Holder Memo

I wonder if this will effect the NSA appeal? 

Contractor Deployment Guide

I was looking for more background information on general identification requirements for contractors working overseas when I stumbled upon this Pamphlet. Fascinating reading. As far as I can tell, this is the most recent version. It really is a must read for anyone going to work overseas.

Ed. note for June 14, 2010: please use this new link DA PAM 715-16

Contractor Deployment Guide
Pamphlet 715–16
Department of the Army
27 February 1998

DA PAM 715–16
Contractor Deployment Guide

This new Department of the Army pamphlet provides procedures for contractor operations within the Department of the Army.

The Pamphlet includes a short section on Hostages (see page 6), which contains some information that I don't recall reading before.

Chapter 11

11–1. Hostage aid

a. Hostages

When and where the Secretary of State, in consultation with the Secretary of Labor, declares that U.S. citizens or resident aliens of the United States rendering service overseas have been placed in a “captive” status as a result of a “hostile action” against the U.S. government, a wide range of benefits accrue to that person and that
person’s dependents. For example, captives can continue to receive their full pay. Captives can claim some, but not all, of the benefits of the Soldiers’ and Sailors’ Civil Relief Act. A person designated as a captive or his/her family members are eligible for physical and mental health care benefits at U.S. government expense. A spouse
or unmarried dependent of a designated captive is eligible for certain education benefits. If a designated captive ultimately dies from hostile action caused by his/her relationship to the U.S. government, the Secretary of State may provide death benefits to the captive’s survivors.

b. Any person possibly affected (e.g., family members and dependents) may petition the Secretary of State to make the declaration of coverage. Pursuing benefits and remedies under these laws is up to the contractor employee and/or the employee’s family members, dependents or employer.

As far as identification...no surprises. Seems basic. But what exists on paper and what's done in reality are two different things. So, the question that really needs answering is: what identification were Ultra Services personnel expected to carry back in Iraq in 2003?

Identification mentioned in the Contractor Deployment Guide:

Passport
Visas - as needed
Invitational Travel Orders
Uniformed Services Identifications and Privilege Card (DD Form 1173)
Geneva Conventions Identity Card (DD Form 489)
Personal Identification ('dog tags')
Local In-theater Identification (Baghdad International Airport, etc)
Authorization to carry a weapon (from Theater Commander or State Department)
Record of Emergency Data Card (DD Form 93)
Company Id
Drivers license
Record of Immunizations
Medical information ('medical tags')

Not mentioned:

Common Access Card (DD Form 1172-2)

Looking over the list above, what exactly was the green id card issued to Kirk von Ackermann featured in the Rolling Stone article? Was it still valid? And what happened to all of the other identification he should have been carrying?

Always questions.

Related

Base Access
March 20, 2009

Base Access

Color me completely baffled today. An article via Ms Sparky...

KBR Work Presents 'Security Risk' Says Pentagon Official
By David Murdock, The Huffington Post, March 19, 2009

In what appears to be a stunning lack of due diligence, the Pentagon has allowed private contractors to grant civilians access to military bases, including in highly sensitive areas like Iraq and Afghanistan, without evidence of appropriate background checks.

The revelations were detailed in a recent report that the Acting Inspector General of the Department Defense, Gordon S. Heddell, delivered to the House Appropriations Defense Subcommittee. The report describes how, since 2002, Common Access Cards -- the IDs that both troops and civilians use to pass through military checkpoints around the world - may have been granted to nearly 40,000 civilians without proper vetting.

Identification

Some basic information on Common Access Cards can be found here and here. Suffice it to say, access cards are not new. As time marches on and technology improves, more security features are added to the id's. Methods of displaying identification are also not new.  When on base, contractors are generally supposed to carry identification at all times, usually in one of those black neck pouches that are commonly found at an office supply store. 

Which brings us to Kirk von Ackermann's id badge. 

Von Ackermann's id badge was featured in the Daniel Halpern's Rolling Stone article, Death of a Contractor. The id shown was issued in 2003 by United States Army, V Corps, and very clearly marked: No Escort. 

Now one really odd thing about this particular photo ID is that it doesn't conform to Geneva Conventions for identification established back in 1949. Examples and more information here. For comparison, here's an example of a 'Geneva Conventions Identification Card for Civilians Accompanying Forces' in use prior to 2006 from the Department of Defense Common Access Card website.

  

So did von Ackermann have another id? And if he did, what was this id used for and what happened to the id that should have conformed to Geneva Conventions?

Anyone else getting the unpleasant feeling that base security was a bit low rent?

The military loves paper trails and back in 2003, to get an id from an organization within the Department of Defense - like the U.S. Army -contractors and civilians were expected to complete an application, DD Form 1172-2. So did von Ackermann complete a DD Form 1172-2 or did everyone in Iraq play by a completely different set of rules? 

Security

From what I understand, military installations are restricted areas with security ratings. Areas are rated Level I, Level II and Level III. Level I is the least secure and has the fewest restrictions, Level II comes with more restrictions followed by Level III the most secure with the most restrictions. The lowest level, Level I, requires an escort if a visitor to an area is not cleared for access. Von Ackermann was cleared for access, so he had a No Escort badge. But according to the news piece at The Huffington Post, so did a lot of other folks and they had much more official identification than von Ackermann. Which just makes you wonder who in the heck was free to wander around bases in Iraq back in 2003.

