9. All recruit training is supervised by the commanding general through the assistant chief of staff, G-3 (operations and training) (par. B2, Ct. Ex. 9b; R. 180, Q. 2-4). Detailed lesson plans and master training schedules (see Ct. Ex. 9) are prepared and transmitted to the recruit training battalions (R. 180, Q. 4-5), which in turn prepare weekly training schedules for each platoon. These weekly schedules provide the activity to be performed each hour of each weekday between reveille and 1900 (see Ct. Ex. 12); and in addition provide the place where the activity will occur, the instructor, the uniform to be worn, and the lesson plan to be followed. Deviation from the published schedule is not permitted without specific authorization from battalion headquarters (par. 2 to Encl. 3 of Ct. Ex. 9; and Ct. Ex. 12). In the evenings and on Sundays and holidays recruits are given time for recreation, letter writing, personal hygiene, religious services, etc. (R. 260, Q. 43-44; R. 288, Q. 67-79). Drill instructors are encouraged to give extra instructions of a constructive nature (par. C. 3.1, Ct. Ex. 9a), however, they are prohibited from giving extra instruction between taps and reveille (par. E16 b(6), Ct. Ex. 9a), and on Sundays and national holidays except during evening periods in preparation for the following day (par. C31, Ct. Ex. 9a).

10. The record further reflects the extreme importance attached to the selection of drill instructors, and the training and screening they are given before being permitted on the field. All personnel ordered to this depot for duty as drill instructors meet certain criteria established by the Commandant of the Marine Corps with respect to ability, motivation and aptitude (Encl. 3 to Ct. Ex. 9c). Upon arrival they are sent to a local drill instructors school for special training, and further screening (see Encl. (2) of Ct. Ex. 9c; R. 197-198, Q. 3-9). The school consists of 175 hours of training over a 5-week period which covers such subjects as drill, the M-1 rifle, equipment, leadership, etc. (R. 199, Q. 19; R. 201, Q. 30.) During the course each student is given a psychiatric screening to discover any psychoses or character disorders which might affect his value as a drill instructor (R. 152, Q. 20-23; R. 197, Q. 4-7), as a result of which from 10 to 20 percent of the students are screened out (R. 198, Q. 7). In addition, students are screened for motivation, ability and performance. In the last 25 months over 40 percent of all students have failed to pass the school (R. 199, Q. 16). Only graduates of the school are accepted as drill instructors at this depot (par. C3K, Čt. Ex. 9a).

11. The fact that drill instructors are repeatedly and meticulously schooled in the orders and policies of this command with respect to their treatment of recruits is evident from the record. The first lecture in Drill Instructors School emphasizes that maltreatment is prohibited, and "impossible to whitewash" (Ct. Ex. 14). Court Exhibit 20 demonstrates that the correct way to teach recruits is taught to each prospective drill instructor (see also R. 200-201, Q. 27–29). Each student of Drill Instructors School is issued a copy of the Standing Operating Procedure for Recruit Training Battalions (male) (Ct. Ex. 9a) which contains the basic orders and policies of this command with respect to treatment of recruits; and he is given 3 hours lecture on it (R. 199–200, Q. 19-26). Upon graduation, the commanding general of the depot personally addresses the graduates stating that he and his staff will not condone maltreatment (R. 200, Q. 27). Upon reporting to a battalion for assignment each drill instructor is instructed by the battalion commander that maltreatment will not be tolerated (see R. 261, Q. 54-56). Upon being assigned to a company the drill instructor is issued a copy of the Standing Operating Procedure for Recruit Training Battalions (R. 283, Q. 18-19, Ct. Ex. 9a) and is required to read it (R. 283, Q. 18-21, Ct. Ex. 15). The company commander, in the presence of the chief drill instructor, immediately acquaints the new drill instructor with the pertinent policies of the battalion commander (R. 284, Q. 25-26).

