CHARGE SHEET I. PERSONAL DATA 1. NAME OF ACCUSED Last. First. Middie initial} 2. SSN 3. GRADE OR RANK 4. PAY GRADE 5. UNIT OR ORGANIZATION 6. CURRENT SERVICE TROYER ON IS a. INITIAL DATE h. TERM DES SQUADR 12 Dec 03 INDEFINITE 7. PAY PER MONTH a. NATURE OF RESTRAINT OF 9. IMPOSED a. BASIC b. SENFOREIGN DUTY TOTAL ACCUSED 6,083.00 0.00 6,083.00 Mk II. CHARGES AND SPECIFICATIONS 1o. CHARGE: VIOLATION OF THE UCMJ. ARTICLE 92 SPECIFICATION: Speci?cation (Dereliction in the performance of duties through neglect resulting in death) In tha?. DESTROYER SQUADRON I5, Yokosuka. Japan. on active duty, who should have known of her duties as the Tactical Action Of?cer aboard USS FITZGERALD (DDG 62). at or near Sagami Wan. Honshu, Japan. on or about June 2017, was derelict in the performance of those duties in that she negligently failed to comply with the USS FITZGERALD (DDG 62) Commanding Officer's Standing Orders and Surface Ship Navigation Department Organization and Regulations Manual, as it was her duty to communicate with the Bridge \ital contact information and safe speed and maneuvering recommendations; enforce efficient principles in the Combat Information Center; and, support the Of?cer ofthe Deck, and that such dereliction of duty resulted in the death of Gunner?s Mate Seaman D.K.R., US. Navy; Yeoman Third Class Petty Officer S.A.D., US. Navy, Fire Controlman Second Class Petty Officer C.V.S. US Nat}, Personnel Specialist First Class Petty Officer X.A.M., US. Navy- Sonar Technician Surface Third Class Petty O?icerN.T.Il., US Navy. Gunner?s Mate Second Class Petty Officer N.H.. US. Navy, and Fire Controlman First Class Petty Of?cer G.L.R., US. Navy. Charge II: Violation ofthe Article 110 Speci?cation (Improper hazarding of vessel negligence) In that? DESTROYER SQUADRON 15, Yokosuka, Japan. on active duty. on or about 17 June 2017. while serving as the Tactical Action Of?cer ofthe USS FITZGERALD (DDG 62), operating near Sagami Wan, Honshu, Japan. did negligently hazard the said vessel by failing and neglecting to comply with the USS FITZGERALD (DDG 62) Commanding Of?cer's Standing Orders and to ensure her watch team follows proper watch standing principles in the USS FITZGERALD (DDG 62) Combat Information Center, as a result of which neglect the said USS FITZGERALD (DDG 62), at or about 0130 hours on the day aforesaid. collided with ACX vtith resultant damage to both vessels. SEE CONTINUATION SHEET PREFERRAL b. GRADE c. ORGANIZATION or Accussa E-7 NAVAL LEGAL SERVICE COMMAND a. DATE 201801 [5 1 1a. NAME OF ACCUSER itasr. First. Middle initial)l d. SIGNATURE OF ACCUSER AFFIDAVIT: Before me, the undersigned, authorized by law to administer oath in cases of this character, personally appeared the above named accuser this IS day of JANUARY 20l8 and signed the foregoing charges and speci?cations under oath that helshe is a person subject to the Uniform Code of Military Justice and that he/she either haSpersonal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowled and belief. CONSOLIDATED DISPOSITION AUTHORITY Typed Name of Of?cer Organization of Of?cer JUDGE ADVOCATE Grade Official Capacity to Administer Oath (See R. C. 307(b)_ must be commissioned of?cer) Si?nar?re ED FORM 458. PREVIOUS EDITION IS OBSOLETE. Adobe Professional 7.0 12. On 16 January 2018 the accused was informed of the charges against him/her and of the name(s) of the accuser(s) known to me (See R. CM. 308(a)). (See 308 ifnoti?cation cannot be made CONSOLIDATED DISPOSITION AUTHORITY Typed Name of immediate Commander Organization of imWer x4399! CAPT, JAGC USN Grade Sig ature N. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY 13. The sworn charges were received at /74{hours. 17 JANUARY 2018 at OFFICE OF NAVAL Desrgnanon of Command or REACTORS, WASHINGTON NAVY YARD, DC Officer ExerCIsmg Summary Court-Mama! Jurisdiction (See R. C. M. 403) I. F. CALDWELL, JR. CONSOLIDATED DISPOSITION AUTHORITY Typed Name of Officer Of?ciai Capacity of Of?cer Signing ADMIRAL V. REFERRAL: SERVICE OF CHARGES 14a. DE ?m OF COMMAND um VENING AUTHORITY PLACE DATE Referred for trial to the court-martial convened by . . subject to the following instructions By of Command or Order Typed Name of Of?cer Of?crai Capacity of Officer Signing Grade Signature 1 5. On . I [caused to be) served a copy hereof on (each of) the above named accused. Typed Name of Triai Counsel Grade or Rank of Tnai Counsei Signature FOOTNOTES: 1 - When an appropriate commander signs personaiiy, inapplicabie words are stricken. 2 - See R. CM. 601(9) concerning instructions if none so state DD FORM 458 (BACK). MAY 2000 DD FORM 458 CONTINUATION SHEET Charge Violation of the UCMJ, Article 134 Speci?cation (Homicide, negligent): In that? U.S. Navy, DESTROYER SQUADRON 15, Yokosuka, Japan, on active duty, did, aboard USS FITZGERALD (DDG 62), on or about 17 June 2017, unlawfully cause the death of Gunner?s Mate Seaman D.K.R., U.S. Navy; Yeoman Third Class Petty Of?cer S.A.D., U.S. Navy, Fire Controlman Second Class Petty Of?cer C.V.S, U.S. Navy, Personnel Specialist First Class Petty Of?cer X.A.M., U.S. Navy, Sonar Technician Surface Third Class Petty Of?cer N.T.H., U.S. Navy, Gunner?s Mate Second Class Petty Of?cer N.H., U.S. Navy, and Fire Controlman First Class Petty Of?cer G.L.R., U.S. Navy, by negligently failing to comply with the USS FITZGERALD (DDG 62) Commanding Of?cer's Standing Orders and to ensure her watch team follows proper watch standing principles in the USS FITZGERALD (DDG 62) Combat Information Center, as a result of which the said USS FITZGERALD collided with ACX and that said conduct was to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces.