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DustyNuts
Jun 1, 2000

Have you seen me?

The Fitz and McCain CO's have been brought up on homicide charges:

http://www.cnn.com/2018/01/16/politics/ex-navy-commanders-criminal-charges-collisions/index.html

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orange juche
Mar 14, 2012




Can't wait for Two Scoops to weigh in on the trials, because he is clinically incapable of keeping his yap shut, causing a mistrial by dint of undue influence from the commander-in-chief.

ManMythLegend
Aug 18, 2003

I don't believe in anything, I'm just here for the violence.

Holy poo poo.

Serjeant Buzfuz
Dec 5, 2009


Good.

Elendil004
Mar 22, 2003

The prognosis
is not good.


Sounds like members of the bridge crew are getting charged too.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
Can't really say I'm a fan of criminalizing what should amount to a (gigantic) professional mistake.

That being said if there was negligence, gently caress them.

Othin
Nov 20, 2002

Hair Elf
I think there are good Chiefs and notionally understand that there could be good chiefs messes but to me the biggest issue that culture brings is that it robs the Navy of the tech expertise the other branches have.

I have only dealt with IS and CT types but it seems like having a technically proficient e7 or e8 is the exception rather than the rule. It really sucks for the IS’s because they usually shunt back and forth between NECs because billeting is broken so by the time they show up to their Imagery coded billet as a chief they haven’t actually touched an ELT since they were an e4 right out of “C” school.

Then you also have to take into account all of the e6s who slide off the watchbills so they can take on 50 collaterals to look good for board. That then forces a few e5s to eat the technical supervisor roles the e6s bailed on. You end up leaving an increasingly smaller window for sailors to actually do what we trained them for.

Some of the technical proficiency should come from our warrant community but that is uhhh uneven at best.

The Valley Stared
Nov 4, 2009

While this wasn't unexpected, it still hurts in a lot of ways. I talked to one of the other officers from the ship (not one being charged) and both of us are just trying to process this more then anything.

Admiral Rowden getting the boot shocked me more than anything. He wants to fix the problems with the surface fleet, and after already deciding to retire early, the Navy even took that from him. I doubt that anything good will actually come of what happened to us now.

But hey! According to Admiral Davidson, we just need to learn how to work better when we're fatigued, right? That will fix all of our problems.

Wingnut Ninja
Jan 11, 2003

Mostly Harmless

The Valley Stared posted:

But hey! According to Admiral Davidson, we just need to learn how to work better when we're fatigued, right? That will fix all of our problems.

And if junior officers could just get off their asses and innovate, we wouldn't be in this mess in the first place.

No, not like that.

Not that either.

Look, just... generate solutions, okay? Do I have to spell it out for you?

I forget where exactly I heard that in the last six months, but it was definitely one of the lines that stuck with me.

On a more serious note, that goes completely counter to the notion of "maybe aviation has some ideas that we could learn from" that has been batted around by various admirals.

For example: every four years, every aviator has to get refresher training on aviation physiology and survival procedures. Now, while a SWO doesn't necessarily need to know how to execute a parachute landing or the warning signs of hypoxia, the training has a lot of good information on all kinds of physiological hazards. Not just fatigue, but things like optical illusions, nutrition, and complacency. I have to imagine a lot of that would apply just as equally to driving a ship. The data's all there, it just needs leaders willing to accept reality.

LtCol J. Krusinski
May 7, 2013
Probation
Can't post for 9 hours!

The Valley Stared posted:

While this wasn't unexpected, it still hurts in a lot of ways. I talked to one of the other officers from the ship (not one being charged) and both of us are just trying to process this more then anything.

Admiral Rowden getting the boot shocked me more than anything. He wants to fix the problems with the surface fleet, and after already deciding to retire early, the Navy even took that from him. I doubt that anything good will actually come of what happened to us now.

But hey! According to Admiral Davidson, we just need to learn how to work better when we're fatigued, right? That will fix all of our problems.

How was this not unexpected? Was there talk of charges during the investigation or something? I’m really rather surprised that you weren’t surprised by this.

