Card 15-6 Release - 1
Card 15-6 Release - 1
1. Executive Summary.
1 In accordance with 10 USC 10147, members of the Ready Reserve, including the Troop Program Unit
(TPU), are expected to participate in 48 Multiple Unit Training Assemblies (MUTAs) for a total of 24 days
and at least 14 active duty (AT) days a year, for a total of 38 duty days. A standard drill weekend consists
of4 MUTAs.
b. Findings. The fihtilngs of ~ms investigatic,h are based 1C)lil a preponderance of thij
evidenee.1
1(1) SFC Card enlisted in the United States Army Reserve on 14 December 2002.
·and his Military Occurpational Speciality {MOS) was 92F1 Petrole:um Siuppl:y Specialist
with an Additional Ski111 Identifier EH7, Enliisted Petroleum Vehicle Operator. At the time
of lhis ertli'stment1 SFC CarrdJ had h o ide:ntified mehtal health iS$U~s requiring a m~dical
waiverto jorirn. Atcon:Jing to all repom,, SFC card lilad an unrremarkable military ,career
spanning tvventy-years. SFC Carrd did not deploy or mobmize: therefore, he was not
exposed to cohdfltions found irn a combat environment
1
(2) SFG Card's death was preceded lby a rseries of events beginning in the FalUof
1
2oi2, which likely exacerbated his mental health issues leading up to his suicide, ihe$e
events included his pemepUo:n r0f others making derogatory
statements about him, beginning the use of hearing aids, arnd eonfllets with -
, and with his fellow lJSAR urnlt members. Family members
became concerned with SFC Card's ,deterioratirng mental .state and reported their
concerns, seelking assistance from local law enforcement authorities for ~he first time.,
on 3 May 2023,
(3) Despite not attendililQ the unit validation exericise in 1Aprn .2023, SFG Gard was
ordered to lilis Fiscal Year Annual naining (AT) from 15 - 28 July 2023. Afte'r engaging
rir, ,a veJibal altercation wit/lit unit mem!Jer.s on 15 July 20.23. SFC carrd was oraerea by
3d Batta~io:n, 304tfh l nfantry Regime'.nt
(3-304th), to undergo a Command Directed Behavioral Health Evajuaition (CD'BHE) on
16 July 2023. While 1umdergo,in9 this eval UJatio:n, medical officials at Keller Army
Commun'ity Hospital (KACH), West Poirrlt,, NJY,, assessed SFC Card''s ~ondltion to be
signifiO"anit enough to o:rder his t1ospitalizatioo at a civilian mental health fadllity, the Fol!lr
'Wi1t11ds Hospital - Westchester. Katonah, NY, for ·further evaluation and treatment At the
eonolusion of ~is AT orders, 3-304th placea SFC cara on a medical Active Duty
Operatiornal S1upport-Reserve Component (ADOS-RC) duty order for six-days to
facmtate his stay in the !hospital. SFC Card's reported! symptoms included psychos_is~
mood lability/aggressio:n, lhomilcidal idleations, [Parainoia, arnd a1Udtitory hallucinations,
according the Four Winds dijscharge summary.
2 Army Regulati<1n 15-6 (1 Apr,ii 2016) defines [l)repo:niderance of the ev,idence as Evidence which is ,of
greate:r weight or more convincing tharn the ,evidence which is offered in oppO'sitiron to it; that is, evide:oce
which as a w hole shows that the 'fact sought to be proved 1is more probable t'harn not. Preponderance of
the ev,i dence may not be determined by ~he number of witnesses, but by the ,greater we,ight of all
·evidence..
{4) llhe Army metllCal provide:r who conduttijd the COBHIE icondluded SFC Card
did not meet the Armts meaieal retention standards and recommended to SFC Card's
chain of command th,at SIFC Ca rd r15e entered into the Disability Evaluation System,
1
whicfh would fadmate his disdia1rge firom the military. 3 SFC Card's access to his
assigned {military ,owned) weapon was re:stricted on 20 Jiuly 202,3. SFG Gard was
eventually d'ischarged from Four Wirntls H(ospital o:n 3 August 2023 under questionable
circumstarnC'"esi and rtlea$ed ~rorn lhis USAR orde-rs, after 20 days with a dia9't:1o~is of
"Brief Psychotic Discm:1~r and rncommendea sttleduling of ftillow--0n treatment ~ntJ
prescribed psycniatric rrH:iditatio'.ns.
(5) After SFC Card's release in ea1rly August 2023, StFC Caird's unit diid not
conduct a reqruired Line of Duty lnvesti,gatio.n to propetily document SFC Ca1rd':$
,oondmon and hospital stay which would allow the ,government to pay for treatment of his
·condition, nor did the unit initiate disabmty processing. 4 Upon SFC Card's release 1from
Four 'Winds Hospital on 3 Augrust 2023, SFC card's chain or command was not
providea with any ijnformation regarding SFC Cardls diag111osis1 prog nosis,, or dischat1ge
1
(6) qn .13 September 2023, SFC Card told h i s - and feUow urnit
membeir,l he "could itake out 100 people with this (exipensive scope"
he had just bought followed by a list o-f dlfferrernt [places rne cou~d 4ishoot up." Ill'
- reported SFC Gard's trtnreats to commit a mass s11ooting to tri~ chain of
command who ~hen referred the thire,ats t,o local law enforcemernt Law ,enforcement
attempted t,o establish contact w ith SIFC Card on 15 and 16 September 2023. Despit~
SFC Card being inside his home on tihe 16th, lo-cal aiuthorities did llilOt force an
int,eract'ion or attempt to employ the Maine Yelllow Flag Law, which could lhave restricted
SFC Card's access to his prlvately owned flirearms.
(7) on 25 October 2023, SFC Card was identified as me lone snooter, kimin,g 18
people, a'nd wounding ain additional 13 in L,ewiston, Maine, After a two-day manhunt,
SFC Card's body was dis·covered, The Oilflce of Chief Medical Examiner, State of
3 The Disability Evaluation System is the Army",s mechanism for determinililQ whether ,a 'Se:rviciemember
will re~um to duty, medically separate, or imedicalty reti're due to disability, The Dis:abil'ity Ev,aluation
System, also r,eferred to .as ibhe lrntegra'tec!l Disability Ev,aluation Sy.stem {1DIES}, consists of a Medical
lEvaluation Board and a Physical Evaluation Board. The applicable Army Regulatio:ns are Army
Regulation 40-501 ·(Standards of Medial Fitness) and Army Regulation 63-5-40 (Disability Evaluation for
Retentio'.ft, Retirement, or Separation).
4 A line of !Duty determirnation is an administrative tool for determinil'itg a Soldier's duty stat,us at the time
of injury, illness, disability,, or death, USAR Soldiers are generally on1y in the lirne of Duty while in a duty
status, See Army Regulatio:n 600--8-4 (lirne of Duty Policy, Procedures, arnd lnvesti,gations},
Maine, found that SFt C:ard dled due to a single perforating s~lf;inflleted 1gunshot
w o u n d -. At the time of his death, SFC Card nac1 no intoxicating drugs,
including alcohol, in r111is system.
c. Recommendatiorns.
(1) Ref~r thi$ irtveistigation to the Director, D~fEJn$e li~ami Agency (DHA), to
evaluate whetherr Four Winds Hospital imet the stand~ra of ca1 re. arnd if rnotl consider
r emoving Four Winds as ·am authorized treatment facility, In accordance with Title 32 to
the Code of Federal Regulations. Additionany, consider terminating fne contract of
Spectrum Services Group, Inc., whb provided nurse case management servic:es w ithin
KACH .
(2) Reqt1<:!$t DHA an~ the Army Surg·eon General update procedures of Army
med Ital agencies to ireqUiire written communication witn a Soldier's chain of command
at 1he lowest level at every stage of a So'ldler;s case.. Also tiequest Army medica1
ag·encies are trained on the basic nature of Reserve personnel's service tio better
communicate with iunit and civilian agencies when ther.e is a requirement for monitoring
t?:ind follow-on ca1re.
d. Tlhis irnvestigatilon has been iturned over, in its entirety; to the De.partment of
Fo:rens ic Psychology at the Walter Reed National Mmitary Medical Center for review and
1
expert analysis of wfllether SFC Card 's care at FoU'r Windls met the establ~slhed
Standard of Care and! whe~her SFC Card's rcondition requiring hospitalization in July-
A1.1tgutst 20.2 3 wa:s in the Line of Duty. Walter Reed wiill :also prov~de a Rodt Gause
Analysis an:d a Forensic Autopsy. 5 The a-esullts of Walter Reed's examirnat~on are
pe:nding.
