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Advocacy group takes on latest case – Army staff sergeant convicted in Afghan massacre

WASHINGTON, D.C. – While celebrating recent pardons of military service members either convicted of or charged with war crimes, the nonprofit military justice advocacy group United American Patriots announced that the next individual they’ll support – Army Staff Sgt. Robert Bales. Bales is currently serving a life sentence without parole in the military prison at…

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Advocacy group takes on latest case – Army staff sergeant convicted in Afghan massacre

WASHINGTON, D.C. – While celebrating recent pardons of military service members either convicted of or charged with war crimes, the nonprofit military justice advocacy group United American Patriots announced that the next individual they’ll support – Army Staff Sgt. Robert Bales.

Bales is currently serving a life sentence without parole in the military prison at Fort Leavenworth, Kansas after he pleaded guilty to killing 16 Afghans, while on deployment in the Panjwai district, Kandahar province, Afghanistan on March 11, 2012. The act has been called one of the worst atrocities of the war.

On that night, Bales left his forward operating base alone and killed four Afghans, including a 3-year-old girl, he told a reporter in 2015. He returned to his FOB for more ammunition and left again to kill 12 more people in another nearby village. The victims were men, women and mostly children.

But both UAP CEO David Gurfein and Bales’ attorney, John N. Maher, told Army Times that though the incident was horrific, they are involved in the case because they believe that Bales was denied his constitutional rights.

Gurfein and UAP have argued that larger elements of military justice are preventing troops from getting a fair trial.

“What we see time and again at United American Patriots, is the that presumption of innocence gets thrown out. We see unlawful command influence. We see prosecutorial misconduct. We see the investigators abusing their positions.”

The Wednesday night event held at the Rayburn House Office Building on Capitol Hill, was held to thank members of the Congressional “Justice for Warriors” caucus and members of the UAP group who had recently supported cases such as those of Army 1st Lt. Clint Lorance, Maj. Matt Golsteyn, Sgt. Derrick Miller and U.S. Navy SEAL Eddie Gallagher.

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Maher represents Lorance and Bales.

“I don’t know if Staff Sgt. Bales is guilty or not,” Maher said. “But was I can say is whether or not Bob Bales had a constitutional trial.”

FILE – In this Aug. 23, 2011 image provided by the Defense Video & Imagery Distribution System (DVIDS), Staff Sgt. Robert Bales, left, 1st platoon sergeant, Blackhorse Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division participates in an exercise at the National Training Center at Fort Irwin, Calif. A U.S. military investigation into Bales shooting rampage in Afghanistan concludes that there were advance warnings that he was capable of unwarranted violence, but not that he would commit a large-scale atrocity like the slaughtering of 16 Afghan civilians, including seven children. (DVIDS/Spc. Ryan Hallock via AP, File)

Maher filed a civil lawsuit challenging actions taken by military prosecutors and a judge in federal court in June. Federal prosecutors have denied his assertions and his response is due in January.

Lorance, Golsteyn and Gallagher recently received clemency from President Donald Trump. Lorance had been serving a 20-year sentence on second-degree murder charges for ordering his troops to fire on men near their patrol in Afghanistan in July 2012.

Golsteyn faced a murder trial next year for killing an alleged Taliban bombmaker during his 2010 Afghanistan deployment. Gallagher had been acquitted at trial earlier this year on most of the charges related to allegations that he stabbed a wounded ISIS fighter to death. But he received clemency for the guilty charge that stemmed from him posing with the corpse.

Miller had served eight years of a life sentence that was later reduced to 20 years. He was paroled earlier this year. He had been convicted of the murder of an Afghan man during a battlefield interrogation.

Both Miller and Lorance have advocated for the review of other military justice cases they say resulted in similar rights denials.

Maher claims in the lawsuit that Bales suffered from psychosis connected to his taking the anti-malarial drug mefloquine, which has been shown in some cases to cause mental health problems and hallucinations.

In an interview with GQ magazine in 2015, Bales admitted he had been using steroids at the time of the shootings and on the night his rampage he had drank six or seven alcoholic drinks and took handful of sleeping pills.

But, Maher said, that along with Bales’ PTSD and TBI were not shared with the sentencing jury.

That throws into question Bales’ sanity at the time of the killings and whether he was fit to stand trial when he pleaded guilty to avoid a death penalty the following year.