What’s your opinion on the charges, out of curiosity?

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



McCain skipper is culpable 100% for his hubris. Fitz skip hosed up in that he didn’t do a good enough job training his people. He’s in the wrong but more so in a “the buck stops here” kindof wrong.

I wouldn’t be surprised at all if the fitz skipper walks but JSM’s captain is hosed.

The Valley Stared
Nov 4, 2009

LtCol J. Krusinski posted:

How was this not unexpected? Was there talk of charges during the investigation or something? I’m really rather surprised that you weren’t surprised by this.

What’s your opinion on the charges, out of curiosity?

For the JOs, it's the roles they played during the collision. I feel incredibly bad for one of them and feel that they were completely hosed over. For the other two, I feel that the charges are valid. Again, I can't go more into detail as that would reveal more about these individuals, and that wouldn't be good.

As for the CO, Mr. Nice! is correct. As much as I didn't want to see this happen to him given what he went through, we knew that it was a possibility because he's the CO. The Navy gives these COs a huge amount of responsibility, takes away much of the agency that COs once had, doesn't give them the resources they need, and then tells them to go do a mission that they might not be ready for.

Admiral Rowden was all about getting a pipeline ready for new SWOs that was closer to the Aviation one. (He said he didn't want to use that phrase, but that it was the only one he could think of.) I know that in Newport they were testing it out in baby steps, and hopefully it will continue.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Feel solace in this, TVS. Just because they’re charged doesn’t mean they’ll be convicted.

Anita Dickinme
Jan 24, 2013


Grimey Drawer
I don’t understand how the COis responsible for training. Maybe it’s because i’ve never been aboard a small boy but if a PQS comes his way that everyone else in a sailor’s CoC has signed off on, why would he have a reason to not sign it? Also why are the admirals who were no where near the ships being punished? I don’t understand big navy at all.

Godholio
Aug 28, 2002

Does a bear split in the woods near Zheleznogorsk?

Anita Dickinme posted:

I don’t understand how the COis responsible for training. Maybe it’s because i’ve never been aboard a small boy but if a PQS comes his way that everyone else in a sailor’s CoC has signed off on, why would he have a reason to not sign it? Also why are the admirals who were no where near the ships being punished? I don’t understand big navy at all.

The answer is pretty much the same for both questions. They set the standard. The reason for "why would he have a reason to not sign it?" is basically THIS situation. Because HE is ultimately responsible to ensure proper training, that's why his signature is required in the first place. The actual duties may be delegated, but the responsibility is not. If he's willing to sign it, it means that he has determined that sufficient training has taken place. Whether he actually saw it or not is irrelevant; he's saying it happened and that it was good enough.

Going higher up the chain of command, the answer is basically the same. Leadership owns the success or failure because they determine what is acceptable. In this case, trends were accepted that led to the negligent and perfectly preventable deaths of 17 sailors.

Edit: Bolded for something a lot of people don't really realize.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Anita Dickinme posted:

I don’t understand how the COis responsible for training. Maybe it’s because i’ve never been aboard a small boy but if a PQS comes his way that everyone else in a sailor’s CoC has signed off on, why would he have a reason to not sign it? Also why are the admirals who were no where near the ships being punished? I don’t understand big navy at all.

OOD underway is a monstrous qualification that ends with a board chaired by the skipper himself before he signs off on it. Same for most other major qualifications. The captain isn’t just bottom lining. He’a actually sat down with this person and personally given them the go ahead.

Ships at sea are effectively autonomous little fiefdoms where the captain wields extraordinary power but is also 100% accountable for anything that happens.

Admirals are being punished because captains in the 7th fleet have been saying for 10+ years that they were undermanned and overtasked and it was inevitable that catastrophe would occur.

Proud Christian Mom
Dec 20, 2006
READING COMPREHENSION IS HARD
you can tell how hosed we really are because rather than higher ups being punished as the norm, we're now honestly surprised by it

lightpole
Jun 4, 2004
I think that MBAs are useful, in case you are looking for an answer to the question of "Is lightpole a total fucking idiot".