12. With respect to the factors affecting the selection and screening of S. Sgt. Matthew C. McKeon as a drill instructor, the record is abundant. Staff Sergeant McKeon was 31 years of age, married, and had two children (Ct. Ex. 8). He was a Catholic and attended church regularly (Ct. Ex. 8). His service record book (not in evidence) shows 101⁄2 years of service, interrupted between enlistments with 3 honorable discharges. He graduated from Drill Instructors School in February 1956, and ranked 14th out of the class of 55 graduates which began with a total of 90 students (R. 202, Q. 40-43). His average in the school was 84.90, considerably above the 80 average for all graduates the past 2 years (R. 202, Q. 44). On January 3, 1956, he was screened by the psychiatric observation unit, and was rated with the highest mark possible in "motivation," "emotional stability" and "hostility factors," and better than average on "achievement" (Ct. Ex. 8). He was concluded to be a "mature, stable appearing career marine" (Ct. Ex. 8). He had personally been briefed on policies of this command by the commanding general (at graduation) by his battalion commander (R. 261, Q. 54-58) and by

his company commander (R. 284, Q. 25-28). His work with the platoon (71) was of such quality that it met with the marked approval of his superiors (R. 279–280, Q. 124–125; R. 284, Q. 30-32; R. 301, Q. 15-19; R. 307, Q. 17-20). There is no indication of irregularities in his handling of platoon 71 prior to 8 April 1956.

13. Opinions 1 and 2 (R. 348) are to the effect that there was adequate supervision over both the drill instructor and platoon in question. The opinions are undoubtedly based, in part, upon the continuing supervision shown by the record to be routine at this depot. Such supervision falls roughly into two categories: (1) Supervision of the training and training program; and (2) security of the areas occupied by recruits to detect unauthorized activity.

Each will be discussed separately.

14. With respect to the training program, supervision begins at the depot level by the commanding general through the Assistant Chief of Staff, G-3 (R. 180, Q. 3-4). It is continued in the battalion by the commanding officer, the executive officer, and the S-3 who all spend as much time on the field as possible (par. D3d, Ct. Ex. 9a; R. 264, Q. 76).

While platoons are at the rifle range they are occasionally visited by their battalion commander (see R. 274, Q. 64) and their company commander (see R. 285, Q. 34) to determine how they are progressing. Classroom instructions and field exercises are monitored by a battalion cross-monitoring system in which written reports are made (R. 264, Q. 76). Further, the Drill Instructors School (R. 212, Q. 152-157) and the field sergeant major (R. 264: Q. 77; R. 300, Q. 11-13) monitor instruction periods at unscheduled times. The primary duty of recruit company commanders is to supervise the training (par. D.3d; Ct., Ex.9a: see R. 285, Q. 34-37). The chief drill instructor of the companies also supervises the training (R. 306, Q. 6–10). Of course, the senior drill instructor supervises the junior drill instructors. At weapons training battalion, the training is under the supervision of Colonel McKean (R. 216, Q. 7) acting independently and through such subordinates as the range coordinator, liaison NCO, etc. (R. 217, Q. 11-12). The foregoing, while showing the emphasis placed upon supervision of training, has little value in explaining an incident that occurred outside training hours and outside a training area.

15. Of more importance is the general supervision of the areas occupied by recruits from the standpoint of maintaining good order and discipline. During all nonworking hours, the depot maintains a staff duty officer to act for the general and special staffs. A depot officer of the day is maintained around the clock (see R. 111, Q. 14; 315, Q. 2).

