28 Jul 88
| From: | Rear Admiral William M. Fogarty, USN |
| To: | Commander in Chief, U.S. Central Command |
| Subj: | FORMAL INVESTIGATION INTO THE CIRCUMSTANCES SURROUNDING THE DOWNING OF A COMMERCIAL AIRLINER BY THE USS VINCENNES (CG 49) ON 3 JULY 1988 (U) |
| Ref: | (a) JAG Manual |
1. As directed by Commander in Chief, U.S. Central Command, and in accordance with reference (a), a formal investigation was convened on 3 July 1988. The original record of hearings and additional documents are forwarded.
2. The Investigating Officer, after inquiring in to all facts and circumstances connected with the incident which occasioned the investigation, and having considered the evidence, submits the following preliminary statement, executive summary, findings of fact, opinions and recommendations:
I. PRELIMINARY STATEMENT
1. By order of General George B. Crist, USMC, Commander in Chief, U.S. Central Command, dated 3 July 1988, Rear Admiral William M. Fogarty, USN, Director, Policy and Plans (J-5), U.S. Central Command, was appointed to conduct a formal investigation into the circumstances surrounding the downing of a commercial airliner by the USS VINCENNES on 3 July 1988.
2. The formal investigation was conducted at the Administrative Support Unit, Bahrain, with preliminary interviews and information gathering conducted by the investigating team on board USS VINCENNES (CG 49), USS ELMER MONTGOMERY (FF 1082), USS SIDES (FFG 14), and USS CORONADO (AGF 11), flagship for Commander, Joint Task Force Middle East (CJTFME).
3. Rear Admiral Fogarty, and an investigating team composed of five officers, arrived in Bahrain on the evening of 5 July 1988. Preliminary interviews began on board participating units on 6 July 1988. Two additional investigating team members arrived 9/10 July 1988, one by way of Commander, Seventh Fleet, where he gathered information on the USS VINCENNES pre-deployment training. CJTFME, RADM A. A. LESS, USN; USS VINCENNES Commanding Officer, CAPT W. Rogers, USN; USS VINCENNES Force Anti-Air Warfare Coordinator (FAAWC), and USS VINCENNES Tactical Action Officer (TAO), were designated as parties to the investigation. Formal hearings began on 13 July 1988 and closed on the afternoon of 19 July 1988.
