Army News, opinions, editorials, news from Iraq, photos, reports - Army Times

Tillman family says DoD misled them

Pat Tillman’s family firmly rejected the Defense Department’s findings into the former NFL star’s friendly-fire death in Afghanistan, calling for congressional investigations into what they see as broad malfeasance and a cover-up.

“Perhaps subpoenas are necessary to elicit candor and accuracy from the military,” his family said in a statement Monday night, after hearing the results of the latest probes.

The men who shot Tillman have always claimed the April 22, 2004, incident was a terrible mistake in the fog of war, and the Army officially agreed Monday, declining to press charges.

But possible punishments still hang over several high-ranking officers who allegedly botched the investigations and key administrative tasks.

Four generals and five other officers in Cpl. Pat Tillman’s chain of command were responsible for “a series of mistakes” in reporting his friendly fire death, and their actions will be reviewed by a top Army officer, officials announced Monday.

However, an investigation by Army Criminal Investigation Command found that Tillman’s death was an accident, and there was no evidence of negligent homicide or aggravated assault.

• Click through a powerpoint to see an animation of the day Tillman died. (15 MB)

• Inspector General’s report on Tillman’s death

• CID report on Tillman’s death (88 MB)

• Video re-enacts battle that killed Tillman

“We as an Army failed in our duty to the Tillman family,” Acting Army Secretary Pete Geren said. “I apologize to the Tillman family, but words are not sufficient.”

Tillman, 27, an Army Ranger, was killed April 22, 2004, in Afghanistan. An Afghan soldier fighting alongside Tillman also was killed, and two U.S. soldiers were wounded in the incident.

Shortly after he was buried, the Army informed Tillman’s family that contrary to initial reports that he was killed by enemy fire, members of his own unit mistakenly gunned him down in the midst of a chaotic burst of combat.

“The briefing we just received was shamefully unacceptable,” the family said in a statement issued from their home in San Jose, where Pat Tillman grew up. “Our family is therefore compelled to continue our [pursuit of] the full truth about the circumstances of Pat Tillman’s death and the so-called ‘missteps’ and ‘deficiencies’ of Pat’s unit, the Army, the Department of Defense, and this administration.”

In a letter to the House Armed Services Committee, Rep. Mike Honda of San Jose, Calif., on Tuesday called for hearings on the circumstances surrounding the friendly fire death.

Addressed to committee chairman Rep. Ike Skelton and Rep. Duncan Hunter, the ranking minority member, the letter comes one day after the Defense Department and Army released findings from two separate investigations into Tillman’s death.

“While these are the most thorough investigations to date, rather than lay to rest troubling questions regarding a personal and national tragedy, yesterday’s reports raise more questions than they answer,” the letter states.

“There appears to be a systemic breakdown in our military’s reporting and investigative command structure that harmfully impacts our brave service men and women,” the letter also states. “Further, it remains unresolved whether any high-ranking officers are liable for criminal negligence, despite significant indications that they may be.”

A review by the Defense Department inspector general was launched in June 2005, and the findings of the $2 million effort were announced Monday at the Pentagon. Also released were findings of the Army CID investigation.

Geren said Monday that the Army will address the issues raised in the DoD report.

“Far too much time has passed in getting things right in this case,” he said. “This delay does a disservice to the Tillman family and to the credibility of our Army.”

Gen. William S. Wallace, commanding general of Training and Doctrine Command, will review the actions of the nine officers named in the DoD investigation.

The four generals cited as providing misleading or inaccurate information regarding Tillman’s death are Lt. Gen. Stanley McChrystal, commander of Joint Special Operations Command at Fort Bragg, N.C.; Brig. Gen. James Nixon, director of operations for U.S. Special Operations Command, MacDill Air Force Base, Fla.; retired Lt. Gen. Phillip Kensinger Jr., former commanding general of Army Special Operations Command at Fort Bragg; and retired Brig. Gen. Gary Jones, former chief of staff for USASOC.

The other officers were not named because they are not general officers.

Wallace will have available “the full range of investigative and disciplinary options” as he investigates these officers’ actions, Geren said. A progress report is due to Geren in 30 days.

Another issue raised in the DoD IG review was the Silver Star that was awarded to Tillman after his death.

Acting DoD IG Thomas Gimble said that some of the documents supporting the nomination for the Silver Star, the third highest award for valor, contained inaccurate information. He asked that the Army review the award to ensure that it was appropriately awarded.

Geren announced Monday that an Army Decorations Board met March 17 and determined that the award was appropriate. However, some of the language in the citation will be changed to properly reflect what happened that day, Geren said.

Tillman gained national attention and admiration in spring 2002 when he turned down a $3.6 million professional football contract with the Arizona Cardinals and enlisted as a foot soldier in the Army. He was joined by his brother, Kevin Tillman, a promising professional baseball prospect. After graduating from basic training and earning Ranger tabs, the brothers deployed to Iraq, then Afghanistan.

The inspector general’s review follows two by Tillman’s unit, the 75th Ranger Regiment, one by Special Operations Command and a safety review. The Defense Department probe focuses on the events leading up to and following the friendly fire incident.

Gimble said the first two investigations, by the 75th Ranger Regiment, were “deficient,” as the investigators were not properly appointed, and they did not gather evidence from the scene of the incident or interview all the personnel involved.

“DoD and Army regulations require that the family is updated as the information is available,” Gimble said. “The family was not informed that it could have been friendly fire until 35 days later.”

There was evidence as early as April 23, 2004, one day after the incident, that Tillman’s death might have been caused by friendly fire, Gimble said.

He added that there is evidence that Kensinger, then the commander of USASOC, knew before Tillman’s nationally televised memorial service that his death was potentially fratricide but he did not inform the family.

The failure to properly and promptly notify Tillman’s family of developments in the investigations into his death was in violation of DoD and Army regulations, Gimble said.

“We found no reasonable explanation for why the regulations weren’t followed,” he said.

Geren said the Army will work to improve its casualty notification process based on the findings of the DoD report.

“The failures of a few brought discredit to many,” he said.

Before Monday’s release of the DoD and Army CID findings, seven soldiers — officers and enlisted men — had received nonjudicial punishment for what happened that day.

Two received written reprimands for failing to provide adequate command and control of a subordinate unit and failure to provide adequate command and control of a unit. One soldier was verbally reprimanded for dereliction of duty.

The other four soldiers had Article 15 proceedings.

One soldier, who was enlisted, was cited for dereliction of duty for failure to effectively command and control the fire and movement of a unit. Punishment was reduction of one pay grade, forfeiture of $2,200 in pay over two months and extra duty for 45 days.

The other three Article 15 proceedings cited failure to exercise sound judgment and fire discipline in combat operations. The soldiers received extra duty.

The Associated Press contributed to this story.

Discuss:

Pat Tillman: A cover-up?