Recruit battalions maintain, outside working hours, a battalion duty officer, a commander of the guard, a sergeant of the guard, 3 corporals of the guard, and 13 posts manned by members of the guard (R. 265, Q. 78; Ct. Ex. 13). In addition, the battalion commander (R. 265, Q. 79-80), company commander (R. 285-6; Q. 41-45), and chief drill instructor (R. 306, Q. 11-13) make unscheduled afterhours inspections when the platoon is under operational control of the recruit battalion. While the recruit platoons are at the rifle range, weapons training battalion exercises afterhours security. This is accomplished by unscheduled inspections by the commanding and executive officers (R. 217, Q. 12) and by constant supervision by the weapons battalion officer of the day, the commander of the guard, and the liaison duty NCO (R. 219, Q. 24-27; R. 243-245, Q. 5–21; R. 237, Q. 19-21, Ct. Ex. 11). At night, there are in addition to the foregoing, a sergeant of the guard, corporals of the guard, and 12 sentries on duty, including 5 challenging posts around the armory and ammunition sheds (R. 219-220, Q. 28–35; R. 242; Ct. Ex. 11). In addition, each platoon has with it at all times a duty drill instructor whose duty it is to maintain order. He is subject at all times to visits by his fellow drill instructors, both on and off duty, including his senior drill instructor. The provost marshal maintains a 24-hour motorized patrol which makes periodic trips throughout all areas of the depot, including weapons training battalion area (see Ct. Ex. 11).

16. The specific supervision which was in effect on April 8, 1956, with respect to platoon 71 is displayed in the record. In addition to the depot staff-duty officer and the depot officer of the day, who are on general duty and who exercise no direct supervision over the area, the weapons training battalion maintains an officer of the day, a commander of the guard, a sergeant of the guard, corporal of the guard, 12 sentry posts, and 7 other security personnel, including a liaison duty NCO who were on duty throughout the day and night of Sunday, April 8, 1956, and who were physically present and performing their duties as such at all times in question (R: 243, Q. 5-27; R. 107, Q. 5; Ct. Ex. 11). The area was inspected by the officer of the day approximately 45 minutes before the march began (R. 247, Q. 49), at which time the members of platoon 71 were in their

barracks (see testimony of recruits). He then attended the opening of the Lyceum (motion-picture theater) as required by his orders, and was approximately 175 yards from barracks 761 when the march began (see Ct. Ex. 2).

The commander of the guard had inspected the area before dark. The liaison NCO had an assistant on duty. Although he was not on duty, Staff Sergeant Huff, senior drill instructor of platoon 71, vested the platoon area during the march, but finding no one there he assumed that the platoon was at the Lyceum (R. 125, Q. 10-16). S. Sgt. Matthew C. McKeon was on duty with platoon 71 and was charged with its security (Ct. Ex. 1). Although the platoon was not challenged on its march to Ribbon Creek, its presence at Ribbon Creek was observed and reported by a member of the guard, as a result of which the commander of the guard and the officer of the day were immediately notified and went to the scene (R. 108, Q. 7-10; R. 11, Q. 9-14). This was done before there was any intimation that death or injury might have occurred to any recruit.

