NAVY-MARINE CORPS TRIAL JUDICIARY NORTHERN JUDICIAL CIRCUIT GENERAL COURT-MARTIAL UNITED STATES V. NATALIE D. COMBS DEFENSE MOTION TO DISMISS: VIOLATION OF ARTICLE 37, UCMJ 7 DECEMBER 2018 1.Nature of Motion. The Defense moves this court to dismiss the charges against LT Combs for violation of Article 37, Uniform Code of Military Justice (“UCMJ”), 10 U.S.C. § 837 (2012). The pretrial statements and actions of the Chief of Naval Operations (“CNO”), Vice Chief of Naval Operations (“VCNO”), and Navy senior leadership constituted unlawful command influence prejudicing the accused’s the presumption of innocence as to intolerably strain the public’s perception of the United States military justice system. 2. Summary of Facts. a. LT Natalie Combs is alleged to have been derelict in her duties as Tactical Action Officer (“TAO”) while onboard the USS FITZGERLAD (DDG62) on 17 June 2017. Charge Sheet. b. LT Combs is additionally alleged to have improperly hazarded a vessel through negligence while serving as the TAO onboard the USS FITZGERALD (DDG62) on 17 June 2017. Id. c. In August 2017, VADM Aucoin notified Commander, U.S. Pacific Fleet, ADM Swift, of his planned disciplinary actions based on the JAGMAN Investigation, including his intent to impose non-judicial punishment upon LT Combs. Admiral Swift, in turn, notified VCNO, who informed ADM Swift that CNO approved the plan. At that time, VADM Aucoin was a general court-martial convening authority with full disposition authority under R.C.M. 306. Encl. C. d. However, on 2 November 2017, following a subsequent collision involving the USS MCCAIN, CNO announced the case would be reopened and that ADM Caldwell, Commander, Military Personnel Detachment, Office of Naval Reactors, Department of Energy would serve as CDA to evaluate potential military disciplinary action for Navy personnel involved in the collision of USS FITZGERALD. Encl. V. e.. While the review of the case was ongoing, CNO and senior Navy leadership made repeated statements imputing blame for the FITZGERALD collision on its crew members. Those statements are addressed specifically throughout the remainder of this Motion. 3.Discussion. Unlawful command influence is considered “the mortal enemy of military justice.” United States v. Lewis, 63 M.J. 405, 407 (C.A.A.F. 2006) (citations omitted). Where unlawful influence is found to exist, military courts have ordered “judicial authorities must take those steps necessary to preserve both the actual and apparent [emphasis added] fairness of the criminal proceeding.” Id. (citing United States v. Rivers, 49 M.J. 434, 443 (C.A.A.F. 1998). The UCMJ prohibits unlawful influence under Article 37, which provides, “No person subject to [the UCMJ] may attempt to coerce or, by any unauthorized means, influence the action of a court-martial . . . or any member thereof . . . or the action of any convening, approving, or reviewing authority with respect to his judicial acts.” 10 U.S.C. § 837 (2012). There are two forms of unlawful influence. It can exist as actual or apparent unlawful influence. As for actual unlawful influence, it “occur[s] when there is an improper manipulation of the criminal justice 2 process which negatively affects the fair handling and/or disposition of a case.” United States v. Barry, No. 17-0176, 2018 CAAF LEXIS 583, at *14-15 (quoting Boyce, 76 M.J. at 247). It does not matter whether the unlawful influence was unintentional. Id. at *18-20. The Court of Appeals for the Armed Forces is also concerned with ‘eliminating even the appearance of unlawful command influence at courts-martial.’” Lewis, 63 M.J. at 415 (quoting United States v. Rosser, 6 M.J. 267, 271 (C.M.A. 1979)). Apparent unlawful influence threatens the military justice system because the mere appearance of unlawful influence may be as devastating to the military justice system as the actual manipulation. United States v. Ayers, 54 M.J. 85, 94-95 (C.A.A.F. 2000). The test for the appearance of unlawful influence is objective, focusing on “the perception of fairness in the military justice system as viewed through the eyes of a reasonable member of the public.” Lewis, 63 M.J. at 415. Furthermore, there is apparent unlawful influence when there may be a question whether the influence of command placed an “intolerable strain on public perception of the military justice system.” United States v. Stoneman, 57 M.J. 35, 41 (C.A.A.F. 2002). The Defense has the initial burden to show facts that, if true, constitute unlawful influence. The initial burden of showing potential unlawful command influence is low, but is more than mere allegation or speculation. See United States v. Biagase, 50 M.J. 143, 150 (C.A.A.F. 1999). The burden then shifts to the Government to rebut the allegation beyond a reasonable doubt. Id. If the Government fails to rebut the factual showing of “some evidence” of unlawful influence, it must show that the facts do not place such an “intolerable strain” on the military justice system as it is perceived by the public.” United States v. Boyce, 76 M.J. 242, 249 (C.A.A.F. 2017). To do this, the Government must prove beyond a reasonable doubt that “an objective, disinterested observer, fully informed of all the facts and circumstances, would [not] 3 harbor a significant doubt about the fairness of the proceeding.” Id. at 249-50 (citations and quotation marks omitted). A. CNO engaged in unlawful command influence in this case by reopening it under the review authority of his own staff after he had already approved the original disposition. LT Combs is facing an unlawfully convened court-martial on the very same charges that an authorized general court-martial convening authority disposed of at Admiral’s Mast with CNO’s explicit approval.1 Encl. C. This is one example of actual unlawful influence in this case. Specifically, on 18 August 2017, a general court-martial convening authority, with CNO’s approval, lawfully disposed of LT Combs’ case through Article 15 punishment. Id. However, a subsequent collision (three days later) in Seventh Fleet exposed reoccurring problems plaguing the Navy’s force generation model. Encl. G. This prompted CNO to reopen the disposition of LT Combs’ case as well as the cases of other FITZGERALD crew members. By selecting a review authority within his own staff, CNO effectively ensured that his and other Navy leadership’s performances would not be part of the review.2 CNO’s decision to reopen the case after lawful disposition has negatively affected the fair handling of LT Combs’ case and resulted in unlawful command influence requiring dismissal of all charges. Additionally, an objective member of the public would look at CNO’s actions and conclude that the timing of reopening the case right after the crash of another 7th fleet ship (USS MCCAIN), was the result of Navy leadership trying to shift blame from its highest levels of 1 In early August 2017, VADM Aucoin notified Commander, U.S. Pacific Fleet, ADM Swift, of his planned disciplinary actions based on the JAGMAN Investigation, including his intent to impose non-judicial punishment upon LT Combs and other FITZGERALD crew members. CNO explicitly approved the action. 2 Under 10 U.S.C. § 5032(b) (2012), CNO’s office is assigned the responsibility for maintaining the Navy. Additionally, under Article 0405.3., U.S. Navy Regulations (1990), CNO has the responsibility to organize, train, equip naval forces and determine their appropriate manning. 4 authority despite the cases concerning the FITZGERALD already being disposed of. Therefore, the actions constitute apparent unlawful influence and undermine the public’s confidence in the military justice system. The burden of proof must now shift to the government. B. CNO and Navy leadership engaged in a coordinated and unrelenting media effort casting blame for the FITZGERALD collision on members of the ship’s crew. After CNO’s unprecedented actions authorizing a member of his own staff to re-dispose of charges against LT Combs and other FITZGERALD crew members, his office issued a significantly misleading report on the FITZGERALD collision, which omits any and all institutional problems present in the Navy’s operations that sanctioned the JAGMAN investigation.3 Encl. T. These prevalent institutional problems are ones that members of Congress and others has previously laid at the feet of CNO because of his statutory and regulatory obligations.4 Encl. P. Moreover, the report omits any of the errors committed by the crew of the CRYSTAL. Instead of presenting an accurate and all-encompassing picture of the factors contributing to the collision, CNO’s report and press releases consistently pitted the blame on members of the FITZGERALD crew, “FITZGERALD’s watch teams disregarded established norms of basic contact management and, more importantly, leadership failed to adhere to well-established protocols put in place to prevent collisions.” Encl. T. This effort to impute blame on the FITZGERALD crew members in order to deflect attention from the Navy’s prevalent problems was consistent with the coordinated “story” engineered by 3 On 1 November 2017, CNO released to the public his own report on the FITZGERALD collision. 4 On 19 September 2017, CNO testified before the Senate Armed Service Committee regarding the collisions in the Seventh Fleet, which included questioning from senators regarding Navy’s failure to implement regular surface fleet operational schedules. 5 the CNO’s press campaign.5 Encl. Y. It included unrelenting statements casting blame on the FITZGERALD crew including statements such as:  “Specifically, FITZGERALD’s watch teams disregarded established norms of basic contact management and, more importantly, leadership failed to adhere to wellestablished protocols put in place to prevent collisions.” -CHINFO, Press Release, 1 November 2017 Encl. T.  “Failure to execute basic watchstanding principles, failure to properly use available navigation tools, failure to respond deliberately and effectively when in extremist [sic] of collision, a loss of situational awareness and high traffic density, failure to follow the international rules of the road.” - CNO, FITZGERALD Collision Public Report, 1 November 2017. Encl. T.  “With respect to the proximate cause of the collisions, there was nothing that was outside the commanding officer and the crews’ span of control.” - CNO, to assembled reporters following congressional testimony, 18 January 2018. Encl, DD.  “If you had seen the evidence that I saw in those cases, trust me, it was negligent.” -CNO, All hands calls from the Pentagon. Encl. EE.  “Q: Admiral, you’ve used the word “failure” many times, but you haven’t used the word “negligence.” Was there negligence involved in either of these accidents? CNO: Yes. Q: By whom? CNO: Well by several people. I mean, we found that the commander [sic] officers were at fault, the executive officers were at fault. There were watchstanders on the ships. And 5 CNO directed ADM Caldwell, VCNO, and all the members of his own operational planning team, “Team, as we tell the story, let’s all agree on the releases before we pull the trigger. Alignment will be key.” Encl. T. 6 we’ve been pretty clear about identifying where there was fault and taking appropriate accountability actions, up to and including the 7th Fleet commander.” -CNO, Press Conference, 2 November 2017. Encl. W. From these repeated statement it is not difficult to understand why media outlets like ABC ran headlining stories such as “Scathing report blames crew errors for deadly Navy collisions.” Encl. V. CNO and others orchestrated a coordinated narrative of blame while an investigation was ongoing. Such persistent public statements by a top Navy official have eroded the effect of the presumption of innocent. As a result of this unlawful command influence, it is impossible for LT Combs to receive a fair trial by an unbiased panel of members. An objective member of the public would see these statements and conclude that the Navy has already made up its mind in terms of the guilt and culpability of LT Combs. The public perceives these statements as influencing the review conducted by ADM Caldwell, a member of CNO’s staff. No objective member of the public would think that ADM Caldwell wasn’t meaningfully influenced by these statements of blame made by his superior. Here, no panel can fairly sit at court-martial because the panel would have to ignore repeated public statements, that assert blame, assign fault, and evaluate evidence, made by the highest of Navy authority in relation to LT Combs’ case. This apparent unlawful influence casts such an intolerable strain on the public’s perception of the military justice system that the charges against LT Combs must be dismissed. 4. Requested Relief. Defense respectfully requested this court dismiss the charges against LT Combs with prejudice. 5. Burden of Proof and Evidence. 7 As the moving party, the defense bears the initial burden of proof to show “some evidence” of unlawful influence. If shown, the burden then shifts to the Government. Defense presents the following evidence in support of this Motion: A. Media Coverage of Collision Anna Fifield & Thomas Gibbons-Neff, U.S. Navy destroyer collides with merchant ship off Japan, Washington Post, June 17, 2017, at A10. Seven crewmen missing after U.S. Navy destroyer collides with ship, Boston Herald, June 17, 2017, at 8. Foreign Staff, Seven crew of US destroyer missing after sea collision¸ Daily Telegraph (London), June 17, 2017, at 15. B. JAGMAN Investigation excerpts. C. PacFleet-VCNO Emails, “Intentions on FTZ Accountability” (Aug. 9-10, 2017). D. Media Coverage of VCNO Announcement Idrees Ali & Tim Kelly, U.S. Navy, citing poor seamanship, removes commanders of warship in deadly crash, Reuters, Aug. 17, 2017. Ryan Browne, USS Fitzgerald’s leadership removed from their duties over June collision, CNN, Aug. 18, 2017. Geoff Ziezulewicz, Fitzgerald’s CO and sailors standing watch face discipline in fatal collision, Navy Times, Aug. 17, 2017. Eric Schmitt, Top two officers on Navy ship in deadly collision off Japan are relieved of duties, New York Times, Aug. 17, 2017. Richard Sisk, Navy Fires Commander, XO from USS Fitzgerald for Fatal Collision, Military.com, Aug. 17, 2017. E. Emails Tracking VCNO Availability (Aug. 17, 2017). F. U.S. 7th Fleet Public Affairs, 7th Fleet Announces USS Fitzgerald Accountability Determinations, (Aug. 17, 2017). G. Media Coverage of MCCAIN collision Max Jaeger, Navy tragedy Sailors missing in sea collision, New York Post, Aug. 21, 2017, at A19. Sam Holmes & Lesley Wroughton, US Navy crash: 10 sailors missing after destroyer USS John McCain collides with oil tanker off Singapore; Accident comes after USS Fitzgerald involved in fatal collision, The Independent (United Kingdom), Aug. 21, 2017. 27 8 H. VIDEO: CNO Announces Operational Pause, Investigation Following USS John McCain Collision, USNI News, Aug. 21, 2017. I. CR Order (Aug. 24, 2017). J. Facebook Live All-Hands Call Transcript (Aug. 30, 2017). K. CNO’s Sailing Directions and Design for Maritime Superiority. L. Intentionally Omitted. M. Intentionally Omitted. N. VCNO HASC Testimony Excerpts. O. Media Coverage of HASC Testimony Jeanette Steele, Navy gets grilled by House committee regarding deadly collisions, San Diego Union-Tribune, Sept. 7, 2017. Jeremy Herb & Barbara Starr, Congress grills Navy on ship collisions, CNN, Sept. 7, 2017. P. CNO SASC Testimony Excerpts. Q. Media Coverage of CNO’s Testimony Ryan Browne, Navy secretary on recent fatal accidents: 'We have a problem', CNN, Sept. 19, 2017. Travis J. Tritten, John McCain: Navy leaders knew about problems years before deadly ship collisions, Examiner (Washington, DC) Sept. 19, 2017. Helene Cooper, Navy Leaders Pledge to Solve Problems Stretching Limits of Sailors, New York Times, Sept. 19, 2017. Claudia Grisales, Senators grill Navy officials on crashes, Sailors’ deaths, Stars & Stripes, Sept. 19, 2017. R. CDA Order (Oct. 30, 2017). S. Intentionally Omitted. T. Navy Office of Information, Navy Releases Collision Report for USS Fitzgerald and USS John S McCain Collisions, Nov. 1, 2017, and CNO’s Public Collision Report (excerpts). U. Navy Office of Information, Navy Releases Results of the Comprehensive Review of Surface Force Incidents, Nov. 2, 2017, and Comprehensive Review (excerpts). V. Luis Martinez, Scathing report blames crew errors for deadly Navy collisions, ABC News, Nov. 1, 2011. W. Dept. of Def. Press Operations, Department of Defense Press Briefing by Adm. Richardson on results of the Fleet Comprehensive Review and investigations into the collisions involving USS Fitzgerald and USS John S. McCain, Nov. 2, 2017 (pp. 1-2, 11). X. CDA Memorandum for the Record (Nov. 13, 2017). 9 Y. CDA, VCNO, CNO Emails (January 2018). Z. Navy Office of Information, US Navy Statement on USS Fitzgerald and USS John S McCain Consolidated Disposition Authority Accountability Actions, Jan. 16, 2018. AA. Media Coverage of the Charges against FITZGERALD Commanding Officer Thomas Gibbons-Neff, Navy Seeks to Prosecute Top Officers for Crashes, New York Times, Jan. 16, 2017. Navy filing homicide charges against two ship commanders, Baltimore Sun, Jan. 17, 2018. Dan Lamothe, Navy files charges over ship collisions, New York Times, Jan. 17, 2018, at A13. BB. Megan Eckstein, Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal Ship Collisions, USNI, Jan. 17, 2018. CC. Blumenthal Statement on Investigation into Charges Against Commanders of USS Fitzgerald And USS John S. McCain, Jan. 16, 2018. DD. Megan Eckstein, Navy, Congress, Looking to Clarify Command and Control of U.S. Pacific Fleet, USNI News, Jan. 18, 2018. EE. All Hands Email (17 Jan 18). FF. CNO Email to RADM Cox (9 Mar 18). GG. Senior Navy Leader Biographies. HH. CHINFO Press Release (8 May18). 6. Evidentiary Hearing & Oral Argument. The Defense requests an evidentiary hearing and oral argument. Respectfully submitted, David P. Sheldon Civilian Defense Counsel 10 U.S. Navy destroyer collides with merchant ship off Japan The Washington Post June 17, 2017 Saturday, Met 2 Edition Copyright 2017 The Washington Post All Rights Reserved Distribution: Every Zone Section: A-SECTION; Pg. A10 Length: 456 words Byline: Anna Fifield;Thomas Gibbons-Neff Dateline: TOKYO Body Commanding officer airlifted to hospital; 7 sailors reported missing TOKYO - Seven U.S. Navy sailors are missing off the coast of Japan after an Aegis guided missile destroyer, the USS Fitzgerald, collided with a container ship early Saturday, causing significant damage and flooding. Three sailors, including the destroyer's commanding officer, Cmdr. Bryce Benson, were evacuated from the damaged vessel and are being treated at the U.S. naval hospital at Yokosuka, the home of the U.S. Navy's Seventh Fleet. Benson was reported to be in stable condition in the hospital, while the other two were still having their injuries assessed. The Seventh Fleet had set up an information center for families of sailors serving on the ship. The cause of the collision was not yet clear. "Right now we are focused on two things: the safety of the ship and the well-being of the sailors," said Adm. Scott Swift, commander of the U.S. Pacific Fleet. The USS Dewey, another destroyer, and two naval tugboats were at the scene, about 12 miles from the Izu Peninsula and 56 nautical miles southwest of Yokosuka, searching for the missing sailors on Saturday. Two Japanese coast guard cutters with helicopters were helping. The Fitzgerald, which is more than 500 feet long, collided with a fully laden, Philippine-flagged container ship, the ACX Crystal, about 2:30 a.m. local time. The Crystal is about 700 feet long and was bound for Tokyo, according to a website that tracks maritime traffic. Local broadcaster NHK showed helicopter footage of the container ship with minor damage to its bow, while the Fitzgerald appeared to have significant damage above and below the waterline. Water was being pumped from aboard the Navy ship. Enclosure A Page 1 of 4 Page 2 of 2 U.S. Navy destroyer collides with merchant ship off Japan The Fitzgerald is part of the Yokosuka-based group that includes the aircraft carrier USS Ronald Reagan, but it was operating independently of the carrier when the collision occurred, Flanders said. The Fitzgerald was operating under its own power after the collision, but was making only one to three miles per hour. When its crew is at full strength, the Fitzgerald usually has more than 250 personnel aboard and can reach speeds well over 30 miles per hour. It is unclear how fast the destroyer was traveling when it and the merchant ship collided. Also unclear was how the two massive vessels collided. There are extensive international guidelines for accident avoidance at sea known as the International Regulations for Preventing Collisions at Sea, or Colregs. The rules require that ships must have a watch posted at all times and follow a number of collision-avoidance steps when crossing paths with or overtaking other vessels. anna.fifield@washpost.com thomas.gibbons-neff@washpost.com Gibbons-Neff reported from Washington. Load-Date: June 17, 2017 End of Document Enclosure A Page 2 of 4 Seven crewmen missing after U.S. Navy destroyer collides with ship The Boston Herald June 17, 2017 Saturday, All Editions Copyright 2017 Boston Herald Inc. All Rights Reserved Section: NEWS; Local; Pg. 8; Vol. 35; No. 168 Length: 357 words Body TOKYO — Seven crew members are reportedly missing and one injured after a U.S. Navy destroyer collided early yesterday morning with a merchant ship off the coast of Japan, the country’s coast guard reported. Footage from the Japanese TV network NHK showed heavy damage to the mid-right side of the Navy ship and a person in a stretcher being lifted to a helicopter. The U.S. 7th Fleet said on its Facebook page that it is working with the Japanese Coast Guard to conduct a medical evacuation for a sailor. The fleet said the number of injuries is still being determined. The Japanese Coast Guard said it received an emergency call from a Philippine-registered container ship ACX Crystal at around 2:20 a.m. that it had collided with the USS Fitzgerald southwest of Yokusuka, Japan. Coast Guard spokesman Yuichi Sugino said coast guard patrol ships and aircraft were headed to the scene but said that no further details were immediately available. The Philippine ship is 29,060 tons and is 730 feet long, the coast guard said. The Navy said that the USS Fitzgerald collided with a merchant ship 56 nautical miles southwest of Yokosuka, a city south of Tokyo that is home to a major U.S. Naval base. A U.S. defense official said there is flooding in three compartments of the Fitzgerald. The 7th Fleet says the ship experienced flooding in some areas and it is heading back to Yokosuka. The fleet said the Fitzgerald has limited propulsion, and the ship sustained damage on the starboard side below the water line. The fleet said the USS Dewey, medical assistance and two Navy tugs were being dispatched as quickly as possible and that Naval aircraft were being readied to help. The Pacific Fleet said the extent of injuries and damage to the Fitzgerald are being determined, and the incident is under investigation. Relatives of crew members of the Fitzgerald were awaiting news of their loved ones last night. Rita Schrimsher of Athens, Ala., said “of course we’re nervous and scared and just praying.” Her grandson Jackson Schrimsher is a 23-year-old sailor aboard the destroyer. She said she last communicated with him via Facebook messenger on Wednesday. Load-Date: June 19, 2017 Enclosure A Page 3 of 4 Seven crew of US destroyer missing after sea collision The Daily Telegraph (London) June 17, 2017 Saturday, Edition 3, National Edition Copyright 2017 Telegraph Media Group Limited All Rights Reserved Section: NEWS; Pg. 15 Length: 250 words Byline: Our Foreign Staff Body SEVEN crew members of a US destroyer were reportedly missing last night following a collision with a merchant ship off the Japanese coast. The collision, which involved the USS Fitzgerald, took place 56 nautical miles south-west of Yokosuka, in eastern Japan. According to a US defence department official, three compartments of the Fitzgerald were flooded. The spokesman said there had been injuries as a result of the accident. According to Japan broadcaster NHK, seven members of the crew were unaccounted for following the accident. Footage taken by the broadcaster showed damage to the right of the hull of the 505ft destroyer. According to the station, the Fitzgerald colllided with ACX Crystal, a Philippine container ship. In a brief written statement, US Pacific Fleet in Hawaii said the navy had requested assistance from the Japanese coastguard, including helping with the evacuation of one of those injured in the collision. The fleet added that the extent of injuries and damage to the Fitzgerald were "being determined" and that the incident was under investigation. The USS Fitzgerald is an Arleigh Burke-class guided missile destroyer, which was commissioned in 1995. It is based in Yokosuka and its crew numbers 23 officers, 24 chief petty officers and 291 enlisted members of the navy. Despite the collision, the Fitzgerald was making its way back to Yokosuka without assistance. However, the USS Dewey and two navy tugs were sent to the area, with aircraft being prepared to assist if necessary. Load-Date: June 17, 2017 Enclosure A Page 4 of 4 FITZGERALD_BENSON 000257 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 5830 28 Jul 17 [SECRET/NOFORN - Unclassified upon removal of enclosures (21 , 29, 64, 69, 79, 80, 82, 101, 103 , 225-228,242-246,248~ From: RDML Brian Fort, USN, Investigating Officer To: Office of the Judge Advocate General (Code 11) Via: (1) Commander, U.S. SEVENTH Fleet (2) Commander, U.S. Pacific Fleet Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 Ref: (a) JAG Instruction 5800.7F (JAGMAN) (b) Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGS) (c) COMNAVSURFPACINST 3530.4E dtd 310ct16, Surface Ship Navigation Department Organization and Regulations Manual (NAVDORM) (d) Publication 158, Sailing Directions Japan Volume I (e) Publication 120, Sailing Directions (Planning Guide), Pacific Ocean and Southeast Asia (f) OPNAV Instruction 3120.32(D) dtd 16Jul12, Standard Organization and Regulations of the U.S. Navy (SORM) (g) OPORD 201 (h) COMNAVSURFPAC/COMNAVSURFLANTINST 3505.lA dtd 12Decl6, Navigation Seamanship and Ship Handling Training (i) COMNAVSURFPAC/COMNAVSURFLANTINST 3502.3A dtd 8Nov16, Surface Force Readiness Manual U) OPNAVINST 5100.19 dtd 30May07, Navy Safety And Occupational Health (SOH) Program Manual For Forces Afloat (k) OPNAVINST 5354. lF dtd 20Sepl 1, Navy Equal Opportunity Policy (1) OPNAVINST 3100.7C dtd 24Febl4, Preparing, Maintaining And Submitting The Ship's Deck Log Encl: (1) (2) (3) (4) (5) (6) (7) (8) COMSEVENTHFLT ltr 5830 Ser N013/0104J of20Junl 7 COMSEVENTHFLT ltr 5830 Ser N013/0l l 1J of24Junl 7 COMSEVENTHFLT ltr 5830 Ser N013/0112J of29Jun17 COMSEVENTHFLT !tr 5830 SerN013/0116J of 13Ju117 COMSEVENTHFLT !tr 5830 Ser N013/0121J of 18Jull 7 List of Witnesses Interviewed Roster of Investigation Team Personnel 1994 Navigation Light Certificate of Alternate Compliance [SECRET/NOFORN - Unclassified upon removal of enclosures (21, 29, 64, 69, 79, 80, 82, 101, 103, 225-228, 242-246, 248)] This Page is Unclassified Enclosure BB Page 1 of 20 FITZGERALD_BENSON 000257 FITZGERALD_BENSON 000266 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 F. Collision G. Post Collision Events, Return to Yokosuka, and Recovery H. Damages and Damage Control Efforts I. Berthing 2 Narrative J. Medical K. Manning Concerns L. Training Concerns M. Equipment Concerns N. FTZ Command Culture III. Opinions A. Root Causes of the Collision B. Contributing Causes of the Collision C. Command Culture Contributions to the Collision D. Other Opinions - Not Causal or Contributing to the Collision IV. Recommendations A. Immediate Actions B. Building More Capable Mariners (Navigation/Seamanship) C. Improving Core Navigation Competencies D. War at Sea Readiness E. Accountability F. Meritorious Service EXECUTIVE SUMMARY: OVERVIEW At 0130 on 17 June 2017, FTZ collided with CRYSTAL in the vicinity of the eastern boundary of the Mikomoto Shima Voluntary Traffic Separation Scheme (VTSS) southward of the Izu Peninsula, approximately 9nm from the nearest land and approximately 56nm from her homeport of Yokosuka, Japan. Seven FTZ Sailors died as a result of the collision. Three other FTZ Sailors, including the Commanding Officer (CO), required airlift to U.S. Naval Hospital Yokosuka due to the serious nature of their injuries. Aside from combat or terrorist attack, this collision represents the largest loss oflife for the U.S. Navy from a maritime incident since the BELKNAP/KENNEDY collision of22 November 1975. It is the Navy's third significant maritime accident over the first six months of2017, all of which occurred in the U.S. SEVENTH Fleet (C7F) Area of Responsibility (AOR). On 31 January 2017, USS ANTIETAM (CG 54) grounded in Tokyo Bay. On 9 May 2017, USS LAKE CHAMPLAIN (CG 57) 1 collided with a South Korean fishing vessel in the Sea of Japan. 1 LA.KE CHAMPLAIN is a U.S. THIRD Fleet ship and was on a routine deployment to the C7F AOR when she collided with a South Korean fishing vessel. FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT IO This Page is Unclassified ---~-------" Enclosure BB Page 2 of 20 FITZGERALD_BENSON 000266 FITZGERALD_BENSON 000267 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 Furthermore, it is the Surface Force's second major collision with a deep-draft merchant vessel within the last five years. On 12 August 2012, USS PORTER (DDG 78) collided with the supertanker OTOWASAN in the Arabian Gulf. The similarities between the FTZ/CRYSTAL collision and the PORTER/OTOWASAN collision are concerning, particularly the geometry of the collision, maneuvering decisions made by the Bridge watchstanders, and poor Bridge Resource Management. Multiple failings on the part of FTZ personnel will be demonstrated, necessitating appropriate accountability and changes in Surface Force training and readiness. At the time of the collision, FTZ was below Fit, Fill, and Navy Enlisted Classification (NEC) manning requirements, delinquent in both Tier I Mobility and Tier 2 Unit Tactical Warfare mission area certifications, and in need of a maintenance availability. Moreover, she was overconfident in her abilities given her operational tempo (OPTEMPO) as a Forward Deployed Naval Force (FDNF) Japan asset, but without having completed many of the aforementioned Surface Force Readiness Manual (SFRM) training and maintenance requirements. Following a seven-month Drydock Selected Restricted Availability (DSRA), FTZ got underway for contractor sea trials on 24-27 January 2017. FTZ sailed again on 17 February 2017 for what was planned as a few weeks at sea for training and participation in a multi-sail event. She did not return to port until four months later, on 6 June 2017, and only then due to a significant casualty to #3 Switchboard following a fire caused by crew error during engineering training. While on patrol for four months, FTZ was certified in only seven of 12 Tier I Mobility Mission areas (3M, Anti-Terrorism, Explosive Safety, Medical, Damage Control, Navigation, and Search and Rescue). FTZ was certified in zero of I 0 Tier 2 Unit Tactical Warfare areas. After only I 0 days back in her homeport, FTZ sailed again on 16 June 2017, without the benefit of a postpatrol maintenance availability, and then collided in the early morning hours of 17 June 2017. EXECUTIVE SUMMARY: SIGNIFICANT EVENTS On 16 June 2017, FTZ departed her homeport ofYokosuka, Japan to conduct operations in the C7F AOR. Liberty expired at 0600 for all hands, followed by a full schedule of demanding evolutions that left the 2200-0200 watch section fatigued and without adequate rest. At approximately 2300, FTZ began an outbound transit to sea from the Sagami Wan2 operating area. Shortly after 2300, both the CO and Executive Officer (XO) had departed the bridge for the night. The CO approved the outbound navigation track to sea in FTZ's Voyage Management System (VMS). Visibility was unrestricted, seas were one to three feet, and the winds were from 030T at 27 knots. Moonrise occurred at 2330 with 69% illumination. All FTZ watchstanders on the Bridge and in the Combat Information Center (CIC) were qualified for their assignments on the 2 Sagami Wan refers to Sagami Bay, where U.S. Navy ships routinely conduct training. FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 11 This Page is Unclassified Enclosure BB Page 3 of 20 FITZGERALD_BENSON 000267 FITZGERALD_BENSON 000268 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 2200-0200 watch. The FTZ Chief Quartermaster (QMC) billet has been gapped since March of 2015, the ship does not man port and starboard lookouts, and had the following safety of navigation equipment out of commission (OOC) at the time of the collision: the bridge OJ-663 console (i.e., the Bright Bridge console), the SPA-25G radar repeater in CIC, and the SPS-67 Radar Set Control in CIC. The sole AIS laptop with a geographic display was in CIC rather than on the Bridge. All navigation lights were energized. From 2345 to 0130, the Officer of the Deck (OOD) navigated through moderately dense traffic between Oshima Island and the Izu Peninsula at 20 knots, in accordance with the CO's Night Orders, to get ahead of the Plan of Intended Movement (PIM) in preparation for propulsionlimiting Engineering evolutions and drills the following morning. The Night Orders additionally gave the OOD the leeway to deviate from the navigation track by up to 1000 yards, double the allowance previously authorized by the CO, to avoid traffic without calling him. During the 2200-0200 watch, Bridge and CIC watchstanders shared no surface contact information and conducted no maneuvering board solutions for any contacts. Until 0100, surface traffic in the vicinity ofFTZ primarily consisted of fishing vessels and merchant ships, inbound or outbound Tokyo Bay on parallel or nearly reciprocal courses with little to no risk of collision. At approximately 0034 the OOD called the CO to make a routine contact report about four surface contacts which would have a closest point of approach (CPA) to FTZ on her port side at less than 6000 yards. The OOD made no other calls during her watch, although over the next hour, FTZ would pass at least five other contacts with CPAs meeting the CO's Standing Orders criteria for a contact report to him. One of these unreported contacts passed down FTZ's starboard side at approximately 650 yards at 0108. At 0100, the surface picture began to grow more complex as FTZ sailed past Oshima Island toward the Mikomoto Shima VTSS. FTZ's approved navigation track did not account for, nor follow, this VTSS, although the recognition and use of Japanese VTSSs is noted in National Geospatial Intelligence Agency Publications 120 and 158 (Sailing Directions). Although users can manually plot VTSSs in VMS, FTZ's Navigation Team did not do so, nor did CIC watchstanders plot the VTSSs in the Aegis Display System (ADS) in CIC. This part of the track presented FTZ with a sequence of crossing situations in which she would have been the giveway vessel. Bridge and CIC watchstanders were unaware of this approaching and dynamic change in the surface traffic pattern, and sailed headlong into this crossing traffic at 20 knots. From approximately 0100 to 0120, FTZ should have been able to see the port aspect of three vessels broad on her starboard bow. Each was traveling eastward in the vicinity of the VTSS, and each had an average closure rate with FTZ in excess of 30 knots. From nearest to furthest, these vessels and their speeds were WAN HAI 266 (17 knots), CRYSTAL (18 knots), and MAERSK EVORA (24 knots). CRYSTAL was overtaking WAN HAI 266, and MAERSK EVORA was overtaking CRYSTAL. Lateral separation between WAN HAI 266 and FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 12 This Page is Unclassified Enclosure BB Page 4 of 20 FITZGERALD_BENSON 000268 FITZGERALD_BENSON 000269 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 CRYSTAL was approximately 3000 yards, and lateral separation between CRYSTAL and MAERSK EVORA was approximately 8000 yards. During this 20 minute period, there would have been moments of visual overlap of these three vessels from the FTZ OOD's perspective. The OOD recalled holding a SPS-73 track on two of these three vessels, however, reconstruction from FTZ's VMS validated that the OOD actually held track on all three (although no more than two at the same time) at different intervals. The OOD attempted to track and acquire an Automated Radar Plotting Aid (ARPA) solution for the vessel nearest to FTZ (most likely WAN HAI 266). The OOD did not use the Bridge AIS receiver to aid in her situational awareness. After obtaining a CPA of 1500 yards on the starboard beam for this contact, she lost this track in the clutter of her improperly adjusted SPS73 radar. The Junior Officer of the Deck (JOOD) and Conning Officer (CONN) were on the port bridge wing for much of this time period, looking at contacts which had either passed and were opening or which had left bearing drift, and therefore posed no risk of collision. At approximately 0120, FTZ was on track to cross the bow of WAN HAI 266 at 1500 yards. MAERSK EVORA remained broad on the starboard bow at a range of approximately 20000 yards with no appreciable bearing change, and for the moment, no one was tracking CRYSTAL either visually or by radar. Shortly thereafter, the JOOD went to the starboard bridge wing and visually observed CRYSTAL and a port side light at close range. Over the next several minutes, the OOD and JOOD discussed CRYSTAL and what action should be taken. Initially, the OOD intended to take no action, believing CRYSTAL to be the vessel for which she had calculated the 1500 yard CPA. During this time, the OOD and JOOD made at least three trips to the starboard bridge wing to visually observe CRYSTAL, eventually realizing that CRYSTAL was not the vessel for which the OOD had calculated the 1500 yard CPA. All the while, the OOD took no action to avoid collision, did not call the CO, did not sound at least five short blasts, and made no attempt to hail CRYSTAL via bridge-to-bridge radio. Concurrently, CIC had no radar track on either WAN HAI 266 or CRYSTAL, and like the Bridge, was making no effective use ofAIS. With the AIS laptop at the Surface Warfare Coordinator (SUWC) console, CIC should have been able to clearly identify both vessels, both of which were transmitting AIS at the time. Finally recognizing that action was necessary, the OOD went to the port bridge wing to get the CONN to have him alter course to starboard. However, upon returning with him to the Bridge, she evaluated that she did not have the sea room to make a turn to starboard without colliding. No consideration was given to using an emergency backing bell. Instead, she decided to turn to port. She ordered the CONN to come to full, and then flank, speed ahead, and then ordered full, and then hard, left rudder. These actions were delayed as the CONN "froze" in the panic of the moment, and the OOD effectively (though not formally stating it) assumed the CONN and began yelling orders to the Helm, The Under Instruction (U/I) Helm watchstander similarly "froze" FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 13 This Page is Unclassified Enclosure BB Page 5 of 20 FITZGERALD_BENSON 000269 FITZGERALD_BENSON 000270 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 when both the OOD and CONN began shouting orders. Eventually the Boatswain Mate of the Watch put the rudder over hard left and pushed the throttles forward. These actions occurred just 30 seconds prior to impact. FTZ had briefly started coming left and speed had increased by only two knots (to 22 knots) by the time of impact. ,,-,-' ,,,'' . ,,, ; ;~~, . , ,, ,' ,,A.. , ' ,,, , ,•'> "" <''~../,,'/ ,' ,<.. ~ / ~ "( ' ' , )' ..... > Osluma VTSS ..,, ' I I I ' CJ IOl#A ,lt I ,'' ~ ,' 'I. I I ' I . I I I C) /$ / ff ~t ,, ACX CRYSTAL PIM TRACK • '' '' t> •-- -- ·-f j. ~ ~/ ~ - -;r,/ ~ t _..,. L..... - ........ I VTSS ,'/,/, ,' OFIMPACT • '"':' J;-1<' .Mikomoto Shima >0 /APPROXIMATE / POINT ,,' ,' ,-' _,,.