2) (b) (6)
was negligent in his application of the composite risk
management process. He was aware of the route the patrol was taking; he knew the
patrol was conducting convoy operations training; and he knew that significant rain had
fallen (Exhibits P and AR). He saw the patrol preparing to depart, and he was aware he
had Soldiers who were not trained or licensed to drive (Exhibit P). (b) (6)
train two levels down, so (b) (6)
had a responsibility to engage with
(b) (6)

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

SSG Colon before departure to ensure appropriate risk reduction was in place. He also
signed drivers? licenses for his Soldiers knowing that they were not properly trained
(Exhibits DU, DV and DW). His actions created a climate in the Company of increased
safety complacency.

(3) was negligent in his duty to ensure his Soldiers were properly
ore a owmg em to drive tactical vehicles. He knew the Soldiers were not

 
 

trained be
trained, but he did not correct the problem, nor did he ask for additional resources
Exhibits N, BG, and CV). Part of his complacency stems from his?
hs inaction. Conversely, he did understand the increase ns 0 travel on
the roads on 2 June. He reports that he directed SSG Colon to avoid water crossings,
which would have prevented the incident (Exhibit CV).
(4

was negligent in her duty as an. Although
she was urlng the incident, she knew her Sol Iers were no properly trained
to drive (Exhibit DE). She states she thought the drivers had learner permits. But as a

former Truck Master and experienced senior NCO, she knew that issuance of a
learner?s permit requires formal classroom instruction, and she knew her Soldiers did

not receive the re uisite trainin Exhibit DE). While part of her complacency stems
from her?

 

   

  

inaction, she asked SSG Colon when he was going to
fix the driver?s training challenge. As the_ she should have
intervened, rather than putting the problem on her su or mate.

ab. Determine whether the subject state of readiness/maintenance
impaired its safe operability, and/or whether its mechanical condition either
caused or contributed somehow to this incident.

(1) F40 came out of the Army Low Use Program and was due for an annual
service in September 2016 (Exhibits AU and DA). While there are minor record-keeping
errors on the equipment record, such as old parts listed that were replaced, nothing
indicates a major deficiency that would have made the vehicle non-mission capable
before departure.

(2) F40 entered water in Owl Creek above its maximum fording depth (Exhibits
80 and DC). The mechanical condition of the vehicle did not cause the incident;
negative buoyancy did (Exhibit 80).

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SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

5. RECOMMENDATIONS.

d. The IOC should establish a system to coordinate with subordinate units and the
Fort Hood Network Enterprise Command to refine the Severe Weather Distribution list
and ensure accuracy. The IOC should create a process to verify addresses rather than
waiting on unit input about changes (Finding 

 

e. The IOC should refine the LWC Report process to require closed loop reporting
from subordinates once they have CONFIRMED that all subordinate units are notified
(Finding 

f. The IOC must clarify the LWC Report to prevent confusion. Separate the bridges
and mid-water crossings. If all creeks are list all tactical low-water crossings
and mid-water crossings as The only instances where there should be a
difference between the overall creek/Iow?water crossing/mid-water crossing condition
and specific crossing sites should occur if creeks are or but a
specific crossing is Ensure all crossing sites are listed, even if there is a
bridge and Iow/mid-water crossing adjacent to each other (Finding 

9. Since Range Operations does not have sufficient manpower to routinely inspect
the crossing sites, make that a tactical task assigned to the BCTs. It would be Mission
Essential Task List (METL) training tied to a unit conducting a zone recon), so
conducting the task would not be a Red Cycle burden. Employing this technique would
have the added benefit of making units more aware of the marking SOP and risks
associated with flash ?oods and water crossings (Finding This would further
mitigate the challenge that marking of the water crossing sites is a double-edged sword.
The markings and closure of a site can warn leaders of a potentially hazardous event,
but leaders can also become desensitized to the risk after seeing the markings each
time they pass.

AFOP-TR

SUBJECT: Findings and Recommendations for AR 15-6 Investigation Regarding
Training Fatalities Sustained During M1083 MTV Mid-Water Crossing on 2 June 2016 at
Fort Hood, Texas

h. Safety, the Replacement Detachment, and Garrison must fix the intermediate
Driver Course execution. The training must be better monitored and enforced, and the
training certificate cannot be placed on the webpage because it makes it more likely
Soldiers will miss the training. Consider using a technique similar to the Information
Assurance Training or Annual OPSEC training, where Soldiers cannot get the certificate
until they take the training and successfully pass a test. Also, strengthen the flash flood
hazard instruction with products from Exhibits BP and 80 (Finding 

i. The Installation should conduct an Inspector General inspection to determine the
depth of the challenge with driver?s training. FSC, 3?16 FA should immediately
assess all driver's training qualifications and ensure Soldiers who are not properly
trained do not drive (Finding 

j. and DPW should consider installing the flood early warning systems
across all water crossings (Finding 

k. and DPW should mark all water crossings with the tactical marking
system (Finding 

l. should coordinate with FORSCOM to request TRADOC and US Army Safety
Center assistance with the development of procedures for vehicle roliovers in water
(Finding 

6. Point of contact for this memorandum is the undersigned at?or by
electronic mail at

 

Encl

 

23
45

 

Chronology of Incident

26 May 2016
F FSC Company Training Meeting (Sergeant’s Time Training Plan discussed)
1 June 2016
Patrol OPORD
Vehicles Dispatched
2 June 2016
0505 Installation Operations Center (IOC) publishes Low Water Crossing Report via
email
0847 National Weather Service issues flash flood alert
0914 IOC publishes Weather Warnings 06-015 and 06-017
1030 SSG Miguel Colon Vasquez's patrol departs 3-16 FA motorpool
1042 IOC closes Georgetown Road
1100 Incident occurs; Medium Tactical Vehicle, admin number F40 (F40) swept
downstream
1105 Cove Police Department transfers 911 call to Fort Hood Fire Department
1108 Fort Hood Fire Department dispatches Station 3 and Station 4 to begin search
and rescue
1111 All Fort Hood Fire Department assets enroute
1119 Fort Hood Military Police dispatched
1120 IOC closes East Range Road
1123 Ft Hood Fire Department requests rotary wing aircraft to assist with search
1124 Fort Hood First Responders arrive at incident site
1136 Fort Hood Military Police arrive at incident site
1205 Fort Hood and Killeen Fire Department boats in water to begin search and
rescue
1206 Survivors enroute to hospital (b) (6)
1216 Fort Hood Department of Emergency Services requests support from
Crisis Reaction Battalion
1252 1st Cavalry Division (ICD) Combat Aviation BDE has 2 AH-64 Apache
helicopters on station for search and 1 MEDEVAC helicopter on standby
1255 Fort Hood Fire Department requests recovery support for F40 recovery
1430 2 casualties recovered
1452 F40 recovered from Owl Creek
1619 3rd casualty recovered
Owl Creek water level recedes; boat beached; continue search by air and
1634 ground
1705 4th casualty recovered

46

 1857
2043

5th casualty recovered
Fort Hood Fire Department terminates civilian search and rescue; 1CD
continues ground and air search

3 June 2016
0202 AH-64s off-station
0714 1CD resumes aerial search
0937 Fort Hood Fire Department boat team resumes search
1251 3 additional casualties recovered
1317 Last casualty recovered

47

 DEPARTMENT OF THE ARMY
HEADQUARTERS, US ARMY FORCES COMMAND
4700 KNOX STREET, BUILDING 8-1808
FORT BRAGG, NC 28310-0001
REPLY TO
ATTENTION OF

AFOP-TR

22 July 2016

MEMORANDUM FOR RECORD
SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

1. Outlined below is a chronology of my actions taken as AR 15-6 Investigating Officer
(IO):
a. 6 June 2016
(1) 1600: Received AR 15-6 Appointment Memorandum from my legal advisor,
, III Corps Administrative Law
(2) 1700: Coordinated travel to Fort Hood, TX from Fort Bragg, NC

(b) (6)

b. 7 June 2016
(1) 0800: Arrived at Fort Hood, TX from Fort Bragg, NC
(2) 1400: Received Legal in-brief from (b) (6)
, III Corps
Administrative Law
(3) 1500: Received products from (b) (6)
, Safety Investigator, and began
review of information related to 2 June incident
c. 8 June 2016
(1) 0830: Meeting with(b) (6)
, III Corps Chief of Staff, to go over the
investigation
(2) 0930 – 1400: Continued review of documents provided by 2ABCT, III Corps,
Garrison, Range Control, and Safety Investigator to gain big picture
understanding of 2 June incident
(3) 1430: Met with (b) (6)
to discuss investigative strategy and potential
witnesses
(4) 1500: Received reports from (b) (6)
, Chief, Installation Operations
Center
(5) 1700: Received information and documents from(b) (6)
, 3-16 FA
Battalion XO

48

 

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

d. 9 June 2016

(1) 0900: Continued review of relevant documents provided by 2ABCT, 
Corps, Range Control, and Garrison

(2) 1000: Sent additional to-, 2ABCT xo, and 3-16
FA XO

(3) 1030: Received additional documents from -, Chief, installation
Operations Center

(4) 1200: Received documents from
(5) 1500: Received documents from
(6) 1600: Received documents from

2ABCT Safety Officer
Corps Safety
CD Deputy Chief of Staff

  
 
    



e. 10 June 2016

(1) 1315: Interviewed and received sworn statements from members of the

Arkansas National Guard, 
(2) 1400: Conducted phy3lca inspec ion 0 involved in the 2 June

incident and captured images of the vehicle

(3) 1430: Visited range control and was escorted to other low water crossings
around Fort Hood. Pictures were taken to document the difference in the low
water crossings.

(4) 1530: Met with_ to discuss investigative strategy and plan
witness interviews

 

f. 11 June 2016

(1) Continued review of documents received from 2ABCT, Corps, and
Garrison
(2) Planned investigative strategy and witness questions for following week

9. 12 June 2016

(1 Continued review of documents received from 2ABCT, Corps, and
Garrison
(2) Planned investigative strategy and witness questions for following week

h. 13 June 2016

(1) Continued review of documents received from 2ABCT, Corps, and
Garrison
(2) Planned investigative strategy and witness questions for following week

2

49

AFOP-TR

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

(3) Sent request to Texas National Guard requesting AR 15-6 from training
fatality that occurred at Fort Hood on 17 June 2015

i. 14 June 2016

(1) 0930: Traveled to FSC to meet with Soldiers (other than the three
survivors) involved in 2 June incident
(2) 0959: Interviewed and received sworn statement from
1030: Interviewed and received sworn statement from
1105: Interviewed and received sworn statement from
1115: Interviewed and received sworn statement from
1122: Interviewed and received sworn statement from
(7) 1128: Interviewed and received sworn statement from
(8) 1245: Traveled to 2ABCT to meet with the 3-16 FA and 2ABCT staff duty
members from 2 June 2016

9 1300: Interviewed and received sworn statement from-
Wewed and received sworn statement from!

(11) 1310: Interviewed and received sworn statement from

12 1415: Requested the IOC email distribution list for wea er repo 3 rom-
m: Requested information from Range Control on previous incidents at
Fort Hood involving water crossings

(14) 1500: Requested opine from Safety Investigator, on Army
SOP for reacting to a rollover in an
(15) 1700: Traveled to the 3-16 FA Battalion area to meet with leaders from 

FSC and 3-16 FA
(16) 1730: Interviewed and received sworn statement from 

FSC Distribution?
17 1745: InterViewe an received sworn statement from FSC

nterviewed and received sworn statement from FSC

3
4
5
6

 

 

 

   
  
  

19) 1818: Interviewed and received sworn statement from - 3-16 FA

1830: Interviewed and received sworn statement from 
3-16 FA

j. 15 June 2016

(1) 0830: Traveled to Range Control to meet with Range Control leaders and
individuals that were working at the time of the incident

3

50

AFOP-TR

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

(2) 0845: Interviewed and received sworn statement from Fort
Hood Range Control

(3) 0845: Interviewed and received sworn statement fro_.

(4) 0937: Interviewed and received sworn statement fro Fort
Hood Range Control

(5) 0955: Interviewed and received sworn statement from 
Fort Hood Range Operations

(6) 0955: Interviewed and received sworn statement from 
Director, Fort Hood Range Control

(7) 1145: Meeting with the IOC leadership and individuals workin on 2 June
(8) 1149: Interviewed and received sworn statement from
(9) 1200: Interviewed and received sworn statement from
(10 1200: Interviewed and received sworn statement from


(11) 1600: Interviewed 
(12) 1630: Received sworn a ement from
(13) 1700: Received DA Form 2404 covering the inspection of the MTV involved
in the incident

 
    

k. 16 June 2016

(1) 0930: Traveled to MP Station to speak with first responders.
(2) 1000: Traveled to Fire Station to speak with first responders
(3) 1230: Interviewed and received sworn statement from
(4) 1230: Interviewed and received sworn statement from
(5) 1230: Interviewed and received sworn statement from
(6) 1500: Received videos and images from the swift water oa eam

   

17 June 2016

Q1) 1000: Interviewed and received sworn statement from 

., NCOIC, Replacement Detachment

1015: Contacted_, 3-16 BN PA, for information related to the
three injured Soldiers
(3) 1030: Meeting with three individuals from DPW in the law Iibra
(4) 1045: Interviewed and received sworn statement from
(5) 1045: Interviewed and received sworn statement from
(6) 1045: Interviewed and received sworn statement from
(7) 1600: Discussed the report of investigation with
shell to begin drafting AR 15-6 ROI

 
 
 
    

an worked on

51

AFOP-TR

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

m. 18 June 2016

(1) Began draft of AR 15-6 ROI

(2) Continued reviewing relevant documents from the investigation and sworn
statements

n. 19 June 2016

(1) Continued draft AR 15-6 ROI

(2) Continued reviewing relevant documents from the investigation and sworn
statements

0. 20 June 2016

(1) 0900: Meeting with?from the Corps

Safety Office

(2) 0930: Interviewed and received sworn statement from

(3) 0945: Interviewed and received sworn statement from

(4) 1045: Interviewed and received sworn statement from
5 1100: Interviewed and received sworn statement sworn a emen rom

Wiewed and received a follow-u sworn statement)?
(7) 1500: Requested sworn statement from 2ABCT In regar 

to the receipt and distribution of the Low Water Crossing Report generated by
Range Control and distributed by the IOC

   
 

  
 

 

p. 21 June 2016
(1) 1100: Met with? to request follow-up
statements from bot in NI ua 

(2) 1115: rovided a follow-up sworn statement

3 1130: of his rights using DA Form 3881 and

elected to no ma a atement and asked to speak with an at orney

4 1300: Re uested sworn statements from CID Special Agents?

regarding interviews they conducted WI 0 iers

3 er en

(5) 1400: Met with! from FSC, 3-16 FA

(6) 1413: Interviewe an received sworn statement from

(7)

1530: Met with from FSC, 3-16 FA

8 1535: Advised For his rights using DA Form 3881 -
waived his rig an provided another sworn statement

  
      
   
 
   
  

   

 

 

52

AFOP-TR

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

9 1615: Interviewed and received sworn statement from CID Special Agent

  
  

erviewed and received a sworn statement from CID Special Agent

h. 22 June 2016
(1) 0945: Met with the FSC Distribution Platoon
(2) 1005: Advised of her rights using DA Form 3881
(3) 1010: er rights and provided a sworn statement
(4) 1300: Requested medical files of three injured Soldiers

  
  
 

i. 23 June 2016

(1) 0930?, 1CD DOC NCO on 2 June 2016

(2) 1037: provided a sworn statement and copies of his emails from
2 June 20

(3) 1400: Completed initial draft of Report of Investigation

j. 24 June 2016
1 0900: Requested a second sworn statement from FSC-

(2) 1000: Meeting with MG Uberti, Commander, Fort Hood Installation, to
provide an update on investigation progress

(3) 1030: Received sworn statement from
(4) 1400: Met again with
FSC

(5) 1420: Interviewed and received a sworn statement from
(6) 1431: Interviewed and received a sworn statement from
(7) 1445: Interviewed and received a sworn statement from
(8)

1500. Received sworn statement from 
igi 1530: Interviewed and received a sworn a ement and driver?s license from

      
 

2ABCT XO
from 

 

uested and received POI for 88M Advanced Individual Training
from Director of Training, US. Army Transportation School
(11) 1730: Meeting with MG Thomson, Commander, 1st Cavalry Division to
provide an update on investigation process

 

53

AFOP-TR

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

k. 25 June 2016 Travel Day returned to Fort Bragg, NC
I. 27 June 2016
(1) 1300: Re uested information, documents, and statements from 
of the 58th Transportation Battalion, Fort Leonard oo 

and
2 eceived Formal LOD Appointment Orders from
Commander, 2ABCT, to investigate the deaths of 886 Colon and PVT

    
     
    

    

ames

m. 28 June 2016

(1) 0800: Requested sworn statement from Chief, Game
Warden, Fort Hood, TX

(2) 1620: Received autopsy reports from Fort Hood Casualty Assistance

n. 29 June 2016

1 1133: Received_ sworn statement and driver?s license signed by
equested and received follow-up statement from 

Director, Range Control

0. 30 June 2016

(1) Received sworn statement from 3-16 FA
(2) Requested route imagery from  ll Corps G3
p. 1 July 2016

(1) Received sworn statements from of the 58th
Transportation Battalion, Fort Leonard Wood, MO

(2) Received information on 88M AIT MTV driver?s training and water fording
from

q. 7 July 2016

(1) 1117: Requested extension from MG Uberti; extension was approved until
22 July 2016

(2) 1400: Received route imagery from?

7

AFOP-TR

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

r. 13 July 2016

(1) 1400: Interviewed and received sworn statement from_ FSC, 3-
16 FA

3. 15 July 2016
(1) 1055: Received DA Form 21733 from Fort Hood Casualty Assistance Office
t. 17 July 2016
(1) 1400: Continued to revise AR 15-6 Report of Investigation (ROI), Table of
Contents, LOD Re orts, and relevant documents
(2) 1644: Senth ROI for review

u. 19 July 2016

 

 
 

(1) 1341: Requeste
2173s for LOD Repo

Commander, 3-16 FA, sign DA Form
3

v. 20 July 2016
(1) 1400: Received signed DA Form 21733
(2) 1500: Received edited ROI back from continued to revise

w. 21 July 2016

 

(1) 1400: Revised LOD Reports
(2) 1500: Revised ROI

x. 22 July 2016

(1) 1400: Compiled AR 15-6 and LOD reports for legal review
(2) 1600: Finalized ROI

55

AFOP-TR

SUBJECT: Chronology of Investigation for Army Regulation (AR) 15-6 and Line of Duty
(LOD) Investigation into Facts and Circumstances Surrounding Training Fatalities
Sustained During MTV Mid-Water Crossing on 2 June 2016 at Fort Hood, Texas

y. 25 July 2016 turned in completed investigation report to conduct

legal review

2. Point of contact for this memorandum is the undersigned at? or by

electronic mail at

 

 nvesllgating Officer

56

 

Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit 

Exhibit J.

Exhibit K.
Exhibit L.

