8 Marines Charged in Osprey Case

Eight Marine Corps officers have been charged with violations of the military code for their alleged roles in the falsification of maintenance records for the troubled V-22 Osprey tilt-rotor aircraft, military officials said Friday.

The charges are only the latest difficulty to hit the Osprey program. The innovative aircraft, which takes off like a helicopter but cruises at airplane speed, has been grounded since two crashes last year killed 23 Marines.

The eight officers have been ordered to appear at an administrative hearing to answer the fraud charges, which cap a six-month investigation and involve violations of the Uniform Code of Military Justice.

Although Maj. Bryan Salas, a Marine Corps spokesman, refused to identify the eight officers, it is believed that the highest-ranking defendant is Lt. Col. Odin Fred Leberman, commander of the Osprey squadron at New River, N.C.

In June, the Pentagon’s inspector general publicly accused Leberman of falsifying maintenance documents in an effort to improve the performance record and image of the controversial aircraft. The Marine Corps wants to buy 360 Ospreys for about $40 billion.

The inspector general’s report also implicated a “small number” of other officers, stating that they knew of Leberman’s conduct but took no action to challenge it or report it.

The falsification occurred during a 21-day period from Dec. 20 to Jan. 11, when the experimental Osprey was under intense scrutiny by Pentagon officials.

Salas said any of the eight officers who refuse to attend the hearing could be subject to an Article 32 hearing, similar to a grand jury proceeding in the civilian criminal justice system.

He said the officers’ names cannot be disclosed until Friday, the deadline for their decision on whether to appear at the hearing or contest the charges through more formal proceedings that could lead to a court-martial.

Defense Department authorities insisted Friday that the alleged fraud played no role in the fatal Osprey crashes last year. As a result, any punishment meted out is expected to be moderate, according to one military lawyer.

Salas said that, after reviewing the inspector general’s findings, Lt. Gen. Raymond P. Ayres Jr., who is commander of Marine Corps Forces Atlantic, notified the eight officers that he would hold a hearing to examine their roles in the document tampering.

Charges to be considered at the hearing include dereliction of duty, conduct unbecoming an officer, violation of a lawful standing order and making false official statements, Salas said.

Punishment for these charges, if confirmed, could include a reprimand, limited restriction to quarters or arrest in quarters, or forfeiture of 50% of two months’ pay.

However, if the hearing produces evidence more serious than expected, a court-martial could be called in which heavier penalties would be considered, officials said.

The inspector general report concluded that Leberman was not acting in response to orders but only to “perceived pressure” from above to improve the Osprey’s image. “No evidence was found that any officer senior to the squadron commander [Leberman] directed or suggested that records be falsified,” the report said.

Leberman, who has been relieved of his command pending a resolution of the charges, has not commented publicly about his activities. Officials described the administrative hearing as a fact-finding procedure at which the accused Marines may present evidence on their behalf.

Ayres alone will consider the facts and circumstances, and he may take one of several actions: He is empowered to dismiss all or part of the charges, to impose administrative punishments or to refer charges to a court-martial.

Falsification of records was first alleged in an anonymous letter submitted in January to the office of the secretary of the Navy.

Coming after the deadly crashes, the fraud case has deepened the image problem of the aircraft and has raised questions about how far the corps’ hierarchy was willing to go to push what long has been its weapon priority.

Despite the Osprey’s troubled history, it appears likely that it will receive Pentagon approval to enter full-scale production.

A blue-ribbon panel concluded last spring that there is no fundamental flaw in the underlying technology, though it recommended further study and possible redesign of some mechanisms to improve the aircraft’s hydraulics and other systems.