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Army Pvt. Danny Chen.
An officer reviewing charges against eight soldiers in connection with the death of a Chinese-American Army private, who apparently took his life after being hazed and abused, has recommended dropping the most serious charge -- involuntary manslaughter.
The investigating officer recommended that seven soldiers be court-martialed on multiple charges in connection with the death of Pvt. Danny Chen, 19, who died of an apparent self-inflicted gunshot wound on Oct. 3 in Afghanistan, the Army said Tuesday. The Article 32 hearings, which determine if there is enough evidence for a court-martial, are being held at Kandahar Air Field in Afghanistan.
The most recent four infantrymen to go through those hearings had been facing charges that included involuntary manslaughter and negligent homicide, thought to be the first time such charges have been brought in this type of case, according to experts on hazing and on the military legal system.
But involuntary manslaughter was not among the charges recommended against Staff Sgt. Andrew VanBockel, Sgts. Jeffrey Hurst and Adam Holcomb and Spc. Thomas Curtis -- mirroring the outcome of the first Article 32 hearing for Spc. Ryan Offutt, which ended on Jan. 22.
"If the investigating officer determines that there was not sufficient evidence to support the elements of the charge, then the investigating officer may recommend not moving forward with that charge," said Sgt. 1st Class Alan G. Davis, an Army spokesman.
The maximum punishment for involuntary manslaughter is 10 years in prison and a dishonorable discharge; for negligent homicide it three years imprisonment and a dishonorable discharge.
The commander of the 1st Stryker Brigade Combat Team, 25th Infantry Division, will consider the investigating officer's recommendations in determining whether to forward the charges to the Combined Joint Task Force-82 Commander for final disposition, Davis said.
A lawyer and former member of the U.S. Air Force Judge Advocate General (JAG) Corps has previously noted that the officer's recommendations were simply that -- a recommendation -- that could be accepted or ignored.
Courtesy of the Chen family
Pvt. Danny Chen, left, with his mother, Su Zhen Chen, at his graduation from basic training.
Chen was found dead at a guard tower with his rifle lying next to him at Combat Outpost Palace in the Panjwa'i district of Kandahar province in southern Afghanistan.
Almost immediately after he arrived in mid-August, Chen, the only Chinese-American in his platoon, was required to do exercises that crossed over to alleged abuse, according to investigators from the Regional Command-South, said Elizabeth OuYang, New York branch president of OCA, a national civil rights organization serving Asian Pacific Americans.
Some of it was inflicted by one soldier and some by a group, according to OuYang, who was briefed on the investigation. Investigators also found evidence that the platoon sergeant and the platoon leader -- the top two officers in the unit -- were aware of an attack on Chen on Sept. 27 and chose not to report it, OuYang said.
The family and Chinese-American community have asked that Chen's comrades face the involuntary manslaughter charges and want the courts-martial to be held in the United States, citing the need for access, transparency and accountability. OuYang said they were disappointed with the officer not recommending the involuntary manslaughter charge.
"We have not been able to see any of the evidence in these eight pre-trials," she said. "We don’t know why we’re in the dark ... as to why the involuntary manslaughter charges was dropped. That’s why it’s imperative that we must have access to the court-martials so we can see the evidence in this case.”
The investigating officer has recommended the following charges be forwarded to court-martial:
-- For VanBockel: two counts of violation of a general regulation; three counts of dereliction of duty; two counts of maltreatment; one count of negligent homicide; and one count of reckless endangerment.
-- For Hurst: two counts violation of a general regulation; two counts of dereliction of duty; one count of maltreatment; one count of negligent homicide; and one count of reckless endangerment.
-- For Holcomb: three counts of violation of a general regulation; two counts of dereliction of duty; two counts of maltreatment; one count of assault; one count of negligent homicide; one count of reckless endangerment; and one count of communicating a threat.
-- For Curtis: two counts of violation of a general regulation; one count of dereliction of duty; six counts of maltreatment; four counts of assault; one count of negligent homicide; and one count of reckless endangerment.
-- For Lt. Daniel Schwartz, 25, of Maryland: eight counts of dereliction of duty.