---, . The figure is a VMS reconstruction of tbe FTZ Plan oflntended Movement (PIM) track from Sagami Wan to sea and the CRYSTA L inbound voyage plan from sea to Tokyo with the Oshima and Mikomoto Shima Voluntary Traffic Separation Schemes overlaid. (ATIORNEY WORK PRODUCT AND PRIVILEGED) In accordance with the International Rules of the Road, FTZ and CRYSTAL were in a crossing situation once in sight of one another. FTZ was the give-way vessel, and CRYSTAL was the stand-on vessel. In the 30 minutes leading up to the collision, neither FTZ nor CRYSTAL took any action to avoid collision until less than one minute prior to impact. FTZ maintained a constant course of 190 at 20 knots. CRYSTAL made one course change at 0119, turning port from course 088 to course 069 (in accordance with her voyage plan), at a constant speed of 18 knots. FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 14 This Page is Unclassified Enclosure BB Page 6 of 20 FITZGERALD_BENSON 000270 FITZGERALD_BENSON 000271 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj : INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 Like FTZ, CRYSTAL Bridge watchstanders (the Second Officer and an Able Bodied Seaman) did not contact the Master prior to the collision, did not sound at least five short blasts, and made no attempt to hail FTZ via bridge-to-bridge radio. CRYSTAL's navigation lights were illuminated, and CRYSTAL was in autopilot until just prior to impact. Prior to the collision, CRYSTAL watchstanders came out of autopilot and initiated a turn to starboard, too late to have adequate effect. Audio recordings from CRYSTAL' s Bridge reveal what is most likely the sound of a signal light being used to get FTZ' s attention just minutes before the collision. FTZ watchstanders did not recall seeing this signal light. FTZ sustained damage above and below the waterline, including the main deck, 01 , and 02 levels. Officer staterooms, including the CO's cabin, and SPY Radar Array rooms were severely damaged in the collision. FTZ also suffered major flooding in Berthing Compartments 1 and 2 (Berthing 1 and 2), and in the Number 1 Auxiliary Machinery Room (AUX 1). Following the collision, CRYSTAL continued turning to starboard in the direction of the MAERSK EVORA's track, resulting in an AIS collision alarm on the CRYSTAL's Furuno Radar Display. CRYSTAL then took evasive action to avoid a second collision with MAERSK EVORA. This explains the dynamic maneuvering of CRYSTAL which was reported in many media outlets. FTZ damage control efforts included containment of flooding, dewatering, and systems isolation. Power was lost to the forward part of the ship, including CIC, as a result of the collision itself, loss of # 1 Switchboard due to flooding in AUX 1, and electrical isolation by FTZ Damage Control Teams. By comparison, CRYSTAL suffered relatively minor damage and had no fatalities or injuries. Shortly after the collision, the FTZ Assistant Operations Officer (AOPS) made a call for assistance to Yokosuka Port Operations via an Iridium phone and an embarked Destroyer Squadron FIFTEEN (DESRON 15) Chief Petty Officer made notification to the DESRON 15 Staff Duty Officer via a personal cell phone. More than an hour after the incident, CRYSTAL returned to the vicinity of the collision, communicated with FTZ about the need to render assistance, and then ultimately departed the scene another hour later after getting concurrence from the Japanese Coast Guard (JCG) to proceed into Tokyo Bay. Two JCG ships and four JCG helicopters supported rescue and assistance efforts, specifically the air lift of three FTZ Sailors, including the C0, 3 and flew additional DESRON 15 personnel, including the Deputy Commodore, to FTZ to provide supervision and support. USS DEWEY 3 A fourth person (ENS Joseph White) was also on the medical evacuation fl ight as an escort for the CO. FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 15 This Page is Unclassified Enclosure BB Page 7 of 20 FITZGERALD_BENSON 000271 FITZGERALD_BENSON 000272 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 (DDG I 05) got underway from Commander Fleet Activities Yokosuka (CFAY) on the morning of 17 June 2017 to provide assistance and escort. At 1856 on 17 June 2017, FTZ returned to CFAY and moored at Berth 12. Damage control efforts continued into the night. Diving and initial assessments ensued shortly after arrival. Seven FTZ Sailors remained in a missing status, and so search and rescue operations in and around Sagami Wan continued. A second diving operation on the morning of 18 June 2017 recovered the unaccounted for seven Sailors from Berthing 2, bringing an end to search and rescue operations. FINDINGS OF FACT A. Background This section provides FTZ and CRYSTAL ship characteristics and FTZ leadership biographical information. It also provides CRYSTAL 's radar and navigational capabilities, and identifies CRYSTAL Bridge watchstanders on watch at the time of collision. FTZ equipment capabilities and watchstanders are addressed in detail in follow-on sections. USS FITZGERALD (DDG 62) I. USS FITZGERALD (DDG 62) (FTZ) is an Arleigh Burke-class destroyer. FTZ was launched in January 1994, and commissioned in October 1995. FTZ is 505 feet long, and displaces 8300 tons (full load). FTZ has two Certificates of Alternate Compliance, meaning that while her navigation light configuration does not conform to Annex I ofreference (b), she satisfies Rule I (e) of this reference. [Enclosures (8) and (9)] 2. FTZ's CO at the time of the collision was Commander Bryce Benson, USN. CDR Benson has been on active duty for 18 years. He assumed command on 12 May 2017. Prior to assuming command, CDR Benson served as the FTZ XO from 25 November 2015 to 11 March 2017 (approximately 16 months). His previous sea tours include USS WINSTON S. CHURCHILL (DDG 81), USS KAUFFMAN (FFG 59) and USS FORREST SHERMAN (DDG 98). In 2007, CDR Benson screened for the early command program and subsequently served as XO, then CO, of USS GUARDIAN (MCM 5), forward deployed from Sasebo Japan, 2008-2010. [Enclosure (10)] 3. On 11 July 2017, the DESRON 15 Commodore temporarily relieved CDR Benson as CO due to medical incapacity. [Enclosures (11) and (12)] 4. FTZ's former CO was CDR Robert Shu, USN. CDR Shu has been on active duty for 19 years. He assumed command on 15 December 2015. Prior to assuming command, CDR Shu FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 16 This Page is Unclassified Enclosure BB Page 8 of 20 FITZGERALD_BENSON 000272 FITZGERALD_BENSON 000275 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN2017 17. On the night of 10-11 May 2017, FTZ experienced a near-collision with a merchant vessel during her approach to Sasebo. At night, the OOD became confused by the surface contact picture and called the CO (CDR Shu) to the Bridge for assistance. The CO arrived on the Bridge and after determining a course of action to maneuver astern of the primary contact of interest, departed the Bridge. Over the next 16 minutes, the OOD navigated FTZ astern of the contact of interest. Upon clearing the stern, the OOD became immediately aware that another vessel was on the opposite side of the primary contact. The OOD sounded five short blasts and ordered all back full emergency to avoid collision. [Enclosures (24) - (28)] 18. On 6 June 2017, FTZ returned to Yokosuka for emergent repairs to #3 Switchboard. #3 Switchboard had suffered a fire due to operator error (the Electric Plant Control Console (EPCC) operator· paralleled the 1S and 3 S generators out of phase with each other during drills, causing the fire and resulting in a temporary loss of all power throughout the ship). Originally scheduled for a two day underway in late June in support of unit level training and a Midshipmen cruise, FTZ's schedule changed again in order to support C7F operations. [Enclosures (21) and (29)] C. 16 June 2017 - FTZ Bridge Perspective This section highlights FTZ's schedule of events on 16 June 2017 from liberty expiration to midnight. Of note, a detailed review of all available paper, audio, and electronic logs noted errors and omissions in the FTZ Deck and CIC logs. Thus, times listed are approximate, having been extrapolated from numerous sources, including crew interviews. Notes related to applicable COLREGS Rules, FTZ CO 's Standing Orders, and watchstander qualifications and experience are inserted where appropriate to add context. 19. On the morning of 16 June 2017 FTZ was moored at Pier 12, Commander Fleet Activities Yokosuka (CFA Y). At 0535, the XO arrived onboard. At 0600, liberty expired for all hands. At 0656, the CO arrived. [Enclosures (30) and (31)] 20. At 0900, FTZ held a navigation brief on the mess decks in preparation for the underway and anchorage. The navigation brief was in accordance with reference (c) requirements and included briefing slides on weather and astronomical data, the evolution timeline and harbor movements, required communications, the status of navigation equipment, tides, currents, track information, ground tackle status, engineering plant status, force protection, the intended anchorage location for ammunition onload, and operational risk management. [Enclosure (32)] 21. At 1030, FTZ stationed the Sea and Anchor Detail. FTZ was underway from Pier 12 at 1130 and anchored at A-12 anchorage at 1210 in preparation for ammunition onload. [Enclosure (30)] 22. The A-12 anchorage is located approximately 4000 yards northwest of CF A Y in Tokyo Bay at 35-18.8N, 139-40.9E. [Enclosure (30)] FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 19 This Page is Unclassified Enclosure BB Page 9 of 20 FITZGERALD_BENSON 000275 FITZGERALD_BENSON 000279 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT I7 JUN 20I7 38. At 2I45, OSI Rainford Graham relieved the watch as CIC Watch Supervisor (CICWS), and at 2I47, LT Natalie Combs relieved the watch as Tactical Action Officer (TAO). [Enclosures (37), (53), and (56)] a. OSI Graham qualified CICWS on 13 January 20IO onboard USS HAL YBURTON (FFG 40) and requalified onboard FTZ on 24 January 2017. OSI Graham stood watch as the Piloting Officer for both Sea and Anchor details. OS I took a nap (duration unknown) at 1800 prior to relieving the watch. [Enclosures (55) and (56)] b. LT Combs qualified as TAO on 2I March 2013 as a Second Tour Division Officer onboard USS MCCAMPBELL (DDG 85) and requalified onboard FTZ on 28 February 2017. At the time of the collision, LT Combs had not requalified OOD on FTZ. LT Combs was the TAO for both Sea and Anchor details. Because LT Combs invoked her Article 3l(b) rights, no additional information regarding rest prior to relieving the watch is known. [Enclosures (57) and (58)] 39. At 2153, LTJG Sarah Coppock relieved the watch as Officer of the Deck. [Enclosure (30)] a. LTJG Coppock qualified as OOD on 22 March 20I5 onboard USS ASHLAND (LSD 48) and requalified OOD onboard FTZ on I February 2017. LTJG Coppock had made this transit once prior during daylight hours. LTJG Coppock stood watch as SUWC (U/I) during both Sea and Anchor details and was a Safety Officer for the ammunition onload. LTJG Coppock rested, but did not sleep, approximately one hour prior to relieving the watch as OOD. Prior to relieving the watch, the OOD only toured CCS and CIC, not CSMC. LTJG Coppock had stood watch with the JOOD for approximately one week prior to this underway period. LTJG Coppock stated she was fatigued prior to assuming the watch as OOD. [Enclosures (52), (59), and(60)] 40. By 2200, all Bridge and CIC watchstanders had turned over with the exception of the Boatswain Mate of the Watch (BMOW) and the 2200-0200 Deck Seamen. The prevailing weather conditions held seas at one to three feet, wind from 030 at 27 knots with unrestricted visibility. Moomise occurred at 2330 with 69% illumination. FTZ was 2000 yards from land, conducting small boat operations to return ATG WESTPAC personnel ashore. [Enclosures (32) and (6I)] Note: The times for FTZ's small boat launch, recovery, and securing were not recorded in the Deck Log. By all accounts, small boat operations concluded at approximately 2300, shortly followed by securing the Modified Navigation Detail. [Enclosures (26), (41), (43), (56), and (60)] 41. At 2300, the CO left the Bridge. Prior to departing the Bridge, he approved the transit track from Sagami Wan to sea and told the OOD that the track separation leeway (without having to FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 23 This Page is Unclassified - - ---------- - Enclosure BB Page 10 of 20 FITZGERALD_BENSON 000279 FITZGERALD_BENSON 000284 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 53. As FTZ proceeded south-southwest in Sagami Wan from WP #1 to WP #2, the OOD observed what she perceived to be normal clutter on the SPS-73 out to about 4000 to 6000 yards from the center of the scope. The OOD adjusted the Fast Time Constant (FTC) and Sensitivity Time Constant (STC) controls to attempt to improve the radar picture. The O.OD did not make use of the SPS-67 using the SPA-25G during her watch. [Enclosure (71)] 54. At 0015, FTZ held two contacts on VMS, both of which FTZ was overtaking, and one of which was within 6000 yards. [Enclosure (71 )] a. The OOD did not make a contact report to the CO. [Enclosure (60)] b. The Bridge watchstanders did not generate any maneuvering board solutions. [Enclosures (43), (56), and (60)] c. The OOD did not share any information regarding these contacts with CIC. [Enclosure (60] d. The OOD did not communicate her maneuvering intentions to CIC. [Enclosure (60)] e. CIC held no track on these contacts and therefore did not generate a maneuvering board solution. [Enclosures (4 7) and (57)] 55. At 0022, FTZ maneuvered port to course 220, speed 20 knots. This course change was absent from the Deck Log. [Enclosures (30), (33), and (69)] 56. At 0033, FTZ maneuvered to course 215. This course change was absent from the Deck Log. [Enclosures (30), (33), and (69)] 57. At 0034, the OOD made a contact report to the CO. The report involved a group of four vessels passing FTZ on the port side, the closest of which had a CPA of 1500 yards on the port bow. The OOD stated her intent was for FTZ to maintain course and speed and the CO agreed. [Enclosures (60) and (63)] a. The Bridge watchstanders did not generate any maneuvering board solutions. · [Enclosures (43), (56), and (60)] b. The OOD did not share any information regarding these four contacts with CIC. [Enclosure (60)] c. The OOD did not inform CIC that she had called the CO to make a contact report. [Enclosure (60)] FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 28 This Page is Unclassified Enclosure BB Page 11 of 20 FITZGERALD_BENSON 000284 FITZGERALD_BENSON 000285 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 d. CIC had no track on these four contacts and therefore did not generate a maneuvering board solution. [Enclosures (47) and (57)] e. This was the only contact report the OOD made to the CO during her watch. [Enclosure (60)] 58. At 0054, FTZ maneuvered port to course 190, speed 20 knots. This course change was absent from the Deck Log. [Enclosures (30) and (69)] 59. At 0058, the OOD held five contacts on VMS. Three of those contacts would pass within 6000 yards of FTZ down the port side (all three were contacts inbound to Tokyo Bay similar to the previous four contacts for which she had called the CO at 0034). [Enclosure (63)] a. The OOD did not make a contact report to the CO. [Enclosure (60)] b. The Bridge watchstanders did not generate any maneuvering board solutions. [Enclosures (43), (56), and (60)] c. The OOD did not share any information regarding these contacts with CIC. [Enclosure (60)] d. The OOD did not communicate her maneuvering intentions to CIC. [Enclosure (60)] e. CIC held no track on these contacts and therefore did not generate a maneuvering board solution. [Enclosures (4 7) and (57)] 60. At 0100, FTZ was on course 190, speed 20 knots. Seas remained one to three feet, wind from 030T at 27 knots with unrestricted visibility. It was 1.5 hours past moomise, the moon was 17 degrees above the horizon, and illumination remained at 69%. CRYSTAL bore 223T from FTZ at a distance of 32000 yards. FTZ was just starting to present as an intermittent radar return on CRYSTAL's Furuno radar. [Enclosures (32), (61), (63), and (72)] 61. From approximately 0100 to 0120, the JOOD and CONN were on the port bridge wing observing contacts to port. [Enclosures (43) and (56)] 62. From approximately 0100 to 0120 FTZ should have been able to visually see the port aspect of three vessels broad on her starboard bow. Each was traveling eastward in the vicinity of the Mikomoto Shima VTSS, and each had an average closure rate with FTZ in excess of 30 knots. From nearest to furthest, these vessels were: [Enclosures (16) and (63)] FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 29 This Page is Unclassified Enclosure BB Page 12 of 20 FITZGERALD_BENSON 000285 FITZGERALD_BENSON 000340 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 violations by OI Division Sailors, including the Chief Petty Officer and Leading Petty Officer. [Enclosure (222)] 407. A number of crew reported to interviews in relaxed civilian attire (and had uniforms available), without proper grooming, and were unable to show basic military courtesies. The Senior Officer conducting the interview had to twice interrupt interviews to correct the poor military bearing of two Junior Officers, one of whom was a DH. When the CMC was questioned about FTZ standards, and was asked about the out of Navy regulation mustache of a specific Junior Officer, he admitted that others had spoken to him about the Officer's grooming standards, but admitted that no action had been taken. At the prompting of the Senior Investigating Officer, the Junior Officer shaved his mustache. [Enclosure (205)] Retention/Advancement 408. A review ofFTZ's command advancement percentages and retention rates (and other Command Career Counselor data) compared to Navy fleet-wide averages revealed no statistically relevant information. FTZ Command Career Counselor programs were assessed as compliant by DESRON 15 in June of2017. OPINIONS I. The collision between FTZ and CRYSTAL was avoidable. There are four root causes which Jed to the collision: a. The FTZ OOD demonstrated poor seamanship contrary to the International Rules of the Road. b. The FTZ Bridge and CIC Watchteams,jointly and individually, failed at the basic principles of Bridge Resource Management (BRM). c. The FTZ CO abdicated his responsibility for safe navigation during the outbound transit from Sagami Wan to the OOD. d. CRYSTAL's Second Officer demonstrated poor seamanship contrary to the International Rules of the Road. A. Root Causes of the Collision 2. The FTZ OOD, L TJG Coppock, demonstrated poor seamanship contrary to the International Rules of the Road. She hazarded her vessel and the lives of the men and women under her charge as OOD. Her deficiencies as OOD resulted in the death of seven FTZ Sailors. FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 84 This Page is Unclassified Enclosure BB Page 13 of 20 FITZGERALD_BENSON 000340 FITZGERALD_BENSON 000341 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 a. With respect to the Rules of the Road: (I) She failed to ensure FTZ maintained a proper lookout so as to make a full appraisal of the risk of collision with CRYSTAL (Rule 5). (2) She failed to ensure FTZ proceeded at a safe speed taking into account, among other things, the prevailing traffic density and the uncorrected existence of far-reaching clutter on her radar screen (Rule 6). (3) She failed to determine if a risk of collision existed with CRYSTAL by using all available means, including the SPS-67, visual monitoring for bearing drift, a maneuvering board, or help from CIC (Rule 7). (4) She failed to deem that risk of collision existed once faced with doubt as to that risk, which doubt she should have had following her inability to acquire CRYSTAL by radar (Rule 7). (5) She failed to make proper use of the fitted radar by not ensuring that the SPS-67 and SPS-73 were properly tuned and adjusted (Rule 7). (6) Once faced with difficulty in acquiring CRYSTAL with the SPS-73, she failed to make "equivalent systematic observation of detected objects" (Rule 7). (7) She failed to appreciate, by radar or visual observation, that CRYSTAL was on a constant bearing with a decreasing range, which observation would have led her to deem risk of collision to exist (Rule 7). (8) With ample time available to take positive action to avoid collision, she failed to take any such action (Rule 8). (9) She failed to keep out of the way of the vessel on FTZ's own starboard side, and failed to avoid crossing ahead of the WAN HAI 266, in her attempt to cross ahead of CRYSTAL (Rule 15). (I 0) Finally, the action taken to avoid collision was not early and substantial, and did not keep FTZ well clear of CRYSTAL (Rule 16). [FF 60-85, 95-100] b. Furthermore, the OOD failed to call the CO to the bridge, failed to communicate with and enlist the support of her watchteam (including CIC watchstanders), failed to use all available sensors to clarify the surface contact picture (including AIS), and made no attempt to contact CRYSTAL (or any other vessels), or use the navigable water readily available to avoid collision. FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 85 This Page is Unclassified Enclosure BB Page 14 of 20 FITZGERALD_BENSON 000341 FITZGERALD_BENSON 000342 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 Even given the additional leeway allowed by the 16 June 2017 Night Orders to navigate up to 1000 yards left or right of track without calling the CO, she failed to call the CO when she opened in excess of 1000 yards from track. On her first time to ever make this particular transit at night as OOD, she ultimately drove headlong into crossing maritime traffic in the vicinity of the Mikomoto Shima VTSS, averaging more than 30 knots of closure to multiple surface contacts for which FTZ would be the give-way vessel. [FF 60-85, 95-100] 3. The FTZ Bridge and CIC Watchteams, jointly and individually, failed at the basic principles of Bridge Resource Management (BRM). a. The FTZ OOD and her watchteam failed at BRM. Specifically: (I) Communication. The OOD failed to communicate with anyone~ the CO, her Bridge watchteam, CIC, or any of the merchant vessels whose bows she crossed (or intended to cross) or who had close-aboard CP As. (2) Teamwork. The OOD failed to use her other watchstanders as a team. She dismissed the other members of the Bridge watchteam, distrusted the SUWC' s watchstanding abilities and recommendations, and failed to seek the support of any other Bridge watchstanders as additional lookouts to help with contact management. (3) Decision making. Failing to communicate with anyone else and failing to use her watchstanders as a: team, the OOD resigned herself to being the sole decision-maker on her watch. In the final moments prior to collision, when there was still time to take effective action, she was indecisive about her contemplated tum to starboard to avoid collision. With no effective backup, she failed to take any avoiding action until just prior to impact. (4) Situational awareness. The entire Bridge team failed to comprehend that the prevailing merchant traffic flow would change dramatically as FTZ approached the eastern boundary of the Mikomoto Shima VTSS, and failed to use the tools available to understand their environment. The OOD relied exclusively on the SPS-73 radar to manage her surface contact picture from the Bridge. The JOOD and CONN spent an excessive period oftime on the port bridge wing observing passed and opening traffic. No Bridge watchstanders made effective use of either AIS information or the SPS-67 radar return on the SPA-25G radar repeater during their entire watch. In the critical 10 minutes prior to collision, this complete lack of situational awareness by the entire Bridge watchteam Jed to shock, confusion, indecision, and ultimately panic as they suddenly became aware of CRYSTAL bearing down on them at more than 18 knots at extremely close range. (5) Fatigue. The OOD and the majority of her watchteam were excessively fatigued. FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 86 This Page is Unclassified Enclosure BB Page 15 of 20 FITZGERALD_BENSON 000342 FITZGERALD_BENSON 000343 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 The majority of both Bridge and CIC watchstanders had little to no rest of any rejuvenating value prior to standing their 2200-0200 watches. [FF 33, 36, 39, 49-85, 95-100] (6) The executive summary of the Surface Safety Instruction succinctly summarizes the BRM failures of the OOD leading to the collision: "It is difficult for any one individual to identify, evaluate and mitigate all the risks in complex or brand new situations. This leaves us vulnerable to accidents and major events resulting from a combination of seemingly minor individual errors." - CNSP/CNSLINST 5100.lA dtd 26Mar15 b. The JOOD, LT Parker, a qualified and experienced OOD from a previous ship, was derelict in the performance of her duties by failing to provide any forceful backup to the OOD. A full 10 minutes prior to the collision, when she asked the OOD if she was tracking the vessel on FTZ's starboard side, and the OOD responded in the affirmative stating that it had a 1500 yard CPA abeam ofFTZ, her only forceful back up was to respond, "I don't think so." This was hardly the kind of forceful backup expected of an experienced watchstander. [FF 36, 50, 52, 54, 57,59,61,64, 73, 75, 77] c. While ENS Womack's experience was limited, and he was standing his first watch as a qualified FTZ CONN, he nevertheless failed to provide any forceful backup to the OOD. Further, his competence as a lookout to evaluate contacts at night is poor. [FF 37, 50, 52, 54, 57, 59, 61, 64, 77, 82] d. The Tactical Action Officer (TAO), LT Combs, and her watchteam failed as completely as the OOD and her watchteam. As a TAO, the FTZ Operations Officer, and the most senior person on watch during the collision, her performance was significantly below standards. She was derelict in the performance of her duties by failing in her duty as a primary advisor, supervisor, and mentor to the OOD. Given that FTZ was too close to land to radiate the SPY-lD radar, the TAO was free to dedicate her complete focus and attention on supporting the Bridge watchteam as it negotiated a night time transit out of Sagami Wan in moderately dense traffic. Based on her complete Jack of situational awareness, her complete lack of interaction with the OOD and her watchteam, and the volume of paperwork discovered in the vicinity of the TAO seat following the collision, she was most likely consumed and distracted by a review of Operations Department paperwork for the three and a half hours of her watch prior to collision vice standing a professional, vigilant watch. [FF 39, 50-52, 54, 57, 59, 62, 64, 77, 86-89, 92, 343-345] e. The Surface Warfare Coordinator (SUWC), LT Woodley, and Surface Watch Supervisor (SWS), OS2 Stawecki, were derelict in the performance of their duties in leading the Surface Watch Team in that they failed to maintain an accurate surface contact picture. The SUWC FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 87 This Page is Unclassified Enclosure BB Page 16 of 20 FITZGERALD_BENSON 000343 FITZGERALD_BENSON 000344 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 demonstrated no situational awareness for the expected navigation track, was unaware of the existence of VTSSs, had no navigational understanding of the expected flow of traffic, and made no effective use of AIS to support his situational awareness. Both the SUWC and SWS simply accepted the challenges that the clutter on the SPS-67 radar return presented them and accepted that manual tracking was the norm because of a concern that using the auto-tracking feature would crash the system. Fundamentally, the Surface Watch Team allowed FTZ to effectively navigate in the blind from CIC, and CIC leadership passively accepted that "it was a quiet night." [FF 33, 36, 50-52, 54, 57, 59, 62, 64, 77, 86-89, 91-94, 343, 346, 347] f. The Combat Information Center Watch Officer (CICWO), LTJG Moncravie, and the Combat Information Center Watch Supervisor (CICWS), OSl Graham, were derelict in the performance of their duties to properly supervise subordinate watchstations in CIC, specifically the Surface Watch Team. The CICWO and CICWS contributed nothing to the safe navigation of FTZ other than recording the ship's position every 15 minutes. Further, the CICWO and CICWS failed to forcefully back up the TAO or Surface Watch Team or demonstrate a questioning attitude with respect to the number and close range of SPS-73 contacts being tracked by the OOD on the Bridge (and being displayed on VMS in CIC) compared to contacts being tracked by the CIC Surface Watch Team. [FF 36, 38, 50-52, 54, 57, 59, 62, 64, 77, 86, 87, 89, 90, 343, 348-350] g. The Combat Systems Coordinator (CSC), FCAC Johnson, was derelict in the performance of his duties in that he provided zero forceful backup to the TAO or Surface Watch Team by failing to monitor, or even consider monitoring, the SPS-67 radar return on his console. [FF 36, 50,52,54,57,59,60,64, 77,343,352,357] 4. The FTZ CO was derelict in the performance of his duties and hazarded his vessel and the lives of the men and women entrusted to his care by abdicating his responsibility for safe navigation to the OOD. It is inexplicable that neither he, nor his XO, were on the Bridge for his first outbound Yokosuka transit as CO, at night, in close proximity to land, and expecting moderately dense fishing and merchant traffic. He should have been aware of the experience level of his Bridge watchteam, and that his watchstanders were at least as fatigued as he was from a long day of operations without sufficient rest. He not only failed to put mitigations in place to account for the prevailing circumstances and conditions, but doubled the leeway given to the OOD to maneuver left or right of track to avoid traffic. His decision to order 20 knots created a false sense of urgency, and was not in accordance with Rule 6 (Safe Speed) of the International Rules of the Road by failing to account for dynamic changes in the prevailing circumstances and conditions for safe speed as the ship approached the eastern end of the Mikomoto Shima VTSS. [FF 41, 44] 5. CRYSTAL's Second Officer demonstrated poor seamanship contrary to the International Rules of the Road. With respect to the Rules of the Road: FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 88 This Page is Unclassified Enclosure BB Page 17 of 20 FITZGERALD_BENSON 000344 FITZGERALD_BENSON 000345 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 a. He failed to maintain a proper lookout so as to make a full appraisal of the risk of collision with FTZ (Rule 5). b. He failed to determine if a risk of collision with FTZ existed by using all available means (Rule 7). c. He failed to appreciate, by radar or visual observation, that FTZ was on a constant bearing with a decreasing range, which observation would have led him to deem risk of collision to exist (Rule 7). d. With ample time available to take positive action to avoid collision, he failed to take any such action (Rule 8). e. He failed to maintain course and speed by turning to port (in accordance with CRYSTAL's voyage plan) despite the risk of collision (Rule 17). f. He failed to take action to avoid collision once it became apparent that action by FTZ alone would not avoid the collision (Rule 17). g. He failed to give at least five short and rapid blasts on CRYSTAL's whistle once in doubt as to whether FTZ was taking action to avoid collision (Rule 34). h. In addition, the Second Officer failed to follow CRYSTAL's Standing Orders by failing to call the Master when FTZ's CPA was within one nautical mile and failing to take frequent and accurate compass bearings of FTZ to detect the risk of collision. [FF 63, 65, 68, 70-72, 77, 80, 84, 85,96, 100, 103-105] B. Contributing Causes of the Collision 6. Lack of forceful backup from the XO. The XO was derelict in the performance of his duties by failing to provide forceful backup to the CO. He failed to properly account for the impact of setting a 0600 liberty expiration time in advance of a known schedule that fatigued a significant number of his watchstanders, particularly his 2200-0200 Bridge and CIC watchstanders. Like the CO, he departed the Bridge on completion of small boat operations after 2300, and there is no evidence he provided contrary counsel to the CO on the experience of the Bridge watchteam, safe speed for the outboard transit or navigating with caution in the vicinity of any VTSSs. Ultimately, he failed to follow his own 16 June 2017 Night Orders advice: "Watch each other and make sure everyone is focused ... get back into the mindset where you are watching all contacts closely ... " [FF 19-26, 41-44] FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 89 This Page is Unclassified Enclosure BB Page 18 of 20 FITZGERALD_BENSON 000345 FITZGERALD_BENSON 000346 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 7. Poorly Designed Navigation Track. The Navigator and the Assistant Navigator (QMl Clark) were derelict in the performance of their duties in that they planned an outbound navigation track to avoid setting the Modified Navigation Detail. The CO approved this track. While the track maximized distance from land, the Navigator failed to provide forceful backup to the CO and XO by not taking into consideration the expected traffic density and flow, purposefully designing a track which created multiple, challenging crossing situations at night by cutting across the eastern end of the Mikomoto Shima VTSS. [FF 43,44] 8. Fatigue. The FTZ command leadership triad allowed fatigue to be a contributing cause to the collision by not managing the Plan of Day and corresponding watchbills to allow their Sailors to be sufficiently rested for watch in accordance with the CO's Standing Orders. [FF 19-26] 9. CO/XO Bridge/CIC Mentorship. While there is no standard for how much timea CO and XO should spend on the bridge, it is the opinion of the Investigating Officer that the time spent by the CO (both CD Rs Shu and Benson) and the XO (both CD Rs Benson and Babbitt), particularly between taps and reveille, was not commensurate with their responsibilities for safe navigation. This is particularly evidenced by the demonstration of poor watchstanding principles and practices on 16-17 June. [FF 41, 326, 338-341, 366-372] 10. FTZ leadership (and by extension DESRON 15) was overconfident in the command's abilities. FTZ undoubtedly overachieved by her solid participation in the DESRON's 2017 multi-sail event so soon after sea trials. While on patrol for over three months following the multi-sail, FTZ operated without the normal ATG and ISIC checks and balances afforded to ships as part of routine Surface Force Readiness Manual training events following an extended availability. [FF 11-16, 18, 261-285] 11. Lack ofQMC. While FTZ's manning (using the Fit/Fill/NEC methodology) does not meet FDNF requirements, this was not a cause of the collision. However, the gapped QMC billet is considered a contributing cause. Although qualified as Assistant Navigator, QM! Clark's level of knowledge is poor, particularly with respect to VMS functionality. Additionally, and as noted in the command culture section which follows, the FTZ Deck Log for 16-1 7 June 2017 is inaccurate and below Navy standards. [FF 255-260] 12. Level ofknowledge/PQS Program. Qualifications of Bridge and CIC watchstanders on watch at the time of the collision were found to be in place. While PQS Program deficiencies are not a contributing factor, the general level of knowledge demonstrated in the course of this investigation was poor, calling into question the effectiveness of the PQS process. Of particular concern, the level of knowledge ofLTJG Moncravie, the on-watch CICWO, was inadequate. [FF 264-268 and 373-386] FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 90 This Page is Unclassified Enclosure BB Page 19 of 20 FITZGERALD_BENSON 000346 FITZGERALD_BENSON 000347 FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT Subj: INVESTIGATION INTO THE COLLISION AT SEA BETWEEN USS FITZGERALD (DDG 62) AND ACX CRYSTAL ON OR ABOUT 17 JUN 2017 13. Training. The FTZ training program is not being planned, executed, or administered in accordance with CNSF policies by the XO. In particular, FTZ's failure to complete all Navigation, Seamanship, and Shiphandling training requirements is considered a contributing cause. [FF 281-290] 14. Rules of the Road Knowledge. As led by the CO and XO and managed by the Navigator, level of knowledge with respect to the International Rules of the Road onboard FTZ is particularly poor. Further, it is the opinion of the Investigating Officer that multiple choice tests do not sufficiently test comprehension of the Rules of the Road, nor do they establish a proper foundation for their application. Based on the experience of the Investigation Team (which included six qualified SWOs) and the findings of fact, this is assessed as a Fleet-wide issue. [FF 281-286, 373, 374] 15. Material Deficiencies/Complacency. The accumulation of material deficiencies in equipment used for safe navigation contributed to the collision. [FF 291, 299, 300] a. First, the material deficiencies themselves contributed to a lack of situational awareness on the part the watchstanders, particularly the SUWC and SWS. [FF 311] b. Second, because of the long standing and/or persistent nature of some of these deficiencies, they contributed to poor overall watchstander level of knowledge on some of the specific capabilities and advanced functionality of vital safety of navigation equipment. [FF 51 and 53] c. Third, this combination of deficiencies contributed to a culture of complacency, of accepting problems, and a dismissal of the use of some of the most important, modem equipment used for safe navigation. Specific examples follow: (1) Use of the AIS laptop with a geographic display. Because the AIS laptop is only used by the SUWC onboard FTZ, Bridge watchstanders appear to place no relative value on or understand the importance of the AIS geographic display. By its position relative to the SUWC console in CIC, behind the computer console used for chat by the SUWC and out of view unless the SUWC moves, AIS is clearly considered a secondary situational awareness tool. Additionally, because the AIS laptop was out of commission for the much of FTZ' s ·four month patrol between February and June 2017, some FTZ SUWCs seem to have concluded it unnecessary to stand an effective watch. [FF 304, 375, 376] (2) It is highly likely the SPS-67 had been in Long Pulse for the majority, if not all, of the entire year, due to the degraded Radar Set Control and the lack of a Temporary Standing Order (TSO) to account for it. This deficiency would account for the fact that so many CIC FOR OFFICIAL USE ONLY: LITIGATION/ATTORNEY WORK PRODUCT 91 This Page is Unclassified Enclosure BB Page 20 of 20 FITZGERALD_BENSON 000347 FITZGERALD_BENSON 017694 From: To: Subject: Date: Sensitivity: Moran, William F ADM, OPNAV, VCNO Bill Moran FW: Intentions on FTZ Accountability Friday, August 11, 2017 7:40:00 Personal -----Original Message----From: Swift, Scott H ADM COMPACFLT, N00 Sent: Thursday, August 10, 2017 10:05 PM To: Moran, William F ADM, OPNAV, VCNO; Davidson, Philip S ADM USFF, N00 Cc: Crawford, James W VADM JAG; Rexrode, Timothy A CAPT OPNAV, N09; Carter, Matthew J RADM COMPACFLT, N01; Renshaw, Curt CAPT OPNAV, VCNO Subject: RE: Intentions on FTZ Accountability VCNO,         Tracking all from here.  Will make sure all understand the plan and are fully supporting. ATB, Notso ADM Scott H. Swift Commander, U.S. Pacific Fleet -----Original Message----From: Moran, William F ADM, OPNAV, VCNO Sent: Thursday, August 10, 2017 1:11 PM To: Swift, Scott H ADM COMPACFLT, N00; Davidson, Philip S ADM USFF, N00 Cc: Crawford, James W VADM JAG; Rexrode, Timothy A CAPT OPNAV, N09; Carter, Matthew J RADM COMPACFLT, N01; Renshaw, Curt CAPT OPNAV, VCNO Subject: RE: Intentions on FTZ Accountability Importance: High Notso, Spoke with CNO....he's ready to move forward with Joey's intended accountability actions as laid out below, with the understanding that these actions are initial responses based on the investigation which is still underway and that further actions may be taken as the endorsement process is completed.  CNO believes we should move at speed to ensure we are accommodating the health care requirements for CDR Benson while also ensuring all necessary notifications are made (families, PSM's, SN/SD, NSC, etc...) along with a media statement -- all being mapped out and coordinated with OLA, CHINFO and your team. OPT Lead (CAPT Tim Rexrode) is putting together an aggressive timeline for notifications to support a mid-week next week NJP notification/start.  I will get you the "POA&M" by COB tomorrow if not much earlier.  More to follow.  Thanks for the call earlier. VR, Bill -----Original Message----From: Swift, Scott H ADM COMPACFLT, N00 Sent: Wednesday, August 09, 2017 9:42 PM Enclosure C Page 1 of 2 FITZGERALD_BENSON 017694 FITZGERALD_BENSON 017695 To: Richardson, John M ADM CNO Cc: Moran, William F ADM, OPNAV, VCNO; Crawford, James W VADM JAG Subject: Intentions on FTZ Accountability CNO, VCNO and Jim,         For your consideration, below the tearline is a brief summary of C7F's intentions on FTZ accountability.   Joey and I discussed his intentions over TANDBERG today.  After considering in detail all the options available I support his proposed actions fully.   The Dual Purpose Investigation/JAGMAN necessitates holding members of the FTZ accountable for their failures in Leadership, Navigation, Seamanship and Shiphandling.           I wanted to pass this information along to this small distro before sending out the formal notification to a wider audience on SIPR.  Joey intends to hold Admiral's Mast next week to afford time for the CO to execute his orders in August.         Once I hear back that you have reviewed the below, I will send out the formal notification over SIPR to all stakeholders, you gentlemen as well.          CNO, I believe you are out of the office through the week, so please let me know if you would prefer I send the formal notification encrypted on NIPR vice SIPR for ease of access.         Standing by for any questions or guidance you might have. Very Respectfully, Notso ADM Scott H. Swift Commander, U.S. Pacific Fleet -------------------------------------------------------------------------------1.  CDR Bryce Benson, CO: NJP (Dereliction of Duty and Hazarding a Vessel) and DFC 2.  CDR Sean Babbit, XO: DFC 3.  CDR Robert Shu, Former CO: Matter of interest in record         4.  CMDCM Brice Baldwin, CMC: DFC and removal of Command Senior Enlisted NEC code 5.  LTJG Sarah Coppock, OOD: NJP (Dereliction of Duty and Hazarding a Vessel), DFC and recommend removal of SWO designator 6.  