1994 Black Hawk shootdown incident
Encyclopedia
The 1994 Black Hawk shootdown incident, sometimes referred to as the Black Hawk Incident, was a friendly fire
incident over northern Iraq
that occurred on April 14, 1994 during Operation Provide Comfort
(OPC). The pilots of two United States Air Force
(USAF) F-15
fighter aircraft
, operating under the control of a USAF airborne warning and control system
(AWACS) aircraft, misidentified two United States Army
UH-60 Black Hawk helicopters as Iraqi Mil Mi-24
"Hind" helicopters. The F-15 pilots fired on and destroyed both helicopters, killing all 26 military service members and civilians from the United States
(U.S.), United Kingdom
, France
, Turkey
, and the Kurdish
community.
A subsequent USAF investigation blamed the accident on several factors. The F-15 pilots were faulted for misidentifying the helicopters as hostile. Also, the crew members of the AWACS aircraft were blamed for their inaction in failing to exercise appropriate control and for not intervening in the situation. In addition, the identification friend or foe
(IFF) systems had not functioned to identify the helicopters to the F-15 pilots. Furthermore, USAF leaders had failed to adequately integrate U.S. Army helicopter operations into overall OPC air operations. As a result of the investigation several USAF officers received administrative discipline but only one, Jim Wang, an AWACS crew member, was tried by military court-martial, in which he was acquitted.
As a result of complaints by family members of the victims and others that the military was failing to hold its personnel accountable, the U.S. Senate
and U.S. House
conducted their own investigations into the shootdown and the U.S. military's response to it. Also, Ronald R. Fogleman, the USAF's new Chief of Staff
, conducted his own review of the actions taken by the USAF against the officers involved in the incident.
Fogleman's investigation led to several of the officers involved in the incident receiving further administrative discipline. The U.S. Department of Defense (DoD) subsequently refused U.S. Senate subpoenas for four USAF officers to be interviewed for the Senate investigation, which was never publicly released. The U.S. House investigation, conducted in part by the Government Accountability Office
(GAO), found that the military investigative and judicial systems had operated mostly as designed, but also noted that the DoD had refused access to key witnesses.
On April 7, 1991, Iraq accepted United Nations
(UN) cease-fire conditions and resolutions, thereby officially ending the Gulf War
. This same day, a large multinational, multiple-agency humanitarian effort under the authority of UN Security Council Resolution #688 began to aid the approximately 500,000 Kurd
ish refugees who had fled from Iraqi military forces into the hills of northern Iraq. On April 18, 1991, John Shalikashvili took command of the U.S.-led operation to ensure security for UN relief operations and the Kurdish refugees, called Operation Provide Comfort
(OPC).
OPC took place in an area of northern Iraq above the 36th parallel
. This area, approximately 160 by 70 kilometers in size, was designated a "no-fly" security zone by UN coalition forces and was enforced by a combined task force (CTF) of daily armed aircraft patrols from participating nations, including the United Kingdom
, France
, Turkey
, and the United States
. The United States Army
was tasked with assisting civilian relief agencies to build communities and facilities for the Kurds in Northern Iraq. Over the next three years, 27,000 fixed-wing and 1,400 helicopter coalition flights took place in the zone to support humanitarian operations without interference from Iraqi aircraft or other military units.
In April 1994 OPC was co-commanded by USAF Brigadier General
Jeffrey Pilkington. The OPC combined air forces were commanded by USAF Colonel Curtis Emery. USAF Colonel Douglas J. Richardson was the director of operations for the combined air forces.
local time, a USAF E-3 AWACS
aircraft from the 963rd Airborne Air Control Squadron (based at Tinker Air Force Base
, Oklahoma
) departed Incirlik Air Base
(AB), Turkey in support of OPC. The AWACS, with its 19 member crew under the mission crew command of Major
Lawrence Tracy, was to provide airborne threat warning and air control for all OPC aircraft during its time aloft. The AWACS crew reported on station at its assigned surveillance orbit altitude of 32000 feet (9,753.6 m) located inside Turkey just north of the northern border of Iraq at 08:45. The weather that day was fair and clear over northern Iraq.
At 08:22, two U.S. Army UH-60 Black Hawk helicopters from the 6th Battalion, 159th Aviation Regiment (based in Giebelstadt
, Germany
), called Eagle Flight, departed Diyarbakır
, near Pirinçlik, Turkey headed for the OPC military coordination center (MCC) located 150 miles (241.4 km) away in Zakhu, Iraq. Both helicopters were fitted with external, 230 gallons (870.6 l) fuel tanks on sponsons mounted beside each side door with each tank emblazoned with large American flags. In addition to the flags on the fuel tanks, each helicopter was marked with American flags on each side door, on the nose, and on the belly. The lead Black Hawk was piloted by U.S. Army Captain
Patrick McKenna, commander of the Eagle Flight detachment of six helicopters.
At 09:21, the Black Hawks reported their entry into the no-fly zone by radio on the en route frequency to the AWACS en route controller, Lieutenant
Joseph Halcli, and then landed six minutes later at the MCC. Halcli and his superior officer, Captain Jim Wang, the AWACS' senior director, added "friendly helicopter" tags
to their radar
scopes, noted that both helicopters were displaying identification friend or foe
(IFF) Mode I and Mode II signals, and then suspended the radar symbols after the Black Hawks disappeared from their scopes upon landing at the MCC at 09:24. Although the helicopters were squawking (signalling) the wrong IFF Mode I code for the no-fly zone (called the Tactical Area of Responsibility or TAOR), neither Wang nor Halcli informed the Black Hawk pilots of that (Both helicopters, however, were squawking the correct Mode II codes). Wang and Halcli also neglected to direct the Black Hawks to begin using the TAOR radio frequency instead of the en route frequency.
At the MCC, the Black Hawks picked up 16 members of the UN Provide Comfort coalition leadership team including four Kurdish civilians, one Chaldean-Catholic civilian, three Turkish, two British, and one French military officers, plus five U.S. civilians and military officials. At 09:54, the helicopters departed the MCC for Arbil
, Iraq, a distance of 120 miles (193.1 km). The Black Hawks reported their departure, flight route, and destinations by radio which was acknowledged by Halcli. Halcli then reinitiated the friendly helicopter track on his scope. Two of the Black Hawk passengers were U.S. Army Colonel
Jerry Thompson, commander of the MCC, and his replacement, U.S. Army Colonel Richard Mulhern. At Arbil and later at Salah ad Din, Iraq, Thompson planned to introduce Mulhern to two prominent Kurdish leaders, Massoud Barzani
and Jalal Talabani
, as well as to UN representatives. Halcli placed tags on his radar screen to show the two Black Hawk's track and notified Wang of the helicopters' movement. In addition to Halcli's screen, the friendly helicopter symbols were visible on the radar screens of Wang, Tracy, and USAF Major Doug Martin. Martin was the "Duke" or "ACE" airborne command element on the AWACS, meaning that he was a rated aircrew member assigned to the crew to ensure that all engagement (combat) mandates were adhered to and executed as written in OPC policies.
En route to Arbil, at 10:12, the Black Hawks entered mountainous terrain and their radar returns disappeared from the AWACS' scopes. Captain Dierdre Bell, an air surveillance officer on the AWACS, noticed that the Black Hawks' radar and IFF returns had disappeared and sent an electronic "attention arrow" to Wang's scope. Wang took no action and the large blinking green arrow automatically disappeared from his screen after one minute.
Meanwhile, at 09:35, two USAF F-15C fighter aircraft from the 53rd Fighter Squadron, piloted by Captain Eric Wickson and Lieutenant Colonel
Randy W. May, departed Incirlik AB. Their mission was to perform an initial fighter sweep of the TAOR to clear the area of any hostile aircraft prior to the entry of coalition forces. The air tasking order (ATO) that was supposed to list all scheduled coalition aircraft missions for that day and which the two pilots reviewed before takeoff, mentioned that U.S. Army Black Hawk helicopters would be operating in the TAOR that day but did not list takeoff times, routes, or flight durations for them. At 10:15, Wickson radioed Martin on the AWACS and asked if he had any information to pass to them to which Martin replied in the negative.
At 10:20 Wickson, the F-15C flight lead, reported entering northern Iraq to the AWACS controller responsible for air traffic inside the TAOR, USAF Lieutenant Ricky Wilson. The TAOR frequency that the F-15s were using was different than the en-route frequency being used by the two Black Hawks. Wilson, however, was monitoring both frequencies as well as being able to see both Black Hawks on his radar scope before they disappeared at 10:12. Wilson and the other AWACS crew members, many of whom were monitoring the F-15's radio frequency, did not inform the F-15s that Black Hawks were currently operating in the TAOR. At 10:21, Wilson, believing that the Black Hawks had landed again, asked Wang if he could drop the friendly helicopter symbols from the AWACS' scopes and Wang approved the request. An AWACS crew instructor, Captain Mark Cathy, who was on the mission to assist the AWACS crew and supervise Wilson on this, his first mission into the TAOR, had retired to the back of the airplane at 10:00 to take a nap.
At 10:22, Wickson, flying at 27000 feet (8,229.6 m) reported a radar contact on a low-flying, slow-moving aircraft 40 miles (64 km) southeast of his current position. Wilson acknowledged Wickson's report with a "clear there" response, meaning that he had no radar contacts in that area. Unknown to the two F-15 pilots, the unidentified aircraft were the two U.S. Army Black Hawks. Contrary to standard procedure, neither Tracy or Wang spoke up at this point to request that the AWACS crew members attempt to identify the F-15's radar contacts.