-- For Offutt: two counts of violation of a lawful general regulation; four counts of maltreatment; one count of manslaughter; three counts of assault consummated by battery; one count of negligent homicide; and one count of reckless endangerment.
The investigating officer has yet to issue a court-martial recommendation for Sgt. Travis Carden, 25, of Fowler, Ind. His hearing is scheduled for April 4-5 at Kandahar Air Field, the Army said. The charges against him are: two counts of violation of a lawful general regulation; two counts of maltreatment; one count of assault; and one count of reckless endangerment.
The Article 32 for the remaining soldier, Staff Sgt. Blaine Dugas, 35, of Texas, began Feb. 19 and is ongoing. He is charged with one count of violation of a lawful general order; two counts of dereliction of duty; and one count of mking a false official statement.
Related stories on msnbc.com:
- Hearings set in Chinese-American soldier's alleged hazing death
- Army reveals details of alleged hazing of Chinese-American soldier
- Experts: Harshest charges in Asian-American GI's death may not stick
- Family of Chinese-American soldier want GIs tried in U.S.
- Lawsuit claims rape, misconduct at D.C. Marine Barracks
Leave a Comment:
Who cares. He wasn't a real American. Chinks, gooks, japs, and other yellow monkeys are not real Americans. Never will be.
Mchchicago78
Neither are you, most likley your mother and father are related and from some other country that has trailer parks :)
mchchicago... you would never meet the qualifiactions to serve in my Army. Your statement is as un-Americam as I have ever heard. To think that I and those like me serve to allow you to have a voice saddens me. Do us all a favor and shut your hole.
@Mchchicago78
Tell us what makes a real American. Certainly not someone like you. I don't care if he had yellow skin, green hair and fangs. He was still willing to fight for freedom. Weather he was black or white, green and purple, he was trying to do something I bet you would never have the courage to do. No doubt you sit and hide at a computer and make value judgments against others based on no education. You are a disgrace to this country ....
I think you guys are taking the bait. Seems like a pure troll.
you make me sick he was fighting for our country and you talk like that ??
mchchicago78, you are suspended for a week for violating rule # 5 of the Code of Honor.
Don't make racist remarks, please. Thanks.
Wow. He was American enough to go wear our uniform. mchchicago78 you are jerk. Our country is built on immigrants. A good part of our Revolutionary Army was foreign born. I had some good friends who with me in the Army that weren't citizens and they worked harder and acted more American than most. But this is news to ignorant jerk such as yourself.
Just more military coverups.
What was covered up?
A possible murder!
So a possible murder was covered up with involuntary manslaughter and negligent homicide charges. Very crafty of them.
Well, it's nice to know that free speech is still a right Mr. Crazy Man in Chicago. It's also nice to know that military service men can murder and rape their own fellow service men and get away absolutely free and often get promotions out of if.
Don't forget that he was defending your right to free speech while he was murdered by similarly minded bigoted folks such as yourself. Hope your impending death is as painful and terrifying as his was. Have a great day!
Perfect TamaraLH
... I especially like your ending!
Tamara, he pulled the trigger and not someone else. Therefore, he was not "murdered" protecting our freedom. He committed suicide while protecting our freedom.
This soldier's family will not get justice in this 'men's' army. You've seen what they've done to their fellow 'soldier' women, violence and rape, and the military 'justice' is like a 1960's rape trial where the 'female invited it upon herself.' You can only image what they did to this man who didn't look, act or think the way these serial killers do. This man may very well have been the only decent 'male' around who did not partake in the daily violence against civilians and women.
Who would trust anything the military has to say when they are cranking out what would be deemed Serial Killers, anywhere else but Iraq and Afghanistan? I'm talking about a 90% Civilian Death casulty rate! Simply put, for every 10 people our Soldiers kill, 9 of them are Civilians.
The military walked 10 Serial Killers who killed 24 unarmed and innocent Iraqi men, woman and children. Guess what, these guys are FREE and are back in the US, do you want them in your neighborhood? Do you want these guys dating your daughters and possibly being alone with your kids and/or grandkids?