Assumptions

Anyone who reads this blog knows I have a serious problem with the assumption Kirk von Ackermann disappeared from where his vehicle was found. His behavior that day was so out of character, so irrational, that investigators actually floated the idea he staged his own disappearance.* But there is a much more rational explanation for the sudden and swift departure of basic common sense. Simply put, von Ackermann was abducted and killed elsewhere - likely an American base - and the most likely candidate is Camp Anaconda. All of this, of course, means an imposter placed the call to the Iraqi employee.

Now, on a fairly regular basis I try to tear down and poke holes into the above theory because quite frankly, I don't want to be right. Two of the easy to spot weak points have always been the id badge and base access - both of which tie into getting on to and off of a base.  

I had this wild and crazy assumption that military bases in Iraq actually might have tight security. Oops. Apparently no. Yet another myth shattered. 

So much for poking holes.

*Mystery surrounds US businessman missing in Iraq's 'Sunni triangle'
By Colin Freeman, UK Telegraph, November 9, 2003

The strange circumstances of the case have prevented investigators from ruling out the possibility that he has tried to fake his own disappearance. In particular, they are thought to be puzzled as to why he chose to drive alone that day, rather than taking an Iraqi colleague as he normally did.

Related

The Bridge Theory (includes decision chart) 

March 25, 2008

The ID Badge
April 14, 2007

Annual Longshore Conference

Photo Source U.S. Navy's Military Sealift Command

The Annual Longshore Conference is March 19 - 20, 2009 in New Orleans, Louisiana. I attended the previous conference organized by Loyola University College of Law and the U.S. Department of Labor in the fall of 2008 in Washington D.C. and found it very informative. Pretty much everyone who knew anything about the Defense Base Act was there.

From the registration brochure:

This year’s program will address several timely topics of importance to any workers’ compensation practitioner.

We will examine issues of competing jurisdiction. Despite decades of litigation seeking clarity in competing jurisdictional schemes, significant problems remain in navigating the myriad compensation programs that exist in the maritime field. Recent amendments to the Americans With Disabilities Act will impact return to work issues in workers’ compensation claims. Medicare Set-Asides continue to be important in settlements of longshore claims, and recent changes to the regulations and procedures for MSA will be explained.

We will also address various practice issues, such as trying claims before the Office of Administrative Law Judges, posthearing proceedings, and attorney fee claims. We will have medical experts address the expanding field of chronic pain conditions, and the diagnosis and treatment of these disorders. With the War on Terror continuing in both Iraq and Afghanistan, we will explore the Defense Base Act and War Hazards Compensation Act, as these remain important extensions of the [Longshore and Harbor Workers' Compensation Act] LHWCA.

The Defense Base Act/War Hazards Compensation Act Handbook is on sale through Loyola College of Law for $60. Call (504) 861-5441 or Toll Free at (866) 250-8617 to order. For more information, email clelaw@loyno.edu

For anyone with an interest in the Defense Base Act and/or issues facing American contractors working overseas, absolutely buy a copy of the DBA/WHCA Handbook. Most of the chapters were written by lawyers and judges whose careers are narrowly focused in DBA law.

Additional Reading

Defense Base Act Practice: We're Not in Kansas Anymore
By Roger A. Levy, Editor of the DBA/WHCA Handbook, Lexis/Nexis, August 19, 2008

U.S. Department of Labor
The Longshore and Harbor Workers’ Compensation Act (LHWCA) webpage

Appeal

It's done. I sent the appeal letter off in the mail today. It's 12 pages long with another 30 or so pages in enclosures. Maybe once I get the next response back, I'll post some of the appeal letter for grins and giggles. 

I can't help but picture a government automaton seated in a bleak gray office stamping REJECT on all of the FOIA letters that come across the desk, my latest in particular. I don't hold out much hope that my appeal letter will overturn the initial response of neither confirming nor denying the existence or non-existence of the material I seek.

Which, by the way, I haven't exactly divulged what it is that I am seeking.

I requested two audio recordings and/or segregable portions of otherwise exempt material (in other words, transcripts). Specifically, I filed an FOI request with the National Security Agency for an audio recording of the October 9, 2003 satellite phone call that Kirk von Ackermann placed to the Iraqi employee in which he asked for assistance with the flat tire. The second audio recording I requested was one from the previous day in which he left a message on his home answering machine in the United States - that he had arrived safely at a base in Iraq.

The significance of the second recording is that it's what triggered the recording of the first - if statements by public officials are to be believed. The content of neither phone call warrants classification. And as both intercepts are the result of the NSA program revealed by the President, the Attorney General and the Director of the National Security Agency, it's a bit silly to pretend recordings of the intercepts don't exist.

But the NSA will. And an automaton will stamp my letter: REJECT.

Do you think they even bother to read the letters or do they stamp first and then just pretend to read the letters?

Super Double Secret

Working away on the appeal letter for the NSA. I'm hoping to mail it next week. I know it's pointless but I have to at least try. I thought now would be a good time to tell you about my 'assistant' as my dear husband likes to call him.

My assistant is a schizophrenic neighbor - one who refuses to take his medication - who has been helping me with legal research. He likes to hang out in the law library so research gives him a good excuse to be there. If I described his general appearance, you'd understand but I don't want to prejudice your views on his character. Maybe one day I'll post a photo. Anyway, it's been a unique experience.

The first day I went by the law library to check it out, I ran into him. Over the next few days, he pretty much tracked me down (in other words, loitered at my front door basically stalking me and asking my neighbors where I was). Once he successfully intercepted me, he asked if he could make copies for whatever it was that I was working on. To be honest, I'm not sure he really understands about the FOIA appeal because he keeps asking when I go to court. I've explained that the first thing I need to do is file a letter appealing the decision to deny the FOI request. The details seem to get lost because he asked again today about my court date.