Exhibit M.
Exhibit N.
Exhibit 0.
Exhibit P.
Exhibit Q.
Exhibit R.
Exhibit S.
Exhibit T.
Exhibit U.
Exhibit V.
Exhibit W.
Exhibit X.
Exhibit Y.
Exhibit Z.

Exhibit AA.
Exhibit AB.
Exhibit AC.
Exhibit AD.
Exhibit AE.

Exhibit AF.

Exhibit AG.
Exhibit AH.
Exhibit BD.
Exhibit BE.

Exhibit BF.
Exhibit CR

Exhibit CS.
Exhibit CT.
Exhibit DE.

Exhibit DL.

Exhibit DO.

57

 

DEPARTMENT OF THE ARMY
HEADQUARTERS, US ARMY FORCES COMMAND
4700 KNOX STREET, BUILDING 8-1808
FORT BRAGG, NC 28310-0001

WITNESS LIST

Exhibit DZ.
Exhibit EA.
Exhibit EB.
Exhibit EF.
Exhibit EL.

58

 

 

 

 

From: Uberti, John MG USARMY Ill CORPS (US)

Sent: Thursday, July 07, 2016 12:20 PM

To:

Cc:

Subject: RE: 15-61nv i i uested Extension (UNCLASSIFIED)
Signed By:

approved

Original 

mm:?

Sent: Thursday, July 07,2016 11:18 AM
To: Uberti, John MG USARMY CORPS (US)

    

Subject: FW215-6 Investigation Requested Extension (UNCLASSIFIED)

Sir,

BLUF: I recommend granting -a 14 day extension (until 22 JUL 16)
to complete his ROI.

?has two minor areas to examine before completing his
investigation ofthe 2 JUN MTV rollover. He has requested a 14 day
extension to finish the investigation and finalize the ROI.

Thank you.

Very Respectfully,

  

Administrative Civil Law

Office of the StaffJudge Advocate
TF Phantom, Fort Hood

 

Original 
From:
Sent: Thursday, July 07,2016 9:11 AM

59


Subject: 15?6 Investigation Requested Extension (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED

I request an extension on the 15-6 investigation into the 2 JUN16 MTV
rollover w/fataIities. There are still two minor areas of investigation
that require witness statements. Once I've satisfactorily answered those
questions, I can complete the ROI.

I have a draft ROI complete, but need to close these areas to ensure I have
holistic understanding of the incident.

Thanks,

Freedom's Guardian

    

Director of Training

 

CLASSIFICATION: UNCLASSIFIED

60

 

 

 

First water puddle

Second water puddle

     

Incident site

       
 



La: ld'BS . -on 07: IV 

:Ievauon 42/ {45:1 SR..

Owl Creek Bridge
PV30935753
.r

   



INCIDENT SITE:
Owl Creek Mid-Water
Crossing
PV31025749

Direction of 3" 

Travel


Nu}. Teri:

       


La! 31' 14' 30 04w Lor (7235'  v
.

Elevanon 2&3 n. 373 




Incident site

 



0 Location of Puddles

 

Zcon 

1CD 

a


. 
GA AI-

03': Tr?:

JLU 

 

  

3144257C71

   

-51 3T 56 l' GndO?
R17 ?1 SR

8933??



Where patrol entered tank trail

Zoor.? Level :9 

20'? 


50a ?Msc-Usta ?e
.

  

1439/31442570Elevanon 2&3 n. 373 
1

 

PUDDLES

ROUTE

 

   
 

21? 14 32 64?? L01 37? 3? ?6 

. 

Elcvaliull 241 79: at.

  

Incident Location



 

I Zoom Level: 
50m
103 

 

44:1;

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

From: Fort Hood Senior Commander, Fort Hood, TX 76544

To: CDR, FORSCOM, Fort Bragg, NC 28310
Commander, IMCOM, San Antonio, TX 78234

1. Subject: SIR Number 160698

2. Type of incident: 2 Item q: Training and troop movement accidents resulting in injury or
death

3. Date/time of incident: 0211438 JUN 16

4. Location: On-Post Vicinity grid PV 308571, East Range Road and Brookhaven Road,
Fort Hood, TX 76544

5. Unit and Station:
a. Company/Troop/Battery: FSC
b. Battalion/Squadron: 3-16 FA
0. Brigade/Regiment/Group: 2 BCT
d. Division: 1st Cavalry Division
e. Station: Fort Hood, TX

6. Other information: 
Based on Prejudice Motives: f" Race l" Gender Other: 

7. Personnel involved:
a. Subject
(1) Name: Christine
Rank/Pay grade: 
Last 4 SSN:
(0) Race: White
Sex: Female
Age: 27
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): 
Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Yes
1. Number of Deployments: 1
2. If yes please give dates and operations: Republic of Korea: June
2015 February 2016
UCMJ/LegallDisciplinary Actions:
Past: 
Pending: 

 

FOR OFFICIAL USE ONLY

68

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

Details: 

b. Subject
(2) Name: Brandon Banner

Rank/Pay grade: 
Last 4 
Race: Black
Sex: Male
Age: 22
Position: Heavy Vehicle Driver

1. MOS: 88M Motor Transport Operator

2. Relationship (family member): 
(9) Security clearance: Not Reported
Unit and station of assignment (if different then above):
Duty status: On-Duty
Marital status: Single
Deployment History: Yes

1. Number of Deployments: 1

2. If yes please give dates and operations: Republic of Korea: June

2015 February 2016
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: 

c. Subject
(3) Name: Miguel Colonvazquez
Rank/Pay grade: 
Last 4 SSN:
Race: White
Sex: Male
Age: 38
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
Security clearance: Not Reported
Unit and station of assignment (ifdifferent then above):
Duty status: On-Duty
Marital status: Married
Deployment History: Yes
1. Number of Deployments: 5
2. If yes please give dates and operations: Republic of Korea: June
2015 February 2016; Afghanistan: July 2013-March 2014; lraq: May 2011-November
2011; Afghanistan: March 2008-May 2009; Iraq: September 2005-September 2006
(I) UCMJ/Legal/Disciplinary Actions:
Past: 

FOR OFFICIAL USE ONLY

69

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

Pending: 
Details: Click here to enter text.

d. Subject
(4) Name: Isaac Deleon

e. Subject

70

Rank/Pay grade: 
Last 4 SSN:
(0) Race: White
Sex: Male
Age: 19
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): 
Security clearance: 
Unit and station of assignment (if different then above):
Duty status: On-Duty
Marital status: Single
Deployment History: None
1. Number of Deployments: 0
2. If yes please give dates and operations: None
(I) UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: 

 

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

f. Subject
(1) Name: Zachery Fuller
Rank/Pay grade: 
Last 4 
(0) Race: Black
Sex: Male
Age: 23
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): 
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: None
1. Number of Deployments: 
2. If yes please give dates and operations: None
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

9. Subject
(1) Name: Eddy Gates

Rank/Pay grade: 
Last 4 SSN:
(0) Race: Black
Sex: Female
Age: 20
Position: Heavy Vehicle Driver

1. M08: 88M Motor Transport Operator

2. Relationship (family member): 
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: None

1. Number of Deployments: 0

2. If yes please give dates and operations: None
UCMJ/Legal/Disciplinary Actions:

Past: 
Pending: 
Details: 

 

h. Subject
(1) Name: Tysheena James
Rank/Pay grade: 

FOR OFFICIAL USE ONLY

71

i. Subject

  

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

Last 4 SSN:
(0) Race: Black
Sex: Female
Age: 21
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 
2. If yes please give dates and operations: None
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

 

USE ONLY

k. Subject

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

 

(1) Name; Yingming Sun

Rank/Pay grade: 
Last 4 SSN:
Race: Asian
Sex: Male
Age: 25
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Married
Deployment History: Yes
1. Number of Deployments: 1
2. If yes please give dates and operations: Republic of Korea: June

2015 February 2016

l. Subject

UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

(1) Name: Mitchell Whiney

73

Rank/Pay grade: Not Provided
Last 4 SSN: 
(0) Race: White
Sex: Male
Age: XX
Position: CTLT Cadet
1. M08: 098 Commissioned Officer Candidate

(d
(e
(0

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

2. Relationship (family member): 
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: None
1. Number of Deployments: 0
2. If yes please give dates and operations: 
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: 

8. Summary of incident: Training and troop movement accidents resulting in injury or death.
At 021143 JUN 16, 11 Soldiers from FSC, 3-16 FA, 2ABCT, 1CD and one West Point
Cadet were returning to the Motor-pool through a low water crossing in the vicinity of Owl
Creek (PV 3091 5718) when their LMTV rolled over at the crossing point. Fort Hood Fire
Department (FHFD) responded and initiated a water rescue operation of twelve Soldiers. At
0212058 JUN 16, reported that three Soldiers were rescued and are
currently at Carl R. Darnall Army Medical Center. Five Soldiers were found deceased but
four Soldiers are still missing. Two aircraft (AH64 - Apache Helicopters), two HEMMTT M984
and 40 CRB Soldiers are supporting the mission. One MEDVAC on standby for the
operations. At 0212558 JUN 16, reported three swift water boats
were performing sweeps of the river. At approximately 022057JUN16, Department of
Emergency Services (DES) personnel suspended search operations. 2ABCT will maintain a
Brigade Operations Center (800) until search operations are complete. The 2ABCT BOC is
located in Building 29005. 3-16 FA will maintain a tactical operations center TAC at the
accident site co-located with command post. 1-9 CAV will retain a platoon on 1 hour
recall during hours of limited visibility. Upon resumption of search operations, a 1-9 CAV
Company will serve as OPCON to 3-16 FA and work in conjunction with DES. 2ABCT has
established a RETRANS site to facilitate FM communications with the 3-16 FA TAC. 22
Soldiers and 7 vehicles from 3-16 FA will remain on site overnight. This is an initial report.
As more information becomes available a follow-up report will be rendered. (SIR received
from unit at 0200348 JUN 16)

9. Remarks: 

10. Publicity Anticipated: Yes

11. Commander reporting: CDR, 2ABCT, 1CD, Fort Hood, TX
76544

12. Point of contact: XO, 2ABCT, 1CD, Fort Hood, TX 76544 -
-

13. Downgrading Instructions: None

 

FOR OFFICIAL USE ONLY

74

FOR OFFICIAL USE ONLY
SERIOUS INCIDENT REPORT

14. Report Originated by: CDR, 3-16 FA, 2ABCT, 100, Fort Hood,
TX 76544

15. IOC DTG notified: 0200348 JUN 16

16. Report Released D.M., CHOPS, Mission Support, in
Corps and Fort Hood, TX
D.M., CHOPS, Mission Support, Ill Corps and

Signature: 

17. Reviewed By:
Fort Hood, TX 76

 
 

18. Notifications: SIR Distribution

WJM Operations Specialist
BDS Quality Control

030 Journal Number

003 Enclosure Number

This is an incident of concern to FORSCOM, in accordance with Operations Order PW 11-

07-496. CAT X, Item: 2 Item q: Training and troop movement accidents resulting in injury or
death.

As Of: May 6. 2016

FOR OFFICIAL USE ONLY

75

H27

FOR OFFICIAL USE ONLY
INCIDENT REPORT

ICSm/From: Commander, Fort Hood, TX 76544

To: Fort Hood Senior Commander, Fort Hood, TX 76544
1. Subject: IR Number Click here to enter text.

2. Type of incident: 3 Item 01: Serious Injury/Illness to a FORSCOM Soldier
3. Date/time of incident: Approximately 021200JUN16

4. Location: On-Post Vicinity grid PV 3091 5718, Owl Creek Crossing Point

5. Unit and Station:

a. Company/Troop/Battery: FSC
b. Battalion/Squadron: 3-16 FA

If Other Please list: Click here to enter text.
c. Brigade/Regiment/Group: 2 BCT

If Other Please list: Click here to enter text.
d. Division: 1st Cavalry Division

If Other Please list: Click here to enter text.
e. Station: Fort Hood, TX

If Other Please list: Click here to enter text.

6. Other information: 

 

Based on Prejudice Motives: r" Race l? Gender Other: 

7. Personnel involved:
a. Subject
(1) Name: Christine
Rank/Pay grade: 
Last 4 SSN:
(0) Race: White
Sex: Female
Age: 27
(0 Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status; On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 1

2. If yes please give dates and operations: Republic of Korea: June

2015 February 2016
UCMJ/Legal/Disciplinary Actions:
Past: 

FOR OFFICIAL USE ONLY

76

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INCIDENT REPORT

Pending: 
Details: Click here to enter text.

b. Subject
(2) Name: Brandon Banner
(3) Rank/Pay gr 
Last 4 SSN: 
(0) Race: Black
Sex: Male
Age: 22
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Unit and station of assignment (if different then above):
a. Company/Troop/Battery: Click here to enter text.
b. Battalion/Squadron: Choose an item.
If Other Please list: Civil. inn: i"?lt_ 1
c. Brigade/Regiment/Group: Choose an item.
If Other Please list: Click here to enter text.
d. Division: Choose an item.
If Other Please list: Click here to enter text.
e. Station: Choose an item.
If Other Please list: Click here to enter text.
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 1
2. If yes please give dates and operations: Republic of Korea: June
2015 February 2016
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

c. Subject
(3) Name: Miguel Colonvazquez
Rank/Pay grade: 
Last 4 SSN:
Race: White
Sex: Male
Age: 38
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY
INCIDENT REPORT

Unit and station of assignment (if different then above):
a. Company/Troop/Battery: Click here to enter text.
b. Battalion/Squadron: Choose an item.
If Other Please list: Click here to enter text.
0. Brigade/Regiment/Group: Choose an item.
If Other Please list: Click here to enter text.
d. Division: Choose an item.
If Other Please list: Click here to enter text.
e. Station: Choose an item.
If Other Please list: Click here to enter text.
Duty status: On-Duty
Marital status: Married
Deployment History: Click here to enter text.
1. Number of Deployments: 2
2. If yes please give dates and operations: Republic of Korea: June
2015 February 2016; Afghanistan: July 2013-March 2014; Iraq: May 2011-November
2011; Afghanistan: March 2008-May 2009; Iraq: September 2005-September 2006
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

d. Subject
(4) Name: Isaac Deleon
Rank/Pay grade: 
Last 4 SSN:
(0) Race: White
Sex: Male
Age: 19
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: 
Unit and station of assignment (if different then above):
a. Company/Troop/Battery: Click here to enter text.
b. Battalion/Squadron: Choose an item.
If Other Please list: Click here to enter text.
0. Brigade/Regiment/Group: Choose an item.
If Other Please list: Click here to enter text.
d. Division: Choose an item.
If Other Please list: Click here to enter text.
e. Station: Choose an item.
If Other Please list:
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.

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1. Number of Deployments: 0
2. If yes please give dates and operations: Click here to enter text.
(I) UCMJ/Legal/Disciplinary Actions;
Past: 
Pending: 
Details: Click here to enter text.

 

f. Subject
(1) Name: Zachery Fuller
Rank/Pay grade: 
Last 4 SSN:
(0) Race: Black
Sex; Male
Age: 23
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 0
2. If yes please give dates and operations: Click here to enter text.
UCMJ/Legal/Disciplinary Actions:
Past: 

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9. Subject
(1) Name: Eddy Gates

h. Subject
(1) Name: Tysheena James

80

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INCIDENT REPORT

Pending: 
Details: Click here to enter text.

Rank/Pay grade: 
Last 4 SSN:
Race: Black
Sex: Female
Age: 20
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 0
2. If yes please give dates and operations: Click here to enter text.
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

  

Rank/Pay grade: 
Last4 SSN: -
Race: Black
Sex: Female
Age: 21
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
0) Deployment History: Click here to enter text.
1. Number of Deployments: 0
2. If yes please give dates and operations: Click here to enter text.
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY
INCIDENT REPORT

i. Subject

j. Subject

k. Subject
(1) Name: Yingming Sun
Rank/Pay grade: 

FOR OFFICIAL USE ONLY

 

FOR OFFICIAL USE ONLY
INCIDENT REPORT

Last 4 
(0) Race: Asian
Sex: Male
Age: 25
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Married
Deployment History: Click here to enter text.
1. Number of Deployments: 1
2. If yes please give dates and operations: Republic of Korea: June
2015 February 2016
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

I. Subject
(1) Name: Mitchell Whiney
Rank/Pay grade: Not Provided
Last 4 SSN: 
(0) Race: White
Sex: Male
Age: XX
Position: CTLT Cadet
1. M08: 098 Commissioned Officer Candidate
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 0
2. If yes please give dates and operations: 
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

8. Summary of incident: At approximately 021143JUN16, Soldiers from 
and one West Point Cadet were returning to the Motor-pool after ?nishing
training on Convoy Operations. The convoy was attempting to return through a low water
crossing IVO Owl Creek (PV 3091 5718) when a LMTV carrying eleven (11) Soldiers and
the one (1) West Point Cadet rolled over at the crossing point. The three other vehicles in
the convoy immediately stopped to render aid. At 1244 Civil Fire Rescue personnel

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INCIDENT REPORT

rescued 3 Soldiers wand continued search for
the Cadet and remaining Soldiers. At 1 1 -16 A Leaders as well as the 1 CAV CSM
arrived at the incident site. DES Fire Rescue personnel have recovered 4 deceased
Soldiers (PV2 James, SPC PV2 Gates, PV2 Deleon) and released them to CID
and mortuary affairs representatives on ground. Search efforts for the remaining Soldiers
continue. At 1540. the involved LMTV was recovered with no personnel inside. Currently
CAV is on site assisting with the search operationsstandby and prepared to move fonrvard and assist when directed.

9. Remarks:
a) Training:
Master Resilience Trainer Assist Trained

b) NOK Noti?cation: Not Reported
0) Risk Factors: (check all that apply)

Alcohol Involved: Yes l7 No
If yes provide details: i-teie to enter text
Drugs Involved (Medication or Other): i? Yes I7 No
If yes prOVide details: here to union text
I7 PPE Worn f? Safety Training Courses Completed
l7 Seatbelt use
Relationship Challenges OccupationaVJob Issues
Financial Dif?culties Unsatisfactory Living Conditions

Access to a Weapon

Medical issues (are they being seen for):
Behavioral Health r? Physical Health

Actively Seeing a Nurse Case Manager: yes I7 no unknown
High Risk Soldier yes no
Determined By: Medical Data 

f? Other: 

d) Car Information for Accidents:
Make: ick t?eae to enter text.
Model: (Slick he to cute: text
Year: Click to enter text

e) Unrestricted Sexual Assaults:
CID Noti?ed Other Law Enforcment Noti?ed

Victim has requested to relocate from unit

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INCIDENT REPORT

10. Publicity Anticipated: Yes

11. Commander reporting: CDR, ZBCT, 100
12. Point of contact: xo, ZBCT, 1CD, 

13. Downgrading Instructions: None
14. Report Originated by:_ CDR, 3-16 FA, zscr, 1CD
15. 10C DTG notified: Click here to enter text.

