Criminal charges will not be filed against a construction company for the electrocution death of a Green Beret Soldier who died while showering in his barracks in Iraq. The military investigation found insufficient evidence to prove intent to commit the crime or culpable negligence, and while no one is criminally culpable in his death, the investigation showed a breach of duty of care for both the contractor and the military commanders who should have provided oversight.

Breach of Duty of Care

This incident has resulted in established procedures to ensure quality performance of construction in Iraq. Failure of the system appears to have been many small issues that culminated in a tragic event. The military investigators found that both contractors and government employees “breached their respective duties of care” identifying that while they complied with the current procedures and regulations at the time, those procedures were not thorough enough to prevent harm.

Correction of Procedures

A military investigation focuses on the intent and culpability or negligence as it relates to the Uniform Code of Military Justice. It appears in this case, the investigators could find no one person or system liable for the death, but a collection of smaller events or failures, which individually would not have caused the death. Those individual events or failures are then analyzed and corrections to procedures and regulations are identified to prevent this type of failure in the future.

Application of Military Justice

While this does not account for the loss of a Soldier, nor provide any comfort to the family nor restore his life, the military justice system does provide one answer. It is designed to thoroughly review actions on the battlefield or in garrison to ensure that anyone who does have intent to harm one of our own military members is brought to full accounting for their actions.