Anyway, that first day I gave him $20 for a copy card at the law library and suggested he see what he could find out about court cases that successfully overturned Exemptions 1 and 3 of the FOIA. The next day, he was waiting at my front door with a new briefcase (cost: approximately $20). He announced I would be receiving "reports" by mail. "Don't worry," he said, "they're classified." I had absolutely no idea if a report was in the mail literally or figuratively. It's kind of hard to tell with a schizophrenic who refuses to take their medication just where in reality things stand. He requested another $20 as he was getting short on funds. "It's all accounted for. I sent it to my book keeper." And yes, he actually does have a book keeper but that's a side story.

A few days later, next door received a large manilla envelope in the mail addressed to me care of the little shop. The return address was "Bob Smith, Esq." That first report came in a very official looking plastic binder with a cover letter. It was sealed inside of another envelope marked "Classified." I was just looking through the pile. So far, I've received 8 reports - which consist of various pages copied out of various law books, most not really applicable to the matter at hand.

For example, one recent report was a series of pages from the Supreme Court Reporter. I was looking for a specific case, and I guess the name of the Plaintiff was a problem. I received about ten pages from the Reporter for a variety of cases all beginning with the letter A.

I've probably given you the impression that his contributions to the appeal have been fairly useless. Not at all. In fact, it's his decidedly outside of the box perspective I've found very helpful. For instance, I asked him to look up information regarding the 3rd exemption of the FOIA. He came back with information regarding the 4th Amendment as applies to medical files. In other words, Privacy. I hadn't addressed Privacy in my appeal until his research pointed out the oversight.

I've told him repeatedly he doesn't have to mail the reports. But he always responds, in a slightly petulant tone, "I have the stamps."

Today he was really disappointed to learn we're almost done. On the other hand, it might be good timing. He goes back to court on Wednesday and he might not fare so well this time. You see, he usually represents himself and more importantly - he wins. Which, as one friend who knows him pointed out - what does that really say about the state of our legal system?

If I actually go ahead and follow this all the way to court, he'll be ecstatic. I can just picture him telling a judge he can't possibly go to jail for disturbing the peace because he's the lead attorney on a suit against the National Security Agency. I think I might stand a good chance of winning just on the basis of his participation.

I'm really tempted to scan and post one of his cover notes to me. But since they're classified, I really can't. They're secret.

New Remains Identified - Fouty and Jimenez

Additional remains of two soldiers who were kidnapped and killed in Iraq have been located and identified. Remains of both soldiers were previously buried back in July 2008.

New remains of Lawrence soldier going to Arlington
February 1, 2009, Associated Press

Newly identified remains of a soldier from Lawrence will be buried with those of a comrade from his unit, who were both kidnapped and killed in Iraq.

The Army says the remains of Staff Sergeant Alex Jimenez and Specialist Byron Fouty of Waterford, Mich., will be buried at Arlington National Cemetery in Virginia on Feb. 17 with full military honors.

Update: Fouty and Jimenez remains were discovered buried together in a shallow grave. The remains were separated and sent as requested to their families for burial. But a number of other additional materials, including some part of a uniform and weapon was not easily separated. It's from this group of materials that a second set of remains were finally identified as belonging to Fouty and Jimenez.

The newly identified remains were buried co-mingled in a single casket at Arlington Cemetary in a ceremony with full military honors. According to news reports, only 10% of all those eligible for burial at Arlington accept as the general preference is to bury loved ones near the homes of family.

There was a description of the actual process of laying the remains in the casket for burial - an Army blanket is placed in the casket on top of which is laid cotton. The remains are placed on the cotton and then covered with a white sheet. The blanket is folded over and a replica dress uniform of Jimenez, who held higher rank, is placed on top of the blanket.

Previous post:

Remains of Two Missing Soldiers Identified
July 13, 2008

New Graft in Iraq Investigation

This investigation is long overdue. According to the article, they're reviewing information provided by Dale Stoffel, an arms dealer who was killed in a drive by shooting in 2004. Stoffel described clandestine drops of cash hidden in pizza boxes to investigators shortly before he was killed.

I have no idea what relationship, if any, this investigation will have on the case of Ryan Manelick.

Inquiry on Graft in Iraq Focuses on U.S. Officers
By James Glanz, C.J. Chivers, and William K. Rushbaum, New York Times, February 14, 2009

The investigations, which are being conducted by the Special Inspector General for Iraq Reconstruction, the Justice Department, the Army’s Criminal Investigation Command and other federal agencies, cover a period when millions of dollars in cash, often in stacks of shrink-wrapped bricks of $100 bills, were dispensed from a loosely guarded safe in the basement of one of Saddam Hussein’s former palaces.

Former American officials describe payments to local contractors from huge sums of cash dumped onto tables and stuffed into sacks as if it were Halloween candy.

Colin Freeman

Colin Freeman, the journalist who first broke the story of Kirk von Ackermann's disappearance, spent 40 days as a hostage in Somalia. I feel absolutely horrible that I was oblivious to his plight until tonight. You can read about his time - spent mostly in caves - below. The last one, My 40 Days in a Cave Held By Somali Gunmen, is an in-depth piece, full of that lovely biting wit of his.

Colin Freeman celebrates freedom
By Olga Craig, January 6, 2009



Colin Freeman: The moment my Somali kidnap hell began
By Colin Freeman, January 6, 2009

My 40 Days in a Cave Held By Somali Gunmen
By Colin Freeman, January 10, 2009, UK Telegraph

The links below are specific to Freeman's writings that are of interest to the Missing Man. His book about his time in Iraq is a great read, The Curse of the al-Dulaimi Hotel. He covers the disappearance of Kirk von Ackermann and Ryan Manelick's murder in the book, including the only first hand account of the isolated road where von Ackermann's vehicle was discovered abandoned.