Anita Dickinme posted:

I don’t understand how the COis responsible for training. Maybe it’s because i’ve never been aboard a small boy but if a PQS comes his way that everyone else in a sailor’s CoC has signed off on, why would he have a reason to not sign it? Also why are the admirals who were no where near the ships being punished? I don’t understand big navy at all.

This is more organizational behavior than just strictly big navy. When developing organizational structure you need clear lines of authority and responsibility. You can wholly delegate authority, give people below the ability to make decisions without needing to ask, but by doing so you retain responsibility for making that decision. You can never wholly absolve yourself of responsibility by passing it down, only up.

Each manager/officer/whatever creates a culture in the people around and below them. It's easy to say "That guy's a dick he makes us do everything by the book and won't let us cut these corners even though they are nonsense" when if you aren't retaining that responsibility, when you don't sit in that chair. Setting or not setting certain expectations and standards for how things are done, how much freedom people have etc is all part of this. It's also the responsibility of those with authority to provide an environment in which people can do their jobs safely. If command does not provide training, personnel, equipment or whatever and people die because of it, they are responsible.

That's a really rough call though. Navy wants to make an example of someone it by treating the symptoms with a sledgehammer and probably missing out on bigger picture lessons but I really have no idea how I would start looking at this. I'm really glad it's not me making the decisions.

On ships, the captain is responsible for everything as he is the one person that noone can countermand. On a merchant ship, he signs a log saying all my sludge transfers were wonderful, we didn't put any oil over the side and disposed of it properly even though he has probably never even looked at the system and has no idea what I did.

lightpole fucked around with this message at 17:55 on Jan 17, 2018

Boon
Jun 21, 2005

by R. Guyovich

Mr. Nice! posted:

OOD underway is a monstrous qualification that ends with a board chaired by the skipper himself before he signs off on it. Same for most other major qualifications. The captain isn’t just bottom lining. He’a actually sat down with this person and personally given them the go ahead.

In my case, after all of my PQS had been signed but before my board, I had to do a walkthrough of the ship with each Department Head and would be quizzed about various elements in their spaces (I got loving destroyed by our OPS in CIC - goddamn ASTAC and LINK equipment). Once that was done, the CO took me on a 3.5-hour walkthrough of the entire ship (CG) that got into some reaaaaaaal granular detail in some real obscure places. Once he was satisfied, I could schedule a board.

Boon fucked around with this message at 18:17 on Jan 17, 2018

PookBear
Nov 1, 2008

Proud Christian Mom posted:

you can tell how hosed we really are because rather than higher ups being punished as the norm, we're now honestly surprised by it

the navy is the only branch that will go after officers that gently caress up. the army would shuffle them into a desk job and never say another word of it.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



I’m sure most of us SWOs went through a similar kind of ringer for swo and ood just because of how much the captain puts on the line by signing their name on the bottom.

Serious quals - OOD UW, EOOW, TAO, etc on each ship are matters that usually require the current captain’s signature (meaning some sort of requal even if it is just a brief sitdown). That’s what we mean the captain is responsible for training. Besides the standard buck stops here responsibility, the watchstations that have actual CO delegation are directly bottomlined by him.

Evil SpongeBob
Dec 1, 2005

Not the other one, couldn't stand the other one. Nope nope nope. Here, enjoy this bird.
I got my OOD/SWO quals in under a year with several months of it in drydock. Why so fast? My dumbass XO forgot that I arrived after deployment and scheduled my boards along with everyone who did deploy. I didn't say a word and passed.

Godholio
Aug 28, 2002

Does a bear split in the woods near Zheleznogorsk?

45 ACP CURES NAZIS posted:

the navy is the only branch that will go after officers that gently caress up. the army would shuffle them into a desk job and never say another word of it.

