Maj Harry M. Schmidt
Charge I: Violation of the UCMJ, Article 92
Specification: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then--
constituted as the 170th Expeditionary Fighter Squadron, 332nd Air Expeditionary
Group, United States Air Force, then—deployed at a forward operating location, who
knew or should have known of his duties as the wingman and an aircraft commander in a
two-ship flight of F-16 aircraft, in the vicinity of Kandahar, Afghanistan, on or about 17
April 2002, was derelict in the performance of those duties in that he willfully failed to
exercise appropriate flight discipline over his aircraft and failed to comply with the
applicable rules of engagement and special instructions to airmen in effect on that date in
that area of operations, as it was his duty to do.
Charge II: Violation of the UCMJ, Article 119
Specification 1: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then--
constituted as the 170th Expeditionary Fighter Squadron, 332nd Air Expeditionary
Group, United States Air Force, then-deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, by culpable negligence,
unlawfully kill Sergeant Marc Daniel Leger, “A” Company, 3rd Battalion, Princess
Patricia’s Canadian Light Infantry, 1 Canadian Mechanized Brigade Group, Canadian
Forces, by causing mortal injuries upon his person with a 500 pound laser guided bomb.
Specification 2: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then--
constituted as the 170th Expeditionary Fighter Squadron, 332nd Air Expeditionary
Group, United States Air Force, then—deployed at a forward operating location, did, in
the vicinity of Kandahar, Afghanistan, on or about 17 April 2002, by culpable
negligence, unlawfully kill Corporal Ainsworth Dyer, “A” Company, 3rd Battalion,
Princess Patricia’s Canadian Light Infantry, 1 Canadian Mechanized Brigade Group,
Canadian Forces, by causing mortal injuries upon his person with a 500 pound laser
guided bomb.
Specification 3: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then--
constituted as the 170th Expeditionary Fighter Squadron, 332nd Air Expeditionary
Group, United States Air Force, then—deployed at a forward operating location, did, in
the vicinity of Kandahar, Afghanistan, on or about 17 April 2002, by culpable
negligence, unlawfully kill Private Richard Anthony Green, “A” Company, 3rd Battalion,
Princess Patricia’s Canadian Light Infantry, 1 Canadian Mechanized Brigade Group,
Canadian Forces, by causing mortal injuries upon his person with a 500 pound laser
guide bomb.
Specification 4: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then--
constituted as the 170th Expeditionary Fighter Squadron, 332nd Air Expeditionary
Group, United States Air Force, then—deployed at a forward operating location, did, in
the vicinity of Kandahar, Afghanistan, on or about 17 April 2002, by culpable
negligence, unlawfully kill Private Nathan Lloyd Smith, “A” Company, 3rd Battalion,
Princess Patricia’s Canadian Light Infantry, 1 Canadian Mechanized Brigade Group,
Canadian Forces, by causing mortal injuries upon his person with a 500 lb laser guided
bomb.
Charge III: Violation of the UCMJ, Article 128
Specification 1: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332nd Air Expeditionary
Group, United States Air Force, then—deployed at a forward operating location, did, in
the vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault
upon Sergeant Lorne Ford, “A” Company, 3rd Battalion, Princess Patricia’s Canadian
Light Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by directing at
or near him a means likely to produce death or grievous bodily harm, to wit: a 500 pound
laser guided bomb.
Specification 2: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332 Air Expeditionary Group,
United States Air Force, then—deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault upon
Corporal Rene Paquette, “A” Company, 3rd Battalion, Princess Patricia’s Canadian Light
Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by directing at or
near him a means likely to produce death or grievous bodily harm, to wit: a 500 pound
laser guided bomb.
Specification 3: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332 Air Expeditionary Group,
United States Air Force, then—deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault upon
Corporal Brett Perry, “A” Company, 3rd Battalion, Princess Patricia’s Canadian Light
Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by directing at or
near him a means likely to produce death or grievous bodily harm, to wit: a 500 pound
laser guided bomb.
Specification 4: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332 Air Expeditionary Group,
United States Air Force, then—deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault upon
Private Norman Link, “A” Company, 3rd Battalion, Princess Patricia’s Canadian Light
Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by directing at or
near him a means likely to produce death or grievous bodily harm, to wit: a 500 pound
laser guided bomb.
Specification 5: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332 Air Expeditionary Group,
United States Air Force, then—deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault upon
Corporal Brian Decaire, “A” Company, 3rd Battalion, Princess Patricia’s Canadian Light
Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by directing at or
near him a means likely to produce death or grievous bodily harm, to wit: a 500 pound
laser guided bomb.
Specification 6: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332 Air Expeditionary Group,
United States Air Force, then—deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault upon
Master Corporal Curtis Hollister, “A” Company, 3rd Battalion, Princess Patricia’s
Canadian Light Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by
directing at or near him a means likely to produce death or grievous bodily harm, to wit: a
500 pound laser guided bomb.
Specification 7: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332 Air Expeditionary Group,
United States Air Force, then—deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault upon
Master Corporal Stanley P. Clarke, “A” Company, 3rd Battalion, Princess Patricia’s
Canadian Light Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by
directing at or near him a means likely to produce death or grievous bodily harm, to wit: a
500 pound laser guided bomb.
Specification 8: In that Major Harry M. Schmidt, 170th Fighter Squadron (ANG), then—
constituted as the 170th Expeditionary Fighter Squadron, 332 Air Expeditionary Group,
United States Air Force, then—deployed at a forward operating location, did, in the
vicinity of Kandahar, Afghanistan, on or about 17 April 2002, commit an assault upon
Corporal Shane Brennan, “A” Company, 3rd Battalion, Princess Patricia’s Canadian
Light Infantry, 1 Canadian Mechanized Brigade Group, Canadian Forces, by directing at
or near him a means likely to produce death or grievous bodily harm, to wit: a 500 pound
laser guided bomb.