LT Natalie Combs, TAO: NJP (Dereliction of Duty), DFC and recommend removal of SWO designator 7.  LT Raven Parker, JOOD: NJP (Dereliction of Duty), DFC and revocation of DH recommendation 8.  LT Irian Woodley, SWC: NJP (Dereliction of Duty and Hazarding a Vessel) and DFC 9.  LTJG William Couch, NAV: NJP (Dereliction of Duty)         10.  LTJG Barada Moncravie, CIC Watch Officer: NJP (Dereliction of Duty) and DFC 11.  ENS Francis Womack, CONN: Letter of Instruction and requalify for bridge watchstanding 12.  FCAC Jeremy Johnson, CSO: NJP (Dereliction of Duty)         13.  OS1 Rainford Graham, CIC Watch Supervisor: NJP (Dereliction of Duty)         14.  QM1 Carlos Clark, QM of the Watch/Assistant NAV: Letter of Instruction         15.  OS2 Matthew Stawecki, SWS:  Letter of Instruction and requalify as SWS Enclosure C Page 2 of 2 FITZGERALD_BENSON 017695 U.S. Navy, citing poor seamanship, removes commanders of warship in deadly crash World Business Markets Politics TV U.S. Page 1 of 5 Search... AUGUST 17, 2017 / 6:21 PM / 9 MONTHS AGO U.S. Navy, citing poor seamanship, removes commanders of warship in deadly crash Idrees Ali, Tim Kelly 4 MIN READ WASHINGTON/TOKYO (Reuters) - The U.S. Navy has removed the two senior officers and the senior enlisted sailor on a U.S. warship that almost sank off the coast of Japan in June after it was struck by a Philippine container ship, the Navy said on Friday. Enclosure D Page 1 of 22 https://www.reuters.com/article/us-usa-navy-asia/u-s-navy-citing-poor-seamanship-remove... 5/16/2018 U.S. Navy, citing poor seamanship, removes commanders of warship in deadly crash Page 2 of 5 FILE PHOTO : The Arleigh Burke-class guided-missile destroyer USS Fitzgerald, damaged by colliding with a Philippine-flagged merchant vessel, is seen at the U.S. naval base in Yokosuka,, Japan June 18, 2017. REUTERS/Toru Hanai/File Photo Multiple investigations have yet to apportion blame for the accident that killed seven U.S. sailors aboard the guided missile destroyer the USS Fitzgerald. However, the punishments are the first public admission by the U.S. Navy that mistakes by the crew contributed to the deadliest incident on a U.S. warship since Islamist extremists bombed the USS Cole in Yemen’s Aden harbor in 2000. “The collision was avoidable and both ships demonstrated poor seamanship. Within Fitzgerald, flawed watch stander teamwork and inadequate leadership contributed to the collision,” the U.S. Seventh Fleet said in a media release. In the first detailed account from one of those directly involved in the collision in the early hours of June 17, the captain of the cargo ship the ACX Crystal said in a report seen by Reuters his crew signaled the Fitzgerald with flashing lights around 10 minutes before the collision. The Fitzgerald did not respond or alter course, it said.. The commercial vessel had the right-of-way under maritime rules and the Fitzgerald, which was hit on the starboard side, was likely at fault. Enclosure D Page 2 of 22 https://www.reuters.com/article/us-usa-navy-asia/u-s-navy-citing-poor-seamanship-remove... 5/16/2018 U.S. Navy, citing poor seamanship, removes commanders of warship in deadly crash Page 3 of 5 Several U.S. and Japanese investigations are still under way into how the Fitzgerald and the much larger ACX Crystal collided in clear weather south of Tokyo Bay. One pertinent question, said two naval officers who spoke on condition of anonymity, is what was happening at the time in the Fitzgerald’s Combat Information Center, where crew members monitor radar that should have detected the approach of a 30,000-ton cargo vessel. Commander Bryce Benson was relieved “due to a loss of confidence in his ability to lead”, the Seventh Fleet said. Commander Sean Babbitt and Master Chief Petty Officer Brice Baldwin “contributed to the lack of watch stander preparedness and readiness that was evident in the events leading up to the collision”, it said. Several other junior officers have also been relieved, with administrative action taken against other members of the ship’s watch teams. “SERIOUS MISTAKES” Admiral Bill Moran, deputy chief of naval operations, told a media briefing earlier in Washington that about nine sailors would face administrative punishments. “Serious mistakes were made by members of the crew, and there was no benefit to waiting on taking accountability actions,” Moran said. Enclosure D Page 3 of 22 https://www.reuters.com/article/us-usa-navy-asia/u-s-navy-citing-poor-seamanship-remove... 5/16/2018 U.S. Navy, citing poor seamanship, removes commanders of warship in deadly crash Page 4 of 5 An official report released on Thursday contained dramatic accounts of what happened when the freighter hit the Fitzgerald. The collision, at 1:30 a.m. local time, tore a gash below the Fitzgerald’s waterline and sent water pouring into the warship, the report said. “Water on deck,” sailors in a berthing area started yelling. “Get out,” they shouted as mattresses, furniture, and even an exercise bicycle began to float. The berthing was completely flooded within 60 seconds, although more than two dozen of the 35 sailors in it escaped. The last sailor to be rescued was in the bathroom at the time of the collision. “Lockers were floating past him, ... at one point he was pinned between the lockers and the ceiling of Berthing 2, but was able to reach for a pipe in the ceiling to pull himself free,” the report said. Two sailors stayed at the foot of the ladder in the compartment to help others escape. “The choices made by these two sailors likely saved the lives of at least two of their shipmates,” the report said. Benson was trapped in his cabin and five sailors used a sledgehammer to break through the door. “Even after the door was open, there was a large amount of debris and furniture against the door, preventing anyone from entering or exiting easily,” the report said. Enclosure D Page 4 of 22 https://www.reuters.com/article/us-usa-navy-asia/u-s-navy-citing-poor-seamanship-remove... 5/16/2018 U.S. Navy, citing poor seamanship, removes commanders of warship in deadly crash Page 5 of 5 The sailors tied themselves to each other with a belt and rescued Benson, who was hanging from the side of the ship. Reporting by Idrees Ali in WASHINGTON and Tim Kelly in TOKYO; Editing by Yara Bayoumy, John Walcott, Leslie Adler and Paul Tait Our Standards: The Thomson Reuters Trust Principles. Enclosure D Page 5 of 22 https://www.reuters.com/article/us-usa-navy-asia/u-s-navy-citing-poor-seamanship-remove... 5/16/2018 0123124105 677ÿ9 ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ!!" ())ÿ+,-./0123456ÿ30240167,8ÿ109:;04ÿ<1:9 -70,1ÿ4=-,06ÿ:;01ÿ>=?0ÿ@:33,6,:? [\ÿ]\D^ÿ[R_`^FPÿabb ABCDEFCÿHIJKÿLMÿNOPÿQRSÿLTUTVEÿWXPÿYKWZ œžŸž ¡ÿž£¤¥Ÿž¦ Ÿž§ÿ̈¡ ©¤¥ÿª £«ÿ¬§­ÿ®­ ¥¯ÿ±Š™Š² cdeefÿhÿijkÿmnoopqrsqtÿnumkvwÿkxkmyzs{kÿnumkvÿpqrÿ kqsnvÿqnq}mnoos snqkrÿnumkvÿn~ÿzjkÿ€€ÿsz‚tkvpƒr jp{kÿ„kkqÿvkon{krÿ~vnoÿzjksvÿryzsk ÿ~nvÿmpy kÿposrÿzjkÿ~pƒƒnyzÿ yvvnyqrsqtÿzjkÿrkprƒ…ÿmnƒƒs snqÿ„kz†kkqÿzjkÿ€€ sz‚tkvpƒrÿpqrÿpÿmpvtnÿ js‡ÿnˆÿzjkÿmnp zÿn~ÿ‰p‡pqÿnqÿ‰yqkÿŠ‹Œ Žk{kÿƒn zÿzvy zÿpqrÿmnqrkqmkÿsqÿzjksvÿp„sƒsz…ÿznÿƒkprÿsqÿzjn kÿ‡n szsnq ÿpqrÿzjk…ÿ†sƒƒÿqnzÿvkzyvqÿznÿzjkÿ js‡wÿ‘smk ’jsk~ÿn~ÿ“p{pƒÿ”‡kvpzsnq ÿ•roŒÿŽsƒƒspoÿ–nvpqÿznƒrÿvk‡nvzkv ÿpzÿzjkÿ—kqzptnqÿƒpzkÿijyv rp…Œÿijkÿ‹zjÿƒkkzÿpƒ nÿ psr k{kvpƒÿ˜yqsnvÿnumkv ÿ†kvkÿvkƒsk{krÿn~ÿryz…Œ Žjsƒkÿzjkÿqpƒÿsq{k zstpzsnqÿsqznÿzjkÿmnƒƒs snqÿs ÿnqtnsqtwÿ–nvpqÿ psr™ÿŽkÿrnÿqnzÿjp{kÿznÿjp{kÿzjkÿsq{k zstpzsnq mno‡ƒkzkÿznÿ zpvzÿzjkÿ‡vnmk Œ ijkÿsz‚tkvpƒr ÿmnoopqrsqtÿnumkvwÿ’rvŒÿšv…mkÿškq nqwÿpqrÿzjkÿkxkmyzs{kÿnumkvwÿ’rvŒÿ€kpqÿšp„„sszwÿ†kvkÿ„nzj ƒkk‡sqtwÿpqrÿzjkÿop zkvÿmjsk~ÿ‡kzz…ÿnumkvwÿšvsmkÿšpƒr†sqwÿ†kvkÿqnzÿnqÿzjkÿ„vsrtkÿpzÿzjkÿzsokÿn~ÿzjkÿmnƒƒs snqw pmmnvrsqtÿznÿzjkÿ“p{…Œ ijkÿ„n†ÿn~ÿzjkÿmpvtnÿ js‡ÿrsvkmzƒ…ÿ zvym›ÿzjkÿmnoopqrkv ÿmp„sqwÿpmmnvrsqtÿznÿzjkÿ“p{… ÿvk‡nvzÿrkzpsƒsqtÿzjk sookrspzkÿp~zkvopzjÿn~ÿzjkÿmnƒƒs snqŒ #22$$$% % 2410&21520&2 2 2 '% Enclosure D Page 6 of 22 024 0123124105 677ÿ9 ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ!!" 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In addition to Cmdr. Bryce Benson, the CO who was injured when the ACX Crystal struck the ship on June 17, the executive officer, Cmdr. Sean M. Babbitt, and Command Master Chief Brice A. Baldwin will also undergo nonjudicial punishment this week, Vice Chief of Naval Operations Adm. Bill Moran said Thursday. The command triad will be detached from the Fitzgerald once the disciplinary proceedings are finished, Moran said. Moran discussed the disciplinary measures Thursday after the release of a 41-page investigation (https://partnermco-archive.s3.amazonaws.com/client_files/1503000639.pdf) into the crew’s harrowing response to the catastrophe. The report does not offer any details about the events leading up to the collision, which have not been made public, Enclosure D Page 8 of 22 https://www.navytimes.com/news/your-navy/2017/08/17/fitzgerald-co-other-sailors-to-be-... 2/16/2018 Fitzgerald’s CO and sailors standing watch face discipline in fatal collision Page 2 of 10 (/news/your-military/2017/08/17/water-on-deck-get-out-the-navys-official-report-of-thefitzgeralds-catastrophe-at-sea/) ‘Water on deck!‘ ‘Get out!‘ — The Navy's official report of the Fitzgerald's catastrophe at sea (/news/your-military/2017/08/17/water-on-deck-get-out-the-navys-official-reportof-the-fitzgeralds-catastrophe-at-sea/) Sailors had less than a minute to escape as seawater blasted through a massive hole in the destroyer Fitzgerald after a container ship struck its starboard side on June 19. By: Geoff Ziezulewicz Enclosure D Page 9 of 22 https://www.navytimes.com/news/your-navy/2017/08/17/fitzgerald-co-other-sailors-to-be-... 2/16/2018 Fitzgerald’s CO and sailors standing watch face discipline in fatal collision Page 3 of 10 Benson was trapped in his quarters after the Crystal struck the Fitz’s starboard side, and he was found hanging from the side of the ship, according to a Navy report released Thursday (http://www.navytimes.com/news/yourmilitary/2017/08/17/water-on-deck-get-out-the-navys-official-report-of-the-fitzgeralds-catastrophe-at-sea/). Sign up for the Navy Times Daily News Roundup Don't miss the top Navy stories, delivered each afternoon Subscribe He was relieved of command earlier this summer. Navy officials said at the time that the relief was so that Benson could recover from his injuries. Enclosure D Page 10 of 22 https://www.navytimes.com/news/your-navy/2017/08/17/fitzgerald-co-other-sailors-to-be-... 2/16/2018 Fitzgerald’s CO and sailors standing watch face discipline in fatal collision Page 4 of 10 (https://www.navytimes.com/news/your-navy/2017/06/17/the-stricken-destroyer-fitzgerald-hasreturned-home-but-7-sailors-are-still-missing/) The stricken destroyer Fitzgerald has returned home, but 7 sailors are still missing (https://www.navytimes.com/news/your-navy/2017/06/17/the-stricken-destroyerfitzgerald-has-returned-home-but-7-sailors-are-still-missing/) Divers will assess the damage and try to access spaces that flooded when Fitzgerald collided with a merchant ship four-times its size. By: David Larter Seventh Fleet head Vice Adm. Joseph Aucoin has completed NJP proceedings for one Fitz sailor this week and is expected to conduct similar proceedings for the others on Friday in Japan, Moran said. Moran declined to say whether the triad will face administrative separation from the Navy. Other sailors slated to be disciplined include “people that were on watch that night,” he said. Moran said “the bridge lost situational awareness” before the Crystal struck the destroyer at about 1:30 a.m. local time off the coast of Japan. The rate of closure and lack of maneuver space meant there was “not enough time nor room” to avoid a collision, he said. Moran declined to say whether any alarm sounded before the collision. A timeline of events in the line of duty report released Thursday makes no mention of any pre-collision alarm, but states that the Fitzgerald sounded “a collision alarm for two seconds” two minutes after impact. The Navy generally does not disclose the identifies of those who undergo non-judicial punishment. Other Navy investigations regarding who was at fault in the collision remain ongoing, and Moran declined to discuss the details. He said that disciplining Fitzgerald sailors does not indicate the destroyer’s crew was solely at fault. “We don’t know yet whether the Fitzgerald is fully responsible for the mishap,” he said. “But we know mistakes were made.” More disciplinary actions could come about as investigations continue, Moran said. Enclosure D Page 11 of 22 https://www.navytimes.com/news/your-navy/2017/08/17/fitzgerald-co-other-sailors-to-be-... 2/16/2018 Fitzgerald’s CO and sailors standing watch face discipline in fatal collision Page 5 of 10 The portions of a line of duty investigation released Thursday are generally used to determine what happened for the sake of survivor’s benefits. The Navy has completed its safety investigation into the fatal collision. The sea service’s third investigation into the incident involves which parties were at fault, as well as any potential monetary settlements, Moran said. “It is not over,” he said. “We’ve got a ways to go.” Moran said Chief of Naval Operations Adm. John Richardson would fully explain what happened after the investigations are completed. He estimated that such a public explanation would come “weeks from now.” Benson took command of the Fitzgerald less than a month before the fatal incident. Babbitt came aboard in March, while Baldwin had been on the Fitzgerald since 2014, according to Navy records. Recommended for you Services, DoD offer options to reduce military moves The Navy just approved the military's best tattoo rules (http://www.navytimes.com/paybenefits/2018/02/15/services-dod-offer-options-toreduce-military-moves/?utm_source=clavis) (http://www.navytimes.com/news/yournavy/2016/03/31/the-navy-just-approved-themilitary-s-best-tattoo-rules/?utm_source=clavis) Report: EMALS might not be ready for the fight US forces in Syria destroy pro-Assad tank after second attack in a week (http://www.navytimes.com/news/yournavy/2018/02/16/report-emals-might-not-beready-for-the-fight/?utm_source=clavis) (http://www.navytimes.com/flashpoints/2018/02/13/us forces-in-syria-destroy-pro-assad-tank-aftersecond-attack-in-a-week/?utm_source=clavis) Around The Web &utm_medium=referral&utm_content=alternating-thumbnails-a:Below Article Thumbnails:) &utm_medium=referral&utm_content=alternating-thumbnails-a:Below Article Thumbnails:) &utm_medium=referral&utm_content=alternating-thumbnails-a:Below Article Thumbnails:) (https://tophatter.com/? categories=electronics&ad_id2=4d0c31&ad_creative_id=aco0014&ad_image=6f234e5bfbe57761a32df52fb8463dc31.jpg&ad_title=%7B% Enclosure D Page 12 of 22 https://www.navytimes.com/news/your-navy/2017/08/17/fitzgerald-co-other-sailors-to-be-... 2/16/2018 0123124105 678ÿ6 7ÿ ÿ7 ÿ ÿ 8ÿ ÿ ÿ 7 7 ÿ ÿ 8 ÿ ÿ ÿ7 ÿ ! ÿ"ÿ6 ÿ ÿ#7 $ÿ6 % }~ÿ €}ÿ‚ƒ„…†‡ÿ}ˆÿ‰Š‹ŒÿŽ~ÿˆÿ…Š‘’Œÿ“}’’‡}ˆ ‚‚ÿ”Š~Šˆÿ•†…ÿ–…’…‹…‘ÿ}‚ÿ—˜…‡ ,-ÿ/012ÿ3245166 789:ÿ<=>ÿ?@<= ABCDEFGHIFÿKÿHLMÿNOPÿNPQÿPRSTMUVÿWXPWUYÿWÿYMVNUPZMUÿY[U\]^ÿWÿYMWY_ZÿTP__\V\P]ÿPRRÿNLMÿTPWVN PRÿ̀WQW]ÿ\]ÿ̀[]MÿOMUMÿUM_\MaMYÿPRÿNLM\UÿY[N\MVÿP]ÿbU\YWZcÿNLMÿFWaZdVÿCMaM]NLÿb_MMNÿVW\YeÿBÿ][fXMU PRÿPNLMUÿVW\_PUVÿOMUMÿQ[]\VLMYÿRPUÿNLM\UÿUP_MVÿ\]ÿNLMÿTUWVLe HLMÿW]]P[]TMfM]NÿRP__POMYÿNLMÿUM_MWVMÿPRÿWÿLWUUPO\]^ÿQUM_\f\]WUZÿUMQPUNÿP]ÿNLMÿTP__\V\P] XMNOMM]ÿNLMÿYMVNUPZMUÿb\Ng^MUW_YÿW]YÿWÿRUM\^LNMUÿNLWNÿh\__MYÿVMaM]ÿQMPQ_MÿWXPWUYÿNLMÿBfMU\TW] VL\QeÿENÿOWVÿP]MÿPRÿNLMÿFWaZdVÿYMWY_\MVNÿWTT\YM]NVÿ\]ÿZMWUVe HLMÿVL\QdVÿTWQNW\]cÿifYUeÿjUZTMÿjM]VP]kÿL\VÿVMTP]Yl\]lTPffW]YkÿW]YÿNLMÿVM]\PUÿM]_\VNMYÿVW\_PU OMUMÿUM_\MaMYÿPRÿNLM\UÿY[N\MVÿXZÿNLMÿLMWYÿPRÿNLMÿCMaM]NLÿb_MMNÿ\]ÿ̀WQW]cÿm\TMÿBYfeÿ̀PVMQLÿne B[TP\]eÿBÿVNWNMfM]NÿRUPfÿNLMÿoMMNÿVW\Yÿp\]WYMq[WNMÿ_MWYMUVL\QrÿLWYÿTP]NU\X[NMYÿNPÿNLMÿTP__\V\P]e HLMÿVNWNMfM]NÿVW\YÿWÿ][fXMUÿPRÿPNLMUÿVW\_PUVÿOP[_YÿRWTMÿY\VT\Q_\]WUZÿWTN\P]eÿBÿVM]\PUÿFWaZÿPRSTMU VW\YÿHL[UVYWZÿNLWNÿWXP[NÿWÿYPgM]ÿVW\_PUVÿ\]ÿNPNW_ÿOP[_YÿXMÿQ[]\VLMYcÿ\]T_[Y\]^ÿW__ÿNLPVMÿP]ÿOWNTL NLMÿ]\^LNÿPRÿ̀[]Mÿste HLMÿQUM_\f\]WUZÿUMQPUNÿYMVTU\XMYÿ\]ÿYMNW\_ÿNLMÿNMUU\X_MÿfPfM]NVÿWRNMUÿNLMÿTP__\V\P]ÿW]YÿNLMÿUMVT[M MRRPUNVÿWXPWUYÿNLMÿVL\Qe uPgM]VÿPRÿVW\_PUVÿOLPÿOMUMÿUPThMYÿRUPfÿNLM\UÿV_[fXMUcÿNLMÿUMQPUNÿVW\YcÿUWTMYÿ\]ÿNLMÿYWUhÿNPÿMVTWQM RUPfÿNLM\UÿoPPY\]^ÿq[WUNMUVeÿA\NL\]ÿvwÿVMTP]YVcÿVMWOWNMUÿU[VL\]^ÿNLUP[^LÿWÿ^WQ\]^ÿLP_Mÿ\]ÿNLM VNWUXPWUYÿL[__ÿOWVÿWNÿSUVNÿOW\VNlYMMQcÿNLM]ÿ]MThlL\^LÿWVÿVW\_PUVÿQ[VLMYÿWV\YMÿfWNNUMVVMVcÿOW__ _PThMUVÿW]YÿPNLMUÿoPWN\]^ÿYMXU\VÿNPÿT_WfXMUÿ[QÿWÿ_WYYMUÿNPÿVWRMNZeÿHLMÿ_WVNÿVW\_PUÿQ[__MYÿRUPfÿNLM TLWPVÿOWVÿ[]YMUOWNMUÿOLM]ÿL\VÿVL\QfWNMVÿZW]hMYÿL\fÿ[Qe HLMÿRUM\^LNMUÿTUWVLMYÿY\UMTN_Zÿ\]NPÿiPffW]YMUÿjM]VP]dVÿVNWNMUPPfcÿU\QQ\]^ÿPQM]ÿWÿL[^MÿLP_MÿW]Y NUWQQ\]^ÿL\fÿ\]V\YMeÿENÿNPPhÿSaMÿVW\_PUVcÿ[V\]^ÿWÿV_MY^MLWffMUÿW]YÿhMNN_MXM__cÿxyÿf\][NMVÿNPÿXUMWh YPO]ÿNLMÿYPPUÿNPÿL\VÿTWX\]ÿNPÿUMVT[MÿNLMÿTWQNW\]cÿOLPÿOWVÿVMU\P[V_Zÿ\]z[UMYÿW]YÿLW]^\]^ÿRUPfÿNLM V\YMÿPRÿNLMÿVL\Qe E]ÿV[ff\]^ÿ[QÿNLMÿRW\_[UMVÿPRÿNLMÿTWQNW\]ÿW]YÿL\VÿTUMOcÿNLMÿa\TMÿTL\MRÿPRÿ]WaW_ÿPQMUWN\P]VcÿBYfe j\__ÿ{PUW]cÿVW\YÿNLMÿUMQPUNÿfWYMÿT_MWUÿNLWNÿpVMU\P[Vÿf\VNWhMVÿOMUMÿfWYMÿXZÿfMfXMUVÿPRÿNLM TUMOerÿBVÿNLMÿVL\QQ\]^ÿ_W]MVÿ^PNÿfPUMÿTUPOYMYÿNLWNÿ]\^LNcÿBYf\UW_ÿ{PUW]ÿVW\YÿNLMÿVW\_PUVÿP] !!8 &22 ' ! % ' 7%2410(21520(2 7 2 2 !)* " 7 7 " ! * ! 7 ' !% Enclosure D Page 13 of 22 02+ 0123124105 678ÿ6 7ÿ ÿ7 ÿ ÿ 8ÿ ÿ ÿ 7 7 ÿ ÿ 8 ÿ ÿ ÿ7 ÿ ! ÿ"ÿ6 ÿ ÿ#7 $ÿ6 % ,-./0ÿ2345.ÿ56.7-.648-3ÿ-,-9:8:55;<ÿ-8=ÿ>?ÿ.0:ÿ.6@:ÿ.0:?ÿ9:-36A:=ÿ.0:69ÿ:99495;ÿ6.ÿ,-5ÿ.44ÿ3-.:ÿ.4 -B46=ÿ-ÿ/43365648ÿ,6.0ÿ.0:ÿ@7/0ÿ3-9C:9ÿD9:6C0.:9E F0-.ÿ.0:ÿ9:G49.ÿ9:3:-5:=ÿ48ÿH0795=-?ÿ=6=ÿ84.ÿ-85,:9;ÿ-8=ÿ,0-.ÿ65ÿ5.633ÿ78=:9ÿ-ÿ5:G-9-.:ÿ48C468C 68B:5.6C-.648;ÿ65ÿ04,ÿ.0:ÿ/43365648ÿ/473=ÿ0-B:ÿ0-GG:8:=EÿF:9:ÿ344I47.5ÿ48ÿ,-./0ÿ5/-8868Cÿ.0: 5:-5ÿD49ÿ4.0:9ÿ506G5ÿ-8=;ÿ6Dÿ54;ÿ,0?ÿ=6=ÿ.0:?ÿ84.ÿ5::ÿ.0:ÿJKLMD44.ÿD9:6C0.:9;ÿ.0:ÿNOPÿO9?5.-3; 5.-/I:=ÿ,6.0ÿ@49:ÿ.0-8ÿQ;RRRÿ/48.-68:95;ÿ>:-968Cÿ48ÿ.0:ÿ=:5.94?:9S T4,ÿ=6=ÿ9-=-9ÿ4DU/:95ÿ48ÿ.0:ÿ>96=C:ÿ-8=ÿ68ÿ.0:ÿ/4@>-.ÿ68D49@-.648ÿ/:8.:9ÿ>:34,ÿD-63ÿ.4ÿ=:.:/.ÿ.0: D9:6C0.:9ÿ/34568Cÿ68SÿN8=ÿ,0?ÿ,-5ÿO4@@-8=:9ÿV:8548ÿ84.ÿ-,-I:8:=ÿ-8=ÿ57@@48:=ÿ.4ÿ.0: >96=C:;ÿ-5ÿ5.-8=-9=ÿG94.4/43ÿ9:W769:5;ÿ.4ÿ:8579:ÿ5-D:ÿG-55-C:S N=@69-3ÿX49-8ÿ5-6=ÿ6.ÿ/473=ÿ>:ÿ,::I5ÿ>:D49:ÿ.0:ÿ68B:5.6C-.648ÿ65ÿ/4@G3:.:=ÿ68.4ÿ.0:ÿ/-75:5ÿ-8= /73G->636.?ÿD49ÿ.0:ÿ-//6=:8.E Y@-C:5ÿ68ÿ.0:ÿ9:G49.ÿ/4@G-9:ÿ,0-.ÿ.0:ÿ>:9.068C;ÿ49ÿ53::G68C;ÿ9-/I5ÿ757-33?ÿ344Iÿ36I:ÿ-8= .0:ÿ=-@-C:=ÿ9-/I5ÿ48ÿ.0:ÿZ6.AC:9-3=E[E\Eÿ]-B? O4@@-8=:9ÿV:8548ÿ-8=ÿ.0:ÿZ6.AC:9-3=^5ÿ5:/48=M68M/4@@-8=ÿ:_:/7.6B:ÿ4DU/:9;ÿO4@=9Eÿ\:-8 V->>6..;ÿ>4.0ÿ4Dÿ,04@ÿ,:9:ÿ-53::Gÿ68ÿ.0:69ÿ/->685ÿ,0:8ÿ.0:ÿ506G5ÿ/4336=:=;ÿ-8=ÿ.0:ÿZ6.AC:9-3=^5 5:8649ÿ:8365.:=ÿ5-6349;ÿX-5.:9ÿO06:Dÿ̀:..?ÿaDU/:9ÿV96/:ÿV-3=,68;ÿ,:9:ÿ9:36:B:=ÿ4Dÿ.0:69ÿ=7.6:5 !!8 &22 ' ! % ' 7%2410(21520(2 7 2 2 !)* " 7 7 " ! * ! 7 ' !% Enclosure D Page 14 of 22 42+ 0123124105 678ÿ6 7ÿ ÿ7 ÿ ÿ 8ÿ ÿ ÿ 7 7 ÿ ÿ 8 ÿ ÿ ÿ7 ÿ ! ÿ"ÿ6 ÿ ÿ#7 $ÿ6 % ,-.,/0ÿ234ÿ562784/,90:ÿ;.<<,=04/ÿ>4=?.=@ÿ,?ÿA499ÿ,?ÿ?4B4/,9ÿ?,69./?ÿ.=ÿA,2C3ÿ23,2ÿ=6832@ÿA699 D,C4ÿA3,2ÿ234ÿ<6962,/EÿC,99?ÿ=.=FG06C6,9ÿHG=6?3<4=2: I=ÿ2.0,EJ?ÿC.49.Aÿ04CL?@ÿ234 C/4AÿA,?ÿH9G=840ÿ6=2.ÿ0,/L=4??ÿ4MC4H2ÿD./ÿ/40ÿ4<4/84=CEÿ96832?: ]=6240ÿ^2,24?ÿK,BEÿ?36H?ÿ,=0ÿ2346/ÿC/4A?ÿ2/,6=ÿ4M24=?6B49EÿD./ÿ4<4/84=C64?ÿ.=ÿ-.,/0ÿ?GC3ÿ,? C.996?6.=?ÿ,=0ÿ_/4?:ÿ̀<4/84=CEÿC/4A?ÿ/4?H.=040ÿ6<<406,249Eÿ2.ÿ/4H./2?ÿ.Dÿ0,<,84ÿ,=0ÿ2/,HH40 ?,69./?ÿ,C/.??ÿ234ÿ?36H: Q34ÿ562784/,90ÿ3,0ÿ,ÿC/4Aÿ.Dÿ,-.G2ÿ[SSÿ?,69./?@ÿ,=0ÿ234ÿC/6?6?ÿD.CG?40ÿ.=ÿ,ÿ?944H6=8ÿC.4/236=8ÿX@ÿA36C3ÿ3,?ÿaXÿ-40?ÿ6=ÿ2/6H94ÿ-G=L?ÿ?H,==6=8ÿ.=4ÿ?604ÿ.Dÿ234ÿ?36Hÿ,C/.??ÿ2.ÿ234 .234/@ÿ2A.ÿ04CL?ÿ-49.Aÿ234ÿ<,6=ÿ04CL: Q34ÿ,/4,ÿ,9?.ÿ3,0ÿ,ÿ9.G=84ÿ_9940ÿA623ÿ?.D,?@ÿC3,6/?@ÿ,ÿ2,-94ÿ,=0ÿ,ÿ2494B6?6.=ÿ?42: bDÿ234ÿaXÿ?,69./?ÿ,??68=40ÿ2.ÿ>4/236=8ÿXÿ,2ÿ234ÿ26<4ÿ.DÿC.996?6.=@ÿ_B4ÿA4/4ÿ.=ÿA,2C3ÿ,=0ÿ2A.ÿA4/4 =.2ÿ,-.,/0ÿ?36H:ÿbDÿ234ÿ[Vÿ/4<,6=6=8ÿ?,69./?ÿ6=ÿ234ÿC/4Aÿ,/4,@ÿXcÿ4?C,H40ÿ234ÿd..06=8ÿ,=0ÿ?4B4= 0640: ^.<4ÿ.Dÿ234ÿ?G/B6B6=8ÿ?,69./?ÿ?,60ÿ234Eÿ34,/0ÿ,ÿ9.G0ÿ=.6?4ÿ,2ÿ234ÿ26<4ÿ.Dÿ64=4ÿ?4<<.1:8ÿ@-;/4=ÿ61ÿ745ABÿC4/ÿ69/BDÿE/04=3ÿF4:;1ÿ>;A.1:ÿ9G 30.GH;/43ÿ>06ÿ0;7ÿ3<4G/ÿ/0=69:0ÿ/04ÿ.1./.;<ÿ.HG;5/IÿJ/ÿ<4;3/ÿ614ÿ0;7ÿ/6ÿF4ÿG9<<47ÿK=6Hÿ0.3ÿF47ÿ;17 .1/6ÿ/04ÿ>;/4=ÿF4K6=4ÿ04ÿ>6A4ÿ9GIÿL41.6=ÿ3;.<6=3ÿ5045A47ÿK6=ÿ;1?ÿ>06ÿH.:0/ÿ3/.<<ÿF4ÿ.1ÿ/04.=ÿF473I L;.<6=3ÿ/6<7ÿ.1M43/.:;/6=3ÿ/0;/ÿ;K/4=ÿ/04ÿ.1./.;<ÿ3065A8ÿ/04?ÿ<.147ÿ9Gÿ5;;;/4=ÿ/6ÿ5<.HFÿ;ÿG6=/ÿ3.74ÿ<;774=ÿ;17ÿ435;G4ÿ/0=69:0ÿ; >;/4=/.:0/ÿ0;/50I !!8 &22 ' ! % ' 7%2410(21520(2 7 2 2 !)* " 7 7 " ! * ! 7 ' !% Enclosure D Page 16 of 22 +2, 0123124105 678ÿ6 7ÿ ÿ7 ÿ ÿ 8ÿ ÿ ÿ 7 7 ÿ ÿ 8 ÿ ÿ ÿ7 ÿ ! ÿ"ÿ6 ÿ ÿ#7 $ÿ6 % -ÿ/01234ÿ56789ÿ:;ÿ7ÿ/7<=>6ÿ>9ÿ241ÿ?<2@A167=5ÿ/4>8/ÿ>2416/ÿ1B<2<9Aÿ241ÿC>>515ÿ:1624<9A 7617DEDFDÿG7H; I;ÿ241ÿ2KLÿ>Mÿ/7<=>6/ÿ76622>Jÿ>Mÿ241ÿ=75516Nÿ241ÿ87216ÿ87/ÿKLÿ2>ÿ241<6 9130/DÿO8>ÿ/7<=>6/ÿ84>ÿ475ÿ:119ÿ41=L<9Aÿ>2416/ÿM6>Jÿ241ÿ:>22>Jÿ>Mÿ241ÿ=75516ÿ8161ÿ1H192K7==; M>6315ÿ2>ÿ3=Lÿ>Mÿ241ÿ:1624<9Aÿ3>JL762J192D P931ÿ246>KA4ÿ241ÿ47234Nÿ241ÿ/7<=>6/ÿ3>92<9K15ÿ2>ÿ/17634Nÿ61734<9Aÿ<92>ÿ241ÿ5760ÿ87216ÿ2>ÿ26;ÿ2>ÿQ95 79;>91ÿ241;ÿ3>K=5Dÿ?6>Jÿ241ÿ2>Lÿ>Mÿ241ÿ=75516Nÿ241ÿ28>ÿ/7<=>6/ÿLK==15ÿ28>ÿ>2416/ÿM6>Jÿ241ÿC>>515 3>JL762J192DÿI>24ÿ>Mÿ241ÿ61/3K15ÿ/7<=>6/ÿ8161ÿ3>JL=121=;ÿK951687216ÿ8419ÿ241;ÿ8161ÿLK==15ÿ2> /7M12;D O41ÿ=7/2ÿ/7<=>6ÿ2>ÿ:1ÿLK==15ÿKLÿM6>Jÿ241ÿJK60;ÿ576091//ÿ475ÿ:119ÿ<9ÿ241ÿ:7246>>Jÿ72ÿ241ÿ2M 241ÿ3>==9ÿ795ÿ7ÿC>>5ÿ>Mÿ87216ÿ09>3015ÿ4ÿ241ÿC>>6Dÿ-2ÿ>91ÿL><92ÿ41ÿ87/ÿL<9915ÿ:128119ÿ241 =>3016/ÿC>72<9AÿL7/2ÿ4JL762J192ÿ31<=<9ANÿ:K2ÿ41ÿ87/ÿ7:=1ÿ2>ÿ61734ÿM>6ÿ7ÿL9ÿ241 31<=<9Aÿ2>ÿLK==ÿ4ÿ241ÿ>9=;ÿ=K=5ÿ/11Nÿ84<34ÿ87/ÿ3>J<9A M6>Jÿ241ÿL>62/<51ÿ47234D R1ÿ87/ÿ/88765ÿ241ÿ47234Nÿ241ÿ61L>62ÿ/7<5NÿS8419ÿ41ÿ87/ÿLK==15ÿM6>Jÿ241ÿ87216Nÿ615T M7315ÿ795ÿ8<24ÿ:=>>5/4>2ÿ1;1/DÿR1ÿ61L>6215ÿ2472ÿ8419ÿ270<9Aÿ461ÿ:1<9Aÿ/7H15N 41ÿ87/ÿ7=6175;ÿ/K:J16A15ÿ795ÿ:6172415ÿ<9ÿ87216DU O8192;T/1H19ÿ/7<=>6/ÿ1/37L15ÿI1624<9AÿVÿM6>Jÿ241ÿL>62ÿ/<51DÿP91ÿ>2416ÿ/7<=>6ÿ1/37L15ÿM6>Jÿ241 /276:>765ÿ/<51D -ÿW7L791/1ÿ3>7/2ÿAK765ÿ41=<3>L216ÿ=>81615ÿ7ÿ61/3K1ÿ:7/012ÿ2>ÿ=JJ79516 I19/>9ÿ>MMÿ241ÿ=ÿ7ÿG7H;ÿ4>/L<27=ÿ<9ÿZ>0>/K07DÿP2416ÿ-J16<379ÿ795 W7L791/1ÿJ<=<276;ÿH1//1=/ÿ795ÿ7<6367M2ÿ41=L15ÿ<9ÿ241ÿ61/3K1ÿ1MM>62D WK/2ÿ:1M>61ÿ[ÿ7DJDNÿ8<24ÿ241ÿC>>5<9Aÿ/27:<=<@15ÿ795ÿ>L1672<9AÿK9516ÿ<2/ÿ>89ÿL>816Nÿ241ÿ?<2@A167=5 /=>8=;ÿ/276215ÿJ70<9Aÿ<2/ÿ87;ÿ:730ÿ2>ÿL>62D O41ÿ91B2ÿ57;NÿWK91ÿ\]Nÿ241ÿ:>5<1/ÿ>Mÿ241ÿ/1H19ÿJ19ÿ84>ÿ5<15ÿ8161ÿ613>H1615ÿ:;ÿG7H;ÿ5J C>>515ÿ/L731/ÿ2472ÿ475ÿ:119ÿ/17=15ÿ>MMÿ2>ÿ011Lÿ241ÿ/4JÿM>K9516<9ANÿ7ÿ861934<9Aÿ5139ÿ:; >MQ316/ÿ<9ÿ241ÿ347>2<3ÿ7M216J724ÿ>Mÿ241ÿ367/4D ^_`ÿbcdèefgÿhijÿkhgleim`ciÿi_ngÿobjh`_gÿpehÿqhf_rccstÿunè`_vÿhijÿ̀l_ÿwcvieimÿxve_yimÿi_ngd_``_vz !!8 &22 ' ! % ' 7%2410(21520(2 7 2 2 !)* " 7 7 " ! * ! 7 ' !% Enclosure D Page 17 of 22 +2, 0123124105 678ÿ6 7ÿ ÿ7 ÿ ÿ 8ÿ ÿ ÿ 7 7 ÿ ÿ 8 ÿ ÿ ÿ7 ÿ ! ÿ"ÿ6 ÿ ÿ#7 $ÿ6 % ,ÿ./01234ÿ35ÿ6721ÿ80629:/ÿ8;;/801ÿ24ÿ;0246ÿ34ÿ,<=>ÿ?@AÿBC?DAÿ34ÿE8=/ÿ,?ÿ35ÿ67/ÿF/GÿH30Iÿ/J26234ÿG267ÿ67/ÿ7/8J:24/KÿF8.Lÿ63ÿE<4217ÿ,M3<6ÿ8ÿN3O/4ÿP4 Q8;84ÿR0817 STUVÿXYÿZ[\\T]^_ !!8 &22 ' ! % ' 7%2410(21520(2 7 2 2 !)* " 7 7 " ! * ! 7 ' !% Enclosure D Page 18 of 22 +2+ BENEFITS NEWS VETERAN JOBS MILITARY LIFE VIDEOS  Search Military.com DISCOUNTS Login Better for odors. NEWS MILITARY NEWS Navy Fires Commander, XO from USS Fitzgerald for Fatal Collision • • • • • Military Opinion Military Events Army Navy Air Force • • • • • Marine Corps Coast Guard Procurement Technology Gear SELECT SERVICE The Arleigh Burke-class guided-missile destroyer USS Fitzgerald (DDG 62) returns to Fleet Activities ARMY NATIONAL GUARD MARINES COAST GUARD NAVY SPOUSE AIR FORCE Member? Login (FLEACT) Yokosuka, Japan, on June 17, 2017, following a collision with a merchant vessel. (U.S. Navy photo/Peter Burghart) Military.com By Richard Sisk The commander of the destroyer USS Fitzgerald and the executive officer have been permanently detached from the ship and face non-judicial punishment over the deadly collision in June with a container ship, the Navy announced Thursday. Cmdr. Bryce Benson, commander of the Fitzgerald, and Cmdr. Sean Babbitt, the executive officer, are "being detached for cause," meaning that the Navy "has lost trust and confidence in their ability to lead," Adm. Bill Moran, Vice Chief of Naval Operations, said during a press conference. Advertisement MOST POPULAR MILITARY NEWS  Three Navy Unit Leaders Fired After XO Reportedly Found Naked in Woods  US MQ-9 Reaper Drone Takes Out Russian T-72 Tank in Syria  How President's Food Stamp Cuts Would Impact Military Families  Low Recruit Discipline Prompts Army to Redesign Basic Training  Missing Fort Bragg Family, AWOL Soldier Found in Tennessee TRICARE/CHAMPVA Supplement Plan. Minimize Out of Pocket Costs TRICARE Doesn't Cover. Click Here! Vice Adm. Joseph Aucoin, commander of the 7th Fleet, has also decided that the top enlisted sailor aboard the Fitzgerald and several other sailors on the watch crew at the time of the collision on June 17 will also face nonjudicial punishment, Moran said. Help & Feedback Enclosure D Page 19 of 22 Aucoin ruled that "serious mistakes were made by the crew," Moran said. BENEFITS NEWS VETERAN JOBS MILITARY LIFE VIDEOS DISCOUNTS The Fitzgerald was hit nearly broadside by the ACX Crystal cargo ship in the early morning hours of June 17 in Japanese waters. Seven sailors aboard the Arleigh Burke-class destroyer Fitzgerald were killed.  Search Military.com LATEST MILITARY VIDEOS The service members, whose bodies were found in flooded berthing compartments, on Thursday were posthumously promoted.  Building Ships with Legos The top enlisted sailor on the Fitzgerald was later identified as Chief Petty Officer Brice Baldwin. He, Benson and Babbitt were all in their berths when the collision occurred.  Marine Corps Women's Reserve 75th Anniversary  The Heroism of William Pinckney  US Bombs Russian-Made T-72 Tank in Syria However, Aucoin found that all three bore chief responsibility for the watch crew on the bridge losing "situational awareness" as the destroyer was proceeding at about 20 knots on a clear moonlit night in relatively calm seas, Moran said. When asked if the non-judicial punishment against Benson, Babbitt and Baldwin would be career ending, Moran said: "Look at what happened here -it's going to be pretty hard to recover from this." Moran said investigations were continuing but he declined to speculate on whether courts martial might be pursued against any of the Fitzgerald's crew. Related content: • Sailors Who Died in Fitzgerald Collision Receive Posthumous Promotions • Stories of Fitzgerald Sailors Killed in Destroyer-Container Ship Crash • USS Fitzgerald Will Be Transported Stateside for Repairs This Fall Since the accident occurred, naval experts have pondered how a fast and agile destroyer carrying some of the world's most advanced radars and proceeding on a clear moonlit night in calm seas could have been hit nearly broadside by a slow and plodding cargo ship. The speculation has centered on whether the bridge watch crew was either poorly trained or simply not alert. Moran said only that collisions should not happen in the U.S. Navy -- "We got it wrong." A "line of duty" investigation released by the Navy earlier Thursday on actions following the collision gave evidence of the enormous damage inflicted on the Fitzgerald and the heroic actions of the crew in saving the ship and their fellow sailors. Berthing Area 2, two decks below the main deck where 35 sailors were sleeping in three-decker buns, was exposed to the open sea, the investigation said. The bulbous nose of the ACX Crystal had ripped a 13x17 foot hole into the side of the Fitzgerald. "As a result, nothing separated Berthing 2 from the onrushing sea, allowing a great volume of water to enter Berthing 2 very quickly," the investigation said. The seven sailors killed in the collision were all in Berthing 2. They were "directly in the path of the onrushing water," the investigation said. The force of the collision knocked the Fitzgerald into a 14-degree list to port before the ship rocked back violently into a seven-degree list to starboard. "One sailor saw another knocked out of his rack by water," the investigation said. "Others began waking up shipmates who had slept through the initial impact. At least one sailor had to be pulled from his rack and into the water before he woke up," the investigation said. Login View More ARMY NEWS    Third Person Charged in Omaha Shooting Death of Army Soldier Army Defends Shortchanging Future Modernization in 2019 Budget Bataan Death March Survivor Julio Barela Dies at 101 View more NAVY NEWS  Old Yearbook Photo Spurs Effort to Find Missing WWII Pilot  Navy SEAL Who Molested Girl Gets 27 Years, Faces More Charges  Lawmakers Blast 'Inadequate' Shipbuilding Budget, 30-Year Plan View more AIR FORCE NEWS  AF Academy Haircut Email's Michael Jordan Reference Stirs Controversy  Russia: 5 Citizens Probably Killed by US Strike in Syria  Air Force Wants to Invest Heavily in Next-Gen Technologies View more MARINE CORPS NEWS Help & Feedback Enclosure D Page 20 of 22 The sailors were in water up to their necks as they scrambled to reach a BENEFITS NEWS VETERAN JOBS MILITARY LIFE VIDEOS DISCOUNTS ladder to safety. The last rescued sailor had been in the bathroom at the time of the crash. Other sailors "pulled him from the water, red-faced and with bloodshot eyes. He reported he was taking his final breath before being saved," the investigation said. -- Richard Sisk can be reached at richard.sisk@military.com. Related Topics Navy, Accidents, Gear and Equipment, Destroyers  Pentagon's New Deploy-or Login Out Policy Could Separate Up to 286K  9 Photos of Marines Hating Boot Camp  18-Year-Old Marine Dies of Flesh-Eating Bacteria at 29 Palms Search Military.com © Copyright 2018 Military.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. View more COAST GUARD NEWS YOU MAY ALSO LIKE  Old Yearbook Photo Spurs Effort to Find Missing WWII Pilot  Coast Guard Rescues 4 from Sinking Boat after Call for Help  Coast Guard Looking for Man Suspected of Making 8 False Maydays  Cape Hatteras Lighthouse Goes Dark for Repairs During WWII, four servicemen who graduated from the same high school had their photo taken. One of them never made it View more home.  Navy SEAL Who Molested Girl Gets 27 Years, Faces More Charges A Navy SEAL was sentenced to 27 years in federal prison for recording himself molesting a sleeping child.  Salomon's New Guardian Boots Meet Army Wear Standards Salomon Forces Guardian tactical boot now meets the U.S. Army AR 670-1 requirements for wear with the new OCP uniform.  Lawmakers Blast 'Inadequate' Shipbuilding Budget, 30-Year Plan Lawmakers criticized the plan as inadequate for a Navy that needs more grey hulls today to meet global requirements. Join the discussion... Help & Feedback Enclosure D Page 21 of 22 BENEFITS NEWS VETERAN JOBS MILITARY LIFE VIDEOS DISCOUNTS Search Military.com Log in to comment  Login Military.com Network: Defense Tech Dod Buzz SpouseBuzz Services: Air Force Army Coast Guard Marine Corps National Guard Navy About Military.com: About Us & Press Room FAQ Help & Feedback Advertise With Us RSS Mobile Apps User Agreement Privacy Policy Site Map       © 2018 Military Advantage AdChoices Help & Feedback Enclosure D Page 22 of 22 FITZGERALD_BENSON 017725 From: To: Cc: Subject: Date: Swift, Scott H ADM COMPACFLT, N00 Moran, William F ADM, OPNAV, VCNO; joseph.aucoin@fe.navy.mil; Richardson, John M ADM CNO Renshaw, Curt CAPT OPNAV, VCNO RE: First FTZ Clip Thursday, August 17, 2017 18:48:12 Bill, As CNO said. Well done. If this is the tone and tenor of all the following reports we are in as good a place as we could be. Thanks you. ATB, Notso ________________________________________ From: Moran, William F ADM, OPNAV, VCNO Sent: Thursday, August 17, 2017 12:28:50 PM To: Swift, Scott H ADM COMPACFLT, N00; joseph.aucoin@fe navy.mil; Richardson, John M ADM CNO Cc: Renshaw, Curt CAPT OPNAV, VCNO Subject: FW: First FTZ Clip Well, that didn't take long....and reporter didn't get DFC quite right. VR, Bill -----Original Message----From: Hockycko, Ashley A LCDR OPNAV, N00P Sent: Thursday, August 17, 2017 6:23 PM To: Moran, William F ADM, OPNAV, VCNO Cc: Renshaw, Curt CAPT OPNAV, VCNO; Rexrode, Timothy A CAPT OPNAV, N09; Wallace, Dustin E CDR OPNAV, RLSO SW; Griffo, Joseph T LCDR OPNAV, N09 JAG; OKeefe, Christopher J LT OPNAV, N09 Subject: First FTZ Clip Admiral, First FTZ Clip from USA Today with headline that the CO has been relieved https://www.usatoday.com/story/news/politics/2017/08/17/commander-stricken-destroyer-fitzgerald-relieved-afternavy-report-cites-failures/577805001/ V/r Ashley Commander of stricken destroyer Fitzgerald relieved after Navy report cites failures Tom Vanden Brook, USA TODAY 17 Aug 17 WASHINGTON - The head of the Navy's 7th Fleet has relieved the skipper of the USS Fitzgerald and two other officers for losing "situational awareness" in the hours leading up to a fatal June collision that left seven sailors dead, the service's deputy chief said Thursday. Adm. Bill Moran, the deputy chief of naval operations, said that Vice Adm. Joseph Aucoin relieved Cmdr. Bryce Benson for cause after a report detailing the June 17 collision between the Fitzgerald and the freighter ACX Crystal Enclosure E Page 1 of 3 FITZGERALD_BENSON 017725 FITZGERALD_BENSON 017726 was released by the Navy. The ship's entire leadership, Moran said, will be relieved, and about a dozen sailors face punishment, including all of the destroyer's watch. The command team of three have been relieved. About nine others face non-judicial punishment. Further sanctions are possible, Moran said. Aucoin acted swiftly because the investigation indicated serious mistakes were made by the crew, Moran said. The Navy has lost confidence in those sailors. Collisions should never happen, Moran said. "We got it wrong." A "loud noise" roused some of the sailors in the Fitzgerald's Berthing 2 compartment, the accident report said. Some in the ship's sleeping and living quarters "felt an unusual movement," while others slept through the initial crash. Seconds after the ACX Crystal plowed into the starboard side of the Navy's guided missile destroyer at 1:30 a m., on June 17, seawater gushed through a 13-foot-by-17-foot gash, knocking some from their beds and threatening to drown all 35 sailors in the compartment. "Water on deck!" sailors shouted. "Get out!" The harrowing moments and hours after the collision - and the heroism that saved the lives of all but seven of the 35 sailors in Berthing 2 - are recounted in the report. It details the frantic efforts to account for all the sailors in the darkened, flooding compartment, keep the ship afloat, and rescue the ship's commander who dangled outside his crumpled cabin. "The crew of the Fitzgerald fought hard in the dark of night to save their ship," wrote Rear Adm. C.F. Williams, commander of Carrier Strike Group Five. Williams' preliminary report looks at the injuries and deaths that resulted from the crash. The Fitzgerald, with a crew of about 300 sailors, was about 56 nautical miles southwest of Yokosuka, Japan, at the time of the collision. The sea was calm, and the moon shone through broken clouds. The ship was dark but for navigation lights, and red bulbs inside. The Crystal is a far larger ship at 728 feet and 29,000 tons, compared with the Fitzgerald's 505 feet and 9,000 tons. The port side of the Crystal's bow slammed into the Fitzgerald above the waterline, and the bulb-like bow below the surface crunched into the Fitzgerald near Berthing 2. Flooding in Berthing 2 Berthing 2 held 42 beds in stacks of three bunks, a bathroom, and a lounge area. It contained a lounge with sofas, chairs and a television. After the collision, "nothing separated Berthing 2 from the onrushing sea, allowing a great volume of water to enter Berthing 2 very quickly." The Fitzgerald rocked violently, settling into a 7-degree list to her starboard side. "One sailor saw another knocked out of his rack by water," according to the report. "Others began waking up shipmates who had slept through the initial impact. At least one sailor had to be pulled from his rack and into the water before he woke up." Within a minute, the compartment had flooded and the water rose. Mattresses, furniture and an exercise bike floated in the aisles. The tilting ship complicated the escape, and the water was neck high by the time many had reached the ladder to climb to safety. Enclosure E Page 2 of 3 FITZGERALD_BENSON 017726 FITZGERALD_BENSON 017727 As the water forced them to the top of the stairs, two sailors reached into the dark water and fished two more shipmates out. The last rescued sailor had been in the bathroom at the time of the crash. The sailors "pulled him from the water, red-faced and with bloodshot eyes. He reported he was taking is final breath before being saved, he was already submerged and breathed in water." The seven sailors who drowned were nearest the gash, "directly in the path of the onrushing water." Enclosure E Page 3 of 3 FITZGERALD_BENSON 017727 7th Fleet Announces USS Fitzgerald Accountability Determinations Page 1 of 2 Subscribe to Navy News Service Search Navy.mil Navy.mil Underway HOME ABOUT LEADERSHIP NEWS MEDIA 7th Fleet Announces USS Fitzgerald Accountability Determinations Story Number: NNS170817-25 Release Date: 8/17/2017 11:34:00 PM A A LINKS CAREERS NAVY POD RELATED PHOTOS A By U.S. 7th Fleet Public Affairs YOKOSUKA, Japan (NNS) -- The commanding officer, executive officer and command master chief of the guided-missile destroyer USS Fitzgerald (DDG 62) were relieved of their duties by Vice Adm. Joseph Aucoin, Commander, 7th Fleet Aug, 18. Additionally, a number of officer and enlisted watch standers were held accountable. The determinations were made following a thorough review of the facts and circumstances leading up to the June 17 collision between Fitzgerald and the merchant vessel ACX Crystal. The collision was avoidable and both ships demonstrated poor seamanship. Within Fitzgerald, flawed watch stander teamwork and inadequate leadership contributed to the collision that claimed the lives of seven Fitzgerald Sailors, injured three more and damaged both ships. With absolute accountability for the safe navigation of Fitzgerald, Cmdr. Bryce Benson was relieved due to a loss of confidence in his ability to lead. He had previously been temporarily relieved of his duties due to medical reasons from injuries sustained during the collision. Benson is being reassigned to Naval District Washington at the Washington Navy Yard, where he will have access to medical facilities in the area. Download High Resolution 170817-N-N0101-321 WASHINGTON (August 17, 2017) U.S. 7th Fleet crest. (U.S. Navy graphic/Released) August 17, 2017 RELATED CONTENT USS Fitzgerald Arrives in Pascagoula for Restoration - 1/19/2018 Navy Social Media Inadequate leadership by the executive officer, Cmdr. Sean Babbitt, and command master chief, Master Chief Petty Officer Brice Baldwin, contributed to the lack of watch stander preparedness and readiness that was evident in the events leading up to the collision. Several junior officers were relieved of their duties due to poor seamanship and flawed teamwork as bridge and combat information center watch standers. Additional administrative actions were taken against members of both watch teams. Cmdr. Garret Miller will assume command from Fitzgerald's acting commanding officer, Cmdr. John "Jack" Fay sometime mid-to-late-August.  