Both F-15 pilots then electronically interrogated the radar target with their on-board IFF systems across two different modes (Mode I and Mode IV). Their IFF systems responded negatively to the attempt to identify the contact on Mode I. The Mode IV momentarily gave a positive response, but thereafter responded negatively and the F-15s moved to intercept the unidentified aircraft. Intermittent IFF Mode I and Mode II returns from the Black Hawks now began to show on Wilson's and other AWACS crew member's scopes and friendly helicopter symbols reappeared on Wang's scope. After closing to 20 miles (32 km) of the radar contacts, at 10:25 the F-15s again reported the contact to the AWACS and Wilson this time responded that he now had a radar contact at that reported location. Although the Black Hawk intermittent radar and now steady IFF returns on the AWACS scopes were in the same location as the unidentified contacts being tracked by the F-15s, none of the AWACS controllers advised Wickson or May that the contacts they were tracking might be friendly helicopters.
The two F-15s now initiated a visual identification (VID) pass of the contact. The VID pass entailed violating one of OPC's rules of engagement
, which prohibited fighter aircraft from operating below 10000 feet (3,048 m) above the ground. At this time the two Black Hawks had entered a deep valley and were cruising at a speed of 130 kn (158.3 mph; 254.8 km/h) about 200 feet (61 m) above the ground. Wickson's VID pass was conducted at a speed of about 450 kn (548 mph; 881.9 km/h), 500 feet (152.4 m) above and 1000 feet (304.8 m) to the left of the helicopters. At 10:28 Wickson reported "Tally 2 Hinds" and then passed the two Black Hawks. "Hind" is the North Atlantic Treaty Organization (NATO) designation for the Mil Mi-24
helicopter, a helicopter that the Iraqi and Syria
n militaries operated and was usually configured with armament on small, side-mounted wings. Wilson responded with "Copy, Hinds" and asked Wang, "Sir, are you listening to this?" Wang responded, "Affirmative" but offered no further guidance or comments.
May then conducted his own VID pass about 1500 feet (457.2 m) above the helicopters and reported, "Tally 2." May later stated to a USAF accident investigation board that his "Tally 2" call meant that he saw two helicopters but did not mean that he was confirming Wickson's identification of them as Hinds. Neither F-15 pilot had been informed that U.S. Army Black Hawks participating in OPC often carried auxiliary fuel tanks mounted on wings nor had either been instructed in the paint scheme that Iraqi Hind helicopters used, light brown and desert tan, which was different than the dark green color used by the Black Hawks. Wickson later stated that, "I had no doubt when I looked at him that he was a Hind...The Black Hawk did not even cross my mind."
Following their VID passes, Wickson and May circled back behind the helicopters approximately 10 miles (16 km). Because aircraft from various nations sometimes operated unannounced in the northern Iraq area, the OPC rules of engagement required the F-15 pilots to attempt to verify the nationality of the helicopters. Instead, at 10:28, Wickson notified the AWACS that he and May were "engaged" and instructed May to "arm hot." At 10:30, Wickson fired an AIM-120 AMRAAM
missile at the trail helicopter from a range of about 4 nautical miles (7.4 km). The missile hit and destroyed the trailing helicopter seven seconds later (36°46′N 44°05′E). In response, the lead Black Hawk, piloted by McKenna, immediately turned left and dived for lower altitude in an apparent attempt to evade the unexpected attack. About 20 seconds later, May fired an AIM-9 Sidewinder
missile at the lead helicopter from a range of about 1.5 nautical miles (2.8 km), hitting and shooting it down also about 1.2 miles (2 km) northeast of the trail helicopter (36°55′N 43°30′E). All 26 people on board the two Black Hawks were killed. After flying over the wreckage of the two helicopters lying burning on the ground, May radioed Wickson, "Stick a fork in them, they're done."
Within hours, U.S. President Bill Clinton
was briefed on the shootdown and called the heads of government of the United Kingdom
and France
, John Major
and François Mitterrand
, to express regret and sympathy for the deaths of their citizens in the incident. Clinton then appeared a few hours later in a televised news conference in which he stated that he had directed the U.S. Department of Defense
(DoD) to lead an inquiry into the accident. Clinton further stated, "We will get the facts, and we will make them available to the American people and to the people of Britain, France, and Turkey, our partners in Operation Provide Comfort."
USAF General Robert C. Oaks
, Commander of United States Air Forces in Europe
, immediately appointed an Air Force Regulation (AFR) 110-14 accident investigation board composed of a board president, 11 board members from the USAF and U.S. Army, three associate members from France, Turkey, and the United Kingdom, four legal advisers, and 13 technical advisers. The board president was USAF Major General James G. Andrus. An AFR 110-14 investigation's findings are publicly released and the testimony of witnesses in the investigation can be used against them in military disciplinary proceedings. For this reason, after serious mishaps the USAF usually also conducts a separate safety investigation, in which the results are not publicly released and witness testimony is immune from prosecution. In this case, however, for unknown reasons the USAF decided not to conduct a safety investigation.
After interviewing 137 witnesses and conducting numerous tests, the 27-volume, 3,630 page AFR 110-14 investigation report was publicly released on July 13, 1994, although some of the report's details had been leaked to the media by unknown defense officials two weeks earlier. The board made seven general findings about what they believed caused the shootdown to occur:
The board report stated that, "There is no indication that the AWACS Senior Director (Wang), the Mission Crew Commander (Tracy) and/or the DUKE (Martin) made any radio calls throughout the intercept, or that they issued any guidance to either the AWACS crew or the F-15 pilots." Although the OPC ROE did task the AWACS with controlling and monitoring helicopter operations in the TAOR, the board found that the AWACS crew believed that they had no responsibility for controlling U.S. Army Black Hawks or ensuring that other coalition aircraft were aware of Black Hawks operating in the TAOR. When questioned by board investigators as to who was responsible for tracking the helicopters, Tracy said, "I cannot tell you that. I honestly don't know." When Wang was asked the same question by the investigators, he replied, "No one is responsible." When the investigators asked Martin what action he took when the F-15s called a visual identification on two Hind helicopters, Martin stated, "I did nothing."
The board found that combined OPC forces, led by Pilkington, Emery, Richardson, and other USAF officers, had failed to integrate helicopters into aircraft operations in the TAOR. An Eagle Flight officer later testified that he had been told by the CTF's chief of staff, a USAF officer, that the army Black Hawk unit was not considered to be part of OPC. Thus, the CTF staff, under the direction of USAF Colonel James Rusty O'Brien, had not tried to coordinate the U.S. Army Black Hawk missions into the daily ATOs. In fact, neither O'Brien nor his predecessors had established any type of procedure for communicating information on Black Hawk missions to the Combined Forces Air Component (CFAC). The MCC commander, Colonel Thompson, had personally called O'Brien on the night of April 13 to tell him about the next day's Black Hawk mission into northern Iraq, a mission that had been specifically and personally approved by Pilkington earlier that day. O'Brien or his staff apparently did not attempt to communicate specific information on this mission to the AWACS or F-15 fighter units at Incirlik, the CFAC, the ground-based mission director, or to the "Duke" on board the AWACS.
For reasons that USAF officers were unable to explain, two versions of each day's ATO were published, one for the USAF units at Incirlik, and another for the Eagle Flight unit at Pirinclik. The ATO version sent to Eagle Flight, for unknown reasons, gave a wrong IFF Mode I code for the TAOR. Although army Black Hawks had been operating for almost two years in the TAOR while squawking a wrong code and observed doing so by numerous AWACS crews, no one ever told them that they were using a wrong code. On the day of the shootdown, the F-15s had interrogated the Black Hawks on two different IFF Modes (Mode I and Mode IV). The first responded negatively because the Black Hawks were squawking the wrong code. The second mode responded negatively for technical reasons that the investigation was unable to conclusively determine.
The board did not investigate whether any USAF institutional factors, such as a lack of crew resource management
training for the involved aircrews, might have been a factor. Also, the board did not attempt to determine if Wickson and May had violated any of the existing OPC rules of engagement as defined by the ATO or other written instructions.
The United States Secretary of Defense
, William Perry
, later summarized the "errors, omissions, and failures" contributing to the accident as, "The F-15 pilots misidentified the Black Hawks, the AWACS crew failed to intervene, Eagle Flight and their operations were not integrated into the Task Force, and the IFF systems failed." General Shalikashvili, now serving as Chairman of the Joint Chiefs of Staff
, added that, "There were a shocking number of instances where people failed to do their job properly."
in which it would be decided if they should be tried by court-martial or the matter disposed of otherwise. Martin, Tracy, Wang, Halcli, and Wilson faced a joint Article 32 hearing while May's hearing was separate. Wickson was not charged. Although not explicitly stated by USAF leaders, it appears that Wickson was not charged but May was because Wickson had testified that he was sure of his identification of the two Black Hawks as hostile Hinds, while May had stated that he was not sure of Wickson's identification but had allowed the engagement to proceed anyway.
Martin and Halcli waived their rights to the Article 32 hearing, meaning that their cases could move immediately to court-martial
or administrative action. Although he did not request it, Wickson was given immunity by USAF Lieutenant General
Eugene Santarelli, commander of the 17th Air Force
, to testify at the hearings. The AWACS crew members' hearing, which began on October 19, 1994 at Tinker Air Force Base
, Oklahoma
was an open hearing and presided over by USAF Colonel William Colwell under the legal jurisdiction of USAF Lieutenant General Stephen Croker, commander of the 8th Air Force
. May's hearing, beginning on November 7, 1994 at Sembach Air Base, Germany
was a closed hearing and presided over by USAF Colonel Edward M. Starr under the legal jurisdiction of Santarelli. Pilkington, Emery, Richardson, and O'Brien declined requests to testify at either hearing.
On November 17, 1994 the USAF announced that Colwell had recommended to Croker that Wang face court-martial and that Halcli receive nonjudicial
administrative action on the dereliction of duty charges. Colwell recommended that the formal dereliction of duty charges be dropped against the other AWACS crew members, but that they could still face nonjudicial action. Croker accepted Colwell's recommendation and ordered Wang to face court-martial and dismissed the criminal charges against the other AWACS crew members except Halcli, who was offered Article 15
action.
