Mishaps, Media and You!

Flying Safety, April, 2002 by George Col Clark, David C. Lt Col Talley, Jeffery A. CMSGT Moening

Once a safety officer assigned to the Disaster Control Group, or an Interim Safety Board or SIB member interviews you under a promise of confidentiality, another rule kicks in. Air Force Instruction 91-204 prohibits you from identifying what questions you were asked by safety investigators or what responses you gave, or identifying any other information discussed during the interview. That prohibition is permanent. Improper disclosure can carry criminal penalties.

After the Accident Investigation Board (AIB) forms, there are more rules about the release of information. This information includes the status of search and rescue missions, recovery of remains, salvage, and the progress of the investigation. The MB president can release information collected by the investigation to the public before the report is approved and released, but it will require convening authority (typically the MAJCOM commander) approval. JA, PA and the AIB and SIB presidents will all coordinate. If the accident involved fatalities, then nothing can be released until the Chief of Staff has approved. The information in question includes your testimony to the AIB!

During an AIB interview, you may be given information collected by the board. Perhaps they are trying to clarify or guide your testimony, or they may be asking for your expert assistance. You are prohibited from disclosing that information without the AIB president's approval or until the AIB report is approved and released. This prohibition carries potential criminal penalties. Further, as stated above, the AIB president will direct you not to disclose your testimony to anyone until the report is approved and released.

After the AIB report has been released, you must still be careful. If there are any potential claims or litigation arising out of the mishap, the convening authority's JA must be consulted. In general, the Air Force wants to remain a neutral party in private litigation and will only allow our personnel to testify as fact witnesses in litigation after receiving approval to do so. They are prohibited from giving personal opinions or providing expert testimony unless, again, they are given specific authorization. It is also the policy of the JA office responsible for aerospace claims and litigation not to allow Air Force members to talk with attorneys, private investigators or parties involved in claims or litigation without express approval. And if you get invited to a deposition, there will be an Air Force attorney present.

Like we said...the minefield is real and extensive. Before you give an interview or make a statement to the media, here are some simple rules of thumb:

* Stay calm.

* Think before you act or speak.

* Seek guidance from your chain of command.

* If it's appropriate to give an interview, your responses should be factual.

* Never offer your personal opinion about the cause of a mishap.

Remember, your chain of command is there to help. PA and JA want to assist. Use the resources that Air Force leadership makes available to keep you out of trouble.