He also alleges in the lawsuit that military prosecutors flew known Taliban bombmakers into the United States under false aliases to testify as aggravating witnesses in Bales’ sentencing but characterized them as simple farmers, not disclosing that to the defense that some had been linked through DNA and fingerprint evidence to Improvised Explosive Devices used against U.S. troops in Afghanistan.

If successful, the lawsuit could result in a new trial. But some similar issues were raised in the criminal appeal that was not taken up by the U.S. Supreme Court in 2017.

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US sends mechanized troops back into Syria

Bradley fighting vehicles have headed back into eastern Syria, the Pentagon announced Friday, a move that comes after a tense encounter with Russian forces left four U.S. troops lightly injured last month. The return of mechanized units also comes as the U.S. military deployed Sentinel radar and increased the frequency of fighter jet patrols over…

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US sends mechanized troops back into Syria

Bradley fighting vehicles have headed back into eastern Syria, the Pentagon announced Friday, a move that comes after a tense encounter with Russian forces left four U.S. troops lightly injured last month. The return of mechanized units also comes as the U.S. military deployed Sentinel radar and increased the frequency of fighter jet patrols over U.S. forces in that part of Syria, according to U.S. Central Command spokesman Navy Capt. Bill Urban. “These actions are a clear demonstration of U.S. resolve to defend Coalition forces in the [Eastern Syria Security Area], and to ensure that they are able to continue their Defeat-ISIS mission without interference,” Urban said in an emailed statement. “The Defense Department has previously deployed Bradleys to northeast Syria pursuant to these goals.” Bradleys from the 30th Armored Brigade Combat Team were last sent to Syria in late October 2019 to guard oil infrastructure from Islamic State militants, officials said at the time. They were quietly pulled out after roughly a month when combined patrols with Turkish forces “never materialized” and the “mission requirements changed,” a military official in the region previously told Army Times. The armored vehicles sent back this month belong to 2nd Brigade, 1st Armored Division, out of Fort Bliss, Texas. The unit is deployed to the Middle East in support of Operation Spartan Shield, which is based in Kuwait. 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Wayne Marotto, spokesman for the Inherent Resolve mission. “The coalition forces remain steadfast in our commitment of ensuring the enduring defeat of Daesh [ISIS].” U.S. and Russian officials traded blame in late August after troops from both countries collided in northeast Syria while on patrol. A Russian vehicle sideswiped a light-armored American one, injuring four U.S. troops, while two Russian helicopters flew about 70 feet over top the altercation, U.S. officials said following the incident. For their part, Russian officials said U.S. troops were blocking their ground patrol and Russian military police “took the necessary measures to prevent an incident and to continue the fulfillment of their task.” Though the U.S. and Russian militaries have protocols to prevent such incidents, there have nevertheless been less worrisome altercations periodically over the past year. Russian forces are in the country backing Syrian President Bashar al-Assad and have long called for U.S. troops to leave. “The United States does not seek conflict with any other nation in Syria, but will defend Coalition forces if necessary,” Urban added in his statement. Despite the loss of ISIS’ territorial caliphate and the slaying of its leader last year in a U.S. raid, the extremist group has continued to launch deadly attacks in Iraq and Syria. There are roughly 500 U.S. troops in Syria’s northeast guarding oil fields from ISIS and working alongside the Syrian Democratic Forces.

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It’s been a bad week on social media for military appreciation

For a nation enamored with yellow ribbons, PDA for men and women in uniform, and shouting “Support Our Troops” into the void until our lungs collapse, we sure seem to know very little about the individuals being supported. At least that’s one takeaway from a series of recent military-themed social media gaffes on the part…

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It’s been a bad week on social media for military appreciation