At his hearing, May changed his testimony from what he gave to the accident investigation board, stating that he had positively identified the two helicopters as Iraqi Hinds. Brigadier General John R. Dallager, an F-15 pilot and Wickson's and May's wing commander (52nd Fighter Wing) and regimental court-martial 303 inquiry officer, stated that he found May's errors in the shootdown "reasonable." Starr recommended that the charges against May be dropped, stating that he found May's testimony to be believable. On December 27, 1994 the USAF announced that Santarelli, an F-15 pilot, had dismissed the charges against May and had decided not to pursue criminal disciplinary actions against any other OPC personnel under his legal jurisdiction, including Wickson, Pilkington, Emery, Richardson, and O'Brien. In January, 1995 a USAF flying board returned Wickson and May, who had been grounded since the incident, to flying status. Subsequently, Wickson was transferred to Randolph Air Force Base
, Texas
, to undergo instructor pilot training with a follow-on assignment to Columbus Air Force Base
, Mississippi
.
The USAF later announced the administrative actions taken against the other personnel involved in the shootdown. Pilkington, Emery, and Richardson received letters of admonishment. Martin, May, O'Brien, Tracy, Wickson, and Wilson received letters of reprimand
. Halcli accepted an Article 15 action which resulted in his receiving a letter of reprimand. The personnel involved were allowed to petition for the removal of the letters from their records at a future time. The reprimands were placed in "unfavorable information files" for each individual and were normally removed after two years. U.S. Army General George Joulwan
, Supreme Allied Commander, Europe
, removed Pilkington as commander of OPC but the USAF retained him as commander of the 86th Airlift Wing
at Ramstein Air Base
, Germany
. O'Brien and Emery were transferred to staff positions at the Pentagon
. Richardson was transferred to a staff position at Supreme Headquarters Allied Powers Europe
. Emery had been promoted to brigadier general on July 15, 1994 and his promotion was allowed to stand.
During the trial, evidence was presented that Wang often had trouble staying awake during AWACS missions. In fact, the problem was considered serious enough that the military had referred Wang to medical authorities to be checked for narcolepsy
. Wang had also previously failed two check rides.
Pilkington, an F-16
pilot, testified that as commander of OPC he had sent numerous aircrew members, the majority of them F-15 pilots, back to their home bases for violating OPC rules or procedures or for displaying a lack of good judgement. In response to questions on the F-15 pilot's actions resulting in the shootdown, Pilkington stated, "I don't understand and I will probably never understand Wickson's mindset." When asked if Wickson and May violated OPC rules of engagement in the incident, Pilkington responded, "Yes." AWACS crew members added in their testimonies that once Wickson and May visually identified the helicopters as hostile, all responsibility for the shootdown passed to the F-15 pilots.
Frank Spinner, Wang's civilian attorney, argued that USAF Chief of Staff
General Merrill McPeak, a career fighter pilot, had made clear that he did not want Wickson and May punished for their actions in the shootdown. Cited as evidence for this was a Los Angeles Times
report, published also in the European Stars and Stripes
newspaper on June 18, 1994 that stated that McPeak "strongly opposed" court-martial action for Wickson or May. Pilkington stated that he had heard rumors that McPeak had said something to that effect, but could not confirm if they were true or not.
On June 20, 1995 the USAF announced a "nullification" verdict by Wang's 10-member court-martial jury, effectively acquitting Wang of the charges. Nullification is not a finding of innocence, but instead is a refusal to convict on the stated charges. After the verdict, Wang stated, "I want to say the fight is nowhere near over for me. I want a congressional hearing or investigation into why I was the only person charged." Major General Nolan Sklute, the USAF's top legal officer, stated, "An incident like this does not necessarily mean that the conduct of all those involved rises to the level of criminal culpability. I'm satisfied with the handling of the case." Secretary of the Air Force Sheila Widnall added, "The Black Hawk helicopters were downed as a result of a tragic series of errors and unfortunate events involving numerous people. The mishap was not the result of any one individual's actions; the conduct of numerous officers and the system itself contributed."
William Roth
, chairman of the Permanent Subcommittee on Investigations, authorized a Senate investigation into the incident, primarily in response to complaints from family members of the shootdown victims that it appeared that the U.S. military was not holding anyone seriously accountable for the shootdown. Also in response to complaints about the DoD's response to the incident, the U.S. House of Representatives'
Armed Services Subcommittee on Military Personnel scheduled a hearing on the incident for August 3, 1995 to examine the accident investigation and the judicial actions that followed. In addition, on July 24 the DoD ordered the USAF to reexamine the disciplinary and administrative actions for the personnel involved in the shootdown and for the Joint Chiefs of Staff
to review the corrective actions taken against those involved and determine whether further action was necessary. Widnall requested that the new USAF chief of staff, Ronald R. Fogleman begin his own review of accountability for the incident.
The House Committee on National Security hearing on August 3 was presided over by Congressman Bob Dornan
and lasted one day. At the hearing, Pilkington and Andrus explained how the USAF accident investigation was conducted and emphasized that Wickson and May violated the OPC rules of engagement by conducting a VID pass of the Black Hawks that was inadequate to determine the helicopter's national origin. Andrus stated, "Sir, as a pilot, I would have made another pass. You would never fire until you know what you are shooting at." Retired USAF Colonel and pilot Jerry Cox expressed concern to the Committee with the F-15 pilots for not taking responsibility for their actions.
On August 10, 1995 Fogleman spoke at a press conference at the Pentagon in which he announced the conclusions reached by his review into the accountability of USAF personnel involved in the shootdown incident. He stated that his investigation found that not all of the performance evaluations for the individuals involved in the shootdown reflected the fact that they had received administrative action related to the incident. Fogleman stated,
Fogleman then announced that he had directed that Wickson, May, Wang, Halcli, and Wilson be disqualified from aviation service duties for at least three years. Also, Fogleman wrote and placed "letters of evaluation" in the permanent personnel files of Wickson, May, Wang, Halcli, Wilson, Pilkington, and Emery that stated that each had failed "to meet Air Force standards in job knowledge, judgment and leadership". In addition, a military decoration
awarded to O'Brien for his service during OPC was rescinded. A videotape in which Fogleman described his actions related to the incident and his views on standards and accountability was distributed throughout the USAF and all USAF officers, senior non-commissioned officers, and senior executive service
civilians were ordered to view it. Fogleman further stated that he had found that the military justice system had "worked as it was designed to work".
In August 1996, Roth's investigation board asked the DoD to produce the last four witnesses it wished to interview: Santarelli, Starr, Dallager, and Colonel C. G. Mangin. Mangin was Santarelli's legal adviser during the Wickson and May inquiry. The DoD refused the request to provide access to the four officers. A short time later, John White, U.S. Deputy Secretary of Defense
, wrote a letter to Roth in which he asked that those four officers not be deposed
.
After further refusals from the USAF and DoD to provide the four officers for interview, Roth's committee gave the DoD and USAF until 14:30 on October 31, 1996 to provide the officers. The deadline passed without the officers appearing before the board. The next day the board sent senate subpoena
s directly to the USAF headquarters office at the Pentagon, which refused to accept them. After learning that the senate was now planning to individually serve the four subpoenas directly to the four officers, the associate chief of the Air Force litigation division accepted the subpoenas.
On November 13, 1996 the day the first subpoenaed USAF officer was scheduled to appear, the DoD delivered a letter to Roth, signed by its general counsel
, Judith Miller, stating that the DoD believed the subpoenas were invalid because they were issued "after the adjournment of sine die
of the 104th Congress
" and was therefore not going to honor the subpoenas by providing the four officers for interview. Roth replied to the DoD that only the Senate's legal counsel could determine the validity of congressional subpoenas because of the "separation of powers
" principle in the U.S. Constitution
and thus, the subpoenas were valid. The DoD, on November 20 in another letter signed by Miller again refused to produce the witnesses. Roth, whose committee chairmanship was scheduled to end the next month, was told by the U.S. Department of Justice
that the U.S. Attorney General
, Janet Reno
, would not support him if he chose to take the dispute with the DoD to court. Also, many of Roth's senate colleagues, including John McCain
, were asking him to "back off". Thus, Roth decided to drop the matter and continue preparing the report without the testimony of Santarelli, Dallager, Starr, and Mangin. For the first time in U.S. history, the DoD had refused to comply with a U.S. Senate subpoena.
In January 1997 U.S. Senator Fred Thompson became chairman of the Senate Permanent Subcommittee on Investigations and terminated the Black Hawk investigation. The senate investigation report was never publicly released. Asked in 2001 about the DoD's refusal to honor the Senate subpoenas, Thorson responded, "Basically they told the United States Senate to go to hell."
, requested that the Government Accountability Office
(GAO) conduct its own investigation into the shootdown incident. Specifically, the GAO was asked to determine if the USAF accident investigation board had met its objectives, if the subsequent military justice investigations had followed established guidelines, and if the DoD and/or USAF had improperly or unlawfully influenced these investigations.
The GAO released its investigation report on November 12, 1997. The investigation determined that the USAF accident investigation was properly convened and met its assigned objectives. The GAO report, however, found that the USAF investigation had failed to note that Wickson and May neglected to report their contact with unidentified aircraft to the Duke (Martin) aboard the AWACS as required by the ROE. Furthermore, the USAF investigation report incorrectly stated that Martin had no authority to terminate the engagement when, in fact, he did. The GAO report added that the failure of Wickson and May to report their contact to Martin was indicative of a well-known, general lack of discipline among F-15 aircrews involved in OPC and this was not discussed in the USAF report.
The GAO investigation also uncovered evidence that a rivalry between F-15 and F-16 pilots may have contributed to Wickson's and May's "urgency to engage hostile aircraft" but was not discussed in the USAF investigation. During the GAO's investigation, USAF OPC officers confirmed that the rivalry between the F-15 and F-16 communities was particularly pronounced and intense partly due to the fact that F-16 aircraft had scored all of the air-to-air combat kills in Iraq and Bosnia
since the end of the Gulf War. Pilkington stated to the GAO that, "the shootdown pilots' haste was due in part to the planned entry of two F-16s into the TAOR 10 to 15 minutes after the F-15s and that if the F-15 pilots had involved the chain of command, the pace would have slowed down, ruining the pilots' chances for a shootdown." The GAO concluded that if the evidence of a lack of mission discipline by Wickson and May had been included in the USAF report, such information "could have been useful in subsequent administrative and disciplinary actions."