To sign up for updates or to access your subscriber preferences, please click on the envelope icon in the page header above or click Subscribe to Navy News Service . It was also evident from this review that the entire Fitzgerald crew demonstrated real toughness that night. Following the collision these Sailors responded with urgency, determination and creativity to save their ship. Their rigorous damage control efforts and dauntless fighting in the immediate wake of the accident prevented further loss of life. Like 16K Home Tweet About Status of the Navy Strategic Documents Command Directory Our Ships Fact Files Today in Naval History Contact Us Command Addresses (SNDL) FAQ Leadership Secretary of the Navy Chief Of Naval Operations Master Chief Petty Officer Of The Navy News Media Links Careers Headlines Photo Gallery Navy.mil Underway Civilian Careers Feature Stories Featured Galleries Local Stories All Hands Magazine Navy Personnel Command (NPC) Top Stories Video Gallery All Hands Chief Of Naval Personnel All Hands Archive Biographies Art Gallery SES Biographies Podcasts & RSS Feeds Graphics Gallery 2015 Owners and Operators All Hands Radio Navy Reserve Navy POD Military Careers Navy SAPR Navy EEO Inclusion And Diversity Navy Standard Integrated Personnel System (NSIPS) My Navy Portal Board of Corrections for Naval Records (BCNR) Shift Colors-Navy Retiree Newsletter Civilian Federal Careers Navy / Marine Corps Relief Affected Navy Family Assistance Operations Security (OPSEC) Navy Trademarks http://www.navy.mil/submit/display.asp?story_id=102002 Enclosure F Page 1 of 2 2/19/2018 7th Fleet Announces USS Fitzgerald Accountability Determinations Page 2 of 2 Military One Source USA.gov U.S. Office of Special Counsel Social Media Directory and Policy US Navy App Locker NCIS Report a Crime Medal of Honor, USN Recipients Joint Chiefs of Staff Defense.gov U.S. Army U.S. Air Force U.S. Marine Corps U.S. Coast Guard Naval History & Heritage Command Navy Office of Community Outreach Official Website of the United States Navy Chief of Information Attn: US Navy 1200 Navy Pentagon Washington DC 20350-1200 http://www.navy.mil/submit/display.asp?story_id=102002 FOIA - Privacy Policy/External Links - No Fear Act Accessibility/Section 508 Enclosure F Page 2 of 2 2/19/2018 Navy tragedy Sailors missing in sea collision The New York Post August 21, 2017 Monday Copyright 2017 N.Y.P. Holdings, Inc. All Rights Reserved Section: Late City Final; Pg. 19 Length: 400 words Byline: Max Jaeger Body Ten sailors were missing and five injured early Monday when a US Navy destroyer collided with a merchant ship near Singapore - the second such crash in as many months. The USS John S. McCain collided with the Liberian-registered oil tanker Alnic MC in the Strait of Malacca at about 5:24 a.m. local time while it was on its way to a routine port visit in Singapore, according to a statement from the Navy. The guided-missile destroyer sustained damage to its rear-left side, officials said. Five people were hurt and crews were searching for 10 others. Four of the injured were taken by helicopter to a hospital in Singapore. The fifth required no treatment. While returning to the White House on Sunday night, President Trump was asked about the naval mishap and responded, "That's too bad." About two hours later, he tweeted that "thoughts & prayers" are with the sailors. The 505-foot-long destroyer is named for Arizona Sen. John McCain's father and grandfather, who were both Navy admirals. McCain offered his condolences. "Cindy & I are keeping America's sailors aboard the USS John S McCain in our prayers tonight - appreciate the work of search & rescue crews," he tweeted. A search-and-rescue mission was under way involving Singaporean ships, helicopters and tug boats, as well as US Navy aircraft. The USS McCain entered service in 1994 and is staffed by a crew of 23 officers, 24 chief petty officers and 291 enlisted sailors. The collision is the second such incident in two months. Seven sailors were killed when the ACX Crystal, a cargo ship, rammed the USS Fitzgerald off the coast of Japan on June 17. The sailors, ages 19 to 37, drowned after water rushed into their sleeping compartments, marking the greatest loss of life on a Navy ship since the USS Cole was bombed in Yemen in 2000, killing 17. A scathing report issued just days ago by the Navy found that the Fitzgerald's crew made "a slew" of mistakes in the minutes leading up to the incident. Enclosure G Page 1 of 4 Page 2 of 2 Navy tragedy Sailors missing in sea collision About a dozen sailors - including the ship's commanding officer and other senior leaders - are expected to face punishment for the crash because the Navy "lost trust and confidence in their ability to lead," naval officials said Thursday. Both the USS McCain and USS Fitzgerald are Arleigh Burke-class destroyers based at the 7th Fleet's home port of Yokosuka, Japan. With Wires mjaeger@nypost.com Graphic Drama at sea: A rescue mission was under way after the USS John S. McCain (above) collided with an oil tanker off the Singapore coast. [AP] Load-Date: August 21, 2017 End of Document Enclosure G Page 2 of 4 US Navy crash: 10 sailors missing after destroyer USS John McCain collides with oil tanker off Singapore; Accident comes after USS Fitzgerald involved in fatal collision The Independent (United Kingdom) August 21, 2017 Monday 3:48 AM GMT Copyright 2017 Independent Digital News and Media Limited All Rights Reserved Section: AMERICAS; Version:2 Length: 524 words Byline: Sam Holmes, Lesley Wroughton Body Ten sailors are missing after an American warship collided with an oil tanker east of Singapore in the second accident involving US Navy destroyers in little more than two months. The guided-missile destroyer USS John S McCain collided with the merchant vessel Alnic MC while heading to Singapore for a routine port call, the Navy said in a statement. "Initial reports indicate John S McCain sustained damage to her port side aft," the Navy said. "There are currently 10 sailors missing and five injured." Read more Navy Secretary says 'any patriot' should serve in military USS Fitzgerald crash 'was navy's own fault' US Navy stops search for seven missing sailors after bodies found A search-and-rescue mission was under way involving Singaporean ships, helicopters and tug boats, as well as US Navy aircraft. "Thoughts & prayers are w/ our @USNavy sailors aboard the #USSJohnSMcCain where search & rescue efforts are underway," Donald Trump tweeted as operations continued. The warship was sailing under its own power and heading to port, the Navy said. The Alnic MC is a Liberian-flagged, 183 metre-long oil or chemical tanker of 50,760 deadweight tonnes, according to shipping data in Thomson Reuters Eikon. Seven sailors were killed in the incident (AP) Shipping data showed it last sent a transponder signal at 2258 GMT Sunday and has since come to a halt 6-12 miles off the east coast of the Pengerang peninsula in Johor, southern Malaysia. The ship data showed it was "ballasting", meaning that it was not loaded full of oil for cargo. Enclosure G Page 3 of 4 Page 2 of 2 US Navy crash: 10 sailors missing after destroyer USS John McCain collides with oil tanker off Singapore; Accident comes after USS Fitzgerald involved in fatal .... The waterways around Singapore are some of the busiest and most important in the world, carrying around a quarter of the world's trade in goods and oil. The US Navy said last week it had removed the two senior officers and the senior enlisted sailor on a warship that almost sank off the coast of Japan in June after it was struck by a Philippine container ship. That collision killed seven US sailors aboard the guided-missile destroyer the USS Fitzgerald. The USS Fitzgerald and USS John S McCain are both ballistic missile defence (BMD) capable ships and part of the same Japan-based destroyer squadron. The Seventh Fleet has six ships assigned to BMD patrols, with half of those out on patrol at any one time. Asked whether the US Navy would need to bring forward other ships to maintain its strength, a spokesman for the Seventh Fleet said it was "way too early to know". North Korea threatened last week to fire ballistic missiles towards the U.S. Pacific territory of Guam, ratcheting up tensions with Mr Trump, who had threatened to unleash "fire and fury" on Pyongyang if it threatened the United States. The vessel involved in the latest collision is named for the father and grandfather of US Republican Senator John McCain, who were both admirals in the United States Navy. "Cindy & I are keeping America's sailors aboard the USS John S McCain in our prayers tonight - appreciate the work of search & rescue crews," Mr McCain said on Twitter. Senator McCain is a Vietnam War-era naval aviator who was shot down and held prisoner for five-and-a-half years. 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It’s CNO Richardson here and I’m here with MCPON Giordano, and we’re coming to you for the first time on Facebook Live as just another venue to try and reach out and connect. And boy, I’ll tell you what, we have gotten a connection for sure. We put out a quick video to try and get some questions up front and we have been inundated with questions. Over 200 questions have come in, in preparation for this event. So we’re going to try to get to as many as we can here, and what we don’t get to on the broadcast, we’ll make sure that we answer you directly via email. So first and foremost as I start every one of my All Hands Calls with, and a lot of times we’re doing these together, I want to start with just how proud I am of all the work that you do. We have 65,000 sailors deployed around the world. They are covering down on those important missions that we do to protect America and promote our interests around the world. You are doing fantastic work out there. So that’s an important message to start off with. Having said that, as you all know, we’re going through some rough times right now, and we’re going to get through that. We’re going to address these problems. This type of broadcast where we can hear from you and you can hear from us is an important part of understanding how we’re going to get at that. And when we get through it, we’re going to be stronger and tougher on the other side. MCPON, have you got anything you want to share with the team? MCPON Giordano: Yes, sir. Just to kind of add on top of that getting through it, is having conversations about it. And this opportunity here, this live stream that people can continue to feed into and have those conversations, we’re going to try to get to as many questions as possible. We can’t get to them all, but we’re going to try to get to as many as possible. So keeping that in mind, I’m ready to just get at this and start answering those questions that came from all of you. Admiral Richardson: Okay. So the way we’ll do it, we’ve got a lot of questions written down, and MCPON and I will just go back 1 Enclosure J Page 1 of 9 and forth and we’ll try and answer as many as we can. start off. I’ll This one comes from HM2 [Zwiefel] from the Naval Hospital in Pensacola. HM2 [Zwiefel] talks about the whole idea of this mindset of “doing more with less.” With that mindset, the current trends seem to point to the fact that we’re taking a pretty dangerous job, being done by a high reliability organization, and is this “do more with less” mindset eating into that? Is it making a tough job tougher; a dangerous job, more dangerous? So HM2 [Zwiefel] asks, what are we doing to improve these outcomes? Will there be more training where it matters? And she’s concerned that it’s not just afloat, but also ashore. What a great question. And it’s also kind of echoed by Petty Officer Kirk, Petty Officer [Tencrow], Petty Officer Williams, and Mr. Bolan. Listen, I will tell you that one thing we have to do is really fight against this “do more with less” mindset. The thing that makes us a powerful Navy, a capable Navy, is that we have standards. Standards of performance, standards of safety, material readiness standards, those sorts of things. And when we perform, we must perform to those standards. And when we can’t meet those standards, we’ve got to understand exactly what that means. So I would encourage you to push back against this “do more with less.” We want to make sure that we’re properly resourced, whether that be money, whether that be fuel, whether that be parts, whether that be people. And we’ll do exactly what we’re resourced to, to the standards of performance that we’ve got. If you let this “do more with less” mindset eat into our way of doing business, you start to see this kind of slow decline of readiness and it sneaks up on you. So you know what you need to do your job. We need to fight back against this idea that we can continue to do more of our mission with fewer resources. Keep these things in balance and understand where the differences lie. Are we going to make adjustments in training? Almost certainly. We’re a constantly learning in the Navy, and we’re constantly looking to do our business better. That includes training. So you can anticipate that we’ll continue to learn and get better in the training department so that we can become more capable. 2 Enclosure J Page 2 of 9 Anything to add to that? MCPON Giordano: No, sir, but I think that segues right into the next question that we’re going to talk about. This comes from ET3 [Handigar], and there were some other folks that also had similar questions. Mr. Mark Jetty was one of them. The question came in, and it talked about in the light of recent events that are going on in 7th Fleet and other parts of the Fleet operating around the globe, are there currently any efforts in action to combat the casualties we have been suffering? If so, is there anything that we at the more junior levels can do to help in these efforts? And I’ve got to tell you, first of all, you know, shipmate, what a great mindset to have. You first look at these things and you own it and you go, what can we do? The first thing I would say is you know, we talk about being a learning organization and that starts with each and every one of us. We have to learn every day. We continue to educate ourselves, we continue to hone our skills, we focus on those watch station qualifications, we mature our skill sets, we develop every day. And the other piece of this that I think that everybody can do is, we’re all leaders out there. In every part of our organization. And we need people to continuously be those leaders and identify those things that we can continue to improve upon, and challenge leadership with those things, and then kind of hold each other accountable to that stuff. So great question that came in. There’s a lot of things that we can do. Keep focused on maturing those skill sets out there, focusing on developing our competencies and our operations and warfighting effectiveness, and be leaders across the entire organization. Admiral Richardson: And I would just add onto that. First of all, this idea of ownership is a real powerful one. We just need to own our jobs, be experts in what we do, hold ourselves to those standards, challenge our leadership to understand and to get better as well. 3 Enclosure J Page 3 of 9 That’s exactly the mindset behind this Operational Pause that we ordered. We’re going to just stop for a second and we’re going to make sure that we’ve got the fundamentals straight. Right? We’re going to try to remove any kind of distractions from our day on that particular day and make sure that we do have ownership of our jobs, particularly in the sort of fundamental blocking and tackling, the elements of safety and the basics. You’ve heard that term, brilliant in the basics. This is the day to concentrate on those things to make sure that we’re doing everything we can to be as brilliant in there as we can. Okay. A follow-on question, and again, a nice segue. With the current status of ships in Japan, are there going to be any homeport shifts happening in the near future? And along those lines, what is the state of Navy manning, especially in our surface fleet where we see our ships being manned to their original manning size. And that’s from Chief [Echevarri], also kind of echoed by Petty Officers [Standeway] and Overton. Let me tell you how this works. We are constantly looking around the world and we compare it to our Navy to figure out what is the best place to homeport or forward deploy our ships? That will continue to be the case. It’s very responsive to the strategic needs of the Navy and the nation. Where can we best exercise our mission? And that’s a process called the Strategic Laydown Process that we’ll continue to assess that environment and make changes as we go. When we do those changes we owe it to you to make sure that the manning piece is there, that the maintenance capability is there so that when a ship moves from one homeport to the next it is fully supported from manning and infrastructure and a maintenance standpoint. So we’ll get out in front of that as far as we can. We’ll make sure that anybody who may be involved in a homeport shift is well informed, their families are taken care of, and we’ll proceed from there. But nothing out of the ordinary right now in terms of homeport shifts foreseen on the horizon, but we continue to assess, based on just changes in the strategic environment. MCPON Giordano: We’ll shift. We’ve got a great question that came in that kind of focused on a little bit of manning particular to the reserve community. Came in from STSCS Emory Rusty Brian. Appreciate you sending it over to us. 4 Enclosure J Page 4 of 9 It says, can you speak to where your mind is with respect to reserve support and how we can help directly or indirectly during this time in need. I’ll tell you, we think about our Navy as one team, one total force. Admiral Richardson: Absolutely. MCPON Giordano: And the reserve community is embedded in all that. Around the globe, in a variety of different mission packages. To answer the specifics to your question, you know, SURFOR and RESFOR, those teams are working hard, looking at opportunities for the reserve community to maybe fill some of those positions at sea, critical ratings, critical pay grades where they need leadership there. So those teams are working hard in that regard. Also doing the same thing as we face all the challenges right now within the continental U.S. and the catastrophe in Houston, and where they’re at with the joint base there, the joint reserve base there at Fort Worth. So reserve forces, you know, very much embedded in everything that we do. Admiral Richardson: In fact when we do All Hands Calls, and sometimes there’s a crowd of thousands, sometimes there’s a couple of hundred. We always ask the question, hey, if you’re a Navy reservist, raise your hand. We always get a fair amount of hands that go up in the team. That’s the only way you can tell us apart. Right? I mean we truly are one team. We’re working shoulder to shoulder. And the reserves are also super responsive, so just like with Hurricane Harvey, they’re up and at them, moving towards the sound of that gunfire down there, the problem, so that we can do everything we can to help the folks down in Texas. I’ve got a different type of question here, and it’s one that’s near and dear to my heart so I’m really happy to answer. This comes from Chief Navy Diver Macomas. The essence of his question is about distractions and layering on requirements. So he phrases it, hey, sir, how come every time there’s an accident in the Navy the solution seems to be some new or reinforced administrative procedure. And he lists a whole bunch of them. And it says hey, the biggest, he believes the biggest reason for 5 Enclosure J Page 5 of 9 all our problems is that we may not be keeping our eye on becoming the professionals at our job that we need to be. MCPON and I couldn’t agree more that there’s a lot of distractions out there, a lot of these administrative programs that don’t contribute to the warfighting and operational excellence in our Navy. So we have been on a campaign to knock those down. We started with collateral duties. We took a bunch of those off the plate. MCPON stood up a team that is assessing even more. I think we’re pretty close to announcing the second tranche of collateral duties that we’ll eliminate. If you see an administrative program out there that you don’t think is contributing to warfighting excellence, operational excellence, you let your chain of command know and let me know. Just send it directly to us. We will take a close look at it, evaluate it, and if we can knock it out and eliminate it, we will. But we need to get back to owning our jobs, concentrating on the operational excellence piece of what our Navy’s about, and reducing these administrative distractions that just pull us away from that. So great question. We had a lot of people ask that. Chief Fisher, Lieutenant Bennett, Chief Griffin, and Mr. Snow as well. So lots of folks interested in how can we get back to the fundamental principles of warfighting excellence and remove these other distractions. MCPON Giordano: I think that those distractions tie into this next question that we got. This question came from a number of parents out there. A number of moms, a number of dads, because they’re paying attention. They’re seeing what’s happening out there. I just want to share this one with you that came into us from a mother. And Jamie, we appreciate you sending this over to us. And as a father myself, it hits both of us hard. parents as well. We’re both Admiral Richardson: In fact I have a child in the Navy. understand exactly where you’re coming from on this. So we MCPON Giordano: Jamie wrote, my son, he’s going to be enlisting very soon. He’s excited about becoming a U.S. Navy sailor and serving the country with honor in the nuclear program. It’s heartbreaking to hear that those in command have not provided adequate training or have been derelict in their duties, thereby costing others their lives. When my son enlists in a couple of 6 Enclosure J Page 6 of 9 months I will give him over to the Navy. Both he and I will entrust his life to the wisdom of his commanding officers and the training he is provided. Going forward, how will you work to better ensure our sailors’ safety? It is one thing to lose a son in battle. It’s another completely to lose them in peacetime. I will tell you that safety is in the forefront of everything that we think about. We drill, we educate, we train, consistent in every warfare community for the known and the unknown. And we do that so that our sailors out there know how to respond without even thinking about it sometimes. You know, you train to replicate, and that replication kicks in at those times when you need it the most. But we will always be focused on the safety of our sailors. But we live in a tough environment. Being a U.S. Navy sailor is not necessarily for everybody. We’re going to take care of our sons and daughters, our U.S. Navy sailors, but we’re going to ask them to operate in some tough environments sometimes. But please know that we do, we, you know, we work hard every day to make sure they are effectively trained, educated, and conducting business out there Insafe environments to respond to those situations, and we’ll continue to invest in that regard. Admiral Richardson: That’s our first prime directive, if you will, to make sure that our training is preparing us properly to operate in these risky environments, to minimize that risk as much as possible. As I said, you know, we’re parents. My son’s in the Navy. I know exactly what you’re talking about. And we’re going to, we are committed to continuing to train our sailors to operate safely, effectively, and to continue to learn. So we’ve got a commitment that we’re going to cover down on that so that we’re worthy of bringing your sons and daughters into the Navy and giving them a fulfilling career and a safe career. Okay? I want to, I think we’re coming to the end of our time and so I want to cover a couple of topics and then MCPON and I will just wrap up. There is a bit of a thread out there, a thread of conversation, that there might be some kind of a cyber attack or cyber intrusion that is involved in these collisions. I’ll tell you that we’ve given that an amazing amount of attention. It is sort of a reality of our current situation that part of any kind 7 Enclosure J Page 7 of 9 of investigation or inspection is going to have to take a look at the computer, the cyber, the information warfare aspects of our business. We’re doing that with these inspections as well. But to date, the inspections we’ve done show that there’s no evidence of any kind of a cyber intrusion. We’ll continue to look deeper and deeper, but I just want to assure you that to date, there’s been nothing that we’ve found to point to that. There’s also a number of folks that are wondering hey, what about Hurricane Harvey? What are we doing down there as a Navy to get after that? I’ll tell you that we’re involved. We’ve got two helicopter squadrons down there that are just working like crazy. The Dusty Dogs of HSC 7, and the Ghost Riders of HSC 28, and together those two teams have put together more than 220 rescues in the path and the wake of Hurricane Harvey, and they’re continuing to work at it. In addition, we have P8s from Jacksonville flying to provide overwatch and surveillance of the situation so that we can understand this crisis as it unfolds as best as possible. Those teams are from VP45. And then we’ve got the USS Kearsarge and the USS Oak Hill, I think with the 2/6th MEU loading out today, and they are standing ready to get underway and go down there to provide continuing support and relief to the millions of people that have been affected by this just unbelievable record-setting storm of Hurricane Harvey. So our hearts and minds are with everybody who’s suffering by virtue of this hurricane. The Navy’s flowing assistance to the crisis and we’ll stay there as long as it takes to alleviate that suffering down there in Texas, and now moving over to Louisiana and other places. Listen, we’re going to close out because we’re at the end of our time. Let us know how we did. Alright? It’s our first time on Facebook Live. We’re rookies at this, but it might be something that we do more often. Just to continue this conversation that the MCPON talked about, if this is effective in terms of getting the message to you, we can think about doing this more often. I appreciate all of the questions that you sent in. We kind of grouped them together into some major topics. And as I said, 8 Enclosure J Page 8 of 9 we’ll get to all the ones we didn’t answer by email or something like that. Listen, keep on doing the great work that you’re doing out there. Own your job. Be professionals. Know the requirements of your job. Be safe. Be brilliant in the basics. And we’ll continue to be the strongest Navy on the water. Okay? Let’s get to it. # # # # 9 Enclosure J Page 9 of 9 CNO’s Sailing Directions MISSION Our core responsibilities Deter aggression and, if deterrence fails, win our Nation’s wars. Employ the global reach and persistent presence of forward-stationed and rotational forces to secure the Nation from direct attack, assure Joint operational access and retain global freedom of action. With global partners, protect the maritime freedom that is the basis for global prosperity. Foster and sustain cooperative relationships with an expanding set of allies and international partners to enhance global security. PRIORITIES The enduring responsibilities of each CNO ”” Remain ready to meet current challenges, today ”” Build a relevant and capable future force ”” Enable and support our Sailors, Navy Civilians and their Families VISION Navy’s contribution and characteristics over the next 10-15 years The U.S. Navy will remain critical to our national security and our economic prosperity. ”” The Navy will continue to be at the front line of our nation’s efforts in war and peace with a proud heritage of success in battle on, above, and below the sea. ”” The Navy will continue protecting the interconnected systems of trade, information, and security that underpin American prosperity. Enclosure K Page 1 at 13 Operating forward across the globe, the Navy will provide the nation offshore options to win today and advance our interests in an era of uncertainty. ”” We will deliver credible capability for deterrence, sea control, and power projection to deter or contain conflict and fight and win wars. ”” As ground forces draw down in the Middle East, the Navy will continue to deter aggression and reassure our partners – we will have the watch. Ready Sailors and Civilians will remain the source of the Navy’s warfighting capability. ”” Our people will be diverse in experience, background and ideas; personally and professionally ready; and proficient in the operation of their weapons and systems. ”” Our Sailors and Civilians will continue a two-century tradition of warfighting excellence, adaptation, and resilience. ”” Our character and our actions will remain guided by our commitment to the nation and to each other as part of one Navy team. We will address economic change by being effective and efficient. We will innovate to: ”” Use new technologies and operating concepts to sharpen our warfighting advantage against evolving threats; ”” Operate forward at strategic maritime crossroads; ”” Sustain our fleet capability through effective maintenance, timely modernization, and sustained production of proven ships and aircraft; ”” Provide our Sailors confidence in their equipment and in their own skills. Over the next 10 to 15 years, the Navy will evolve and remain the preeminent maritime force. ”” The reach and effectiveness of ships and aircraft will be greatly expanded through new and updated weapons, unmanned systems, sensors, and increased power. ”” The Air-Sea Battle concept will be implemented to sustain U.S. freedom of action and Joint Assured Access. ”” Unmanned systems in the air and water will employ greater autonomy and be fully integrated with their manned counterparts. ”” The Navy will continue to dominate the undersea domain using a network of sensors and platforms - with expanded reach and persistence from unmanned autonomous systems. ”” Cyberspace will be operationalized with capabilities that span the electromagnetic spectrum – providing superior awareness and control when and where we need it. Enclosure K Page 2 at 13 Our forces will operate forward in new and flexible ways with access to strategic maritime crossroads. ”” Our posture will be focused and improved using a combination of rotational deployments, forward bases, temporary and austere facilities and partner nation ports. ”” Our forward presence will build on and strengthen our partnerships and alliances where sea lanes, resources, and vital U.S. interests intersect. TENETS The key considerations we should apply to every decision Warfighting First Be ready to fight and win today, while building the ability to win tomorrow Operate Forward Provide offshore options to deter, influence and win in an era of uncertainty Be Ready GUIDING PRINCIPLES Harness the teamwork, talent and imagination of our diverse force to be ready to fight and responsibly employ our resources The starting point for developing and executing our plans ”” Our primary mission is warfighting. All our efforts to improve capabilities, develop people, and structure our organizations should be grounded in this fundamental responsibility. ”” People are the Navy’s foundation. We have a professional and moral obligation to uphold a covenant with Sailors, Civilians and their families – to ably lead, equip, train and motivate. ”” Our approach should be Joint and combined when possible. However, we own the sea, and must also be able to operate independently when necessary. ”” Our primary Joint partner is the U.S. Marine Corps. We must continue to evolve how we will operate and fight as expeditionary warfare partners. ”” At sea and ashore, we must be ready to part with Navy roles, programs and traditions if they are not integral to our future vision or a core element of our mission. ”” We must ensure today’s force is ready for its assigned missions. Maintaining ships and aircraft to their expected service lives is an essential contribution to fleet capacity. ”” Our Navy Ethos defines us and describes the standard for character and behavior. ”” We must clearly and directly communicate our intent and expectations both within and outside the Navy. ”” I believe in the “Charge of Command.” We will train and empower our leaders with authorities commensurate with their responsibilities. Enclosure K Page 3 at 13 A Design for Maintaining Maritime Superiority Version 1.0 January 2016 Enclosure K Page 4 at 13 Mission The United States Navy will be ready to conduct prompt and sustained combat incident to operations at sea. Our Navy will protect America from attack and preserve America’s strategic influence in key regions of the world. U.S. naval forces and operations – from the sea floor to space, from deep water to the littorals, and in the information domain – will deter aggression and enable peaceful resolution of crises on terms acceptable to the United States and our allies and partners. If deterrence fails, the Navy will conduct decisive combat operations to defeat any enemy. Introduction For 240 years, the U.S. Navy has been a cornerstone of American security and prosperity. To continue to meet this obligation, we must adapt to the emerging security environment. The initiatives laid out in this Design represent initial steps along a future course to achieve the aims articulated in the Revised Cooperative Strategy for the 21st Century (CS-21R) in this new environment. It’s a tremendously complex challenge. As we get underway, we must first understand our history - how we got to where we are. Moving forward, we’ll respect that we won’t get it all right, and so we’ll monitor and assess ourselves and our surroundings as we go. We’ll learn and adapt, always getting better, striving to the limits of performance. This cannot be a “top-down” effort; everybody must contribute. PHOTO 1 Enclosure K Page 5 at 13 Strategic Environment On the eve of the 20th century, the United States emerged from the Civil War and laid the foundation to become a global power, but its course to continued prosperity was unclear. Navy Capt. Alfred Thayer Mahan helped to chart that course, arguing that American growth required access to overseas markets, which in turn required a preeminent navy to protect that access. America became a nation with global interests, and the seas were the path to new frontiers. The essence of Mahan’s vision still pertains: America’s interests lie beyond our own shores. What was true in the late 19th century holds true today – America’s success depends on our creativity, our entrepreneurism, and our access and relationships abroad. In an increasingly globalized world, America’s success is even more reliant on the U.S. Navy. In fulfilling our mission, it’s important to start with an assessment of the security environment. It is tempting to define the challenge solely in terms of our allies, partners, and competitors – the state and non-state actors on the world stage. While these are critical, it is even more important to understand the dramatic changes that have taken place on the stage itself – the character of the environment in which competition and cooperation occur. Fundamentally, the world has become dramatically more globalized, and this trend is accelerating. Our way ahead must account for this new reality. In particular, this Design will address three major and interrelated global forces that are increasingly used, increasingly stressed, increasingly important, and increasingly contested. These three forces energize the quickly changing environment in which the Navy must operate, and if required, fight and win. The first global force is the traffic on the oceans, seas, and waterways, including the sea floor – the classic maritime system. For millennia, the seas have served to connect people and societies to help them prosper. As the global economy continues to expand and become more connected, the maritime system is becoming increasingly used by the United States and the world as a whole. Shipping traffic over traditional sea lanes is increasing, new trade routes are opening in the Arctic, and new technologies are making undersea resources more accessible. This maritime traffic also includes mass and uncontrolled migration and illicit shipment of material and people. The maritime system is becoming more heavily used, more stressed, and more contested than ever before. A second increasingly influential force is the rise of the global information system – the information that rides on the servers, undersea cables, satellites, and wireless networks that increasingly envelop and connect the globe. Newer than the maritime system, the information system is more pervasive, enabling an even greater multitude of connections between people and at a much lower cost of entry – literally an individual with a computer is a powerful actor in this system! Information, now passed in near-real time across links that continue to multiply, is in turn driving an accelerating rate of change – from music to medicine, from microfinance to missiles. 2 Enclosure K Page 6 at 13 The third interrelated force is the increasing rate of technological creation and adoption. This is not just in information technologies, where Gordon Moore’s projections of exponential advances in processing, storage, and switches continue to be realized. Scientists are also unlocking new properties of commonplace materials and creating new materials altogether at astonishing speeds. Novel uses for increasingly sophisticated robotics, energy storage, 3-D printing, and networks of low-cost sensors, to name just a few examples, are changing almost every facet of how we work and live. Genetic science is just beginning to demonstrate its power. Artificial intelligence is just getting started and could fundamentally reshape the environment. And as technology is introduced at an accelerating rate, it is being adopted by society just as fast – people are using these new tools as quickly as they are introduced, and in new and novel ways. These three forces – the forces at play in the maritime system, the force of the information system, and the force of technology entering the environment – and the interplay between them have profound implications for the United States Navy. We must do everything we can to seize the potential afforded by this environment. Our competitors are moving quickly, and our adversaries are bent on leaving us swirling in their wake. And the competitors themselves have changed. For the first time in 25 years, the United States is facing a return to great power competition. Russia and China both have advanced their military capabilities to act as global powers. Their goals are backed by a growing arsenal of high-end warfighting capabilities, many of which are focused specifically on our vulnerabilities and are increasingly designed from the ground up to leverage the maritime, technological and information systems. They continue to develop and field information-enabled weapons, both kinetic and non-kinetic, with increasing range, precision and destructive capacity. Both China and Russia are also engaging in coercion and competition below the traditional thresholds of high-end conflict, but nonetheless exploit the weakness of accepted norms in space, cyber and the electromagnetic spectrum. The Russian Navy is operating with a frequency and in areas not seen for almost two decades, and the Chinese PLA(N) is extending its reach around the world. Russia and China are not the only actors seeking to gain advantages in the emerging security environment in ways that threaten U.S. and global interests. Others are now pursuing advanced technology, including military technologies that were once the exclusive province of great powers – this trend will only continue. Coupled with a continued dedication to furthering its nuclear weapons and missile programs, North Korea’s provocative actions continue to threaten security in North Asia and beyond. And while the recent international agreement with Iran is intended to curb its nuclear ambitions, Tehran’s advanced missiles, proxy forces and other conventional capabilities continue to pose threats to which the Navy must remain prepared to respond. Finally, international terrorist groups have proven their resilience and adaptability and now pose a long-term threat to stability and security around the world. All of these actors seek to exploit all three forces described above – the speed, precision and reach that Enclosure K Page 7 at 13 3 the maritime and information systems now enable, bolstered by new technologies – to counter U.S. military advantages and to threaten the rules and norms that have been the basis of prosperity and world order for the last 70 years. There is also a fourth ‘force’ that shapes our security environment. Barring an unforeseen change, even as we face new challenges and an increasing pace, the Defense and Navy budgets likely will continue to be under pressure. We will not be able to “buy” our way out of the challenges that we face. The budget environment will force tough choices but must also inspire new thinking. Looking forward, it is clear that the challenges the Navy faces are shifting in character, are increasingly difficult to address in isolation, and are changing more quickly. This will require us to reexamine our approaches in every aspect of our operations. But as we change in many areas, it is important to remember that there will also be constants. The nature of war has always been, and will remain, a violent human contest between thinking and adapting adversaries for political gain. Given this fundamental truth, the lessons of the masters – Thucydides, Clausewitz, Sun Tzu, Mao, Corbett, and, yes, Mahan – still apply. America’s importance to the world holds fast. Our nation’s reliance on its Navy – our Navy – continues to grow. Why a “Design?” The scope and complexity of the challenges we face demand a different approach than that offered by a classic campaign plan. This guidance frames the problem and a way forward while acknowledging that there is inherent and fundamental uncertainty in both the problem definition and the proposed solution. Accordingly, we will make our best initial assessment of the environment, formulate a way ahead, and move out. But as we move, we will continually assess the environment, to ensure that it responds in a way that is consistent with achieving our goals. Where necessary, we will make adjustments, challenging ourselves to approach the limits of performance. This Design for Maintaining Maritime Superiority will guide our behaviors and investments, both this year and in the years to come. More specific details about programs and funding adjustments will be reflected in our annual budget documents. 4 Enclosure K Page 8 at 13 Core Attributes One clear implication of the current environment is the need for the Navy to prepare for decentralized operations, guided by commander’s intent. The ability to achieve this end is reliant on the trust and confidence that is based on a clear understanding, among peers and between commanders and subordinates, of the risk that can be tolerated. This trust and confidence is enhanced by our actions, which must reflect our core values of Honor, Courage, and Commitment. Four core attributes of our professional identity will help to serve as guiding criteria for our decisions and actions. If we abide by these attributes, our values should be clearly evident in our actions. • INTEGRITY: Our behaviors as individuals and as an organization align with our values as a profession. We actively strengthen each other’s resolve to act consistently with our values. As individuals, as teams, and as a Navy, our conduct must always be upright and honorable both in public and when nobody’s looking. • ACCOUNTABILITY: We are a mission-focused force. We achieve and maintain high standards. Our actions support our strategy. We clearly define the problem we’re trying to solve and the proposed outcomes. In execution, we honestly assess our progress and adjust as required – we are our own toughest critic. • INITIATIVE: On their own, everybody strives to be the best they can be – we give 100% when on the job. Our leaders take ownership and act to the limit of their authorities. We foster a questioning attitude and look at new ideas with an open mind. Our most junior teammate may have the best idea; we must be open to capturing that idea. • TOUGHNESS: We can take a hit and keep going, tapping all sources of strength and resilience: rigorous training for operations and combat, the fighting spirit of our people, and the steadfast support of our families. We don’t give up the ship. Enclosure K Page 9 at 13 5 Four Lines of Effort The execution of this Design is built along four Lines of Effort that focus on warfighting, learning faster, strengthening our Navy team, and building partnerships. These lines of effort are inextricably linked and must be considered together to get a sense of the total effort. The corresponding objectives and first year tasks listed under each line of effort define how we will begin to move forward. STRENGTHEN NAVAL POWER AT AND FROM SEA: Maintain a fleet that is trained and ready to operate and fight decisively – from the deep ocean to the littorals, from the sea floor to space, and in the information domain. Align our organization to best support generating operational excellence. 