17. The principal policy of this depot in regard to recruit-drill instructor relationship is embodied in depot order 1510.11, formerly depot general order 348, known as the Standing Operatia Procedure for Recruit Training Battalions (Male) and which is appended to the record as Court Exhibit 9a. The problem is approached from two directions in the order; the positive approach which directs that certain things be done by the drill instructor, and the negative approach which prohibits other things from being done by him. The bulk of depot order 1510.11 is devoted to the positive approach. Some of the highlights of its requirements are paragraph B5c, which states the responsibility of the senior drill instructor; paragraph Cic, which provides that recruit personnel will be treated in accordance with the principles outlined in the various service guides and manuals, such as FM 22-10, and will be kept gainfully occupied with the training schedule; paragraph C3d, which lists certain privileges that will be afforded recruits; paragraph C3d, and C3e, which outline the broad duties of the senior and junior drill instructors; paragraph C3m, which requires officers and noncommissioned officers to take direct action to stop maltreatment or improper control of recruit platoons where there is a threat to health and well-being; paragraph C5, which provides that training facilities will be used as scheduled; paragraph Dla (2) and (3), which provide that training will be conducted according to schedules prepared by the battalions; paragraph E10, which states that nonjudicial punishment will be administered only by battalion commanders; and paragraph E23b, which requires recruit platoons marching at night to wear white towels as scarves and to be equipped with at least two flashlights or lanterns. 18. Certain negative prohibitions are also contained in depot order 1510.11, although they are largely redundant of the provisions of the Uniform Code of Military Justice which forbid assaults, cruelty, oppression, maltreatment and other offenses against the person or property of a recruit. Paragraphs E.ly and E.17 repeat for emphasis certain prohibitions against maltreatment and extortion, and expand somewhat on the scope of maltreatment by prohibiting irregularities (acts not according to established law, order, or custom), abusive hazing, interference with certain privileges of recruits, mass punishment, interruption of sleep, and so forth. Also, paragraph C.17.f prohibits the use of physical drill as punishment; and paragraph C.3.1. prohibits extra instruction between taps and reveille, and on Sundays and national holidays except during the evening periods in preparation for the following day. Other depot orders which are of interest to the inquiry are: Depot order 5000.1 (depot regulations, par. 19-20 of which prohibits bathing or swimming in waters adjacent to Parris Island (Ct. Ex. 18), and par. 19-5 (b) of which prohibits the possession and/or use of alcoholic beverages for beverage purposes in barracks; depot order 1746.2 (par. 9) which prohibits the transportation to and consumption in any place other than married quarters of packaged alcoholic beverages purchased at the staff NCO club package store (Ct. Ex. 9d); and, of indirect interest, depot order 1510.12 which places the marshes around Elliots Beach out of bounds for training purposes (Ct. Ex. 19b).

19. The record of proceedings supports a detail reconstruction of the data, facts, and events immediately surrounding the tragedy. Platoon 71 was formed on February 23, 1956, with 75 men in the platoon (Ct. Ex. 21). It was assigned to A Company, 3d Recruit Training Battalion in accordance with the procedure outlined in paragraph 5, above. S. Sgt. Edward A. Huff was assigned to the platoon as senior drill instructor, and S. Sgt. Matthew C. McKeon and Sgt. Richard J. King were assigned as junior drill instructors (R. 125, Q. 4 and 5; R. 135, Q. 2). On April 8, 1956, the strength of the platoon had increased by additions and transfers to 78 men (Ct. Ex. 21). It was beginning its fifth week of training, its second week at the rifle range, and was quartered in barracks 761 at the rifle range (R. 125, Q. 10). It was under the administrative control of the 3d

Recruit Training Battalion (R. 255, Q. 5-16) and the operational control of Weapons Training Battalion (R. 215, Q. 3-10). The platoon was not on mess duty, and was enjoying holiday routine. The duty drill instructor was S. Sgt. Matthew C. McKeon, who assumed the duty as such for the weekend at 1,200 hours, April 7, 1956 (Ct. Ex. 1).

20. A chronology of pertinent events with respect to Platoon 71 and Sergeant McKeon between 0500 and 2000 hours, April 8, 1956, is as follows: Between 0500 and 0600, reveille (Ct. Ex. 1); 0630, Catholic mass (Ct. Ex. 7); 0730, breakfast (Ct. Ex. 7), 0900, Protestant services (Ct. Ex. 7); approximately 1030 during either a smoking break or a clothes washing period a few members of the platoon were observed lying on the grass, presumably asleep (Ct. Ex. 1; R. 139, Q. 68-74); between 1030 and 1100, a field day was ordered by Sergeant McKeon to be conducted and was subsequently conducted (Ct. Ex. 1; R. 139, Q. 69-72); approximately 1100 Sergeant McKeon and T. Sgt. Elwyn B. Scarborough brought a four-fifths quart bottle containing over one-half its capacity of vodka to the room assigned the drill instructors of Platoon 71 in barracks 761 (R. 143, Q. 24-30); from 1100 until 1200, Sergeant McKeon, Sergeant Scarborough, and Sgt. Richard J. King drank vodka in the drill instructors' room of barracks 761 (R. 135, Q. 14-30; R. 143, Q. 30-39); between 1200 and 1230 Sergeants McKeon and Scarborough left the remainder of the vodka in the room and went to the barroom of the staff NCO club (R. 136, Q. 31-33; R. 144, Q. 40-48); 1255, Sergeant King took Platoon 71 to noon meal (R. 137, Q. 33-35); between 1330 and 1400 Sergeant McKeon returned with the platoon's mail (R. 137, Q. 35-41); from 1400 to 1500, Sergeant McKeon slept (R. 137, Q. 42-43); 1730, evening meal (Ct. Ex. 7); from 1830 to 1930, Protestant hymn singing in the old depot chapel and Catholic Novena in the new depot chapel (Ct. Ex. 7); approximately 1900, a field day in barracks 761 for those members of Platoon 71 who were not at religious services (R. 13, Q. 13; R. 19, Q. 17; R. 26, Q. 13; R. 40, Q. 10); approximately 2000, Sergeant McKeon called Pvt. Davis H. McPherson into the drill instructors' room, spoke to him about methods of instilling discipline in Platoon 71, took a drink of vodka, and announced that the platoon would be marched into the swamps (R. 87, Q. 13-29).