5Root cause analysis (RCA) is a -structured method used to analyze serious adverse events. lnitiallly
developed to analyze !industrial accidents. RCA is now widely deployed as an e:rror anatysis tool in lheralth
care. A centra1I tenet of RCA is to ndentrfy underlying problems that increase the lik,elihood of errors while
avoflding the trap of focusing on mistakes by individuals. RCA thus uses the systems approach to identify
both active errors (errors occurring at the 1point of interface between !humans -and a complex system)
and latent erroirs (the hidden probllems within health care systems that contribute to adverse events). It is
one of the most widely used re1rospective methods for detecting safety hazards. See
Main~ ooat ramp; the UJn1ited States Attorney's Offite for Vhe District of Maine,, P,ortland.,
Maine; tne LTC Charles L. Butler U.S. Army Reserve Center irn Saco, Maine; ,and SFC
'Card;s and SFC Card's . Maine,
ex,aeeroated by serv,iee in Jru1y 2023 for tne pl!irposes of a Line of Duty 1determination
and wtiletner Four Winds complied wittil tne stan:dard of care in its treatment of SFC
Card.
3. Facts.
in Brunswick, Maine, to
8
a Exhibits H2. D.
9 Exhibit B21:
rn Exhibits B21, G54-56, J1-J 2.
(5) SFC Card dealt with anxiety iand was described a:s "sensitive"' and "cam
1introvert." While SFC card 1reportedly lived with lhe~ring issue~ since childhood, 'th~re ie
1no intom,atiorn that he saw a medical pnifessional Tor h~s 1diminishea heanng until he
was ;an adu~t SFC Card was ~eportedly refused [hearing aids lby a doetor later in life,
1
because his heating was too fair gone to benefit.1113 A review of SFC Card s enlistment
11 1
report of medical! e.xamihation (DD F,orm 2808) ilndicated re:durced hearing in his left ear
but not at the level requiring a waiver to enllist in the USAR The - suspected
his long-term hearing issues were a - "lharden~ng of the ear canal," likely
(6) .As a child, and ~ater a:s an adult1 SFC Card h·ad a small group offrlends. 15 He
was close with h~s- aind generally had good relationships with
Tluougho1utl l l childhrood, SFG Card and . . routinely competed .
while SIFC Card w~s tech savvy.16
(7) SFC Gard was inot violelfilt as a child. He ''never wa111ted to kin anything" and
would often hide with - when it was time to go nuntrng with
- or if a fam, animal had to be euthan~zoo. SIFC Card aid not kill his first deer until
he was an adult. 17
11 Exhibit 13'21.
12 Id,
13 Exhibits 821, K42.
u Jd,
lS Id,
i6 Id.
17 Exhibit B21.
l8 Id.
n9 /d.
1(1 o) SFC Gard possessed a strong work ethic, whith hislllll ,credited to lhis
desire to 11get away from doing worrk on the _ _21 ,ij
(1) SFC Cara enlisted rn the U.S. Army Reserve on 14 December 2002.. At the
time, SFC Card's
i{2) SFC Card's Military Occupational Specialty (MOS) was -92.F, Petroleum
Supply Specialist1 with an Additional Skill Identifier {ASI) EH7, Ernlisted Petroleum
Veihicle oiperato-r.2"
I II - •11-
20 Id,
21 Id.
22 Exhibit D.
23 Exhibit B21.
24 Exhibit N79.
25 Exhibit B39.
26 Exhibit N69.
27 Exhibit B21.
28 Exhibit B21.
29 Exhibit B36.
(6) In Aprn 2007, SFC Carrd was arre$t~d fo:r, and stJlbseqruert~ly eor1vlcted ofl
30
{9) In :was, S1 FC Card fell f1rom the roof of his home and broke his neck,35 There
is no evidence that SIFC Card re1po'li ed this accide:nt to the USAR and ~here are no
notes in hiis military medical file documenting the accident.
(10) SFC card join~d B company, 3d Battalion, 304th Infantry Regime:n t 2,ct
Brigade, 104tn Traintng DMsion,, 108th Trairning Command, on 9Aprll 2014.36
i(1 2) 1111 2017 1 SFC Card was referred to an MOS Adminilstrative IRete:ntion Review
to determine if he shoulld be referred to a Medical Evaluation Board due to his persistent
!hearing issues. Otil 1.2 July 2017, SFC Card was found fit for duty and given a
fpemum~nt H3 profile with a Woode. This profiile and cod.e Iindiicated that although SFC
Card had a permanent iprofile, he shoulltl be retaiined and returned to duty. 38
(13) Urnit members desrcribed SFC Card as kind, friendly, calm , and genemus. 39
Accordirng tio his SFC Catd lilad no
pteviol!Jsly reported performance or conduct issues prior to the Spring of 2023.40
30 Exhibit J4.
31 Exhibits H2, N70, N71.
32 Exhibit 836.
33 Exhibit B21.
34 Exhibits B2t, 839.
35 Exhibit B21.
:35 Exhibit N79.
37 Exhibits H2, 85, 810, B42, R13,
38 Exhibit E7.
39 Exhlbits 81 0, 842, 836, B39.
1
1(14) sFC Card worked primarily as a true!< drTver in nls civllh:m capacity. and al
the time of his death was emp~oyed as a bread de~ivery driver for First Fleet, Inc. in
Lewiston. Maine.41 SFC Card also worked as a truck driver fo'r Maine Recycling
1
,corporation in Lisbon Fallls; Maine, ftrom 2021 until early Jully 2023. 42 SFC Gaird
previotisly wo:rked at Pine State Beverage distribution in Gardiner1 Maine, Kris~Way
Truck Leasing in Auburn, Maine, and Bsaxtet Brewing company in ILeWi$tdn, Maine,
accordirng to 43
c. Fall 2022,
40 Exhibit B3,
4•1 Exhibits D, 836, B21 ,
42 Exhibit B21.
43 Exhibit K41.
44 Exhibit B36.
45 Id.
46 Exhibits 838, 821 .
47 Exhibits 838, G48-53.
48 Exhibit 838.
10
(1) SFC Card reached 20 years of service in the U.S. Army Reserve on 14
December 2022. In early 2023, SFC Card received his 20-year letter memorializing the
same.56
(2) In January 2023, SFC Card bought hearing aids online from Aud icus
(www.audicus.com), receiving them on 2 March 2023. 57
49 Id.
50 Exhibit 836.
51 Id.
52 Exhibits 836, 81 0, 821.
53 Exhibit 838.
54 Id.
55 Exhibit 836.
56 Exhibits N77, 836, 810.
57 Exhibit 821.
58 Exhibits 836, 838.
11
(4) Among the m:erntai hlealtih iS$Ue$ observed wrc1s Sif t card rte[po rting that he
1
was ne11ring voices. There are no reports of SFC Card hearing voices prior to January
2023. The first time SFC Card complained about hearing people talking arDout him
[befhind his back occurred in January 2023 when he was with at
Schemengees Bar and Grille.59
Card would claim that people around him were talking 1clbout hint 60 SFC Card told _
he .believ,ed that people nearby were saying derogatory things, such as calling him a
1
" pedophile ."
61
came to tihe conclusion that SFC Card was "hearing voices" and that he was "starting to
experience paranoia." 62 - desrcribad SFC Card as "acting angry and parano'id,"63
e. Marc hi 2023.
(1) Upon receiving his r111earing aids o:n 2 March 2023, SFC Card texteci 1111
stating, "Got my hear,Jng aids today got llfly night ear perfect but left is
about where my hearing 1in my r1ight ear was about 4'0 percent hea1ring 1-oss lbut they may
lbe able to adjust it to get it a little better or I'll have to srend these back and lhea(jj to the
1
(2} In Marcri 2023, SFC car,cJ and - went to the Gowell's Shop n Save 1
grocery store 1in 1Litch1fiela, Maiine.65 SFC ~ he "heard" an olcter couplle 50-
100 feet away in the store talking about him, and he told - they were calling him a
"pedophile."66 - told SFC Card that he did not hear the older couple say anything
abouit him, but SIFC Card insisted they were talkring about him.67 SFC Caird did not
'Confront the older couple.'68
(3) Also in or about Mar,ch 2023, SFC Card told - ·that there was
"somettling online·· about tnim being a pedophile.69 - refrfevecl an online pnotograpln
12
but SFC Card insisted there had to be something else out there pertaining to
him. SFC Card ~hen became very upset, accusing
derro:gatory !information >about him that - h,ad see:n on the internet.
f. April 2:023.
