CHARGE SHEET I. PERSONAL DATA 35:. First. Middle Initial) 2. SSN 3. GRADE OR RANK 4. PAY GRADE AN ZAT ON 6. CURRENT SERVICE a. INITIAL one I). TERM DESTROYER SQUADRON l5 7 SEP 94 INDEFINITE 7. PAY PER MONTH B. NATURE OF RESTRAINT OF 9. IMPOSED a. BASIC n. SENFOREIGN DUTY c. TOTAL ACCUSED 7,195.00 0.00 7,195-00 NM ll. CHARGES AND SPECIFICATIONS 10. CHARGE: VIOLATION OF THE UCMJ. ARTICLE 92 SPECIFICATION: Speci?cation (Dereliction in the performance ofdutics through neglect resulting in death): In that?, DESTROYER SQUADRON 15, YokosuI-Ia, Japan. on active duty. who should have known of his duties as the Surface Warfare Coordinator on board USS FITZGERALD (DDG 62}. on or about 17 June 201?, was derelict in the performance of those duties in that he negligently failed to comply with the USS FITZGERALD Commanding Of?cer?s Standing Orders. and to effectively supervise personnel on watch in the USS FITZGERALD Combat Information Center, as it was his duty to maintain surface contact situational awareness; prov idc ship Operational recommendations to the Tactical Action Of?cer and the Bridge; ensure proper practices were carried out; and, properly stand his assigned station. and that such dereliction Of duty resulted in the death of Gunner?s Mate Seaman D.K.R., U.S. Navy; Yeoman Third Class Petty Officer S.A.D U.S. Navy. Fire Controlman Second Class Petty Of?cer .V.S, U.S. Navy. Personnel Specialist First Class Petty Officer X.A.M., U.S. Navy. Sonar Technician Surface Third Class Petty Of?cer N.T.I-I.. 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. Charge ll: Violation of the UCMJ, Article I 10 Speci?cation (Improper hazarding of vessel negligence): In that? DESTROYER SQUADRON IS. Yokosuka, Japan. on active duty. on or about June 2017. while serving as the Surface Warfare Coordinator of the USS FITZGERALD (DDG 62). operating near Sagami Wan, I-Ionshu. Japan, did negligently hazard the said vessel by failing and neglecting to comply with the Commanding Of?cer's Standing Orders and to effectively supervise personnel on watch in the USS FITZGERALD (DDG 62) Combat Infomtation 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 with resultant damage to both vessels. SEE CONTINUATION SHEET Ill. PREFERRAL 1 ?Ia. NAME OF ACCUSER (Last. First. Middie Tamara b. GRADE c. ORGANIZATION OF ACCUSER E-7 NAVAL LEGAL SERVICE COMMAND a. SIGNATURE e. DATE 20180115 AFFIDAVIT: Before me. the undersigned. authorized by law tO administer oath in cases Of this character. personally appeared the above named accuser this 15 day Of JANUARY 2018 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 helshe either haspersonal knowledge of or has investigated the matters set forth therein and that the same are true tO the best Of hislher knowled CONSOLIDATED DISPOSITION AUTHORITY Typed Name of Of?cer Organization of Of?cer JUDGE ADVOCATE Grade Of?cial Capacity to Administer 0th {See R. C. M. 307(b)_ must be commissioned of?cer) Org/terms DD FORM 458, PREVIOUS EDITION IS OBSOLETE. Adobe ProtessionalFEI 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 ROM, 308(a)). (See R.C.M. 308 if notification cannot be made CONSOLIDATED DISPOSITION AUTHORITY Organization of Tam-redraw x5524 Typed Name of immediate Commander CAPT, JAGC USN Gr IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY 13. The sworn charges were received at 7ffhours, I7 JANUARY 2018 at OFFICE OF NAVAL DeSIynation of Command or REACTORS, WASHINGTON NAVY YARD, DC Of?cer Exercising Summary Court-Martial Jurisdiction (See CALDWELL, JR. CONSOLIDATED DISPOSITION AUTHORITY Typed Name of Of?cer Of?ciai Capacity of Of?cer Signing ADMIRAL V. REFERRAL: SERVICE OF CHARGES '3 ONVENING AUTHORITY b. PLACE c. DATE Referred for trial to the court-martial convened by . . subject to the following instructions: 2 By of Command or Order Typed Name of Of?cer Official Capacity of Of?cer Signing Grade Signature 5 . 0n . I (caused to be) served a copy hereof on (each of) the above named accused. Typed Name of Trial Counsel Grade or Rank of Triai Counsei Signature FOOTNOTES: 1 - When an appropriate commander signs personaiiy, inappiicabie words are stricken 2 - See R. C.M. 601(9) concerning instructions. if none, so stare. DD FORM 458 (BACK), MAY 2000 DD FORM 458 CONTINUATION SHEET Charge Violation of the UCMJ, Article 134 Speci?cation (Homicide, negligent): In tha?, U.S. Navy, DESTROYER SQUADRON 15, Yokosuka, Japan, on active duty, did, on board 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.I-I., 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 effectively supervise personnel on watch in the USS FITZGERALD (DDG 62) Combat Information Center, as it was his duty as the Surface Warfare Coordinator to maintain surface contact situational awareness; provide operational recommendations to the Tactical Action Of?cer and the Bridge; ensure proper practices were carried out; and, properly stand his assigned station, 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.