US Friendly Fire Pliot Sueing Air Force

[Aaron]

CBC

NEW ORLEANS - A U.S. fighter pilot appealing a dereliction of duty verdict in an accidental bombing that killed four Canadian soldiers in Afghanistan is also suing the Air Force.

Charles Gittins, the lawyer for Maj. Harry Schmidt, said the lawsuit will seek damages because the air force released documents to the public about the case.

On Tuesday, Schmidt was given a letter of reprimand and ordered to forfeit $5,600 US in pay. Gittins said the unprecedented release of the letter of reprimand to the media was a violation of Schmidt's privacy.

"The air force, in releasing the letter of reprimand, violated Maj. Schmidt's right to privacy protected under the Privacy Act of 1974," Gittins said.

"We believe that their conduct was intentional and malicious and we intend to seek redress. Maj. Schmidt is entitled to money damages, including his attorney's fees, for the violation of his privacy rights."

Gittins comments come a day after he said his client plans to appeal the dereliction of duty conviction.

In the reprimand, Lt.-Gen. Bruce Carlson slammed Schmidt's conduct, saying he "acted shamefully … exhibiting arrogance and a lack of flight discipline."

"The victims of your callous misbehaviour were from one of our staunch allies in Operation Enduring Freedom and were your comrades-in-arms," he wrote.

Schmidt was one of two National Guard pilots who dropped bombs during a nighttime, live-fire military exercise near Kandahar on an April 2002 mission.

The four soldiers were the first Canadians killed in combat since the Korean War. Eight others were wounded.

Schmidt maintains he was not briefed on the Canadian exercise before the flight. He says he was told in the briefing that Taliban fighters were active in the area.

Unfortunatly his punishment was the harshest we could expect since his request for a court martial was denied. Looks to me like he got away with murder, and pretty cheaply too. I find it odd that he has the right to sue the Air Force over a preach of privacy, I would have thought that he would have to submit a grievance through the system. Obviously the Americans system is vastlly different than the Canadian system in this regard.

[Alyeska]

He didn't murder anyone. He just made a major mistake and the people in charge of his career torpedoed it. That pilot is fucked. Never going to be promoted again, massive reprimand on the file that will follow him into civilian life.

What pisses me off is that he is CONTESTING this. Its already be prooven he was a fucking liar.

[Vympel]

I missed the recent news, what'd he lie about?

[Aaron]

I missed the recent news, what'd he lie about?

He claims that him and his wingman wern't briefed on the fact that there was a Canadian live fire exercise going on in the area. That has been proven to be untrue. In fact I distinctly remember having a briefing on this incident when it became apparent that several people in my unit knew the soldiers who were killed. They explicidly mentioned that the pilots had been briefed on the exercise.

[Aaron]

He didn't murder anyone. He just made a major mistake and the people in charge of his career torpedoed it. That pilot is fucked. Never going to be promoted again, massive reprimand on the file that will follow him into civilian life.

What pisses me off is that he is CONTESTING this. Its already be prooven he was a fucking liar.

Killing someone through negligence is manslaughter, which is murder by accident. Same thing in my book. Although it is somewhat satisfying that his career is now shitcanned. In fact he'll probably leave the Air Force after this is all over.

I think he's contesting it because they breached his privacy, not because he thinks he's right. But given the circumstances the Air Force had to make the reprimand public, they had to show us Canadians that they take this somewhat seriously.