(1) Between Marrch and April 2023., SFC Carrd ofte:n cal l e d -. one of
SFC Card's closest Mends in the 31304th. to comp!lain that tpeople in the unit were
callling him "gay." When - asked for specmc names of the people camng him
"gay,'' SFC Card dud not respond . Instead, SFC Caird indicated that it was people 'Who
·sat at the front of tjhe room in the group of classrooms. An estimate of the amouint of unit
memlbers and the distance rt,etween SFC Cara and the ameged people taI11<ing atJout him
i's at least tnirty 1
people sitting ,about 30-401eet away. 73
(4)A!lso in April 2023, the 3/304th conducted a unit anrmal tra1iniIng validation
event at Jloint fBase McGuire-Dix~LaKehurst in New Jersey, to determine trainers for the
upcomirng summer Annual Training at West Point. 77 SFG Card did not attend the
valiclation exercise.78
13
(5) 17he tnitd ineklent observed b y - occurred in April 2023 When Ihle
and SFC Carcj were shopping at a Lowe's Hardware St1ore. According t10 -. there
was ,a couple ta'lking to a !Lowe's employee about electlical work in their garage.79 SFC
Card tol d - h e believed the couple was calling him a pedophile,00 -said he to11d
- he did not lh ear the co·uple say anything othe:r than ask q11Jestions raboUJt
electrical work.81
standards set forth by ithe USACC G37. The 104th T,raining Divtsioo'-s battalions generally run internal
training events called "validations" during an FTX or Battle Assembly in the April or May timeframe. E:adh
battalion ~validlation• is tailored to the battalicn's mission to support UJ$AC.C ot the United States Military
Academy (IJSMA), The "validation" 1is not Soldier validation or qualificatiorn. nor is 1it an externally
evaluated training event, bl!lt rather ,a battalion internal collective training e:vent or rehearsal focused on
the irequireme111ts, running various ranges, of th~ customer unit {USMA). lihus. 3-304's validation event
consisted of mnnang various ranges and the ba'ttallioro h:ad ernough leaders wfllh the proper training it> be
rar11ge ·OJC-s/NCOICs and that they aire [Prepared to conduct fheir respedtlve range 1AW USMA's
requi11emen1s. Upon the battalion''s arrival at USMA. USMA's Department of Military !instruction assess the
vanl'OUS trai.nin9 lanes a few days pnior to the execution of IUSMA's summer tr:airning missiorns. According
t,o _ _ it was not uncommorn for Soldiers to still be assigned to AT despite not attending the
" v ~ e n l t because there are always duties that don't requiire specific requiiremerits at the various
summer training events. for ,examjple vehicle drive:rs or ammunitkm detaiL
78 Exh.ibit 838.
79 Id,
so Id.
s1 Id,
82 /d,
83 Exhibits 838, 821 ,
14
g. May 2023,
(1) After the incident at SFO Card's house in late April 2023,
(3) The Topsham Ponce Officer referred the matter to tlile Sagadahoc County
Sheriff's Office, responsible for Bowdoin, Maine, the town where SFC Card lived .86 The
Sagadahoc County Sheriiff's Office (SC.SO) assigned to
investigate the mattet 87
~ Exhibit B38.
85 Exhibits B38, H6.
86 Exhibits J1. IH6.
87 EKhibit J1 pg. 1.
68 Exhibit B38.
tr9 Id.
15
1(8) Based on 'a lack of any specific threat, ,explained that their
95
options were limited, Nevertheless, discussed several options with
including how to approach SFC Card. 96 They all agreed tihe
best course of action was to oormect with SFC Card's command irn the U.S. Army
Reserve.97 that ne would contact SFC Card's
• • • •
(9} In addition to cirmtacting Sf'C Card's U.S. Army Reserve unit ~he Sagadahoc
County Sherri'ff's Office a s k e d - if he would be willing to speak to ■
-- further stated tllat when :said he would
:spealk t,o SFC C:ard , the Sagadahoc Sherirfff's Office considered the matter closed,. 101
90 Exhibit H6.
91 Exhibits H6, J1' 839.
92 Id.
93 Exhibit J 1 pg, 3.
~ Exhibit:s J1 IPQ. 3, 839.
95 Exhibit J'1 pg. 3.
96 Jd,
97 Id,
98 Exhibit J1 ,
99 Id.
noo IExihibits 821, B39, iH6, J1.
10' IE~'hibit 821.
16
(13) acknowledged that he had no nde3 ·that SFC Card's problem was
as serious as was des~ribing. - also thanked for
making him awarre of the extent of SFC Card's mental health decline, since the unit was
planning an upcoming training exerrdse involving crewQserved weapons and
grenades. 112 that lhe would contact and
17
with regard to the people fhe believed were talking about him, although he did not
menti1on anyone specifically. 121 SFC Card was "in denial ithat tihe voices werern't real." 122
Durirn.g their visit, noticed tnat sometimes SFC Card would ''have to tal<e
113/d.
114 Jd.
115 Id.
~16 EJiOhibit J1 pg. 4.
111 c/d.
11B ,/cf.
n19 Id.
r20 IExi'hibit B21.,
121 ,l ei.
n22 Jd.
18
the h~aring aids ol!Jt becaus~ it would b"e ov~rstiml!Jlatinig in a ltJud t:!t11Virorm1ent." 123 SFC
Card refused to stop usirtg tine hea1
r lfilg aids but did agree to go to the doctor beca~se
h i s - expressed conc:•em about SFC Card's weight l oss. 124
d23Jd.
Jd.
,124
125 iE~hibits 83, B38, J1.
126 IExihibit 83.
t121.Jd.
n2s IExrhibits B3, C.20.
129 IE,ohibit B.22.
no ,E~'hibit B3.
rn IE,ohibits J 1, C15, B7.
132 IE,ohibit H12,
m IE~hibits H12, B7, 83.
19
AFRC-'OPI {800B-15-6b2)
1
{24) Ofil 4 May 2023, texted SFC Card to follow-up on their v,isit
from the prior evening. She wrote, Please keep me posted on the
!recordings and please make a physicians appointme1nt TODAY i(sic). It is so important to
1mle out and (sic) physical health problems. We are alll 1unique ,arnd have strengths and
weaknesses. It's important to lknow l:Jotih ~o navigate thirouglh life. You arre not alone.
Keep irn touch. " 138 However. wlhen- called SfC Card later that day to
ehec'k on lhim, SFC card had ehanged his mifild aoout seeing a <doetor.
u 4 :Exhibit J1 pg. 4.
n3S Id.
n'36 /d. at pg. 5.
m.1d.
~38 IE~'hibit 821 .
n39 Id. at pgs, 4-5.
20
(26) "13 Company, 31304th lhe?ld its Battle Assembly (BA) o:n 6-7 May 2023. SIFG
Carel attended this BA. 140 Despite what he had told ,about speaking to
SFC Card - saw SFC Card at BA but did not approach or speak to him
lbec.ausre he thought he should "let the dodors deall with the situation.!1141 However:. SF:C
Catrd had told - two days earlier tlhat would not see a <doctor.
i(28) lhe unit5s sigrn-in roste:r did not indicate a1n ea1rly release on 7 May 2023. 148
Other unit membe1rs interviewed could not recall en eanly irelease.149 ~ did
not recall being 1notifi-ed abo'ut ;an early re!lease between March and June.
(29) !Later in May 2023, - told that SFC card said he !had
nired tnree attorrneys because he was hearing people talk about him. 151 -
mentioned tnat SFC Card's attorrneys did not believe h1Jm either. 152 ~ old ~
~hat SFC Card even [bought a recorder to prove that people were talking about him.
21
1(30) As of May 2023, SFC Card's assumed that people really we,re
talking :about SFC Caret However,
1511 . 'explained to - c
- that tll~ voices SFC Card was hearing were not real .1
i{1) SFC Card .attended th~ unit's Battle Assemb1y on 3-4 Jurne 2023. 1511!111
saw SFC Card at Bame Assembly and recalled that SFC Card seemed normal. 159
did not speak: to SFC Card at the Jurne 2023 Battle Assembly because he
believed he should let the doctors lhaindle the situation.160
nS4 Jd.
nss 1d.
156 IE~hibits B3, B36.
157 IExihibit B3.
158 Elll'hibit L1.
~59 !Exhibits H1-2, L1, B7.
~60 IElllhibit H12,
f 61 IElll'hibit t-fl12,
162 IElll'hibits 83, L1.
m IE~hibit C8.
, ~ IElll'hibits CS. C9.
