Misc Pub 27-8 Legal Handbook Commander’s 2019


Fatal Training / Operational



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
18
Fatal Training / Operational
Accident Presentations to Next of Kin
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132
C. Army Implementation
1. Key definitions
• Training-related death: A death associated with noncombat military exercises or training activities that are designed to develop a Soldier’s physical ability or to maintain or increase individual/collective combat and/or peacekeeping skills.
• Friendly fire: A circumstance in which members of the US. or friendly military forces are mistakenly, or accidently, killed or injured inaction by the US. or friendly forces activity while engaged with an enemy, or while firing at a hostile force, or what is thought to be a hostile force.
• Fatal operational accidents: Are those deaths associated with active duty military exercises or activities occurring in a designated war zone or toward designated missions related to current war operations or Military Operations Other Than War, contributing directly or indirectly to the death.
• Primary Next of Kin (PNOK): The legal next of kin. That person of any age most closely related to the individual according to the line of succession. Seniority, as determined by age, will control when the persons are of equal relationship.
2. Collateral Investigations
Collateral (AR 15-6) investigations are required for all on-duty Class A accidents resulting in a Soldier’s death, anticipated litigation for or against the Government or Government contractor, anticipated disciplinary or adverse action against any individual, probable high public interest, and all suspected cases of friendly fire.
3. Presentations to PNOK
Presentations are required to be offered for all fatal training, operational and/or friendly fire accidents and suicides investigated under AR 15-6, AR 385-10, and AR 638-34; special interest cases or cases in which there is probable high public interest, as determined by The Adjutant General all suspected cases of Friendly Fire and in general, fatal accidents that are hostile, but do not occur as a result of engagement with the enemy.

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