Curse of the al Dulaimi Hotel - Pt II (image)
August 16, 2008

Suspicion surrounds missing Bay Area man
by Colin Freeman, San Francisco Chronicle, February 13, 2005

Bay Area civilian vanishes in Iraq
by Colin Freeman, San Francisco Chronicle, November 11, 2003

Mystery surrounds US businessman missing in Iraq's 'Sunni triangle'
by Colin Freeman, Telegraph, November 9, 2003

Take it easy and waterski through Baghdad
by Colin Freeman, The Scotsman, October 26, 2003

POW/MIA - National Security Act of 1947

I'm spending my free time at the local law library trying - more or less hopelessly - to do research for the NSA appeal. I stumbled on a bit related to POW/MIA in one of the books I was reading today on National Security Intelligence.

Makes me wonder, if information is unintentionally acquired prior to the disappearance of someone, but it's later determined that the information might be useful in determining what happened, under whose authority does the information then fall? It's unclear, especially since it wasn't originally collected for investigative purposes.

But that's a separate side issue and unrelated to the appeal at hand. At least, not at this point.

National Security Act of 1947 as amended. Unclassified.

POW/MIA ANALYTIC CAPABILITY

SEC. 117. (a) REQUIREMENT - (1)The Director of Central Intelligence shall, in consultation with the Secretary of Defense, establish and maintain in the intelligence community an analytic capability with responsibility for intelligence in support of the activities of the United States relating to individuals who, after December 31, 1990, are unaccounted for United States personnel.

(2) The analytic capability maintained under paragraph (1) shall be known as the 'POW/MIA analytic capabiltity of the intelligence community'.

(b) UNACCOUNTED FOR UNITED STATES PERSONNEL - In this section, the term 'unaccounted for United States personnel' means the following:

(1) Any missing person (as that term is defined in section 1513(1) of title 10, United States Code).

(2) Any United States national who was killed while engaged in activities on behalf of the United states and whose remains have not been repatriated to the United States.

What exactly is a 'missing person'? To find out, it's necessary to visit the United States Code, Title 10 - Armed Forces, Subtitle A - General Military Law, Part II - Personnel, Chapter 76 - Missing Persons. I've covered this before, but it never hurts to take a look at the information again.

U.S. Code Title 10 § 1513

In this chapter:
(1) The term “missing person” means—

(A) a member of the armed forces on active duty who is in a missing status; or
(B) a civilian employee of the Department of Defense or an employee of a contractor of the Department of Defense who serves in direct support of, or accompanies, the armed forces in the field under orders and who is in a missing status.
Such term includes an unaccounted for person described in section 1509 (b) of this title who is required by section 1509 (a)(1) of this title to be considered a missing person.

(2) The term “missing status” means the status of a missing person who is determined to be absent in a category of any of the following:

(A) Missing.
(B) Missing in action.
(C) Interned in a foreign country.
(D) Captured.
(E) Beleaguered.
(F) Besieged.
(G) Detained in a foreign country against that person’s will.

(3) The term “accounted for”, with respect to a person in a missing status, means that—

(A) the person is returned to United States control alive;
(B) the remains of the person are recovered and, if not identifiable through visual means as those of the missing person, are identified as those of the missing person by a practitioner of an appropriate forensic science; or
(C) credible evidence exists to support another determination of the person’s status.

Additional Reading - just for fun:

National Security Investigations and Prosecutions
By David Kris, J. Douglas Wilson, West Thomson, 2007

Rejection

Another FOIA rejection came in. But...I am going to appeal this one all the way. I probably should mention, I filed the FOIA request with the NSA so I wasn't surprised by their response. 

Wish me luck.

Tikrit-Kirkuk Road

I found some photos on the web that I have good reason to believe are of the road between Tikrit and Kirkuk. Colin Freeman described the road in his book, Curse of the al Dulaimi Hotel. From page 136:

[A local Iraqi police chief] directed us to the spot where Kirk had vanished. It was near the brow of a long, winding hilltop road, miles from anywhere and surrounded by rocky outcrops. A long way from any help if you got yourself in a tight spot. At the bottom of the other side of the hill, there was a US Army checkpoint, where Dawkins had handed over a copy of Kirk's photograph.

So far, no luck in confirming the photos linked to below are in fact of the road between Tikrit and Kirkuk through the Jabal Hamrin mountains. I also haven't been able to get in touch with anyone for permission to post the photos here at the Missing Man. I'll keep trying though.

The first of the photos were posted at webshots.com by elpastorek in a folder called #2 Iraq-Camp Danger/Tikrit uploaded July 2, 2005. Of particular interest is Photo 020.

Photo 010

Photo 011

Photo 015

Photo 020

Photo 021

The next photo was posted at TravelPod.com by TeamKnell in a folder called Album #2 uploaded February 16, 2008

Traveling to Kirkuk-Kirkuk, Iraq

Given the landscape in photos, would you drive through this area with a tire problem?

Addendum: I've decided to post one photo, Photo 020. If the photographer objects, I will remove it.

Original source and additional photos by elpastorek: Photo 020

Kirk von Ackermann's Notebook

One thing just keeps bugging me: the missing notebook.

Kirk von Ackermann was known as a prolific note taker, continuing that practice while in the Middle East, writing in code. Shortly after alleging that von Ackermann's disappearance in the fall of 2003 was connected to fraud, Ryan Manelick was killed in a drive-by shooting.