22
(4) Betweel'il on ,or Iibout 6 June 2023 and on ,or ·about 7 June 2023,
stopped by SFC Car~'s house to drop off
was also present. During the conversation, relayed that
' rn kill . _"165
(5)
Despite the tense interactions between them in April 2023, invited SFC Card t,o
the - reportedly observed a mass it,n SFC Card'·s
head when she briefly stood next to him at the e1
n(j of the - -·~57
i. July 2023.
orders for Anniual Training (AT) in Ju~y 20'.23 and - made that
decision "ibecause everyone needs to do Annual Training." 173 OTnof~ did
not factor in SFC Carrd's mental health issues, by not cancelling SFC Card's AT orders,
dated 5 AprU2023, because "it wasn't a detriment to his military jo!b."174 SFC Card was
i1nma11y scheduled to serve as a lane NCO for a crew-served WE:rapon.s 1ra111ge, Ill'
- also did not factor in SFC C-ard;s abserrrce from the valldatio:n exercise in April
23
2023. Ofthe 148 fk>ldiers who c:c>nducted Annual Training at West Point iIn July 2023,
32 did not attend 1rne Arpril 2023 11validation" event. 175
(2) According to "SFC Ca1rd did not want t,o be at AT this year, He
just wanted to retire but was ordered to go to AT." 176 maintained that SFC
Card firs·t mentioned this desire to iretire to him in September 2023, but as of the Spring
of '20.23 SIFC Card had lhdt indicated to that he dUd not Wa'f'it to attend
AT.177
(3) On the morrfrng of 15 July 2023, SFC Card picked up a rental van from the
Anmy Reserve Centeir in Saco, Maine. The
- 1lefd: the velhicle k1eys and a tue~ card for SFC Card. SFC Card left his personally
owned vehicle; a Subaru 0 1!Jtback, at the Army Reserve Center. SFC Card departed
1
Sa-co, Maine for Camp Smith, New York, 'fior fourteen days of Annual Training at Wesft
Point. NY ending on 28 Jlllly 2023. '178
(4) SFC Card arrived late on the afternoon of 15 July 2023. 179 At that time, other
training NCOs, including
(5) ~ asked SFC Gani to drop his luggage off in his room and jo'in the
otners at the pool. SFC Cara droppea tlis luggage cfff and aIpproxirnately t\,vtHilty
minutes later joined the oithers in the pool. lmmedlately upcm getting into the pool, SFC
Card began complaining that the "lady at the fro:nt desk" at the Camp Smi•th lodging
office who was checking him into his room was "talking a!bout me."182 - aind
the other NCOS expressed ske·pticism at SFC Card's aHegation, suggestirng to him that
he may have misheard the '"lady at the 1front desk."183
(6) FolloWing this conversatiorn, SFC Cata appeared quiet aincl witnc:Jrew from the
group cornversaUon,184 SFC Card retunrned to ~he group conversation a;pp:roximatelly
m IExihiblt K38.
176 l~ hibits836, B1'1>.
m IExihibit 83.
i11a E~hibit N132.
n 9 IE~hibit B10.
1~ IE~'hibits B10, B2, BS, B4. B16., G5-Gi9..
m 1Ell1'hibit B10.
Jd.
182
/d.
f 83
'164 IEXl'hibits 10, 85.
24
twenty minl[tes later, t:omplainlng that wMle travelirng to Camp Smith a lady wor1Klng at a
Dunkin Donuts, ~ocated at a hlghw~y rest stop in Massachusetts h-alfway down from
Maine 1 lhad been talking about him as welf.185 - questioned SFC Card about
this statement, explaining that the Dunkin Donutrs lady pro~bly sees hundreds ;o f
people every day, that she didl not know lilirn 1 and tlhell"efore it was unlikely she was
· •
talkmg ·
about·• · him.
• 100
,(1) Later that afte moott, tne group ordered ·ptzz:a for 1dinner: SFC Card, Ill'
went to a convenience store located neaiF Camp Smith to
purrchase beerr arnd thlern pick up the pizza at the restaurrant w.ext door.1sr On me way to
1
the convenience st,ore, S FC Card, while seated in the back of the truck, stated, "I can't
1
believe you're talking about me too, - rntalke care of it," or words to that effect 186
At that point, fell SFC Carn::f''.$ demeaInor change 1(180 degrees." 189
- then aske rf the had said anything, to which
replied he had not.
1(9) Upon return ing to Camp Smith, SIFC Carrd exited the truck without speaking to
anyone., grabbea mis beer, and weInt directly to lilis room .·196 - ltold me otliler
25
NCO$ abtHJ~ SFC Card's strange arnd threatening !behavior, recommending th·ey m~k~
the raw.are of the situatrion. -
also described SFC Card's behavior as "paranoia." 197
belief that SFC Calf'd shoUJld not lbe around liveQfire weapons trainirog.202
m IExihibit B16.
n9l! Exihibit B1 Cl.
us!l iExihibits B2, B5.
21t> IE~hibit B4.
201 .Id.
202 JcJ.
2ro iExihibits B1, 82.
204 IElll'hibit 82.
205 IElll'hibits B1, 87.
206 Elll'hibit B7.
101 IE~'hibits B7. 8'2. BS. 8'10.
168 IE~'hibits B7, 81:
26
went to 8FC cara·s room attempti1ng to s:peak with t11mj !Jut his door was locked, an~ he
1
lnitially refused to answer.
<(13) SFC Card eventuailly answered the door. - coula smell alcohol
emanating from Inside and assL!lmed SFC Cara had been drinking. SFG Caird said thiat
Ihle wanted to lbe left alone and to go to lbed, and th:en arttem1Pt ~d to close lhis door. 209
1
5tucK his foot into th~ door well. SFC Card told - that "he wanted
people to stop talking about him," to which~ reiterated that ever;one there was
·a friend and that no one was talking about him. SFC Card did not say mucn, if
anything, in response, but was observed having a ''-lhous'i:i!nd-ya1rd stare" as he
sucoessfully closed fhe door on them. 211 A short time l~teir, - retirieved a
"imasteir key" and enter,ed SFC Card's room, At ~hat point, SIFC Caird was in ihis bed,
retri,eveci SFC card',s rental van keys while - ,u1rv~yed the room
for weapons arr1d ammunition but f.ound none. 112 SFC Card told them he just wanted to
sleep, anca.111111 planned to reengage SFC card agatn in the moming.113
(1 4) then called on the way back to his lodging site.2~4
- told what had happened wrnh SFC Card as we!II as his plan to
ireengage the next morning. 15 wa.s not on AT ,o rders and not physically at
West Poi1nt at this time
'Scanned SFC Card's room 1and noticed that o:nly two beers were missitig tom the
2~ IExlhibit B7.
210 IExlhibrt J2 pg. 4.
211 IE~hibit B7.
2121d.
213 /d.
214 IE~hiblts B7, B3.
2·1s Id.
216 E~'hibit B3, K39.
217 IE~'hibits B7. B1.
218 IE~'hibits B2, B7.
27
twelve~:p atk SFG Card had purclhased the day before. 219 This led - to ~llev~
SFC Card's behavior was r,-ot ahx,ht>I related and that he 1
needed to go to the
hospital. 220
(16) - then contacted Gamp Smith Security which informed him that
because Camp Smith was a New Yo'rk Army Nait.'iona! Guard installl:ation, this matter
would be within the j'l!Jtisdictiorn of New York State? Polic~.~ 1 lll'ile New York State Pt,l1
ite
responded to the scene and mterviewe-c:f SFC caret m According to the New York State
Poriiee, unit members reported that SFC Card was drunk and threatening them ~ne night
before.223
1(17) SFC Card told the New York State Police he "was fed up with hearing others
talk behind lhis back. He further told the police that his unit is afraid that he "will do
something and tjha't (he) is cap,able."2i 4 However, me <confirmed tjhat me did rn,ot desire to
harrm h11mse!f or e,tners.125
(18) SFC Card was not taken ~nto custody. The rNew York State Poflice advised
- that it had insufficieint cause to place SFC Card in protectJive custody. The
New York State Police also refused to transport SFC Card to Keneir Army Oommunity
Hospital (IKACH) at West Point 226 However, the !New York State ~olice d1id rag1ree to
es-co:rt a personally owned ve'hlide from camp Smith to KACH. 227
28
- - - - - - - - -
(20) transported SFC card to KACH. 231
SFC Card did not speak during the trip but was observed sheddil'lg tears silently at one
point for about five minutes during the hour-~ong ride.232 - rep~etedly
,attempted! t,o speak with SFC Card duriIng the ride, explaining that th~y would not be
taking lhim to KACH if they did not care for him,233
(21) The ·group arrived at KACH at approximately 1250 on 16 July '.2023. SFC
Carrd was evalluated tit the Emergency IDep-anment 234 He was admitted for behavioral
health reasons with directions for 1:1 observation.235 arranged for -
to serve as
(22) The medijcal provide:rs at KACH coded th·e visit as 1{Primary; R45.850
homicidal ideations, Secondary~urnspeemect psycnosis not due to a substarnee or
know11 physiological ieondition. n2'a7 Medlcar Re,cords Mst the provider as
1
238
(23} SFC Card was obseirved as allert arnd responsive upon arriving at KACH .•
in KAC H's Emergency Deparrtme:nt.,
noted that SFC Card denied having suicidal ideations but exp:ressed that peqple were
talKing about rnim bernin{j lhis track, wnieh angered lnin't~ 9
23, Jd.
232 E~ibits 85, B10. C32.
213 IE-Xihibit 81 C
t
234 IExihibit E1 pg.72.
235 /cl. at pg. 75.
