Illinois National Guard Pilot Gets Article 15

From the US Air Force...

Lt. Gen. Bruce Carlson, 8th Air Force commander, has found Maj. Harry Schmidt guilty of dereliction of duty for his role in an April 17, 2002, bombing incident which resulted in the deaths of four Canadian soldiers and the serious injury of eight others. Major Schmidt’s punishment includes a written reprimand and forfeiture of $5,672 pay.

General Carlson determined that Major Schmidt (right), an Illinois Air National Guard F-16 Fighting Falcon pilot, “flagrantly disregarded a direct order from the controlling agency, exercised a total lack of basic flight discipline over (his) aircraft, and blatantly ignored the applicable rules of engagement and special instructions.” This “willful misconduct directly caused the most egregious consequences imaginable, the deaths of four coalition soldiers and injury to eight others.”

In the reprimand, General Carlson wrote that Major Schmidt “acted shamefully on April 17, 2002, over Tarnak Farms, Afghanistan, exhibiting arrogance and a lack of flight discipline.” The reprimand points out that Major Schmidt’s flight lead warned him to “make sure it’s not ‘friendlies,’” and the Airborne Warning and Control System aircraft controller directed him to “stand by” and later to “hold fire.”

The reprimand states that if Major Schmidt believed he and his wingman were threatened, he should have taken a series of evasive actions and remained at a safe distance to await further instructions from the AWACS crew. Instead, he closed on the target and disobeyed the direction to “hold fire.”

General Carlson found that Major Schmidt’s actions indicate he used his self-defense declaration as a pretext to strike a target, which he rashly decided was an enemy-firing position.

Major Schmidt will no longer be permitted to fly Air Force aircraft, but will continue to serve in the Illinois ANG.

He has until July 12 to determine whether he will appeal the general’s findings or punishment to Gen. Hal M. Hornburg, Air Combat Command commander at Langley Air Force Base (VA).

On June 19, 2003, General Carlson offered Major Schmidt the option of nonjudicial punishment; however, on June 25, 2003, the major demanded to be tried by court-martial instead.

One year later, June 23, Major Schmidt requested permission to change his earlier demand for a court-martial and accept the nonjudicial process. General Carlson granted his request that same day.

Major Schmidt presented his case before General Carlson in a one-hour personal appearance July 1. He presented no witnesses in person but offered written material and his verbal explanation to General Carlson. After considering this and all other matters presented by Major Schmidt and his counsel, General Carlson notified Major Schmidt of his decision July 6.

Punishment under Article 15 of the Uniform Code of Military Justice in this case could have ranged from no punishment to a reprimand, forfeitures of up to $5,672 pay, 60 days restriction and 30 days arrest in quarters.

FMI: www.af.mil