For a nation enamored with yellow ribbons, PDA for men and women in uniform, and shouting “Support Our Troops” into the void until our lungs collapse, we sure seem to know very little about the individuals being supported. At least that’s one takeaway from a series of recent military-themed social media gaffes on the part of accounts run by government departments and U.S. officials. Friday yielded multiple mistakes of the sort when, first, the U.S. Department of State extended the U.S. Air Force a happy 73rd birthday wish that was accompanied by an image featuring F/A-18 Hornets flown by the Navy’s Blue Angels. The image, which depicts the obvious blue and gold color scheme unique to the Navy’s flight demonstration squadron, includes one plane that even shows the underside of its wings, a part that universally includes “US NAVY” painted in size 11-million block font. The U.S. Navy Blue Angels demonstrate the capabilities of the F/A-18 Hornet at the 2019 Marine Corps Air Station Miramar Air Show on MCAS Miramar, Calif., Sept. 28. (Pfc. Mackson/Marine Corps) Echoing the State Department, Sen. Marco Rubio, R-Fla., sent the Air Force some birthday well wishes that, again, were accompanied by the Navy’s world-renowned team. Never a state to be outdone, Texas Congressman John Carter ramped up the Air Force birthday-Blue Angels whoops parade with a jumbled image featuring an F-22 Raptor, the Blue Angels, and his campaign insignia. Even the mistakes are bigger in Texas. Sign up for the Early Bird Brief Get the military’s most comprehensive news and information every morning (please select a country)United StatesUnited KingdomAfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos (Keeling) IslandsColombiaComorosCongoCongo, The Democratic Republic of TheCook IslandsCosta RicaCote D’ivoireCroatiaCubaCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFalkland Islands (Malvinas)Faroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuineaGuinea-bissauGuyanaHaitiHeard Island and Mcdonald IslandsHoly See (Vatican City State)HondurasHong KongHungaryIcelandIndiaIndonesiaIran, Islamic Republic ofIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKorea, Democratic People’s Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People’s Democratic RepublicLatviaLebanonLesothoLiberiaLibyan Arab JamahiriyaLiechtensteinLithuaniaLuxembourgMacaoMacedonia, The Former Yugoslav Republic ofMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesia, Federated States ofMoldova, Republic ofMonacoMongoliaMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNetherlands AntillesNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorthern Mariana IslandsNorwayOmanPakistanPalauPalestinian Territory, OccupiedPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarReunionRomaniaRussian FederationRwandaSaint HelenaSaint Kitts and NevisSaint LuciaSaint Pierre and MiquelonSaint Vincent and The GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbia and MontenegroSeychellesSierra LeoneSingaporeSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and The South Sandwich IslandsSpainSri LankaSudanSurinameSvalbard and Jan MayenSwazilandSwedenSwitzerlandSyrian Arab RepublicTaiwan, Province of ChinaTajikistanTanzania, United Republic ofThailandTimor-lesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTurks and Caicos IslandsTuvaluUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUnited States Minor Outlying IslandsUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabwe Subscribe × By giving us your email, you are opting in to the Early Bird Brief. (Screengrab @JudgeJohnCarter) Navy officials eventually caught on to the trend of gross misidentification. “Happy birthday @usairforce, but we’re not giving you the @BlueAngels,” the Navy Chief of Information account tweeted. “Aircraft carriers are also only @USNavy.” Most of the proofreading-free accounts wisely deleted their misguided well-wishes once they arrived at the realization that a plane in the air does not automatically render it an Air Force plane. But thanks to Politico editor and dad joke connoisseur Dave Brown, there remains a treasure trove of commemorative screenshots. Aim high pic.twitter.com/VUsN1TOfO8— Dave Brown (@dave_brown24) September 18, 2020 Still, the Air Force’s birthday was just another example of a profound lack of basic military understanding by those who so often boast of military adoration until blue in the face. A campaign arm of the Republican National Committee and President Donald Trump’s reelection campaign, for example, recently circulated a “Support Our Troops” graphic featuring silhouetted Russian soldiers — one holding a Russian-made AK-74 