DEPARTMENT OF THE ARMY

H TROOP, 2ND SQUADRON 16TH CAVALRY 316TH CAVALRY BRIGADE, US ARMY ARMOR SCHOOL BLDG 5144, 13TH ARMORED REGIMENT ROAD FORT BENNING, GA 31905

REPLY TO ATTENTION OF

ATZK-SBB-B MEMORANDUM FOR RECORD SUBJECT: Appointment of Informal Investigating Officer

20Sept2011

1. I am hereby appointed an informal investigating officer pursuant to Army Regulation 15-6, Procedure for Investigating Officers and Boards of Officers, 2 November 2006, Chapter 4, to conduct an investigation into reports that at a negligent discharge occurred while Hawk Troop 316 Cavalry conducted daytime tank gunnery. The report of investigation must include, but not be limited to, findings regarding: that the negligent discharge was avoidable, how the negligent discharge happened, the extent of of any action for corrective training or additional training, what actions the cadre took upon discovery of the situation, what additional measure should be taken to prevent negligent discharges. 2. This investigation is my primary duty outside while not in class or training for Armor Basic Officer Leaders Course. Before I begin my investigation I should contact CPT. Cushman if any questions come up during the course of this investigation. I will consult with him before proceeding, coordinate with him as necessary during the course of this investigation and submit my completed report of investigation to him for review prior to completing all assigned tasks. 3. I will conduct this investigation using the informal procedures outlined in AR 15-6, Chapter 4. No individual has been named a respondent at this time. All witnesses will be sworn prior to being interviewed. I will be thoroughly document all witness interviews in writing, preferably on a DA Form 2823 (sworn statement) If, in the course of the investigation, I find that the negligent discharge occurred I will advise that person person of his or her rights under the Fifth Amendment of the U.S. Constitution (civilian) or under Article 31, Uniform Code of Military Justice (military) prior to questioning. Witness waivers of article 31 or Fifth Amendment will be documented on a DA 3881 (Rights Warning Procedure/ Waiver Certificate). In addition, I will provide each witness with a Privacy Act Statement before I solicit any information. If, in the course of the investigation, I believe an officer or civilian employee senior to me has committed misconduct, I will immediately consult CPT. Cushman before proceeding further. 4. I will make recommendations based upon my findings. Submit my findings and recommendations on a DA Form 1574 (Report of Proceedings by an Investigating Officer/Board of Officers). I will also make findings and recommendations on any allegations of impropriety that I discover during my investigation. 5. I will submit my final report of investigation to CPT. Cushman within 24 hours of the date of this memorandum. Any request for modification of this suspense, or to the scope of your investigation will be submitted to CPT. Cushman for approval. 6. Point of Contact is Tyler B. Smith at tyler.boyd.smith@us.army.mil or (913) 484-1944

Tyler B. Smith 2LT, AR