Assuming the fraud allegations are true, seems to me that Kirk von Ackermann's notebook might be the single most important item needed for solving Ryan Manelick's case. 

So what gives - how come no one has ever shown any interest in finding Kirk von Ackermann's notebook?

Related Posts

The Missing Personal Effects
January 2, 2009

The Missing Notebook (image)
June 11, 2008

US Hostages in Iraq

Just this past fall, an article from the Associated Press provided statistics from the Defense Intelligence Agency on Americans who were kidnapped in Iraq.

Iraq calmer but copycat kidnappings spread
By Pamela Hess, Associated Press, October 13, 2008

Five years ago, retired Air Force intelligence officer Kirk von Ackermann became the first of 39 Americans to be kidnapped in Iraq. He's still missing, his wife fearing she'll never see him again.

Attached is a chart showing the incident date, name and status of those 39. Technically, the status of 'released' should more properly be referred to as 'Returned to Military Control' (RMC).

As mentioned in a previous post, there is good reason to believe there are more Americans missing in Iraq than those who have been reported. Employers and family members may choose to keep quiet for a number of reasons (ransom, etc). Just to be clear, 39 is the minimum number of those kidnapped in Iraq to date.

Not included in the chart (at this time) are the troops taken POW (status: missing) during the invasion of March 2003. All were Returned to Military Control:

Spc. Edgar Hernandez
Spc. Joseph Hudson
Spc. Shoshana Johnson
Pfc. Patrick Miller
Sgt. James Riley
Pfc. Jessica Lynch
Chief warrant officer David Williams
Chief warrant officer Ronald Young Jr.

I also haven't included Captain Michael Scott Speicher, missing since his plane was shot down on January 16, 1991 during Gulf War I. He is, however, listed in the side bar to the right.

American Hostages in Iraq

Kirk von Ackermann
Thomas Hamill
Nick Berg
William Bradley
Keith Matthew Maupin
Timothy E. Bell
Aban Elias
Micah Garen
Jack Hensley
Olin Eugene Armstrong, Jr.
Paul Taggart
Roy Hallums
Dean Sadek
Jeffrey Ake
Tom Fox
Ronald Alan Schulz
Jill Carroll
PFC Kristian Menchaca
PFC Thomas Tucker
Sgt Ahmed Qusai al-Taayie
Jonathon Michael Cote
Paul Christopher Johnson-Reuben
Joshua Mark Munns
John Roy Young
Ronald Withrow
+ 14 unknown persons

The Missing Personal Effects

To date, no one really knows what happened to Kirk von Ackermann's personal effects. News articles mention his lap top, satellite phone and $40,000 were found in his car. But nothing is known about his clothes or any personal items he may have had with him in Iraq - nothing was ever returned to his family.

Now it's possible early investigators filed things away or that maybe his colleagues were too busy to deal with a box kicking around their offices, or maybe his things just got tossed out along the way. It's certainly easy to assume that whatever overnight bag might have held von Ackermann's toothbrush and clean socks just got lost in the shuffle during the early days of the investigation into his disappearance.

But what if von Ackermann's personal effects were never inside of his abandoned vehicle on the day it was found? And what does the absence of those items say about how von Ackermann intended to spend that day?

The source for Colin Freeman's first article - who we later learn was Ryan Manelick - told Freeman that von Ackermann was on a 'day trip.'

Excerpt from Civilian Vanishes in Iraq

"Kirk was on a day trip from Kirkuk to Tikrit that day and was coming back when he rang one of the company's Iraqi employees around 3 p.m. to say he had a flat tire and couldn't get it fixed with the jack he had. He was stopped right on top of a road that runs over a small range of hills ... at the time.

Kirk von Ackermann certainly could have left his belongings somewhere in Kirkuk expecting to return to them at the end of the day. But where? While Ultra Services listed an 'office' in Kirkuk on its company website, von Ackermann is said to have called and left a message for his family the night before saying he was sleeping that night at a base. Ultra Services' offices were said to do double duty as apartments so why stay at a local base instead of the area office?

A quick look at the options of what could have happened to an overnight bag:

1. with von Ackermann in his vehicle
2. at the base - likely in the contracting officer's office
3. at Ultra Services' office
4. at an other unknown location

Continuing on.

According to Ryan Manelick - Kirk von Ackermann was returning from Tikrit to Kirkuk - but if the source of the information in Daniel Halpern's article was accurate, there was a side trip to FOB Pacesetter much further south near Balad.  (Note: FOB Pacesetter was later renamed FOB McMenzie.)

Simply put, Kirk von Ackermann's itinerary on October 9: Kirkuk to Tikrit to FOB Pacesetter near Balad then returning back to Tikrit to Kirkuk. And meanwhile, somewhere along the way he is also believed to have picked up a Nissan Patrol SUV with a bad tire of which von Ackermann was aware.


View Larger Map 

Excerpt from Death of a Contractor

On October 9th, not long after he and Phillips tried to take half of Ultra Services from Dawkins and create a rival company, Kirk von Ackermann visited FOB McKenzie, a U.S. forward operating base near Samarra. After meeting with a Turkish subcontractor, he left the base behind the wheel of his Nissan Patrol SUV. He was alone.

Logic says, keep an overnight bag close at hand as, with all travel, something might come up especially during a roughly 8 hour journey covering 300 miles round trip. In a region where travel could be interrupted for a variety of reasons, such as closed roads due to ongoing searches for Saddam Hussein, a contractor would be well-advised to be prepared.

Now back to the question I first posed...what if von Ackermann's overnight bag was never in his vehicle? Suddenly von Ackermann's movements and intentions that day are much less clear. So, below is another look at trying to construct a time line which is an admittedly rather hopeless project.