16. Report Released D.M., CHOPS, Mission Support, in
Corps and Fort Hood, TX 76544

17. Reviewed By:_ D.M., CHOPS, Mission Support, Ill Corps and
Fort Hood, TX 76

Signature:

18. Notifications: IR Distribution
WFN Operations Specialist
CRW Quality Control
000 Journal Number

000 Enclosure Number

This is an incident of concern to II I Corps, in accordance with Operations Order PW 11-07-
496. CAT X, Item: X, 

As Of: May 6, 2016

FOR OFFICIAL USE ONLY

84

85

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ADD-ON

From: Commander, Fort Hood, TX 76544
To: Fort Hood Senior Commander, Fort Hood, TX 76544

Subject: SIR

1. Type of incident: 3 Item 01: Serious Injury/Illness to a FORSCOM Soldier
2. Date/time of incident: Approximately 021143JUN16

3. Additional information: At approximately 022057JUN16, Department of
Emergency Services (DES) personnel suspended search 0 erations. At the en
of the day's search operations, three Soldiers

were rescued and evacuated, wnile tlve Soldiers were found
deceased (SPC PV2 Deleon, PV2 Gates, PV2 James, and PFC Fuller).
The three Soldiers rescued and evacuated initially received care at Coryell
Memorial Hospital in Gatesville, TX, and all three were transferred to Carl R.
Darnall Army Medical Center (CRDAMC) at approximately 021700JUN16.
CRDAMC personnel anticipate returning all three to duty with 3-16 FA on 3 June
2016. Five deceased Soldiers are currently located at morgue.
2ABCT will maintain a Brigade Operations Center (BOC) until search operations
are complete. The 2ABCT BOC is located in Building 29005 [Phone: (254) 288-
3541)]. 3-16 FA will maintain a TAC at the accident site co-located with 
command post. 1-9 CAV will retain a platoon on 1 hour recall during hours of
limited visibility. Upon resumption of search operations, a 1-9 CAV Company will
serve as OPCON to 3-16 FA and work in conjunction with DES. 2ABCT will
provide CL I support to its personnel and is coordinating for portable toilets to be
moved to the search area. 15 888 is preparing additional support packages to
push fonrvard in support of search operations as necessary. 2ABCT has
established a RETRANS site to facilitate FM communications with the 3?16 FA
TAC. 22 Soldiers and 7 vehicles from 3-16 FA will remain on site overnight. The
2ABCT BOC will report updates overnight.

4. Commander reporting: CDR, ZBCT, 1CD

5. Point of contact: xo, ZBCT, 1CD, -
-2ABCT Operations Center 

6. Downgrading of classified material: None

  
 

   

As of: May 6, 2016

86

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INCIDENT REPORT

From: Commander. Fort Hood, TX 76544

To: Fort Hood Senior Commander, Fort Hood, TX 76544
1. Subject: IR Number Click here to enter text.

2. Type of incident: 3 Item 01: Serious Injury/Illness to a FORSCOM Soldier
3. Date/time of incident: Approximately 021200JUN16

4. Location: On-Post Vicinity grid PV 3091 5718. Owl Creek Crossing Point

5. Unit and Station:

a. Company/Troop/Battery: FSC
b. Battalion/Squadron: 3-16 FA

If Other Please list: Click here to enter text.
0. Brigade/Regiment/Group: 2 BCT

If Other Please list: Click here to enter text.
(1. Division: 1st Cavalry Division

If Other Please list: Click here to enter text.
e. Station: Fort Hood, TX

If Other Please list: Click here to enter text.

6. Other information: 

 

Based on Prejudice Motives: Race l? Gender Other: 

7. Personnel involved:
a. Subject
(1) Name: Christine
Rank/Pay grade: 
b) Last 4 SSN: -
c) Race: White
d) Sex: Female
e) Age: 27
f) Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 1


I




2. If yes please give dates and operations: Republic of Korea: June

2015 February 2016
UCMJ/Legal/Disciplinary Actions:
Past: 

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87

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INCIDENT REPORT

Pending: 
Details: Click here to enter text.

b. Subject
(2) Name: Brandon Banner
Rank/Pay gr 
Last 4 SSN:
(0) Race: Black
Sex: Male
Age: 22
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Unit and station of assignment (ifdifferent then above):
a. Companyfl'roop/Battery: Click here to enter text.
b. Battalion/Squadron: Choose an item.
If Other Please list: Click here to enter text.
0. Brigade/Regiment/Group: Choose an item.
If Other Please list: Click here to enter text.
d. Division: Choose an item.
If Other Please list: Click here to enter text.
e. Station: Choose an item.
If Other Please list: Click here to enter text.
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 1
2. If yes please give dates and operations: Republic of Korea: June
2015 - February 2016
(I) UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

0. Subject
(3) Name: Miguel Colonvazquez
Rank/Pay grade: 
Last 4 SSN-
(0) Race: White
Sex: Male
Age: 38
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY
INCIDENT REPORT

Unit and station of assignment (if different then above):
a. Company/Troop/Battery: Click here to enter text.
b. Battalion/Squadron: Choose an item.
if Other Please list: Click here to enter text.
c. Brigade/Regiment/Group: Choose an item.
If Other Please list: Click here to enter text.
d. Division: Choose an item.
If Other Please list: Click here to enter text.
e. Station: Choose an item.
If Other Please list: Click here to enter text.
Duty status: On-Duty
Marital status: Married
Deployment History: Click here to enter text.
1. Number of Deployments: 2
2. If yes please give dates and operations: Republic of Korea: June
2015 February 2016; Afghanistan: July 2013-March 2014: Iraq: May 2011-November
2011; Afghanistan: March 2008-May 2009; Iraq: September 2005-September 2006
(I) UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

d. Subject
(4) Name: Isaac Deleon
Rank/Pay grade: 
Last 4 SSN:
Race: White
Sex: Male
Age: 19
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: 
Unit and station of assignment (if different then above):
a. Company/Troop/Battery: Click here to enter text.
b. Battalion/Squadron: Choose an item.
If Other Please list: Click here to enter text.
0. Brigade/Regiment/Group: Choose an item.
If Other Please list: Click here to enter text.
d. Division: Choose an item.
If Other Please list: Click here to enter text.
e. Station: Choose an item.
If Other Please list:
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.

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89

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INCIDENT REPORT

1. Number of Deployments: 
2. If yes please give dates and operations: Click here to enter text.
(I) UCMJ/Legal/Disciplinary Actions;
Past: 
Pending: 
Details: Click here to enter text.

Subject

 

f. Subject
(1) Name: Zachery Fuller

Rank/Pay grade: 
Last 4 SSN:
Race: Black
Sex: Male
Age; 23
Position: Heavy Vehicle Driver

1. MOS: 88M Motor Transport Operator

2. Relationship (family member): Choose an item.
lg) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.

1. Number of Deployments. 

2. If yes please give dates and operations: Click here to enter text.
UCMJ/LegaI/Disciplinary Actions:

Past: 

 

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90

9. Subject
(1) Name: Eddy Gates

h. Subject
(1) Name: Tysheena James

91

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INCIDENT REPORT

Pending: 
Details: Click here to enter text.

Rank/Pay grade: 
Last 4 SSN:
(0) Race: Black
Sex: Female
Age: 20
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 
2. If yes please give dates and operations: Click here to enter text.
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

Rank/Pay grade: 
Last 4 SSN.
Race: Black
Sex: Female
Age: 21
Position: Heavy Vehicle Driver
1. M08: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 0
2. If yes please give dates and operations: Click here to enter text.
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY
INCIDENT REPORT

i. Subject

Subject

k. Subject
(1) Name: Yingming Sun
Rank/Pay grade: 

FOR OFFICIAL USE ONLY

 

FOR OFFICIAL USE ONLY
INCIDENT REPORT

Last 4 SSN:
Race: Asian
Sex: Male
Age: 25
Position: Heavy Vehicle Driver
1. MOS: 88M Motor Transport Operator
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Married
Deployment History: Click here to enter text.
1. Number of Deployments: 1
2. If yes please give dates and operations: Republic of Korea: June
2015 - February 2016
UCMJ/Legal/Disciplinary Actions:
Past: 
Pending: 
Details: Click here to enter text.

I. Subject
(1) Name: Mitchell Whiney
Rank/Pay grade: Not Provided
Last 4 SSN: 
(0) Race: White
Sex: Male
Age: XX
Position: CTLT Cadet
1. MOS: 098 Commissioned Officer Candidate
2. Relationship (family member): Choose an item.
(9) Security clearance: Not Reported
Duty status: On-Duty
Marital status: Single
Deployment History: Click here to enter text.
1. Number of Deployments: 
2. If yes please give dates and operations: 
UCMJ/LegaI/Disciplinaryl Actions:
Past: 
Pending: 
Details: Click here to enter text.

8. Summary of incident: At approximately 021143JUN16, Soldiers from 
CD and one West Point Cadet were returning to the Motor-pool after finishing
training on Convoy Operations. The convoy was attempting to return through a low water
crossing IVO Owl Creek (PV 3091 5718) when a LMTV carrying eleven (11) Soldiers and
the one (1) West Point Cadet rolled over at the crossing point. The three other vehicles in
the convoy immediately stopped to render aid. At 1244 Civil Fire Rescue personnel

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the Cadet and remaining ?oldiers. At 1331 3-16 FA Leaders as well as the 1 CAV CSM
arrived at the incident site. DES Fire Rescue personnel have recovered 4 deceased
Soldiers (PV2 James, SPC PV2 Gates, PV2 Deleon) and released them to CID
and mortuary affairs representatives on ground. Search efforts for the remaining Soldiers
continue. At 1540. the involved LMTV was recovered with no personnel inside. Currently
CAV is on site assisting with the search operationsstandby and prepared to move fowvard and assist when directed.

9. Remarks:
a) Training:
Master Resilience Trainer Assist Trained

b) NOK Noti?cation: Not Reported
c) Risk Factors: (check all that apply)

Alcohol Involved: Yes No
If yes provide details: Click here to enter text.
Drugs Involved (Medication or Other): Yes [7 No
If yes provide details: Click here to enter text.
F7 PPE Worn l" Safety Training Courses Completed
l7 Seatbelt use
Relationship Challenges Occupational/Job Issues
I- Financial Dif?culties Unsatisfactory Living Conditions
Access to a Weapon

Medical issues (are they being seen for):
Behavioral Health r? Physical Health

Actively Seeing a Nurse Case Manager: yes no unknown
High Risk Soldier yes i7 no
Determined By: Medical Data 

Other: I

d) Car Information for Accidents:
Make: Click here to enter text.
Model: Click here to enter text.
Year: Click here to enter text

e) Unrestricted Sexual Assaults:
l? CID Noti?ed Other Law Enforcment Noti?ed

l? Victim has requested to relocate from unit

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY
INCIDENT REPORT

10. Publicity Anticipated: Yes

11. Commander reporting: CDR, ZBCT. 1CD
12. Point of contact: xo. ZBCT. 1CD. -

13. Downgrading Instructions: None

14. Report Originated by:? CDR, 3-16 FA. ZBCT, 1CD

15. IOC DTG notified: Click here to enter text.

16. Report Released by:_ D.M.. CHOPS. Mission Support. 
Corps and Fort Hood, TX

17. Reviewed D.M., CHOPS, Mission Support. Corps and
Fort Hood. TX 76

Signature:

18. Notifications: IR Distribution
WFN Operations Specialist
CRW Quality Control
000 Journal Number

000 Enclosure Number

This is an incident of concern to Corps. in accordance with Operations Order PW 11-07-
496. CAT X, Item: X. 

As or May 6, 2016

FOR OFFICIAL USE ONLY

95

FOR OFFICIAL USE ONLY
ADD-ON

From: Commander. Fort Hood, TX 76544
To: Fort Hood Senior Commander, Fort Hood, TX 76544
Subject: SIR
1. Type of incident: 3 Item 01: Serious Injury/Illness to a FORSCOM Soldier
2. Date/time of incident: Approximately 021143JUN16

3. Additional information: The following casualty notifications have occurred: SPC
parents (PNOK) were notified at PV2 Gates? mother
and father were notified at 030005JUN16 and 030502JUN16, respectively; PV2
James? mother and step-father were notified at PV2 Deleon?s
mother and father were notified at 030445JUN16 and 030230JUN16, respectively.
The following casualty notifications will occur this morning: PV2 James? father;
SPC sister (Secondary Next of Kin and Ft. Hood resident). At
O30630JUN16. 3-16 FA held a battalion formation to inform 3-16 FA troopers on
the current situation and continuing search efforts. At 030745JUN16, 1-9 CAV
troopers received their inbrief from DES personnel and will resume search
operations at approximately 030800JUN16. The 2ABCT Chaplain has organized
24 hour coverage with 2ABCT Chaplains and Embedded Behavioral Health team
members at the Spirit of Ft. Hood Chapel. The ACE is scheduled to resume
operations at approximately 030900JUN16. RETRANS remains
established on OP CURRY. 2ABCT began conducting LOGPAC, which will
continue throughout the operation.

4. Commander reporting: - CDR, ZBCT. 1CD

5. Point of contact: XO. ZBCT, 1CD, 
-2ABCT Operations Center?

6. Downgrading of classified material: None

As of: May 6. 2016

96

FOR OFFICIAL USE ONLY
ADD-ON

From: Commander. Fort Hood, TX 76544
To: Fort Hood Senior Commander, Fort Hood, TX 76544

Subject: SIR

1. Type of incident: 3 Item 01: Serious Injury/Illness to a FORSCOM Soldier
2. Date/time of incident: Approximately 021143JUN16

3. Additional information: At approximately 022057JUN16, Department of
Emergency Services (DES) personnel suspended search operations. At the end
of the day?s search operations, three Soldiers

were rescued and evacuated, while five Soldiers were found
deceased (SPC PV2 Deleon, PV2 Gates, PV2 James, and PFC Fuller).
The three Soldiers rescued and evacuated initially received care at Coryell
Memorial Hospital in Gatesville, TX, and all three were transferred to Carl R.
Darnall Army Medical Center (CRDAMC) at approximately 021700JUN16.
CRDAMC personnel anticipate returning all three to duty with 3-16 FA on 3 June
2016. Four deceased Soldiers are currently located at CRDAMC's morgue. PFC
Fuller's remains are currently en route to the CRDAMC morgue. 2ABCT will
maintain a Brigade Operations Center (800) until search operations are complete.
The 2ABCT BOC is located in Building 29005 [Phone: (254) 3-16 FA
will maintain a TAC at the accident site co-Iocated with command post. 1?9
CAV will retain a platoon on 1 hour recall during hours of limited visibility. Upon
resumption of search operations. a 1-9 CAV Company will serve as OPCON to 3-
16 FA and work in conjunction with DES. 2ABCT will provide CL I support to its
personnel and is coordinating for portable toilets to be moved to the search area.
15 888 is preparing additional support packages to push fon/vard in support of
search operations as necessary. 2ABCT has established a RETRANS site to
facilitate FM communications with the 3?16 FA TAC. 22 Soldiers and 7 vehicles
from 3-16 FA will remain on site overnight. The 2ABCT BOC will report updates
overnight.

4. Commander reportingz? CDR, ZBCT, 1CD

5. Point ofconiact:1. zacr, 
Operations Cente

6. Downgrading of classified material: None

97

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As of: May 6, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

'Ian II .. I. 
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107

PRIVACY STATEMENT
i5 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 use. 3m
and to use. ?3013.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions. ifany. to talte with regard to the allegations:

 

3. ROUTINE USES: Information provided is diselosable tO metnbers ot'the Department of Defense
who have a need for the information in the performance oftheir official duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal. state. or local law enforcement agencies if the record indicates a violation or potential
violation oflaw; b) To members of the U.S. Department ot?Justice when necessary in the defense of
litigation brought against the Department of Defense. or against members of that department as a result of
actions taken in their of?cial capacity: e) To members ofthe US. Department of Justice when necessary
for the further investigation of criminal misconduct: d) Limited infonnation may be made available to
third parties such as members of the public puIsuant to a request submitted under the Freedom of
Information Act pursuant to 5 ?552. consistent with 32 CPR. 505. and c) Limited information
may be made available, if needed. for Congressional or other Govemment investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: TIIE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure ofsocial securitv account numbers is voluntary.
Disclosure of other personal information is mandatory. subject to the limitations of Article 3 l. Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the Constitution 
Amendment"). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary: however. failure to disclose other personal infonnation not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

 

e. For all other personnel: The disclosure ofsocial security account number. where requested. and
other personal infonnation is voluntary and no adverse action can be taken against you for refusing to
provide infonnation about yourself.

(1. For individuals warned oftheir rights under Article 31, UCMJ or the Fifth
Amendment: Providing the infomtation is voluntary. Your rights under Atticle UCMJ or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT

have read and been provided a copy ofthe Privacy Act Statement above and understand
its contents.

?7 . I


 

Date Signature

Printed Name and RankKiIade

AR 156 Investigation (2 JUN 16 Vehicle Rollover) Witness Question List

1. Describe the condition of the creek at the time of crossing (or when you first saw it).

2. Are you aware of any roads or crossing sites being closed? If yes, how were you informed? Who else
did you notify?

3. Describe your understanding of road conditions reports and management by the Installation Ops
Center and/or Range Ops. if you are aware ofthe SOPs, how did you find out?

EXHIBIT 1

108

 

SWORN STATEMENT
For use oi this term. see AR 19045: the proponent agency is PMG

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; F0. 0397 Social Security Number (SSN),

PRINCIPAL To document potential criminal activity involving the US. Army. and to slow Amy officials to mantah 
law and order through investigation oi complaints and incidents.

ROUTINE USES: information provided may be iurther disclosed to ledcral, state. Iocai, and foreign government law enforcement
agencies. prosecutors. courts. child protective services. victims. the Department of Veterans Affairs. and
the Of?ce of Personnel Management information provided may be used for determinations regarding jud'ctal or
non-judicrat punishment. other admhistralwe actions. security clearances. retention,
placement. and other personnel actions

 

DISCLOSURE: Disclosure oi your SSN and other ldormation is voluntary.
1. LOCATION 2. UATF 3 4. NUMBER
Fort Iiood, TX 20i606 0 i i315

 

 

 

  
 
 

 

 

 

IDDLE NAME 6 SSN 7. 

8 ORGANIZATION OR ADDRESS

 

  
 

 

 

.WANI T0 MAKL IHE FOLLOWING STATEMENT UNDER 

Question it had been raining most ofthe moming with an overcast sky. Myself. and _vcrc
heading North on East Range Road when we came across Owl Creek. oticcd three Soldiers running along the creek
and that?s the ?rst time that I noticed the crock. First glance I immediately noticed white caps and debris rapidly moving down the
creek. Debris were moving faster that a man could run. The creek was muddy and extremely high. I noticed the water level was
several feet high and up into the trees along the bank. 1 would guess that the crock would be extremely deep due to the width and
high water levels.

Question 52. was unaware ot?nny roads or crossing being closed. There were no signs or color markings anywhere in sight. Wc
originally were headed South on Fast Range Road when we came across high water on the road along mile marker 7. There Were no

cones or no one identii' in that the road was closed. We had a safety brie?ng that was hrici?cd to our tcam 
White Ccli) by?wmte (.?eii OIC) the night before. As tic?S instructions, not try to cross to
water and noti?ed?in cell phone. No in return called all white cell and instructed not to use East Range Road.
Question i had no understanding of road condition reports by Installation ()ps and/or Range Ups. 1 have not seen an SOP

or aware of one. 
. . - hn"\ .3 





 







 

 

SON MAKING STATEMENT

  

10. EXHIBIT II.

ADDITIONAL PAGES MUST CONTAIN THE HEADING "3 TA TEMENT OF TAKEN A DATED

PAGE 1 OF 2 PAGES

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND PAGE NUMBER
MUS BE TED.