1. Maintain and modernize the undersea leg of the strategic deterrent triad. This is foundational to our survival as a nation. 2. In partnership with the Marine Corps, develop concepts and capabilities to provide more options to national leaders, from non-conflict competition to high-end combat at sea. Operations short of conflict should be designed to contain and control escalation on terms favorable to the U.S. Combat at sea must address “blue-water” scenarios far from land and power projection ashore in a highly “informationalized” and contested environment. All scenarios must address the threat of long-range precision strike. Test and refine concepts through focused wargaming, modeling, and simulations. Validate these concepts through fleet exercises, unit training and certification. 3. Further advance and ingrain information warfare. Expand the Electromagnetic Maneuver Warfare concept to encompass all of information warfare, to include space and cyberspace. 4. To better meet today’s force demands, explore alternative fleet designs, including kinetic and non-kinetic payloads and both manned and unmanned systems. This effort will include exploring new naval platforms and formations – again in a highly “informationalized” environment – to meet combatant commander needs. 5. Examine the organization of United States Fleet Forces Command, Commander Pacific Fleet and their subordinate commands to better support clearly defining operational and warfighting demands and then to generate ready forces to meet those demands. 6. Examine OPNAV organization to rationalize our headquarters in support of warfighting requirements. 6 Enclosure K Page 10 at 13 ACHIEVE HIGH VELOCITY LEARNING AT EVERY LEVEL: Apply the best concepts, techniques and technologies to accelerate learning as individuals, teams and organizations. Clearly know the objective and the theoretical limits of performance – set aspirational goals. Begin problem definition by studying history – do not relearn old lessons. Start by seeing what you can accomplish without additional resources. During execution, conduct routine and rigorous selfassessment. Adapt processes to be inherently receptive to innovation and creativity. 1. Implement individual, team and organizational best practices to inculcate high velocity learning as a matter of routine. 2. Expand the use of learning-centered technologies, simulators, online gaming, analytics and other tools as a means to bring in creativity, operational agility and insight. 3. Optimize the Navy intellectual enterprise to maximize combat effectiveness and efficiency. Reinvigorate an assessment culture and processes. 4. Understand the lessons of history so as not to relearn them. STRENGTHEN OUR NAVY TEAM FOR THE FUTURE: We are one Navy Team – comprised of a diverse mix of active duty and reserve Sailors, Navy Civilians, and our families – with a history of service, sacrifice and success. We will build on this history to create a climate of operational excellence that will keep us ready to prevail in all future challenges. 1. Aggressively pursue implementation of the core tenets of the “Sailor 2025” program – fully integrated and transparent data and analytics, increased career choice and flexibility, expanded family support, and tailored learning. 2. Accelerate “Sailor 2025” efforts to leverage information technology to enhance personnel system and training modernization efforts. 3. Strengthen and broaden leadership development programs to renew and reinforce the Navy Team’s dedication to the naval profession. Leader development will be fleet-centered and will begin early in our careers, focusing on character and commitment to Navy core values. Character and leadership will be rewarded through challenging assignments and advancement. 4. Strengthen organizational integrity by balancing administrative requirements with the benefits gained from the time spent. The goal will be to return more time to leaders and empower them to develop their teams. 5. Strengthen the role of Navy leaders in leading and managing civilian professionals as key contributors to the mission effectiveness of our Navy Team. Enclosure K Page 11 at 13 7 EXPAND AND STRENGTHEN OUR NETWORK OF PARTNERS: Deepen operational relationships with other services, agencies, industry, allies and partners – who operate with the Navy to support our shared interests. 1. Enhance integration with our Joint Service and interagency partners at all levels of interaction to include current and future planning, concept and capability development and assessment. 2. Prioritize key international partnerships through information sharing, interoperability initiatives, and combined operations; explore new opportunities for combined forward operations. 3. Deepen the dialogue with private research and development labs, and academia. Ensure that our Navy labs and research centers are competitive and fully engaged with their private-sector partners. 4. Increase the volume and range of interaction with commercial industry. Seek opportunities through non-traditional partners. Desired Outcome A Naval Force that produces leaders and teams who learn and adapt to achieve maximum possible performance, and who achieve and maintain high standards to be ready for decisive operations and combat. Conclusion We will remain the world’s finest Navy only if we all fight each and every minute to get better. Our competitors are focused on taking the lead – we must pick up the pace and deny them. The margins of victory are razor thin – but decisive! I am counting on your integrity, accountability, initiative, and toughness to execute the lines of effort described in this Design, execute our mission, and achieve our end state. I am honored and proud to lead you. JOHN M. RICHARDSON 8 Enclosure K Page 12 at 13 Enclosure K Page 13 at 13 FITZGERALD_BENSON 013871 37 1 because we get four times the presence with those forces than we would if 2 we had them all in CONUS. 3 carrier in Yokosuka, it actually gives us an equal -- roughly equal to 16 4 carriers when we only operate 10. 5 destroyers in Rota, Spain, operating off of BMD stations was the principal 6 reason we wanted to put those forces forward was to get more out of those 7 ships and not have to rotate as many from CONUS to do those missions. That is a big difference. Having four So all of these things culminate with this notion that we aren't big 8 9 So, for example, the fact that we have got one enough to do everything we are being tasked to do. And our culture is we 10 are going to get it done because that is what the Navy is all about. And 11 sometimes our culture works against us. 12 do an awful lot, to your earlier point, and perhaps we have asked them to 13 do too much, and that is what the comprehensive review will look at. And I think we ask the sailors to 14 Ms. Bordallo. Thank you. 15 I have just one quick final question for any one of you who want to 16 answer. Would you say that sequestration might have had something to do 17 with the lack of maintenance and the training and so forth, funding not 18 being there? Admiral Moran. 19 I am on record, ma'am, that that is absolutely the 20 case. That along with nine consecutive continuing resolutions, and we are 21 about to hit another one. 22 into schedules, drive uncertainty into maintenance. 23 public yards, this is an issue across the board. 24 we could have out of Congress right now in terms of addressing a lot of our 25 readiness concerns is stability in the budget. Those budget uncertainties drive uncertainty Our private yards, our So the most useful thing Enclosure N Page 1 of 2 FITZGERALD_BENSON 013871 FITZGERALD_BENSON 013879 45 1 flag officers. 2 occurred or where the -- in this case, both ships were brought back to 3 appear -- one in Singapore, one in Yokosuka. 4 aspect of an investigation. 5 added cyber to that checklist because of obvious concerns with the fact 6 that everything we operate has a cyber component to it -- networks, gear, 7 radios. 8 is not -- we want to eliminate that as a potential causal factor to a 9 mishap. 10 They take a team to the site to where the collision Everything. And they go through every There is a checklist of things you do. We And so we want to make sure we understand that that Those investigations can take a week, 2, 3 weeks. And a report is 11 then passed to the convening authority. 12 at that point. 13 ask additional questions, go review the following things -- I am not 14 satisfied with X, Y, or Z. 15 back, look at those things, and provide an addendum to the report. 16 The investigation is not complete That convening authority then gets to endorse the report, And then the investigating officer has to go And then when commander of the 7th Fleet is complete with his 17 endorsement, it gets passed to PAC Fleet. 18 that is where the current report and investigation reside with Admiral 19 Swift. 20 and any findings of fact that he is unsatisfied with and wants further 21 investigation. 22 And in the case of Fitzgerald, He then has a responsibility to look at the report for completeness He can direct it in that endorsement. Ultimately, it comes to me, both of those investigations. So a lot 23 of people think that once the investigating officer submitted a report, the 24 investigation's done, we should share that information. 25 the opportunity to explain that the endorsement process is still part of But I appreciate Enclosure N Page 2 of 2 FITZGERALD_BENSON 013879 Congress grills Navy on ship collisions CNN.com September 7, 2017 Thursday 6:15 PM EST Copyright 2017 Cable News Network All Rights Reserved Section: POLITICS Length: 1032 words Byline: By Jeremy Herb and Barbara Starr, CNN Body Senior Navy officials told a congressional panel Thursday they are examining everything from a lack of training to taxingly long deployments to congressional budget headaches in order to get to the bottom of a spate of deadly ship collisions in the Pacific. Vice Chief of Naval Operations Adm. Bill Moran and Navy director of surface warfare Rear Adm. Ronald Boxall testified on Thursday before two House armed services subcommittees on the USS John S. McCain and USS Fitzgerald collisions, which claimed the lives of 17 sailors and led to the dismissal of the 7th Fleet commander. "We are shocked by these recent events," Moran said. "No matter how tough our operating environment, or how strained our budget, we shouldn't be and cannot be colliding with other ships and running aground. That is not about resourcing; it is about safety and it is about leadership at sea." The two destroyer collisions, along with two cruiser accidents in the Pacific earlier this year, have prompted major questions inside the Navy about the health of its fleet. Moran testified that the collisions themselves are under investigation with several reviews -- investigating the collisions as well as the Navy's deployment schedules and other factors -- but he acknowledged the Navy has dealt with growing demands and a shrinking fleet. "We continue to have a supply and demand problem which is placing a heavy strain on the force," he said. "All of these things culminate with this notion we aren't big enough to do everything we're being tasked to do," Moran added. "And our culture is, 'we're going to get it done,' because that's what the Navy is all about. And sometimes our culture works against us." The Navy vice chief also acknowledged that he incorrectly assumed that the forces which deployed the most would also be the best trained. "I personally made the assumption -- and I have made the assumption for many, many years -- that our forwarddeployed naval forces in Japan was most efficient, well-trained, most experienced force we had because they were operating all the time," Moran said. "I made the assumption. It was a wrong assumption in hindsight." Chief of Naval Operations Adm. John Richardson sent a memo to his team on Wednesday that said he was postponing the Navy's 3-4 star symposium planned for this month. Enclosure O Page 1 of 7 Page 2 of 3 Congress grills Navy on ship collisions "Instead of coming to Washington DC, look for places where these tearing down forces may have eroded your standard," Richardson wrote in the memo, which was obtained by CNN. "Each of us should have some 'red lines' -- a point beyond which we cannot go and still be safe and effective. If we can't meet that standard, we don't go until we can," Richardson wrote. A senior Navy official told CNN that Richardson may not have been aware of all the deficiencies at the time of the failed training certifications. In addition to the Navy's overall pace of operations, the hearing focused on ships that are based overseas. The Government Accountability Office has raised concerns for years about training and maintenance issues for overseas ships. Ahead of Thursday's hearing, GAO found that more than one-third of training certifications for the Navy's cruisers and destroyers based in Japan had expired in June -- a fivefold increase from 2015, according to GAO's testimony to the committee, which CNN first reported. Moran responded that when certifications expired, a ship's commanding officer still had to get a waiver with a plan approved to lower risk. But he acknowledged the rate of waivers needed was "alarming." The expired training certifications were just one of several issues involving maintenance and training for ships based abroad outlined by GAO's John Pendleton, who also testified Thursday. He said the Navy had pledged to address the lack of dedicated training time for ships based overseas back in 2015, but the service has yet to do so. Lawmakers delved into a number of potential issues surrounding the collisions, from lack of training to length of deployment and even the prospect that a cyber attack could have played a role, which Moran says has not materialized. "The material condition and the operational readiness of the ships are significantly degraded and not acceptable," said Rep. Rob Wittman of Virginia, chairman of the House armed services seapower subcommittee. "Of our large surface combatants, the majority of the forward-deployed ships are not properly ready to perform their primary warfare areas." Connecticut Rep. Joe Courtney, the top Democrat on the subpanel, asked whether there was also a leadership issue, and whether anyone was willing to say "no" when a ship wasn't ready. "Ultimately we're trying to figure out who decides, when you have the certification issues that Mr. Pendleton described, who calls time out and just says no?" Courtney asked. "When does it reach the point and where does it reach the point where someone says that's just not going to be deployed because it's not safe and it's not ready?" Congress' role was also a frequent topic of discussion, with the Navy officials and lawmakers themselves blaming Congress for failing to deliver timely budgets that hampered planning for ship maintenance and modernization. "Back in February, I cited funding reductions and consistent uncertainty about Congressional budget approvals as especially damaging, as they prevent us from taking steps to mitigate the burden on ships and sailors imposed by the high operational demand," Moran said. He got agreement from House armed services chairman Mac Thornberry, who has long complained about defense budgets being subject to lengthy continuing resolutions and the Budget Control Act. Thornberry told Moran not to hesitate to continue to call out the budget problems Congress is highlighting, but he also faulted Pentagon leaders during the Obama administration. Enclosure O Page 2 of 7 Page 3 of 3 Congress grills Navy on ship collisions "The leadership of the department in the last administration denied we had a readiness problem. They said we were just making it up," Thornberry said. Thursday's hearing is likely the first in a series on the issue. Sen. Roger Wicker, the chairman of the Senate's seapower subcommittee, told CNN he's likely to hold a hearing after the Navy completes its investigation into the collisions. Load-Date: September 8, 2017 End of Document Enclosure O Page 3 of 7 Navy gets grilled by House committee regarding deadly collisions - The San Diego Union... Page 1 of 4 Ad Place your ad here. Click triangle to begin. ? Navy gets grilled by House committee regarding deadly collisions Trump pick Richard V. Spencer tours Camp Pendleton on Wednesday after bustling Tuesday with Navy. By Jeanette Steele SEPTEMBER 7, 2017, 12:40 PM C ongressional members are painting a picture of a U.S. Navy out of whack in Asia, just as security tensions there are high. Two subcommittees of the House Armed Services committee held a hearing Thursday to grill Navy officials about a string of recent mishaps that killed 17 sailors and gravely damaged two U.S. warships. Enclosure O Page 4 of 7 http://www.sandiegouniontribune.com/military/sd-me-navy-collision-armed-services-heari... 5/18/2018 Navy gets grilled by House committee regarding deadly collisions - The San Diego Union... Page 2 of 4 An early theme that emerged is that ships stationed outside the continental United States for too long are not getting the attention they need. "Forward-deployed ships suffer as the Navy prioritizes operational deployments over maintenance and modernization,” said Rep. Rob Wittman, a Republican from Virginia and chairman of the seapower subcommittee. “This maintenance and training model places sailors at risk and clearly contributed to the incidents that we witnessed in Seventh Fleet.” Adm. Bill Moran outlined one reason that may have happened: The Navy gets more bang for its buck from ships stationed closer to the high-tension areas. The Navy gets four times the “presence” from forward-deployed ships, such as those in Asia, because time isn’t spent sailing to and from the United States, Moran said. The four-star admiral said the pressure on that kind of ship and ship crew may have risen too high. “Our culture is, ‘We’re going to get it done,’ because that's what the Navy is all about. And sometimes our culture works against us,” Moran, the vice chief of naval operations, told the committee. “Perhaps we’ve asked them to do too much.” The hearing was preceded by a report from a government watchdog agency finding that U.S. warships assigned to the busy Asia-Pacific command known as U.S. Seventh Fleet were way behind on training. More than a third of the Navy's destroyers and cruisers stationed in Japan had warfare training certifications that were expired as of June, according to U.S Government Accountability Office analysis delivered at Thursday’s hearing. Over two-thirds had been expired for five months or more. These certifications matter because they show that a crew is up to date on the training required to operate the vessel. The GAO also found that crew reductions contribute to sailors Navy-wide being overworked and to safety risks. The Navy slimmed down crew sizes in the early 2000s — in part due to more automation on ships. But the changes were not supported by analysis and may now be creating safety risks, the watchdog agency said in testimony delivered by John Pendleton, director of the GAO's defense capabilities and management unit. For instance, some sailors on ships are working more than 100 hours per week. Enclosure O Page 5 of 7 http://www.sandiegouniontribune.com/military/sd-me-navy-collision-armed-services-heari... 5/18/2018 Navy gets grilled by House committee regarding deadly collisions - The San Diego Union... Page 3 of 4 In response to that finding, Rep. Elizabeth Esty, D-Connecticut, said, “The notion that they are working 100-hour weeks is really terrifying, for them and for us.” Esty, who isn't on the Armed Services committee but asked to testify because one of the fallen sailors is from her district, said the safety issue is comparable to doctors in training working too many hours in a row. “I think that’s something you need to look at, the capacity for people to operate under pressure with those kinds of hours,” she said. “It’s simply unfair to them, it’s unsafe and it’s wrong.” Also, the Navy has been chronically unable to get maintenance done on time so that ships are available for training. The GAO says data shows that maintenance delays on 107 of 169 surface ships resulted in 6,603 lost operational days between 2011 and 2016. These problems come against the backdrop of the Navy wanting to increase its fleet to 355 ships from today’s 277 and to assign more ships to Asia. Rep. Duncan Hunter, R-Alpine, suggested officials might be casting too wide a net by scrutinizing ship assignments and maintenance schedules when looking for fixes for the ship mishaps. “This wasn’t a complex (thing), like suppression of enemy air defense or something crazy like that. This was ships hitting other ships and running aground,” Hunter said at the hearing. “I think it’s easy to … say there’s all these different problems, as opposed to not seeing a ship on a radar, or with your binoculars out the window. It’s almost easy to get too carried away and not be narrow enough on this.” Up next, probably: More congressional hearings on the topic. Also, the Navy is working on several investigations that will shed more light on the collisions. “We need to ask that those reports are open and available to people,” said Rep. Susan Davis, D-San Diego, in an interview with The San Diego Union-Tribune after the hearing. “I hope that our sailors have a chance to look at them. I want to be sure that all the way up the chain, our sailors who were working on the ships, that they have the ability to respond,” said Davis, a member of the committee. Welcome to The Intel, a blog examining the hot military news of the day The committee is looking at a string of U.S. military accidents that involve Navy, Marine Corps and Army aircraft and vessels and resulted in the deaths of 42 troops. Enclosure O Page 6 of 7 http://www.sandiegouniontribune.com/military/sd-me-navy-collision-armed-services-heari... 5/18/2018 Navy gets grilled by House committee regarding deadly collisions - The San Diego Union... Page 4 of 4 • June 17: Seven sailors — including two from San Diego County — were killed after then Japanbased destroyer Fitzgerald destroyer collided before dawn with a container ship. • July 10: Sixteen troops were killed when a Marine Corps KC-130 plane crashed in Mississippi. • August 5: Three Marines died when their MV-22 Osprey crashed while on final approach to the USS Green Bay off the coast of Australia. • August 15: Five Army troops died when their UH-60 Black Hawk went down during a nighttime training exercises off Hawaii. • August 21: Ten sailors died when the Japan-based destroyer John S. McCain collided with a Liberian chemical tanker. • August 25: One soldier died when an Army Black Hawk helicopter crashed off Yemen’s coast during a training exercise. Additionally, the San Diego-based cruiser Lake Champlain was hit by a South Korean fishing boat while deployed in Asia in May. The cruiser did not suffer major damage. And in January, the Japanbased cruiser Antietam ran aground on shoals just outside its base in Yokosuka and spilled fluid into Tokyo Bay. In response to the ship mishaps, the Navy on Aug. 21 ordered an “operational pause” for the entire fleet to revisit basic seamanship fundamentals. The Navy is also doing an investigation of the conditions in the Seventh Fleet, which is headquartered in Yokosuka, Japan. Seventh Fleet commander, Vice Adm. Joseph Aucoin, was removed from his job as an expression of loss of confidence. It was a somewhat ceremonial gesture; Aucoin was already scheduled to retire a month later. jen.steele@sduniontribune.com Facebook: U-T Military Twitter: @jensteeley Copyright © 2018, The San Diego Union-Tribune This article is related to: Asia, U.S. Navy, Duncan Hunter, Susan Davis, Elizabeth Esty, Rob Wittman, Camp Pendleton Enclosure O Page 7 of 7 http://www.sandiegouniontribune.com/military/sd-me-navy-collision-armed-services-heari... 5/18/2018 STATEMENT OF ADMIRAL JOHN M. RICHARDSON CHIEF OF NAVAL OPERATIONS BEFORE THE SENATE COMMITTEE ON ARMED SERVICES ON THE RECENT U.S. NAVY INCIDENTS AT SEA SEPTEMBER 19, 2017 Chairman McCain, Ranking Member Reed, and distinguished members of the Committee, thank you for the opportunity to appear before you today to discuss the recent U.S. Navy incidents at sea. To begin, I want to express my deep condolences to the families of the 17 Sailors who served their country with honor and distinction and lost their lives in USS FITZGERALD and USS JOHN S. MCCAIN. In both of these tragic incidents our Sailors acted heroically to save their ships as they combatted flooding and the loss of critical systems. Care and support to the families of these Sailors is our top priority. I have committed to them that we will learn everything we can from these tragic events to prevent another accident. We will always stand with these families. What we do is inherently dangerous. It is a leadership responsibility to ensure we provide the right oversight and training to keep our team at their operational peak. We are taking immediate actions to prevent another mishap. ● I directed a pause across the Navy, both ashore and afloat, to review our fundamentals to ensure safe and effective operations, and to correct any areas that require immediate attention. This pause has been completed, with commanders incorporating deliberate processes in their operations to better manage risk. ● We have commenced Readiness for Sea Assessments (RFSA) for all ships assigned to Japan, to inspect and assess watchstander proficiency and material readiness to ensure ships are able to safely navigate, communicate and operate. Immediate remediation will be conducted for ships found deficient, and they will not be assigned for operational tasking until they are certified to be ready. Enclosure P Page 1 of 9 ● We have taken measures to ensure our Sailors get sufficient sleep in all shipboard routines to address fatigue concerns. ● All material problems involving ship control have been given increased priority for repair. ● To ensure SEVENTH Fleet ships are properly certified, the Pacific Fleet Commander is standing up Naval Surface Group Western Pacific (NSGWP) to consolidate authorities to oversee the training and certification of forward-deployed ships based in Japan. ● We have commenced a review of certifications of each ship, to include developing a plan for each to regain currency and proficiency across all certification areas. All waivers for ships whose certification has expired will now be approved by the Pacific Fleet Commander. ● We have increased focus across the force on open communication and thorough debriefing and assessment of operations and evolutions through instilling the practice of “Plan, Brief, Execute, Debrief” across commands. Other cultural changes include increasing unit-level operational pauses, increasing access to lessons learned, and encouraging time for repercussion-free self-assessments. In addition to these actions, the pause yielded results across all communities to promote a renewed focus on safety, communication and professionalism in the execution of “routine” operations. Leaders at every level addressed fighting against over-confidence, inattention, and complacency through emphasis on adherence to procedures and on applying sound operational risk management procedures. We will continue to enhance our safety culture in which each Sailor is empowered to act to control hazards before they become a mishap. We are not stopping there. In addition to the investigations into the specific incidents on USS FITZGERALD and USS JOHN S. MCCAIN, the Vice Chief of Naval Operations directed a Comprehensive Review to examine for more systemic problems. Led by Admiral Phil Davidson, Commander, U.S. Fleet Forces Command, this effort will review individual training and professional development, to include seamanship, navigation, voyage planning, leader development and all aspects of tactical training. The review will also address unit level and operational performance, to include oversight and risk 2 Enclosure P Page 2 of 9 management at all levels of the chain of command. The development and certification of deployed operational and mission standards – force generation – will be reviewed, with an emphasis on Forward Deployed Naval Forces. It will also include a review of the material readiness of our ships, and the systems required to operate them, to include navigation, propulsion, steering, combat systems and material availability. The review team includes experts from within the Navy and outside experts from other services, academia, and the civilian sector. This approach will help ensure we don’t have any blind spots as we look hard at every aspect of our operations. We will be transparent with the results of these reviews and our actions. I have testified several times about the “triple whammy” - the corrosive confluence of high operational tempo constrained funding levels, and budget uncertainty. Although warfighting capabilities of ships have dramatically increased in the last century, the size and scope of U.S. responsibilities around the world have also increased, and the Navy is feeling the strains of consistently high operational tempo. Added to this challenge, eight years of continuing resolutions and the Budget Control Act have impacted the ability to plan and schedule training, ship maintenance, and modernization. With the $2.8B in funding approved in Fiscal Year 17, we are plugging the most urgent readiness holes in the fleet. Our Fiscal Year 18 request sustains the readiness progress, increases end strength, modernizes our current platforms, and purchases future platforms and capabilities needed to sustain the advantage over our adversaries. While we have prioritized our maintenance and readiness dollars, the positive effects of funding will not remove this deficit overnight; it will take time with stable resources to sustain the upward trend. While these factors exert a negative force on the challenges we face, make no mistake: at the core, this issue is about command. No matter what the situation, those charged with command must hold the standard that ensures our forces are trained and certified to safely and effectively conduct assigned operations. We must remain vigilant to meeting this standard, fighting against every pressure to erode it. We must look at our “can do” culture and ensure it is also a culture that promotes a clear-eyed view of safety and readiness. 3 Enclosure P Page 3 of 9 We have been subject to ● budget pressures to "do more with less" ● operational pressures to put busy forces on station more quickly and more often ● schedule pressures to make adjustments to training and maintenance plans. None of these can excuse our commanders from adherence to the absolute standard to develop safe and effective teams. And when we fall short of the ideal, we must make a thoughtful assessment of the results, and where necessary put mitigations in place. If the situation becomes untenable and we cannot meet the standard, we must not deploy until we’re ready. It is the diligence and leadership of our commanding officers at every level that will implement the changes needed to ensure our Navy remains the world’s most capable Navy. These incidents demand our full attention to provide our Sailors the necessary resources and training to execute their assigned missions. I own this problem. I am accountable for the safe and effective operations of our Navy, and we will fix this. I am confident that our Navy will identify the root causes and correct them, and that we’ll be better in the end. I look forward to your questions. 4 Enclosure P Page 4 of 9 1 And I want to say to all of our Navy families who have 2 lost loved ones, thank you for being here today. 3 with you, and we owe you an explanation of what happened. 4 And I know our leadership feels the same way. 5 We grieve Admiral Richardson, in the last year, the Navy has had 6 four incidents involving the loss of life or injury. 7 three of the four, the ships involved were home-ported 8 overseas. 9 found that the Navy counts ships home-ported overseas as In fact, all in the same port, in Japan. In GAO 10 being in, quote, "permanent deployment status" resulting in 11 fewer training hours for sailors. 12 GAO found there were no dedicated training periods at all 13 for ships home-ported in Japan. 14 GAO's recommendations, and reported that it had developed 15 revised operational schedules. 16 -- that's 2 years after the report, August of this year -- 17 Pacific Fleet officials told GAO that the revised schedules 18 were, quote, "still under review." 19 20 And, in fact, in 2015, The Navy concurred with the But, as recently as August Now, Admiral Richardson, 2 years is a long time. So, what's the holdup here? 21 Admiral Richardson: No, there's no excuse for that. 22 We're investigating how that gap opened up. 23 nothing defensible I can say for that. 24 Senator Warren: 25 way to close this -- Okay. I'm -- there's I assume we're going to find a 66 Alderson Court Reporting 1-800-FOR-DEPO www.aldersonreporting.com Enclosure P Page 5 of 9 1 Admiral Richardson: 2 Senator Warren: 3 Admiral Richardson: 4 Senator Warren: We are. -- quickly now? Absolutely. So, let me just keep asking, though, 5 about where things have gone wrong. 6 respective incidents, did the crews of the Fitzgerald and 7 the Antietam and the McCain have up-to-date warfare 8 certifications? 9 Admiral Richardson: 10 11 Senator Warren: up-to-date -- Admiral Richardson: 13 Senator Warren: 14 Admiral Richardson: 16 Ma'am, many of them did not. Of the three, do you know how many had 12 15 At the time of their Well -- -- certifications? -- I can get you the exact number. There's a number of different certifications. And I'll provide that exact number for the record. 17 18 [The information referred to follows:] [COMMITTEE INSERT] 19 20 21 22 23 24 25 67 Alderson Court Reporting 1-800-FOR-DEPO www.aldersonreporting.com Enclosure P Page 6 of 9 1 2 Admiral Richardson: But, all three of them, because it was pervasive in the forward-deployed naval forces -- 3 Senator Warren: Do you know, offhand, how many 4 overseas home-ported fleet -- how much, what percentage of 5 our overseas home-ported fleet currently has expired warfare 6 certifications? 7 Admiral Richardson: There are -- just about every ship 8 has some element of their certification expired. 9 be managed. That can If it's one thing and -- an advanced warfare 10 mission, for instance, they just don't assign them to that 11 mission. 12 becomes too many areas, and particularly in those areas that 13 are directly related to safe and effective operation, the 14 fundamentals. Where it becomes troublesome is that -- if it 15 Senator Warren: 16 Admiral Richardson: 17 Right. And so, that's when it becomes of great concern. 18 Senator Warren: So, it -- the GAO reported, just last 19 month, that 37 percent of cruisers and destroyers home- 20 ported in Japan had expired certifications in 2017. 21 that sound about right to you? 22 Admiral Richardson: 23 I'll leave it to Mr. Pendleton to do the math, but that does sound about right. 24 25 Does Senator Warren: Okay. So, let me just ask, Admiral Richardson, do you believe it's irresponsible to allow our 68 Alderson Court Reporting 1-800-FOR-DEPO www.aldersonreporting.com Enclosure P Page 7 of 9 1 sailors to deploy repeatedly on cruises without the training 2 they need to ensure the safety of the ship and its crew? 3 Admiral Richardson: Yeah, what had happened in those 4 areas, ma'am, is that when -- I mean, the team out there was 5 conscious that these certifications were expiring. 6 a bit like your driver's license expiring. 7 necessarily mean that you don't know how to drive anymore; 8 it's just -- you know, there's -- that expire. 9 do need to recognize that those certifications mean 10 And it's It may not However, we something. 11 Senator Warren: Yes. 12 Admiral Richardson: And they need to go back and 13 recertify. 14 would do an evaluation, just like I discussed, and said, 15 "Okay, well, the certification is expired. 16 to get a time to get onboard and do the certification for 17 some time, and so we'll do a discussion or an administrative 18 review to extend that." 19 plan. 20 this, kind of, boiling-frog scenario that, over time, over 21 the last 2 years, really, became acute. 22 And so, what had happened instead is that they We're not going That was called a risk mitigation That became pretty pervasive. And so -- so, it was And so, to answer your question yes/no, Is it 23 irresponsible? 24 wanted to give you a sense for how that came about. 25 Yes, it is irresponsible. Senator Warren: But, I just And I appreciate that. And what I'm 69 Alderson Court Reporting 1-800-FOR-DEPO www.aldersonreporting.com Enclosure P Page 8 of 9 1 that have been elicited so far, in dealing with this 2 intensely human tragedy in such an abstract way, which maybe 3 makes it easier to address. 4 find these crashes incomprehensible. 5 But, I think most Americans So, let me begin by asking you, Admiral, Is there any 6 indication, so far, that there was equipment failure on 7 either the Fitzgerald or the McCain? 8 9 Admiral Richardson: that. Sir, we're taking a look at all of And that'll be part of the investigation -- 10 investigative results when we come out. 11 say conclusively whether that contributed. 12 only the operating status of the equipment, but how it was 13 operated. 14 with the procedures? 15 part of the result of that investigative look. 16 It's premature to But, it's not Was it being operated properly, in accordance You know, all of these things will be Sir, I do also have to comment on how absolutely human 17 this is to us. 18 me, and the opportunity to be with their families when they 19 see them come back in these coffins makes it intensely 20 human. 