Another aspect that the GAO investigation revealed was that the training F-15 pilots received for identifying helicopters was not adequate. Visual ID training was accomplished by reviewing slides on a 35mm projector. Helicopters only made up about 5% of the training slides and nearly all of the pictures depicted helicopters from the ground looking up because the pictures were provided by the U.S. Army. Investigators also learned from interviewing other F-15 pilots that helicopter recognition was not regarded as an important skill within the F-15 pilot community because helicopters are not considered a threat to F-15s in air-to-air combat.
The GAO found no evidence of improper or unlawful command influence by USAF leaders on the investigation or subsequent administrative and military justice actions. The GAO noted, however, that it was unable to obtain complete confirmation of this finding because the DoD denied the GAO request to interview key USAF officials including Santarelli, Dallager, Starr, and Mangin.
100,000 in compensation to the families of each of the non-U.S. personnel killed in the incident. At this time, the U.S. government, citing the Feres precedent
, did not offer compensation to the families of the U.S. victims. This was the first time that the U.S. had offered compensation to the victims of a friendly fire incident.
In 1998 Congressman Lamar S. Smith
, chairman of the Subcommittee on Immigration and Claims, held hearings on the compensation issue. He questioned the DoD representatives as to why compensation had not also been offered to the U.S. family members. In November 1999 the U.S. Congress passed legislation authorizing payment of compensation to the families of the American Black Hawk victims.
Five days after the shootdown, USAF OPC officials began including Black Hawk flight times in the daily ATO and included the correct IFF code in the ATO provided to Eagle Flight. OPC officially ended on December 31, 1996. Over the six years of the operation, coalition participants flew a total of 62,000 fixed-wing and rotary-wing sorties. The Black Hawk shootdown was the only serious accident to occur during the operation.
Wickson resigned and May retired from the USAF soon after Fogleman's investigation was completed. Lawrence Tracy retired immediately after Wang's court-martial on an early (15-year) retirement option. As of May 2005 Jim Wang was still serving in the USAF but remained at the rank of Captain, having been denied promotion. Interviewed in 2005 about the shootdown, Tracy stated, "Jim (Wang) and all of us at first were held up as scapegoats. I think that was to cover up for the pilots. They had their fangs out. They wanted to kill something because it had been ages since an F-15 had shot anything down. We were held accountable for their actions."
Andrus retired from the USAF in 1995, Pilkington in 1996, Emery in 1997, and Santarelli in 1998, all at the same rank they held at the time of the shootdown, except Emery, who retired as a brigadier general. Richardson was promoted to brigadier general on July 1, 1999 and retired on September 1, 2001. Dallager was appointed as superintendent of the USAF Academy
in June 2000 and was promoted to lieutenant general on August 1 of the same year. Dallager's appointment and promotion were criticized by observers because of his involvement in the controversial shootdown after-actions and refusal to testify for the senate investigation. Dallager retired on September 1, 2003, but at the rank of major general.
A monument to the 26 victims of the shootdown was constructed at Giebelstadt Army Airfield, Germany and dedicated on April 14, 1996. After U.S. military presence ceased at Giebelstadt, due to base closures, the monument was moved to Fort Rucker
, Alabama
on March 10, 2006, and rededicated on April 14, 2007.
Friendly fire
Friendly fire is inadvertent firing towards one's own or otherwise friendly forces while attempting to engage enemy forces, particularly where this results in injury or death. A death resulting from a negligent discharge is not considered friendly fire...
incident over northern Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
that occurred on April 14, 1994 during Operation Provide Comfort
Operation Provide Comfort
Operation Provide Comfort and Provide Comfort II were military operations by the United States and some of its Gulf War allies, starting in April 1991, to defend Kurds fleeing their homes in northern Iraq in the aftermath of the Persian Gulf War and deliver humanitarian aid to them.-Operation...
(OPC). The pilots of two United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
(USAF) F-15
F-15 Eagle
The McDonnell Douglas F-15 Eagle is a twin-engine, all-weather tactical fighter designed by McDonnell Douglas to gain and maintain air superiority in aerial combat. It is considered among the most successful modern fighters with over 100 aerial combat victories with no losses in dogfights...
fighter aircraft
Fighter aircraft
A fighter aircraft is a military aircraft designed primarily for air-to-air combat with other aircraft, as opposed to a bomber, which is designed primarily to attack ground targets...
, operating under the control of a USAF airborne warning and control system
Airborne Warning And Control System
Airborne Warning and Control System, or AWACS, may refer to:* E-3 Sentry, the aircraft developed under the USAF's "Airborne Warning and Control System" program...
(AWACS) aircraft, misidentified two United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
UH-60 Black Hawk helicopters as Iraqi Mil Mi-24
Mil Mi-24
The Mil Mi-24 is a large helicopter gunship and attack helicopter and low-capacity troop transport with room for 8 passengers. It is produced by Mil Moscow Helicopter Plant and operated since 1972 by the Soviet Air Force, its successors, and by over thirty other nations.In NATO circles the export...
"Hind" helicopters. The F-15 pilots fired on and destroyed both helicopters, killing all 26 military service members and civilians from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(U.S.), United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, and the Kurdish
Kurdish people
The Kurdish people, or Kurds , are an Iranian people native to the Middle East, mostly inhabiting a region known as Kurdistan, which includes adjacent parts of Iran, Iraq, Syria, and Turkey...
community.
A subsequent USAF investigation blamed the accident on several factors. The F-15 pilots were faulted for misidentifying the helicopters as hostile. Also, the crew members of the AWACS aircraft were blamed for their inaction in failing to exercise appropriate control and for not intervening in the situation. In addition, the identification friend or foe
Identification friend or foe
In telecommunications, identification, friend or foe is an identification system designed for command and control. It is a system that enables military and national interrogation systems to identify aircraft, vehicles, or forces as friendly and to determine their bearing and range from the...
(IFF) systems had not functioned to identify the helicopters to the F-15 pilots. Furthermore, USAF leaders had failed to adequately integrate U.S. Army helicopter operations into overall OPC air operations. As a result of the investigation several USAF officers received administrative discipline but only one, Jim Wang, an AWACS crew member, was tried by military court-martial, in which he was acquitted.
As a result of complaints by family members of the victims and others that the military was failing to hold its personnel accountable, the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and U.S. House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
conducted their own investigations into the shootdown and the U.S. military's response to it. Also, Ronald R. Fogleman, the USAF's new Chief of Staff
Chief of Staff of the United States Air Force
The Chief of Staff of the Air Force is a statutory office held by a four-star general in the United States Air Force, and is the most senior uniformed officer assigned to serve in the Department of the Air Force, and as such is the principal military advisor and a deputy to the Secretary of the...
, conducted his own review of the actions taken by the USAF against the officers involved in the incident.
Fogleman's investigation led to several of the officers involved in the incident receiving further administrative discipline. The U.S. Department of Defense (DoD) subsequently refused U.S. Senate subpoenas for four USAF officers to be interviewed for the Senate investigation, which was never publicly released. The U.S. House investigation, conducted in part by the Government Accountability Office
Government Accountability Office
The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
(GAO), found that the military investigative and judicial systems had operated mostly as designed, but also noted that the DoD had refused access to key witnesses.
Background
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(UN) cease-fire conditions and resolutions, thereby officially ending the Gulf War
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
. This same day, a large multinational, multiple-agency humanitarian effort under the authority of UN Security Council Resolution #688 began to aid the approximately 500,000 Kurd
Kürd
Kürd or Kyurd or Kyurt may refer to:*Kürd Eldarbəyli, Azerbaijan*Kürd Mahrızlı, Azerbaijan*Kürd, Goychay, Azerbaijan*Kürd, Jalilabad, Azerbaijan*Kürd, Qabala, Azerbaijan*Qurdbayram, Azerbaijan...
ish refugees who had fled from Iraqi military forces into the hills of northern Iraq. On April 18, 1991, John Shalikashvili took command of the U.S.-led operation to ensure security for UN relief operations and the Kurdish refugees, called Operation Provide Comfort
Operation Provide Comfort
Operation Provide Comfort and Provide Comfort II were military operations by the United States and some of its Gulf War allies, starting in April 1991, to defend Kurds fleeing their homes in northern Iraq in the aftermath of the Persian Gulf War and deliver humanitarian aid to them.-Operation...
(OPC).
OPC took place in an area of northern Iraq above the 36th parallel
36th parallel north
The 36th parallel north is a circle of latitude that is 36 degrees north of the Earth's equatorial plane. It crosses Africa, the Mediterranean Sea, Asia, the Pacific Ocean, North America and the Atlantic Ocean....
. This area, approximately 160 by 70 kilometers in size, was designated a "no-fly" security zone by UN coalition forces and was enforced by a combined task force (CTF) of daily armed aircraft patrols from participating nations, including the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
was tasked with assisting civilian relief agencies to build communities and facilities for the Kurds in Northern Iraq. Over the next three years, 27,000 fixed-wing and 1,400 helicopter coalition flights took place in the zone to support humanitarian operations without interference from Iraqi aircraft or other military units.
In April 1994 OPC was co-commanded by USAF Brigadier General
Brigadier General
Brigadier general is a senior rank in the armed forces. It is the lowest ranking general officer in some countries, usually sitting between the ranks of colonel and major general. When appointed to a field command, a brigadier general is typically in command of a brigade consisting of around 4,000...
Jeffrey Pilkington. The OPC combined air forces were commanded by USAF Colonel Curtis Emery. USAF Colonel Douglas J. Richardson was the director of operations for the combined air forces.