Timeline - version II

A conservative estimate based on drive time of 2.5 hours between Tikrit and Kirkuk, averaging 40 miles an hour, a one-hour meeting and backing into approximate times based on the news report of a 3:00 pm phone call.

Time 04:00 05:37 06:02 (6:30) (9:00) (10:00) (10:30) 11:30 11:50 12:00 13:00 15:00 15:05 15:10 15:45 17:27 17:37 18:02 20:00 24:00

AM AM AM AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM

Event Curfew Lifts Twilight Sunrise Leaves guest quarters in Kirkuk Tikrit Balad Arrive FOB Pacesetter (one-hour meeting) Leaves FOB Pacesetter Solar Noon Balad Tikrit Employee receives phone call Passing Patrol Check point report Employee arrives Moonrise (99% full moon) Sunset Twilight Curfew Starts in Tikrit area  Curfew nationwide

There's not much room for error. Somewhere in there, Kirk von Ackermann is believed to purchase his vehicle.

So what do you think - were Kirk von Ackermann's personal effects in the vehicle? Or is it an irrelevant question?

Related Posts

The Missing Notebook (image)
June 11, 2008

Time Line - Work in Progress (table)
April 27, 2008

Sun, Moon, Weather Data (graphic)
March 17, 2008

FOB Pacesetter (satellite image, photo & maps)
December 26, 2007

Defense Base Act vs War Hazards Compensation Act

This post looks at the significance of a non-hostile event vs a hostile event in determining how a casualty will be handled under the Defense Base Act. Any errors are strictly my own and, as always, corrections are very much welcome.

Casualty

Under United States policies and laws, a casualty is composed of a) TYPE, b) STATUS, and c) CATEGORY.

a) TYPE:

(1) non-hostile or
(2) hostile

b) STATUS:

(1) deceased or
(2) duty status – whereabouts unknown (DUSTWUN) for military, or excused absence – whereabouts unknown (EAWUN) for civilians or
(3) missing or
(4) very seriously ill or injured (VSI) or
(5) seriously ill or injured (SI) or
(6) not seriously ill or injured (NSI) or
(7) Returned to Military Control (RMC) or
(8) Pending - for preliminary reports only

At the DoD Component’s discretion, an additional casualty Status may be used - generally used for illnesses that require hospitalization:

(9) Special Patient (SPECPAT) or
(10) Special Category (SPECAT)

c) CATEGORY:

There are a wide variety of casualty categories depending on the status. For example, categories used for 'Status - Missing' are - Beleaguered, Besieged, Captured, Detained, Interned, Missing, Missing in Action (MIA), and again, Pending is for preliminary reports only.

POW is not a casualty status for reporting purposes, rather Status and Category are "Missing-Captured."

The key to understanding the difference between the Defense Base Act and the War Hazards Compensation Act lies in the TYPE of casualty: non-hostile vs. hostile

Laws

The Defense Base Act is an extension of the Longshore and Harbor Workers' Compensation Act - the equivalent of worker's compensation for Americans working overseas for US government agencies.

The Defense Base Act is, in effect, a group of laws: Defense Base Act (1941), War Hazards Compensation Act (1942), Mutual Security Act (1958), and in part the Dayton Peace Accords (1995). In addition, the Federal Employees Compensation Act (1916) applies should an incident qualify under the War Hazards Compensation Act.

Because coverage under the Defense Base Act is a legal requirement, premiums paid by a contractor are a reimbursable expense under the terms of the contract. Contracts should carry the relevant contract clauses (see: PDF - Memorandum: Inclusion of Defense Base Act Clause in DoD Overseas Contracts 08 Dec 2003).

Defense Base Act vs War Hazards Compensation Act

Incidents are divided into two types: NON-HOSTILE and HOSTILE. Casualties the result of a Non-Hostile event are covered under the Defense Base Act. Casualties the result of a Hostile event, however, are covered under the War Hazards Compensation Act.

The following graphic is an attempt to help clarify the difference between the Defense Base Act and the War Hazards Compensation Act.

right click to open in a new window

Claims arising from incidents that are the result of non-hostile action generally are reported under the Defense Base Act and as such are 15-40% reimbursable. [see note below] Claims arising from incidents that are the result of hostile action are paid under the War Hazards Compensation Act and subsequently the Federal Employees Compensation Act and consequently are 100% reimbursable.

Example:

John Brown sprains his ankle getting out of his truck in Iraq. Even though he's working in a war zone, the type of incident is non-hostile. Claims will be covered under the Defense Base Act. The claims will be reimbursed at 15-40%.

Bob Jones sprains his ankle getting out of his truck in Iraq as he attempts to retreat from mortar fire. Even though the injury is physically and medically identical to that of his co-worker, John Brown, the incident is the result of hostile action. Claims will be covered under the War Hazards Compensation Act and subsequently the Federal Employees Compensation Act. The claims will be reimbursed at 100%.

Previous related posts

Casualty Status of Missing

Iraq Contractors and The Missing Persons Act

Note (added July 19, 2009)

Figures were provided by Department of Labor personnel during several presentations at the Defense Base Act conference in Washington DC in the fall of 2008. The vast majority of claims filed under the Defense Base Act are for injuries. Expense to be reimbursed is usually for Loss Time - that is, the amount of time that an employee is unable to work due to the injury - but only if more than 4 days. The first 4 days are expected to be paid as sick days by an employer, and are not reimbursed.