21 Every one of those sailors is like a son to And so, we're going to get after this. Senator Blumenthal: By the way, I did not mean to 22 imply that anybody on this panel, and particularly you, 23 Admiral, who has devoted your life to the Navy and service 24 and sacrifice, would feel anything but the most intense pain 25 and grief as a result. And, having a son who has served in 100 Alderson Court Reporting 1-800-FOR-DEPO www.aldersonreporting.com Enclosure P Page 9 of 9 Navy secretary on recent fatal accidents: 'We have a problem' CNN.com September 19, 2017 Tuesday 11:44 AM EST Copyright 2017 Cable News Network All Rights Reserved Section: POLITICS Length: 644 words Byline: By Ryan Browne Body The secretary of the Navy Richard V. Spencer acknowledged Tuesday that a failure of leadership as well as a lack of resources had contributed to the deaths of 17 sailors this year and said the Navy faces a range of challenges with regards to the safety of its ships. "We have a problem in the Navy and we are going to fix it," Spencer told a Senate Armed Services Committee hearing on recent naval incidents at sea, including collisions involving the USS Fitzgerald and the John S. McCain. Spencer and Chief of Naval Operations Adm. John Richardson faced a grilling from senators, including the committee's chairman, Sen. John McCain, who is the grandson and son of the John S. McCain's namesake. "It's simply unacceptable for US Navy ships to run aground or collide with other ships, and to have four such incidents in the span of seven months is truly alarming," McCain said in his opening statement. "How in the world does a billion-dollar destroyer not know that there is a freighter closing in on it? I don't understand how this could possibly happen and I've talked to Maine lobstermen -- they're scratching their heads, they can tell when there's a flock of seagulls are off there bow," Maine Independent Sen. Angus King asked the witnesses, questioning why the ships' radars or on-board lookouts/watch crews were unable to detect the civilian ships. "It's really unacceptable in this day and age with the technology that we have to have something like this happen regardless of the wider issues, this is just unacceptable from a modern seamanship point of view," King added. "Sir, I agree with you 100%," Richardson said in responding to King's line of questioning, adding: "Proper operation of your equipment, fundamentals of watch standing, those are the things that we have to look at." While both Spencer and Richardson said that budget cuts brought about by sequestration and continuing resolutions had a negative impact on readiness and training, Richardson pointed to leadership issues as being a major factor behind the recent incidents. Richardson called "inadequate budgets" and constraints on resources a "negative force" but added that "at the core, this issue is about leadership, especially command." "I am accountable for the safe and effective operations of our Navy and we will fix this. I own this problem. I am confident the Navy will identify the root causes and correct them and that we'll be better in the end," Richardson said. Enclosure Q Page 1 of 14 Page 2 of 2 Navy secretary on recent fatal accidents: 'We have a problem' The Navy has launched multiple investigations, a safety pause, and reviews in the wake of the recent accidents. Spencer said the reviews will include a CNO-led "comprehensive review" that will "take a look at the tactical and operational situation" as well as a departmental "strategic readiness review" that he said will involve "an independent team comprised of military and industry experts that will look and examine root causes, accountability, long-term systemic issues, and then provide remedial insight." "We are taking immediate corrective actions to ensure we meet the training and material readiness standard to prevent another mishap," Richardson said. The Navy has also taken several personnel actions, including sacking the commander of the Fitzgerald and several other senior officers as well as the commander of 7th fleet, the first time a fleet commander has ever been relieved of duty. But McCain but said some changes, such as prohibiting crew members from working 100 hours a week, should not await studies and strategic reviews. "I appreciate all our plans and all our remedies but there are some of them that are just common sense that don't require a study so I think the men and women who are serving in the Navy would like to see some immediate action taken," McCain said. CORRECTION: This story has been updated to clarify that the Commander of the USS John S. McCain has not been relieved of duty. Load-Date: September 21, 2017 End of Document Enclosure Q Page 2 of 14 John McCain: Navy leaders knew about problems years before deadly ship collisions The Examiner (Washington, DC) September 19, 2017 Tuesday Copyright 2017 ProQuest Information and Learning All Rights Reserved Copyright 2017 Clarity Media Group, Inc. Sep 19, 2017 Length: 352 words Byline: Travis J. Tritten Dateline: Washington, D.C. Body FULL TEXT The Navy knew about problems related to the state of its ships and crews years before those problems might have contributed to two collisions over the summer that killed 17 sailors, Sen. John McCain, R-Ariz., charged Tuesday. Reviews in 2010 and 2015 pointed to limited training and growing maintenance backlogs that were degrading ships stationed overseas and potentially raising risk for sailors, McCain said during a Senate Armed Services Committee hearing on the incidents to hear testimony from the service's top two leaders. "Many of the issues we are discussing today have been known to Navy leaders for years. How do we explain that?" he asked. Adm. John Richardson, the chief of naval operations, said the service has been making "steady investments" to close what he called a readiness-effectiveness gap in the fleet. "Sir, there is no explanation to reconcile those two observations," he told McCain. "While clearly there is much more to be done ... there has been also an effort to address those observations. We have not been sitting idle." Richardson and Navy Secretary Richard Spencer testified that the service is working to find the root causes of the two deadly collisions in the Pacific but also acknowledged the service is stretched too thin to meet the global demands of commanders. Investigations are ongoing into the USS John S. McCain collision near Singapore in August and the USS Fitzgerald collision off Japan in June. Richardson and Spencer have also launched two Navy-wide reviews aimed at improving safety. A review by the Government Accountability Office found that 37 percent of warfare certifications are expired among ships in the western Pacific where the McCain and Fitzgerald were stationed and that crews were overworked. "Is it true that some of our sailors are working 100-hour weeks?" McCain asked Richardson. "Sir, I will not deny that," Richardson said. "The sailors are working very hard." The Navy has conducted studies on the workload of crews on its destroyers and cruisers and tried to add more crew, Richardson said. Enclosure Q Page 3 of 14 Page 2 of 2 John McCain: Navy leaders knew about problems years before deadly ship collisions Credit: Travis J. Tritten, Poliical Correspondent Load-Date: February 2, 2018 End of Document Enclosure Q Page 4 of 14 Navy Leaders Pledge to Solve Problems Stretching Limits of Sailors The New York Times September 19, 2017 Tuesday 00:00 EST Copyright 2017 The New York Times Company All Rights Reserved Section: US; politics Length: 724 words Byline: HELENE COOPER Highlight: Navy officials cited extended deployments and 100-hour workweeks as among factors plaguing sailors as senators demanded answers for deadly accidents this year. Body WASHINGTON — The Navy’s top leaders acknowledged on Tuesday that the country’s fleet of warships and their accompanying sailors are deeply stretched because of a combination of 100-hour workweeks, budget constraints, extended deployments and delays in training and maintenance. But they insisted that they are not ready to say definitively that those factors contributed to four accidents in the western Pacific this year, two of which left a total of 17 sailors dead. Nonetheless, Adm. John Richardson, the chief of naval operations, promised the Senate Armed Services Committee that “we will fix this.” In a moving tableau, visibly grieving relatives of the fallen sailors sat behind Admiral Richardson, Navy Secretary Richard Spencer and John H. Pendleton, a director at the Government Accountability Office. Their appearance lent a weight to the proceedings that seemed to cut through talk of mandatory budget restrictions imposed by Congress. “Your presence here today reminds us of our sacred obligation to look after the young people who volunteer to serve in the military,” Senator John McCain, Republican of Arizona and chairman of the Armed Services Committee, told the family members. “It is simply unacceptable for U.S. Navy ships to run aground or collide with other ships — and to have four such incidents in the span of seven months is truly alarming.” The string of accidents began in January, when a missile cruiser, the Antietam, ran aground while it tried to anchor in Tokyo Bay. In May, another missile cruiser, the Lake Champlain, collided with a South Korean fishing boat in the Korean Peninsula. No one died in those episodes. Seven sailors were killed in June when the destroyer Fitzgerald collided with a container ship near Japan. The collision last month of the John S. McCain — another destroyer, named after Mr. McCain’s father and grandfather — and an oil tanker in Southeast Asia left 10 sailors dead. The fallout was quick. The Navy relieved the Fitzgerald’s captain of his command, and after the McCain collision, the commander of the Seventh Fleet, Vice Adm. Joseph P. Aucoin, was also relieved of duty. The Navy also directed all 277 Navy ships worldwide to suspend operations for a day or two to examine basic seamanship and teamwork, and ordered a comprehensive review of fleet operations, training and staffing to be completed within 60 days. Mr. Pendleton painted a grim portrait of a Navy in the Pacific that is stretched to its limits. He said reductions in crew size have led to workweeks of 100 hours for some sailors. Because ships in the Pacific, home to the Seventh Fleet, are out to sea more frequently than ships in other places, those ships and crews do not get the requisite amount of maintenance and training, he said. Enclosure Q Page 5 of 14 Page 2 of 2 Navy Leaders Pledge to Solve Problems Stretching Limits of Sailors Mr. McCain called for a stop to long hours. “I know what 100 hours a week does to people over time, and that has been standard procedure for a long time,” he said. Several family members at Tuesday’s hearing appeared to grimace when talk turned to the 100-hour workweek. Long hours are fairly standard aboard Navy ships, and even during scheduled times off, sailors are often called upon to respond quickly to problems that arise at sea. During a deployment last year in the South China Sea aboard the cruiser Chancellorsville, several sailors told a visiting reporter that they routinely got less than four hours of sleep a night for weeks at a time. The spate of recent noncombat deaths in the military has not been limited to the Navy. Since June, 56 service members have been killed or injured in training or during standard maneuvers that did not involve enemy combatants. Defense Secretary Jim Mattis said on Monday that he is looking into whether military leaders are agreeing to demands and requests that are stretching service members too thin. “We’re almost hard-wired to say ‘can-do,’” Mr. Mattis told reporters at the Pentagon, responding to a question about whether military commanders should be saying no more often. “That is the way we are brought up, routinely, and in combat, that is exactly what you do even at the risk of your troops and equipment and all.” Related Articles • Fatigue and Training Gaps Spell Disaster at Sea, Sailors Warn • At Yokosuka, 7th Fleet’s Home Port, Worrying and Wondering, ‘Why?’ • Maritime Mystery: Why a U.S. Destroyer Failed to Dodge a Cargo Ship Load-Date: September 21, 2017 End of Document Enclosure Q Page 6 of 14 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 1 of 8 (/) Front Page (/) Share Search Subscribe (/subscribe/) (//www.stripes.com/) Home (/) / News (/news) / Login Navy (/news/navy) Senators grill Navy officials on crashes, sailors' deaths (/polopoly_fs/1.488455.1505838034!/image/image.jpg_gen/derivatives/landscape_900/im Enclosure Q Page 7 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 2 of 8 Secretary of the Navy Richard V. Spencer testifies at a Senate Armed Services Committee hearing on Capitol Hill, Sept. 19, 2017. Behind him are Chief of Naval Operations Adm. John M. Richardson and John H. Pendleton, the Government Accountability Office's director of defense force structure and readiness issues. JOE GROMELSKI/STARS AND STRIPES Email Print Reddit Tweet Share Pinterest More (//www.addthis By CLAUDIA GRISALES (/reporters/2.2467?author=Claudia_Grisales) STARS AND STRIPES Published: September 19, 2017 WASHINGTON — A row of grieving families looked on Tuesday morning as top Navy officials told a chorus of frustrated senators that years of high operational demands combined with budget constraints could have contributed to two deadly ship crashes. “We have a problem in the Navy,” Navy Secretary Richard V. Spencer acknowledged during his first testimony on Capitol Hill addressing the crashes. “We are going to fix it.” But Adm. John Richardson, the chief of naval operations, said he is still unable to confirm whether funding cuts and overworked crews contributed directly with the ship collisions in the summer that resulted in the deaths of 17 sailors. In more than two hours of testimony, Navy officials assured the Senate Armed Services Committee that they are making immediate procedural adjustments as well as conducting several ongoing investigations. Aside from an operational pause in August following the USS John S. McCain crash, Spencer and Enclosure Q Page 8 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 3 of 8 Richardson said they have boosted readiness ship inspections in the 7th Fleet, taken new measures to ensure that sailors are getting sufficient sleep as part of their work routines and prioritized repairs of ship control problems. Spencer and Richardson were there Tuesday to account for the Navy’s troubled year at sea. The service has seen four significant mishaps this year, including two separate ship collisions of the McCain and the USS Fitzgerald in June. “How can this possibly happen?” Sen. Angus King, I-Maine, asked of the deadly collisions. Spencer and Richardson told senators the Navy’s ongoing probes into the crashes will be completed this fall. The first of several Navy probes is slated to be completed by mid- to late October. “We will get to the sequence of events,” Richardson said. It was the second public meeting between top Navy officials and congressional members on Capitol Hill this month. Among the attendees at both hearings was Rachel Eckels, the mother of Petty Officer 2nd Class Timothy Thomas Eckels Jr. Her son was one of 10 sailors killed in the McCain crash on Aug. 21. “We just want answers,” Eckels said ahead of Tuesday’s hearing. Adm. William Moran promised House members at a subcommittee hearing Sept. 7 that the service would get to the bottom of the mishaps and “leave no stone unturned.” GALLERY Enclosure Q Page 9 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 4 of 8 (/polopoly_fs/1.488477.1505844613!/image/image.jpg_gen/derivatives/landscape_900/image Secretary of the Navy Richard V. Spencer, right, talks with Theresa Palmer, mother of Petty Officer 3rd Class Logan Palmer, before a Senate Armed Services Committee hearing on Capitol Hill, Sept. 19, 2017. At left is Sid Palmer, the father of the sailor who died in a collision between the USS John McCain and a tanker near Singapore on August 21. In the background is Rachel Eckels, whose son, Petty Officer 2nd Class Timothy Thomas Eckels Jr., also died on the McCain. JOE GROMELSKI/STARS AND STRIPES In a report presented during the House hearing, the Government Accountability Office, a federal watchdog agency, said the Navy has been woefully behind on addressing a long list of outstanding and urgent readiness issues. Enclosure Q Page 10 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 5 of 8 On Tuesday, Sen. John McCain, R-Ariz., chairman of the Armed Services Committee, acknowledged there are likely a series of contributing factors to the crashes, including defense funding cutbacks forcing servicemembers to do more with less. “This is troubling,” McCain said in his opening remarks. “This is unacceptable.” Among GAO concerns cited in its report, the agency highlighted an increase in the number of ships based overseas without current certifications, crew-size reductions that have contributed to overworked sailors and a possible increase in safety risks as well as an inability to complete maintenance on time. For example, the agency reported more than one-third of needed warfare certifications for Japan-based cruiser and destroyer crews had expired. The agency had reported on the expired certifications in a May 2015 report and revisited the issue in time for the House hearing. “As of June 2017, 37 percent of the warfare certifications for cruiser and destroyer crews homeported in Japan had expired, and over two-thirds of the expired certifications… had been expired for 5 months or more,” the report stated. “This represents more than a five-fold increase” since the May 2015 report. During Tuesday’s hearing, Richardson confirmed at least one of the report’s findings that sailors are working more than 100 hours a week and officials are studying the issue. “It doesn’t take a study… when you are making people work 100 hours a week, OK? I think I know what 100 hours a week does to people over time,” a frustrated McCain said during one of the more tense moments of the hearing. “Why not declare a stop, a halt right now, right now? They should not be working Enclosure Q Page 11 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 6 of 8 100 hours a week. So I appreciate all our plans, …but there are some of them that are just common sense. I think the men and women of the Navy would like to see some immediate action.” Following the hearing, Spencer stopped short of saying the 100-hour work weeks are no longer a factor for sailors. “I have not gotten that granular as far as the 100-hour work weeks,” he said. “I don’t know exactly where the 100 number came from -- the GAO report, what they did for the analysis. But obviously, it’s something we are going to look at.” ARTICLE CONTINUES BELOW elieves two more commanders in 7th Fleet after collisions (/navy-relieves-two-moreanders-in-7th-fleet-after-deadlyons-1.488250) RELATED ARTICLES Career aviator takes charge of 3rd Fleet as Pa widens (/news/career-aviator-takes-chargefleet-as-pacific-role-widens-1.488235) Days after the McCain crash, Vice Adm. Joseph Aucoin, who led the Navy’s 7th Fleet, was relieved of his command. In addition, Navy officials ordered a pause of fleets worldwide and directed a review of surface fleet operations. On Monday, the Navy relieved two additional 7th Fleet commanders: Task Force 70 commander Rear Adm. Charles Williams and Destroyer Squadron 15 commander Capt. Jeffrey Bennett. Enclosure Q Page 12 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 7 of 8 But the Navy still faces an uphill climb in addressing the concerns laid out in the GAO report, said John H. Pendleton, GAO director of Defense Capabilities and Management, who also testified Tuesday at the Senate hearing. Among them, Navy shipyard deficiencies, the subject of another recent GAO report, will need to be addressed, he said. “It’s going to be hard to get out of this vicious cycle,” Pendleton said. McCain has long argued a larger defense budget is needed to address a readiness crisis in the armed forces. On Monday night, McCain helped shepherd through passage of a $700 billion Senate defense bill, which is now headed to conference committee for reconciliation with a House version. The plan also faces a budgetary battle later this year, since the bill will require special congressional action to exceed a defense spending cap of $549 billion. “There’s plenty of blame to go around,” McCain said Tuesday. But “we cannot ignore Congress’ responsibility.” Previous GAO findings have highlighted the Navy’s longer deployments for sailors, curtailed training and reduced or delayed maintenance to meet high operational demands. The agency had previously laid out nearly a dozen recommendations to address such concerns, but the Navy had only addressed one by this month. The agency also found the Navy has doubled the number of ships based overseas, which has resulted in reduced training periods. Also, it found during a recent 5-year period, maintenance overruns on more than 60 percent of surface ships has resulted in more than 6,000 lost operational days. Enclosure Q Page 13 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 Senators grill Navy officials on crashes, sailors' deaths - Navy - Stripes Page 8 of 8 “The Navy …continues to face challenges with manning, training and maintaining its existing fleet. These readiness problems need to be addressed,” the report stated. “In addition, continued congressional oversight will be needed to ensure that the Navy demonstrates progress in addressing its maintenance, training and other challenges.” grisales.claudia@stripes.com (mailto:grisales.claudia@stripes.com) Twitter: @cgrisales (http://www.twitter.com/cgrisales) Enclosure Q Page 14 of 14 https://www.stripes.com/news/navy/senators-grill-navy-officials-on-crashes-sailors-deaths-... 5/17/2018 FITZGERALD_BENSON 000001 DEPARTMENT OF THE NAV Y VICE C HI EF OF NAVAL OPERA T ION S 2000 N A VY PE N TAGO N WASHINGTON DC 20350-2000 IN REPLY REFERTO 5800 Ser N09/ 17Ul 005 30 30 Oct 20 17 From: Vice Chief of Naval Operations To: Commander, Military Personnel Detachment, Office of Naval Reactors, Department of Energy Subj: CONSOLIDATED DISPOSITION AUTHORITY FOR ACCOUNTABI LITY ACTIONS RELATING TO THE COLLISIONS AT SEA INVOL VINO USS FITZGERALD (ODO 62) AND USS JOHN S. MCCAIN (DDG 56) Ref: (a) CNO Delegation of Authority ltr 5402 Ser N00/ 100040of1 Jul 14 (b) CNO Delegation of Authority ltr 5402 Ser N00/17U l 00044of 16 Jun 17 (c) R.C.M. 306, Manual for Courts-Martial (2016) (d) R.C.M. 401, Manual for Courts-Martial (2016) (e) R.C.M. 601, Manual for Courts-Martial (2016) 1. On June 17, 20 17, in the U.S. SEVENTH Fleet area of operations, USS FITZGERALD collided with M/Y ACX CRYSTAL resulting in the deaths of seven U.S. Navy Sailors. Sixtyfive days later on August 21 , 20 17, again in the U.S. SEVENTH Fleet area of operations, USS JOHNS. MCCAIN and MN ALNIC MC collided resulting in the deaths of ten more U.S. Navy Sailors. 2. Separate investigations were convened to examine the facts and circumstances surrounding each collision. After the FITZGERALD collision, accountability actions were taken by the thenCommander, U.S. SEVENTH Fleet. After the MCCAIN collision, accountability actions were taken by the current Commander, U.S. SEVENTH Fleet and Commander, U.S. Pacific Fleet. In addition, following the MCCAIN collision, l directed Commander, U.S. Fleet Forces Command to conduct a Comprehensive Review (CR) of surface fleet operations and incidents at sea over the past decade. The CR" s findings, opinions, and recommendations were signed and delivered on October 26, 20 17. and provide additional insight into the collisions. 3. The complex ity, scope, and tragic consequences of these collisions require that the Navy exercise due diligence in determining whether all appropriate accountability actions have been taken. Therefore, consistent with references (a) through (e), you are designated as the Consolidated Disposition Authority (CDA) for administrative and disciplinary actions related to the FITZGERALD and MCCAIN collisions. As CDA, you have the authority to review all relevant information, including accountability actions taken to date, and to take additional administrative or disciplinary actions as appropriate. All CDA determinations are within your sole discretion and are to be based upon your independent professional judgment. 4. Jn accordance with reference (c), I withhold the authority of all other Navy commanders to take further disciplinary or administrative actions related to the collisions at sea involving FITZGERALD and MCCAIN. Enclosure (R) Page 1 of 2 FITZGERALD_BENSON 000001 FITZGERALD_BENSON 000002 Subj: CONSOLIDATED DISPOSITION AUTHORITY FOR ACCOUNTABILITY ACTIONS RELATING TO THE COLLISIONS AT SEA INVOLVING USS FITZGERALD (DDG 62) AND USS JOHN S. MCCAIN (DDG 56) 5. I appoint Captain Michael Luken, JAGC, USN as your senior legal advisor. 6. By copy of this letter, Commander, Navy Installations Command and Commander, Naval Legal Service Command are directed to provide resources and support, as required. 7. My point of contact for this matter is Commander Dustin E. Wallace, JAGC, USN, at (703) 695-3480 or dustin.e.wallace@navy.mil. ~ W.F.MORAN Admiral, U.S. Navy Copy to: SECNAV CNO COMPACFLT JAG CNIC CNLSC 2 Enclosure R Enclosure FF Page 2 of 2 FITZGERALD_BENSON 000002 Navy Releases Collision Report for USS Fitzgerald and USS John S McCain Collisions Page 1 of 3 Subscribe to Navy News Service Search Navy.mil Navy.mil Underway HOME ABOUT LEADERSHIP NEWS MEDIA Navy Releases Collision Report for USS Fitzgerald and USS John S McCain Collisions Story Number: NNS171101-07 Release Date: 11/1/2017 9:01:00 AM A A LINKS CAREERS NAVY POD RELATED PHOTOS A From Navy Office of Information WASHINGTON (NNS) -- Editor's Note: In Figures 2, 3 and 6 in the Report on the Collision Between USS John S McCain (DDG 56) and Motor Vessel Alnic MC there are diagrams illustrating the approximate location of the collision, of other contacts in the area, and of USS McCain's intended track. The original diagrams had inadvertently depicted Alnic in the eastbound lane of the Traffic Separation Scheme (TSS). The Navy does not contend that Alnic was in the eastbound lane at the time of the collision. TSS boundaries have been removed from the diagrams for clarity. We regret the error. Figures 2, 3 and 5 on pages 5 and 8 of the Report on the Collision Between USS Fitzgerald (DDG 62) and ACX Crystal are diagrams illustrating the approximate tracks of the vessels, location of the collision, of other contacts in the area. These diagrams had inadvertently depicted inaccurate course headings. The original diagrams have been modified to depict more accurate headings. On Page 18, the Report on the Collision Between USS Fitzgerald (DDG 62) and ACX Crystal states that a Japanese Coast Guard (JCG) helicopter medically evacuated the commanding officer and transported him to Naval Hospital Yokosuka. The report should have stated a Japanese Maritime Self-Defense Forces (JMSDF) helicopter conducted that medical evacuation. The United States Navy reiterates our sincere appreciation for the immense support provided by both JMSDF and JCG. On Nov. 30, the U.S. Navy released the report on the collision between USS Lake Champlain (CG 57) and fishing vessel Nam Yang 502, which occurred May 9, in the Sea of Japan. The report can be found below." WASHINGTON (NNS) -- The Navy released Nov. 1, a report detailing the events and actions that led to the collision of USS Fitzgerald (DDG 62) and ACX Crystal off the coast of Japan June 17, and the collision of USS John S. McCain (DDG 56) and merchant vessel Alnic MC Aug. 21. Download High Resolution 171221-N-N0101-391 WASHINGTON (Dec. 21, 2017) The Department of the Navy seal. (U.S. Navy graphic/Released) December 21, 2017 RELATED CONTENT USS Fitzgerald Arrives in Pascagoula for Restoration - 1/19/2018 USS John S McCain Departs Subic Bay En Route to Yokosuka - 11/27/2017 Navy Social Media  To sign up for updates or to access your subscriber preferences, please click on the envelope icon in the page header above or click Subscribe to Navy News Service. "Both of these accidents were preventable and the respective investigations found multiple failures by watch standers that contributed to the incidents," said Chief of Naval Operations (CNO) Adm. John Richardson. "We must do better." "We are a Navy that learns from mistakes and the Navy is firmly committed to doing everything possible to prevent an accident like this from happening again. We must never allow an accident like this to take the lives of such magnificent young Sailors and inflict such painful grief on their families and the nation. "The vast majority of our Sailors are conducting their missions effectively and professionally protecting America from attack, promoting our interests and prosperity, and advocating for the rules that govern the vast commons from the sea floor to space and in cyberspace. This is what America expects and deserves from its Navy. "Our culture, from the most junior sailor to the most senior Commander, must value achieving and maintaining high operational and warfighting standards of performance and these standards must be embedded in our equipment, individuals, teams and fleets. "We will spend every effort needed to correct these problems and be stronger than before," said Richardson. USS FITZGERALD The collision between Fitzgerald and Crystal was avoidable and resulted from an accumulation of smaller errors over time, ultimately resulting in a lack of adherence to sound navigational practices. Specifically, Fitzgerald's watch teams disregarded established norms of basic contact management and, more importantly, leadership failed to adhere to well-established protocols put in place to prevent collisions. In addition, the ship's triad was absent during an evolution where their experience, guidance and example would have greatly benefited the ship. USS JOHN S. MCCAIN The collision between John S. McCain and Alnic MC was also avoidable and resulted primarily from complacency, over-confidence and lack of procedural compliance. A major contributing factor to the collision was sub-standard level of knowledge regarding the operation of the ship control console. In particular, McCain's commanding officer disregarded recommendations from his executive officer, navigator and senior watch officer to set sea and anchor watch teams in a timely fashion to ensure the safe and effective operation of the ship. With regard to procedures, no one on the Bridge watch team, to include the commanding officer and executive officer, were properly trained on how to correctly operate the ship control console during a steering casualty. Download: Collision Report for USS Fitzgerald and USS John S. McCain Collisions https://s3.amazonaws.com/CHINFO/USS+Fitzgerald+and+USS+John+S+McCain+Collision+Reports.pdf https://www.navy.mil/submit/display.asp?story_id=103130 Enclosure T Page 1 of 13 10/30/2018 FITZGERALD_BENSON 000181 UNCLASSIFIED DEPARTMENT OF THE NAVY OFFICE OF THE CHIEF OF NAVAL OPERATIONS 2000 NAVY PENTAGON WASHINGTON, DC 20350-2000 MEMORANDUM FOR DISTRIBUTION Enclosure (1) Report on the Collision between USS FITZGERALD (DDG 62) and Motor Vessel ACX CRYSTAL Enclosure (2) Report on the Collision between USS JOHN S MCCAIN (DDG 56) and Motor Vessel ALNIC MC Enclosure (3) Comprehensive Review of Surface Fleet Incidents 23 October 2017 The collisions were avoidable between USS FITZGERALD (DDG 62) and Motor Vessel ACX CRYSTAL, and between USS JOHN S MCCAIN (DDG 56) and Motor Vessel ALNIC MC. Three U.S. Navy investigations concerning each of these incidents are complete. Command and Admiralty investigations in each case retain legal privilege to protect the interests of the United States Government in future litigation. The third investigation for each incident, termed the Line of Duty Investigation (LODI), is not under legal privilege as its purpose is to determine that Sailors perished in the line of duty and thus enable their beneficiaries to receive appropriate compensation. Collisions at sea between U.S. registered vessels and foreign registered vessels are also subject to an additional investigation, a Marine Casualty Investigation, conducted independently on behalf of the National Transportation Safety Board (NTSB) by the United States Coast Guard (USCG). These investigations are ongoing in each case the results of each will be published by the NTSB when complete. As Chief of Naval Operations, I have determined to retain the legal privilege that exists with the command Admiralty investigations in order to protect the legal interests of the United States Government and the families of those Sailors who perished. At the same time, it is paramount that the Navy be transparent as to the causes and lessons learned to the families of those Sailors, the Congress and the American people, and to make every effort to ensure these types of tragedies do not happen again. With these competing interests at hand, I authorized the preparation and release of reports on each collision, enclosed with this memorandum. These collisions, along with other similar incidents over the past year, indicated a need for the Navy to undertake a review of wider scope to better determine systemic causes. The Navy’s Comprehensive Review of Surface Fleet Incidents, completed on 23 October 2017, represents the results of this effort. This review is enclosed with this memorandum, and represents a summary of significant actions needed to fix the larger problems and their causes leading up to these incidents. Finally, the Navy has an obligation to protect the privacy of individuals involved in these incidents to the extent that it is possible. With legal, privacy and transparency concerns in mind, the enclosures to this memorandum provide the Navy’s findings, conclusions and actions moving forward. UNCLASSIFIED Enclosure T Page 2 of 13 FITZGERALD_BENSON 000181 FITZGERALD_BENSON 000182 UNCLASSIFIED Table of Contents 1. EXECUTIVE SUMMARY - USS FITZGERALD .................................................................................. 4 1.1 Introduction ......................................................................................................................................... 4 1.2 Summary of Findings .......................................................................................................................... 5 2. DESCRIPTION OF EVENTS .................................................................................................................. 6 2.1 Background ......................................................................................................................................... 6 2.2 Events Leading to the Collision .......................................................................................................... 6 3. IMPACT OF THE COLLISION............................................................................................................... 8 3.1 Impact to Berthing 2 ......................................................................................................................... 13 3.2 Other Rescue and Medical Efforts .................................................................................................... 17 4. SEARCH AND RESCUE AND ASSISTANCE .................................................................................... 18 5. TRANSIT TO YOKOSUKA .................................................................................................................. 19 6. DIVING AND RECOVERY OPERATIONS ........................................................................................ 19 7. INJURIES ............................................................................................................................................... 20 8. FINDINGS .............................................................................................................................................. 20 8.1 Training ............................................................................................................................................. 20 8.2 Seamanship and Navigation .............................................................................................................. 21 8.3 Leadership and Culture ..................................................................................................................... 21 8.4 Fatigue............................................................................................................................................... 22 ANNEX A – TIMELINE OF EVENTS ..................................................................................................... 24 ANNEX B – PHOTOGRAPHS AND DRAWINGS .................................................................................. 28 B1: Commanding Officer's Stateroom on FTZ - Exterior View ............................................................. 28 B2: Commanding Officer's Stateroom on FTZ - Interior view ............................................................... 29 B3: Starboard Access Trunk outside Berthing 2 (FTZ and BEN) .......................................................... 30 B4: FITZGERALD Berthing .................................................................................................................. 31 B5: Lounge in Berthing 2 - View from lounge facing egress ................................................................. 32 B6: Lounge in Berthing 2 - View from racks ......................................................................................... 33 B7: Sailor sketch depicting chest high water from top rack ................................................................... 34 B8: Sailor sketch depicting egress from starboard section of Berthing 2 (above water) ........................ 35 B9: Sailor sketch depicting egress from starboard section of Berthing 2 (below water) ....................... 36 B10: Sailor sketch depicting ceiling of Berthing 2 ................................................................................ 37 B11: Sailor sketch depicting path of starboard egress from Berthing 2.................................................. 38 B12: Diagram of Berthing 2 ................................................................................................................... 39 B13: Diagram of Berthing 2 (annotated with Tango recoveries) ............................................................ 40 ANNEX C –Summary of Flooding and Structural Damage to USS FITZGERALD ................................. 41 UNCLASSIFIED 1 Enclosure T Page 3 of 13 FITZGERALD_BENSON 000182 FITZGERALD_BENSON 000183 UNCLASSIFIED 1. EXECUTIVE SUMMARY - USS JOHN S MCCAIN.......................................................................... 44 1.1 Introduction ....................................................................................................................................... 44 1.2 Summary of Findings ........................................................................................................................ 45 2. DESCRIPTION OF EVENTS ................................................................................................................ 46 2.1 Background ....................................................................................................................................... 46 2.2 Events Leading to the Collision ........................................................................................................ 47 3. IMPACT OF THE COLLISION............................................................................................................. 49 3.1 Impact to Berthing 5 ......................................................................................................................... 52 3.2 Impact on Berthing 3 ........................................................................................................................ 54 3.3 Impact on Berthings 4, 6, and 7 ........................................................................................................ 56 4. MEDICAL EFFORTS AND INJURIES ................................................................................................ 57 5. SEARCH AND RESCUE EFFORTS - 21 TO 24 AUGUST 2017 ........................................................ 58 6. DIVING AND RECOVERY OPERATIONS ........................................................................................ 59 7. FINDINGS .............................................................................................................................................. 60 7.1 Training ............................................................................................................................................. 60 7.2 Seamanship and Navigation .............................................................................................................. 61 7.3 Leadership and Culture ..................................................................................................................... 61 ANNEX A - TIMELINE OF EVENTS ...................................................................................................... 63 ANNEX B – PHOTOGRAPHS .................................................................................................................. 68 B1: Port side view of JOHN S MCCAIN post-collision......................................................................... 68 B2: Internal and external views of the damage caused by the collision ................................................. 69 B3: Berthing 3 Primary egress (ladderwell) of JOHN S MCCAIN post-collision, with views into Berthing 3 ............................................................................................................................................... 70 B4: View within Berthing 3, facing port (comparison) .......................................................................... 71 ANNEX C – Catalog of Flooding in Spaces aboard USS JOHN S MCCAIN ........................................... 72 UNCLASSIFIED 2 Enclosure T Page 4 of 13 FITZGERALD_BENSON 000183 FITZGERALD_BENSON 000184 UNCLASSIFIED ENCLOSURE (1) REPORT ON THE COLLISION BETWEEN USS FITZGERALD (DDG 62) AND MOTOR VESSEL ACX CRYSTAL 23 OCT 2017 UNCLASSIFIED 3 Enclosure T Page 5 of 13 FITZGERALD_BENSON 000184 FITZGERALD_BENSON 000185 UNCLASSIFIED 1. EXECUTIVE SUMMARY - USS FITZGERALD_________________________________ 1.1 Introduction USS FITZGERALD collided with Motor Vessel ACX CRYSTAL on 17 June 2017 in the waters of Sagami Wan in vicinity of the approaches to Tokyo Wan. FITZGERALD is an Arleigh Burke Class Destroyer commissioned in 1995 and homeported in Yokosuka, Japan, as part of the Forward Deployed Naval Forces and Carrier Strike Group FIVE. Approximately 300 Sailors serve aboard FITZGERALD. FITZGERALD is 505 feet in length and carries a gross tonnage of approximately 9000 tons. FITZGERALD is 505 feet long with a gross tonnage of approximately 9,000. Figure 1 illustrates the relative sizes of the vessels. ACX CRYSTAL (CRYSTAL) is a Philippines flagged container ship built in 2008. CRYSTAL is 728 feet long with a gross tonnage of approximately 29,000 tons. The collision between FITZGERALD and CRYSTAL resulted in the deaths of seven U.S. Sailors due to impact with FITZGERALD’s berthing compartments, located below the waterline of the ship. CRYSTAL suffered no fatalities. U.S. Sailor fatalities were: GMSN Kyle Rigsby of Palmyra, Virginia, 19 years old. YN2 Shingo Alexander Douglass, of San Diego, California, 25 years old. FC1 Carlos Victor Ganzon Sibayan of Chula Vista, California, 23 years old. PSC Xavier Alec Martin of Halethorpe, Maryland, 24 years old. STG2 Ngoc Turong Huynh of Oakville, Connecticut, 25 years old. GM1 Noe Hernandez of Weslaco, Texas, 26 years old. FCC Gary Rehm, Jr., of Elyria, Ohio, 37 years old. UNCLASSIFIED 4 Enclosure T Page 6 of 13 FITZGERALD_BENSON 000185 FITZGERALD_BENSON 000186 UNCLASSIFIED 1.2 Summary of Findings The Navy determined that numerous failures occurred on the part of leadership and watch standers as follows: Failure to plan for safety Failure to adhere to sound navigation practice. Failure to execute basic watch standing practices Failure to properly use available navigation tools. Failure to respond deliberately and effectively when in extremis. Figure 1 – Relative size of the USS Fitzgerald Figure 2 – Illustration Map of Approximate Collision Location Figure 3 – Illustration Map of Approximate Collision Location UNCLASSIFIED 5 Enclosure T Page 7 of 13 FITZGERALD_BENSON 000186 FITZGERALD_BENSON 000187 UNCLASSIFIED 2. DESCRIPTION OF EVENTS__________________________________________________ 2.1 Background On the morning of 16 June 2017, FITZGERALD departed the homeport of Yokosuka, Japan for routine operations. The weather was pleasant with unlimited visibility and calm seas. After a long day of training evolutions and equipment loading operations FITZGERALD proceeded southwest on a transit to sea from the Sagami Wan operating area at approximately 2300. FITZGERALD was operating by procedures established for U.S. Navy surface ships when operating at sea before sunrise, including being at “darkened ship.” “Darkened ship” means that all exterior lighting was off except for the navigation lights that provide identification to other vessels, and all interior lighting was switched to red instead of white to facilitate crew rest. The ship was in a physical posture known as “Modified ZEBRA,” meaning that all doors inside the ship, and all hatches, which are openings located on the floor between decks, at the main deck and below were shut to help secure the boundaries between different areas of the ship in case of flooding or fire. Watertight scuttles on the hatches (smaller circular openings that can be opened or closed independently of the hatch) were left open in order to allow easy transit between spaces. By 0130 hours on 17 June 2017, the approximate time of the collision, FITZGERALD was approximately 56 nautical miles to the southwest of Yokosuka, Japan, near the Izu Peninsula within sight of land and continuing its transit outbound. The seas were relatively calm at 2 to 4 feet. The sky was dark, the moon was relatively bright, and there was scattered cloud cover and unrestricted visibility. 