2!16 iE,ohibits E1 pgs. 88-90, 87, 810 pg. 3.
237 :E,ohibit E1 pg. 73.
238 /d. at pgs. 74-75..
239 J<J. at pg. 77.
240 .Jd. at pg. 78.
241
Id. at pg. 78.
242 iE~hibit E1 pg. 79, B10 pg. 3.
29
(28) In the oomment sectiion of the DA 3822 (Report of Mental Status Evaluati-0n),
recommended that, upon SFC Card's discharrge. his dha'in of ·comm~ntl
remain engaged with hiis care, the Brigade Medica~Officer foflow-l!lp with him
,concerning 1case management, and the Comma1nd initiate the Medical Ew1luatio:n Board
X I its
246 Id.
241 :Exihibit 83.
24s :Id.
249 fd.
250 iElll'hibit E1 pgs. 38-39.
251 :Id. at pg. 33.
252 /d.
30
(1 )At approXimately 2120 on 16 Jl!lly 2023, SFC Card was trainsferred from
KACH to Four Winds Hospital - W~stchester in IKato:nah, New York.2'61 He was liisted in
stable concHtion.2 62 Tlhe Four Winds admission note ireads '1reason for hospitalization. 40
y/o male reports he doesn't need to lbe here as 1111e doesn't believe lhe is Schizophreniic
or hearing voices/263 Additiornal ireasons for SFC Gard's admissil on we:re t1ue to reports
31
(2) SFC Card told Four Winds staff about the “rumors” going around that he was
a pedophile or gay, telling them that “everyone” or “just about everyone” – to include
those at his civilian and military jobs, a coffee shop, and the hospital – was spreading
these rumors. 265 SFC Card told them the rumors began at a local bar where he plays
cornhole and that the rumors quickly spread to his job. SFC Card also said people were
threatening to hurt him because they think he is a “bad ass.” 266 He admitted that
thinking about all these rumors had become a big distraction for him while at work. SFC
Card referenced a rumor going around about him at work that he had a small penis, to
which he responded by showing a coworker a picture of his penis, resulting in SFC Card
receiving a written warning.267 SFC Card told them he ultimately decided to quit his job
before he got fired or before he “ended up killing someone.” 268 SFC Card denied any
AHs or VHs (visual hallucinations). 269
(3) SFC Card told Four Winds staff that in his 20s he used to get into physical
fights with others, but he had not fought since then. 270 He denied any history of prior
suicidal ideations or suicidal attempts.271 SFC Card also told them he recently changed
his truck driving schedule to nights so that he would avoid seeing people during the
day.272 He acknowledged sleeping only about 3-4 hours during the day. 273 He denied
any recent changes in appetite. He had stopped drinking soda, resulting in the loss of
approximately 40-50 pounds within a month’s time back in December but had since
gained back 20 pounds. 274 He acknowledged being angry and frustrated at being
admitted to Four Winds because he did not need to be there, but he understood that if
he left, his commander would just send him right back. 275 He told them he might be
agreeable to taking medication if someone could give him a good sales pitch. 276
32
(4) SFC Card denied any history of depression, but acknowledged having social
anxiety, not liking large crowds, and drinking "to loosen up" in social settings. 2n He told
Four Winds staff he had mostly acquaintances and not any close friends.278 With
respect to his dating history, SFC Card identified as a male attracted to females only,
confirmed that he was not currently dating anyone, but that he had previously dated an
individual back in December, and then again in February for a period of two weeks, and
that he lost this relationship over all these rumors.279 He denied feeling hopeless or
helpless as well as any history of mania or hypomania.280 SFC Card told Four Winds
staff that he shared and that he was very active in -
- SFC Card became "irritable and agitated" after the Four Winds intake team
began discussing guns at his residence.282
(6) SFC Card was able to report feelings and symptoms during treatment
targeting Psychosis and Thought Disorders.28.5 Over time, SFC Card engaged in limited,
but mostly positive, interactions with his treatment group, whereas he often appeared
more guarded and resistant to treatment when interacting with Four Winds staff.286
However, he appeared able to comply with program expectations with staff support and
encouragement.287
(7) Four Winds staff experienced difficulties engaging with SFC Card's -
during his hospitalization, as - did not answer the phone during most
288
attempted calls. After numerous attempts, Four Winds staff established contact with
, and discussed SFC Card's ongoing treatment, safety, and
told them that SFC Card "could not return to •
m 1d.
21s 1d.
219 1d.
200 Id.
281
Exhibit E1 pg. 5.
Id.
282
283
Id.
™ Id.
285 Jd .
286 Exhibit E1 pg. 5.
287 Id. at pg. 6.
2es 1d.
289 Id.
33
Four 290 A
Winds therapist provided supportive therapy to and SFC Card, which included
safety planning and SFC Card's treatment throughout his stay.291
290 Id.
291 Exhibit E1 pg. 6.
292 Id.
293 Id.
294 Id.
295 Id.
296 Exhibit E1 pg. 6-7.
297 MEDCHART is The Medical Electronic Data (for) Care History and Readiness Tracking system and is
a customizable, centralized approach to managing all aspects of a Soldier's medical readiness and care
history. From routine s-ervices, dental treatments, and medical record imaging to full case management
capabilities, MEDCHART aims to provide better care and readiness tracking for military Soldiers.
298 Exhibit E1 pg. 4.
299 Id.
300 Exhibit E1.
34
permanent profile sooner) and Nurse Case Managers (NCM) manage pennanent
profiles. At times, ARMMC leadership will switch roles based on experience and
skillsets. 301
35
(16)
- During this time, did not visit, or attempt to visit, SFC Card, while
he remained hospitalized at Four Winds.318 Further, did not attempt to
discuss a treatment plan or way forward with medical providers at KACH or Four Winds
while on the ground
..
email. Therefore,
-
311
left a hard copy DA 3822 in an envelope fol l l l
at KACH, which he picked up a few days later
Exhibit E1 pg. 3.
-
3 12 Exhibit B3.
313 Exhibit E1 pg. 6.
31-' Exhibits E1 pg. 5, 831 .
315 Exhibit E1 pg. 5.
31& Id.
317 Exhibit B3.
31e Id.
31s 1d.
36
(19) While at Four Winds, on 26 July 2023, SFC Card received psychological
testing to assist in differential diagnosis and treatment planning.321 SFC Card did not
participate in psychological testing after 26 July 2023. Four Winds staff faxed this
information to - at KACH on 28 July 2023.322
(20) Four Winds used the following psychological testing methods: Wechsler
Adult Intelligence Scale, 4th Edition (Wais-IV); WAIS-IV Advanced Clinical Solutions:
Test of Premorbid Functioning (TOPF); Wechsler Memory Scales, 4th Edition (WMS-
IV)-Nonverbal Working Memory; California Verbal Learning Test, Third Edition (CVLT-3);
Wide Range Achievement Test-Revision 5 (WRAT-5); Wisconsin Card Sorting Test
(WCST); Four Winds Continuous Performance Task (FWCPT); Delis-Kaplan Executive
Functioning System (D-KEFS); Minnesota Multiphasic Personality Inventory-Revision 2
(MMPl-2); Personality Assessment Inventory (PAI); Beck Hopelessness Scale (BHS);
Suicide Probability Scale (SPS); Adult Suicidal Ideation Questionnaire (ASIQ); Firestone
Assessment of Violent Thoughts (FAVT); Classification of Violence Risk (COVR);
Rorschach (Comprehensive System )323 ; and Hopkins Psychiatric Rating Scale
(HPRS).324
37
(23- determined that SFC Card's coping resources were about as well-
developed as those of most adults, and he was no more likely to be overwhelmed,
disorganized, or lose control in the face of the ordinary demands of daily life than others
his age. 330 According to _ , this "does not mean that his behavior is always
effective, appropriate, or admirable," only that SFC Card 's actions are typically the result
of his decisions, beliefs, preferences, and general predilections and rarely the result of
overwhelming stress of symptoms of some abnormal state.331 However, - did
note there were three aspects of Mr. Card's personality that were likely to contribute to a
pervasive and recurring effect on his judgement and behavior: inconsistent coping style,
poor emotional controls, and narcissism.332
(24 )- further stated that people lacking consistent coping styles make
them less efficient in their approach to the world and more likely to reverse direction or
change course which lends an unstable and unpredictable quality to their behavior.333
Other things being equal, these individuals tend to make more errors, experience
greater stress, and appear more mercurial to the people around them. According to ■.