As a result, the bulk of the claims - which again are for injuries - generally end up being reimbursed at 15-40%. In more concrete terms, the vast majority of injuries result in a time loss of 5 to 7 days of which 1 to 3 days, roughly 15-40%, will be reimbursed.

The Department of Labor breaks down Loss Time as follows:

NLT - No Loss Time - No lost time and no medical expense
NL0 - No Loss Zero - No lost time and no medical expense * but may result in a later claim, Questionable No Lost Time Injury**
NL4 - No Loss Four - No lost time, medical expense incurred or expected *
DEA - Death
COP - Continuation of regular pay*
OTH - Other

* found on a DOL form for Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation
** CHAPTER 1-300 - INDEX AND CONTROL at the Department of Labor website

Websites of interest

A few websites for anyone interested on learning more about some of the common issues surrounding Iraq and American contractors and troops who served there. (Defense Base Act benefits, health and safety issues, etc). I'll be adding them to the side bar.

Ms Sparky's Mishaps & Misadventures

Host is Ms Sparky, an electrician who worked for KBR in Iraq from 2004-2007. 

American Contractors in Iraq

Host is Jana Crowder, wife of a former KBR driver who worked in Iraq. My understanding is the site grew out of a discussion board for contractors families.

Patriot Missive

Hosts are two former soldiers, Ms. Missive who served in Iraq in 2005 and Skitz M. Jones, medic in Balad, Iraq from 2005-2006. 

White Rose's Adventures

Host is Cindy Morgan, a former KBR truck driver who spent two years in Iraq. Morgan wrote a book about her experiences, "Cindy In Iraq."

DBA Comp

Host is the wife of a former Iraq contractor who returned from Iraq with severe health issues.

Iraq Slogger

News out of Iraq.

Un-Justice for a Contractor in Iraq

There's something about this story that compels me to post it here at the Missing Man.

It may be that the unidentified contractor was essentially kidnapped and held against his will for months - his family assuming he was dead. Or that the contractor worked with intelligence personnel during the course of his work. Or that the military personnel charged with the authority to investigate seemed to have abandoned the responsibility given to them. Or that he and his family have suffered financially - his employer still owes him wages.

More than likely, it's the similarity - basic accepted principals of American justice based on forensic evidence and cold hard facts stood ignored while prejudice, jealousy, innuendo and gossip found favor.

Former U.S. Contractor Alleges 9-Month Detention in Iraq
By Emma Schwartz, ABC News, December 11, 2008

For months, he worked closely with American soldiers, ferreting out threats to the troops and forging a relationship with a key sheikh who went on to lead the Sunni awakening. But when this 52-year-old translator and veteran of the U.S. Army headed for his annual leave as a contractor in Iraq, he claims he was wrongfully imprisoned for nine months by American forces, with no access to a lawyer and no contact with his family for months.

The allegations are laid out in a lawsuit against former Defense Secretary Donald Rumsfeld, recently filed in federal court in Washington where the former contractor for Titan, and a naturalized U.S. citizen, alleges that his due process rights were violated when he was detained and held in "torturous conditions." "There was no justice in what happened to me," the translator said in an exclusive hour-long phone interview with ABCNews.com. "There was no justice involved in it."

The translator's suit is filed under an alias, John Doe, because he fears for his safety and his family. But through his lawyer, Michael Kanovitz, the translator agreed to an interview about the details of his imprisonment. His case is the fourth known example of a U.S. citizen held in Iraq without a formal trial. Two other former contractors, Donald Vance and Nathan Ertel, have filed a similar suit in Chicago over their three month long detention at Camp Cropper. Another U.S. citizen, filmmaker Cyrus Kar, also filed suit over his arrest and several-week long detention, but a judge recently dismissed his suit on the grounds that the military officials had immunity.

More...

Ultra Services Procured Cars

News to me.

I stumbled upon an article from November of 2003 featuring Ryan Manelick. The article was for a Swiss news outlet by the name of 24 Heures and is in French - probably why I missed it all these years. I can't be sure but I believe it includes quotes from Omar Hadi - who I believe is referred to as "Haydar." One very interesting note: according to the article, Ryan's job included procuring cars [voitures] for the US Army.

This of course raises a very big question - did Ryan Manelick help Kirk von Ackermann buy his vehicle? I'm going to bet the answer is yes. 

I am quoting the article in full below. Another thing to note - Ryan appears to still be working for Ultra Services. There is no indication of any kind of animosity within the company.

C'est l'histoire de deux chefs d'entreprise
24 Heures, November 18, 2003

C'est l'histoire de deux chefs d'entreprise. 

Haydar a 32 ans. Il est Irakien. C'est un « intermédiaire »: il cherche ? et trouve ? des entreprises capables de répondre aux commandes des multinationales américaines en charge de la reconstruction du pays. 

Ryan Manelick, lui, a 30 ans. Il est Texan. Il n'a qu'un seul client, l'armée américaine qu'il approvisionne en unités sanitaires, électroménager, meubles, ordinateurs ou voitures d'Europe et des Etats-Unis. Et l'option « grand bazar sur la Mésopotamie » s'est avérée plus que payante. Créée en janvier dernier dans l'optique de la guerre, l'entreprise de Ryan Manelick avance un chiffre d'affaires de 12 millions de dollars sur quatre mois et emploie près de 70 locaux. 