rifle and another a German-made G36K — underneath three Russian MiG-29 fighter jets, a slip-up first reported by Politico. In theory the sentiment is not incorrect, since there was no specification on which troops are being supported. Still, it was just one of the litany of military-related social media fallacies to emerge during this week alone. The image, which was poached from a Shutterstock photo, was created by Russia-based photographer Arthur Zakirov, who confirmed to Politico that the campaign image was “a completely recreated scene from various photographs of mine.” “Today you hear about the Kremlin’s hand in U.S. politics,” he joked. “Tomorrow you are this hand.” In Soviet Russia, troops support you. The image marked another foreign service miscue for the administration, which, in 2015, tweeted a campaign graphic featuring Nazi Waffen SS World War II reenactors in the bottom right corner. [email protected] has deleted the tweet (finally) but here’s the pic, Waffen-SS very clear at bottom pic.twitter.com/Kv1GsdKQkw— John Schindler (@20committee) July 14, 2015 But don’t fret about a politicized slant on military-themed miscues — these inaccuracies on the part of politicians are a bipartisan pastime. Presidential hopeful Joe Biden made headlines recently for exhibiting a concerning pattern of recounting military stories that never actually happened. In 2019 Biden recalled a harrowing tale of a Navy captain in Afghanistan that was flooded with acts of extraordinary valor. “This is the God’s truth,” Biden told the meeting hall in New Hampshire. “My word as a Biden.” Interviews conducted by the Washington Post of more than a dozen troops, commanders and Biden campaign personnel, however, revealed that nearly every detail of “God’s truth” was false. Biden, the Post reported, appeared to combine portions of three separate events into a single story. Then there was 2012, when the Democratic National Convention showcased glorious footage of Russian ships steaming powerfully across open seas as a way to honor U.S. troops and their service. (As our friend Paul Szoldra over at Task and Purpose points out, there truly is a tweet for all occasions.) No surprise. @DNC displayed Russian ships in tribute to vets http://t.co/Q6BpWj0I Did they mean to honor the Russians?— Donald J. Trump (@realDonaldTrump) September 12, 2012 Military-centric miscues on social media may occur relatively often, but seldom is the source of the mistake the military itself. On September 16, the U.S. Army’s official Twitter account tweeted a composite graphic featuring a soldier flanked by the words “I will never quit,” a line taken from the service’s Soldier’s Creed and Warrior Ethos. The U.S. Army tweeted and deleted this graphic from its official account on September 16, 2020. It features a British soldier, a U.S. Marine Corps helicopter (center), and several South African helicopters (background). The text of the tweet asked, “How do you live the #WarriorEthos?” Twitter users may have found the message more inspiring if the soldier, or any of the helicopters, actually belonged to the U.S. Army — or even the United States. Thanks to the blue patch on his right shoulder and the bullpup-style –– a distinct design in which the rifle’s magazine is located behind the trigger assembly –– SA80 assault rifle, Twitter users quickly identified the figure in the foreground as a British Army soldier. Noting the helicopters in the image, Darren Olivier, a South African military analyst and director of the African Defence Review, tweeted that that “the foremost helicopter is a USMC CH-33 and the helicopters in the background are all from a South African Air Force flypast featuring two Oryxes, two Rooivalks, three A109s, a BK-117 and a [South African Air Force Museum] Alouette III.” The Twitter account Angry Staff Officer, a semi-pseudonymous page operated by Maine National Guard officer Jonathan Bratten, tweeted, “A photo of a British soldier, a USMC helo, and some other foreign rotary winged aircraft? C’mon y’all, this isn’t that hard.” “Sometimes people make mistakes, and that is what happened in this case,” an Army spokesperson said in reference to the since-deleted tweet. Sgt. Maj. Mike Lavigne, sergeant major of Army Public Affairs, responded to the gaffe, saying, “Thank you for the dozens of DMs and tags. This is not the way the Army does business. 99% of our social media game is strong, but when it’s not, someone is held accountable and from today on, that’s me. See something wrong? I’m your POC.” Lavigne might be your POC for social media mishaps, but if you need articles that elicit a response of, “This isn’t news,” I’m your huckleberry.