- "[SFC] Card appears to be one such individual and for that reason he may be
less predictable-both to himself and to those around him." 334
(25) - observed SFC Card to have very limited emotional controls, and
for that reason "it is difficult to know when [SFC] Card will react in this volatile and
38
extreme fashion. There will be times when he has intense and volatile reactions that
sometimes dominate his psychological functioning, but there will be other times when
his reactions seem moderate, appropriate, and well-integrated into his decision-making
activities."335
(28) - interpreted the data as suggesting that SFC Card was "a man of
average intellectual abilities. His mental abilities appear to be evenly developed and the
only neuropsychologically based cognitive impairment suggested by his test
performance was some difficulty sustaining focus when tracking auditory stimuli."339
(29) Based on the data,_ found SFC Card "extremely paranoid." Given
his observed erratic coping style, poor emotional controls, and unusual levels of
narcissism, - noted SFC Card's actions would be difficult to predict. 340
(30) - concluded that SFC Card's central problems stemmed from SFC
Card's personality rather than symptoms of some psychiatric condition and as a result
the benefits derived from psychotropic medications may be somewhat limited. 341
Nevertheless, noted SFC Card may derive some benefit from neuroleptic
medications. considered SFC Card a poor candidate for psychotherapy
335 Id.
336 Id. at pg. 58.
337 Exhibit E1 pg. 58.
338 Id. at pgs. 59--60.
339 Id. at pg. 60.
340 Id.
341 Id.
342 Id.
39
because SFC Card previously indicated on questionnaires that he found such therapy
disconcerting and unappealing. 343
(34) On 28 July 2023, KACH and Four Winds conducted a weekly meeting. 350
During this meeting, Four Winds reported that "SFC Card is taking Zyprexa
(Olanzapine) 5mg AM and 7.5mg PM."351 SFC Card reported that he would refuse to
take his medication ''tomorrow. "352 Four Winds staff observed he "continues to be
paranoid" and that Four Winds would fax psychological testing results to (KACH)
behavioral health "today. [SFC Card's] Court Hearing is Wednesday 02 August. No
discharge information at this time."353
(35) was "not provided much information" about SFC Card during
his hospitalization at Four Winds.354 was told SFC Card was not accepting
40
visitors and he thought "he would not have access to health information due to HIPPA
(sic)." 355 claims that Four Winds did not provide him with SFC Card's
discharge instructions. 356 However, also did not seek information from
Four Winds concerning SFC Card's prognosis, discharge instructions, or his follow-on
care requirements. 357
k. August 2023.
355 Id. Additionally, informed his chain of command - to include battalion, brigade, and
division command teams - of his understanding with respect to obtaining SFC Card's health information.
356 Id.
357 Id.
358 Id.
359 Exhibit B3.
360 Id.
361 Id.
362 Id.
363 Exhibit E1.
~Id.at pg.17.
41
appearance was cancelled.365 She noted that SFC Card was to be discharged at 1100
on 3 August 2023. 366 "The discharge plan is to have Telemynd for psychiatry and
psychology."367
(6) SFC Card stated that he "flipped out" on a female patient at Four Winds who
he claimed was talking about him.376 SFC Card told that he was really
angry about being committed to the hospital, so angry that he placed his mattress
365 /d.
366 Jd.
367 Telemynd is an online service that provides mental health services. Telemynd partners with TRICARE
to provide beneficiaries with therapy and psychiatry.
368 Exhibit B36.
369 Jd.
370 Exhibits B36, B3.
371 Exhibit B36.
3n /d.
373 /d.
31-' Jd.
375 /d.
376 Exhibit B36.
42
against the wall and punched it until his hands became blood y. 3n SFC Card further
explained that he did not want to be in the hospital and that he did not like that the
medications made him feel "lazy."378 Eventually, SFC Card stopped taking his
medication altogether. 379 When SFC Card and arrived at the Butler Army
Reserve Center in Saco, SFC Card was "really angry that his (car] doors were
unlocked." stated "I believe he had weapons in his car, specifically a
rifle."380
(7) The Four Winds Discharge Summary, dated 7 August 2023, noted the
following: "SFC Card received Individual, Group, Art, Family and Recreation Therapies.
The discharge diagnosis was noted as "F23 Brief Psychotic Disorder''. His abilities to
attend to activities of daily living, day to day ability to attend work/school and family/peer
interaction are noted as fair. His ability to access treatment after discharge is noted as
poor. He was discharged without appointments, with a note of referrals pending." 381
(8) Additionally, the Four Winds discharge summary noted that SFC Card
"appeared to be resistant to psychoeducation throughout treatment when discussing
presentation of symptoms. SFC Card acknowledged to providers at Four Winds that he
had a 'hit list.' He often appeared to place blame on others for his behaviors, stating that
'they were messing with me.' At the time of discharge, he denied any auditory or visual
hallucinations. However, at the time of discharge, he did not demonstrate a risk of harm
to self or others."382
(9) SFC Card was not formally evaluated for a Medical Evaluation Board, and his
unit did not conduct a formal Line of Duty Investigation, following SFC Card's discharge
from Four Winds.383
(10) On 3 August 2023, SFC Card's duty status terminated (for the last time)
when his AT orders and medical ADOS orders ended. 384 was not aware of
the Army Reserve Psychological Health Program at the time SFC Card's AT and
medical ADOS orders ended.385 The only action ~ ~ took upon SFC Card's
m Id.
31s 1d.
379 Id.
380 Exhibit B36.
381 Exhibit E1 pg. 4.
38 2 Id. at pg. 7.
383 Exhibit B3.
384 Exhibits N32, R6, B3, L 1.
385 Exhibit B3.
43
discharge was to update 386 The unit did not submit a CCIR update to the
18 July 2023 CCIR, upon SFC Card's release from Four Winds.
(11) On 5 August 2023, two days following his discharge from Four Winds, SFC
Card went to a gun shop in Auburn , Maine, to pick up a suppressor he had ordered
online.387 SFC Card ordered the suppressor before he departed for Annual Training on
15 July 2023, but intended to pick it up after Annual Training, according to llll
. . .8
(12) Upon arrival at the gun shop, SFC Card completed the required ATF Form
4473 in order to complete the transfer and take possession of the suppressor. 389 One of
the questions on that form asked if the purchaser had ever been committed to a
psychiatric facility.390 SFC Card answered in the affirmative, and the store employees
told him they could not sell him the suppressor. 391 According to the store owner, SFC
Card was polite, but said he would return after consulting a lawyer. 392 SFC Card
apparently never returned to the store.393
( 14) The Four Winds Hospital discharge summary was completed on 7 August
2023. 395 ~ made a chart entry on 7 August 2023 noting Case Management visit
type as continued. 6
(15) On 8 August 2023, - made a Case Manager entry, noting that she
left voicemails for SFC Card on 7 August 2023 and 8 August 2023, respectively, but that
386 Id.
387 Exhibit T6.
388 Exhibit C29.
389 Exhibit T6.
390 Id.
391 Jd.
392 Jd.
393 /d.
394 Exhibit C9.
395 Exhibit E1 pgs. 2-14.
396 Id. at pg. 18.
44
she had not received any return calls as of the time of her entry. 397 The noted provider
was 398
(16) The Four Winds Discharge Summary was faxed to KACH at 1432 on 11
August 2023. 399 This document was not uploaded into the military medical system until
21 August 2023.400 The discharge summary included relevant and critical information
which if it had been provided to the chain of command would have detailed the extent of
SFC Card's mental health issues. The summary provided the following functional
assessment. SFC Card's "ability to access treatment after discharge was noted as poor,
referrals were pending, and patient discharged without appointment at the time of
discharge." According to the Discharge Summary, SFC Card told providers at Four
Winds that he "decided to quit his job before he ended up killing someone," that he was
"sleeping 3-4 hours during the day", he "had a history of social anxiety" and that "he
usually drinks to loosen up in social situations." The discharge summary indicated SFC
Card had homicidal ideations (pt endorsed having a "hit list"), he appeared resistant to
psychoeducation, and he blamed others for his behavior. The therapist and treatment
team had difficulty engaging with - throughout the hospitalization and further
noted that SFC Card's - confirmed that the majority of the firearms were stored in
- gun safe.
45
(20) As of 31 August 2023,~ had not received any response from SFC
Card.415 PHP subsequently closed his case. SFC Card's case was closed based on
the PHP standard operating procedure (SOP or handbook) in use at the time. Based on
that SOP, PHP staff were required to reach out to SFC Card via email, phone, and/or
text, weekly until contact had been established or until the individual failed to respond to
at least five PHP documented contact attempts over a three-week period. PHP closed
this case based on the non-response by SFC Card.417
I. September 2023.
409 Id.
410 Exhibit E1.
411 Id.
412 Id.
41l Id.
41.t Id.
415 Id.
41& Id.
417 Exhibit E1 .
418 Exhibits B10, 836.
419 later recalled this
Id. This statement was made by SFC Card to - .
information to- -.