Incident
On April 14, 1994, at 07:3624-hour clock
The 24-hour clock is a convention of time keeping in which the day runs from midnight to midnight and is divided into 24 hours, indicated by the hours passed since midnight, from 0 to 23. This system is the most commonly used time notation in the world today...
local time, a USAF E-3 AWACS
E-3 Sentry
The Boeing E-3 Sentry is an airborne warning and control system developed by Boeing as the prime contractor. Derived from the Boeing 707, it provides all-weather surveillance, command, control and communications, and is used by the United States Air Force , NATO, Royal Air Force , French Air Force...
aircraft from the 963rd Airborne Air Control Squadron (based at Tinker Air Force Base
Tinker Air Force Base
Tinker Air Force Base is a major U.S. Air Force base, with tenant U.S. Navy and other Department of Defense missions, located in the southeast Oklahoma City, Oklahoma area, directly south of the suburb of Midwest City, Oklahoma.-Overview:...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
) departed Incirlik Air Base
Incirlik Air Base
The Incirlik Air Base is located in İncirlik, five miles east of Adana, Turkey's fifth largest city, and from the Mediterranean Sea.The U.S...
(AB), Turkey in support of OPC. The AWACS, with its 19 member crew under the mission crew command of Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Lawrence Tracy, was to provide airborne threat warning and air control for all OPC aircraft during its time aloft. The AWACS crew reported on station at its assigned surveillance orbit altitude of 32000 feet (9,753.6 m) located inside Turkey just north of the northern border of Iraq at 08:45. The weather that day was fair and clear over northern Iraq.
At 08:22, two U.S. Army UH-60 Black Hawk helicopters from the 6th Battalion, 159th Aviation Regiment (based in Giebelstadt
Giebelstadt
Giebelstadt is a municipality in the district of Würzburg in Bavaria in Germany.History of GiebelstadtThe town is the birthplace of Florian Geyer , also known as "Florian Geier from Giebelstadt", a Franconian nobleman who led the Black Company during the Peasants War resulting from the Protestant...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
), called Eagle Flight, departed Diyarbakır
Diyarbakır
Diyarbakır is one of the largest cities in southeastern Turkey...
, near Pirinçlik, Turkey headed for the OPC military coordination center (MCC) located 150 miles (241.4 km) away in Zakhu, Iraq. Both helicopters were fitted with external, 230 gallons (870.6 l) fuel tanks on sponsons mounted beside each side door with each tank emblazoned with large American flags. In addition to the flags on the fuel tanks, each helicopter was marked with American flags on each side door, on the nose, and on the belly. The lead Black Hawk was piloted by U.S. Army Captain
Captain (OF-2)
The army rank of captain is a commissioned officer rank historically corresponding to command of a company of soldiers. The rank is also used by some air forces and marine forces. Today a captain is typically either the commander or second-in-command of a company or artillery battery...
Patrick McKenna, commander of the Eagle Flight detachment of six helicopters.
At 09:21, the Black Hawks reported their entry into the no-fly zone by radio on the en route frequency to the AWACS en route controller, Lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
Joseph Halcli, and then landed six minutes later at the MCC. Halcli and his superior officer, Captain Jim Wang, the AWACS' senior director, added "friendly helicopter" tags
Symbology
Symbology concerns the study of symbols.Symbology may also refer to:-Academics:* Semiotics, study of signs and symbols* Iconography, branch of art history which studies images...
to their radar
Radar
Radar is an object-detection system which uses radio waves to determine the range, altitude, direction, or speed of objects. It can be used to detect aircraft, ships, spacecraft, guided missiles, motor vehicles, weather formations, and terrain. The radar dish or antenna transmits pulses of radio...
scopes, noted that both helicopters were displaying identification friend or foe
Identification friend or foe
In telecommunications, identification, friend or foe is an identification system designed for command and control. It is a system that enables military and national interrogation systems to identify aircraft, vehicles, or forces as friendly and to determine their bearing and range from the...
(IFF) Mode I and Mode II signals, and then suspended the radar symbols after the Black Hawks disappeared from their scopes upon landing at the MCC at 09:24. Although the helicopters were squawking (signalling) the wrong IFF Mode I code for the no-fly zone (called the Tactical Area of Responsibility or TAOR), neither Wang nor Halcli informed the Black Hawk pilots of that (Both helicopters, however, were squawking the correct Mode II codes). Wang and Halcli also neglected to direct the Black Hawks to begin using the TAOR radio frequency instead of the en route frequency.
Arbil
Arbil / Hewlêr is the fourth largest city in Iraq after Baghdad, Basra and Mosul...
, Iraq, a distance of 120 miles (193.1 km). The Black Hawks reported their departure, flight route, and destinations by radio which was acknowledged by Halcli. Halcli then reinitiated the friendly helicopter track on his scope. Two of the Black Hawk passengers were U.S. Army Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
Jerry Thompson, commander of the MCC, and his replacement, U.S. Army Colonel Richard Mulhern. At Arbil and later at Salah ad Din, Iraq, Thompson planned to introduce Mulhern to two prominent Kurdish leaders, Massoud Barzani
Massoud Barzani
Massoud Barzani is the current President of the Iraqi Kurdistan Region and the leader of the Kurdistan Democratic Party. Barzani was born in Mahabad, Iran, during the rule of the Republic of Mahabad...
and Jalal Talabani
Jalal Talabani
Jalal Talabani is the sixth and current President of Iraq, a leading Kurdish politician. He is the first non-Arab president of Iraq, although Abdul Kareem Qasim was half Kurdish....
, as well as to UN representatives. Halcli placed tags on his radar screen to show the two Black Hawk's track and notified Wang of the helicopters' movement. In addition to Halcli's screen, the friendly helicopter symbols were visible on the radar screens of Wang, Tracy, and USAF Major Doug Martin. Martin was the "Duke" or "ACE" airborne command element on the AWACS, meaning that he was a rated aircrew member assigned to the crew to ensure that all engagement (combat) mandates were adhered to and executed as written in OPC policies.
En route to Arbil, at 10:12, the Black Hawks entered mountainous terrain and their radar returns disappeared from the AWACS' scopes. Captain Dierdre Bell, an air surveillance officer on the AWACS, noticed that the Black Hawks' radar and IFF returns had disappeared and sent an electronic "attention arrow" to Wang's scope. Wang took no action and the large blinking green arrow automatically disappeared from his screen after one minute.
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
Randy W. May, departed Incirlik AB. Their mission was to perform an initial fighter sweep of the TAOR to clear the area of any hostile aircraft prior to the entry of coalition forces. The air tasking order (ATO) that was supposed to list all scheduled coalition aircraft missions for that day and which the two pilots reviewed before takeoff, mentioned that U.S. Army Black Hawk helicopters would be operating in the TAOR that day but did not list takeoff times, routes, or flight durations for them. At 10:15, Wickson radioed Martin on the AWACS and asked if he had any information to pass to them to which Martin replied in the negative.
At 10:20 Wickson, the F-15C flight lead, reported entering northern Iraq to the AWACS controller responsible for air traffic inside the TAOR, USAF Lieutenant Ricky Wilson. The TAOR frequency that the F-15s were using was different than the en-route frequency being used by the two Black Hawks. Wilson, however, was monitoring both frequencies as well as being able to see both Black Hawks on his radar scope before they disappeared at 10:12. Wilson and the other AWACS crew members, many of whom were monitoring the F-15's radio frequency, did not inform the F-15s that Black Hawks were currently operating in the TAOR. At 10:21, Wilson, believing that the Black Hawks had landed again, asked Wang if he could drop the friendly helicopter symbols from the AWACS' scopes and Wang approved the request. An AWACS crew instructor, Captain Mark Cathy, who was on the mission to assist the AWACS crew and supervise Wilson on this, his first mission into the TAOR, had retired to the back of the airplane at 10:00 to take a nap.
Both F-15 pilots then electronically interrogated the radar target with their on-board IFF systems across two different modes (Mode I and Mode IV). Their IFF systems responded negatively to the attempt to identify the contact on Mode I. The Mode IV momentarily gave a positive response, but thereafter responded negatively and the F-15s moved to intercept the unidentified aircraft. Intermittent IFF Mode I and Mode II returns from the Black Hawks now began to show on Wilson's and other AWACS crew member's scopes and friendly helicopter symbols reappeared on Wang's scope. After closing to 20 miles (32 km) of the radar contacts, at 10:25 the F-15s again reported the contact to the AWACS and Wilson this time responded that he now had a radar contact at that reported location. Although the Black Hawk intermittent radar and now steady IFF returns on the AWACS scopes were in the same location as the unidentified contacts being tracked by the F-15s, none of the AWACS controllers advised Wickson or May that the contacts they were tracking might be friendly helicopters.
Rules of engagement
Rules of Engagement refers to those responses that are permitted in the employment of military personnel during operations or in the course of their duties. These rules of engagement are determined by the legal framework within which these duties are being carried out...
, which prohibited fighter aircraft from operating below 10000 feet (3,048 m) above the ground. At this time the two Black Hawks had entered a deep valley and were cruising at a speed of 130 kn (158.3 mph; 254.8 km/h) about 200 feet (61 m) above the ground. Wickson's VID pass was conducted at a speed of about 450 kn (548 mph; 881.9 km/h), 500 feet (152.4 m) above and 1000 feet (304.8 m) to the left of the helicopters. At 10:28 Wickson reported "Tally 2 Hinds" and then passed the two Black Hawks. "Hind" is the North Atlantic Treaty Organization (NATO) designation for the Mil Mi-24
Mil Mi-24
The Mil Mi-24 is a large helicopter gunship and attack helicopter and low-capacity troop transport with room for 8 passengers. It is produced by Mil Moscow Helicopter Plant and operated since 1972 by the Soviet Air Force, its successors, and by over thirty other nations.In NATO circles the export...
helicopter, a helicopter that the Iraqi and Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
n militaries operated and was usually configured with armament on small, side-mounted wings. Wilson responded with "Copy, Hinds" and asked Wang, "Sir, are you listening to this?" Wang responded, "Affirmative" but offered no further guidance or comments.