That is why these 'soldiers' have the largest prison rate of ANY war(s) in the history of the US. These guys are coming back and committing violent acts against US women and their children primarily, sometimes men. This is insane but not surprising considering they are encouraged, by management, to rape their fellow female soldiers and their management, including the GOP backed Senate 'UnIntelligence Committee,' supports Rush Limbaugh style Taliban attacks on Women. Just look at Bohener's response, Santorum's and Romeny's.
I certainly don't want these sicko career or ex-military men living in my community. We need to track them like we do sexual predators because these men are violent predators and have no business coming back into the USA without warning the population.
Well, hell, "American," if you don't have facts, make something up, eh?
Maybe you'd prefer the Taliban. And, by the way, the REAL Taliban don't talk; they stone, behead, shoot, and otherwise find ways to kill those who violate their creed/code.
Your words are an ignorant and vile attack on the military, full of crap and nonsense.
AA, your so full of it. I guess this is what stupid looks like! Why don't you sign up and show them how to act.
AA - did we forget to take our Meds today and the voices in your head are talking to you again??? That is the only way to explain this dribble or you were kicked in the head by an Mule.........
You call yourself American American, but did you ever put on a uniform? I didn't think so.
What these particular soldiers did is inexcusable, but it does not reflect the atmosphere of the entire Army. Soldiers fighting a long, protracted war with no apparent end are under terrible stress, just like the guys in Vietnam, who also came back with a high degree of mental health issues. When someone risks their life to protect a useless one like yours, you don't track them like predators, you celebrate them as heroes. Moron.
Like always: attack the military men returning home with GROSS exaggerations of the worst isolated instances of our boys coming home so damaged that they do bad things (yes, it happens but they MOSTLY only hurt themselves when they return home, very few become what "am-am2390509" is describing and some have gone over there for kicks, but those ppl were nuts before they left....every Military has 'em but 99.99% are our neighbors who have been through something impossible to describe and need our help coming home, not fear or misunderstanding) AND THEN someone like "mel1608035" who suggest that "AmAm" isn't WRONG (s/he IS WRONG, btw) but that s/he should leave the country for Afghanistan if s/he doesn't prefer the thing s/he's complaining about FIRST and only THEN says it's nonsense.
If these opinions are a cross section of American opinions, HOW DID WE GET SO DUMB?
I understand that if you're poor, rich, a go-getter, a follower, religious, atheist, angrily oriented, happily oriented, Liberal or Conservative it MOSTLY has to do with what you were born into (I.E. the rich families will stay rich and never NEED to work to survive and the poor families will always have to bust their hump for every dollar and very few will live the other's reality) but how did we get so f%!&ing STUPID that none of us bother to take the time to try to imagine what our fellow American's lives are really like, day to day?!?!
The first time in 4 decades we've had someone in the White House who comes from OUR NEIGHBORHOODS and we're even CONSIDERING electing another fortunate son of a furtunate son of a rich politician to run this country into the ground again?! 'Cuz we're too effing stupid to imagine what he's gone through in the past four years fighting the rich folks who have owned our political system for 40 years?! We're upset that he did or didn't support Marriage equality, or did or didn't go to church often enough/too often, or wasn't able to create enough jobs with a filibuster of every attempt in Congress (who WE elected, or ALLOWED to be elected through NON-PARTICIPATION) cause we're too dumb to support the good (not perfect) people who are fighting for us, literally AND politically, even the ones who are actually shedding blood on foreign soil and coming home with their families in shambles from absence?!
Our military men are sent there and they have to kill people. It is a WAR, should they lay down and die? ASK the Taliban to surrender?
"I'm sure it's just a misunderstanding, this beheading women for allowing themselves shame (being raped, in other words) and I'm sure if we completely isolate ourselves from trade with all 'Muslim Nations' they'll stop doing 9-11s (in America) and 7-7s (in London) and selling opium and get 'real' jobs and everything will be peaceful" Bu!!$#it, they won't and it won't!