DA FORM 2823, NOV 2006 PReVious eomous ARE OBSOLETE APO LC vi OIES

 

 

 

109

 

  

 

 

 

  
  
   

 

 

   

 

 

 

 

 

 

 

SIATEMENT 3 TAKEN Fm Hood. 'I?cxm omw I Co
9. STATEMENI I, 






I




l/

AFFIDAVIT
CH REGNS ON PAGE 1 AND ENDS 0N PACF I FUI 1v OF FNTIRF NI MADE
BY ME. THE STATEMENT IS TRUE I HAVE INITIALED AIL CO: IONS AND HAVE INITIALED THE 80 ?0'4 OF EACIIH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT I RE - - IIOUT
THREAT OF PUNISHMENT, AND UNLAWI UL IN
(Signatu'rc of Person Making 
and sworn Io itefcus me a pelson aulltorized by Iaw lo
adnumsler oths. thus I (7 :10on Izmc . 2016
a: Fort Hood. 'l'cxas 76544
Fort Hood. TX 76544 
ORGANIZATION OR ADDRESS (Signatum of Person Adnn?nster?na Oalh)
Typed Name 0! Person Cam)
Fort Hood. TX 7054-1 All. 1300))(4), UCMJ
ORGANIMTION ADDRESS (Authomy To oams)
INITIALS OF PERSON MAKING 3 
PAGE 3 0- 1 PAGES
DA FORM 2823, NOV 2006 LC v7 

 

 

 

110

111

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

l. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30]
and IO U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions. if any. to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance of their of?cial duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal. state. or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity: c) To members of the US. Department of ustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 CPR. 505. and e) Limited information
may be made available. if needed. for Congressional or other Govemment Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article 3 . Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

 

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3l. UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

gal. 

Date Si gnaturc

Printed Name and Rank/Grade

AR 15-6 Investiiation (2 JUN 16 Vehicle Rollover) Witness Question List

1. Describe the condition of the creek at the time of crossing (or when you ?rst saw it).

 

2. Are you aware of any roads or crossing sites being closed? If yes, how were you informed? Who else
did you notify?

3. Describe your understanding of road conditions reports and management by the Installation Ops
Center and/or Range Ops. If you are aware of the SOPs, how did you find out?

EXHIBIT ?1

112

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal. state. local, and foreign government law enforcement
agencies, prosecutors. courts. child protective services. victims. witnesses. the Department of Veterans Affairs. and
the Office of Personnel Management Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention,
placement, and other personnel actions.

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1 LOCATION 2. DATE 3. TIME 4. FILE NUMBER
34?, Ha 30,1, oc/o 

 

 

 

 

9' I. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
QI) Morninb LCCA Ver)? ?For 

I?ours. TINL PAIR ?Fl?l?'bIL, +0 TAO. +9wa

 

 

8. ORGANIZATION OR ADDRESS

 

we, Arrive) on ScancPLS anaI Hemff?l' ?n?ICf Pane) up +0 4n) I

SAIDI, 3?99 ?I?Itcf are no+ ?CI?I'sMkaj aLoa+ 

'Phq?I KPC. WAS MKJJ7
Was A44 

0F ?Hacrg wac raffaIS/mvcg In ?Hat 

+Iaq?I' proLxIst Skowmj 
Was mow'nj I/Cr?y Ike. when: ?I?Icg

creek Stew-up Wi?Jrf man/3:5 50 
+Iv\q+ I In?) 'I?Ixe. bah-fa.
A I03 wouIA am) Jown Ee?icorc f-I- (44.5 ?I'aken
ou?I' 01: 

10. EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT 3

 

PAGE 1 OF PAGES

 

 

 

 

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICATED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APD mes

 

 

 

113

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

 

STATEMENT OF AT 3 Cor-g DATED /0 Emu. 30/1?

9. STATEMENT (Continued)

an) As we. may! 504Pa$+ Ma?le marker 7 
W45 WC Pea/k, UL CQHJ 
our wh?? Skppor'l? (c l/ wac, 
?no? Id? "I?Incm Know +0 ?[41qu rotc'l'IS,

 

 

as) I Jo no.1, Know ?7H4c_ SOP ?For 

Follows- 

 

 

   

 

 

 

INITIALS OF PERSON NT I



 

i PAGE ?2 OF 3 PAGES

 

DA FORM 2823, NOV 2006 APZ) v1 C168

114

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SBUOGV Sim ?suleo 
01 Aq pazuouzne 8 ?am 810180 01 UJOMS pue paquosqns 

(zuawaieas bunny/y uosxod ;o omquIs)

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WOLLOS BHL OEWVUINI EAVH GNV SNOILOBHHOQ TN OBWVIJJNI BAVHI 3081 SI 3H1 SW A8

BGVW EHL :iO 3H1 K1103 NO SONB NO SNIOEQ HOIHM

LNEWELVLS SIHL 3w ovaa OVH 3AVH ao ovaa BAVH 'l
wwou

 
 

 

   

'6

4/08 0/ v? 2.107 2 iv JO Lqualx/Ls

 

 

 

 

PRIVACY ACT STATEMENT
(5 U.S.C. 5223)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30l
and 10 U.S.C. ?3013.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance of their of?cial duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity; c) To members of the US. Department of Justice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552, consistent with 32 C.F.R. 505. and e) Limited information
may be made available, if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal infom,a_tio_n is mandatory, subject to the limitations of Article Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal

Regulations.

 

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
i?h Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social securig account number, where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privac Act
its contents.

NM 90 ?a

Date

ent above and understand

  

 

 

Printed Name and Rank/Grade

116

AR 15-6 lnvestiiation '2 JUN 16 Vehicle Rollover) Witness Question List

Le. Was there any indication the Soldier in question (PVT James, 556 Colon, CDR Winey) had a lack of
sleep that would have affected their ability to perform or make sound decisions?

2.a. What was Time plan for 2 JUN, what did the platoon/company have planned for the
remainder of the day, and were any other leaders supposed to be on the patrol?

2.c. On ZJUN, what leaders external to the patrol checked/ rehearsed/ approved of the patrol's
readiness?

2.d. Was the patrol aware of the closed roads, creeks and crossings, and how did you find out? Why
were Soldiers late? What discussions happened about risks when Soldiers showed up late and the unit
late?

2.e. What precautions did the patrol take to mitigate the risks of the ?ooding, who gave the patrol brief
and safety brief before SP, what was discussed?

2.e.1 What actions did the patrol take to mitigate the weather?

2.e.2 Explain your understanding of the text sent during the patrol to change lead vehicles? (Who sent
it? Who received it? What pace did the patrol take after the change in lead vehicle? Where did it occur
along the route?)

2.f. Who made the decision to cross at Owl Creek? Why didn?t the patrol use the hardball bridge?

3.a. What was the effects of the rain and water on the route? What did the crossing point look like as
the patrol approached?

3.b. What was visibility like? Describe the ?other stream? the patrol crossed? Was it actually water
moving across the route? How high?

3.c. What warnings did leadership receive prior to the mission? Who was noti?ed? What is the decision
authority SOP for movement on AMBER and RED routes?

4.d. What planning and did you do before Why did you depart without tactical commo?
How often does that happen?

4.e. Describe the rehearsals your patrol conducted pre-SP.
S.a. What is the Fort Hood SOP for ?ooding and crossing water sites? How did you learn the 

5.b. How are water crossing sites marked?

EXHIBIT - 1

117

 

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal. state. local. and foreign government law enforcement
agencies, prosecutors. courts. child protective services. victims, witnesses. the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement. and other personnel actions.

 

 

 

 

 

 

DISCLOSURE: Disclosure of your SSN and other infonnation is voluntary.
1. LOCATION 2. DATE 3. TIME, 4. FILE NUMBER
Fort Hood, Texas 76544 9?0 06 i 0 9?WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

I65 {Mire} m. Id

ILAI (Vote)? I1
0'9 {If?f?

.AA (A1 

. - 
r) SUI IIo-t( henna) mu; b? Cdl?vo/ Lee-Q 

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56W . .
. helm/r ,u Ibla?rf fie

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CIm'Lucj Ody Ina?) age We mule-Ir
I (043 Lee? 1" LJCK3

I (T 
IIAQK (MAINS 50 

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co 3- I I
News Inc ?w 1 veils) at LJib New. (art 1; Mk;
(.qu AOL?Imach badt?10. EXHIBIT 11. INITIALS KING STATEMENT
PAGE 1 OF 3 PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

 

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICATED.

DA 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APO LC 

 

 

 

118

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

STATEMENT OF - TAKEN AT 906? gm; DATED )waal?

 

 

 

9. STATEMENT (Continued)
wc 5 

MAC f0 (6*n0/C. UNML) ?Tn?u?q (Mk) 


0*r1cK. Tb ?5 (mt M??dlm Ck?kh?'?

9e. 05ka? ?ruok ?pvt {11+ 1 (?:4qu of.
OK 50319 bn a; 0M) 749V land. behuc kc

TR and in Take Gr egg)! on Dd roe-)5. I 
FM) DU.) M?hm?) (MAT: {km/L k535-

3Ql ?co we?dkv UM in 2 

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??15 5h0l\\?( lad-HE edesvb?m Trad \mTv 

out; c\q4\i)( 32mm 
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OM gm? Mow-Q) 3 1 MT KAN.) 

Hi b?dje wacd'
sq ?(mm We 0?an mm rotda ma wt racket) ?rLe hm ml.

mg up; skaMy 1k: ou\ crack we 

To ?f

3:33:33: 33:" 

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mow) ve014'?qu tough); rchnu slum.) 

no\
on Arab? of Ra) (owfq. Tu ?ecmm {0'0 ?0me

INITIALS OF PERSON MAKING
PAGE 2 OF '5 PAGES

DA FORM 2823, NOV2006

 

 

 

 

 

APO LC V101CS

119

 

STATEMENT OF TAKEN AT Fort Hood. TX 76544 DATED I )wu. ,JolL

9. STATEMENT (Continued)

 

I ?54% f?gn?, an?! bis-ON
?a mu? vekId-c we? mm. 55?? CoIon 70m" Cor ?#9!qu
cu) {Ida 10W f'nor I1, rollnj out LOIMMA Hm;
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DC km} bud Hw? qu bdo?.? am) vayvo (410? Sluun road-e 0? 

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We been we 

?Tu Scuba.
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U6 *0 rotl 0&1} keg
P013503



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Eb cum?? Wu Crumb, NW6)
0 .
?g?fkuj 

 



mum-ha?.

 

AFFIDAVIT


. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE 

. FULLY UNDERSTAND THE CONTENTS OF THEENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE OTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT NEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION. UNLAWFUL INF

  
     
 
   

WITNESSES: Subscribed and sworn to before me. a person authorized by law to

administeroaths, this lg day of June . 2016
1 

Fort Hood. Texas 76544

 

 

 

 

 

ORGANIZATION OR ADDRESS

(Typed Name of Person Administering Oath)
Fort Hood, Texas 76544 Art. I36(b)(4), UCMJ

ORGANIZATION OR ADDRESS

 

 

(Authority To Administer Oaths)

 

 

 

DA FORM 2823, NOV 2008

INITIALS OF PERSON MAKING STATE 
PAGE 3 OF '5 PAGES

 

 

 

APO LC v1 DIES

120

121

PRIVACY ACT STATEMENT
(5 use. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30l
and 10 U.S.C. 

2. PRICIPAL PURPOSES: 'l?o gather facts and make recommendations to assist the appropriate
authorities in determining which actions. ifany. to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members ofthe Department of Defense
who have a need for the information in the performance oftheir official duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal. state. or local law enforcement agencies ifthe record indicates a violation or potential
violation oflaw: b) To members ofthe US. Department oflustice when necessary in the defense of
litigation brought against the Department of Defense or against members ofthat department as a result of
actions taken in their official capacity: c) To members ofthe .S. Department ofJustice when necessary
for the further investigation of crintinal misconduct: d) Limited information may be made available to
third parties such as members ofthe public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 CPR. 505. and e) Limited inlormation
may be made available. if needed. for Congressional or other Government Investigations.

4. MANDATORY VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social securitv account numbers is voluntary.
Disclosure of other personal information is mandatory. subject to the limitations of Article Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. (?onstitution ("Fifth
Amendment"). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

 

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however. failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested. and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

 

d. For individuals warned oftheir rights under Article 31. UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3 l. or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy 0 
its contents.

0(le

Date

    

 

AR 15-6 Investiiation '2 JUN 16 Vehicle Rollover) Witness Question List

1.e. Was there any indication the Soldier in question (PVT James, 556 Colon, CDR Winey) had a lack of
sleep that would have affected their ability to perform or make sound decisions?

2.a. What was Time plan for 2 JUN, what did the platoon/company have planned for the
remainder of the day, and were any other leaders supposed to be on the patrol?

2.c. On 2JUN, what leaders external to the patrol checked/ rehearsed/ approved of the patrol?s
readiness?

2.d. Was the patrol aware of the closed roads, creeks and crossings, and how did you find out? Why
were Soldiers late? What discussions happened about risks when Soldiers showed up late and the unit
late?

2.e. What precautions did the patrol take to mitigate the risks of the flooding, who gave the patrol brief
and safety brief before SP, what was discussed?

2.e.1 What actions did the patrol take to mitigate the weather?

2.e.2 Explain your understanding of the text sent during the patrol to change lead vehicles? (Who sent
it? Who received it? What pace did the patrol take after the change in lead vehicle? Where did it occur
along the route?)

2.f. Who made the decision to cross at Owl Creek? Why didn?t the patrol use the hardball bridge?

3.3. What was the effects of the rain and water on the route? What did the crossing point look like as
the patrol approached?

3.b. What was visibility like? Describe the ?other stream? the patrol crossed? Was it actually water
moving across the route? How high?

3.c. What warnings did leadership receive prior to the mission? Who was notified? What is the decision
authority SOP for movement on AMBER and RED routes?

4.d. What planning and did you do before Why did you depart without tactical commo?
How often does that happen?

4.e. Describe the rehearsals your patrol conducted pre-SP.
S.a. What is the Fort Hood SOP for flooding and crossing water sites? How did you learn the 

5.b. How are water crossing sites marked?

EXHIBIT 1

122

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: lnforrnation provided may be further disclosed to federal, state. local. and foreign government law enforcement
agencies, prosecutors, courts. child protective services. victims, witnesses. the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment, other administrative disciplinary actions. security clearances. recruitment. retention.
placement, and other personnel actions.

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood, Texas 76544 20 I6 001?! ?1:39;

 

 

 

6. SSN

 
 

 

 

 

 

8. ORGANIZATION OR ADDRESS


l, . WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

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MIL "d 



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am emu WU Wt, .?(SIG Wk IMIACJK I Cob KLECK

 

 

10. EXHIBIT 11. INITIALS KING STATEMENT
PAGE 1 OF 3) PAGES

ADDITIONAL PAGES MUST CONTAIN THE "3 TA TEMENT TAKEN AT DA TED 

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICATED.

DA FORM 2823, Nov 2006 PREVIOUS EDITIONS ARE OBSOLETE APD LC 

 

 

 

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STATEMENT AT I?ort Hood. TX 76544 DATED 20 

9. STATEMENT (Continued)

Q1 HDV HIGH woj Wm?tl 0N FMV IT TD THE (am?
0?5 V315 6R Lut \wx?w

 

Q: THQ 0F TPQ PNONG MIL Ib/ Nob MVYU SSQ Cow?)
g?om ?6 59% TM 75*: To C600 

?1 ML hum) weak 

(we {we (QUAL (39 

?on 

  
 

 

FFIDAVIT

I, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

WHICH BEGINS ON PAGE 1.AND ENDS ON PAGE 3 FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT, I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFL

 
  
 
 
   

WITNESSES:

Subscribed and sworn to before me. a person authorized by law to

administer oaths. this 1H day of June . 20 I76
at Fort Hood. 'I'cxus 76544

Fort Hood. Texas 76544
ORGANIZATION OR ADDRESS

 

 

 

 

 

Typed Name bi Person Administering Oath)
Art. I UCMJ
(Authority To Administer Oaths)

Fort Hood. Texas 76544
ORGANIZATION OR ADDRESS

INITIALS OF PERSON MAKING STATEMENT

DA FORM 2823, NOV 2006

A90 IC v1 DIES

 

 

 

125

126

PRIVACY ACT STATEMENT
(5 522a)

l. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 301
and 10 U.S.C. ?30l3.

2. PRICIPAL PURPOSES: 'l'o gather facts and make recommendations to assist the appropriate
authorities in determining which actions. ifany. to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members ofthe Department of Defense
who have a need for the information in the performance ofthcir official duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal. state. or local law enforcement agencies ifthe record indicates a violation or potential
violation of law: b) To members of the .S. Department ofJustice when necessary in the defense of
litigation brought against the Department of Defense. or against members of that department as a result of
actions taken in their official capacity; c) To members of the US. Department ofJustice when necessary
for the further investigation oferiminal misconduct; d) Limited information may be made available to
third parties such as members ofthe public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 ?552. consistent with 32 CPR. 505. and e) Limited information
may be made available. if needed. for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory. subject to the limitations of Article 31. Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment"). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

 

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary: however. failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested. and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article UCMJ or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy ofthe Privacy Act Statement above and understand
its contents.

gamma 

Date

 

 

AR 15-6 Investiiation (2 JUN 16 Vehicle Rollover) Witness Question List

1.e. Was there any indication the Soldier in question (PVT James, 556 Colon, CDR Winey) had a lack of
sleep that would have affected their ability to perform or make sound decisions?

2.a. What was Time plan for 2 JUN, what did the platoon/company have planned for the
remainder of the day, and were any other leaders supposed to be on the patrol?

2.c. 0n 2JUN, what leaders external to the patrol checked/ rehearsed/ approved of the patrol?s
readiness?

2.d. Was the patrol aware of the closed roads, creeks and crossings, and how did you find out? Why
were Soldiers late? What discussions happened about risks when Soldiers showed up late and the unit
late?

2.e. What precautions did the patrol take to mitigate the risks of the flooding, who gave the patrol brief
and safety brief before SP, what was discussed?

2.e.1 What actions did the patrol take to mitigate the weather?

2.e.2 Explain your understanding of the text sent during the patrol to change lead vehicles? (Who sent
it? Who received it? What pace did the patrol take after the change in lead vehicle? Where did it occur
along the route?)

2.f. Who made the decision to cross at Owl Creek? Why didn?t the patrol use the hardball bridge?

3.a. What was the effects of the rain and water on the route? What did the crossing point look like as
the patrol approached?

3.b. What was visibility like? Describe the ?other stream? the patrol crossed? Was it actually water
moving across the route? How high?

3.c. What warnings did leadership receive prior to the mission? Who was notified? What is the decision
authority SOP for movement on AMBER and RED routes?