May then conducted his own VID pass about 1500 feet (457.2 m) above the helicopters and reported, "Tally 2." May later stated to a USAF accident investigation board that his "Tally 2" call meant that he saw two helicopters but did not mean that he was confirming Wickson's identification of them as Hinds. Neither F-15 pilot had been informed that U.S. Army Black Hawks participating in OPC often carried auxiliary fuel tanks mounted on wings nor had either been instructed in the paint scheme that Iraqi Hind helicopters used, light brown and desert tan, which was different than the dark green color used by the Black Hawks. Wickson later stated that, "I had no doubt when I looked at him that he was a Hind...The Black Hawk did not even cross my mind."
Following their VID passes, Wickson and May circled back behind the helicopters approximately 10 miles (16 km). Because aircraft from various nations sometimes operated unannounced in the northern Iraq area, the OPC rules of engagement required the F-15 pilots to attempt to verify the nationality of the helicopters. Instead, at 10:28, Wickson notified the AWACS that he and May were "engaged" and instructed May to "arm hot." At 10:30, Wickson fired an AIM-120 AMRAAM
AIM-120 AMRAAM
The AIM-120 Advanced Medium-Range Air-to-Air Missile, or AMRAAM , is a modern beyond-visual-range air-to-air missile capable of all-weather day-and-night operations. Designed with the same form-factor as the previous generation of semi-active guided Sparrow missiles, it is a fire-and-forget...
missile at the trail helicopter from a range of about 4 nautical miles (7.4 km). The missile hit and destroyed the trailing helicopter seven seconds later (36°46′N 44°05′E). In response, the lead Black Hawk, piloted by McKenna, immediately turned left and dived for lower altitude in an apparent attempt to evade the unexpected attack. About 20 seconds later, May fired an AIM-9 Sidewinder
AIM-9 Sidewinder
The AIM-9 Sidewinder is a heat-seeking, short-range, air-to-air missile carried mostly by fighter aircraft and recently, certain gunship helicopters. The missile entered service with United States Air Force in the early 1950s, and variants and upgrades remain in active service with many air forces...
missile at the lead helicopter from a range of about 1.5 nautical miles (2.8 km), hitting and shooting it down also about 1.2 miles (2 km) northeast of the trail helicopter (36°55′N 43°30′E). All 26 people on board the two Black Hawks were killed. After flying over the wreckage of the two helicopters lying burning on the ground, May radioed Wickson, "Stick a fork in them, they're done."
Air Force accident investigation
By 13:15 local time, Kurdish civilians notified the MCC that they had witnessed the two Black Hawks being shot down 40 miles (64 km) north of Arbil and that there were no survivors. The news was quickly picked-up by the media and broadcast by CNN.Within hours, U.S. President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
was briefed on the shootdown and called the heads of government of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, John Major
John Major
Sir John Major, is a British Conservative politician, who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 1990–1997...
and François Mitterrand
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
, to express regret and sympathy for the deaths of their citizens in the incident. Clinton then appeared a few hours later in a televised news conference in which he stated that he had directed the U.S. Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
(DoD) to lead an inquiry into the accident. Clinton further stated, "We will get the facts, and we will make them available to the American people and to the people of Britain, France, and Turkey, our partners in Operation Provide Comfort."
Robert C. Oaks
Robert Charles Oaks is a retired U.S. Air Force general who served as commander of Air Training Command and United States Air Forces in Europe. Oaks was also a general authority of The Church of Jesus Christ of Latter-day Saints from 2000 to 2009. He is a first cousin to LDS Church apostle Dallin H...
, Commander of United States Air Forces in Europe
United States Air Forces in Europe
The United States Air Forces in Europe is the United States Air Force component of U.S. European Command, a Department of Defense unified command, and is one of two Air Force Major Commands outside of the continental United States, the other being the Pacific Air Forces...
, immediately appointed an Air Force Regulation (AFR) 110-14 accident investigation board composed of a board president, 11 board members from the USAF and U.S. Army, three associate members from France, Turkey, and the United Kingdom, four legal advisers, and 13 technical advisers. The board president was USAF Major General James G. Andrus. An AFR 110-14 investigation's findings are publicly released and the testimony of witnesses in the investigation can be used against them in military disciplinary proceedings. For this reason, after serious mishaps the USAF usually also conducts a separate safety investigation, in which the results are not publicly released and witness testimony is immune from prosecution. In this case, however, for unknown reasons the USAF decided not to conduct a safety investigation.
After interviewing 137 witnesses and conducting numerous tests, the 27-volume, 3,630 page AFR 110-14 investigation report was publicly released on July 13, 1994, although some of the report's details had been leaked to the media by unknown defense officials two weeks earlier. The board made seven general findings about what they believed caused the shootdown to occur:
- 1. Wickson misidentified the Black Hawk helicopters and May failed to notify Wickson that he had been unable to confirm the identity of the helicopters.
- 2. The IFF transponders on the F-15s and/or the Black Hawks did not operate correctly for unknown reasons.
- 3. Misunderstandings existed throughout the OPC forces as to how coalition air operations procedures and responsibilities applied to MCC helicopter operations.
- 4. The AWACS crew commander, Lawrence Tracy, was not currently qualified in accordance with USAF regulations and he and the other AWACS crewmembers committed mistakes.
- 5. OPC personnel in general were not properly trained in the rules of engagement for the northern Iraq no fly zone.
- 6. The Black Hawks were not equipped with more modern radios which would have allowed them to communicate with the F-15s.
- 7. The shootdown "was caused by a chain of events which began with the breakdown of clear guidance from the Provide Comfort Combined Task Force to its component organizations."
The board found that combined OPC forces, led by Pilkington, Emery, Richardson, and other USAF officers, had failed to integrate helicopters into aircraft operations in the TAOR. An Eagle Flight officer later testified that he had been told by the CTF's chief of staff, a USAF officer, that the army Black Hawk unit was not considered to be part of OPC. Thus, the CTF staff, under the direction of USAF Colonel James Rusty O'Brien, had not tried to coordinate the U.S. Army Black Hawk missions into the daily ATOs. In fact, neither O'Brien nor his predecessors had established any type of procedure for communicating information on Black Hawk missions to the Combined Forces Air Component (CFAC). The MCC commander, Colonel Thompson, had personally called O'Brien on the night of April 13 to tell him about the next day's Black Hawk mission into northern Iraq, a mission that had been specifically and personally approved by Pilkington earlier that day. O'Brien or his staff apparently did not attempt to communicate specific information on this mission to the AWACS or F-15 fighter units at Incirlik, the CFAC, the ground-based mission director, or to the "Duke" on board the AWACS.
The board did not investigate whether any USAF institutional factors, such as a lack of crew resource management
Crew Resource Management
Crew resource management or Cockpit resource management is a procedure and training system in systems where human error can have devastating effects. Used primarily for improving air safety, CRM focuses on interpersonal communication, leadership, and decision making in the cockpit...
training for the involved aircrews, might have been a factor. Also, the board did not attempt to determine if Wickson and May had violated any of the existing OPC rules of engagement as defined by the ATO or other written instructions.
The United States Secretary of Defense
United States Secretary of Defense
The Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
, William Perry
William Perry
William James Perry is an American businessman and engineer who was the United States Secretary of Defense from February 3, 1994, to January 23, 1997, under President Bill Clinton...
, later summarized the "errors, omissions, and failures" contributing to the accident as, "The F-15 pilots misidentified the Black Hawks, the AWACS crew failed to intervene, Eagle Flight and their operations were not integrated into the Task Force, and the IFF systems failed." General Shalikashvili, now serving as Chairman of the Joint Chiefs of Staff
Chairman of the Joint Chiefs of Staff
The Chairman of the Joint Chiefs of Staff is by law the highest ranking military officer in the United States Armed Forces, and is the principal military adviser to the President of the United States, the National Security Council, the Homeland Security Council and the Secretary of Defense...
, added that, "There were a shocking number of instances where people failed to do their job properly."
Actions taken
On September 8, 1994 the DoD announced the actions it would take in response to the investigation's findings. May was charged with 26 counts of negligent homicide by military legal authorities. Martin, Tracy, Wang, Halcli, and Wilson were charged with dereliction of duty. All of those charged faced an Article 32 hearingArticle 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...
in which it would be decided if they should be tried by court-martial or the matter disposed of otherwise. Martin, Tracy, Wang, Halcli, and Wilson faced a joint Article 32 hearing while May's hearing was separate. Wickson was not charged. Although not explicitly stated by USAF leaders, it appears that Wickson was not charged but May was because Wickson had testified that he was sure of his identification of the two Black Hawks as hostile Hinds, while May had stated that he was not sure of Wickson's identification but had allowed the engagement to proceed anyway.
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
or administrative action. Although he did not request it, Wickson was given immunity by USAF Lieutenant General
Lieutenant General
Lieutenant General is a military rank used in many countries. The rank traces its origins to the Middle Ages where the title of Lieutenant General was held by the second in command on the battlefield, who was normally subordinate to a Captain General....
Eugene Santarelli, commander of the 17th Air Force
Seventeenth Air Force
Seventeenth Air Force is a numbered air force of the United States Air Force located at Ramstein Air Base, Germany. The command served the United States Air Forces in Europe during its years of active service...
, to testify at the hearings. The AWACS crew members' hearing, which began on October 19, 1994 at Tinker Air Force Base
Tinker Air Force Base
Tinker Air Force Base is a major U.S. Air Force base, with tenant U.S. Navy and other Department of Defense missions, located in the southeast Oklahoma City, Oklahoma area, directly south of the suburb of Midwest City, Oklahoma.-Overview:...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
was an open hearing and presided over by USAF Colonel William Colwell under the legal jurisdiction of USAF Lieutenant General Stephen Croker, commander of the 8th Air Force
Eighth Air Force
The Eighth Air Force is a numbered air force of the United States Air Force Global Strike Command . It is headquartered at Barksdale Air Force Base, Louisiana....
