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Court of inquiry ordered in spec-ops case

JACKSONVILLE, N.C. — Soon, the world will have an idea of what went down the day a group of spec-ops Marines responded to an attack on their convoy in Afghanistan.

Allegations that the Marines killed as many as 19 Afghan civilians prompted a swift removal of the 120-man Marine Special Operations Company shortly after the March 4 incident. The Army general who expelled the company also ordered a Naval Criminal Investigative Service investigation.

Now, the evidence and results of that investigation will be reviewed in a court of inquiry ordered by Lt. Gen. Jim Mattis, commander of Marine Corps Forces Central Command.

A convening date has not been announced, though a MarCent press release indicates it will be “in the near future.” The inquiry will be held at Camp Lejeune, N.C., home of Marine Corps Forces Special Operations Command headquarters.

The incident, which involved a platoon of 30 Marines, resulted in a decision by MarSOC leaders to relieve the company commander and senior enlisted adviser. They, along with six other Marines in the company, were sent back to Camp Lejeune after the attack.

After reviewing the evidence, Mattis determined that the inquiry was the most appropriate forum “to thoroughly review and evaluate the facts and evidence developed by Naval Criminal Investigative Service investigators, as well as any other available sources of information,” according to a MarCent news release.

Courts of inquiry are rare. The last military court of inquiry was held in 2001 following the collision of the nuclear submarine Greeneville with a Japanese fishing vessel in which the Japanese boat sank and nine of its crew died.

The fact that Mattis has called for a court of inquiry into the MarSOC case says something, said Gene Fidell, president of the National Institute of Military Justice.

“It means it’s being handled with the utmost attention,” said Fidell, who teaches military justice at Yale Law School and American University.

“A court of inquiry is a very formal proceeding. It’s the gold standard. They’re burdensome. They’re expensive. They tie up a lot of people. But the fact that a command convenes a court of inquiry is a good indicator that the command is taking this very seriously.”

The proceeding is expected to last two weeks, MarCent officials said.

Court of inquiry is not a criminal proceeding. It will consist of at least three officers — senior commissioned officers with combat experience, in this case.

The panel will review the facts and evidence of the case, determining what happened and where responsibility lies.

“It can function as an Article 32 investigation,” Fidell said. “You can go directly to a court-martial.”

In one of the more notable differences between a court of inquiry and an Article 32, civilian witnesses may be summoned. A court of inquiry may also have a nonvoting legal adviser, and technical advisers can be called for consultations.

Mattis will review the panel’s findings and decide whether charges should be pursued.

Meanwhile, the Defense Department inspector general, prompted by a congressional inquiry, is looking into whether command influence played a role in Army Lt. Gen. Frank Kearney’s decision to kick MSOC out of Afghanistan.

At the time, Kearney was a two-star and the top special operations officer in the Middle East.

Rep. Walter Jones, R-N.C., sent a letter to Defense Secretary Robert Gates on Oct. 3 expressing his concern about Kearney’s actions.

Jones said that Marines involved in the incident are leaving the Corps because of Kearney’s decision, which he said also damaged the development of Marine spec ops and the Marines’ personal livelihood.