21. A reconstruction of the march to Ribbon Creek is also obtainable from the record. Seventy-four recruits of Platoon 71 fell out and formed ranks in front of barracks 761 at or shortly after 2000 hours, April 8, 1956 (R. 13, Q. 14; R. 20, Q. 21). Staff Sergeant McKeon took charge of the platoon and led it at route step into the area of the rifle ranges (R. 6, Q. 19; R, 13, Q. 18; R. 20, Q. 25). The platoon proceeded without further command and without march discipline in an irregular column between A and B ranges to the rear of B butts, where the column turned right, and proceeded behind B butts to a point behind C butts, where it turned left, across a narrow strip of marsh, to the banks of Ribbon Creek (see testimony of recruits). At some time during the march Staff Sergeant McKeon asked if there were any nonswimmers in the platoon, to which several replied "Yes, sir" (R. 78, Q. 11-13; R. 80, Q. 36-47). Staff Sergeant McKeon remarked that all recruits who could not swim would drowr, and those that could swim would be eaten by the sharks (R. 41, Q. 16; R. 65, Q. 14; R. 85, Q. 18; R. 92, Q. 28; R. 99, Q. 66). The weather was cool. Although the night was clear, it was dark and moonless (R. 338), and there was no artificial light in the area. The platoon carried no lights (R. 17, Q. 61-62). It reached the bank of Ribbon Creek about 2030 hours.

22. Ribbon Creek is a typical tidal stream, broadening to over 200 feet in width at high tide and narrowing to about 100 feet at low tide (see Ct. Ex. 4 and 5). Its depth at low tide was generally shallow-waist deep or less-except for a deeper area over 100 yards long known as the "trout hole," which averaged 6 feet in depth at low tide and approached the rear of C Butts (R. 3, Q. 3-4). At 2030 hours April 8, 1956, the tide was high but ebbing, it being 2 hours after a high tide of 7.2 feet and 4.5 hours before low tide (R. 166, Q. 19-20). The bottom of Ribbon Creek was a deep layer of soft, viscous muck spotted with occasional oyster beds and clusters, much of which would have been visible at low tide (R. 6, Q. 25; R. 33, Q. 31). The water temperature was cool.

2. Staff Sergeant McKeon led the column into the mud and water of Ribbon Creek for a short distance where the water reached a depth described as from knee to waist deep (R. 23, Q. 25; R. 56, Q. 35-36); he made a right turn and proceeded parallel to the bank, upstream, for a distance estimated to be more than 30 yards and traveled in water described as being from waist to shoulder deep (R. 37, Q. 76-79; R. 56, Q. 35-37); he then turned left toward midstream for

