CHARGE SHEET l. PERSONAL DATA 1. NAME OF ACCUSED (Last. rm. Middle may 2. SSN 3. GRADE OR RANK 4. PAY GRADE BENSON, BRYCE A. CDR 05 5. UNIT OR ORGANIZATION 6. CURRENT SERVICE NAVAL DISTRICT WASHINGTON 22 May 99 INDEFINITE T. PAY PER MONTH a. NATURE OF RESTRAINT OF 9. IMPOSED a. BASIC b. SENFOREIGN DUTY c. TOTAL ACCUSED 8.77l.00 0.00 8,771.00 II. CHARGES AND SPECIFICATIONS 10. VIOLATION OF THE UCMJ. ARTICLE 92 SPECIFICATION: - If Iereliction in the perfonnance of duties through neglect resulting in death): In that Commander Bryce A. Benson. U. S. Navy. NM I ,Washington,D District of Columbia. on active duty. II knew and should have known ofhis duties as Commanding Of?cer \thle7a7. p; 1' I LDG 62). at sea and at or near Yokosuka. Japan on or about l6 June 20 17. II as derelict In the performance or 111058 d?led to ensure csafe iation of he .fa'd vessel. as it was his duty to do so as Commanding of??cc?r??i? --. con?? git-?3? ?(Inna apprh'l/? 53% watchbill; revise 5?!?de orders to account for 1? . cquipm I II. - . eli-?? in of du resulted In the death oI'Guaner' Mate Seaman D. K. U. Navy; Yeoman Third Class Petty Officer 5. A. D. U. S. Na flar- on -. . 43 .- lass Petty Of?cer C. V. U. 8 Navy, Personnel Specialist First Class Petty Of?cer X. A. M. U. 5. Navy. Sonar Tech cian - - '1 CTN- U- 5 Gunner 5 Male Second Class Petty Of?cerN. IL. U. S. Navy. and Fire Controlman First Class Petty I re If .asrgw' . my I in . gou- nee - . ties through neglect): In that Commander BnceA. Benson. U. 5. Navy, Naval District Washinfnew; II should have knoun of l'lIS duties as Commanding Officer while aboard USS FITZGERALI I I torn gum-fl . re I wet . aboutlune 20?. was derelict In the performance of those duties In that he negligently faile- to my wig-m --95 .-.. d. I his duty to do so as Commanding Officer and Executive Of?cer to not foster a climate ofcom Iacenc toZ577 SEE CONTINUATION SHEE PREFERRAL 11a. NAME OF ACCUSER (Last. First. Mddie Initial) D. GRADE ORGANIZATION OF ACCUSER GUTIERREZ, GIANNINA E-7 NAVAL LEGAL SERVICE COMMAND d. OF ACCUSER f? e. DATE W) 201801 15 AFFIDAVIT: Before me, the undersigned. authorized by law to administer oath in cases of this character. personally appeared the above named accuser this 15 day of JANUARY 2018 and signed the foregoing charges and speci?cations under oath that helshe is a person subject to the Uniform Code of Military Justice and that heishe either haspersonal knowledge of or has investigated the matters set forth therein and that the same are true to the best of hislher knowledge and belief. MICHAEL LUKEN CONSOLIDATED DISPOSITION AUTHORITY Typed Name of Of?cer Organization of Of?cer JUDGE ADVOCATE Grade Of?cial Capacity to Administer Oath (See R. C. M. must be commissioned of?cer) WM Sigrla turo DD FORM 458. MAW PREVIOUS EDITION l5 OBSOLETE. Adob- 7-0 DD FORM 458 CONTINUATION SHEET CDR BRYCE A. BENSON, USN Charge 11 Violation of the UCMJ, Article 1 10 13' :1 Improper hazarding of vessel? negligence): In that Commander Bryce A. B-?s?jr nip?: .1, 1 District Washington, Washington, District of Columbia, on active duty, on or at 1 A 1T1hiserv1ng in command of USS FITZGERALD (DDG 62), operating near Sagami 1 a; r. .- Fla i- _ently hazard the said vessel by failing and negleet-ia-gto ensure the safe navigatio 5m . o- measures, as a result ofwhich neglect the said uss FITZ - . L13?(b 1 11,111-, .- .. 4.1 1530 hours on the day aforesaid, collided with ACX with resultant 11)" 2 of vessel negligence): In that Commander BryceA. Bensonhington, Washington, D1str1ct of Columbia on active . . . -- - .. e1 ?Wailing and neglecting to inspect the conduct of members under his command resulting result of which neglect the said USS FITZGERALD (DDG 62), at or about 0130 hours 0 - - - 17 June 2017, collided with ACX with resultant damage to both vessels 3! - - ncation (Homicide, negligent): In that Commander Bryce A. Benson, U. S. Navy, Naval District ?1 Washington, District of Columbia, on active duty, did, on board USS FITZGERA I II 1 ,on or about 17 June 2017, unlawfully cause the death of Gunner?s Mate Seaman I. 1 Navy; Yeoman Third Class Petty Of?cer S.A.D., U.S. Navy, Fire Controlman Seco 1' a: 5 Petty Of?cer C.V.S, U.S. Navy, Personnel Specialist First Class Petty Of?cer X.A.M., U.S. Nav - - af?echnician Surface Third Class Petty Of?cer N.T.H., U.S. Navy, Gunner?s Mate Second Class - (Lg U.S. Navy, and Fire Controlman First Class Petty Of?cer G.L.R., U.S. Nav 4-1 Kat he negligently failed to ensure the safe navigation of the said ship in high traf?c conditions, .. -f which the said USS FITZGERALD collided with ACX and that said conduct 1134 1 the prejudice of good order and discipline in the armed forces and was of a nature to bring discre- . - 1 the armed forces. 12. On l6 January 20l8 . the accused was informed of the charges agalnst himlher and of the name(s) of the accuser(s) known to me {See R.C.M. 30861? (See R.C.M. 308 ii notification cannot be made 1 MICHAEL J. LUKEN CONSOLIDATED DISPOSITION AUTHORITY Typed Name or immediate Commander Organization or Mr [9,44 Misdia? CAPT, JAGC USN l? na IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY 13. The sworn charges were received at I 74rhours, l7 JANUARY . 2018 at OFFICE OF NAVAL DeSignarron oi" Command or REACTORS. WASHINGTON NAVY YARD, DC Officer Exercising Summary Court-Martini Junsdicrron [Sec M. 403} J. F. CALDWELL, JR. CONSOLIDATED DISPOSITION AUTHORITY Typed Name 0! Of?cer Officrai Capacity at Oirrcer Signing ADMIRAL ado I Signature V. REFERRAL: SERVICE OF CHARGES 14a. DESIGNATION OF comment) AUTHORITY b. rum: c. on: mummy Commander Military Personnel Detachment Of?ce of Naval - . . Reactors, Department of Energy aw ard 2013061? Referred for trial to the General court-martial convened by General Court~Mar1ial Order [-18 13 lune . 2018 . subject to the following instructions: 2 NONE By of Command or Order I. F. CALDWELL. IR. COMMANDER Typed Name of Of?cer O?iciai Capacity of Of?cer Signing ADMIRAL A Grade Signer 150 On 01 8 . I aused to I: served a copy hereof on (each of) the above named accused. SHOULTN LCDR. JAGC. USN Typed Nam a! Trial 1' Grade or Rank of Tnai Counsai Km 5 I Signature FOOTNOTES: 1 - Mien an appropriate commander Signs personally inapplicable words are stricken. 2 - See R. GM. 601(2) concenuhg instructions. If none. so state. 55 FORM 458 IEAEK), MAY 2000