Downloaded from https://www.everyspec.com c. Notification and reporting of accidents occurring in combat . Notification to USACR/SC for all on-duty Class A, Class B, and aviation Class C accidents will be immediate. The senior tactical commander may determine that the situation, conditions, and/or time does not permit normal investigation and for accident report submission. For all other classes of accidents, notification, and reporting procedures will be in accordance with other sections of this regulation.
(1) Authority to waive normal investigation and reporting procedures for Class A and Class B accidents is delegated to the senior tactical commander at the level determined appropriate by the Army Headquarters, theater Army, or equivalent level. Whenever possible, normal investigations should be conducted on all accidents with potential Armywide impact (for example, materiel failure accidents). In cases in which normal investigation and reporting will not be performed, the report of investigation will identify that fact and the name and rank of the official who authorized the waiver.
(2) Notification will be immediate via IN tool, e-mail, message (via Defense Message System), or telephone to the USACR/SC. The notification will include as much of the information required by the telephonic worksheet as can be determined. (3) A completed report must be submitted as soon as conditions permit, not later than 60 calendar days, and will serve as the official accident report. No follow-up is required. 3–9. Accountability for Army accidents a. The purpose of accountability in this regulation is to address the most likely organization to affect corrective actions. Accidents normally will be charged in the following order of precedence:
(1) The unit or element having operational control of the equipment or facility. (2) The unit having operational control of the most responsible person. (3) The unit or organization to which the injured person(s) is assigned. b. Exceptions to the above include, but are not limited to, the following: (1) Design-induced failure or malfunction . An Army accident caused solely by design-induced failure or malfunc- tion will be recorded as a “materiel” accident and will be charged to a special HQDA accident account. The unit experiencing the failure or malfunction is required to submit an equipment improvement report (EIR) or SF 368 (Product Quality Deficiency Report).
A copy of the EIR/SF 368 will be submitted with each accident report that identifies a material defect as a primary/contributing or secondary/noncontributing cause factor. Note. When appropriate, it is the unit commander’s responsibility to ensure that an SF 368 or EIR for Category II or message for Category I is completed and forwarded to the appropriate agency per AR 750–6, DA Pam 750–8, or DA Pam 738–751. The USACR/SC and the appropriate Army Headquarters will be information addressees on all Category I EIRs and product quality deficiency reports. (2) Environmental factors .
Accidents caused solely by environmental factors (for example, high winds, hail, and lightning) will be reported and recorded in ASMIS as an “environmental” accident. They will be charged to a special HQDA account unless the accident could have been avoided by command action. If the accident investigation board determines an accident could have been avoided by the command taking preventive action, the accident will be charged to the activity having operational control of the equipment or the activity to which the persons involved in the accident are assigned. (3) Special cases .
(a) Accidents involving persons on temporary duty (TDY) pass, or military leave will be charged to the activity or Army Headquarters to which the person is permanently assigned. For the military, “permanently assigned” means on the Standard Installation/Division Personnel System or Military Personnel Office unit strength report. For Army civilians, it means assigned by current SF 50–B (Notification of Personnel Action). (b) Accidents involving Army students and foreign military students on TDY, longer than 30 days at an Army school, will be charged to the school’s Army Headquarters office.
(c) Accidents involving military personnel in permanent change of station (PCS) status (with or without leave) or Army civilians in PCS status will be charged to the losing unit. The PCS status ends on the assignment order reporting date or arrival date, whichever occurs first. (d) Accidents involving Soldiers assigned to a personnel control facility for disciplinary reasons, pending separation in which the Soldier is not under the control of the facility, or after being dropped from the unit rolls while in an absent without leave status at the time of the accident will be charged to a DA account. c.
If a conflict in determining accountability between Army Headquarters cannot be resolved within command channels, the commanders involved will submit a formal request for a decision to the DASAF. The request will include a summary of circumstances, statements of involved commanders, and recommendations. These actions are separate from accident investigation requirements and will not restrict or impede the investigation and reporting process. The final determination for accountability will be made by the DASAF based on— (1) Teardown and analysis results. (2) Recommendations and analysis prepared by the accident investigation board. (3) Analysis of the accident report.
26 AR 385–10 • 23 August 2007/RAR 14 June 2010