The AF would promote them. As long as the wing passes its ORI, of course.

ded
Oct 27, 2005

Kooler than Jesus

Evil SpongeBob posted:

I got my OOD/SWO quals in under a year with several months of it in drydock. Why so fast? My dumbass XO forgot that I arrived after deployment and scheduled my boards along with everyone who did deploy. I didn't say a word and passed.

A true SWO.

piL
Sep 20, 2007
(__|\\\\)
Taco Defender
Alison Krauss's board advice still rings true: you say it best when you say nothing at all.

Also wasn't one of the COs at the wheel for less than a month? I think if it's Fitz, that'll be a tough conviction.

ManMythLegend
Aug 18, 2003

I don't believe in anything, I'm just here for the violence.

piL posted:

Also wasn't one of the COs at the wheel for less than a month? I think if it's Fitz, that'll be a tough conviction.

Yeah, it was FITZ. I went to his change of command. He was only in the seat for a few weeks but he also had a full ride as XO too.

Dr. Fraiser Chain
May 18, 2004

Redlining my shit posting machine


Man the navy is weird. CO for a month, asleep in the bunk, get negligent homicide charges, take responsibility for systemic naval staffing and mission problems. I'm gonna guess its hard to get volunteers to captain a ship?

Stultus Maximus
Dec 21, 2009

USPOL May

Goodpancakes posted:

Man the navy is weird. CO for a month, asleep in the bunk, get negligent homicide charges, take responsibility for systemic naval staffing and mission problems. I'm gonna guess its hard to get volunteers to captain a ship?

Nah, there is literally nothing else a career SWO can hope for.

ded
Oct 27, 2005

Kooler than Jesus
They line up and stab others in the back as often as possible for the opportunity to drive a ship.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Nah they have to give people $125k and a free masters to even do the rung below command.

shovelbum
Oct 21, 2010

Fun Shoe

Mr. Nice! posted:

Nah they have to give people $125k and a free masters to even do the rung below command.

Can you get a good master's out of it?

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



shovelbum posted:

Can you get a good master's out of it?

You can get basically anything you want. The only people that tend to stick around always get MBAs or foreign policy type masters from NPS, but generally speaking you aren’t limited.

Hekk
Oct 12, 2012

'smeper fi

7th Fleet SWO on vacation...
https://gfycat.com/VapidBruisedBarbet

piL
Sep 20, 2007
(__|\\\\)
Taco Defender

ManMythLegend posted:

Yeah, it was FITZ. I went to his change of command. He was only in the seat for a few weeks but he also had a full ride as XO too.

I suppose he had a hand in training then.

Re: Why the hell be a CO-I'm fairly certain the Navy pays you less for being a Commanding Officer than for knowing Russian.

McNally
Sep 13, 2007

Ask me about Proposition 305


Do you like muskets?

piL posted:

I suppose he had a hand in training then.

Re: Why the hell be a CO-I'm fairly certain the Navy pays you less for being a Commanding Officer than for knowing Russian.

What if you're a CO who knows Russian?

Nick Soapdish
Apr 27, 2008


Hot off the digital presses of Proceedings Today (https://www.usni.org/magazines/proceedings/2018-01/negligent-homicides-bridge-too-far)

My tl;dr version: Too many people to blame beside the COs so, just let everyone retire

quote:

Negligent Homicides: A Bridge Too Far
By Captain Kevin S. Eyer, U.S. Navy (Retired)

In October 2017, Vice Chief of Naval Operations Admiral Bill Moran appointed Director of Naval Reactors Admiral James F. Caldwell as the consolidated disposition authority (CDA) for administrative and disciplinary actions related to the collisions of the USS Fitzgerald (DDG- 62) and USS John S. McCain (DDG-56). Many thought this assignment peculiar in view of the fact that everyone from the ships’ commanding officers (COs) to the destroyer squadron commander to the strike force commander to the Seventh Fleet commander to Commander, Pacific Fleet, to the head of surface warfare already had been fired or forced to figuratively drink hemlock in the sense that their early retirements were indicated. Upon consideration, however, it suggested some of these officers might also be court-martialed and perhaps receive more severe punishments.