. May's hearing, beginning on November 7, 1994 at Sembach Air Base, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
was a closed hearing and presided over by USAF Colonel Edward M. Starr under the legal jurisdiction of Santarelli. Pilkington, Emery, Richardson, and O'Brien declined requests to testify at either hearing.
On November 17, 1994 the USAF announced that Colwell had recommended to Croker that Wang face court-martial and that Halcli receive nonjudicial
Nonjudicial punishment
Non-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial...
administrative action on the dereliction of duty charges. Colwell recommended that the formal dereliction of duty charges be dropped against the other AWACS crew members, but that they could still face nonjudicial action. Croker accepted Colwell's recommendation and ordered Wang to face court-martial and dismissed the criminal charges against the other AWACS crew members except Halcli, who was offered Article 15
Nonjudicial punishment
Non-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial...
action.
At his hearing, May changed his testimony from what he gave to the accident investigation board, stating that he had positively identified the two helicopters as Iraqi Hinds. Brigadier General John R. Dallager, an F-15 pilot and Wickson's and May's wing commander (52nd Fighter Wing) and regimental court-martial 303 inquiry officer, stated that he found May's errors in the shootdown "reasonable." Starr recommended that the charges against May be dropped, stating that he found May's testimony to be believable. On December 27, 1994 the USAF announced that Santarelli, an F-15 pilot, had dismissed the charges against May and had decided not to pursue criminal disciplinary actions against any other OPC personnel under his legal jurisdiction, including Wickson, Pilkington, Emery, Richardson, and O'Brien. In January, 1995 a USAF flying board returned Wickson and May, who had been grounded since the incident, to flying status. Subsequently, Wickson was transferred to Randolph Air Force Base
Randolph Air Force Base
Randolph Air Force Base is a United States Air Force base located east-northeast of San Antonio, Texas. The base is under the jurisdiction of the 902d Mission Support Group, Air Education and Training Command ....
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, to undergo instructor pilot training with a follow-on assignment to Columbus Air Force Base
Columbus Air Force Base
Columbus Air Force Base is a United States Air Force base located approximately north of Columbus, Mississippi.The host unit at Columbus is the 14th Flying Training Wing assigned to the Air Education and Training Command Nineteenth Air Force. The 14 FTW's mission is to provide specialized...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
.
Letter of reprimand
A letter of reprimand is a United States Department of Defense procedure involving a letter to an employee or soldier from his or her superior that details the wrongful actions of the person and the punishment that can be expected...
. Halcli accepted an Article 15 action which resulted in his receiving a letter of reprimand. The personnel involved were allowed to petition for the removal of the letters from their records at a future time. The reprimands were placed in "unfavorable information files" for each individual and were normally removed after two years. U.S. Army General George Joulwan
George Joulwan
George Alfred Joulwan is a retired United States Army general, and is now a businessman. Joulwan, of Lebanese origin, studied at the United States Military Academy and Loyola University Chicago....
, Supreme Allied Commander, Europe
Supreme Headquarters Allied Powers Europe
Supreme Headquarters Allied Powers Europe is the central command of NATO military forces. It is located at Casteau, north of the Belgian city of Mons...
, removed Pilkington as commander of OPC but the USAF retained him as commander of the 86th Airlift Wing
86th Airlift Wing
The 86th Airlift Wing is a United States Air Force wing, currently assigned to the United States Air Forces in Europe. The 86th AW is stationed at Ramstein Air Base, Germany-Mission:...
at Ramstein Air Base
Ramstein Air Base
Ramstein Air Base is a United States Air Force base in the German state of Rheinland-Pfalz. It serves as headquarters for the United States Air Forces in Europe and is also a North Atlantic Treaty Organization installation...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. O'Brien and Emery were transferred to staff positions at the Pentagon
The Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...
. Richardson was transferred to a staff position at Supreme Headquarters Allied Powers Europe
Supreme Headquarters Allied Powers Europe
Supreme Headquarters Allied Powers Europe is the central command of NATO military forces. It is located at Casteau, north of the Belgian city of Mons...
. Emery had been promoted to brigadier general on July 15, 1994 and his promotion was allowed to stand.
Wang's court-martial
Wang's court-martial took place, beginning on June 2, 1995, at Tinker Air Force Base. Wang was tried on three counts of dereliction of duty. Most of the personnel involved in the incident, with the exception of May, were called to testify, including the AWACS crew members, Wickson, and Pilkington. Most of the 40 witnesses testified with a grant of immunity.During the trial, evidence was presented that Wang often had trouble staying awake during AWACS missions. In fact, the problem was considered serious enough that the military had referred Wang to medical authorities to be checked for narcolepsy
Narcolepsy
Narcolepsy is a chronic sleep disorder, or dyssomnia, characterized by excessive sleepiness and sleep attacks at inappropriate times, such as while at work. People with narcolepsy often experience disturbed nocturnal sleep and an abnormal daytime sleep pattern, which often is confused with insomnia...
. Wang had also previously failed two check rides.
Pilkington, an F-16
F-16 Fighting Falcon
The General Dynamics F-16 Fighting Falcon is a multirole jet fighter aircraft originally developed by General Dynamics for the United States Air Force . Designed as an air superiority day fighter, it evolved into a successful all-weather multirole aircraft. Over 4,400 aircraft have been built since...
pilot, testified that as commander of OPC he had sent numerous aircrew members, the majority of them F-15 pilots, back to their home bases for violating OPC rules or procedures or for displaying a lack of good judgement. In response to questions on the F-15 pilot's actions resulting in the shootdown, Pilkington stated, "I don't understand and I will probably never understand Wickson's mindset." When asked if Wickson and May violated OPC rules of engagement in the incident, Pilkington responded, "Yes." AWACS crew members added in their testimonies that once Wickson and May visually identified the helicopters as hostile, all responsibility for the shootdown passed to the F-15 pilots.
Chief of Staff of the United States Air Force
The Chief of Staff of the Air Force is a statutory office held by a four-star general in the United States Air Force, and is the most senior uniformed officer assigned to serve in the Department of the Air Force, and as such is the principal military advisor and a deputy to the Secretary of the...
General Merrill McPeak, a career fighter pilot, had made clear that he did not want Wickson and May punished for their actions in the shootdown. Cited as evidence for this was a Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
report, published also in the European Stars and Stripes
Stars and Stripes (newspaper)
Stars and Stripes is a news source that operates from inside the United States Department of Defense but is editorially separate from it. The First Amendment protection which Stars and Stripes enjoys is safeguarded by Congress to whom an independent ombudsman, who serves the readers' interests,...
newspaper on June 18, 1994 that stated that McPeak "strongly opposed" court-martial action for Wickson or May. Pilkington stated that he had heard rumors that McPeak had said something to that effect, but could not confirm if they were true or not.
On June 20, 1995 the USAF announced a "nullification" verdict by Wang's 10-member court-martial jury, effectively acquitting Wang of the charges. Nullification is not a finding of innocence, but instead is a refusal to convict on the stated charges. After the verdict, Wang stated, "I want to say the fight is nowhere near over for me. I want a congressional hearing or investigation into why I was the only person charged." Major General Nolan Sklute, the USAF's top legal officer, stated, "An incident like this does not necessarily mean that the conduct of all those involved rises to the level of criminal culpability. I'm satisfied with the handling of the case." Secretary of the Air Force Sheila Widnall added, "The Black Hawk helicopters were downed as a result of a tragic series of errors and unfortunate events involving numerous people. The mishap was not the result of any one individual's actions; the conduct of numerous officers and the system itself contributed."
Additional investigations and actions
On July 17, 1995, U.S. SenatorUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
William Roth
William V. Roth, Jr.
William Victor "Bill" Roth, Jr. was an American lawyer and politician from Wilmington in New Castle County, Delaware. He was a veteran of World War II and a member of the Republican Party, who served as U.S. Representative and U.S...
, chairman of the Permanent Subcommittee on Investigations, authorized a Senate investigation into the incident, primarily in response to complaints from family members of the shootdown victims that it appeared that the U.S. military was not holding anyone seriously accountable for the shootdown. Also in response to complaints about the DoD's response to the incident, the U.S. House of Representatives'
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Armed Services Subcommittee on Military Personnel scheduled a hearing on the incident for August 3, 1995 to examine the accident investigation and the judicial actions that followed. In addition, on July 24 the DoD ordered the USAF to reexamine the disciplinary and administrative actions for the personnel involved in the shootdown and for the Joint Chiefs of Staff
Joint Chiefs of Staff
The Joint Chiefs of Staff is a body of senior uniformed leaders in the United States Department of Defense who advise the Secretary of Defense, the Homeland Security Council, the National Security Council and the President on military matters...
to review the corrective actions taken against those involved and determine whether further action was necessary. Widnall requested that the new USAF chief of staff, Ronald R. Fogleman begin his own review of accountability for the incident.
The House Committee on National Security hearing on August 3 was presided over by Congressman Bob Dornan
Bob Dornan
Robert Kenneth "Bob" Dornan is a Republican and former member of the United States House of Representatives from California and a vocal advocate of pro-life and social conservative causes....
and lasted one day. At the hearing, Pilkington and Andrus explained how the USAF accident investigation was conducted and emphasized that Wickson and May violated the OPC rules of engagement by conducting a VID pass of the Black Hawks that was inadequate to determine the helicopter's national origin. Andrus stated, "Sir, as a pilot, I would have made another pass. You would never fire until you know what you are shooting at." Retired USAF Colonel and pilot Jerry Cox expressed concern to the Committee with the F-15 pilots for not taking responsibility for their actions.
"The fact that the conduct of some individuals did not give rise to criminal prosecution or conviction should not end the inquiry into the appropriateness of their actions. Air Force standards require that people display the extraordinary discipline, judgement, and training that their duties require and that the American people expect."