We all have to face a tough reality in these times but we have to face it, and we have to do so with INTELLIGENCE which includes empathy for our Fellow Americans, even the ones who are trained to be proficient liars (ALL politicians) and trained to be proficient killers (ALL Warriors/Military) especially when they're fighting for US!!!!!!!!
Time to grow the fck up, America, or we won't last.
The guy killed himself. No one else pulled the trigger. From everything I have read, this guy was a terrible soldier - doing things like falling asleep during watches. So to try to get him in line they teased him. And they chose to use his ethnicity. Big deal. Maybe the next guy will be short and they'll tease him about that. Maybe the one after that will have thick eyebrows. Whatever. Why is it that if the subject of one's race or ethnicity comes up that is the worst thing in the world?
I feel terrible for this man's family. But the fact is, he killed himself. The other soldiers should face no discipline.
it is amazing to me that the America population actually thinks that the military creates bigots/rapists/murderer, however the reality is that today's military is a cross-section of the civilian population. the stressful and often violent-filled situations the military finds themselves in may exaggerate a tendency that was always there, not put there by the military. if you do not like what you see in the military, look to you and your neighbors and the types of citizens we are raising today.
it's because of Soldiers, Marines, Sailors, and Airmen that we have the freedoms American take for granted every day, even allowing mchchicago78 to make the racist comments that are not censored above. And i hate to harp on the age-old saying that this nation started as a melting pot and because of the different cultures/ideas/beliefs that have been thrown together for centuries, we have the best nation in the world. if you don't think so, give up your residence, go to another country.
lanej,
Well said.
You all should read the information on this case. Chen repeatedly went to sleep while on guard duty in a combat zone. He was relieved of having to do Patrol Duties so that he can have more time to sleep and be rested for his guard duty responsibilities. Yes he was punched in his flack vest an (inch and a half of Kevlar). Yes they called him names because he kept failing to do his job!!! I'm sorry he committed suicide but the only reason this is moving forward is because his aunt is a powerful congresswoman from California!
You obviously do not know what you are taking about. His aunt is not a congresswoman. That was Lews aunt. Another case unrelated. What? You just assume they are all related?
Looks like the spirit killing went a little too far. Why didn't they just weed him out early if he was such a poor soldier? Shame on his battle buddies for just watching it happen.
WHEN are we going to STOP these military coverups?????? Soldiers are getting away with murder and mayhem and then are protected by the officer Corp! A lot of enlisted men, including my son, are DISGUSTED will all this crap!
UCMJ Article 118 Murder:
Elements they would have to prove for 1 or 2 above.
So under those which one do you think they could have proven in a trial and what was covered up?
I guess I don't see how they could be charged wven with negligent homicide because there was not way of foreseeing their actions would lead to a death. I'm not a lawyer, just a layperson so I could be wrong.
Article 134 - (Homicide, negligent)
Elements.
(1) That a certain person is dead;
(2) That this death resulted from the act or failure to act of the accused;
(3) That the killing by the accused was unlawful;
(4) That the act or failure to act of the accused which caused the death amounted to simple negligence; and
(5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Explanation.
(1) Nature of offense. Negligent homicide is any unlawful homicide which is the result of simple negligence. An intent to kill or injure is not required.
(2) Simple negligence. Simple negligence is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances. Simple negligence is a lesser degree of carelessness than culpable negligence. See paragraph 44c(2)(a).
Guess what? So is the Article 32 Investigating Officer. The Investigating Officer does not have to meet the same standards of proof required in a trial for conviction. All he has to do is determine that there is enough evidence to support his recommendation that the accused be tried on the charges. The court martial convening authority can accept or reject that recommendation.
Tom I disagree with the guilty being covered-up by the officers. Most of the time the officers don't even know what's going on...the 1st Sgt is in charge of ALL the enlisted troops and is basically a liaison between them and the Commander and that is the problem. Most of the E-6's and E-&7's don't want to be bothered with the trouble of their troops so they "smoke" them, that's it, make them do a physical punishment. It's become an ugly military.
Air Force Vet and mother of a Combat Soldier
If that were the case and the NCO'S knew about it they should be held accountable as well.
