CHAPTER 3
SERIOUS INCIDENT PREPARATION
As the U.S. Army becomes more involved in counterdrug operations, the chances of a soldier being affected by a serious incident becomes greater. A serious incident is an injury or death of a soldier, traumatic incidents, and shooting incidents. The Department of Justice Special Agent Incident Manual, published by the Department of Justice, Division of Law Enforcement, provides general guidelines for all Division of Law Enforcement employees in completing required procedures and offering assistance and information. Guidelines offered here are gleened from this manual so that the chain of command can better prepare soldiers to support counterdrug operations. Soldiers must be prepared for serious incidents because the rules by which law enforcement agencies (LEAs) work are often different from the U.S. Army's. Another reason these guidelines are offered is that it is the responsibility of the chain of command to care for soldiers.
TOPIC: Serious Injury or Death of a Soldier
DISCUSSION: The chain of command must ensure that the soldier personnel file, to include the insurance benefit card, is up to date before the operation begins. The U.S. Army's next-of-kin notification system should be used if a soldier is injured or killed while taking part in a counterdrug operation. It is the duty of the unit to ensure that the family of the soldier is notified promptly. Situations during Operation DESERT STORM showed that next-of-kin notification must be prompt to preclude inadvertent notification by the press.
LESSON(S): Units must keep their soldiers' records up to date so that if anything happens to one of them during a counterdrug operation, the family can be notified promptly.
TOPIC: Traumatic Incident
DISCUSSION: A traumatic incident is any one of the following: shootings that involve military personnel; vehicular accidents which result in injuries to soldiers or Drug Law Enforcement Agency (DLEA) personnel; any aircraft incident involving soldiers or DLEA personnel; or any incidents determined by the chain of command to have a probable traumatic effect on a soldier.
If a traumatic incident occurs, the military leadership at the scene of the incident should: ensure necessary medical treatment is provided; obtain a brief verbal summary of the incident from the involved soldier; ensure that the involved soldier's equipment is secured; and assign someone not directly involved in the incident to accompany the involved soldier to lend morale support. The soldier in charge at the scene of the incident should also notify the chain of command of the soldier involved as soon as possible.
When and if the involved soldier's chain of command appoints a companion soldier, the companion soldier should: encourage the involved soldier to makes notes about the incident while it is fresh in his or her memory; encourage the soldier to notify his or her family, and, if requested, make the telephone call on the soldier's behalf; and discourage the soldier from talking with uninvolved personnel. The companion soldier should also provide necessary or psychological support, but should not interfere with the clergy or attorney client relationship if an attorney, private clergyman, or an Army chaplain is obtained for the soldier.
The chain of command should realize that if two or more soldiers are involved, they should not be separated unless extenuating circumstances dictate it.
DLEAs require that agents involved in a serious incident receive psychological consultation. This consultation will occur within twenty-four hours of the incident or as soon as possible following the incident. This is a good guideline for the Army to pursue as well.
LESSON(S): DLEAs require that agents involved in a serious incident receive psychological consultation. This consultation will occur within twenty-four hours of the incident are as soon as possible following the incident. This is a good guideline for the Army to pursue as well.
TOPIC: Post-shooting Procedures
DISCUSSION: This discussion provides guidelines for U.S. Army personnel handling a soldier-involved shooting situation. One thing to remember is that investigation of the incident will probably be handled by the LEA of jurisdiction.
If an incident occurs during a counterdrug operation where a weapon is discharged, the senior soldier at the scene must notify the chain of command immediately. The chain of command will notify the appropriate LEA immediately and ensure that an investigation is conducted and a report is submitted within the appropriate time frame.
The chain of command will ensure that the following actions are adhered to: medical treatment is provided to all involved parties; the scene of the incident is secured; evidence is protected by keeping unauthorized persons out of the area, including sightseeing soldiers, by not moving anything, including vehicles; and by designating a soldier to maintain a chronological activity log. The log should include, but not be limited to:
- Date and time incident occurred
- Date and time the chain of command was notified, the chain of command arrived at the scene, the LEA in charge of the investigation arrived at the scene
- A description of the scene
- Identification of all people at the scene
- Names of U.S. Army personnel involved in the accident
The soldier appointed as the recorder should also obtain the serial number for the soldier's weapon and type of ammunition used.
To protect the involved soldier and to ensure that his rights are guaranteed, place the involved soldier in a secure location (not the back seat of a police car) out of public view, if possible. The involved soldier should not talk to outside agencies until the proper LEA arrives at the scene. The soldier's chain of command should get a brief verbal statement from the soldier involved in the incident. It should assign a companion soldier to the involved soldier to lend moral support; not allow the soldier to be interrogated without someone from the chain of command present, and ensure that fired weapons are holstered or secured consistent with acceptable evidence methods. If the investigating agency is required to retain the involved firearm, obtain a receipt for the weapon.
If, during the investigation, the investigating LEA advises the soldier of his or her rights, the soldier's chain of command should ensure that the soldier understands the Miranda rights. The involved soldiers should not be ordered to give a statement after advisement of his Miranda rights. The decision should be made by the involved soldier. The chain of command should make every effort to obtain a military attorney for the soldier once he or she has been advised of his or her rights.
LESSON(S): The chain of command should prepare soldiers tasked to participate in counterdrug operations. Preparation should include a briefing on post shooting procedures and what to expect during an investigation.
TOPIC: Weapons Qualification/Familiarization
DISCUSSION: It is unfortunate that not all soldiers in today's Army have the opportunity to fire their weapons for qualification on a regular basis. Before a soldier or unit is deployed to support counterdrug operations, each soldier should be required to undergo a weapons qualification or familiarization exercise.
LESSON(S): Soldiers that are familiar with their weapons are less likely to discharge them accidently and are more confident in conducting their duties.
TOPIC: Rules of Engagement (ROE) Training
DISCUSSION: All soldiers involved in counterdrug operations must be trained in ROE before operations begin. When units deploy to a theater of operations or to one of the combat training centers (CTCs), ROE training is conducted before departure. Since counterdrug operations usually are conducted among the civilian populace and in conjunction with a civilian LEA, military leadership must ensure that soldiers know and can apply the ROE. ROE should also be continually stressed during the operation.
LESSON(S): Soldiers trained in ROE are more confident in conducting their duties, are less likely to cause or be involved in a serious incident, and will present a good image to the public.
Table
of Contents
Chapter
2: Counterdrug Operations in South America
Appendix
A: Recommended Load List for Container Search Support
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