Punishing officers urged in Tillman-case handling
Dennis Wagner
The Arizona Republic
Mar. 27, 2007 12:00 AM
Nearly three years after former Arizona Cardinal Pat Tillman was killed on an Army mission in Afghanistan, two new Pentagon reports conclude that military officials botched investigations of the incident and should be disciplined for concealing the fratricide incident.
But they also determined there was no evidence to go forward with criminal charges against any of the soldiers who fired at Tillman and his comrades.
The Defense Department's Office of Inspector General report criticizes nine Army officers, four of them generals, for making "critical errors" in reporting Tillman's death and assigning investigations afterward. It concludes that those commanders "bear ultimate responsibility for the inaccuracies, misunderstandings and perceptions of concealment" that have dogged the Army.
The review, released Monday, assails Army officials for failing to properly update Tillman's family after learning that he was killed by comrades rather than enemy insurgents. It says the commanders should face "appropriate corrective actions" for regulatory errors and poor judgment.
Investigators recommended unspecified disciplinary action against the officers, who could face demotions, dishonorable discharges, jail or reprimands.
Patrick Tillman Sr. and Mary Tillman, the soldier's parents, released a statement blasting the Army, the Department of Defense and the administration.
The Inspector General's findings were released simultaneously with a new report by the Army Criminal Investigation Command, which found insufficient grounds for criminal charges against soldiers who fired on Tillman. Under military law, such prosecution would be warranted only if there was intent or gross negligence. The Army report, containing about 2,100 pages, says those involved had "a reasonable belief that death or harm was about to be inflicted on them and believed it was necessary to defend themselves."
The latest inquiries bring to five the number of investigations conducted since Tillman, a 27-year-old corporal with the Army Rangers, was killed during a terrorist-hunting mission in Afghanistan.
Military officials initially claimed he was shot by Taliban fighters during an ambush. Weeks later, that story fell apart with disclosures that Tillman had been a victim of friendly fire caused by miscommunications, poor command decisions and panic.
McCain urges punishment
Sen. John McCain, R-Ariz., pressed the military for full disclosure in behalf of Tillman's family.
"The botched investigations that took place following (Tillman's) death were inexcusable and only prolonged the pain of his loved ones, who have sacrificed for our nation and endured a horrific situation," McCain said in a written statement Monday. "I call on the Army Acting-Secretary to hold accountable those officials identified in these reports for demonstrating errors of judgment."
Tillman had achieved celebrity status long before his death. At Arizona State University, he won Most Valuable Player honors and cultivated the reputation of a cerebral wild man: fiercely physical on the football field yet philosophical off. After graduating in 1998, he became a safety with the Arizona Cardinals and set a team record for tackles.
The Sept. 11 terrorist attacks were a turning point for Tillman. Tillman stunned the nation by giving up his football career and a $3.6 million contract to enlist in the Army.
Along with his brother, Kevin, Tillman took part in the invasion of Iraq a year later, then went to Afghanistan in pursuit of Taliban fighters and al-Qaida terrorists.
While on an April 22, 2004, mission, Tillman's unit split, and he came under attack by his comrades. As he cried out to stop the fire, he took shrapnel to his wrist and body armor, followed by three bullets to the head.
Tillman was arguably the Army's most famous enlistee, and his death was a serious blow. Yet it also presented the Army an opportunity to glorify a hero who gave his life out of patriotism. Military officials perpetrated a public fiction about a firefight, concealing what really happened even though 14 soldiers had given statements describing the fratricide within days.
The truth was not revealed at a televised memorial service a month later, where 3,500 mourned. Nor did it come out when Tillman received the Silver Star for combat valor.
Scandal widens
Finally, after five weeks, the Army was forced to acknowledge how he died. Ensuing revelations compounded the scandal. Among them:
• Tillman's body armor and uniform were burned by soldiers after his death, eliminating key evidence.
• The initial investigator complained that witnesses were allowed to alter their statements in a follow-up inquiry.
• News reports disclosed that, contrary to Army claims, there were not even any Taliban fighters present. The incident was sparked when a land mine exploded, causing soldiers to panic.
• Only seven low-level soldiers were disciplined as a result of earlier inquiries, even though higher-ranking officers had concealed the fratricide findings.
The Army has insisted there was no cover-up, just a series of "procedural misjudgments and mistakes." In May 2005, Tillman's parents concluded that they had been deceived and betrayed. They began to question whether their son's death involved "criminal intent."
Commanders faulted
The inspector general's report, 18 months in the making, says Tillman's commanders improperly appointed subordinates to investigate the shooting and produced reports "tainted" by a failure to preserve evidence, a lack of thoroughness and dubious conclusions.
One example: The first investigative report could not be located, if it still exists.
Another illustration: The Army Safety Center is required to investigate all friendly-fire incidents, yet it did not look into Tillman's death until his widow, Marie, requested a copy of the safety report four months after the fatal mission. Several officers were blamed for that oversight and for failing to notify Central Command. However, the Inspector General's Office placed "primary accountability" on Col. James Nixon, commander of the 75th Ranger Regiment, and Lt. Gen. Phillip Kensinger, also in Tillman's immediate chain of command.
Inspectors found that Kensinger knew the truth before memorial services but did not advise family members because "it was not the right time." The report also concluded that some of Kensinger's declarations to investigators were untrue.
Overall, the reports found, three successive inquiries lacked credibility. Each determined that Tillman was killed accidentally, but inspectors could find "no reasonable explanation" for why senior Army officials withheld that fact for more than a month.
"Nothing has contributed more to an atmosphere of suspicion," Army criminal investigators concluded. "This failure to inform the family has been attributed to a desire to obtain all the facts prior to telling the family it was a fratricide, as well as a (false) perception that there was some regulatory prohibition against telling the family until the conclusion of the collateral investigation."
The report generally exonerates higher-ranking Army officials, including Gen. John Abizaid, commander of Central Command, which oversees operations in Afghanistan.
Although an e-mail was sent to him within days of Tillman's death advising that it likely resulted from friendly fire, the report says he did not receive the e-mail until 10 to 20 days later.
Investigators also found that false witness statements were concocted to validate Tillman's Silver Star, an honor given for performing heroically in the face of enemy fire. Because of inaccuracies and misconduct, inspectors recommended that the award be reviewed and possibly retracted.
Reporter Mike Madden contributed to this article. Reach the reporter at dennis.wagner@arizonarepublic.com .