If this guy could not hake it he should have been put in a position to where he could at least pull his weight and not put others in danger.
It is a shame that this young man took his life, but he NCO's and all the way down to the fire team leader are supposed to know thier men, It is called leadership.
The failure of it can cost lives in any situation, As a Marine NCO I have seen it happen to many times.
At the same time, Bassai, I don't see how they (the accused) are culpable of either negligent homicide or involuntary manslaughter. The way I read those Articles is that there has to be an act that someone could foresee the action as causing someones death. While the hazing and treatment may be punishable as they are charged, I don't see this being either involuntary manslaughter or negligent homicide.
Which is probably why the Investigating Officer made the recommendation that he did.
Steelermama,
The Air Force has First Sergeants and Superintendents, the Army lumps both jobs into one position, very different animals.
The Army does have just 1st Sgts, they just don't do @!$%#!
Their job is to make sure other people are doing their " @!$%#!"
.
There are many people who feel that there is something wrong with our military. This is just another example of how the military will protect its improperly "trained" soldiers. I strongly believe that someone should be held accountable for soldiers who are so poorly trained that they feel its okay to bully someone in their own squadron. Proper military training at the very least would dictate that this type of sloppy training is a recipe for disaster on a battlefront endangering all who rely on our soldiers. If this had happened under other circumstances, it would not be uncommon to detect the scapegoat mentality that is prevalent by courtmartialing the lowest ranking soldier. In this case, the family of that young man should go after the top.
Sadly, the members of the Asian community are passive and will probably allow this case to unravel without making an uproar. But do not make the mistake of dismissing that community because there are voters who will take a stand at the polls.
Because officers think they can get away with it - and usually do.
What officers are you referring to? All but one person here being charged are enlisted.
Because officers think they can get away with it - and usually do.
Nobody killed him, he killed himself.
Officers are part of the 1% they answer to no charges ever. You have to put officers in the same light as police officers they are never guilty of anything and get away with every thing. I would like to see the names of officers that served on the front lines in Vietnam or any of the forever arab wars. Name me one General that served on the front lines, just one. They military has covered up thousand of case of murder by troops and will continue to.
What the hell are you talking about? The people in this case are enlisted except one lieutenant.
To answer your question about generals, many of them probably did serve on the front line when they were junior officers.
Like these officers? From the CMOH recommendation for Lt Welch who was my battalion commander about 16 years later.
17 Oct 1967:
BTW Lt Durham was KIA in this battle and posthumously awarded the CMOH. So much for those REMF officers.
No what they should have done was to give him a court martial and then an undesirable discharge. Probably was being forced to keep him , because of his family's ties with the congressman. Instead they tried to make him understand, that, a soldier does not ever deflect from his duties. You do realize at war time these charges could be life threatening.
What is ashame, is I see on here everyone wants accountability for these soldiers. What I don't see is what about his accountability for shooting himself, you do understand this is destruction of government property. Hang'em high is a term for what? Seeing how your so docile and everything. Everyone goes through this type of thing in the military and especially in the Infantry.
First of all unless mistaken this guy killed himself. That means he did it to himself no one else did anything to him. How tht is murder is beyond me. Anyone in a line company that is the type of soldier he was will get the same kind of treatment he got. Not much yo0u can do about it but kick hiim out or transfer him and make it someone elses problem.
I saw a guy that failed his MOS school so they moved him into an infantry squad. The kid did not fit in and was picked on ungodly. I even went to the LT. and told him the kid did not belong and to get him out of there. I cannot remember if anything got done but I know he had to feel like he was in hell.
I am sure this kid was the same but since we have no idea if he begged to stay in or refused to transfer then we do not know. My guess is he went in with issues and would have done this in the service or not.
As far as American-American goes geez lady get a grip. Do you even have a clue. I am afraid that you not only get to vote but multiply also!