4.d. What planning and did you do before Why did you depart without tactical commo?
How often does that happen?

4.e. Describe the rehearsals your patrol conducted pre-SP.
5.a. What is the Fort Hood SOP for flooding and crossing water sites? How did you learn the 

5.b. How are water crossing sites marked?

6)

EXHIBIT a - 1

127

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT

AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal, state. local, and foreign government law enforcement
agencies. prosecutors. courts. child protective services, victims. witnesses. the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement. and other personnel actions.

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood. Texas 76544 2010 0; to 3 0 

 

 

 

   

 

. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

 

 

 

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(iam?w/ flan 00$ ?I'o MW 90 mar Km.)
icwo? 
QD NC) 002, dab Ware, Mm?olawg (Jere, [Mfg/duck
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UVWI Cull 73176 05 63min

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3E. V?t CIMC It!? AIM 0&5 My

?your
10. EXHIBIT 11. INITIALS KING STATEMENT 
67 PAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "3 TA TEMEN OF TAKEN AT DA TED

 

   

 

 

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICATED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APD LC vi ciEs

 

 

 

128

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

 

STATEMENT OF. TAKEN AT ML DATED 

9. STATEMENT (Continued)

3C 3.390 00? NW

49 PM Pea/mg um 6m- 6m 
Ila/3? UTMVC ?36 T90, 64% W01 ?den? Egret-(IL, Wcrgo @604
Wayne Uaoon MSW ?0.06 14mm

LIL. N9 were, GAIIWIIQ

Sam 90M KW

5k 11% mm



 

 

 

 

   

 

 

 

 

 

 

 

INITIALS OF PERSON MAKING STATEMENT 
. PAGE OF 3 PAGES
DA FORM 2823, NOV zoos

APO LC 

129

 

STATEMENT OF

  

TAKEN AT 76544 DATED 

9. STATEMENT 

 

 

 

 

AFFIDAVIT

    

HAVE READ OR HAVE HAD READ TO ME STATEMENT

NDS ON PAGE 3 I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE

CONTAINING THE STATEMENT I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUENC

    
    

men!)

WITNESSES: Subscribed and sworn to before me. a person authorized by law to

administer oaths. this '9 day of .Iunc . 20 I 
at Hood. Texas 70_54_4_

 

 

Fort Hood IC\as 76544
ORGANIZATION OR ADDRESS

 

 

 

(Typed Name of Person Administering Oath)
Art. I36(b)(4). UCMJ
(Authority To Administer Oaths)

Fort Hood Texas 76544
ORGANIZATION OR ADDRESS

 

 

 

 

 

 

INITIALS or PERSON MAKING STATEMEN 
DA FORM 2823, NOV 2006

APD LC v? OIES

 

 

130

 

131

PRIVACY ACT STATEMENT
(s U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30l
and IQ U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance of their of?cial duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal. state, or local law enforcement agencies ifthe record indicates a violation or potential
violation of law; b) To members of the US. Department ofJustice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity; c) To members of the US. Department ofJustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 505. and e) Limited information
may be made available. if needed. for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article 3 I. Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution ("Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however. failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested. and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3 I, UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
I have read and been provided a copy of the Privacy Act Statement above and understand
its contents.



Date

 

AR 15-6 Investiiation (2 JUN 16 Vehicle Rollover) Witness Question List

1.e. Was there any indication the Soldier in question (PVT James, 556 Colon, CDR Winey) had a lack of
sleep that would have affected their ability to perform or make sound decisions?

2.d. Was the patrol aware of the closed roads, creeks and crossings, and how did you find out? Why
were Soldiers late? What discussions happened about risks when Soldiers showed up late and the unit
late?

2.e. What precautions did the patrol take to mitigate the risks of the flooding, who gave the patrol brief
and safety brief before SP, what was discussed?

2.e.1 What actions did the patrol take to mitigate the weather?

2.e.2 Explain your understanding of the text sent during the patrol to change lead vehicles? (Who sent
it? Who received it? What pace did the patrol take after the change in lead vehicle? Where did it occur
along the route?)

2.f. Who made the decision to cross at Owl Creek? Why didn?t the patrol use the hardball bridge?

3.a. What was the effects of the rain and water on the route? What did the crossing point look like as
the patrol approached?

3.b. What was visibility like? Describe the ?other stream" the patrol crossed? Was it actually water
moving across the route? How high?

3.c. What warnings did leadership receive prior to the mission? Who was noti?ed? What is the decision
authority SOP for movement on AMBER and RED routes?

4.d. What planning and did you do before Why did you depart without tactical commo?
How often does that happen?

1

132

 

SWORN STATEMENT
For use of this form. see AR 190-45. the proponent agency is PMG.

 

PRIVACY ACT STATEMENT

AUTHORITY: Title 10. USC Section 301: Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal, state. local. and foreign government law enforcement
agencies. prosecutors. courts. child protective services. victims. witnesses, the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement, and other personnel actions.

DISCLOSURE: Disclosure of your SSN and other information is voluntary.

1. LOCATION
Fort Hood. Texas 76544

 

2. DATE 3. TIME 4. FILE NUMBER

it oaL

 

 

 

 

 

 

  

 

9
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

1.slug
QUA- ldonu? know (I: "It ?aw ?Jam dead was ?of.
lick, ?de? Wain.) S0 ova: Wf?b I LI: 910+
ukm um, (.16.
Sm? colon 71.me bm?? bag? 
of) HA3 1min

1.1.2 ch ?6 ?mu; tug?kwb {whoa-er (mum? wage
1' p. 1 404?? 

3'0? I ml van, we+~ mum) low Wt? Romeo
3.b- visili'l? was we Kim.

I do M?r kM-v'

LL 4- I day.? with.) 

10. EXHIBIT 11. INITIALS OF PERSON MA TEMENT
9;

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

 

 

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT. AND PAGE NUMBER
MUST BE INDICATED.

 

 

 

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APO LC v1 mes

133

 

9. STATEMENT (Contmued)



It 

NW) (MOI was IT W6 TIM TIK 0mm 3mm oveumm,
(/49 UNTIL IT was 

[IN/bxime?h 5? 


31 NW le' 1394\ch 70 om).
I So

Nara/1M0) VQIIOWIS 115? 

 

AFFIDAVIT

I. . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

BEGINS ON PAGE 1. AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMENT.

 

  

on Making Statement)

   

WITNESSES: Subscribed and sworn before me. a person authorized by law to

admInIster oaths? this day of June . 20 
at Fort Hood. 'l?cxas 76544

Tcxas 76544
ORGANIZATION OR ADDRESS

(Typed Name of Person Administenng Oath)

I-?on Hood. 'I?cxas 76544 Art. 136(b)(4). UCMJ
ORGANIZATION OR ADDRESS (Authomy TomAdmI'nister Cams)

 

 

 

 

 

 

 

 

 

 

 

 

INITIALS OF PER NMA I STATEMENT

 

PAGE :1 OF PAGES

APD LC VI 0158

 

 

 

DA FORM 2823.

135

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

l. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30!
and IO U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance oftheir official duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members of the US. Department ofJustice when necessary in the defense of
litigation brought against the Department of Defense. or against members of that department as a result of
actions taken in their official capacity; c) To members of the US. Department ofJustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552, consistent with 32 CPR. 505, and e) Limited information
may be made available. if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article Uniform
Code ofMilitary Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Filth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested. and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth

'Amendment: Providing the information is voluntary. Your rights under Article UCMJ or

the Fi?h Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

20/60! It;

Date

 

 

  

 

ame an an :2 rra 

AR 15-6 lnvestiiation '2 JUN 16 Vehicle Rollover) Witness Question List

1.e. Was there any indication the Soldier in question (PVT James, 556 Colon, CDR Winey) had a lack of
sleep that would have affected their ability to perform or make sound decisions? 

2.d. Was the patrol aware of the closed roads, creeks and crossings, and how did you find out? Why
were Soldiers late? What discussions happened about risks when Soldiers showed up late and the unit
late?

2.e. What precautions did the patrol take to mitigate the risks of the flooding, who gave the patrol brief
and safety brief before SP, what was discussed?

2.e.1 What actions did the patrol take to mitigate the weather?

2.e.2 Explain your understanding of the text sent during the patrol to change lead vehicles? (Who sent
it? Who received it? What pace did the patrol take after the change in lead vehicle? Where did it occur
along the route?)

2.f. Who made the decision to cross at Owl Creek? Why didn?t the patrol use the hardball bridge?

3.a. What was the effects of the rain and water on the route? What did the crossing point look like as
the patrol approached?

3.b. What was visibility like? Describe the ?other stream? the patrol crossed? Was it actually water
moving across the route? How high?

3.c. What warnings did leadership receive prior to the mission? Who was noti?ed? What is the decision
authority SOP for movement on AMBER and RED routes?

4.d. What planning and did you do before Why did you depart without tactical commo?
How often does that happen?

EXHIBIT I - 1

136

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal. state. local. and foreign govemment law enforcement
agencies. prosecutors. courts. child protective services. victims. witnesses. the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement, and other personnel actions.

 

 

 

 

 
 

 

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood. Texas 76544 20/6 00? 1/ 

 

  

 

9.
WANT To MAKE THE FOLLOWING STATEMENT UNDER OATH:

it?llm was no twicoction the 5&de Qo?quri rues a tank.
OF Sleep Wt- mus, affected +hei'r 010:in to Pertorm
'2 or mam 601m 
dehC? Hal id not? Km? lire roads were ?10356 creek.
mm Illa! were IOTCJIOJSO not-
km the discussions Mode Wen Soldiers 

I LP lad-c.

29.7716 React-ions +0 mixhgodm mic of the. ?ood
I608 i a QF on under and {pins Sow. 3rd- 
(law the-grew bneP beFone, mo Jim we

I our ,ei/c pro (15 as Wu? weather at?.

.6. 1 I (10 hot Know the Maori; mun to ml?iicaat-c macaw.

I a do? MR to 
.6. TEQEICINQTQE I do nisr Know ?orw 0r Received 
Pod-(z) was our (L Stew 9am mf?cr -li

Cha?bn in Wed Vevucte.
-- .a55 
Knot-J Who Made okosim *0 Cr
gr. pod-(bl (MC) near 03?? In?

uJ\ 

(5?06? b? ((34

was CDC) (AM on run-g. mom, 2 Q0404
Cwsw?ul MW ?ow INSK.



 

10. EXHIBIT 11. INITIALS or PERSON STATEMENT
PAGE 1 OF 3 PAGES

 

 

 

 

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT. AND PAGE NUMBER
MUST BE TED.

 

 

 

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APO Lc v1 mes

137

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

mm? mm ?e/M/b

 

 

9. STATEMENT (Continued)

?'The Visibx?LHx? was nor CW 04- ?Mc?hc other Screams loom-I
Same, I do m+ Know was movmj aeross 
auto was mm ?1 PL 

ac, Imhm IIan In: war \W?mo (Yeah/9,6 paw 
Wsymaf was no? .I do nob know +he dec 
GT Monty 60.9 For mcwmem- on ambcr and ?ed rowm
1,20th b?pbf?b was mb?nb 50R. 3 fo?nm
mjk") F'rb ?y41n r5 ?r aid KIT V03 Tn W.)
jvs?M (K 3+

5 da? ?04. I do no+ I'Wsw am we
I Cb hci- Know how O?r?n




R: 

Q: MN ?bJ bssmeq wm? equetxm TM Pp?wM 600560
14:6 W6 SW 
9? I 00 00+ hnow wm?c? wag Mssm?o) ac Mtge,

SP


Tod 06561436 (mung/?64 Raw/60, ulna? v? 5W0
rY mt) Q1500 COVGMQ TM 7146 Allen?

I Recrwed Gun me on Rash Rood +05 Massey. mud?;
%?dmwo?e ?ame ?:11 aw CW mm goose? 4m,

?Ml/Mg 

 

 

 

 

INITIALS OF PERSON MAKING STATEMENT

 

 

PAGE 1. OF 1 PAGES

APD LC VLOIES

 

 

DA FORM 2323, NOV 2006

138

 

 

9. STATEMENT (Continued)

   

 

 

FIDAVIT

   
  

. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUENCE. OR NLAWFUL INDUCEMENT.

  

WITNESSES: Subscribed and sworn before me. a person authorized by law to
administer oaths. this [a day of June . 20 6

at Fort Hood. Texas 76544

 

Von Hood. Texas 76544
ORGANIZATION OR ADDRESS

 

 

 

(Typed Name of Pbrson Administering Oath)

Fort Hood, Texas 76544 Art. l36(b)(4), UCMJ
ORGANIZATION OR ADDRESS w-

 

(Authority To Administer Oaths)
TATEMENT 

PAGE 3_ or: PAGES

APD LC v? OIES

 

INITIALS OF PERSON

 
 
 

 

 

 

 

DA FORM 2823,

139

140

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30]
and I0 U.S.C. 

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members ofthe Department of Defense
who have a need for the information in the performance oftheir of?cial duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense. or against members of that department as a result of
actions taken in their official capacity; c) To members ofthe US. Department ot?Justice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members ofthe public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 C.F.R. 505, and 6) Limited information
may be made available. if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article 3 I . Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number, where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3l, UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
I have read and been provided a copy ofthe Privacy Act Statement above and understand
its contents.

Qolo Dept

Date

 

 

I?ln ame an an 

AR 15-6 Investiiation (2 JUN 16 Vehicle Rollover) Witness Question List

1.e. Was there any indication the Soldier in question (PVT James, 556 Colon, CDR Winey) had a lack of
sleep that would have affected their ability to perform or make sound decisions?

2.d. Was the patrol aware of the closed roads, creeks and crossings, and how did you find out? Why
were Soldiers late? What discussions happened about risks when Soldiers showed up late and the unit
late?

2.e. What precautions did the patrol take to mitigate the risks of the flooding, who gave the patrol brief
and safety brief before SP, what was discussed?

2.e.1 What actions did the patrol take to mitigate the weather?

2.e.2 Explain your understanding of the text sent during the patrol to change lead vehicles? (Who sent
it? Who received it? What pace did the patrol take after the change in lead vehicle? Where did it occur
along the route?)

2.f. Who made the decision to cross at Owl Creek? Why didn?t the patrol use the hardball bridge?

3.3. What was the effects of the rain and water on the route? What did the crossing point look like as
the patrol approached?

3.b. What was visibility like? Describe the ?other stream? the patrol crossed? Was it actually water
moving across the route? How high?

3.c. What warnings did leadership receive prior to the mission? Who was noti?ed? What is the decision
authority SOP for movement on AMBER and RED routes?

4.d. What planning and did you do before Why did you depart without tactical commo?
How often does that happen?

1

141

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT

AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to altow Army officials to maintain discipline.
law and order through investigation of complaints and Incidents.

ROUTINE USES: lnfonnation provided may be further disclosed to federal, state. local. and foreign government law enforcement
agencies, prosecutors, courts. child protective services. victims. witnesses, the Department of Veterans Affairs, and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment, other administrative disciplinary actions, security clearances. recruitment, retention.
placement, and other personnel actions.

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood. Texas 76544 0C0 HELL

 

 

 

6. SSN 7.

 

 

 

 

WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

 

lC- I don?? Vv?ww

2?4 D6 1?de was wks?r ML ro?vwrx soldier's were \wte 1 W5 DMCS Webde? We daxl ?(tom QM We \oczn \Mcw osocdt week before. It W) DIM). NCO the. 08mm kw; bran-hf ?ov\ he. was ?3o 
?out? 09 $0 (c\cv\ Neck Ni?.

M4 50? was 35mg be (dm?mlj duxl IOQFOFL
2.: 2 1 don?4 Vmew TL wusthe twat. mud/1A an

+ooIL awm?
37b TILL corrod- we? Wov?rnj 50* WW couldnl?i' how 1431+ Pro? My Viitu/

3c Ian's km?
?16 1 Aonki Koo?)

no) 

 

 

 

 

PAGE 1 OF ?2 PAGES

 

10. EXHIBIT 3 11. INITIALS OF PERSON MAKING STATEMENT

 

 

 

 

ADDITIONAL PAGES MUST CONTAIN THE HEADING ?8 TA TEMENT OF TAKEN AT DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT, AND PAGE NUMBER
MUST BE INDICATED.

 

 

 

DA FORM 2823, Nov 2006 PREVIOUS EDITIONS ARE OBSOLETE APD LC v1 mes

142

 

9. TATEMENT (Continued)

 

 

 

 

AFFIDAVIT

I. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1. AND ENDS ON PAGE 2 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLU

  

WITNESSES: Subscn'bed and sworn to before me. a person authorized by law to

 

 

 

 

administer oaths. this day of June 20m
at 515?. Hood. Texas 76544

Fon Hood. Texas 76544
ORGANIZATION OR ADDRESS

 

   

mInIs enng ath)

Fort Hood. Texas 76544 Art. I36(b)(4). UCMJ
ORGANIZATION OR ADDRESS

 

(Authority To Admmister Oaths)

 

 

INITIALS OF PERSON MAKING STATEMENT 
- PAGE 2 OF PAGES

APO LC V101ES

 

 

 

DA FORM 2823, NOV 2006

143

144

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

r. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 301
and 10 U.S.C. ?30 3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance of their of?cial duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation oflaw; b) To members ofthe US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense. or against members ofthat department as a result of
actions taken in their official capacity; c) To members ofthe US. Department of ustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members ofthe public pursuant to a request submitted under the Freedom of
lnforrnation Act pursuant to 5 U.S.C. ?552, consistent with 32 C.F.R. 505, and e) Limited information
may be made available. if needed. for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article 3 Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary: however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number, where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3 I, UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
I have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

    

{4.1m ECHO

Date

 

. rgnaturc

?rinted Name and Rank/Grade

AR 15-6 invest
BN TOC (RANK

 
 

iiation '2 JUN 16 Vehicle Rollover) Witness Question List
Name

   

2.c. Did the patrol notify anyone before 
2.d. Was the battalion aware of the closed roads, creeks and crossings?

3.c. was the battalion informed of the road, creek and water crossing closures, how was the unit
informed, how did you inform and confirm all subordinates were aware?

3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?

1

145

 

SWORN STATEMENT
For use of this form. see AR 19045; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; ED. 9397 Social Searrity Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army, and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: information provided may be further disclosed to federal, state. local, and foreign government law enforcement
agencies, prosecutors. courts. child protective services. victims. witnesses. the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. semrity clearances. recruitment. retention.
placement. and other personnel actions.

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood, Texas 76544 zenWANT TO MAKE THE FOLLOWING STATEMENT UNDER 

2.5. NO?ii?e PM not moi-1r Tine eta-acre ewe] be%'re_ 

Ne) EnactAC ?Ef?e (MM wagnc?i awareo? cg We $0393 rootieprecit?s 
.