Fogleman then announced that he had directed that Wickson, May, Wang, Halcli, and Wilson be disqualified from aviation service duties for at least three years. Also, Fogleman wrote and placed "letters of evaluation" in the permanent personnel files of Wickson, May, Wang, Halcli, Wilson, Pilkington, and Emery that stated that each had failed "to meet Air Force standards in job knowledge, judgment and leadership". In addition, a military decoration
Military decoration
A military decoration is a decoration given to military personnel or units for heroism in battle or distinguished service. They are designed to be worn on military uniform....
awarded to O'Brien for his service during OPC was rescinded. A videotape in which Fogleman described his actions related to the incident and his views on standards and accountability was distributed throughout the USAF and all USAF officers, senior non-commissioned officers, and senior executive service
Senior Executive Service
The Senior Executive Service is a paygrade in the civil service of the United States federal government, somewhat analogous to the ranks of general or admiral in the U.S. armed forces...
civilians were ordered to view it. Fogleman further stated that he had found that the military justice system had "worked as it was designed to work".
Senate investigation
Beginning in September 1995 and continuing for more than one year, Roth's Senate inquiry into the shootdown, led by Eric Thorson, investigated the incident. Thorson later stated his belief that the USAF accident investigation report and subsequent proceedings had been manipulated in order to avoid holding Wickson and May accountable for their actions. Thorson also stated that he believed that Starr had submitted an inaccurate and misleading report on May's Article 32 hearing to the USAF commanding officers, including Dallager and Santarelli. With regard to the AWACS personnel, Thorson added that, "We know some of the AWACS crew were incompetent beyond belief, and there is more than adequate evidence to conclude that several crewmembers were grossly negligent."In August 1996, Roth's investigation board asked the DoD to produce the last four witnesses it wished to interview: Santarelli, Starr, Dallager, and Colonel C. G. Mangin. Mangin was Santarelli's legal adviser during the Wickson and May inquiry. The DoD refused the request to provide access to the four officers. A short time later, John White, U.S. Deputy Secretary of Defense
United States Deputy Secretary of Defense
The Deputy Secretary of Defense is the second-highest ranking official in the Department of Defense of the United States of America. The Deputy Secretary of Defense is appointed by the President, with the advice and consent of the Senate...
, wrote a letter to Roth in which he asked that those four officers not be deposed
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
.
After further refusals from the USAF and DoD to provide the four officers for interview, Roth's committee gave the DoD and USAF until 14:30 on October 31, 1996 to provide the officers. The deadline passed without the officers appearing before the board. The next day the board sent senate subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
s directly to the USAF headquarters office at the Pentagon, which refused to accept them. After learning that the senate was now planning to individually serve the four subpoenas directly to the four officers, the associate chief of the Air Force litigation division accepted the subpoenas.
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
, Judith Miller, stating that the DoD believed the subpoenas were invalid because they were issued "after the adjournment of sine die
Adjournment sine die
Adjournment sine die means "without assigning a day for a further meeting or hearing". To adjourn an assembly sine die is to adjourn it for an indefinite period...
of the 104th Congress
104th United States Congress
The One Hundred Fourth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1995 to January 3, 1997, during the third and...
" and was therefore not going to honor the subpoenas by providing the four officers for interview. Roth replied to the DoD that only the Senate's legal counsel could determine the validity of congressional subpoenas because of the "separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
" principle in the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and thus, the subpoenas were valid. The DoD, on November 20 in another letter signed by Miller again refused to produce the witnesses. Roth, whose committee chairmanship was scheduled to end the next month, was told by the U.S. Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
that the U.S. Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, Janet Reno
Janet Reno
Janet Wood Reno is a former Attorney General of the United States . She was nominated by President Bill Clinton on February 11, 1993, and confirmed on March 11...
, would not support him if he chose to take the dispute with the DoD to court. Also, many of Roth's senate colleagues, including John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
, were asking him to "back off". Thus, Roth decided to drop the matter and continue preparing the report without the testimony of Santarelli, Dallager, Starr, and Mangin. For the first time in U.S. history, the DoD had refused to comply with a U.S. Senate subpoena.
In January 1997 U.S. Senator Fred Thompson became chairman of the Senate Permanent Subcommittee on Investigations and terminated the Black Hawk investigation. The senate investigation report was never publicly released. Asked in 2001 about the DoD's refusal to honor the Senate subpoenas, Thorson responded, "Basically they told the United States Senate to go to hell."
GAO investigation
In September 1995 the House National Security Subcommittee on Military Personnel, chaired by Bob DornanBob Dornan
Robert Kenneth "Bob" Dornan is a Republican and former member of the United States House of Representatives from California and a vocal advocate of pro-life and social conservative causes....
, requested that the Government Accountability Office
Government Accountability Office
The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
(GAO) conduct its own investigation into the shootdown incident. Specifically, the GAO was asked to determine if the USAF accident investigation board had met its objectives, if the subsequent military justice investigations had followed established guidelines, and if the DoD and/or USAF had improperly or unlawfully influenced these investigations.
The GAO released its investigation report on November 12, 1997. The investigation determined that the USAF accident investigation was properly convened and met its assigned objectives. The GAO report, however, found that the USAF investigation had failed to note that Wickson and May neglected to report their contact with unidentified aircraft to the Duke (Martin) aboard the AWACS as required by the ROE. Furthermore, the USAF investigation report incorrectly stated that Martin had no authority to terminate the engagement when, in fact, he did. The GAO report added that the failure of Wickson and May to report their contact to Martin was indicative of a well-known, general lack of discipline among F-15 aircrews involved in OPC and this was not discussed in the USAF report.
The GAO investigation also uncovered evidence that a rivalry between F-15 and F-16 pilots may have contributed to Wickson's and May's "urgency to engage hostile aircraft" but was not discussed in the USAF investigation. During the GAO's investigation, USAF OPC officers confirmed that the rivalry between the F-15 and F-16 communities was particularly pronounced and intense partly due to the fact that F-16 aircraft had scored all of the air-to-air combat kills in Iraq and Bosnia
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
since the end of the Gulf War. Pilkington stated to the GAO that, "the shootdown pilots' haste was due in part to the planned entry of two F-16s into the TAOR 10 to 15 minutes after the F-15s and that if the F-15 pilots had involved the chain of command, the pace would have slowed down, ruining the pilots' chances for a shootdown." The GAO concluded that if the evidence of a lack of mission discipline by Wickson and May had been included in the USAF report, such information "could have been useful in subsequent administrative and disciplinary actions."
Another aspect that the GAO investigation revealed was that the training F-15 pilots received for identifying helicopters was not adequate. Visual ID training was accomplished by reviewing slides on a 35mm projector. Helicopters only made up about 5% of the training slides and nearly all of the pictures depicted helicopters from the ground looking up because the pictures were provided by the U.S. Army. Investigators also learned from interviewing other F-15 pilots that helicopter recognition was not regarded as an important skill within the F-15 pilot community because helicopters are not considered a threat to F-15s in air-to-air combat.
The GAO found no evidence of improper or unlawful command influence by USAF leaders on the investigation or subsequent administrative and military justice actions. The GAO noted, however, that it was unable to obtain complete confirmation of this finding because the DoD denied the GAO request to interview key USAF officials including Santarelli, Dallager, Starr, and Mangin.
Compensation
On August 26, 1994, the U.S. Department of Defense announced that it would pay U.S.$United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
100,000 in compensation to the families of each of the non-U.S. personnel killed in the incident. At this time, the U.S. government, citing the Feres precedent
Feres v. United States
Feres v. United States, 340 U.S. 135 , combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active...
, did not offer compensation to the families of the U.S. victims. This was the first time that the U.S. had offered compensation to the victims of a friendly fire incident.
In 1998 Congressman Lamar S. Smith
Lamar S. Smith
Lamar Seeligson Smith is the U.S. Representative for , serving since 1987. The district includes most of the wealthier sections of San Antonio and Austin, as well as nearly all of the Texas Hill Country...
, chairman of the Subcommittee on Immigration and Claims, held hearings on the compensation issue. He questioned the DoD representatives as to why compensation had not also been offered to the U.S. family members. In November 1999 the U.S. Congress passed legislation authorizing payment of compensation to the families of the American Black Hawk victims.
Aftermath
Wickson resigned and May retired from the USAF soon after Fogleman's investigation was completed. Lawrence Tracy retired immediately after Wang's court-martial on an early (15-year) retirement option. As of May 2005 Jim Wang was still serving in the USAF but remained at the rank of Captain, having been denied promotion. Interviewed in 2005 about the shootdown, Tracy stated, "Jim (Wang) and all of us at first were held up as scapegoats. I think that was to cover up for the pilots. They had their fangs out. They wanted to kill something because it had been ages since an F-15 had shot anything down. We were held accountable for their actions."
Andrus retired from the USAF in 1995, Pilkington in 1996, Emery in 1997, and Santarelli in 1998, all at the same rank they held at the time of the shootdown, except Emery, who retired as a brigadier general. Richardson was promoted to brigadier general on July 1, 1999 and retired on September 1, 2001. Dallager was appointed as superintendent of the USAF Academy
United States Air Force Academy
The United States Air Force Academy is an accredited college for the undergraduate education of officer candidates for the United States Air Force. Its campus is located immediately north of Colorado Springs in El Paso County, Colorado, United States...
in June 2000 and was promoted to lieutenant general on August 1 of the same year. Dallager's appointment and promotion were criticized by observers because of his involvement in the controversial shootdown after-actions and refusal to testify for the senate investigation. Dallager retired on September 1, 2003, but at the rank of major general.
A monument to the 26 victims of the shootdown was constructed at Giebelstadt Army Airfield, Germany and dedicated on April 14, 1996. After U.S. military presence ceased at Giebelstadt, due to base closures, the monument was moved to Fort Rucker
Fort Rucker
Fort Rucker is a U.S. Army post located mostly in Dale County, Alabama, United States. It was named for a Civil War officer, Confederate General Edmund Rucker. The post is the primary flight training base for Army Aviation and is home to the United States Army Aviation Center of Excellence and...
, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
on March 10, 2006, and rededicated on April 14, 2007.