Earlier this week, it was reported that the COs of both the Fitzgerald and John S. McCain are expected to face charges, including negligent homicide. According to the Navy, “After careful deliberation, today ADM Frank Caldwell announced that Uniform Code of Military Justice charges are being preferred against individual service members in relation to the collisions.”

The Manual for Courts-Martial United States specifies that negligent homicide is any unlawful homicide which is the result of “simple negligence.” Simple negligence is the absence of due care—an act or omission of a person who is under a duty to use due care yet exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances. An intent to kill or injure is not required. The maximum punishment includes dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years. 1

On 9 February 2001, the USS Greenville (SSN-772) collided, while performing an emergency ballast-blow surfacing maneuver, with the Japanese-fishery, high-school training ship Ehime Maru , near Oahu, Hawaii. Nine Japanese citizens were killed. Admiral Thomas Fargo, Commander in Chief, U.S. Pacific Fleet, said : “While it’s not yet clear how the accident occurred, it is both tragic and regrettable. I want to express my apologies to those involved in the incident, their families and the government of Japan.” 2 In the aftermath, the court of inquiry found that the accident was caused by a series and combination of individual negligence(s) on board the Greeneville : “artificial urgency by [the Commanding Officer] to rush the submarine through its demonstration schedule as it began to run late; failure to follow standard procedures; an abbreviated periscope search; distractions and obstruction caused by the presence of civilian guests; crew training deficiencies; overconfidence and complacency; and [the Commanding Officer] not paying enough attention to ship contact information.” 3 Still, the court recommended against court-martials for the officers involved because there was an absence of any “criminal intent or deliberate misconduct.” 4 The issue of negligent homicide evidently was not in play.

On 8 January 2005, the USS San Francisco (SSN-711) struck an undersea mountain approximately 360 miles southeast of Guam. One sailor lost his life. The results of the investigation revealed that the command had “failed to develop and execute a safe voyage plan.” The findings of fact showed that the San Francisco , while transiting at flank speed and submerged to 525 feet, hit a seamount that did not appear on the chart being used for navigation. Other charts on board the San Francisco clearly displayed a navigation hazard in the vicinity of the grounding. In sum, “San Francisco’s navigation team failed to review those charts adequately and transfer pertinent data to the chart being used for navigation, as relevant directives and the ship’s own procedures required.” 5 The submarine’s CO was relieved and issued a letter of reprimand. This officer was neither courts-martialed nor charged with negligent homicide.

The Navy never has charged a ship’s CO with negligent homicide. In fact, “negligent homicide” did not exist in the Uniform Code of Military Justice until 1958. Further, the charge itself does not and has never existed in common law (public law). In truth, negligent homicide is complex, esoteric, arcane, and difficult to prove. 6 After all, there are few who are genuinely equipped to determine whether those captains “exhibit(ed) a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances.” Negligent homicide is a bridge which the Navy has been rightly loathe to cross.

With regard to even considering courts-martial charges of any sort for the two destroyers’ COs, one must ask as was asked in the case of Greenville , was there “criminal intent or deliberate misconduct?” To this observer, I say no. In the case of the Fitzgerald , in the hours preceding the collision, the CO was not called in 13 of the 14 close passages with other ships, even though his standing orders specified that he must be. In the case of John S. McCain , no one on board the ship was sufficiently familiar with the newly installed helm control console. Even if a “master helmsman” had been on watch at the time of collision, there is no reason to expect that he would have been any more familiar with the new system than the remainder of the crew, since the Navy had cut the funding to train the ship’s sailors in the new system, prior to installation. I see no criminal intent or misconduct.