3?6; No.) tune prt?adg ?at? (Wt-l was ?105i 16mm er} 0? We 
Lea?et deer-9M3, do ewes

303i. 3, Jc km?, .,

e: 
1r

 

 

?Nom in) in Bar 314:?? M1 Nv?f?vi can/*0 WW ??175
Gem as :00 use TN 

9;.er 95kt? .mt'dQQm $LLoch?vde 007* ?(?0ng
DSN phone . 3 how?; (\ch osea N- Moiomb

we? Nimtim Aw 
Ourvm?t vacrte ode/mien

A: Ne-

10. EXHIBIT 11. INITIALS 0F PER TATEMENT 
?4 PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "3 TA TEMENT OF DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT, AND PAGE NUMBER
MUST BE INDICA TED.

 

 

   

 

 

 

 

 

 

 

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE

APD LC v1 01ES

146

 

 

STATEMENT TAKEN AT Fon Hood. TX 76544 DATED la 201 e.

9. STATEMENT (Continued)

 

 

{db/$5 

 

 

 

  
 
 

 

AFFIDAVIT

. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
BEGINS ON PAGE 1. AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT 0F PUNISHMENT. AND WITHOUT COERCION, UNLAVIFUL INF

   

  
  

nt)
WITNESSES: Subscribed and swom to before me. a person authorized by law to
administer oaths. this '5 day of June . 20 I 6
at on Hood. Texas 76544

 

 

Fort Hood, Texas 76544
ORGANIZATION OR ADDRESS

 

   

Typed Name of Person Administering Oath)

Fort Hood. Texas 76544 Art. I36(b)(4), UCMJ
ORGANIZATION OR ADDRESS

 

(Authority To Administer Oaths)

 

INITIALS OF NG STATEMENT

  
  

PAGE OF 2/ PAGES

APO LC v1 DIES

 

 

 

DA FORM 2823, NOV 2006

147

148

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30 
and IO U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions. if any. to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members ofthe Department of Defense
who have a need for the information in the performance of their of?cial duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state. or local law enforcement agencies ifthe record indicates a violation or potential
violation of law; b) To members of the .S. Department ofJustice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity: c) To members ofthe US. Department of Justice when necessary
for the further investigation of criminal misconduct; (1) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 C.F.R. 505, and e) Limited information
may be made available. if needed. for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article 3 Uniform
Code ofMilitary Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 31. UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy ofthe Privacy Act Statement above and understand
its contents.



Date

 

 

AR 15-6 Investigation (2 JUN 16 Vehicle Rollover Witness Question List

BN TOC (RANK-lame 

2.c. Did the patrol notify anyone before 

 

2.d. Was the battalion aware of the closed roads, creeks and crossings?

3.c. Was the battalion informed of the road, creek and water crossing closures, how was the unit
informed, how did you inform and confirm all subordinates were aware?

3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?

EXHIBIT - 1

149

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT

AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; EC. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the us. Army, and to allow Army officials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disciosed to federal. state. local. and foreign government law enforcement
agencies. prosecutors, courts, child protective services. victims. witnesses. the Department of Veterans Affairs. and
the Office of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances, recruitment. retention.
placement. and other personnel actions.

 

 

 

 

 

DISCLOSURE: Disclosure of your SSN and other information is vquntary.

1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER

Fort Hood. Texas 76544 deH 15w 

8. RGANIZATION OR ADDRESS 

  

 

. WANT TO MAKE THE FOLLOWING STATEMENT UNDER 

so, No
362413?. No


A: -
jo?t/GM 

Net ?3 WMge-v ?3?de 5:05am WW I. 7

Q??ld??gvoxk (,va in: mg UAWMMIGSIM ?bv ,ou/ri/ZG of my cums) 

l0: \aM not alums,

10. EXHIBIT 11. INITIALS OF

 

My (wan??ri)

 

NG STATEMENT

  
  
 

PAGE 1 OF 1 PAGES

 

 

 

 

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICATED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APO LC v1 mes

 

 

 

150

 

STATEMENT OF

AKEN AT Fon Hood. TX 76544 DATED ILI JUN QOHQ

 

9. STATEMENT

{Mom TO 003 5 

AFFIDAVIT

 

 

I, . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1. AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFLUENCE UNL

  
 

WITNESSES: Subscn?bed and sworn to before me. a person authorized by law to

administer oaths. this ?4 day of June . 20?)
at Fort Hood. Texas 16544

Fon Hood. Texas 76544
ORGANIZATION OR ADDRESS

Fon Hood. Texas 76544
ORGANIZATION OR ADDRESS

 

 

 

(Typed Name of Person Administering Oath)
Art. l36(b)(4). UCMJ
(Authority To Administer Oaths)

INITIA MAKING STATEMENT

 

 

 

 

 

DA FORM 2823, NOV 2006 APD LC vI mes

151

152

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 301
and IQ U.S.C. ?30 3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance of their official duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity; c) To members of the US. Department of .l ustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 C.F.R. 505. and e) Limited information
may be made available, if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social seeuritLaccount numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article 3 I . Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution ("Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal infonnation not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number, where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3 I, UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
I have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

w/?m/Lz?

Date

 

Printed and Rank/Grade

AR 15-6 Investi ation (2 JUN 16 hi Question List
BN TOC (RANK Name 

2.c. Did the patrol notify anyone before 
2.d. Was the battalion aware of the closed roads, creeks and crossings?

3.c. Was the battalion informed of the road, creek and water crossing closures, how was the unit
informed, how did you inform and confirm all subordinates were aware?

3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?

EXHIBIT - 1

153

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG,

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951 EO. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal. state. local. and foreign government law enforcement
agencies. prosecutors. courts. child protective services. victims. witnesses. the Department of Veterans Affairs, and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement. and other persoan actions.

 

 

 

 

 

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TWE 4. FILE NUMBER
Fort Hood, Texas 76544 20, [3m 

 

i -

     
 

     

 

 



WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

 

 
 

1L1 NO

Zp? NO \?oxihk4but: rile BA MY limit A BVM
seem (gym/ow}.

A: Y5), 5M Mules ?VA?ks VIA \?xc?uc ?it?
be as Drv, (up) we. packs Jul.? at,? $.43.th Iublti,

 

10. EXHIBIT 11 SON MAKING STATEMENT

 

PAGE 1 OF 3 PAGES
ADDITIONAL PAGES MUST CONTAIN THE '5 TA TAKEN A DA TED

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE TATEMENT, AND PAGE NUMBER
MUST BE INDICA TED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APD LC 

 

 

 

154

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PL PROCEED 0 Fl PAGE OF THIS FORM.
72?
1% 51/4

 

 

 

gm? ?ag momwme/q 

9. STATEMENT (Continued)

@wa W5 3~rgFA ?lm My com/Lo um? saewowm?
A: FM Courts (SCPT ?J/o Tirhplenc Ak?"

 

- 7
8? AM 014fo MGVWA TD (1ng 59 HR To Show 
?rbk?rs udehUa, use. c?Pefsawd Puma

- 86 
Vlovlb um?f (Io/v) mvo (,ch 
?Pam 0? sm- 00$qu wen)?

Atkb

A A

 

 

- 

 

 

 

 

 

 

INITIALS OF PERSON MAKING STATEM 3
PAGE 2, OF PAGES

DA FORM 2823, NOV 2006 we LC was

 

 

155

 

 

   
 

 

STATEMENT OF

TAKEN AT Fon Hood. Tx 76544 DATED 20/ 6 66 
9. STATEMENT 

A

 

 

 

 
 
    

AFFIDAVIT
I, . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

VVHIC . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STA

TEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFL 

     
 
  
   
 
   

WITNESSES: Subscribed and sworn to before me. a per

8'
administer oaths. this day of Jun . 2016
at Fort H00d~ Texas 76544 ..

Fort Hood. Texas 76544 
ORGANIZATION OR ADDRESS

 

 

 

 

(Typed Name of Person Administering Oath)

Fort Hood, Texas 76544 Art. I36(b)(4), UCMJ
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)

INITIALS OF PERSON MAKING STATEM
PAGE 3 OF 3 PAGES
DA FORM 2823, NOV 2006

 

 

 

 

 

 

 

 

APD LC 

156

157

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 3m
and IQ U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, ifany, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the perfomtance of their official duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies ifthe record indicates a violation or potential
violation of law; b) To members ofthe US. Department ofJustice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their official capacity; c) To members ofthe US. Department oflustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552, consistent with 32 CPR. 505, and e) Limited information
may be made available. if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatonv. subject to the limitations of Article Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment"). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however. failure to disclose other personal infonnation not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested. and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

(I. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article UCMJ or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy ofthe Privacy Act Statement above and understand
its contents.

mm llo

Date

 

 

 

l?lnIC ame an an ma 6

AR 15- 6 Investi ation (2 JUN
PLT LDR Name

 

1W1:

2. a. What was Time plan for 2 JUN, and what did the platoon/company ve planned for the
remainder FA- in.

 

?mint?! ?le? TAX 119, Moon Cumin-e +10, Wm' ?whilz a) cfpinmnb
2.c. What' IS the company $0 for Time backbriefs? Whoc ecks the training and did anyone check

the patrol before it 
2.d. Was the platoon aware of the closed roads, creeks and crossings?
2.e. Describe your understanding of the patrol?s planning, preparations, and patrol brief?

3.c. How was the unit informed of the ?ash ?ood and road/crossing closures, who did you inform and
how did confirm all subordinates were aware?

3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?

4.d. Did the patrol conduct before SP, who checked/supervised, and what is the Company SOP
for tactical communications in the training areas?

4.e. Did the patrol conduct rehearsals and drills before SP, what is the platoon 

5.3. Explain your understanding of the Fort Hood severe weather and water crossing SOPs, as well as
how you ensure your leaders and Soldiers understand and comply with the SOP.

5.b. How are water crossing sites marked?

5.f. Explain the company driver training program and how Soldiers are licensed for equipment. Include
your understanding of $56 Colon?s certification as the CO Master Driver and PVTJames operation of a
M1083A1.

5.f.a. Explain your understanding of the online local hazard course, its topics, challenges your unit may
face accessing it, and if 556 Colon, CDR Winey and PVTJames reviewed the training.

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? Is this commonly understood? What decision
authorities/risk management levels apply to each? Who can approve movement under AMBER or RED
conditions?

12.a. Before the event what OPORD and planning did the patrol conduct?

1

158

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301: Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army, and to allow Army of?cials to maintain discipline,
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal. state. local, and foreign government law enforcement
agencies. prosecutors. courts. child protective services. victims. witnesses, the Department of Veterans Affairs. and
the Of?ce of Personnel Management. information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement. and other personnel actions.

 

 

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood, Texas 76544 Gotta Ob IH 

 

6. SSN 7. 

\nlr

 

    

 

 

 

. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

94.11! plan was to (ennui (We, m, to tie
\IIcinIh] 0? Th 01h platoon con?rmed tiv. twin: whilc, afoul
Soldiers Item no pluoon sweat bath ll? afPOIntn t) and i0
worlh on huh-3n Tb" 
all. Me, If) WW1 no 50p Tor Whitefimhcinta Tor gnu,
weev-I is briel?trl tin. neatly ruin; "9,19 I011 groom.
Th, ?10.th not CW Prior to g.

ad. Tia Moon we not ?we at anew roads. ueevsi'e ?059195
I wig not inibrmd a? on} (W95 by tie. (0W 

?0"3 Mi was Iumm a. wed. in We. are colon

96. tear! m, pm lame (In! to IN. Raining. 
pot IN, Fahd were (1?50 Jul, 9380!. A 
brie? web also maimed tho. 4.0, Prior in which I 5 

Que 

10. EXHIBIT 11. INITIAL KING STATEMENT 
PAGE 1 OF I PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT AT DA TED 

THE BOTTOM OF EA CH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBER
MUST BE TED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APO LC v1 ores

 

   
 

 

 

 

 

 

 

 

 

159

 

 

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED To FINAL PAGE OF THIS FORM.
STATEMENT OF TAKEN AT Eff TX DATED JUN 

 

9. STATEMENT (Continued)

3C. TM MIT W05 MI Im'h'dkj inVO?'Qd 00 an? ?06h or road

claw. we um Inform! 0: road cinema anr In, accident
Ind alren?xj wymd.

llo, . leader Jid cm for . wedsd no}
36 mm any mu Mini; flumed {Br ?u dug/dbl

LIA. MOI ?u paw ondw lump, We 5p, The (?newly
is n0 50? for Inc/Had Commune? in Huim'nj Meats,

LIQ- IN. pawl (Iu?d MI condo-LI reIcar?uI) Md drilIS Wm, 3P.
'5 no 50?.

no} ?we. 
6a. 6006. Hum mm saw onedewh we and ?19qu
. CW3 hu- owl Creek wab my mVuI.

drim'f) Training Drawn to 4; l4%? Noah a? Inmwton

{In} saw an about an, +0 and?. Inaudesm?
Ch?hmn fo?ion. a hands-on Porh'on wI?I?h Inge .

a. 6mm I?miI-?wm?on. Won did no? WW 
hen) dumer?? ?Trough Hohr bum oI? immhon. NT 5
owamn OI Ib. was mlnce. Jed as? receive
IN. proper (law?s Mai? and meilmwion w?h This made
pnor +0 

Spa, We. mu seen or had all IN 106thde My, 

bu tm?nm down no. dam, We mu Maud 09-H-
new swam a? Pod? Hood. 666 my?. CDT mm.
an NT Jul/j hue mar W6 o9 IrutnmJ emu.

 

INITIALS OF PERSON MAKING STATE

MEN
PAGE A OF :1 PAGES
DA FORM 2323, NOV2008

APO LC v1 01ES

 

 

 

 

 

 

 

160

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

 

 

 

 

9. STATEMENT (Continued)

(DIJ. I (Io i? 1? annual hub 5.
I (I0 ?mm 5%er between a. ?ip (leek. 3 ID 3539..?
and cued Crowcg. I do Ibsam W5 I6 
6? Fm Peed. ?"115 In all leach. Th mu! n16}

?ppm by IM BDE Commder.

I30. TIME was no OPOPID ?Moira mob undated
?rough MOVE.



W, NW5 W) Sm Hove A


CEMBMVIH TM . WW

Q, ??41107 7? 

5

556 calm mud a. 3% for NT Jane 1:21;?

I No, r? not common *0 waive m, 9:00de 

mm: Hon.

1 SITTING. iv A 
@334 $Lb?gw MULWIJC
pooPch/ ucc?o?ccn?

I 54?? WI drtuu?b Irwinivfajiue, We. be? WI 
Compoml. No. new HIM: on. NI Pmpelw IICEII .

QESMG 7? MET H050 low/610% You MIL MTIFIGO

0F 3vo oIl chm/:4 3m C(psum?

I Laue wu- ban named an? M1 road (may we (Joules,

do?? FONVW- ULWGNI TROWNA

 

 

 

 

 

 

INITIALS OF PERSON MAKING STATEMENT -
PAGE 5 OF 51 PAGES
DA FORM 2823, NOV 2006 APD LC VI was

161

 

 

 

   
 

STATEMENT OF TAKEN AT Fort Hood. TX 76544 DATED 
9. STATEMENT 


Tallow;

 

 

 

   

FFIDAVIT
I, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE I. AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALE ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE

CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUEN ENT.

 

 

  

   
  

 

~aking Statement)

WITNESSES: Subscribed and sworn to before me. a person authorized by law to

administer oaths. this [a day of June . 2016
- at Fon Hood. Texas 76544 

Fort Hood, Texas 76544

 

 

 

 

 

 

 

 

 

ORGANIZATION OR ADDRESS 
we ame of Person Administering Oath)

Fort Hood, Texas 76544 An. I36(b)(4), UCMJ

ORGANIZATION OR ADDRESS

(Authority To Administer Oaths)

 

 

 

 

 

 

 

 

 

INITIALS OF PERSON MAKING STATEMENT
PAGE Lt OF 5? PAGES
DA FORM 2823, NOV 2006 APO LC v1 .O1ES

162

163

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

l. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30l
and 10 U.S.C. 

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any. to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance oftheir official duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal. state. or local law enforcement agencies ifthe record indicates a violation or potential
violation oflaw; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense, or against members ofthat department as a result of
actions taken in their of?cial capacity; c) To members of the US. Department of Justice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 CPR. 505, and e) Limited information
may be made available. if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

21. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal infonnation is mandatory. subject to the limitations of Article 3 . Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution ("Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested, and
other personal infonnation is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3 I. UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

Date Sig
Printc! Name and Rank/Grade

 

AR 15-6 lnvestiiation (2 JUN 16 Vehicle Rollover) Witness Question List

2.a. What was SGT's Time plan for 2 JUN, and what did the platoon/company have planned for the
remainder of the day?

 

2.c. What is the company SOP for Time backbriefs? Who checks the training and did anyone check
the patrol before it 

2.d. Was the company aware of the closed roads, creeks and crossings?
3.c. If so, how was the unit informed, how did you inform and con?rm all subordinates were aware?
3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?

4.d. Did the patrol conduct before SP, who checked/supervised, and what is the Company SOP
for tactical communications in the training areas?

5.a. Explain your understanding of the Fort Hood severe weather and water crossing SOPs, as well as
how you ensure your leaders and Soldiers understand and comply with the SOP.

5.b. How are water crossing sites marked?

5.f. Explain the company driver training program and how Soldiers are licensed for equipment. Include
your understanding of SSG Colon?s certification as the CO Master Driver and PVT James operation of a
M1083A1.

5.f.a. Explain your understanding of the hazard its topics, challenges your unit may
face accessing it, and if SSG Colon, CDR Winey and PVTJames reviewed the training.

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? Is this commonly understood? What decision
authorities/risk management levels apply to each? Who can approve movement under AMBER or RED
conditions?

12.a. Before the event what OPORD and planning did the patrol conduct?

EXHIBITQ, 1

164

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army, and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal, state, local. and foreign government law enforcement
agencies. prosecutors. courts. child protective services. victims. witnesses, the Department of Veterans Affairs, and
the Office of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions, security clearances. recruitment. retention.
placement, and other personnel actions.

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood, Texas 76544 267 LAST NAME, FIRST NAME. MIDDLE NAME 6 7. US

    

 

 

 

 

. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

 

2f? 76.: gr;- 717/5 p/m/ 2, 49 I lad-v If ?my 7/1/47
mow: orfzwa? 742'

7A8 P/Ilaox/ ?/45 (y/yya 7 fr} (aw/.47
fr} 

54/2171 /;njz ,4 170K??v/fy/yd 7 1:9


?67f-?V Vf7?

sz
?5 ?5 ?VvA/i/b/ 79/7/0413

?If/ll? (ow/W177?)

.7/247 ,sw/ 515/ 

7 7/7 
j?/o 7C 56 
75? ?718/; We wt?! 

41/0 76! ,7 Me
Mt m: n?/toml/w

gu/l/ f/f
7 lrc? 3/1?

M?zy fem/4x96 

04/ 75,75 ,04/1 7171/60"' .0 7mmr77)? ?90 .
511?; 7174:: Amt/?ier, z; Inf

x221 x744?

fife 

1.4. (am/.Ay/ Mp Fr??
wt Ant 1% 78/5 7/16
7n?f4/fx/f 
WV 060,53.?