Saxon...you are correct with your statement about the most decorated unit during WWII, that unit was the 100th Battalion from Honolulu Hawaii, who eventually merged wtih the 442nd Regimental Combat Team from California to form the All Nisei Battalion (100th BN 442d INF) otherwise known as the "Go for Broke" battalion because they gave their all to earn the respect of their fellow soldiers.
can u say iran contra??????? this is bull@!$%#!!!!!! i am a marine father to 4 marines and father in law to one so i know how it works and this is bull@!$%# period!!!!!!!!!!!! this should be prosocuted to the fullest extent of the ucmj remeber the jack nicholson film and his line "you cant handle the truth" well the army clowns are doing just that!!!!!my heart goes out to this soldiers kin and all of america this must be seen through or we all lose nough said
If you say prosecute to the fullest extent of the UCMJ, I'd like your opinion on how the accused are culpable under Article 134 (negligent homicide) or Article 119 (manslaughter).
The harassment alone will deter many possible applicants to the U.S. Armed Services; but the lowering of charges against the abusers should TELL EVERYBODY NOT TO ENLIST IN THE U.S. ARMED SERVICES. Charges against officers/commanders are dropped often & they go on ...probably continuing to abuse enlisted personnel who are there to protect but are abused by their supervisors. FORGET YOUR PRIDE - TRY, CONVICT & PUT THESE ABUSERS IN JAIL.
So how many year were you in and where did you serve?
As a Vietnam combat vet all I can say is that Chen was in the wrong place at the wrong time. The CO and NCO's in his unit should have recognized this and had him reassigned to a rear unit where he could have excelled as a supply clerk or company clerk. Guys serving on the front line in Stryker units face a lot of @!$%# on a daily basis, and face stress in cobat situations that most folks can not begin to understand. If they feel that someone is a slacker they are going to come down on that individual like flies on you know what. Slackers get guys hurt or or worse, killed. The only dereliction of duty that I see here is the failure of his companies command structure to identify the problem and send Chen to the rear. Unfortunately Chen paid for that oversight with his life. War is indeed hell, and unless you have been there be somewhat reserved in your judgement of those who are there.
Amen.
All you liberl A holes talking about murder. What death by teasing. The only thing that failed here was the Psyc evaluation that let this mommas boy into the army in the first place. The Army is a place for soldiers who can at least defend themselves from a little name calling.
Thank god we do not have a military full of nancy boys who cry to momma everytime they get a boo boo.
He should have walked up to the first person who called him names and punched the SOB in the face. That would have ended all of it right there.
Maybe you should have this done to you. It's different when you are in the other person's shoes. I was bullied in grammer school and was always taught not to fight. My dad was a boxer-street fighter and tough as nails. He didn't want me to be the same way. BUT, when he got tired of me coming home with black eyes, bloodied noses he one day taught me how to fight. This was in the seventh grade. One guy who pushed me around all the time got on me while a bunch of us were playing basketball, I grabbed him by both of his rather large ears and banged his head against the steal pole that supported the goal. He didn't ever screw with me again. After that day in the seventh grade I pretty much got into just a handful of fights. You see, I found out the other guy didn't like the pain either. It's a tough life, isn't it?
Concerned AMERICAN, L. Velasco
My point exactly. If this kid had grown a set in boot camp and stood up for himself that would have been the end of it.
There is a reason soilders are trained to fight.
There is no room in the armed services for idiots like these. It's hard enough for a young man to make a commitment like this young AMERICAN did. These people should be tried, if guilty, convicted and not only have the right to a speedy trial but also, a speedy execution of whatever charge they are convicted of doing. OUR country has gotten too lack on the carrying out of sentences. The DEATH PENALTY is a good one. But, do it quick. Less time for appeal and faster execution. Too much sympathy for the BAD GUYS and not enough concerned for VICTIMS. Let's change all that. Concerned AMERICAN, Larry Velasco
Hey Larry. lets just dispand the military all together, those bruts. We can leave the protection of you first ammendment right up to the girl scouts.
i cant understand why some people have to be so hateful and harsh to the rest of the human race it s hard for me to imagine that these people live a real life they seem like they are just monsters out ther to hurt others not actual people in our day to day lives. I really hope this will give the service enough of a reality check to start keeping a better watch on things going on within there own circle