Today, there is a churn in the Navy-connected media as people ask if Vice Admiral Thomas Rowden, Commander, Naval Surface Forces/Naval Surface Forces Pacific, is serving as the scape goat by being forced into early retirement. There are those who point out that “he was put in the situation of having to salute and carry on, because Navy HQ either agreed to continue deploying ships or were told by the Office of the Secretary of Defense to do so.” 6 Conversely, there are those who would place total responsibility entirely on the ships’ commanding officers shoulders. On the one hand, COs, by tradition, are held to absolute responsibility, and no one is suggesting that the captains of the Fitzgerald and John S. McCain should be given passes. On the other hand, it must be understood that COs only can play the hand dealt to them by their seniors, including Vice Admiral Rowden, who ultimately was responsible for the manning, training, and equipping of the surface forces. There is much guilt to go around, and it may be distributed widely across a generation of officers, but to cause a couple of COs to eat sin for all is a wrong-headed embarrassment and a subversion of responsibility.

It is difficult to rise to command. The path is long, and many fine officers are left by the roadside. The Navy picks the best officers it has to be COs, and builds the best we can make. Be assured these officers take their responsibilities with the utmost seriousness. More important, in an era in which commanding officers regularly are fired for reasons ranging from appropriate to ridiculous, they still assume command when given the opportunity. To charge these captains with negligent homicide must be understood to be a crossing of the Rubicon from which there can be no return. Not only will it open wide a door which will invite ever Americans to advocate for similar charges against any commanding officer found in their estimation to be wanting, but it may have a severely chilling effect on the willingness of officers to pursue command. If you are a young officer and perceive that not only can a captain be fired for a misspoken word, but that he or she can be courts-martialed and possibly imprisoned by fiat or the desire of Navy leadership to make a demonstration of “action” to the public, why would you aspire to that sort of risk?

If you are a CO or a prospective commanding officer or a former CO, ask not for whom the bell tolls if this is the new face of the Navy.

1. Manual for Courts-Martial United States , 2012 ed., article 134: Homicide, Negligent.

2. “U.S. Captain Suspended after His Sub Sinks Fishing Vessel,” The Telegraph , 12 February 2001.

3. U.S. Navy, Report of Proceedings, 4, 17, 21–22, 69–80, 92–97, 102–12.

4. Ibid., 69–80, 92–97, 116–19.

5. “USS San Francisco Investigation Completed,” story number NNS050509-14, release date 9 May 2005, 3-11-00 PM.

6. Jo H. Munster, “Negligent Homicide in Military Law,” California Law Review 46, no. 5 (December 1958).

7. Sydney J. Freedberg Jr., “Vice ADM Rowden: Scapegoat?” Breaking Defense (16 January 2018).

Captain Eyer served in seven cruisers, commanding three Aegis cruisers: USS Thomas S. Gates (CG-51), Shiloh (CG-67), and Chancellorsville (CG-62).

ManMythLegend
Aug 18, 2003

I don't believe in anything, I'm just here for the violence.
I'm too tipsy to really want to put in the effort of writing an effort post about the whole mess but what I will say is that the Navy in general, and surface community specifically, are reaping what was sown decades ago when operational command and man, train and equip decisions were separated.

Geizkragen
Dec 29, 2006

Get that booze monkey off my back!

ManMythLegend posted:

I'm too tipsy to really want to put in the effort of writing an effort post about the whole mess but what I will say is that the Navy in general, and surface community specifically, are reaping what was sown decades ago when operational command and man, train and equip decisions were separated.

Couple drinks in too. Concur.

Cerekk
Sep 24, 2004

Oh my god, JC!
I dunno how I feel about criminally charging officers for something short of deliberate misconduct, but if the standard of proof is that a "reasonably careful person" would have acted differently, I'm pretty sure I could go ask any random ET3 if he thought we should station the maneuvering watch for transiting the SOM and/or possibly look out the starboard side of the bridge occasionally and that 19 year old would probably make better decisions than those officers did.

I will also say that OODs ignoring COSOs isn't exactly exculpatory w/r/t the CO's responsibility for the collision. "I didn't know that we were going to be close to other ships (in some of the busiest shipping waters in the world) because the officers that I train and certify like to ignore my orders. My bad."

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Proust Malone
Apr 4, 2008

I wonder also if perhaps there was a nadir of talent going in during the 90s and now those people are the COs. I base that solely on the basis that they let me through.

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