a short distance into shoulder-deep water, and turned left again, heading downstream parallel with the banks (R. 51, Q. 53). The column behind him followed generally in his path, although some went into deeper water (R. 56, Q. 38-41). Some of the recruits went into water over their heads while others swam because it was easier than walking in the mud (R. 33, Q. 30-31). On at least two occasions Sergeant McKeon paused to ask if everyone was all right, and when he received the answer "Yes, sir," he went into deeper water (R. 27, Q. 27; R. 33, Q. 25; R. 59, Q. 21). On one occasion Sergeant McKeon was overheard to remark to those near him that troops should stay in the shadows when wading in combat (R. 14, Q. 31; R. 27, Q. 23; R. 30, Q. 52-54). After a period of time testified to be 15 to 20 minutes in the water, someone called for help, and a general panic ensued (R. 27, Q. 27–30; R. 34, Q. 38). Many of the recruits began fighting desperately to get to shallow water, and pulled others down. Some in shallow water went into deeper water to help their comrades (R. 68, Q. 25-34; R. 74, Q. 23-25; R. 75, Q. 12-20). When the last survivors were pulled from the water, seven recruits were missing. One was across the creek on an island; six were drowned.

24. Meanwhile, the presence of the platoon in the area was detected by a member of the Weapons Battalion Guard. The corporal of the guard was notified, and he, in turn, notified the commander of the guard. The commander of the guard immediately went to the scene, and arrived before the last survivors were out of the water (R. 180, Q. 7). The officer of the day was called, and search and rescue operations began immediately, before the platoon returned to its barracks (R. 108, Q. 12; R. 111, Q. 10-11; R. 112, Q. 18). Several survivors were taken to the sickbay for examination (R. 108, Q. 12; R. 111, Q. 14). Patrols were sent up and down stream looking for survivors. One survivor was found across the creek on an island (R. 108, Q. 19-20). Boats were obtained as rapidly as possible, and when operations were begun (R. 223, Q. 50). Helicopters and fixed wing aircraft joined the search the next morning. The search continued until all six bodies were found.

25. The foregoing summary of the facts has been taken from the record to demonstrate that the investigation was sufficiently broad in scope to answer questions which go beyond the immediate cause of the incident and explore the measures that had been taken to prevent the occurrence of such an event. Some of these questions, with the answer sustained by the record, will be posed in the following paragraphs.

26. The first question concerns the existence of absence of orders which, if obeyed, would have prevented the tragedy. Paragraphs 17 and 18, above, summarize the orders shown by the record to be pertinent to the incident. In simple terms, the question is: Were these orders, if obeyed, reasonably sufficient to safeguard against this type incident? The answer is complex, and will be approached in parts:

a. The type of conduct that is called into question by this incident is, in the broad sense, any offense by a drill instructor against the person of a recruit. Offenses against the person are prohibited by the basic military law-the Uniform Code of Military Justice. Of paramount interest are: Article 93, prohibiting cruelty, oppression, and maltreatment of persons subject to one's order; article 128, prohibiting assaults; and article 134, the general article. As these prohibitions apply to drill instructors, there are few offenses against the person of a recruit which drill instructors may commit which are not prohibited by some part of the code. Nevertheless, an effort has been made in Depot Order 1510.11 (Depot General Order 34, Ct. Ex. 9a) to emphasize sensitive areas by prohibiting those acts which might reasonably be foreseen to occur, even though they are already prohibited by the code. Also, there may be some question as to whether or not certain acts are prohibited by the code, in which case effort has been made to remove the doubt. The list is by no means exhaustive, and indeed, could not be; for it is impractical, if not impossible, to list all the forms of maltreatment (for example) the individual mind might conceive.

b. The second type of conduct called into question is that which, although relating to some phase of training, is conducted with undue repetition or rigor for the purpose of individual or mass punishment. The Uniform Code of Military Justice restricts punishment, nonjudicial and judicial, to commanding officers and higher authority. Thus drill instructors are not authorized to adjudge or administer any form of punishment. To do so is considered a violation of article 98, if not some other provision of the code. In order to prevent an abuse of the rigorous and exacting training program as a subterfuge when the real purpose is punitive, certain negative restraints have been placed upon the type and extent