7/22 

z/r/?fri ?(tot/y

Mn:
15 m/ I (Jew/"d
A . ?fl't'fj/L. (/A/Avt/ ??15 . 
'7 ?1 0? 74,47 a/?v 0W 70 

 

TATEMENT

  
 
 

10. EXHIBIT 0 11. INITIALS OF 

 

 

PAGE 1 OF DI PAGES

 

 

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE TED.

 

y?doa'j?

 

 

DA FORM 2823, Nov 2006 PREVIOUS EDITIONS ARE OBSOLETE APO LC 

165

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

9. STATEMENT (Continued) 
2/ 7/ [Cl/div 47
I kid ?aze?w/ 7/417 

 

 

 

:rvc?
we'? (2/441/ I .,
7A5 (x/f/xoo?v?

7/76 ?f



17 
xvi/fl

3-(v ?tV?/Id fI// 

?r {61/ (xx/If

fr [7,4
Ken. I (- Il/
ox: [1

7A6 74/
r/u? [0/4/in 

my? im?a/ you/4? 
3.01: I uM?W/l/Zc? ?ll/7 70 7?6 (la/4 I

.n/rr (xx/(ed (/7le fA/7 

ff: Vva/zc ('a'ypy?lfc/ 

- 
f??'ffc'p/ 5?

19 ?0
Mia/t ,0 g? 74c? Maw?,

fl?f Fa/7 ?u/j 70.4 7 
?/a?fl?j

?04}

TM #6 WI (ye/,7

[/yaw/m who/1?17 (2/7 75? F7 we47/9ixz ?y
. pawn/7? f9?! 7} 7/747 ?7 fl/im/yf
-

De/d/rmwu? w? A??c??jcwc/ 1/4637 .47 he] 748,?;
?y wit/7' ?/2345 ?/25 
we 12? lane I, ?of/,5 Ira/?0?, 
x2e wax); r?
{Kc/6?

lr/ 7?

w?fc?h

If 75/1 0.4 f?c/ (01M ?ip 7? 

4/93! ?/fchf/I/lc?

. he ??rt'e'i?l?f

74/7 1/ 7 
134/ 

?((p/l/fx/yi All

f/I?r

K6 7 1:;sz
7 

INITIALS OF PERSON MAKING STATEMENT
- PAGE 1 OF LI PAGES
APD LC 

DA FORM 2823, NOV 2006

 

 

 

 

 

 

166

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

 

 

_m<STATEMENT (Continued)

?6 ,47?7
5?17; wmc?? ux r2 .
it?? fa? 
p/dav/ rzi 74? 

bile ?ea? M411 /6 (52/

A/fa w?ax/ 
w-fr/I po/c? 

7lIe7/I a [Quay {in 7



5/5 71? (Mu/v7 7??74?1?02? ?/Ma?nI/vz f5 aI/Msma p/ 756
6" .

7h??d/ A "rf?
54 77,4 MW M?fft?n J'Vc?xb, Mc?w fab/raw 7
I - ??f?ipg
7/7? 6M U?flrl?lz ??fyfp7 
716 5/0/51? 7 yum/G my f; {7
I've? 7/1/77? 
[la f/z [inn/207?.

lrrux/ ?f M/Jf/e?lt

wf// (6544//(7


I/?/xy 

. 7
7'44? ti {?re/v I
of 516 57/209 '1 an: Tll'fc

fr/?/f?17am
0 moi/I 79 715.7/241?? 5:01 4,41 77?: Am mr/ld 0,

Mei

ya 15/7 4 

73411:?? ?irt/e
t/wa?



I lax/6' V/V?aI/le 7A/4f The/Id wt? Aw 

[?y/156 in It?n?/te 1/ 1M 6704/ W596, fly/W,

[10/ ?zuzeva/ 7h? 
I /d ?04? 7/ 5.47 ?04th
. 414/7? f6 ?xVo' r/mr 7/9/64; ,4 hI7/g/L 
70 Vii/1'36 ,444/ wad/ ?ex/ax a/z/x?o/ fc/

55/198,4/9r lax/l f5

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if: Myf?a/l zrv?
my #7 74?
V/V?/i/l rm? ?c/Ma/z A7 ?val/l 


15?? wou/a/ 06 Md 6:2 6

INITIALS OF PERSON MAKING STATEMENT
PAGE 3 OF PAGES

DA FORM 2823, NOV 2006 APD LC 

 

 

 

 

 

 

 

167

 

STATEMENT OF TAKEN AT Fon Hood. TX 76544 DATED bf ha a I 6

9. STATEMENT (Continued)

 

IZ. 74c: ewe/pf (?Ad waa Aw y?aa W4 5. Jim,? 
57? 75 6' [a pm?a?d/ 7 A [raj/z-


/z7 51?7?6 7" 
fA/ We"

no/
Inc/z f/ ("55 
fa awn/Fe 7073' ,1 M4 tut/m?
ire/v 
WM ,o/ira/L 7a Tlue dxecv


. 4/ egec?arrcw 0" 
min/L Ta 75-? KIKTV



cm
DA TH
0? W5 WT Mp?j SWAG) PM
7,91!) I?ll/1? 6004/ f?lfoa/ fig I 
I :7 6792/.

756 

yr 76?! 

A: 74-27 ,4 

?5 fw??j?tra/ was 

- 6 I 
?Bic?IV/ftl?7 dF 55 ?f 534 (aw/V rho-567/67l.f

4,9/ 

75/1,, ?/47 5/5! 

 

 

 

[47 741,05 Fa farm
AFFIDAVIT

L1 . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

WHICH BEGINS ON PAGE ENDS ON PAGE '1 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMENT.

 

f)
WITNESSES: Subscribed and sworn to before me. a person authorized by law to

administer oaths. this I LI day of June . 20I6
-: at Fon Hood. Texas 76544

Fon Hood. Texas 76544 
ORGANIZATION OR ADDRESS

I I yped Name of Person Administering Oath)

Fon Hood. Texas 76544 Art. I36(b)(4), UCMJ
ORGANIZATION OR ADDRESS 

(Authority To Administer Oaths)

INITIALS OF PERSON MAKING STATEM .
PAGE ?4 OF ?4 PAGES

DA FORM 2823, NOV 2006

 

 

   

 

 

 

 

 

 

 

 

 

 

APD LC 

168

169

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30]
and IQ U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, ifany, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members ofthe Department of Defense
who have a need for the information in the performance of their official duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense. or against members of that department as a result of
actions taken in their of?cial capacity; c) To members ofthe US. Department ofJustice when necessary
for the further investigation ofcriminal misconduct; d) Limited information may be made available to
third parties such as members ofthe public pursuant to a request submitted under the Freedom of
lnformation Act pursuant to 5 U.S.C. ?552. consistent with 32 C.F.R. 505. and e) Limited information
may be made available, if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other {?rsonal information is mandatory, subject to the limitations of Article 3 I. Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

 

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number, where requested. and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3 I, UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

  

lb] some, 90/9

Date

 



 

AR 15-6 lnvestiiation '2 JUN 16 Vehicle Rollover) Witness Question List

2.a. What was Time plan for 2 JUN, and what did the platoon/company have planned for the
remainder of the day?

2.c. What is the company SOP for SGT's Time backbriefs? Who checks the training and did anyone check
the patrol before it 

2.d. Was the company aware of the closed roads, creeks and crossings?
3.c. If so, how was the unit informed, how did you inform and confirm all subordinates were aware?
3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?

4.d. Did the patrol conduct before SP, who checked/supervised, and what is the Company SOP
for tactical communications in the training areas?

5.a. Explain your understanding of the Fort Hood severe weather and water crossing SOPs, as well as
how you ensure your leaders and Soldiers understand and comply with the SOP.

5.b. How are water crossing sites marked?

5.f. Explain the company driver training program and how Soldiers are licensed for equipment. Include
your understanding of $56 Colon's certification as the CO Master Driver and PVT James operation of a
M1083A1.

5.f.a. Explain your understanding of the'Wmiits topics, challenges your unit may
face accessing it, and if 556 Colon, CDR Winey and PVT James reviewed the training.

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? Is this commonly understood? What decision
authorities/risk management levels apply to each? Who can approve movement under AMBER or RED
conditions?

12.a. Before the event what OPORD and planning did the patrol conduct?

EXHIBITL- 1

170

 

SWORN STATEMENT
For use of this form. see AR 190?45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301: Title 5. USC Section 2951; EC. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army officials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal. state, local. and foreign government law enforcement
agendas. prosecutors. courts. child protective services. victims. witnesses, the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment, retention,
placement. and other personnel actions.

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER

Fort Hood, Texas 76544 [0 \7 

. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
?We for? Mme an a 300' was com/OW
Jro (?eater *0 Cone-04% and 350?
694t?? 56?3 crime we were going +0 Cohdvt?k our

 

 

 

  
 

 

 

 

 

 

 

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0ck ?30- 9? were anye.
OLC 

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Ame, v?n 0c?.

 

10. EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT
PAGE 1 OF I PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE TED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APD LC v1 mes

 

 

 

171

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PLEASE PROCEED T0 FINAL PAGE OF THIS FORM.

Wm? ?we 96' 50

9. STATEMENT (Continued)

 

 

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mm MAKING STATEMENT
PAGE 1 OF 3 PAGES
DA 2006

I APD LC V1 0155

 

 

 

 

 

172

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

 

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9. STATEMENT (Continued)

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hut/ort; CMSC. 38(9 CDT mums?

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INITIALS OF PERS MAKING STATEMENT
mi OF A

DA FORM 2823, NOV 2008 APD Lc v1 01 as

 

173

 

 

   

STATEMENT OF AKENAT Fon Hood. TX 76544 DATED 3mm: 9351:1. IDMGS be (Imam 7359?;
oA/ NHL 3?48? WHO W0: SW)

was SWPOSQATO be ?he Qrwer Ame
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*Qme i3. -C'or +0 geuemg Sum? smokers,

 

 



AFFIDAVIT
I. . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
. ENDS ON PAGE I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BEN 
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INF

 

 

 

    
  

WITNESSES: Subscribed and sworn to before me. a person authorized by Iaw to

administer oaths. this day of June . 2016
a! Fort Hood- Texas 76544 

Fort Hood, Texas 76544

 

 

 

 

 

   

 

 

ORGANIZATION OR ADDRESS

(Typed Name of 0am)
F011 Hood, Texas 76544 An. l36(b)(4), UCMJ
ORGANIZATION OR ADDRESS

 

(Authority To Administer Oaths)

INITI MAKING STATEMENT
PAGE Lit OF PAGES
IDAF 006

APD LC v1 01ES

 

 

 

 

 

 

 

174

175

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

l. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30]
and IQ U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any. to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance of their official duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies ifthe record indicates a violation or potential
violation of law; b) To members ofthe US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense. or against members of that department as a result of
actions taken in their official capacity; c) To members of the US. Department of ustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552, consistent with 32 C.F.R. 505. and e) Limited information
may be made available, if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory. subject to the limitations ofArticle Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution ("Fifth
Amendment"). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number, where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article UCMJ or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

   

I4 

Date

   
    

Signature





AR 15-6 Investigation (2 JUN 16 Vehicle Rollover) Witness Question List
BN S3 (MAJ Name

 

2.c. How do the companies certify Time plans? Who checks the training and did anyone check the
patrol before it How does the battalion train and certify leaders (focus specifically on 

2.d. Was the battalion aware of the closed roads, creeks and crossings?

3.c. How was the unit informed of the ?ash flood and road/crossing closures, who did you inform and
how did confirm all subordinates were aware?

3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?
4.d. What is the Battalion SOP for tactical communications in the training areas?

5.a. Explain your understanding of the Fort Hood severe weather and water crossing SOPs, as well as
how you ensure your leaders and Soldiers understand and comply with the SOP.

5.b. How are water crossing sites marked?
S.f. Explain the battalion driver training program and how the battalion certifies master drivers.

5.f.a. Explain your understanding of the Fort Hood online local hazard course, its topics, challenges your
unit may face accessing it.

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? Is this commonly understood? What decision
authorities/risk management levels apply to each? Who can approve movement under AMBER or RED
conditions?

11. Was the emergency response sufficient by ?rst responders? What agencies responded? What
capabilities did they bring? Were the capabilities suf?cient and effective to save lives, prevent further
loss, control the scene, inform the and recover our Soldiers and gear?

12.b. Was mission command during the incident (immediate first response) sufficient?

12.c. Was mission command during the response sufficient?

EXHIBIT 3 -1

176

 

SWORN STATEMENT
For use of this form. see AR 19045; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army, and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: Information provided may be further disclosed to federal, state. local. and foreign government law enforcement
agencies. prosecutors. courts. child protective services. victims, witnesses. the Department of Veterans Affairs, and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement. and other personnel actions.

 

 

 

 

   
 
  

 

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.

1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fon Hood, Texas 76544 WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

Z.C. IF gar 
7" ?With?? For??5' Aka/45?. IF Mr: Lawn/i
3w mm at cm't-D 7114254315, 87", 1264?, ?wgi Flam
{ii/o? oi (7,441) 6/Zai/P ?wag UE DID Mar ?4464; Fax 557le 57?

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774:; -
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73.. $1 peanut, 7?I-u4r ?2561:, To 
a

DUE Misti/Jr, (Hair w?s yearn??
. - 

DUKWQ 002. Zt's'auZoe' Hemp?, w/ts F1000.)

2410615 (314.205 4,00 5(670165 IA) 936/402 Fro/J Fall .4 W?z?zp?
Ei/aui? M677 
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395? 499%! 0/050) #an THE 326106597, ?44411.

5-9 a/?llc? (/54 eM/ch. Arnas Porn/T, we web;
It.) 10C oPeQ?TIoms, TOO, 69.25?) Farm)
Tue? 14:57? 1:7 aux; 34mg Kev/9.2.3. VF Abfa 960?.? 74-h; V114

EMATEL ZN #3902712,? .
10. EXHIBIT 11. INITIALS ING STATEMENT

 

PAGE I OF ii PAGES

ADDITIONAL PAGES MUST CONTAIN THE TEMENT OF TAKEN AT DATED

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICATED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APD LC V101ES

 

 

 

177

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

STATEMENTOF #004) DATED and 
9. STATEMENT (Continued)
5,01. 7 Do NOT Ext/0d, 



 

 

 

0: ?2er

EH :4 PEJMAUEV 
Arr. ,uE-rs, Cc?u. 05' cowvzw?epbi

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0? was Page To 7%me st.

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0b ua?r u? Kama/5D red; ofs?r' 0F 
Cws'a) 6L cousin/S,

CQOQLWII, 1254750 "Kc
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it?ufca'g 520M 3,7,4, MD 412

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INITIAL CALI, Uu? r? 63 AMP 3,4) cm. 9:12:16 
(10074201. ?24,370 hora/61>.

INITIALS OF PERSON MAKING STATEMENT
PAGE 7, OF El PAGES
APD LC v1 0153

 

 

 

 

 

DA FORM 2823, NOV 2006

178

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

 

 

 

9. STATEMENT (Continued)
I2 c. 1 554?5 we: 50. 7'05 vat? 2(4 Rafa/2.7g 650;? mg
FWD u/J 7'14 3* l? (MD guilt/16M T5, 9 77M)

595,

 

 

AJOTHIMG 

 

   

 

 

 

INITIALS OF PERSON MAKIN
PAGE 3 OF PAGES

DA FORM 2823, NOV 2006

 

 

 

APD LC 

179

 

STATEMENT OF TAKEN AT Fon Hoo_d_. TX 76544 DATED I In

 

STATEMENT (Continued)

 

 

 

 

AFFIDAVIT


HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE . FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGF

CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLU

 
 
     

ignarure of Person Ma ement)
WITNESSES:

Subscribed and sworn to before me. a person authorized by law to
administer oaths. this 

day of June . 2016
at Fort Hood. Texas 76544

 

 

Fort Hood. Texas 76544
ORGANIZATION OR ADDRESS

 
 
  

mt IS enng Oath)

 

 

 

 

.. (Typed Name of Person Administering Oath)
Fort Hood: Texas 76544 Art. I36(b)(4). UCMJ
ORGANIZATION OR ADDRESS

(Authority To Administer Oaths)
INITIALS OF PERSON 

PAGE 9 OF PAGES
DA FORM 2823, NOV 2006

APD LC v1 DIES

  

 

 

 

 

 

 

180

181

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

l. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30l
and IO use. ?3013.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, ifany, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance oftheir of?cial duties. In addition. information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies ifthe record indicates a violation or potential
violation of law; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense, or against members ofthat department as a result of
actions taken in their of?cial capacity; c) To members of the US. Department ofJustice when necessary
for the further investigation of criminal misconduct: (1) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552, consistent with 32 CT.F.R. 505, and e) Limited information
may be made available, if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations ofArticle 3 l. Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however. failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number, where requested, and
other personal infonnation is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article UCMJ or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

 

/6

Date

 

AR 15-6 lnvestiiation '2 JUN 16 Vehicle Rollover) Witness Question List

2.c. How do the companies certify Time plans? Who checks the training and did anyone check the
patrol before it How does the battalion train and certify leaders (focus speci?cally on 

2.d. Was the battalion aware of the closed roads, creeks and crossings?

3.c. How was the unit informed of the ?ash flood and road/crossing closures, who did you inform and
how did con?rm all subordinates were aware?

3.d. Did any leader update the CRM for the day? Did you cancel any other training (what events, why)?
4.d. What is the Battalion SOP for tactical communications in the training areas?

S.a. Explain your understanding of the Fort Hood severe weather and water crossing SOPs, as well as
how you ensure your leaders and Soldiers understand and comply with the SOP.

5.b. How are water crossing sites marked?
5.f. Explain the battalion driver training program and how the battalion certifies master drivers.

5.f.a. Explain your understanding of the Fort Hood?onllne local hazard course?tlts topics, challenges your
unit may face accessing it.

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? Is this commonly understood? What decision
authorities/risk management levels apply to each? Who can approve movement under AMBER or RED
conditions?

11. Was the emergency response sufficient by first responders? What agencies responded? What
capabilities did they bring? Were the capabilities sufficient and effective to save lives, prevent further
loss, control the scene, inform the and recover our Soldiers and gear?

12.b. Was mission command during the incident (immediate first response) sufficient?

12.c. Was mission command during the response sufficient?

EXHIBIT -1

182

 

SWORN STATEMENT
For use of this form, see AR 190?45; the proponent agency is PMG.

 

PRIVACY ACT STATEHENT
AUTHORITY: Title 10. USC Section 301; Title 5. USC Section 2951; ED. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: information provided may be further disclosed to federal. state. local. and foreign government law enforcement
agendas, prosecutors, courts, child protective services. victims. witnesses. the Department of Veterans Affairs, and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention.
placement, and other personnel actions.

 

 

 

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.

1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood, Texas 76544 WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

ZC. 55:73 7:7? 0" afftc", 8A, 
IL. Pb.? Co/gfrr 50/5/77

cheek-S TfAi'N/nj MM 3M [MomL:?o 4w +1.4;ng
.vI? 8N. I J, Know (.140 Quake/ck 

Sp 0? 7L DUN {5 Sci/(-
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(L. cm ergaal p?H-rx, ma 5w 

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GI- +In? their) bI-Aer Brit)? ?New Cassia? were w.

