He Refused Deal; Doesn't Trust Administrative Hearing

Air Force Major Harry Schmidt doesn't think he did anything wrong, in the accidental bombing that killed four Canadian soldiers and wounded eight, in April of last year.

The Air Force, wishing to keep the details of the mishap as quiet as possible, offered deals to Schmidt and another pilot, deals which would allow them to not face courts-martial and possible homicide charges.

The lead pilot on the deadly mission, Maj. Richard Umbach, requested and was granted early retirement last week, without admitting guilt; Schmidt was nailed with an Article 15 proceeding, which could have led to serious charges, including forfeiture of one half of one-month’s pay per month for two months, arrest in quarters for 30 days, restriction to specified geographical limits for 60 days and a reprimand. Schmidt’s actions were also to have been reviewed by a flying-evaluation board to determine whether he should be permitted to fly Air Force aircraft in the future. A board review is not dependent on the outcome of the separate Article 15 action.

Maj. Schmidt wants his day in court -- such 'court' as a court-martial proceeding can be. In a court-martial, he could face charges of aggravated assault, involuntary manslaughter and dereliction of duty. Still, he sees a court-martial as a better deal than a hearing in which the judges' minds are made up, ahead of time.

An AP report says, "Schmidt’s lawyer, Charles W. Gittins, said in an e-mailed statement that the pilot decided against the administrative hearing because he believed he could not get a fair hearing. The administrative hearing would have been overseen by Lt. Gen. Bruce Carlson, who Gittins said has already determined Schmidt is guilty."

Schmidt, 37, now an Illinois National Guardsman, was an instructor at the Navy's "Top Gun" school, at the end of a career as a decorated Naval aviator.

FMI: www.af.mil