2.2 Events Leading to the Collision At approximately 2300 local Japan time, both the Commanding Officer and Executive Officer departed the bridge, the area from which watch standers drive the ship. As the FITZGERALD proceeded past Oshima Island the shipping traffic increased and remained moderately dense thereafter until the collision. By 0100 FITZGERALD approached three merchant vessels from its starboard, or right side, forward. These vessels were eastbound through the Mikomoto Shima Vessel Traffic Separation Scheme. Traffic separation schemes are established by local authorities in approaches to ports throughout the world to provide ships assistance in separating their movements when transiting to and from ports. The closest point of approach of these vessels and the FITZGERALD was minimal with each presenting a risk of collision. In accordance with the International Rules of the Nautical Road the FITZGERALD was in what is known as a crossing situation with each of the vessels. In this situation, FITZGERALD was obligated to take maneuvering action to remain clear of the other three and if possible avoid crossing ahead. In the event FITZGERALD did not exercise this obligation, the other vessels were obligated to take early and appropriate action through their own independent maneuvering action. In the 30 minutes leading up to the collision, neither FITZGERALD nor CRYSTAL took such action to reduce the risk of collision until approximately one minute prior to the collision. FITZGERALD maintained a constant course of 190 degrees at 20 knots of speed. UNCLASSIFIED 6 Enclosure T Page 8 of 13 FITZGERALD_BENSON 000187 FITZGERALD_BENSON 000188 UNCLASSIFIED In the several minutes before collision, the Officer of the Deck, the person responsible for safe navigation of the ship, and the Junior Officer of the Deck, an officer placed to assist, discussed the relative positioning of the vessels, including CRYSTAL and whether or not action needed taken to avoid them. Initially, the Officer of the Deck intended to take no action, mistaking CRYSTAL to be another of the two vessels with a greater closest point of approach. Eventually, the Officer of the Deck realized that FITZGERALD was on a collision course with CRYSTAL, but this recognition was too late. CRYSTAL also took no action to avoid the collision until it was too late. The Officer of the Deck, the person responsible for safe navigation of the ship, exhibited poor seamanship by failing to maneuver as required, failing to sound the danger signal and failing to attempt to contact CRYSTAL on Bridge to Bridge radio. In addition, the Officer of the Deck did not call the Commanding Officer as appropriate and prescribed by Navy procedures to allow him to exercise more senior oversight and judgment of the situation. The remainder of the watch team on the bridge failed to provide situational awareness and input to the Officer of the Deck regarding the situation. Additional teams in the Combat Information Center (CIC), an area on where tactical information is fused to provide maximum situational awareness, also failed to provide the Officer of the Deck input and information. Figure 4 – Bridge Schematic of FITZGERALD UNCLASSIFIED 7 Enclosure T Page 9 of 13 FITZGERALD_BENSON 000188 FITZGERALD_BENSON 000189 UNCLASSIFIED Figure 5 – Illustration of Approximate Collision Location 3. IMPACT OF THE COLLISION________________________________________________ The port (left) side of CRYSTAL’s bow, near the top where the anchor hangs, struck FITZGERALD’s starboard (right) side above the waterline. CRYSTAL’s bulbous bow, under the water, struck FITZGERALD on the starboard side just forward of the middle part of the ship. CRYSTAL’s bulbous bow struck the starboard access trunk, an entry space that opens into Berthing 2 through a non-watertight door. Figure 6 – Diagram of Approximate Collision Geometry Figure 7 - Depiction of a Bow and Bulbous Bow UNCLASSIFIED 8 Enclosure T Page 10 of 13 FITZGERALD_BENSON 000189 FITZGERALD_BENSON 000201 UNCLASSIFIED after he passed away. GMSN Rigsby’s body was brought to the dive boat at 0523. The divers went back into the water at 0611 and entered the ship. Once back inside the Berthing 2 space, they immediately found YN2 Shingo Alexander Douglass, FC1 Carlos Sibayan, PSC Xavier Martin and STG2 Ngoc Truong Huynh. These Sailors were found in the lounge area of Berthing 2. STG2 Ngoc Truong Huynh’s body was found underneath a television, but it did not appear that he had been pinned by the television. GM1 Hernandez was found in the main passageway of Berthing 2 nearest the lounge area. Along with GMSN Rigsby, these Sailors were all found on the starboard side of Berthing 2. The door to the bathroom in Berthing 2 was closed. When the divers entered the bathroom, they found FCC Gary Rehm just inside this space. 7. INJURIES______________________________________________________________ The Sailor who escaped the starboard side of Berthing 2 suffered near drowning, seawater aspiration, traumatic brain injury, scalp laceration, and ankle laceration. He was medically evacuated to the USNHY because of the severity of his injuries and released on 19 June 2017. The Combat Systems Officer suffered traumatic brain injury with brief loss of consciousness and facial abrasions and contusions. He was medically evacuated to the U.S. Navy Hospital in Yokosuka because of the severity of his injuries and released on 18 June 2017. The CO suffered traumatic brain injury with brief loss of consciousness, back contusion and lower extremity abrasions. He was medially evacuated to the U.S. Navy hospital in Yokosuka because of the severity of his injuries and released on 18 June 2017. Seven Sailors were unable to egress the space and died. The loss of seven shipmates is a tragedy beyond words and a reminder of the dangers inherent in the mission of every ship and Sailor. 8. FINDINGS_____________________________________________________________ Collisions at sea are rare and the relative performance and fault of the vessels involved is an open admiralty law issue. The Navy is not concerned about the mistakes made by CRYSTAL. Instead, the Navy is focused on the performance of its ships and what we could have done differently to avoid these mishaps. In the Navy, the responsibility of the Commanding Officer for his or her ship is absolute. Many of the decisions made that led to this incident were the result of poor judgment and decision making of the Commanding Officer. That said, no single person bears full responsibility for this incident. The crew was unprepared for the situation in which they found themselves through a lack of preparation, ineffective command and control, deficiencies in training and preparations for navigation. 8.1 Training UNCLASSIFIED 20 Enclosure T Page 11 of 13 FITZGERALD_BENSON 000201 FITZGERALD_BENSON 000202 UNCLASSIFIED FITZGERALD officers possessed an unsatisfactory level of knowledge of the International Rules of the Nautical Road. Watch team members were not familiar with basic radar fundamentals, impeding effective use. 8.2 Seamanship and Navigation The Officer of the Deck and bridge team failed to comply with the International Rules of the Nautical Road. Specifically: FITZGERALD was not operated at a safe speed appropriate to the number of other ships in the immediate vicinity. FITZGERALD failed to maneuver early as required with risk of collision present. FITZGERALD failed to notify other ships of danger and to take proper action in extremis. Watch team members responsible for radar operations failed to properly tune and adjust radars to maintain an accurate picture of other ships in the area. Watch standers performing physical look out duties did so only on FITZGERALD’s left (port) side, not on the right (starboard) side where the three ships were present with risk of collision. Key supervisors responsible for maintaining the navigation track and position of other ships: Were unaware of existing traffic separation schemes and the expected flow of traffic. Did not utilize the Automated Identification System. This system provides real time updates of commercial ship positions through use of the Global Positioning System. FITZGERALD’s approved navigation track did not account for, nor follow, the Vessel Traffic Separation Schemes in the area. 8.3 Leadership and Culture The bridge team and Combat Information Center teams did not communicate effectively or share information. The Combat Information Center is the space on U.S. Surface Ships where UNCLASSIFIED 21 Enclosure T Page 12 of 13 FITZGERALD_BENSON 000202 FITZGERALD_BENSON 000203 UNCLASSIFIED equipment and personnel combine to produce the most accurate picture of the operating environment. Supervisors and watch team members on the bridge did not communicate information and concerns to one another as the situation developed. The Officer of the Deck, responsible for the safe navigation of the ship, did not call the Commanding Officer on multiple occasions when required by Navy procedures. Key supervisors in the Combat Information Center failed to comprehend the complexity of the operating environment and the number of commercial vessels in the area. In several instances individual members of the watch teams identified incorrect information or mistakes by others, yet failed to proactively and forcefully take corrective action, or otherwise highlight or communicate their individual concerns. Key supervisors and operators accepted difficulties in operating radar equipment due to material faults as routine rather than pursuing solutions to fix them. The command leadership did not foster a culture of critical self-assessment. Following a near-collision in mid-May, leadership made no effort to determine the root causes and take corrective actions in order to improve the ship’s performance. The command leadership was not aware that the ship’s daily standards of performance had degraded to an unacceptable level. 8.4 Fatigue The command leadership allowed the schedule of events preceding the collision to fatigue the crew. The command leadership failed to assess the risks of fatigue and implement mitigation measures to ensure adequate crew rest. UNCLASSIFIED 22 Enclosure T Page 13 of 13 FITZGERALD_BENSON 000203 Navy Releases Results of the Comprehensive Review of Surface Force Incidents Page 1 of 2 Subscribe to Navy News Service Search Navy.mil Navy.mil Underway HOME ABOUT LEADERSHIP NEWS MEDIA Navy Releases Results of the Comprehensive Review of Surface Force Incidents Story Number: NNS171102-06 Release Date: 11/2/2017 12:22:00 PM A A LINKS CAREERS NAVY POD RELATED PHOTOS A From Navy Office of Information WASHINGTON (NNS) -- On Nov. 2, the Navy released the report of the Fleet Comprehensive Review conducted by Commander, U.S. Fleet Forces Command, Adm. Phil Davidson. The collisions between USS Fitzgerald (DDG 62) and Motor Vessel ACX Crystal and between USS John S. McCain (DDG 56) and Motor Vessel Alnic MC, along with other similar incidents over the past year, indicated a need for the Navy to undertake a review of a wider scope to better determine systemic causes. The Navy's Comprehensive Review of Surface Force Incidents, completed Oct. 26, represents the results of this effort. This review represents a summary of significant actions needed to fix the larger problems and their causes leading up to these incidents. The Secretary of the Navy, Hon. Richard V. Spencer, and the Chief of Naval Operations, Adm. John Richardson, are committed to adopt suggested recommendations and to make every effort to ensure these types of accidents and attendant tragedies do not happen again. Doing so will ensure the Department of the Navy remains the preeminent Naval force maintaining security and deterrence through sustained forward presence. DOWNLOAD: Comprehensive Review of Surface Force Incidents Like 0 Download High Resolution 171221-N-N0101-391 WASHINGTON (Dec. 21, 2017) The Department of the Navy seal. (U.S. Navy graphic/Released) December 21, 2017 RELATED CONTENT Navy Stands Up Readiness Reform and Oversight Council - 2/2/2018 USS Fitzgerald Arrives in Pascagoula for Restoration - 1/19/2018 USS John S McCain Departs Subic Bay En Route to Yokosuka - 11/27/2017 Navy Social Media Tweet  To sign up for updates or to access your subscriber preferences, please click on the envelope icon in the page header above or click Subscribe to Navy News Service. Home About Status of the Navy Strategic Documents Command Directory Our Ships Fact Files Leadership Secretary of the Navy Under Secretary of the Navy Chief Of Naval Operations News Media Links Careers Headlines Photo Gallery Navy.mil Underway Civilian Careers Feature Stories Featured Galleries Local Stories All Hands Magazine Navy Personnel Command (NPC) Top Stories Video Gallery All Hands Master Chief Petty Officer Of The Navy All Hands Archive Contact Us Chief Of Naval Personnel Art Gallery Command Addresses (SNDL) Biographies Today in Naval History FAQ SES Biographies Graphics Gallery Podcasts & RSS Feeds 2015 Owners and Operators All Hands Radio Navy Reserve Navy POD Military Careers Navy SAPR Navy EEO Inclusion And Diversity Navy Standard Integrated Personnel System (NSIPS) My Navy Portal Board of Corrections for Naval Records (BCNR) Shift Colors-Navy Retiree Newsletter Civilian Federal Careers Navy / Marine Corps Relief Affected Navy Family Assistance Operations Security (OPSEC) Navy Trademarks Military One Source USA.gov U.S. Office of Special Counsel https://www.navy.mil/submit/display.asp?story_id=103136 Enclosure U Page 1 of 5 10/30/2018 FITZGERALD_BENSON 000006 Enclosure U Page 2 of 5 FITZGERALD_BENSON 000006 FITZGERALD_BENSON 000020 Primary causes of the collision were leaderships’ loss of situational awareness in a high traffic area and failure to follow safe navigational practices, coupled with watchstanders who were not proficient with steering control operations or engineering casualty response procedures. Contributing to the collision were failures in basic watchstanding and seamanship among the Bridge and Combat Information Center (CIC) teams; a failure by these same watchteams to take clear and decisive action to avoid collision when in extremis; and the failure of the Commanding Officer in assigning and changing watchstanders, in ordering equipment configuration changes in the TSS, and in failing to take prudent measures to mitigate these risks. This critique of USS John S. McCain does not imply that ALNIC mistakes and deficiencies were not contributing causal factors in the collision. USS Fitzgerald (DDG 62) Collision with ACX CRYSTAL On 17 June 2017, USS Fitzgerald was attempting to cross a highly congested sea lane at night. While maneuvering to pass merchant and fishing vessels and complete the crossing, watchstanders failed to visually differentiate between two vessels in close proximity and did not calculate the closest point of approach using all available means before making a final crossing maneuver. Watchstanders in CIC were inattentive, disengaged in developments on the Bridge, and unaware of several nearby vessels, specifically, a Philippines-flagged commercial containership named the ACX CRYSTAL. As the CRYSTAL and USS Fitzgerald approached each other, the OOD became aware of the ships’ relative positions and realized action was necessary. The OOD first decided to alter course to starboard, but then evaluated there was insufficient sea room to turn to starboard without colliding. The OOD then ordered the Conning Officer to come to full speed, and then flank speed ahead, and then ordered a full, and then hard left rudder. The actions were delayed as the Conning Officer “froze” in the moment. The OOD and the Conning Officer both began to shout orders to the helm. Eventually, the Boatswain’s Mate of the Watch put the rudder over hard left and pushed the ship’s throttles forward. These actions occurred just 30 seconds prior to the impact, and the 13 Enclosure U Page 3 of 5 FITZGERALD_BENSON 000020 FITZGERALD_BENSON 000021 USS Fitzgerald had briefly started coming left and increasing speed by the time of impact. The merchant vessel's port bow (left front) impacted USS Fitzgerald's starboard side amidships (right middle). At no time leading up to the collision did the USS Fitzgerald or CRYSTAL watchstanders attempt to communicate over radio, or take decisive action to avoid collision. The collision resulted from a compilation of failures by leadership and watchstanders to plan for safety, appropriately adhere to sound navigation practices, execute basic watchstanding principles, properly use navigation tools, and deliberately and effectively respond when in extremis. This critique of USS Fitzgerald does not imply that CRYSTAL mistakes and deficiencies were not contributing causal factors in the collision. USS Lake Champlain (CG 57) Collision with Nam Yang 502 On 9 May 2017, USS Lake Champlain was escorting an aircraft carrier. A Republic of Korea fishing vessel, Nam Yang 502 was operating in the same area, with USS Lake Champlain watchstanders intermittently tracking Nam Yang 502 for over an hour on a constant course and speed. USS Lake Champlain watchstander awareness of the vessel was inconsistent due to their poor RADAR operating technique and some inoperable commercial radar (backup) equipment. The Bridge and CIC watchteams were undisciplined in their communications and failed to coordinate common situational awareness and agreement on the safety of planned maneuvers. While changing course to maintain relative position with the escorted aircraft carrier, the USS Lake Champlain turned in front of the fishing vessel without realizing the risk of collision. The Bridge watchteam was slow to react and executed improper and untimely maneuvers in an attempt to avoid collision, and the Nam Yang 502 struck USS Lake Champlain amidships on the port side. Minutes before the collision, USS Lake Champlain’s Bridge watchstanders attempted to contact Nam Yang 502 on the radio and simultaneously signaled the fishing vessel using the ship whistle. Nam Yang’s global positioning system and radio 14 Enclosure U Page 4 of 5 FITZGERALD_BENSON 000021 FITZGERALD_BENSON 000074 regained should be rare; and in these circumstances, a Risk Assessment Mitigation Plan (RAMP) is produced by the ship to delineate the condition that prevents certification, the risks associated with operating without that certification, any actions (such as additional oversight or temporarily assigned personnel) to mitigate those risks, and a plan to complete the certification. The RAMP is the mechanism by which the unit Commanding Officer communicates the potential risks to his or her unit performance associated with expired mission area certifications, and the actions to be taken to mitigate those risks. Headquarters in the chain of command should then ensure an informed decision on unit employment is made. Rigorous execution of the RAMP process would result in appropriate risk mitigation measures to ensure a ship was ready for tasking. The Review Team found that the increasing demand in the Western Pacific, driven by increased BMD and presence missions and increased dynamic tasking to support exercises and experimentation (further details provided in the Classified Annex, Appendix 9.10), exceeded the capacity that can be reasonably generated from Japanbased ships under their existing readiness generation model cycle. The time available for training was also impacted by maintenance periods extending beyond nominal durations due to an increased scope of work and number of ships based in Yokosuka. As a result of this increased demand and delays in maintenance execution training opportunities were reduced and completed warfare area certifications across FDNF-J declined from 93 percent in 2014 to 62 percent in 2016. This data indicates the assumptions underpinning the Yokosuka-based ships force generation model, such as duration of maintenance periods, had changed to the point that the intended model could not be executed. Additionally, execution of the RAMP process for these expired certifications had become an administrative acknowledgement of the expired certifications without true evaluation of the associated risk or development of meaningful mitigating actions. 6.1.2 Force Employment Upon completion of the force generation process, a unit is ready and available to the operational commander. Effective force employment requires that the capacity of 67 Enclosure U Page 5 of 5 FITZGERALD_BENSON 000074 Enclosure V Department of Defense Press Briefing by Adm. Richardson on results of the Fleet Compr... Page 1 of 20 DEPARTMENT OF DEFENSE HOME ∠ NEWS ∠ TRANSCRIPTS ∠ TRANSCRIPT VIEW News Transcript Department of Defense Press Briefing by Adm. Richardson on results of the Fleet Comprehensive Review and investigations into the collisions involving USS Fitzgerald and USS John S. McCain Press Operations Chief of Naval Operations Admiral John Richardson Nov. 2, 2017 ADMIRAL JOHN RICHARDSON: Good afternoon, ladies and gentlemen. I'll just start with an opening statement. I want to thank you first for the opportunity to be here today and brief you on the recent incidents involving surface forces in the Western Pacific, a comprehensive review that examined the systemic issues surrounding these incidents, and then review the corrective action. Before I begin I must say that throughout this investigative process, our first and last thoughts have been with our fallen sailors and their families. And I want to offer my deep condolences to those who lost a loved one, and ensure them that they will always be part of the Navy family. A review of your Navy today shows that this morning there are 100 ships and 64,000 sailors and Navy civilians forward deployed. This includes three carrier strike groups and their embarked air wings, three amphibious readiness groups, and their embarked Marine expeditionary units, six ballistic missile defense ships on station, 11 attack submarines, five SSBNs. The vast majority of these ships are conducting their missions, some of them extremely difficult, effectively and professionally, protecting America from attack, promoting our interests and prosperity, and advocating for the rules that govern the vast commons from the seafloor, to space, and in cyberspace. And we do much of this work with our allies and partners, enhancing our combined Enclosure W Page 1 of 3 https://www.defense.gov/News/Transcripts/Transcript-View/Article/1361655/department-... 1/29/2018 Department of Defense Press Briefing by Adm. Richardson on results of the Fleet Compr... Page 2 of 20 capacity to contribute to maritime security and improve our lethality in warfighting at sea. In the recent three week period for instance, we conducted over 19 exercises with our partners involving 30 partner nations. This is what you expect of your Navy. This is why we exist. The Navy's been run hard in the past 16 years of war and the pace is picking up, especially in the Pacific. Recent experience has shown that if we're not careful, we can become overstretched, overextended. And if we take our eye off the fundamentals, we become vulnerable to mistakes at all levels of command. In response to the series of incidents in the service force in 2017, culminating in the collisions involving the USS Fitzgerald and the USS John S. McCain, the Navy conducted both independent investigations into the specific incidents to determine what happened onboard and also a comprehensive review to identify any systemic causal and contributing factors as to why these incidents occurred. Both of these efforts developed the actions needed, to prevent them in future operations. I'll be clear, these accidents were preventable. The causes for the collisions included a failure to plan for safety, failure to adhere to sound navigational practices, failure to execute basic watchstanding principles, failure to properly use available navigation tools, failure to respond deliberately and effectively when in extremist of collision, a loss of situational awareness and high traffic density, failure to follow the international rules of the road and for John S. McCain, insufficient knowledge and proficiency of the ship’s steering system. We are a Navy that learns from our mistakes. U.S. Fleet Forces Commander Admiral Phil Davidson recently concluded a comprehensive review which was informed further by other mishaps going back 10 years. The comprehensive review team was made up of 34 uniformed and civilian personnel and their backgrounds ranged from specialists in navigation to officers and civilians with extensive experience and a float leadership, underway operations, institutional training, equipment and systems research, development, acquisition and ship maintenance. It also included civilian experts and military members from other Navy Warfare communities and from other services. Multiple members also had substantial experience in conducting investigations and audits. Several distinguished individuals, a four star retired general and flag officers from the Army, the Marine Corps, a naval aviator and a naval submariner as well as the president of the Maryland Pilot -- Harbor Pilot Association and an academic from MIT were on the team to advise Admiral Davidson. Enclosure W Page 2 of 3 https://www.defense.gov/News/Transcripts/Transcript-View/Article/1361655/department-... 1/29/2018 Department of Defense Press Briefing by Adm. Richardson on results of the Fleet Com... Page 11 of 20 Q: Admiral, you've used the word "failure" many times, but you haven't used the word "negligence." Was there negligence involved in either of these accidents? ADM. RICHARDSON: Yes. Q: By whom? ADM. RICHARDSON: Well by several people. I mean, we found that the commander officers were at fault, the executive officers were at fault. There were watchstanders on the ships. And we've been pretty clear about identifying where there was fault and taking appropriate accountability actions, up to and including the 7th Fleet commander. Q: OK do you anticipate legal action against some of those guilty of negligence? ADM. RICHARDSON: I have assigned Admiral Frank Caldwell to be a consolidated disposition authority to take a look -- comprehensive look at all of these and to make his recommendations with respect to any further action we may do. Q: Admiral, you said that the vast majority of ships are operating safely and effectively. I mean, some of the findings here are pretty stunning. For example the training continuum of surface warfare officers and candidates, quartermasters and operations specialists -my humble rate -- does not provide sufficient seamanship and navigational knowledge in advance of milestone assignments. So I mean, I guess the question is how could you possibly know if the ships out there is -if the ships out there are operating and training, you know, safely and effectively, especially since there doesn't seem to be -- and the review finds -- a good way of measuring the performance as these people go along in their careers. ADM. RICHARDSON: No, you're right. A big conclusion of the comprehensive review is that we've got to beef up the assessment process across the board, both in individual and in team training and effectiveness. But in many cases, that assessment is going on right now. So while we did focus on this area in the 7th Fleet their assessments of readiness going on throughout the Navy which give us a sense of that proficiency and that effectiveness. Q: Admiral, in reading through and listening to it sounds like the way this was going these were accidents were almost destined to happen to some ships or ships out there. Would Enclosure W Page 3 of 3 https://www.defense.gov/News/Transcripts/Transcript-View/Article/1361655/department-... 1/29/2018 FITZGERALD_BENSON 000003 DEPARTMENT OF THE NAVY NAVAL NUCLEAR PROPULSION PROGRAM NAVAL SEA SYSTEMS COMMAND (SEA 08) 1240 ISAAC HULL AVENUE SE WASHINGTON NA VY YARD DC 20376-8010 {'JllJiN'l ~17 MEMORANDUMFORTHERECORD Subj: INDEPENDENT AUTHORITY AND DISCRETION IN ROLE AS CONSOLIDATED DISPOSITION AUTHORITY FOR ACCOUNTABILITY ACTIONS RELATED TO THE COLLISIONS AT SEA INVOL YING USS FITZGERALD (DDG 62) AND USS JOHN S. MCCAIN (DDG 56) 1. On October 30, 2017, Vice Chief of Naval Operations designated me as Consolidated Disposition Authority (CDA) for administrative and disciplinary actions related to USS FITZGERALD (DDG 62) and USS JOHN S. MCCAIN (DDG 56) collisions. I was directed to review all actions taken to date and to take additional administrative and disciplinary actions if I deem appropriate. The tasking clearly stipulated that all determinations are within my sole discretion and are to be based upon my own independent professional judgment. 2. On November 2, 2017, Chief of Naval Operations (CNO) held a press conference announcing the release of the Comprehensive Review of Surface Force Incidents, which included the FITZGERALD and MCCAIN collisions. As the CNO was asked immediate questions from the press, he referenced the findings in the Comprehensive Review and related investigations. He enumerated a number of "failures" as the cause of the incidents and identified fault and negligence to several ship personnel. He stated these incidents were "preventable" and the Navy was "taking firm corrective action." I understand these statements were made in a dynamic environment focused on answering questions from the media for the public's understanding of the Navy's response. The CNO's statements were not directed to me, and did not set any expectations of me. 3. For the purpose of my CDA deliberative process, the CNO's comments have not and will not influence my decisions during any part of my review. I have no preconceived notions as to what further actions, if any, should be taken. The conclusions in the investigations are those of the investigation teams, not mine. From the appointing letter, it is clear to me that my chain of command expects no specific outcomes from my review. The only expectation perceived by me from my superiors is to conduct a review that employs reasonable methods in deliberations to promote consistency, fairness, and justice with focus to improve our fleet, maintain good order and discipline, and protect the welfare of all our Sailors. 4. All decisions and actions will be made by me within my independent discretion and influenced solely by the thorough review of the facts of each case and my own experience -- not by any external views of the public, media, or military and senior ci · ·an officials. Enclosure X FITZGERALD_BENSON 000003 FITZGERALD_BENSON 018727 Enclosure Y Page 1 of 21 FITZGERALD_BENSON 018727 FITZGERALD_BENSON 018728 Enclosure Y Page 2 of 21 FITZGERALD_BENSON 018728 FITZGERALD_BENSON 018731 5 of 62 From: To: Subject: Date: Caldwell, James F ADM SEA08, NR Richardson, John M ADM CNO; Moran, William F ADM, OPNAV, VCNO RE: CDA Thursday, January 11, 2018 9:52:05 Yes Sir...sounds spot on v/r Frank -----Original Message----From: Richardson, John M ADM CNO Sent: Thursday, January 11, 2018 9:20 AM To: Caldwell, James F ADM SEA08, NR; Moran, William F ADM, OPNAV, VCNO Subject: RE: CDA Thanks Frank.  It will be important to stress the steps of the execution plan, which you outline well below and which OPNAV has been and is running.  Please also be sure to stress that our first stop was SECNAV himself - whom we intended on briefing as soon as your recommendations were complete. Reasonable? John ________________________________________ From: Caldwell, James F ADM SEA08, NR Sent: Thursday, January 11, 2018 9:08:13 AM To: Moran, William F ADM, OPNAV, VCNO Cc: Richardson, John M ADM CNO Subject: CDA VCNO, FYI, this morning I was asked to see the SecNav today at 1400 to brief him on my CDA determinations. One of the things his aide stated was that he wanted to be briefed before the determinations come out tomorrow??  I cautioned her that we were not planning to announce anything before we notify affected service members.  I mention this simply make you aware. When I brief the SecNav I'll tell him of my determinations, and then walk him through my plan to execute my responsibilities (this is the plan we briefed to you, and that Tim Rexrode is supporting).  I will also mention my recommendations regarding the chain of command, and tell him I'm working with you on these. Separately, the team is off making contact with victims' families to set dates for face to face meetings next week.  I'll get an update on this tomorrow. Last, I think it might be appropriate for my legal team to brief Jim Crawford on our determinations - this is to ensure he is ready to provide you and the CNO his best advice.  I plan to execute this week. Standing by for any questions v/r Frank James F. Caldwell, Jr. (Frank) Enclosure Y Page 3 of 21 FITZGERALD_BENSON 018731 FITZGERALD_BENSON 018732 6 of 62 Director Naval Reactors james f.caldwell@navy mil 202-781-6174 Enclosure Y Page 4 of 21 FITZGERALD_BENSON 018732 FITZGERALD_BENSON 018733 7 of 62 From: To: Subject: Date: Caldwell, James F ADM SEA08, NR Moran, William F ADM, OPNAV, VCNO RE: CDA Friday, January 12, 2018 16:22:58 VCNO, thank might be helpful when you are available at your convenience v/r Frank -----Original Message----From: Moran, William F ADM, OPNAV, VCNO Sent: Friday, January 12, 2018 10:39 AM To: Caldwell, James F ADM SEA08, NR Subject: RE: CDA Can connect this afternoon as well, especially if that helps you in any way.  Let me know. Thanks, Bill ________________________________________ From: Caldwell, James F ADM SEA08, NR Sent: Friday, January 12, 2018 10:26:47 AM To: Moran, William F ADM, OPNAV, VCNO Subject: RE: CDA OK thanks VCNO - I can work that. I've got some other thoughts for you. Enjoy the trip v/r Frank -----Original Message----From: Moran, William F ADM, OPNAV, VCNO Sent: Friday, January 12, 2018 10:07 AM To: Caldwell, James F ADM SEA08, NR Subject: RE: CDA Thank you Frank, spoke to CNO last night, tracking all you say below....lots of moving parts! Lifting out of SD momentarily headed to Puget Sound and then back to DC tonight.  Great trip so far and looking forward to the PACNORWEST portion next. Let's plan to connect on Saturday, coffee my place?  Good time for you? VR, Bill ________________________________________ From: Caldwell, James F ADM SEA08, NR Sent: Thursday, January 11, 2018 8:57:58 PM To: Moran, William F ADM, OPNAV, VCNO Subject: CDA VCNO, today I briefed SECNAV on my CDA decisions and recommendations.  I know he is going to speak with Enclosure Y Page 5 of 21 FITZGERALD_BENSON 018733 FITZGERALD_BENSON 018734 8 of 62 CNO about COC accountability - and accordingly I gave the CNO a heads up this afternoon. I wanted to lay out my thinking on the way ahead and then find some time to speak with you late Friday or Saturday. Tomorrow afternoon I plan to meet with Tim Rexrode and my legal team with the intent of: -  finalizing the recommended public affairs guidance for unit level accountability actions - determine the plan for bringing CHINFO into the dialogue (likely Monday/Tuesday) - understanding where we are on contact with victim families and the planned engagement times next week - determining the plan for prestaging public affairs guidance and RTQs with senior Navy leaders - reviewing the plan for notifying the Hill - and the message to be carried to them - reviewing readiness of our paperwork for legal actions and NJPs The goal is to be ready to execute legal matters next week starting on Monday evening eastern time and family engagements on Tuesday (EST). As you probably recall, we would hold off Hill notifications and public affairs release until later in the week.  Of note: the SECNAV indicated that he may want to be the one carrying the message to Hill leaders - I informed the CNO about this. We are moving towards being ready to notify affected service members next Monday evening (Tuesday morning Yoko time).  My concern is becoming bifurcated from plans regarding the CoC.  To that end, I am preparing paperwork (1 page) for each leader considered - this will lay out my determinations and recommendations by individual, and allow one letter to  be used for any individual legal/retirement grade determination without worrying about privacy rights.  We arrived at this decision thru discussion with your JAG and others.  I would actually sign this on Tuesday morning (EST) to coincide with other efforts. I speculate that this would allow you to move forward with CoC actions/processes.  I can give your JAG a preview of my letter late tomorrow so that he can plan accordingly. A lot of moving parts.  Tim Rexrode has been terrific in helping us. Looking forward to talking with you.  Hope you're enjoying the trip. v/r Frank James F. Caldwell Director Naval Reactors ADM  USN James f.caldwell@navy mil 202-781-6174 Enclosure Y Page 6 of 21 FITZGERALD_BENSON 018734 FITZGERALD_BENSON 017660 From: To: Subject: Date: Attachments: Caldwell, James F ADM SEA08, NR Moran, William F ADM, OPNAV, VCNO FW: CDA synch matrix Saturday, January 13, 2018 12:01:47 Synchronization Matrix.pptx FOR OFFICIAL USE ONLY / PRIVACY SENSITIVE ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES. PRE -DECISIONAL VCNO,    for your SA - We're moving out to engage OLA - Reading Rexrode into CDA decision so that he can better support the team - Will send you some update products (PAG/RTQ and family outreach) a little later - I think these will go right to some of the discussion points from our meeting this morning - I next conference with my team at 1400 tomorrow v/r Frank -----Original Message----From: Caldwell, James F ADM SEA08, NR Sent: Saturday, January 13, 2018 11:40 AM To: Herrington, Edward SES SEA 08 NR; Luken, Michael J CAPT OJAG, TCAP; Rexrode, Timothy A CAPT OPNAV, N09; Smith, Jerry L Cc: Caldwell, James F ADM SEA08, NR; Rodgers, Jon P CAPT OLA, LA-01; Loeblein, James T RADM OLA, LA-00 Subject: CDA synch matrix FOR OFFICIAL USE ONLY / PRIVACY SENSITIVE ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES. PRE -DECISIONAL Gentlemen, Attached is the synchronization matrix I mentioned on the phone - Intent is to provide VCNO a sight picture of the various audiences and messages we will deliver - and show the outstanding questions (regarding notification timing) - You will note some question marks - that's because of the fluid nature of this.  I expect to gain fidelity over the next 24-36 hours as the VCNO and CNO dialogue. For Jim Loeblein - VCNO directed that you be read in on the CDA determinations.  I would like JR to review with you as soon as possible.  I also expect VCNO to contact you today or tomorrow to get your thoughts on messages and timing. For the CDA team - Please provide any comment back on the synch matrix. I will use your inputs in dialogue with the VCNO to get the answers that allow you to execute the plan. - Read CAPT Rexrode in on CDA decisions - Please send me the updated:         -  PAG/RTQs         - Family Briefing Sheets         - CDA operational planning - Mike L - take steps to build in the agility to update JAG teams on senior leader decisions - we can talk about clarifying/updating this message when we conference call tomorrow (1400) Enclosure Y Page 7 of 21 FITZGERALD_BENSON 017660 FITZGERALD_BENSON 017661 Thanks for all the support on this.  A lot of moving parts and I appreciate your expert inputs and efforts. Call me if we need to talk v/r JFC James F. Caldwell Director Naval Reactors ADM  USN James f.caldwell@navy mil 202-781-6174 NOTICE:  The information contained in this e-mail and accompanying attachments are UNCLASSIFIED BUT SENSITIVE INFORMATION for official use only, and may be legally privileged.  This information is intended solely for the use of the recipient(s) identified above.  If you are not an intended recipient of this information, any disclosure, copying, distribution or the taking of any action in reliance on this information is strictly prohibited.  