Commander's Inquiry

1248 Words May 10th, 2013 5 Pages

ATSH-TPB-D 21 FEB 2013

MEMORANDUM FOR Commander, 2-11th Infantry Regiment, Fort Benning, GA 31905

THRU Commander, D Co, 2-11th Infantry Regiment

SUBJECT: Commander’s Inquiry to determine what events surrounded and caused PFC Holmes to negligently discharge his weapon o/a 210815FEB2013.

1. On 21 February 2013, I was directed to conduct an initial commander’s inquiry to determine why PFC Holmes negligently discharged his weapon at Simpson Range. On 21 February 2013 I conducted interviews with all parties involved and began my investigation.

2. The focus of the inquiry was to determine how PFC Holmes negligently loaded and
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d. PFC Holmes acted in an insubordinate manner toward SSG Davis by refusing to follow direction and swearing at his chain of command (Exhibit C).

4. The focus of the inquiry was to the circumstances surrounding the negligent discharge at Simpson Range on 21 February 2013. I have gathered statements from all individuals concerned (Exhibits A-E) with the intent of answering this question. 5. Initial Findings.
a. PFC Holmes violated Article 91 of the UCMJ, “Insubordinate conduct toward warrant officer, NCO, or PO.” on one count. The article defines insubordination as contempt or disrespectful language toward a warrant officer, noncommissioned officer, or petty officer while that officer is in execution of his office. PFC Holmes swore at SSG Davis. SSG Davis informed PFC Davis that he was not to speak to him like that. However PFC Holmes continued to speak disrespectfully towards SSG Davis. PFC Holmes knew that SSG Davis was a noncommissioned officer, his squad leader, his superior, and that SSG Davis was in execution of his office.

b. PFC Holmes violated Article 92 of the UCMJ, "Failure to obey order or regulation," on three counts. SSG Davis instructed PFC Holmes on 18FEB13 regarding weapon and range safety, specifically that weapons were not to be left unsecure and not to be dropped on the ground especially when loaded. SFC Sinatra and CPT Lawford briefed that soldiers were not to load their weapons until instructed to
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