« Jamais, nous aurions rêvé une telle réussite », confie-t-il. « Mais qui aurait pu imaginer que l'armée américaine n'aurait rien prévu pour l'après-guerre ? On leur livre même des ballots de protection. »

Faveurs et privilèges

Près d'une cinquantaine de petites entités de toutes nationalités se disputent ce marché. Les contrats sont théoriquement distribués sur la base d'appels d'offres par courriel mais Ryan admet des entorses à la règle. « Je suis Américain donc je rentre facilement dans les bases et au quartier général. Des contrats se passent parfois de gré à gré. » 

Sa nationalité se révèle en revanche handicapante lorsqu'il s'agit de faire transiter les marchandises dans le fameux triangle sunnite, bastion de la résistance. « Ce n'est pas de tout repos », consent-il. « On essuie des tirs. Mais pour l'instant, il n'y a pas de casse, heureusement. »

Haydar, quant à lui, rêverait de connaître ce genre de problème. Son chiffre d'affaire en sept mois de présence américaine ? Néant. Il n'a pourtant pas ménagé ses efforts pour obtenir des contrats, répondant aux multiples appels d'offres de Bechtel et KBR, les deux entreprises américaines qui ont décroché les plus gros contrats (respectivement 1 et 2,3 milliards de dollars). « Bechtel ne m'a jamais répondu tandis que KBR me fait des propositions insensées, explique-t-il. Ils demandent parfois 50 rouleaux de scotch, 30 pinceaux à peinture ... Mais pour qui me prennent-ils ? Ils n'ont qu'à aller au supermarché. »

L'Autorité provisoire de la coalition (CPA) n'échappe pas à sa critique. « Eux, vivent sur une autre planète. Ils passent par exemple un appel d'offres pour approvisionner en matériel informatique une équipe de 800 personnes. J'ai envoyé une proposition d'une société syrienne et j'ai reçu pour toute réponse un mail m'expliquant que, finalement d'offres n'était pas assez étayé. Est-ce ma faute s'ils ne réfléchissent pas avant de lancer une proposition ?»

Et de montrer des factures de téléphone satellite de 500 dollars, 150 dollars, dépenses occasionnées par ces démarchages. « Ils n'ont aucune manière. Avant la guerre, nous travaillions avec des sociétés russes dans le secteur pétrolier, je peux vous dire que c'était bien plus professionnel. »

De Haydar le Bagdadi à Ryan le Texan, ces deux destins aux fortunes diverses résument les débuts anarchiques de la reconstruction économique du nouvel Irak.

English Translation

My French is a little rusty. Rough translation follows - I'm sure I botched a phrase or two. Corrections very much welcome.

This is the story of two businessmen. 

Haydar is 32-years old. He is an Iraqi. He's a 'middle man.' He searches and finds companies capable of answering the demands of the American multinationals [corporations] in charge of reconstruction.

Ryan Manelick is 30-years old. He is a Texan. He has only one client, the American Army, who he supplies with portable toilets, appliances, furniture, computers or cars from Europe and America. And the option of the 'big bazaar in Mesopotamia' for more proof of who is paying. Created last January at the first hint of war, Ryan Manelick's company grew to $12 million of business in 4 months and employs 70 locals.

"Never, did we dream of this much success," he confided. "But then, who could have imagined the American Army didn't plan ahead for the post-war? Even their security is hired."

Favors and Privileges

Close to fifty small companies of all nationalities compete for business. The contracts are theoretically distributed on the basis of public requests for proposals but Ryan admits there are exceptions to the rules. "I am an American and can easily enter the bases and contracting offices. Contracts sometimes get handled in private."

His nationality, on the other hand, appears as a handicap when he moves merchandise in the famous Sunni Triangle, bastion of the resistance. "It's not peaceful", he admits. "You hear about shootings. But for now, that's not the case, happily."

Haydar has his own problems. His business after seven months of the American presence? Little to nothing. Despite his best efforts, he hasn't been able to obtain contracts, responding to multiple requests for proposals from Bechtel and KBR, the two American companies who offer the biggest contracts (respectively $1 and 2.3 million) "Bechtel never responded while KBR made ridiculous requests," he explained. "They asked for 50 bottles of Scotch, 30 paint brushes...but why ask me? Why not just go to the supermarket?"

The Coalition Provisional Authority (CPA) doesn't escape criticism. "Them. They live on another planet. For example, they made an appeal for software and equipment for 800 people. I delivered a proposal from a Syrian company and in response, I received an email explaining that there wasn't enough documentation to support the proposal. Is it my fault they didn't provide a description of their needs to begin with?" 

[Haydar?] shows invoices of satellite calls for 500 dollars, 150 dollars, expenditures due to the proposal."They have no manners. Before the war, we worked with the Russians in the petroleum industry. Let me tell you, they were much more professional." 

Haydar the Bagdadi and Ryan the Texan, two destinies of diverse fortunes that summarize the anarchistic debut of the economic rebuilding of a new Iraq.

Contractor Fatalities as of September 2008

From the Associated Press:

Deaths of civilian employees of U.S. government contractors as of Sept 30, 2008: 1,264

No mention of injuries or missing personnel. 

As a side note, while I was at the Defense Base Act conference in Washington DC, I spoke with someone from the Department of Labor about missing persons. His words, "we can't prove it, but we know there must be more than reported." By "we," he meant the Department of Labor. 

According to the person I spoke with, the Department of Labor is aware that in some circumstances, employers continue paying the full salary of a kidnapped or missing employee rather than file a report or claim. There's some logic behind this. For one, employers want to keep a low profile and keep their company name out of the news media. Two, keeping an individual's names out of the news may aid with recovery especially in dealing with ransom demands. Three, families facing an already stressful situation want some privacy. 

Pretty much, no one really knows how many Americans are missing in Iraq today. 

Reference

Iraq: Key figures since the war began
Julie Reed and Rhonda Shafner, Associated Press, December 1, 2008