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Judge rules against pilot in lawsuit against Air Force

Posted September 21, 2007 11:00 pm

Sarah Antonacci

A federal judge found in favor of the U.S. Air Force this week in a case in which a former Illinois Air National Guard pilot alleged the military harmed his reputation and violated the federal privacy act by disclosing a scathing letter of reprimand without his permission.

Maj. Harry Schmidt, the pilot from Sherman who accidentally bombed and killed four Canadians in Afghanistan in April 2002, filed the suit in April 2006, claiming the military also violated a settlement that kept Schmidt from being court-martialed for the friendly-fire bombing.

As part of the pact, Schmidt had agreed to a hearing before an Air Force general, who found the pilot guilty of dereliction of duty, issued a letter of reprimand and imposed a $5,600 fine. Schmidt also was no longer allowed to fly for the Air Force.

The federal lawsuit said Schmidt had asked that a joint news release be issued by both him and the Air Force. However, his superiors went ahead and announced only that punishment had been imposed.

An Air Force general also released the letter of reprimand that said Schmidt had "acted shamefully," and that he showed "arrogance and a lack of flight discipline," among other things.

U.S. Judge Jeanne Scott granted summary judgment to the Air Force Thursday.

She agreed that Schmidt had a privacy interest in "keeping the information about his discipline record confidential." However, she wrote, "the competing public interest in disclosure clearly outweighs Schmidt's privacy interest."

"It was a deadly incident, with international effects. Schmidt's punishment did not arise out of Schmidt's private conduct, but rather related to acts that Schmidt took in carrying out his employment," her ruling continues.

"The release of Schmidt's reprimand gave the public, in the United States, and around the world, insight into the way in which the United States government was holding its pilot accountable. Thus considering all of the circumstances, the disclosures at issue were clearly warranted."

On April 17, 2002, Schmidt and Maj. William Umbach of Petersburg, another pilot with the Springfield-based 183rd Fighter Wing of the Illinois Air National Guard, were flying F-16s near Kandahar when Schmidt saw flashes on the ground coming from Canadians who were firing weapons on a training range.

Schmidt mistook the Canadians for Taliban forces and dropped a 500-pound, laser-guided bomb that killed the four Canadians and wounded eight others.

Umbach was allowed to retire from the Guard in 2003 after receiving a letter of reprimand. He was the commander of the mission.

Sarah Antonacci can be reached at (217) 788-1529 or sarah.antonacci@sj-r.com.

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