The Sender does not waive any applicable privilege by sending the accompanying transmission.  If you received this email in error or you have any questions, please notify me immediately by return e-mail or calling 703.350.8132. FOR OFFICIAL USE ONLY / PRIVACY SENSITIVE ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES Enclosure Y Page 8 of 21 FITZGERALD_BENSON 017661 FITZGERALD_BENSON 018738 Enclosure Y Page 9 of 21 FITZGERALD_BENSON 018738 FITZGERALD_BENSON 018756 30 of 62 From: Sent: To: Subject: Signed By: Moran, William F ADM, OPNAV, VCNO Tuesday, January 16, 2018 7:24 Caldwell, James F ADM SEA08, NR; Richardson, John M ADM CNO RE: DRAFT Email to Senior Leaders william.moran@navy.mil Sensitivity: Personal Latest draft:  Gents,  After serious deliberation and review, early this morning DC time, late afternoon Japan, Frank Caldwell's CDA team  preferred charges on several Sailors from the FTZ and JSM (6 ART 32).  This action will generate media over the next  couple of days leading up to SN and CNO testimony this Thursday afternoon.    Additionally (and not public yet), knowing this action was taking place, Tom Rowden conveyed to me last night he has  chosen to send CNO a letter of resignation and will step down on Friday (Rich Brown arrives Thursday).  CNO does not  have that letter in hand yet, so please protect for now.  I didn't want you to learn of this from the media or RUMINT.  CHINFO has lead for PA and will be sending out a PA plan and PAG, to include RTQ later this morning....I will make sure  you receive this info immediately.  Standing by for any questions.  VR, Bill  ‐‐‐‐‐Original Message‐‐‐‐‐  From: Caldwell, James F ADM SEA08, NR   Sent: Tuesday, January 16, 2018 6:57 AM  To: Moran, William F ADM, OPNAV, VCNO; Richardson, John M ADM CNO  Subject: RE: DRAFT Email to Senior Leaders  Sensitivity: Personal  VCNO. Just saw this a little while ago. I'll take a look and give you some thoughts  V/r  Frank  ________________________________________  From: Moran, William F ADM, OPNAV, VCNO  Sent: Tuesday, January 16, 2018 3:57:50 AM  To: Richardson, John M ADM CNO; Caldwell, James F ADM SEA08, NR  Subject: DRAFT Email to Senior Leaders  CNO/Frank,  1 Enclosure Y Page 10 of 21 FITZGERALD_BENSON 018756 FITZGERALD_BENSON 018757 31 of 62 With your concurrence, recommend we send something like the following out tonight:  Gents,  After serious deliberation and review, Frank's team will prefer charges on several Sailors from the FTZ and JSM ‐ this will  occur over the next several hours, mostly in Japan.  This action will generate media over the next couple of days leading  up to SN and CNO testimony this Thursday afternoon.  Knowing this action is about to be taken and made public, I  believe Tom Rowden has chosen to announce that he is stepping down.  I didn't want you to learn of this from the  media or RUMINT.  CHINFO has lead for PA and will be sending out a PA plan and PAG, to include RTQ tomorrow morning....I will make sure  you receive this info immediately.  Standing by for any questions.  VR, Bill  2 Enclosure Y Page 11 of 21 FITZGERALD_BENSON 018757 FITZGERALD_BENSON 018765 39 of 62 From: Sent: To: Cc: Subject: Signed By: Moran, William F ADM, OPNAV, VCNO Tuesday, January 16, 2018 17:10 Caldwell, James F ADM SEA08, NR; Crawford, James W VADM JAG Brabazon, John CAPT OPNAV, VCNO RE: Media Round Table william.moran@navy.mil Importance: High And we are launching the press release  ‐‐‐‐‐Original Message‐‐‐‐‐  From: Caldwell, James F ADM SEA08, NR   Sent: Tuesday, January 16, 2018 5:09 PM  To: Crawford, James W VADM JAG; Moran, William F ADM, OPNAV, VCNO  Subject: RE: Media Round Table  Thanks Jim, appreciate the heads up  v/r  Frank  ‐‐‐‐‐Original Message‐‐‐‐‐  From: Crawford, James W VADM JAG   Sent: Tuesday, January 16, 2018 5:07 PM  To: Moran, William F ADM, OPNAV, VCNO; Caldwell, James F ADM SEA08, NR  Subject: Media Round Table  VCNO / NR,  CHINFO is hosting a media round table on the CDA determinations tomorrow around 1000.  I am providing Captain Art  Record to support CHINFO.  I have asked Art to consult with Captain Mike Luken (Legal Advisor to CDA) prior to the  engagement.  Mike is very capable of doing this, I did not want to involve Mike as he was directly involved in the  decision making and I want to maintain some distance between that evolution and the press.  No action for you info  only.  Thanks.  V\r  jim  1 Enclosure Y Page 12 of 21 FITZGERALD_BENSON 018765 FITZGERALD_BENSON 017706 From: To: Cc: Subject: Date: Caldwell, James F ADM SEA08, NR Moran, William F ADM, OPNAV, VCNO; Trautman, Stephen J SES CIV NAVSEA 08 NR Gilmer, David T CIV NAVSEA, 08; Brabazon, John CAPT OPNAV, VCNO; Luken, Michael J CAPT OJAG, TCAP; Osterhues, Eric J CIV SEA 08 NR; Smith, Jerry L; Ross, Brian A LCDR SEA 08 NR RE: CDA Monday, January 29, 2018 17:45:07 VCNO, I have my team sending something to CHINFO for consideration.  I think it hits close to what you’re looking for In general our thinking is that we can comment on things that are done, but not what’s coming up.  This allows process to play out, protects the service members, and allows me to exercise decision authority. A good example is the 2 masts that were conducted and then charges dismissed. We also talked about using the victims witness network to give families a heads up of upcoming releases - in general vs specific details. And also discussed keeping OLA informed I will send you something separately to give you a sense of what we’re thinking about V/r Frank ________________________________________ From: Moran, William F ADM, OPNAV, VCNO Sent: Monday, January 29, 2018 10:13:39 PM To: Trautman, Stephen J SES CIV NAVSEA 08 NR Cc: Caldwell, James F ADM SEA08, NR; Gilmer, David T CIV NAVSEA, 08; Brabazon, John CAPT OPNAV, VCNO Subject: RE: CDA Thanks Steve, we connected...looking to close up our conversation later today after he syncs with his staff back at NR.  R, Bill -----Original Message----From: Trautman, Stephen J SES CIV NAVSEA 08 NR Sent: Monday, January 29, 2018 2:22 PM To: Moran, William F ADM, OPNAV, VCNO Cc: Caldwell, James F ADM SEA08, NR; Gilmer, David T CIV NAVSEA, 08 Subject: RE: CDA VCNO, ADM Caldwell will be leaving Guam for HI about 1700 our time - 0800 Guam time today.  He has a call scheduled with the CDA legal team at 1500.  I will work with the EA and Aide to try to get the two of you connected. VR, Steve Steve Trautman Deputy Director Naval Reactors 202-781-6136 -----Original Message----- Enclosure Y Page 13 of 21 FITZGERALD_BENSON 017706 FITZGERALD_BENSON 017707 From: Moran, William F ADM, OPNAV, VCNO Sent: Monday, January 29, 2018 1:48 PM To: Caldwell, James F ADM SEA08, NR; Richardson, John M ADM CNO Cc: Loeblein, James T RADM OLA, LA-00; Trautman, Stephen J SES CIV NAVSEA 08 NR; Luken, Michael J CAPT OJAG, TCAP; Rodgers, Jon P CAPT OLA, LA-01; Phil Sawyer; Fenton, Gregory J RDML CNRJ; Smith, Jerry L; Herrington, Edward SES SEA 08 NR; Swift, Scott H ADM COMPACFLT, N00; Brown, Richard A VADM CNSF/CNSP, N00; Osterhues, Eric ; Hicks, Gregory CAPT CHINFO, OI-00; Naman, Joseph P CAPT OPNAV, N96; Ross, Brian A LCDR SEA 08 NR; Brabazon, John CAPT OPNAV, VCNO Subject: RE: CDA Importance: High Frank, am trying to give you a call sometime today while you are in HI....I am recommending going active PA starting later today....we are getting behind the news cycle as you probably saw in CLIPS this morning.  Will keep you posted, not revealing any names (of course) but we should be able to generally speak to numbers of NJP, the fact that some have even dismissed previous NJP actions, and most of all, our "secrecy" has been in the best interest of protecting Sailors and the process...we need to tell this story.  VR, Bill -----Original Message----From: Caldwell, James F ADM SEA08, NR Sent: Friday, January 26, 2018 8:13 PM To: Richardson, John M ADM CNO; Moran, William F ADM, OPNAV, VCNO Cc: Loeblein, James T RADM OLA, LA-00; Trautman, Stephen J SES CIV NAVSEA 08 NR; Luken, Michael J CAPT OJAG, TCAP; Rodgers, Jon P CAPT OLA, LA-01; Phil Sawyer; Fenton, Gregory J RDML CNRJ; Smith, Jerry L; Herrington, Edward SES SEA 08 NR; Swift, Scott H ADM COMPACFLT, N00; Brown, Richard A VADM CNSF/CNSP, N00; Osterhues, Eric ; Hicks, Gregory CAPT CHINFO, OI-00; Naman, Joseph P CAPT OPNAV, N96; Ross, Brian A LCDR SEA 08 NR Subject: RE: CDA CNO, VCNO, I have completed all NJPs and NPLOC discussions planned for my visit in Japan. Regarding NJPs, I conducted 6 sessions, and elected to imposed punishment at 4. The other 2 were dismissed. I will have my legal team ensure your JAGs have the specifics. We were in contact with the CNFJ and C7F legal teams, so they are aware of the outcomes. PAG is still passive. We had command representatives and ensured support networks were available for all mast subjects There are a few folks that were not available to receive NPLOCs - I'll have to figure out how I'm going I deal with that. Also , I still have masts to conduct back in CONUS Will let you know when I have completed all of these. V/r Frank ________________________________________ From: Caldwell, James F ADM SEA08, NR Sent: Thursday, January 25, 2018 2:23:35 AM To: Richardson, John M ADM CNO; Moran, William F ADM, OPNAV, VCNO Cc: Loeblein, James T RADM OLA, LA-00; Trautman, Stephen J SES CIV NAVSEA 08 NR; Luken, Michael J Enclosure Y Page 14 of 21 FITZGERALD_BENSON 017707 FITZGERALD_BENSON 017708 CAPT OJAG, TCAP; Rodgers, Jon P CAPT OLA, LA-01; Phil Sawyer; Fenton, Gregory J RDML CNRJ; Smith, Jerry L; Herrington, Edward SES SEA 08 NR; Swift, Scott H ADM COMPACFLT, N00; Brown, Richard A VADM CNSF/CNSP, N00; Osterhues, Eric ; Hicks, Gregory CAPT CHINFO, OI-00; Naman, Joseph P CAPT OPNAV, N96; Ross, Brian A LCDR SEA 08 NR Subject: CDA CNO, VCNO, FYI. I am conducted masts ICW my CDA responsibilities today in Japan.  At the end of the day, I will send you a summary of my determinations. We are passive on the public affairs side and have a holding statement with RTQs. CHINFO in the lead for all public affairs and OLA in the lead with the Hill. I will call C7F and CNFJ later today to ensure they have the background they need. Tomorrow I will deliver some NPLOCs.  I do NOT intend to communicate the specifics of these because they are between me and the service members only. Note there are other NJPs to be conducted in CONUS after my return. Standing by for questions. 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R6:ÿl=DD86? ];G5=4:4ÿnÿo11 P88G4 pqrsÿN@F864ÿ=FG NO86=:;64 RDDÿH=FG4ÿo=G7; `gwxe <=>?ÿo8486>8 <=>?BC7DÿEFG86@=? <=>?ÿ]864;FF8D M;CC=FGÿS<]MU <=>?ÿ1R]o <=>?ÿ__N uF5D247;FÿRFG L7>8647:? <=>?ÿ1:=FG=6G uF:8K6=:8G ]864;FF8Dÿ1?4:8C S<1u]1U \?ÿ<=>?ÿ];6:=D ^;=6Gÿ;I M;6685:7;F4ÿI;6 <=>=Dÿo85;6G4 S^M? o8:7688ÿ<8@4D8::86 ybdaade \7D7:=6?ÿM=68864 M7>7D7=FÿM=68864 <=>?ÿ]NL Enclosure Z $22%%%& & 2 "# 2 & ' ( )01*14*+" ( " ) % +" ( " ) +" ( )01111104,-..4/0+" ( 0 024 Navy Seeks to Prosecute Top Officers for Crashes The New York Times January 16, 2018 Tuesday 15:22 EST Copyright 2018 The New York Times Company All Rights Reserved Section: US; politics Length: 477 words Byline: Thomas Gibbons-Neff Highlight: The commanding officers of two Naval destroyers that collided with commercial vessels in the western Pacific last year will face court-martial charges, the Navy said. Body WASHINGTON — The commanding officers of two Naval destroyers that collided with commercial vessels in the western Pacific last year, killing a total of 17 American sailors, will face court-martial charges that could include negligent homicide, the Navy said on Tuesday. After the collisions, the commanding officers, Cmdr. Bryce Benson of the Fitzgerald, and Cmdr. Alfredo J. Sanchez of the John S. McCain, along with their second-in-commands, were relieved of their duties. In October, the Navy began looking into further disciplinary actions. Adm. Frank Caldwell, one of the lead officers assigned to the investigation, determined that the charges could include dereliction of duty, hazarding a vessel and negligent homicide, the Navy said in a statement. In the coming weeks, the two commanding officers and three other sailors aboard the Fitzgerald will most likely be charged during a hearing that determines whether they will be taken to trial in a court-martial. If found guilty, they could face jail time. The announcement of a hearing and of court-martial charges “is not intended to and does not reflect a determination of guilt or innocence related to any offenses,” the statement said. A chief petty officer from the John S. McCain has already been referred to court-martial on suspicion of dereliction of duty; eight other crew members, four from each ship, face administrative actions. Vice Adm. Joseph P. Aucoin, the head of the Seventh Fleet, the Navy’s largest overseas, and other senior officers were also relieved last year after the collisions. In November, the Navy released reports about the June 17 collision between the Fitzgerald and a commercial ship that killed seven sailors off Japan and the Aug. 21 collision between the John S. McCain and another commercial vessel that left 10 dead near Singapore. The Navy concluded that both collisions resulted from a chain of errors, missed warnings and poor training. “The collisions were avoidable,” Adm. John M. Richardson, the chief of naval operations, said in a summary of the reports, released in November. Admiral Richardson and the secretary of the Navy, Richard V. Spencer, are set to appear in front of two subcommittees of the House Armed Services on Thursday, focusing extensively on naval operations. Enclosure AA Page 1 of 6 Page 2 of 2 Navy Seeks to Prosecute Top Officers for Crashes PHOTO: The damaged guided-missile destroyer the Fitzgerald off the coast of Japan in June after it collided with a Philippine-registered container ship. (PHOTOGRAPH BY Agence France-Presse — Getty Images FOR THE NEW YORK TIMES) Related Articles • Navy Collisions That Killed 17 Sailors Were ‘Avoidable,’ Official Inquiry Says • 2 Top Officers of Navy Ship John S. McCain Are Removed • 10 Missing After U.S. Navy Ship and Oil Tanker Collide Off Singapore • Top Two Officers on Navy Ship in Deadly Collision Off Japan Are Relieved of Duties • Sleeping Sailors on U.S.S. Fitzgerald Awoke to a Calamity at Sea Load-Date: July 14, 2018 End of Document Enclosure AA Page 2 of 6 Navy filing homicide charges against two ship commanders The Baltimore Sun January 17, 2018 Wednesday, First Edition Copyright 2018 The Baltimore Sun Company All Rights Reserved Section: MAIN NEWS; A; Pg. 4 Length: 438 words Body WASHINGTON - Five officers involved in two Navy ship collisions last year that killed a total of 17 sailors are being charged with negligent homicide, the Navy said Tuesday. A Navy spokesman, Capt. Greg Hicks, said the charges, which also include dereliction of duty and endangering a ship, will be presented to what the military calls an Article 32 hearing to determine whether the accused are taken to trial in a court-martial. The disciplinary actions, decided by Adm. Frank Caldwell, are the latest in a series of moves the Navy has made in the aftermath of the deadly collisions, which investigators concluded were avoidable. It fired several top leaders, including the commander of the 7th Fleet, Vice Adm. Joseph Aucoin, and several other senior commanders in the Pacific. The Navy has been reeling from tough questions rising from the two collisions. The destroyer USS Fitzgerald struck a commercial ship off the waters of Japan in June, killing seven U.S. sailors, including Petty Officer 1st Class Xavier Martin, 24, of Halethorpe. The destroyer USS John S. McCain collided with an oil tanker in coastal waters off Singapore in August, killing 10 U.S. sailors, including Information Systems Technician 2nd Class Timothy Eckels Jr., 23, of Manchester and Electronics Technician 1st Class Kevin Bushell, 26, of Gaithersburg. The Navy said it is filing at least three charges against four officers of the Fitzgerald, including the commanding officer, who was Cmdr. Bryce Benson at the time. Benson suffered a head injury in the collision and was airlifted to the U.S. Naval Hospital at Yokosuka, Japan. A Navy investigation found that Benson left the ship's bridge before the collision. Also facing charges are two lieutenants and one lieutenant junior grade, whose names were not disclosed. The Navy said all four face criminal charges, including negligent homicide, dereliction of duty and endangering a ship. Fewer officers from the McCain are being charged. The Navy said the ship's commander at the time, Cmdr. Alfredo J. Sanchez, is being charged with negligent homicide, dereliction of duty and endangering a ship. A chief petty officer, whose name was not disclosed, faces a charge of dereliction of duty. In a statement, Hicks said the announcement of charges Tuesday is "not intended to and does not reflect a determination of guilt or innocence related to any offenses. All individuals alleged to have committed misconduct are entitled to a presumption of innocence." Hicks said that in addition to the criminal charges, additional administrative actions are being taken against unidentified members of both crews. Enclosure AA Page 3 of 6 Page 2 of 2 Navy filing homicide charges against two ship commanders Load-Date: January 17, 2018 End of Document Enclosure AA Page 4 of 6 Navy files charges over ship collisions The Washington Post January 17, 2018 Wednesday, Suburban Edition Copyright 2018 The Washington Post All Rights Reserved Distribution: Every Zone Section: A-SECTION; Pg. A13 Length: 456 words Byline: Dan Lamothe Body Five officers involved in crashes that killed 17 face criminal investigations Five Navy officers involved in ship collisions that killed a combined 17 sailors last year will face a variety of criminal charges, including negligent homicide, the service announced Tuesday night. The individuals include Cmdr. Bryce Benson and Cmdr. Alfredo J. Sanchez, the former captains of the USS Fitzgerald and USS John S. McCain, respectively. The Fitzgerald collided off the southern coast of Japan with a larger vessel on June 17, killing seven sailors, while the McCain struck another ship Aug. 21 near Singapore, killing 10. Three other officers aboard the Fitzgerald also will face charges, said Navy Capt. Gregory Hicks, a service spokesman. The service did not identify them by name Thursday, but they include two lieutenants and one lieutenant junior grade. They and Benson face charges of negligent homicide, dereliction of duty and hazarding a vessel. Sanchez faces the same three charges in connection with the McCain accident, Hicks said in a statement. In addition, the Navy is examining one charge of dereliction of duty against a chief petty officer, a senior enlisted leader on the ship. Separately, the service also is moving forward with administrative discipline for four other members each from the Fitzgerald and McCain, Hicks said. The potential courts-martial are the latest fallout to the collisions, which shocked the Navy, prompted congressional hearings and have left the service short two $1.8 billion destroyers. Navy Adm. John M. Richardson, the chief of naval operations, has promised that the service will get back to basics and emphasize the fundamentals of good seamanship. The service announced in November that it had found through internal investigations that both catastrophes were preventable and occurred due to multiple failures by service members who were standing watch the nights of the accidents. Enclosure AA Page 5 of 6 Page 2 of 2 Navy files charges over ship collisions Richardson disclosed at a Pentagon news conference Nov. 2 that he had assigned Adm. James "Frank" Caldwell Jr. to serve as a consolidated disposition authority for legal cases related to the collisions. The term defines a senior officer who oversees cases that can be both criminal and administrative in nature. The service already had removed numerous people from their jobs as a result of the collisions, including Sanchez and his second-in-command on the McCain, Cmdr. Jessie L. Sanchez. On the Fitzgerald, the Navy removed Benson, Cmdr. Sean Babbitt, the ship's No. 2 officer, and Command Master Chief Brice A. Baldwin, its senior enlisted sailor. In August, the Navy also removed Adm. Scott Swift, the commander of its Pacific Fleet, and Vice Adm. Joseph Aucoin, who oversaw its 7th Fleet. dan.lamothe@washpost.com Load-Date: January 17, 2018 End of Document Enclosure AA Page 6 of 6 Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal ... Page 1 of 6 Home » Education Legislation » Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal Ship Collisions Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal Ship Collisions By: Megan Eckstein January 17, 2018 6:56 PM Rep. Rob Wittman (R-Va.) is pictured while chairing the seapower and projection forces subcommittee of the House Armed Services Committee. DoD Photo Enclosure BB Page 1 of 6 https://news.usni.org/2018/01/17/wittman-previews-hasc-hearing-navy-readiness-reviews-... 5/18/2018 Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal ... Page 2 of 6 House Armed Services Committee members will have a chance on Thursday to ask Navy leadership how it will take action in the aftermath of two recent surface readiness reviews and to follow up on this week’s announcement of criminal and administrative actions taken against Navy officers involved in last summer’s two fatal surface ship collisions. The HASC readiness and seapower and projection forces subcommittees will host a joint hearing Thursday afternoon with Navy Secretary Richard V. Spencer and Chief of Naval Operations Adm. John Richardson. Rep. Rob Wittman (R-Va.), who chairs the seapower and projection forces subcommittee, told USNI News on Wednesday that his primary objective for the hearing is to “determine the process that they’ll go through to synthesize those two (readiness) reports to come out with an action plan, and then the timeframes they propose to put into that action plan.” Richardson told USNI News last week that he would create a single comprehensive plan based on the recommendations of the two reports, something his staff is still working on. Though Wittman said he wanted to hear what the Navy had to say about a couple topics before the committee took action, he made clear to USNI News that “I think the outcome will be a number of directives in this year’s [National Defense Authorization Act] that will respond to these two incidents and to the comprehensive review and the strategic readiness review.” One particular area Wittman is eyeing is the creation of “a single Tier 2 Echelon command consolidation” that would put one organization, likely U.S. Fleet Forces, in charge of all man, train and equip policy for the entire Navy. Under current law, U.S. Fleet Forces Command and U.S. Pacific Fleet may implement different policies in the East Coast and West Coast fleets. A consolidation of that authority would likely be accompanied by “doing away with the 4th Fleet and reestablishing the 2nd Fleet, so Enclosure BB Page 2 of 6 https://news.usni.org/2018/01/17/wittman-previews-hasc-hearing-navy-readiness-reviews-... 5/18/2018 Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal ... Page 3 of 6 there’s an East Coast and a West Coast comparable command structure for fleet management” and preparation of deployable forces, Wittman said. Wittman listed four other priorities of his that he wants to solicit Navy feedback on in the hearing before determining what, if any, legislation to write on the topic. He said he wanted to discuss manning in the Navy to ensure that forward-deployed ships are able to plan for manning at a maximum-needed level and not a minimum level; ship repair capabilities in Japan and what it would mean for the rest of the fleet to ensure that Forward Deployed Naval Forces (FDNF) ships are able to return to the United States every seven to 10 years for a deep-dive maintenance and modernization availability; how to create more expertise within the ranks; and how to provide new junior officers with more at-sea experience before reporting for duty. Contractors from the Fleet Activities Yokosuka Ship Repair Facility perform maintenance on the guided-missile destroyer USS Lassen (DDG 82) as it rests in dry dock on March 23, 2009. US Navy photo. Enclosure BB Page 3 of 6 https://news.usni.org/2018/01/17/wittman-previews-hasc-hearing-navy-readiness-reviews-... 5/18/2018 Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal ... Page 4 of 6 On the expertise issue, Wittman said he wants to see “a depth to the surface navy that we see in other areas – we see those things happen in aviation, we see those things happen in the submarine force.” “Now in the surface navy everybody is encouraged to generalize, so you get a little bit here, a little bit there, you get a little bit of knowledge on engineering, you get a little bit of knowledge on ship systems, you get a little bit of knowledge on combat systems, you get a little bit of knowledge on seamanship and navigation – but never a place where you can really establish expertise,” he said. “And then as these individuals make their way up through command and make decisions later on in force structure, in force operation, I think it’s very useful to have an area of specialization – so somebody that works in the ship systems engineering area can really be an expert there, so that as they pursue their Navy career they are the subject matter expert there, so when there’s decisions made on operations, decisions made on acquisition, you have somebody there who’s a real expert.” Regarding junior officer at-sea experience, Wittman said “simulation is great” but that “taking a junior officer as an ensign, putting them directly at sea onboard a surface ship with them having served no time at sea on the bridge of a ship, and having them stand watch and say, okay, now you’re going to assume a rotation on the bridge commanding the ship, it expects a little bit too much.” The six issues Wittman identified were also mentioned in the U.S. Fleet Forces Command-led Comprehensive Review on Recent Surface Force Incidents and in the Navy Secretary-directed Strategic Readiness Review. Enclosure BB Page 4 of 6 https://news.usni.org/2018/01/17/wittman-previews-hasc-hearing-navy-readiness-reviews-... 5/18/2018 Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal ... Page 5 of 6 Lt. Cmdr. Steven T. Benefield navigates the Arleigh Burke-class guided-missile destroyer USS Sampson (DDG-102) while conducting a fueling-at-sea on Dec, 5 2017. US Navy Photo Separate from these two reviews following two fatal surface ship collisions and two non-fatal mishaps in U.S. 7th Fleet, the Navy also announced it was charging several officers involved in the fatal collisions with negligent homicide, dereliction of duty and hazarding a vessel. USNI News also reported this week that Commander of Naval Surface Forces Vice Adm. Tom Rowden would leave the Navy ahead of his planned Feb. 2 retirement as a result of the incidents. Wittman told USNI News, “I find this to be very appropriate – extraordinarily serious, but very appropriate in light of the severity of these two incidents and the things the surface navy is facing. I’ve been very encouraged by Navy actions.” “I think the Navy is elevating this to the proper level: from the actions here with Adm. Rowden to the issues with court-martial and the charges placed upon the officers involved in these incidents, I think (the actions) rise exactly to the level that is necessary to demonstrate the seriousness of these issues,” he continued. “And I think it’s extraordinarily important to make sure the Navy sends a signal not just to folks outside the Navy but also within the Navy as to the level of operation and Enclosure BB Page 5 of 6 https://news.usni.org/2018/01/17/wittman-previews-hasc-hearing-navy-readiness-reviews-... 5/18/2018 Wittman Previews HASC Hearing on Navy Readiness Reviews, Punishments After Fatal ... Page 6 of 6 responsibility and accountability they expect within the Navy, and then if that doesn’t occur the severity of actions that will result because of that. I think that sends an extraordinarily strong message both inside and outside the Navy as to the importance of this issue.” Enclosure BB Page 6 of 6 https://news.usni.org/2018/01/17/wittman-previews-hasc-hearing-navy-readiness-reviews-... 5/18/2018 Enclosure CC 0123024105 6789 ÿ ÿ ÿ ÿ 7 9ÿ 7 ÿ7 ÿ ÿ ÿ ÿ 7 ÿ ÿ!ÿ 6"ÿ6 # ()*+ ÿ ,)-./0 1 ÿ2ÿ3 ' 7 ÿ 7 ÿ2ÿ6789 ÿ ÿ ÿ ÿ 7 9ÿ 7 ÿ7 ÿ ÿ ÿ ÿ 7 ÿ ÿ ÿ ÿ ÿ *4567ÿ/9:;<=>>ÿ?99@A:;ÿB9ÿ/C4B=A:ÿ M4:N4<6ÿOP7ÿQROPÿPLRSÿH( $ % &22 # ' 241052102052 789! ! ! 7 9! 7 ! !'! !%7 ! 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Enclosure DD Page 5 of 5 (25 Henderson, Justin C LCDR OJAG, Navy DCAP Subject: RE: CNO All Hands Calls ‐‐‐‐‐Original Message‐‐‐‐‐  From: Record, Warren A CAPT OJAG, Criminal Law  Sent: Thursday, January 18, 2018 10:17 AM  To: Bobbitt, Karetta L LNC OJAG, \NLSC IG ; Coffman, Jeanette E LNC OJAG, Code 20  ; Einhorn, Allison K CIV OJAG, Code 20 ; Kraemer, James L  JR LT OJAG, Code 20 ; Loutinsky, Genevieve P LT OJAG, Code 30  ; Martinson, James CIV OJAG, Code 20 ; Mulhern, Daniel  J., LT OJAG, Code 20 ; Nica, Alexandra LT OJAG, Code 20 ;  Pietrzyk, Jeff J LCDR OJAG, Code 20 ; Pollio, Jennifer L LCDR OJAG, Code 20  ; Record, Warren A CAPT OJAG, Criminal Law ; Sanchez, Shannon  N CTR OJAG, Code 20 ; Waits, John K CIV OJAG, Code 20   Cc: Record, Warren A CAPT OJAG, Criminal Law   Subject: FW: CNO All Hands Calls    Team:    Please see below WRT 25 Jan CNO All Hands Call.    Very respectfully,    CAPT Art Record, JAGC, USN    Deputy Assistant Judge Advocate General (Criminal Law) Office of the Judge Advocate General  1254 Charles Morris St. SE, Suite B01  Washington Navy Yard, DC 20374‐5124    Phone:  (202) 685‐7057  Cell:  (703) 835‐7629  Email:  warren.record@navy.mil    FOR OFFICIAL USE ONLY / PRIVACY SENSITIVE / ATTORNEY WORK PRODUCT.  The information contained in this e‐mail  and/or accompanying documents was prepared by personnel of the Criminal Law Division, Office of the Judge Advocate  General of the Navy and is intended for the exclusive use of the individuals to whom it is addressed.  It may contain  information that is pre‐decisional, privileged or protected from release under the Privacy Act, FOIA or other applicable  laws.  Do not disseminate this e‐mail, or its contents, to anyone who does not have an official need for access, or  without the express consent of the sender.  If you are not the intended recipient, you are on notice that copying,  disclosure or any distribution of this message, in any form, is prohibited.  Any misuse or unauthorized disclosure can  result in both civil and criminal penalties.      ‐‐‐‐‐Original Message‐‐‐‐‐  From: Lecce, Daniel J Colonel, USMC OJAG, CODE 02  Sent: Thursday, January 18, 2018 9:09 AM  To: Danyluk, Valerie C COL OJAG; House, Andrew R CAPT OJAG, Code 45; Record, Warren A CAPT OJAG, Criminal Law;  Smith, Ursula M LCDR OJAG, Code 30; Mossor, William J CAPT OJAG, NAMARA Code 40  1 Enclosure EE Page 1 of 3 Cc: Keller, Brian K Mr. NAMARA, CODE 46; ONeil, Kelli A Maj OJAG, Code 46; Snyder, Rebecca S CIV OJAG, CODE 45;  Ostrom, Donald R LCDR OJAG, Code 45; Waits, John K CIV OJAG, Code 20; Pietrzyk, Jeff J LCDR OJAG, Code 20; Loutinsky,  Genevieve P LT OJAG, Code 30  Subject: FW: CNO All Hands Calls    Directors‐‐Please see below.  This is an All‐Hands Navy event in the Pentagon.    V/R, DJL      ‐‐‐‐‐Original Message‐‐‐‐‐  From: Yuzon, Florencio J CAPT OJAG, Code 00/001  Sent: Thursday, January 18, 2018 9:04 AM  To: Kiamos, Paul C CAPT AJAG 01, Front Office; Lecce, Daniel J Colonel, USMC OJAG, CODE 02; Modzelewski, Moira D  CAPT Chief Judge NMCCA/OJAG, CODE 51; Sharp, Gary E CAPT OJAG, Code 06; Ritchie, Jondell LNCM OJAG, SEL  Cc: Werner, Meredith LCDR OJAG, Code 01; Gonzales, Steven P LCDR OJAG, Code 05; Hudson, Latham T LCDR OJAG,  Code 00/001; Reintjes, Christopher M LCDR OJAG, Code 00/001; Sklerov, Matthew J CDR OJAG, Front Office; Koningisor,  Jessica E LT OJAG, Code 00/001; Anderson, Keleigh LT OJAG, Code 00/001; Yuzon, Florencio J CAPT OJAG, Code 00/001  Subject: CNO All Hands Calls    All:  good morning.  BLUF, CNO will conduct a series of All Hands Calls in the Pentagon Auditorium next week.  Due to  the size of the Navy footprint, various divisions and codes are assigned time slots for attendance, and OJAG's appointed  time is 1500‐1600, 25 Jan. I respectfully ask that you widely disseminate this.    JAG asks that our personnel attend the All Hands Call, subject to overriding mission requirements.      Many thanks in advance.    V/r, Flo    Florencio "Flo" Yuzon  CAPT, JAGC, USN  Executive Assistant to the        Judge Advocate General of the Navy  703‐614‐7420    Navy JAG Community ‐ Dedicated to Service, Committed to Excellence    FOR OFFICIAL USE ONLY, PRIVACY SENSITIVE.  This electronic transmission, and any attachments, may contain  confidential information intended only for the person(s) named above.  It may be protected from disclosure by  applicable law, including the Privacy Act, attorney‐client privilege, and/or work product doctrine.  Any misuse,  distribution, copying, or unauthorized disclosure by another person is strictly prohibited and may result in both civil and  criminal penalties.  If you receive this transmission in error, please notify the sender at the telephone number or e‐mail  address above.    ‐‐‐‐‐Original Message‐‐‐‐‐  From: Triplett, Will M CAPT OPNAV, DNS EA  Sent: Wednesday, January 17, 2018 2:18 PM  To: OPNAV ALL  Cc: john.w.lefavour.mil@mail.mil; Marty, Stephen A CDR USN BUMED FCH VA (US); Yuzon, Florencio J CAPT OJAG, Code  00/001; Fields, Cynthia J CDR CHINFO, EA  Subject: CNO All Hands Calls  2 Enclosure EE Page 2 of 3   OPNAV Staff,    CNO will be conducting All Hands Calls in the Pentagon Auditorium on 25 and 26 Jan.  Below is the schedule with the  date and time for your respective directorate:       ‐Thursday, 25 JAN 2018   1300 ‐ 1400  (N9, N095, OLA)     1500 ‐ 1600  (N3N5, DNS, OJAG, N093*)     ‐Friday, 26 JAN 2018    1230 ‐ 1330   (N2N6, N097, CHINFO, CNO, VCNO, MCPON, N093*)    1430 ‐ 1530   (N4, N8)      CNO's All Hands call with  N1 which will be held at NSF Arlington on the following date:        ‐Wednesday, 31 JAN 2018 (Location: NSF Arlington)  1500 ‐ 1600  (N1)    Please be in your seats 15 minutes prior to the start of your respective All Hands Call.      Vr,    CAPT Will Triplett  Executive Assistant  Director, Navy Staff  (W)  (703) 692‐9026  (C)   (703) 835‐7594  (C)   (540) 429‐6137        3 Enclosure EE Page 3 of 3 Henderson, Justin C LCDR OJAG, Navy DCAP Subject: RE: Accountability in history ‐‐‐‐‐Original Message‐‐‐‐‐  From: Cox, Samuel J SES NHHC, DNS‐H  Sent: Friday, March 09, 2018 6:39 AM  To: Richardson, John M ADM CNO  Cc: Moran, William F ADM, OPNAV, VCNO; Crawford, James W VADM JAG; Kopplin, Shannon H CAPT OPNAV, N00J;  Wikoff, George M CAPT OPNAV, N00  Subject: RE: Accountability in history    CNO, I most certainly can help.  Do you have a target due date?  Very respectfully, Sam    Samuel J. Cox  RADM, USN (Retired)  Director of Naval History  Curator of the Navy  Director, Naval History and Heritage Command  202‐433‐2210  samuel.cox@navy.mil      ‐‐‐‐‐Original Message‐‐‐‐‐  From: Richardson, John M ADM CNO  Sent: Friday, March 09, 2018 6:37 AM  To: Cox, Samuel J SES NHHC, DNS‐H  Cc: Moran, William F ADM, OPNAV, VCNO; Crawford, James W VADM JAG; Kopplin, Shannon H CAPT OPNAV, N00J;  Wikoff, George M CAPT OPNAV, N00  Subject: Accountability in history    Sam, hope you're doing well.  I've been thinking about the punitive measures taken in the FITZGERAD and MCCAIN  cases.  Severe.    I was wondering how this fits into history ‐ what are the accountability measures taken in historical incidents?  I've got  the history for collisions.  What about things like Pearl Harbor?  The loss of Halsey's ships in the typhoons?  Guadalcanal?  SCORPION?  There are some examples even from 1812.    You see what I'm getting at.  I'd like to get a comparative sense of the history here.    Can you help?  Thanks.    VR/ John      1 Enclosure FF 0120324103 5676ÿ9 ÿ ÿ ÿ ÿ 9ÿ 6ÿ 7 9 ,-./0ÿ20ÿ34546ÿ78/94:.2;< =>?@>AB?CÿDÿE9/?@>AB@CÿDÿE9-<-;:ÿ FGH+946ÿI+66ÿJ294; ÿ $"6ÿ ##ÿ !ÿ ÿ ÿ! ÿ Kÿ9 ÿL Mÿ !$ÿ $N $ÿ ÿ O # ÿ Kÿ7O !O ÿK "ÿ ÿ5! $ÿ7 ÿ9 #ÿ O $ " ÿ ! 0P30ÿ !$ÿ ÿ" Q ÿ$ ÿK "ÿ ÿ9 ! #ÿR ÿS ## ÿ 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"" ./01ÿ3456107ÿ8/91:/ÿ;<ÿ=6>9?? @/ABCDÿ@61/EC91ÿ?91ÿFA/10C69GHIÿJ0C69G07ÿK96GCÿFA/10C69GHÿLGC/776:/GE/ÿM/GC/1IÿFA/10C69GH N/05ÿO6P/IÿKQIÿK96GCÿRC0?? ÿ )' (ÿ ÿ 6ÿ S TTÿ ÿ ÿ& # ÿ Tÿ9 %ÿ U& % VSWÿ9 %ÿX ÿ &) )U # )ÿT 'ÿ# ÿY # ( Vÿ5& # ÿ Tÿ ' V ÿ &ÿ0ZZ1Wÿ% # ÿ ÿ V ( ÿ Tÿ # &ÿ" & &V (ÿ & ' ÿÿ[ ÿ V )ÿ ÿV '' &ÿ# U ÿ# ÿ & # &ÿ5& # ÿ9 \Yÿ 'Wÿ & )ÿ ÿ # ÿ Tÿ7V &V ÿ & # & (ÿ & ' &#ÿT 'ÿ# ÿ5& # ÿ Tÿ S & Wÿ &)ÿ ÿ ÿX &#ÿ7 V (# TT V 6ÿ ÿ S TTÿÿ% ÿ) & # )ÿ ÿ& (ÿ # ÿ #ÿ9 (ÿ ÿ7# # &ÿ ) &ÿ &ÿ" * U 0ZZ]6ÿÿ[ ÿ )ÿ # & (( ÿ ÿ &ÿ" 0-ÿ ( #ÿ &ÿ" # ÿ7^U ) &ÿ_`"aÿ014ÿ & 577ÿ ' V ÿ_Y`ÿbbaÿ &)ÿ ÿ) #' &#ÿ )ÿ% # ÿ̀" 0c-ÿ &ÿ # U WÿX &ÿ & 577ÿ! ## ÿ[ %Sÿ_Y`ÿb]a6ÿÿY '' &)ÿ &' &# ÿ &V(U) ÿ7# S ÿ" # ÿ7^U ) & _`" aÿ400ÿdY VS' # eWÿ% ÿ ÿ) ( )ÿ &ÿ577ÿ &# ÿ_Y`9ÿbcaÿ & U #ÿ Tÿ # & ÿ ^ ÿ" ) 'ÿ &)ÿ &)U & ÿ" ) 'Wÿ# ÿ̀" 044ÿd"( & ( eWÿ# ÿ% #ÿV #ÿ7# S ÿ" # ÿ"( #ÿ ( V ' &#ÿ7^U ) &Wÿ &)ÿY ÿ & ÿÿ_Y` aÿ]Wÿ) ( )ÿ &ÿ577ÿ[ ÿ76ÿ\ U' &ÿ_Y`9ÿfcaÿ &ÿ U #ÿ T # &ÿ &)U & ÿ" ) '6ÿ ÿ S TTg ÿ ÿ &' &# ÿ &V(U) ÿ# ÿ9 (ÿ7# S ÿ &)ÿ ÿ T ÿY &# Wÿ \ h 59ÿ# & & ÿ TT V iÿ9 (ÿh && (ÿY '' &)Wÿ ÿ ( V ' &#ÿ TT V ÿT ÿ# \ 'V #ÿ &)ÿ7U ÿ[ & #ÿV ''U& # iÿX &#ÿ7# TTWÿ ÿ &ÿ V# &ÿ TT V ÿ &ÿ# ÿ # & ÿ V# # Wÿ U# ÿ V# # ÿT &# # 'ÿ &)ÿ[ ' ( &)ÿ T & ÿ_X ]-aiÿV Tÿ Tÿ& (ÿ # & ÿ # TTÿ ÿ ÿ% T ÿ V (ÿ ' ÿ ^U ' &# TT V ÿ_933aiÿ ÿ* ##( ÿ) V# ÿ #ÿ# ÿY '* & )ÿ ÿ &)ÿ7 V ÿ # & ÿY &# ÿ (ÿ5) )ÿ ÿ Wÿj # iÿ5676ÿ9 ( " V ÿY &# (ÿY '' &)ÿ &ÿ &ÿ ÿV Tÿ Tÿ # TTÿ &)ÿ' # ' ÿ # & ÿV &# ÿ) V# Wÿ &)ÿ ÿ k VU# ÿ # &#ÿ# # ÿV Tÿ Tÿ& (ÿ # & 6ÿ ÿ [ ÿ % ) ÿ &V(U) ÿ# ÿ &ÿ Tÿ #Wÿ# ÿX &#ÿ # U ÿ7 V ÿ ) (Wÿ# ÿ # U ÿ7 V ÿ ) (Wÿ# ÿ9 & Y ÿY '' &) # &ÿ ) (Wÿ# ÿ9 & ÿY ÿ V ' &#ÿ ) (ÿ &)ÿ U ÿU& #ÿ &)ÿ V ÿ % ) 6 ÿ mnopqrosÿuÿvpwÿxyz{ ## $22%%%6& 6' (2& ) # 2* 2* 6 +* ,3-1 Enclosure GG Page 5 of 7 020 Page 1 of 1 UNITED STATES NAVY JUDGE ADVOCATE GENERAL'S CORPS CAPT Shannon H. Kopplin , JAGC, USN Captain Shannon Kopplin assumed command of Naval Justice School on 30 June 2015. A San Francisco Bay Area native, she received her undergraduate degree from the University of California, Davis. She earned her Juris Doctorate and certificate in international environmental law from Santa Clara University School of Law and her master of laws in International and Comparative law (with distinction) from Georgetown University School of Law. She is licensed to practice by the Supreme Court of the State of California, the Northern District Court of California, and the Western District Court of Washington Her ashore and headquarters assignments include Defense and Trial Counsel, Naval Legal Service Office Northwest Detachment Whidbey Island; Senior Trial Counsel, Trial Service Office West, San Diego, California; International and Operational Law Attorney in the Office of the Judge Advocate General (Code 10); and Executive Assistant to the Deputy Judge Advocate General/Commander, Naval Legal Service Command. Her afloat and staff tours include Staff Judge Advocate, Fleet Activities Okinawa, Japan; Staff Judge Advocate, Fleet Air Mediterranean, Naples, Italy; Deputy Legal Advisor, Office of the Deputy Chief of Naval Operations (Information, Plans and Strategy); Battle Force Judge Advocate, Carrier Strike Group Five/Battle Force U.S. Seventh Fleet embarked in USS George Washington (CVN 73), Yokosuka, Japan; Fleet Judge Advocate, U.S. Third Fleet, San Diego, California; Force/Fleet Judge Advocate, U.S. Naval Forces Central Command/U.S. Fifth Fleet; and Force Judge Advocate, U.S. Naval Forces Europe/U.S. Naval Forces Africa/U.S. Sixth Fleet. Her awards include the Legion of Merit (three awards), Meritorious Service Medal (three awards), Navy-Marine Corps Commendation Medal (six awards) and the Navy-Marine Corps Achievement Medal (three awards). Enclosure GG Page 6 of 7 https://enterprise2.jag.navy.mil/Controls_AllUsers/ViewBiography.aspx?Personnelkey=2... 10/18/2018 https://www.linkedin.com/in/shannon-kopplin-b069845/ Enclosure GG Page 7 of 7 -----Original Message----From: Sears, Christina H LT CHINFO, OI-3 Sent: Tuesday, May 08, 2018 5:10 PM Subject: FOR RELEASE: Fitzgerald Officer pleads guilty at Special Court-Martial Update to Hearings for USS Fitzgerald Collision Release Date: 5/8/18 On May 8, 2018, the Navy arraigned and accepted a plea from Lt. j.g. Sarah Coppock, a junior officer from USS Fitzgerald (DDG 62), during a special court-martial aboard the Washington Navy Yard. The accused pled guilty to a violation of Uniform Code of Military Justice, Article 92 (Dereliction of Duty). By pleading guilty today, Lt. j.g. Coppock has accepted responsibility for the role she played in the USS Fitzgerald collision. In addition to the court-martial conviction, Lt. j.g. Coppock was sentenced to forfeitures of one half-month's pay for three months and punitive letter. The pretrial agreement contained a waiver by the accused to waive her right to an administrative discharge board. Our Sailors personify honor, courage, and commitment. The Navy will not accept complacency, negligence, or other behaviors contrary to its core values. The Navy has taken and continues to take fair and decisive action after the catastrophic loss of seven shipmates. It also is taking corrective measures to prevent a tragedy like this from occurring again. V/r, LT Christina Helenaleka Sears, USN News Desk Officer Navy Office of Information (CHINFO) 1200 Navy Pentagon, Room 4B463 Washington DC, 20350-1200 Office: (703) 697-5342 Christina.h.sears@navy.mil Christina.h.sears1@navy.smil.mil Christina.h.sears@gmail.com Enclosure HH