STATEMENT
PAGE1 OF '2 PAGES

DA TED

    
 
 
 

 

 

1o. EXHIBIT 11. 

 

 

 

 

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEME

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE TED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APO LC 

 

 

 

183

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

STATEMENT OF TAKEN AT PH TX DATED H.

 

 

9. STATEMENT (Continued)
. 2&9de An ?5.461 Qan? BB6 1. DID No; 51". kl?rL-I? ALIA)

Ag I WAS A fag/M Viw ACLU 0.1-Tank/M} arm/kl?! 
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A/Hlm, ?Why; XE Twin/?n; A/u's Wan/I7 
Adam? 7470?: ?/Acg, @v?f/y camp/aka) 14f 
M, BA, [Afro issucg prexww?HJ
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Cm; MJriswl (aw, 7L3
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?43- fit/1 F?ff/C?r f5 ghmefJ g/(ovn; ?m5 writ
g? SF/fg? A5 20an7'mvaw 

Lets

 

 

 

 

INITIALS OF PERSON MAKING STATEM

 

 

 

ENT
PAGE 2. OF PAGES
DA FORM 2823, NOV2006 APD Lc 

184

 

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

9. STATEMENT (Continued) Ra?
5?
sq, LAM. AME) (who) 1% arms

SEWC ?tr?H?e-r am #44063 7?14: 
44)} IS EV ?/Vlrr?es?f. I Sa'su A ?rst

al?r??lc 
Zoe-J 00351775 me an?? A 
Q?stvt. Haggard M10 3mg: H?l?tf Ca $4,097 Do Na L-
I ce/JI7 6,1] 
SOP.
I Avu a Hm: on In? Lac?! Haw Com.

4L0 Low wRLu CfoSQI/zj [)fW/r QM
Crag?? [hm/5a am? gt Hy? 



ll. Iv/Hsl' were Wzi'w/y '1 have DeIdm?W 
0; W?a/J/c/s m~ #w Chm/07 AD 
Sam? 0?7? WW. 74:5 x; ?ag/WI M21 M4
Ecsf o? I Also {Idakb 4? Ari/Mm

?u?rJ eager/(S wart 4?02? SEW/Vilhu?f
AM "Hwif lc?Dt/Skf
Jr? 0?3? LJA/c/dlz. If] 5M9)

 

 

 

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?ew?/wav arr/W}? NJ 
7F0vn . Afmc/ci 

INITIALS or: PERSON MAKING STATEMENT .
. PAGE 3 OF PAGES

APD LC VI 0158

 

     

 

 

 

 

 

 

 

 

DA FORM 2823, NOV 2006

185

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

3+ TX

DATED JUN M,
9. STATEMENT (Continued)
(cmb um: mum TF 1, $4111 uu-Ior?
DES, Eoc An} alum! of (mmArJ_
Tm. a we'd vr 73"":0/5 i/v 
?H?n was 13v $4.249?, Em,? 5,171.? Maud-L5,

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VS th/LgI-Lg) 4 Mad/lg
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INITIALS OF PERSON MAKING STATEMENT

 

DA FORM 2823. NOV2006

 

 

PAGE ?4 OF PAGES

APD LC 

 

 

186

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

9. STATEMENT (Continued)

rag/c

IZoo



ADI)

INITIALS OF PERSON MAKING STATEMENT

5 OF 4 PAGES

DA FORM 2823, NOV 2006 APD LC v1 mes

 

 

   
 

STATEMENT OF TAKEN AT Fon Hood. TX 76544 DATED NJ 

9. STATEMENT 

[1:1]ch

 

 

 

 

  
 
  

 

AFFIDAVIT

HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

PAGE 1. AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY

THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUE

  

 
  
   

WITNESSES: me. a person authorized by law to

administer oaths. this 2 day of June . 
at Fort Hood. Texas 76544

 

 

 

Fort Hood, Texas 76544 
ORGANIZATION OR ADDRESS

 

   
 

 

    

 

 

(Typed Name of Person Administering Oath)
on Hood, Texas 76544

Art. l36(b)(4), UCMJ
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)

 

 

INITIALS OF PERSON MAKING 

 

 

 

 

 

 

PAGE OF I PAGES

APD LC v1 01ES

DA FORM 2823, NOV 2006

 

 

188

189

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30 
and It) U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in detemiining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance oftheir official duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies ifthe record indicates a violation or potential
violation of law; b) To members of the U.S. Department ofJustice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity; c) To members ofthe US. Department of Justice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 C.F.R. 505, and e) Limited information
may be made available. if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory, subject to the limitations of Article 3 Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution ("Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

0. For all other personnel: The disclosure of social security account number, where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 31, UCMJ or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

[awe

Date

 

AR 15-6 Investigation (2 JUN 16 Vehicle Rollover) Witness Question List
Range OPS Shift (RANK Name 

2.c. What type of communications are required to enter the training area/cross the ?light line,? and
how is it enforced?

2.d. What is your understanding of the road, crossing site and creek closures on 2 JUN, who did you
notify, and how is that enforced?

3.c. What is the decision authority SOP for movement on AMBER and RED routes?

3.cl. Why weren?t the closed crossings and routes blocked? How does Fort Hood manage closed
crossings and routes? Is it effective (or are crossing violations still happening?Crossing 11)?

Ba. What is the Fort Hood SOP for severe weather? What is the SOP for flooding and crossing water
sites? Is it sufficient? How are Soldiers and leaders briefed and certified they understand the 

5.b. How are water crossing sites marked? What is the difference between tactical crossings and
hardstand iow water crossing/bridges? Why aren?t they marked and controlled the same?

5.e. What is the number of crossing sites (by type) that are properly marked right now, and what is the
deficiency list of sites that need improvement?

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? Is this commonly understood?

7.a. Have there been any other injuries, fatalities or vehicle mishaps at the Owl Creek hardsta nd
crossing?

7.b. Have there been any other injuries, fatalities or vehicle mishaps at other tactical or hardstand low
water crossings, when, where?

7.c. What were the circumstances? Was it a result of operator decisions, failed systems or a
combination?

EXHIBIT - 1



190

 

SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301: Title 5, USC Section 2951; E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army. and to allow Army of?cials to maintain discipline.
law and order through investigation of wmplaints and Incidents.

ROUTINE USES: information provided may be further disclosed to federal. state. local. and foreign government law enforcement
agencies. prosecutors, courts. child protective services, victims. witnesses. the Department of Veterans Affairs. and
the Office of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other administrative disciplinary actions. security clearances. recruitment. retention,
placement. and other personnel actions.

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.
1. LOCATION 2. DATE 3. TIME 4. FILE NUMBER
Fort Hood, Texas 76544 WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

I

TO fp?tr Y?q aw/fjw/??T
f?vgq 15y PXDIOQ 6v R?a?io. 
fiver/r /5 5tleo>q?leji?? 711%
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07L ?4 from ?le/(D
ax?w?f?? I WI Mk 

Rv?b (3/er 
if; (it? #7 ?f/W?ax air f/e/J
MM) RM 774? WM, Hilf?r??
CAUQOI 7?12 354? AND 79M fAG/yg?yo/e/
FAA-HQ POAA WA5 ($105949 few TZQ
ow. ape/Awe tr Mega/wearer:

ROM) 4.5a H5,

 

  

 

 

  
 
 
 

 

 

 

 

 

 

10. EXHIBIT 11. INIT ING STATEMENT
3 PAGE 1 OF BE PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING AT DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT, AND PAGE NUMBER
MUST BE INDICA TED.

DA FORM 2823, NOV 2006 PREVIOUS ARE OBSOLETE mm ores

 

 

 

191

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
745.7177



9. STATEMENT (Continued)

Hmf?kv whee 
Foufes, R945- Tie, 2404i 
WWI A90 1,A/onewg,af 6/0 7%6? V0a7le-5,
?3'de ??39 (?we ?fe zone/7? ?#65 
71?? ?ve/J, too/2A.) 7%2 
7'0 XQA (S?quch/os? 74? MP1: 
03 TONS ??/vreus 7/9 ?0?95 
17/4 ?Jam?

av go {Amacu

 

 

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bl//0e ??vo/Q?c?s -
A7 LU??ft y? beJS/Algj 


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?fy 763va 62/4? ?(Or ?fS' 254/23;
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6/062 ?rhe MOM No?f C?oz/b uo

VJUHLINIL IoN/r )4 ?9.1 614-? 01.3
Khan) beb?c Wu obs? 7f

ND VF A19 A?ouf 754%
550?;

INITIALS OF PERSON MAKING STATEMENT a
PAGE 2 OF 2 PAGES
DA FORM 2823, NOV2006 APO LC v1 was

192

 

 

 

 

 

 

 

 

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

 

yq?, 
TAKEN AT?/f??o?l DATED Ag 3 /b

STATEMENT OF

 

 

 

 

9. smemem (Continued)
55'771C1Lmu1/ C(rurmagj Ave. 7497/ 
Vac/(21313 Ozzy/y Haw?) 573+me AH: 
All/c1395 F019 0U 
(pp/y.

MD

Vf?5. f?e 5/6009 AOQCJ M92405 Q/bfecg
A90

(W Mm 
76/} 

M9 ?re? W/tez/sz 77/47 50411-9
win, fie PDADs feel au?so,
,1 ff 10/95 Addcguc?femev/ .57 If/f?
f0 Grads aux/era fl?y 03/4,) 
?ew Law A ?m-es 5/4/00 dwcy?o erm.

it?? of 

 

 

 

 

 

 

 

INITIALS OF PERSON MAKING STATEMENT 4
PAGE 3 OF PAGES
DA FORM 2823, NOV 2006 APD LC 

193

 



 

  
 
 

STATEMENTO KEN AT Fon Hood. TX 76544 DATED /6

L.
9. STAT ENT

 

 
 
 

 

 
 
 

AFFIDAVIT

. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS PAGE 1, AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FRE

THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAVIFUL INFL

  

  
 

WITNESSES: ore me. a person aut orized by law to

administer oaths, this (?SF?day of June 20 6
- at Fort Hood. Texas 76544

Fort Hood, Texas 76544
ORGANIZATION OR ADDRESS

 

 

     

 

 

 

 

ame erson Administering Oath)
Art. 136(bx4). UCMJ
{Authority To Administer O?ths)

Fort Hood, Texas 76544
ORGANIZATION OR ADDRESS

 

INITIALS OF PERSON MAKING STATEMENT

 

 

 

 

 

PAGE ?7 OF 2 PAGES

 

DA FORM 2823, NOV 2006

 

APD LC 

195

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

l. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30l
and IQ U.S.C. ?30 3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions, if any, to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance oftheir of?cial duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members of the US. Department of Justice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity; c) To members of the .S. Department ofJustice when necessary
for the further investigation of criminal misconduct: d) Limited information may be made available to
third parties such as members of the public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552, consistent with 32 C.F.R. 505, and e) Limited information
may be made available, if needed, for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory. subject to the limitations of Article 3 . Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however, failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested, and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide infonnation about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 31. UCMJ or
the Fifth Amendment supersede this portion ofthe Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy ofthe Privacy Act Statement above and understand
its contents.



Date

    

Signature

 

Printed Name and Rank/Grade

AR 15-6 Investigation (2 JUN 16 Ve 

Range OPS Shift (RANK Name

2.c. What type of communications are required to enter the training area/cross the ?light line," and
how is it enforced?

2.d. What is your understanding of the road, crossing site and creek closures on 2 JUN, who did you
notify, and how is that enforced?

3.c. What is the decision authority SOP for movement on AMBER and RED routes?

3.d. Why weren?t the closed crossings and routes blocked? How does Fort Hood manage closed
crossings and routes? Is it effective (or are crossing violations still happening?Crossing 11)?

5.a. What is the Fort Hood SOP for severe weather? What is the SOP for ?ooding and crossing water
sites? Is it suf?cient? How are Soldiers and leaders briefed and certi?ed they understand the 

5.b. How are water crossing sites marked? What is the difference between tactical crossings and
hardstand low water crossing/ bridges? Why aren't they marked and controlled the same?

S.e. What is the number of crossing sites (by type) that are properly marked right now, and what is the
de?ciency list of sites that need improvement?

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? ls this commonly understood?

7.3. Have there been any other injuries, fatalities or vehicle mishaps at the Owl Creek hardstand
crossing?

7.b. Have there been any other injuries, fatalities or vehicle mishaps at other tactical or hardstand low
water crossings, when, where?

7.c. What were the circumstances? Was it a result of operator decisions, failed systems or a
combination?


EXHIBIT L- 1

196

 

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is PMG.

 

PRIVACY ACT STATEMENT
AUTHORITY: Title 10. USC Section 301: Title 5. USC Section 2951: E0. 9397 Social Security Number (SSN).

PRINCIPAL PURPOSE: To document potential criminal activity involving the US. Army, and to allow Army officials to maintain discipline.
law and order through investigation of complaints and incidents.

ROUTINE USES: information provided may be further disclosed to federal. state. local. and foreign government law enforcement
agencies. prosecutors. courts. child protective services, victims. witnesses. the Department of Veterans Affairs. and
the Of?ce of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishment. other adm?mistrative disciplinary actions. security clearances. recruitment. retention.
placement. and other personnel actions.

 

 

 

 

 

 

 

DISCLOSURE: Disclosure of your SSN and other information is voluntary.

1. LOCATION 2. DATE 3. TIME 4. NUMBER
Fort Hood, Texas 76544 ag/S 0845

WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Mar] /0 Fw? 0c? 

97?? c/aeex ?960': nap/9' /7a&r7
AM FM ?lm/p, (ff/L?Fp/gcg ?aw/7* 4?
3c, a/Mrro 0F 60M/i/An2?,

30% 77/57 aye/w tweak ?/cm awr- Vt
was

5/4. 

58. GRiZ?S/?r?us- yam ?gear.
52*" 530?. Chiccx --3.

?50: azaggp. [45/3 TE: sz//?3 

rm. w.

'76, 95:5, 

vac/054497014 deaf/0205, Ci/fp?h/u (9F (ommnM/?,

 

my 779/rv? 

10. 11. mm ING STATEMENT

ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF TAKEN AT DA TED

 

 

 

 

 

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICA TED.

DA FORM 2823, NOV 2006 PREVIOUS EDITIONS ARE OBSOLETE APO LC v1.01es

 

 

 

197

 
 

 

STATEMENT OF

 
  

EN AT Fort Hood. 76544 DATED 5 {7700' 
. 

 

 

AFFIDAVIT
l.

HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
BEGINS ON PAGE 1. AND ENDS ON PAGE 8 . FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL IN

  
 
   

gna ure 0 erson Making Statement)
WITNESSES:

Subscribed and sworn to before me, a person authorized by law to
administer oaths, [his day of June . 20 I 6
- at Fort Hood. Texas 76544

Fort Hood, Texas 76544
ORGANIZATION OR ADDRESS

 

 
    

   
   

 

 

 

 

 

 

Name of Person Administering Oath)
Fort Hood, Texas 76544 An. l36(b)(4), UCMJ
ORGANIZATION OR ADDRESS (Authority To Administer 0mg)
INITIALS OF PERSON MAKING STATEMENT

 

 

 

DA FORM 2823, NOV 2006

APD lC 

 

 

 

198

199

PRIVACY ACT STATEMENT
(5 U.S.C. 522a)

I. AUTHORITY FOR THE COLLECTION OF PERSONAL INFORMATION: 5 U.S.C. 30 
and IO U.S.C. ?30l3.

2. PRICIPAL PURPOSES: To gather facts and make recommendations to assist the appropriate
authorities in determining which actions. if any. to take with regard to the allegations:

 

3. ROUTINE USES: Information provided is disclosable to members of the Department of Defense
who have a need for the information in the performance oftheir official duties. In addition, information
may be disclosed to government agencies and persons outside the Department of Defense as follows: a)
To federal, state, or local law enforcement agencies if the record indicates a violation or potential
violation of law; b) To members ofthe US. Department OfJustice when necessary in the defense of
litigation brought against the Department of Defense, or against members of that department as a result of
actions taken in their of?cial capacity; c) To members ofthe .S. Department OfJustice when necessary
for the further investigation of criminal misconduct; d) Limited information may be made available to
third parties such as members ofthe public pursuant to a request submitted under the Freedom of
Information Act pursuant to 5 U.S.C. ?552. consistent with 32 CPR. 505. and e) Limited information
may be made available, if needed. for Congressional or other Government Investigations.

4. MANDATORY OR VOLUNTARY DISCLOSURE: THE EFFECT OF NOT PROVIDING
INFORMATION:

a. For Military Personnel: The disclosure of social security account numbers is voluntary.
Disclosure of other personal information is mandatory. subject to the limitations of Article 31, Uniform
Code of Military Justice (UCMJ) and the Fifth Amendment to the US. Constitution (?Fifth
Amendment?). Failure to provide mandatory disclosure information may subject you to
disciplinary or other adverse action under the UCMJ or applicable Army or other Federal
Regulations.

b. For Department of Defense Civilian Employees: The disclosure of social security account
numbers is voluntary; however. failure to disclose other personal information not protected under the
Fifth Amendment to the US. Constitution in relation to your position or responsibilities may subject you
to adverse personnel action.

c. For all other personnel: The disclosure of social security account number. where requested. and
other personal information is voluntary and no adverse action can be taken against you for refusing to
provide information about yourself.

d. For individuals warned of their rights under Article 31, UCMJ or the Fifth
Amendment: Providing the information is voluntary. Your rights under Article 3 I, UCMJ or
the Fifth Amendment supersede this portion of the Privacy Act Statement.

ACKNOWLEDGMENT
have read and been provided a copy of the Privacy Act Statement above and understand
its contents.

sz- 4?

Date

   
 

 

SIgnalurc

AR 15-6 Investigation 2 JUN 16 Vehicle Roll 5 Question List
Range OPS Shift (RAN me 

2.c. What type of communications are required to enter the training area/cross the "light line,? and
how is it enforced?

 

2.d. What is your understanding of the road, crossing site and creek closures on 2 JUN, who did you
notify, and how is that enforced?

3.c. What is the decision authority SOP for movement on AMBER and RED routes?

3.d. Why weren?t the closed crossings and routes blocked? How does Fort Hood manage closed
crossings and routes? Is it effective (or are crossing violations still happening?Crossing 11)?

Ba What is the Fort Hood SOP for severe weather? What is the SOP for ?ooding and crossing water
sites? Is it sufficient? How are Soldiers and leaders briefed and certi?ed they understand the 

S.b. How are water crossing sites marked? What is the difference between tactical crossings and
hardstand low water crossing/bridges? Why aren't they marked and controlled the same?

5.e. What is the number of crossing sites (by type) that are properly marked right now, and what is the
de?ciency list of sites that need improvement?

6.b. Does Range Control have a SOP for water crossings? Describe the difference between a 
creek, route and crossing? Is this commonly understood?

7.a. Have there been any other injuries, fatalities or vehicle mishaps at the Owl Creek hardstand
crossing?

7.b. Have there been any other injuries, fatalities or vehicle mishaps at other tactical or hardstand low
water crossings, when, where?

7.c. What were the circumstances? Was it a result of operator decisions, failed systems or a
combination?

- 1

200