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Special tactics airman drowned after ‘buddy pair’ system not followed in 2,000-yard swim

The training swim test in which a special tactics airman drowned March 19 was conducted without the usual “buddy team” system typical for such swims, an Air Force investigation found. The report did not reach any conclusions about exactly what caused Airman 1st Class Keigan Baker to drown in St. Andrews Bay, Florida, near Panama…

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Special tactics airman drowned after ‘buddy pair’ system not followed in 2,000-yard swim

The training swim test in which a special tactics airman drowned March 19 was conducted without the usual “buddy team” system typical for such swims, an Air Force investigation found. The report did not reach any conclusions about exactly what caused Airman 1st Class Keigan Baker to drown in St. Andrews Bay, Florida, near Panama City, while attempting to swim 2,000 yards. But, it said, the rules of the combat dive course stipulate that such 2,000-yard swims should be conducted with each swimmer paired up with and tethered to another swimmer of comparable ability to ensure a swimmer doesn’t get separated and into trouble. That was not done in this case. Baker had also taken two Unisom, an over-the-counter sleep aid, the night before the swim without medical authorization, in violation of Air Force instructions and the dive class policy. Its ingredients were still present in his blood at the time of his autopsy, the report said. Baker, 24, was a combat controller who enlisted in the Air Force in June 2018 and was assigned to the Special Tactics Training Squadron at Hurlburt Field, Florida, in January 2020. He was originally from Longview, Washington, and received a bachelor of arts degree from Eastern Washington University. He was on temporary duty to the Air Force Combat Dive School at the Naval Diving and Salvage Training Center at Naval Support Activity Panama City, Florida. The dive school, officially known as the 350th Special Warfare Training Squadron, Detachment 1, teaches students basic diving, advanced rescue diving principles and advanced combat diving fundamentals. Students at the dive school are required to finish a 2,000-yard surface swim — more than a mile — in simulated combat gear, to check each student’s swimming ability. Like his classmates, Baker wore a mask, a load-bearing vest with a pair of 2-pound weights to simulate ammunition magazines, a personal flotation device, a dive tool and a rubber AR-15. The swim in which Baker drowned took place on the fourth day of his class. Baker and his classmates took part in multiple physical activities, including a 1,000-yard surface swim while wearing gear, during the first three days. Sign up for the Air Force Times Daily News Roundup Don’t miss the top Air Force stories, delivered each afternoon (please select a country)United StatesUnited KingdomAfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos (Keeling) IslandsColombiaComorosCongoCongo, The Democratic Republic of TheCook IslandsCosta RicaCote D’ivoireCroatiaCubaCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFalkland Islands (Malvinas)Faroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuineaGuinea-bissauGuyanaHaitiHeard Island and Mcdonald IslandsHoly See (Vatican City State)HondurasHong KongHungaryIcelandIndiaIndonesiaIran, Islamic Republic ofIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKorea, Democratic People’s Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People’s Democratic RepublicLatviaLebanonLesothoLiberiaLibyan Arab JamahiriyaLiechtensteinLithuaniaLuxembourgMacaoMacedonia, The Former Yugoslav Republic ofMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesia, Federated States ofMoldova, Republic ofMonacoMongoliaMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNetherlands AntillesNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorthern Mariana IslandsNorwayOmanPakistanPalauPalestinian Territory, OccupiedPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarReunionRomaniaRussian FederationRwandaSaint HelenaSaint Kitts and NevisSaint LuciaSaint Pierre and MiquelonSaint Vincent and The GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbia and MontenegroSeychellesSierra LeoneSingaporeSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and The South Sandwich IslandsSpainSri LankaSudanSurinameSvalbard and Jan MayenSwazilandSwedenSwitzerlandSyrian Arab RepublicTaiwan, Province of ChinaTajikistanTanzania, United Republic ofThailandTimor-lesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTurks and Caicos IslandsTuvaluUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUnited States Minor Outlying IslandsUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabwe Subscribe × By giving us your email, you are opting in to the Air Force Times Daily News Roundup. This surface swim was supposed to begin at 6 a.m. March 19, but a fog forecast prompted instructors to push it back three hours. Baker’s classmates said he appeared to be in good spirits, and they noticed nothing out of the ordinary, aside from mentioning soreness in his hip flexors the previous few weeks. During this swim, eight instructors and a safety diver took part — two more instructors than the minimum requirement. But there were a few changes from standard procedure, the report said. The ammunition pier that usually serves as the finish point was under construction, so the instructors instead used a floating barge about 100 yards east of the ammo pier to drop the buoy marker that served as the finish line. They also shifted the starting buoy marker 100 yards to the east of its usual location. There was also a privately owned, 65-foot yacht anchored in the swim path, the report said. An instructor checked to make sure there were no fishing lines coming from the yacht, and did not ask the yacht to move. There was also more boat traffic than usual during the swim, which the report said was attributed to the later than usual start of the swim, as well as people trying to get out on the