CHARGE SHEET

 

1. PERSONAL DATA

 

 

 

 

 

 

 

 

 

 

 

 

 

1. NAME OF ACCUSED (test. First. Middle rattan) 2. SSN 3. GRADE OR RANK 4. PAY GRADE
Benson, BRYCE A. cup. 05
5. UNIT OR ORGANIZATION 6. CURRENT SERVICE
NAVAL DISTRICT WASHINGTON b- 
22 May 99 INDEFINITE

r. PAY PER MONTH 13. NATURE OF RESTRAINT OF 9. Darcie) IMPOSED
a. BASIC b. SENFOREIGN now TOTAL ACCUSED

3,771.00 0.00 8,771.00 Nm NM

11. CHARGES AND SPECIFICATIONS

10. CHARGES VIOLATION OF THE UCMJ, ARTICLE 92

SPECIME-

Speci?cation 1 (Dereliction in the performance of duties through neglect resulting in death): In that Commander Bryce A. Benson. U.S. Navy,
Naval District Washington. Washington, District of Columbia. on active duty, who knew and should have known of his duties as Commanding
Of?cer while aboard USS FITZGERALD (DDG 62). at sea and at or near Yokosuka, Japan, on or about 16 June 2017, was derelict in the
performance of those duties in that he negligently failed to ensure safe avi ation of the jaid vessel. as it was his duty to do so as
Commanding omedd?lbrovi?gvemight of the ship's hit? SIM a ll'ic?giitditions; apprb'lig'i?llWer watchbill; reviSc
standing orders to account for equipment. and that such derelictiou of duty resulted in 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 U.S. Navy, Gunner?s Mate
Second Class Petty Of?cer NH, U.S. Navy, and Fire Controlman First Class Petty Of?cer G.L.R.. U.S. Navy.

Speci?cation 2 [Dereliction in the performance of duties through neglect): In that Commander Bryce A. Benson, U.S. Navy, Naval District
Washington, Washington, District of Columbia, on active duty, who knew and should have known of his duties as Commanding Of?cer while
aboard USS FITZGERALD (DDG 62), at sea and at or ?53313 {at-Ian. from about November 2015 to about June 2017, was derelict in
the performance of those duties in that he negligently failed to Ingpect the conduct of members under his command, as it was his duty to do so as
Commanding Of?cer and Executive Of?cer to not foster a climate of complacency and to assure preper practices are executed.

SEE CONTINUATION SHEET 

 

Ill. PREFERRAL

 

11a. NAME OF ACCUSER Les First Middle Initial)

b. GRADE c. ORGANIZATION OF accuscn
?7 NAVAL LEGAL SERVICE COMMAND

  
 

 

 

 

d. SIGNATURE OF ACCUSER 9. DATE 

ZOIBDIIS

 

 

 

 

 

 

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 heishe 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

Typed Name of f?cer Organization of Of?cer

JUDGE ADVOCATE

Of?cial Capacity to Administer Oath
(See ROM. 307(b}_ must be commissioned of?cer)

 

 

 

 

 

DD FORM 458(Mn?m PREVIOUS EDITION IS OBSOLETE. my. Prolossimal'ro

 

DD FORM 458 CONTINUATION SHEET
CDR BRYCE A. BENSON, USN

Charge 11 -- Violation of the UCMJ, Article 110

Speci?cation (Impmper hazarding of vessel negligence): In that Commander Bryce A.
Benson, US. Navy, Naval District Washington, Washington, District of Columbia, on active
duty, on or about 17 June 2017, while serving in command of USS FITZGERALD (DDG 62),
operating near Sagarni Wan, Honshu, Japan, did negligently hazard the said vessel by failing and
negleeting to ensure the safe navigation of the said vessel using proper measures,
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.

 

 

 

12.
On 16 January 2018 . the accused was informed of the charges against himiher and of the

name(s) of the accuserls) known to me (See 308M) (Sea RC 308 if noti?cation cannot be made)

consouomn msposmon Aumoam

TypeF?fame of immediate Commander Organization of 
/5

 

 

 

tv?. RECEIPT av SUMMARY COURT-MARTIAL CONVENING AUTHORITY

 

13.

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

The sworn charges were received at 74rhours. JANUARY . 20l8 at OFFICE OF NAVAL
Designation of Command or
REACTORS, WASHINGTON NAVY YARD, DC
Of?cer Exercising Summary Court-Martial Jurisdiction {See M. 403)

.I. F. CALDWELL, JR. CONSOLIDATED DISPOSITION AUTHORITY
Typed Name of Officer Official Capacity of Officer Signing
RAL: SERVICE OF CHARGES
14a. h. PLACE c. DATE 
Commander. Military Personnel Detachment. Of?ce of Naval (I h' 
Reactors, Department of Energy,r aw ar Has mg on 20130617
Referred for trial to the General court-martial convened by General Court-Martial Order 1-18

 

 

 

 

 

 

 

18 lune . 2018 . subject to the following instructions: 3
NONE
By of
Command or Order
I. F. CALDWELL. IR. COMMANDER
Typed Name of Of?cer Official Capacity of Officer Signing

 

   

. I @aused to I) served a copy hereof on (each on the above named accused.

 

LCDR. JAGC. use
Grade or Rank of Tnai Counsel

 

 

FOOTNOTES: 1 - Men on appropnare comander Signs personality. Mapplicame words are stricken601(9) concealing instructions. if none. so state.

55 FORM 458 IEACK). MAY 2000