420 Exhibit B10.
46
(2)Also, on the ride home from the casino, SFC Card began repeating that "they
are ruining my life," and became very angry. 421 SFC Card described "places" where he
believed that people were talking about him and became angry about those as well. 422
(3) SFC Card complained to that the reason he could not buy
guns presently was due to his being committed to a mental hospital. 423
(5) Needing an excuse to get out of the car, told SFC Card he
wanted to get a pack of cigarettes and asked him to pull over at a nearby gas station. 427
When exited the car, SFC Card told . he was "done with"
him and left him at the gas station.428
47
- that "SFC Card starting yelling at him, saying 'I can't believe you're talking
behind my back' and was punched by SFC Card."431 told
he got out of the vehicle at a gas station and found his own way home. 43
did not personally contact law enforcement or submit a CCIR following his conversation
43
with directed - to contact the Sagadahoc
County Sherriffs Office (SCSO) and request that it conduct a health and welfare check
on SFC Card. 434 Despite not submitting a CCIR, maintains he informed
~ of his plan and that approved his intended course of
action.
431 Id.
432 Id.
433 Exhibit B3.
434 Exhibits B7, J2.
435 Exhibit B3.
436 Id.
437 Exhibits B3, L2, L3.
438 Id.
439 Id.
440 Exhibit J2 pg. 4.
48
law enforcement agency with jurisdiction over SFC Card. 44. , _ formally
requested assistance from the Ellsworth Police Department as directed.44•2
(12) In order to assist the Ellsworth Police Department in its request for
assistance, - wrote a letter describing SFC Card's recent mental health history
over the_preceding nine months, describing SFC Card's physical altercation with .
• fear that SFC Card would commit a mass shooting.
I
4
'° Id.
442 Id.
44 l Id.
44A Id. at pgs. 3-4, 9-10.
44 5 Exhibit J2 pgs. 3-4, 9-10.
44 6Id. at pg. 3.
447 Id. at pg. 4.
448 Id. I I
mistakenly provided an incorrect address for SFC Card in his request. The address-
- provided to the SCSO was for SFC Card's I and located approximately eight miles away.
SFC Card used th address on his official military documents. However, it appears
Sagadahoc County Sheriffs Office deputies did respond to SFC Card's residence, which was the white
trailer located at Bowdoin, Maine 04287.
449 Id. at pg. 4.
450 Exhibit J2 pg. 4.
49
50
the Kennebec County Sheriff's Office arrived to assist. 464 Both deputies then attempted
to contact SFC Card.465 The deputies could hear SFC Card moving around inside his
trailer, but he would not answer the door.Ml6 The deputies ultimately decided to leave the
property "due to being in a very disadvantageous position."467
~Id.
465 Exhibit J2 pg. 4.
466 Jd.
467 Id.
468 /d.
469 Exhibits J2 pg. 4, C24. The information
weapons differs greatly fro
believed that SFC Card still
470 Exhibit B3.
4n Id.
m Exhibit J2 pg. 5.
473 Id.
474 Exhibit B3.
51
52
"U)ust sitting here going insane like the plan is no one will tell me we're this shit being
said turned and my friends against me, so their plan is working." 486
responded , texting "I can't imagine how difficult this is for you. I don't
understand why this would be happening to you. It has to be for a purpose greater than
we can know and see. I think your and friends love you and don't know how
to help. It is fear of hurting you.
53
m. October 2023.
where this fucking shit online is" never heard from SFC Card again.503
This is the last known interaction betvveen SFC Card and - .
4~ Id.
495 fd.
496 Jd.
497 Id.
498 Exhibit B36.
499 Jd.
soo Exhibit C12.
501 Id.
502 /d.
503 Exhibit B21 .
504 Exhibit E1.
505 /d.
506 Jd.
54
(4) According to open-source media, SFC Card was in Hudson, New Hampshire,
on 19 October 2023, making a delivery to a Country Kitchen Bakery Outlet. 509 Bakery
outlet employees said SFC Card accused them of talking about him.510 Before he left,
SFC Card reportedly told employees, "Maybe you will be the ones I snap on."511
(5) On 23 October 2023, emailed SFC Card, informing him his case
had been reassigned to a new and reminding him that he needed to update his
behavioral health information.5 SFC Card's case was transferred because -
duties were changing to become alll.
(6) On 24 October 2023, the new attempted to contact
SFC Card by phone. 513 - previously served as a but switched roles with
- in mid-October 2023. A male answered the phone, asked to speak
with SFC Card, and the male on the other end of the line then hung up.514 - .
tried the number again, but the call went to voicemail, and she left a message.5 '15 •
Ill then emailed SFC Card, cc'ing 515
507 Id.
soa 1d.
509 Exhibit T 1.
510 Id.
511 Id.
512 Exhibit E1 pg. 1.
51l Id.
514 Id.
515 Id.
516 Id.
517 Exhibit T1 .
51s Exhibits G24-G29.
55
(3) As events progressed, additional reports suggested the shooter had moved to
Schemengees Bar and Grille.522
, was one of
the officers called to respond to the active shooter event that evening. After
responding to several unconfirmed reports pertaining to SFC Card's whereabouts, Ill
- identified SFC Card's vehicle at the Lisbon Falls boat ramp .524
(4) gave his name and phone number to the on-scene commander
that evening, but no one followed up with him before SFC Card 's suicide. 525 Police were
unable to locate SFC Card after they found his vehicle at the boat ramp that evening. 526
A manhunt then ensued.
(6) At approximately 1945 on 27 October 2023, SFC Card's body was located at
Maine Recycling, 36 Capital Avenue , Lisbon, Maine 04252.528 SFC Card's body was
discovered in the back of a tractor trailer parked on a Maine Recycling annex storage
lot. 529 The cause of death was listed as "gunshot wound - " and the manner of
530
death was listed as "suicide (shot self with handgun)." The toxicology report did not
reveal any findings of toxicological significance other than the presence of caffeine and
nicotine in SFC Card's system.531
56
(7) The 3/304th submitted both a CCIR for the mass shooting on 25 October
2023 and a separate CCIR for SFC Card’s suicide on 27 October 2023.
a. Military History.
(1) Provide a complete accounting of SFC Card’s military history. Include any
periods of Active-Duty Service, Mobilization, Deployments, Inactive Duty Training, etc.
Include promotions, reductions, transfers, awards, Uniform Code of Military Justice
violations, unfavorable personnel actions, etc.
(a) SFC Card enlisted in the United States Army Reserve on 14 December 2002,
and his Military Occupational Specialty (MOS) was 92F, Petroleum Supply Specialist
with an Additional Skill Identifier EH7, Enlisted Petroleum vehicle operator. SFC Card
completed Basic Training (Initial Entry Training) in 2003 and completed at least the
minimum-required statutory Inactive Duty Training and Annual Trainings every year
through 2023 in the U.S. Army Reserve. He never served on active duty in the Regular
Army or in the Army National Guard and he never mobilized or deployed to a CONUS
(Continental U.S.) or OCONUS (Outside Continental U.S.) location. In addition to his AT
periods, he completed multiple active-duty periods consistent with a full career,
including Professional Military Education (Initial Entry Training, Advanced Individual
Training, Warrior Leader Course, Advanced Leader Course) and additional skills training
(Unit Prevention Leader, Advanced Marksmanship Training, CBRN Defense Course).
His promotions, unit assignments, and awards are listed below. SFC Card received no
unfavorable actions during his career as indicated in his official military file, to include
Uniform Code of Military Justice violations or unfavorable personnel actions. 532
57
(e) Awards
06 MAR 2009 Commandant's List CBRN Defense Course
06 APR 2009 Army Reserve Components Achievement Medal
19 JUN 2009 Army Achievement Medal
28 JUN 2013 Certificate of Appreciation
05 MAY 2018 Army Reserve Components Achievement Medal
14 SEP 2020 Humanitarian Service Medal
(f) Assignments
14 DEC 2002 947 QM CO (PETRL SPT)
01 JAN 2008 439 QM CO (PETRL SPT)
09 APR 2014 B Company, 3d Battalion, 304th Infantry Regiment
(g) Deployments/Mobilizations
None
(2) Did SFC Card require any waivers to join the Army?
No. Despite his reported hearing issues, SFC Card did not require any waivers to
join the Army. 533
(3) Was SFC Card hospitalized during periods of Active-Duty service? If so, was
he properly discharged? If on active-duty orders, was he properly released from his
orders?