water due to the coronavirus stay-at-home restrictions. At one point, an instructor on a boat broke away from the group of student swimmers to stop two civilian boats from entering the training area. Another instructor on a boat also directed a fishing boat away from the swim lane, and later directed swimmers around the 65-foot yacht. The students began the swim at about 10:15 a.m. Almost immediately, the swimmers noticed the current was pushing them northwest, though it wasn’t strong enough to present a safety risk. The student who was closest to Baker said he seemed to be having no trouble swimming, but after about 100 yards, that student lost track of who was swimming near him. Another student swimmer followed Baker, who was the stronger swimmer, for a while without noticing anything wrong. Baker pulled away from that student around the time they approached the yacht, and the student lost sight of him. One by one, a little after 11 a.m., the students began to reach the finish point. The instructors first realized something was wrong when two students still had yet to report their times, but only one student could still be seen swimming. The instructors took head counts, but Baker was nowhere to be found. The instructors began looking for him, and soon called the dive school superintendent to report a student was missing and ask for search and rescue help. In all, 87 personnel on 18 boats, a police helicopter, and a C-130 — including five dive teams and assets from the Air Force, Navy, Marine Corps, Coast Guard, Florida Fish and Wildlife Conservation Commission, and Bay County Sheriff’s Office — searched for Baker for hours. A Fish and Wildlife Conservation boat ultimately detected something underwater on sonar at about 4:15 p.m. A diver soon found Baker’s body, which was then recovered. He was declared dead at 4:30 p.m. His dive gear was intact, the report said, and there was no sign he tried to activate his personal flotation device. There was also no sign of trauma or broken bones. The report concluded there was confusion among the dive school staff on the necessity of the buddy-pair system during 2,000-yard surface swims. The rules say buddy pairs should be used, and “buddy lines” are standard training equipment, the report said. But some instructors at the school felt swimming in pairs was inappropriate when they were supposed to be individually evaluating students. Two weeks before Baker’s death, the report said, several dive school instructors discussed using buddy pairs, and the “prevailing sentiment” was that they should be used for the 2,000-yard swim. Two days before the fatal swim, an instructor briefed the students on surface swims. The approved slide presentation listed buddy pairs and buddy lines, but the instructor told the students neither would be used for surface swims. This contradiction during the briefing contributed to instructors’ confusion, the report said. An instructor brought it up with the staff superintendent, who confirmed that buddy lines would not be used for surface swims and that they were to be individual assessments. The report said Baker was in good physical and mental health, though he was reported to use over-the-counter medication to help him sleep. He had some musculoskeletal problems common to special warfare airmen, the report said, but performed well at the fitness test and swims conducted earlier that week. “As a community, special warfare operators are driven, highly motivated individuals who strive to push themselves to the limits of their physical abilities,” the report said. Baker “was no exception, and fellow classmates classified him as one of the smartest and strongest in the class.” The report does not reach a firm conclusion as to what caused Baker to become incapacitated and drown, but lists several factors that may have contributed to it. Baker told an instructor that morning he had taken two Unisom capsules the night before the swim, and commented at breakfast that morning that he felt fatigued, the report said. His autopsy showed he had diphenhydramine levels in his blood of 54 nanograms per milliliter, the report said, more than the levels required to produce sedative effects. Diphenhydramine, or DPH, is the active ingredient found in Unisom. However, the report acknowledged that post-mortem changes can affect blood concentrations of substances between the time someone dies and the autopsy, and the blood measurements cannot reliably indicate the actual levels of DPH in his blood at the time of his death. Baker wore a full wetsuit during the swim for increased buoyancy, the report said. The wetsuit also would keep swimmers warm in cold conditions, but carried the risk of the swimmer becoming uncomfortably warm when swimming aggressively in warm weather. The weather and water conditions that day were mild, the report said, but an exertional heat injury could not be ruled out as a potential cause of his incapacitation. Exertional heat injuries typically happen when someone is strenuously exercising in a warm environment, the report said, as well as when loaded up with clothing, equipment and protective gear. The possibility of a heat injury can be increased by drugs and other substances that impair sweating, the report said. “Development of fatigue from exercise in the heat is multifactorial and associated with several physiologic processes, but the probability is amplified when combined with gear that both inhibits heat release and adds weight/drag, substances that can alter thermoregulation and psychomotor performance (antihistamine), and drive to perform at maximal effort,” the report said. Baker’s autopsy found no signs of head trauma, bone fractures or trauma to anything other than his lungs, which showed the effects of drowning. There was no evidence he had suffered a heart attack, stroke, or pulmonary embolus, had a seizure, or vigorously struggled while drowning, the report said. The autopsy findings did not support a diagnosis of heatstroke, the report said, but heat could not be ruled out as a factor.

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