TCG Muavenet (DM-357)
Encyclopedia
TCG Muavenet (DM-357) (previously USS Gwin (DM-33)
USS Gwin (DM-33)
USS Gwin was a Robert H. Smith-class destroyer minelayer in the United States Navy. She was named for William Gwin....

, transferred in 1971) was a destroyer
Destroyer
In naval terminology, a destroyer is a fast and maneuverable yet long-endurance warship intended to escort larger vessels in a fleet, convoy or battle group and defend them against smaller, powerful, short-range attackers. Destroyers, originally called torpedo-boat destroyers in 1892, evolved from...

 minelayer
Minelayer
Minelaying is the act of deploying explosive mines. Historically this has been carried out by ships, submarines and aircraft. Additionally, since World War I the term minelayer refers specifically to a naval ship used for deploying naval mines...

 of the Turkish Navy
Turkish Navy
The Turkish Navy is the naval warfare service branch of the Turkish Armed Forces.- Ottoman fleet after Mudros :Following the demise of the Ottoman Empire in the aftermath of World War I, on November 3, 1918, the fleet commander of the Ottoman Navy, Liva Amiral Arif Pasha, ordered all flags to be...

 crippled by two Sea Sparrow missiles fired from the aircraft carrier USS Saratoga
USS Saratoga (CV-60)
USS Saratoga , was one of four Forrestal- class supercarriers built for the US Navy in the 1950s. Saratoga was the sixth US Navy ship, and the second aircraft carrier, to be named for the Battle of Saratoga in the American Revolutionary War.Commissioned in 1956, she spent most of her career in...

 during a NATO exercise in Saros Bay
Saros Bay
Saros Bay or Gulf of Saros is an inlet of the northern Aegean Sea located north of the Gallipoli Peninsula in northwestern Turkey.The bay is 75 km long and 35 km wide. Far from industrialized areas and thanks to underwater currents, it is a popular summer recreation resort with sandy...

, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

 in 1992, resulting in death and injury among its crew.

Sea Sparrow Assault

During the fall of 1992, the United States, Turkey, and several other NATO members participated in "Exercise Display Determination 1992", a combined forces naval exercise
Military exercise
A military exercise is the employment of military resources in training for military operations, either exploring the effects of warfare or testing strategies without actual combat...

 under the overall command of Admiral Jeremy Michael Boorda
Jeremy Michael Boorda
Jeremy Michael Boorda was an admiral of the United States Navy and the 25th Chief of Naval Operations . Boorda is the only CNO to have risen to the position from the enlisted ranks.-Early life and education :...

 of the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

. The forces of participating nations were assigned to either of two multinational teams. Vice Admiral T. Joseph Lopez of the United States Navy led the "Brown Forces," which included Saratoga. The opposing "Green Forces," including Muavenet were under the direct control of Admiral Kroon of the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

.

During the "enhanced tactical" phase of the training exercises, the Brown Forces were to attempt an amphibious landing at Saros Bay
Saros Bay
Saros Bay or Gulf of Saros is an inlet of the northern Aegean Sea located north of the Gallipoli Peninsula in northwestern Turkey.The bay is 75 km long and 35 km wide. Far from industrialized areas and thanks to underwater currents, it is a popular summer recreation resort with sandy...

 in the Aegean Sea
Aegean Sea
The Aegean Sea[p] is an elongated embayment of the Mediterranean Sea located between the southern Balkan and Anatolian peninsulas, i.e., between the mainlands of Greece and Turkey. In the north, it is connected to the Marmara Sea and Black Sea by the Dardanelles and Bosporus...

 against the resistance offered by the Green Forces. Admiral Boorda ordered the units comprising each force to actively seek and "destroy" each other. Both task force commanders had full authority to engage the enemy when and where they deemed appropriate and to use all warfare assets at their disposal to achieve victory. Needless to say, all confrontations were intended to be simulated attacks.

During an exercise planning session on 1 October 1992, the Battle Group commander, Rear Admiral Philip Dur, ordered that a simulated attack on nearby opposition forces utilize the Sea Sparrow missile system. Sea Sparrow missiles, an anti-aircraft defensive system, was not part of existing doctrine for fighting surface targets and had not been used before, either in exercises or in live combat operations against surface targets. The order was accepted by the Operations staff with the notation that the missile system would be "simulated" (meaning the missile stations would be unmanned). Just prior to midnight on 2 October 1992, when the exercise was scheduled to begin, Rear Admiral Dur asked whether the Sea Sparrows were ready to go for the exercise. He was told that the use of the missiles was going to be simulated for this exercise. Rear Admiral Dur then directed that the use of the Sea Sparrows was not to be simulated and that the missile team was to be on station for the exercise.

Without providing prior notice of the exercise, officers on Saratoga woke the enlisted Sea Sparrow missile team and directed them to conduct the simulated attack. According to U.S. Navy, certain members of the missile firing team were not told that the exercise was a drill, rather than an actual event.

As the drill progressed, the missile system operator used language to indicate he was preparing to fire a live missile, but due to the absence of standard terminology, it was failed to appreciate the significance of the terms used and the requests made. Specifically, the Target Acquisition System operator issued the command "arm and tune", terminology the console operators understood to require arming of the missiles in preparation for actual firing. The officers supervising the drill did not realize that "arm and tune" signified a live firing and ignored two separate requests from the missile system operator to clarify whether the launch order was an exercise. As a result, shortly after midnight on the morning of 2 October, Saratoga fired two Sea Sparrow missiles at Muavenet. The missiles struck in the bridge, destroying it and the Combat Information Center, killing 5 of the ship's officers and injuring twenty-two.

The sailors who actually fired the missiles were not punished, but the ship's commanding officer, Captain James M. Drager, four officers and three enlisted men received admiral's non-judicial punishment
Nonjudicial punishment
Non-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial...

, an action that the New York Times stated would effectively end their US Navy careers.

The was given to Turkey by the United States Navy as part of the restitution for the accident and it was renamed TCG Muavenet (F-250).

Lawsuit

On 29 September 1994, some of the Turkish Navy sailors serving aboard the Muavenet instituted legal action against the United States government. The action encompassed two wrongful death claims and 299 personal injury claims. On 20 February 1997, the U.S. Court of Appeals affirmed a lower court ruling against them. Their conclusion was that:
This case presents a nonjusticiable
Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual...

 political question
Political question
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and...

because it would require a court to interject itself into military decision making and foreign policy, areas the Constitution has committed to coordinate branches of government.

Sources

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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