58
(a) SFC Card was hospitalized while on AT orders dated 15 July 2023 through 28
July 2023. His orders were extended on a different type of order for six days to facilitate
his stay in the hospital. 534 SFC Card was not hospitalized while in a duty status prior to
July 2023. SFC Card was hospitalized at KACH on 16 July 2023 and then transferred to
Four Winds.535 KACH was unable to provide the required level of treatment as they do
not have an inpatient behavior health facility, so they requested a transfer to Four Winds
on 16 July 2023. His admission to Four Winds was due to reports of psychosis, mood
!ability/aggression, homicidal ideations (having a "Hit list"), paranoia, and auditory
hallucinations.536 He was rated a "very low risk" of committing harm against himself or
others at Four Winds, after a full psychological evaluation
approximately 10 days after entry into the hospital and after he started psychiatric
medication. SFC Card was eventually discharged with a diagnosis of "Brief Psychotic
Disorder'' and scheduled for follow-on treatment and orders to continue to take
prescription medication.537
(b) I defer findings on whether SFC Card was property discharged from the Four
Winds Hospital to the experts at the Walter Reed Department of Forensic Psychology. I
am unable to conclusively determine if SFC Card received discharge instructions from
Four Winds when discharged on 3 August 2023. The discharge summary with
information related to appointments, medication, and care received was not signed by
Four Winds providers until 7 August 2023, 8 August 2023, 10 August 2023, and 11
August 2023.538 On the surface, SFC Card was permitted to leave the hospital and may
have had information on what to do next. However, according to .
"When I got there, he was immediately released and they let him out right away, no one
needed to talk to me first, and I never saw the discharge instructions." 539 The official
documents, which were not signed until at least four to eight days after SFC Card was
already released, indicate SFC Card was discharged by Four Winds under guidance
from and SFC Card received follow-up care instructions and medication.
SFC Card arranged on his own to have come pick him up from the
hospital. at KACH, wrote a medical note: "Call placed to SM [on 11
August 2023] .... Educated him on the services provided by Telemynd which he was
referred to by Four Winds. Services which include medication management and
therapy. Instructed him to go to their website to apply for an appointment. ... " 540 The
standard of care requires a patient to have a discharge order, therapy follow up, and
59
(c) A preponderance of the evidence shows SFC Card was not properly released
from his orders. Because SFC Card was hospitalized for over 24 hours during his
service on active duty, SFC Card’s unit should have initiated a Line of Duty Investigation
(LODI) while SFC Card was still in the hospital or immediately after his discharge. He
should have been continued on active-duty orders until the LODI was completed to
determine if his condition was aggravated by his service and if he was entitled to follow-
on medical care at the government’s expense, either on or off active-duty orders.
(1) Rules/Law. Per AR 600-8-4, paragraph 2-2, a LODI should be initiated on any
Soldier that experiences a loss of duty time for a period of more than 24 hours and the
injury, illness, or disease is of lasting significance or may require follow-on care for
Reserve members on duty for less than 30 days. Additionally, per paragraph 2-2d, a
formal LODI must be conducted when an injury, illness, or death occurs under strange
or doubtful circumstances or when a member of the USAR becomes disabled due to
that injury, illness, or death (emphasis added). Per paragraph 5-3 of that same
regulation, Commanders, medical officers, S1s, Staff Judge Advocates, unit
administrators, noncommissioned officers, and Reserve Component Soldiers who learn
of a Soldier’s injury, illness, disease, or death that occurred under circumstances that
might warrant a Line of Duty Investigation/Determination must take an active role in
ensuring that an investigation/determination is initiated and completed. Per AR 135-181,
paragraph 2-8c, Soldiers serving on active duty for 30 days or less may be continued on
active duty after their orders expire to continue health care treatment for the “in the line
of duty” (ILD) condition. Finally, per 10 United States Code (USC) § 12322, a member
may be continued on active duty for a period of more than 30 days while the member is
being treated for (or recovering from) an injury, illness or disease incurred or aggravated
in the line of duty.
(2) Application. While on active-duty orders, SFC Card was admitted to KACH for
psychiatric evaluation due to reports of erratic and concerning behavior. When KACH
determined they lacked the resources to treat SFC Card’s condition, they referred him
to Four Winds. SFC Card stayed at Four Winds from 16 July 2023 to 3 August 2023,
including the entire two-week active-duty training time. 541 SFC Card was on AT orders
60
from 15-28 July 2023 and then extended on Active Duty utilizing medical ADOS orders
from 29 July - 3 August 2023 for a total of 20 Active-Duty days and 19 spent receiving
treatment. This means SFC Card missed at least 10 duty days. Additionally, on-call
, determined SFC Card was not fit for
military service (did not meet medical retention standards). SFC Card's mental condition
could be considered "strange" under AR 600-8-4, which would require a Line of Duty
determination.
(3) The medical professionals at KACH and Four Winds documented that SFC
Card would require follow-on care, and completed a DA Form 3822,
Report of Mental Status Evaluation, stating SFC Card did not meet medical retention
standards. recommended SFC Card be entered into the Disability
Evaluation System and be evaluated for behavioral health medical readiness due to
"unspecified psychosis."
(4) Because SFC Card missed more than 24 hours of duty, the circumstances
were strange, he was likely to be determined medically unfit for military service, and his
condition required follow-on care, the requirement to initiate a LODI under AR 600-8-4
was met. The command should have initiated a LODI while SFC Card was still in the
hospital or immediately after his release.
(5) Additional good cause for extension on active-duty orders is because SFC
Card was found to need follow-on care to a condition discovered and treated during his
time on active duty. To receive that follow-on care at government expense, a LODI
would be necessary to determine if the condition was caused or aggravated by military
service. Because the follow-on care for SFC Card needed to occur immediately, the unit
should have continued SFC Card on medical ADOS orders, per AR 600-8-4, AR 135-
381 , and 10 USC§ 12322.
(6) The need for a LODI to determine service connection is further bolstered by
the statements of two providers, one reviewing the file near in time to the inciden --
KACH
one reviewing the fi le after SFC Card's death
These providers have differing opinions on whether this condition
was fully service aggravated, with - believing it was "exacerbated while on AT"
and believing it was not at all military-service aggravated.542 An
investigation should have been conducted to conclusively determine if the condition for
which SFC Card was treated in July 2023 was service aggravated or if it existed prior to
61
service and was not affected by military service. I defer findings on whether SFC Card's
condition in July - August 2023 should be considered in the Line of Duty.
(7) Because SFC Card needed immediate follow-on care, and because his
condition may have been aggravated by his military service, he should have been
extended on active-duty orders, and a LODI should have been conducted to determine
his entitlement to medical care before he was released from his orders. Additionally, AR
40-400, paragraph 5-9 states that Reserve Component members on active-duty orders
for 30 days or less will be evaluated for an MEB (Medical Evaluation Board) upon
completion of hospitalization before release from the Military Treatment Facility (MTF).
Upon release from Four Winds, SFC Card should have been returned to KACH for an
MEB rather than released of his own accord. Because he was released without a LODI
and MEB, a preponderance of the evidence shows SFC Card was improperly released
from his active-duty orders.
(d) A preponderance of the evidence shows the unit did not properly release SFC
Card from his orders because the unit did not ensure SF C Card was properly returned
to the Reserve Center in Saco, Maine (where SFC Card's AT began).
Regardless,
should have been placed in a duty status to accomplish this task. Although
- was later paid (on 26 October 2023) for his time using a DA Form 1380, he
was not paid for associated costs such as mileage.
(4) How long had SFC Card been in his current unit? Had he properly been in-
processed and counseled IAW Army regulations?
62
(a) SFC Card joined B Company, 3d Battalion, 304th Infantry Regiment (United
States Military Academy) (31304th), 104th Train ing Division, 108th Training Command,
on 9 April 2014 when he was a SGT.543
(b) SFC Card provided a variety of firearms instruction, with a particular focus as
a "grenade pit safety NCO" on the hand grenade range and a lane instructor for crew-
served weapons. Army Training Circular 3-23.30 doctrinally defines a safety NCO and
weapons instructor as having responsibility for the instruction and safety during live
hand grenade training and weapons training. 544
(6) What type of suicide or resiliency training did SFC Card participate in, and in
what time frame? When did SFC Card last complete a suicide stand-down/training?
(7) What was SFC Card's reputation at the unit? What ratings had he received on
his NCOERS in his current unit?
(a) SFC Card was generally considered a steady, average performer, who was
"solid and reliable ."546 He was described as a follower who would rather execute the
mission than lead other Soldiers. He was also described as kind , friendly, calm, and
generous.547 SFC Card's ~ reported no previous performance or
conduct issues prior to the Spring of 2023.
54 3 Exhibit H2.
s.u Exhibits H2, 85, 810, 87, 84, B42, R13.
545 Exhibit R-14.
546 Exhibit B18.
54 7 Exhibits B10, B42, 816, B36.
548 Exhibit B3.
63
(b) During SFC Card's last eight NCO ER ratings, he received a mix of average
(met standard) and above average (exceeded standard) ratings. 549
(8) Had SFC Card been singled out or harassed in any way by unit members or
leadership?
(b) Due to his deteriorating mental state, it is likely SFC Card attributed potential
harassment occurring at his civilian job at Maine Recycling to his fellow military service
members.550
(9) When was the last time SFC Card qualified on his assigned weapon? What
was his level of proficiency?
(a) SFC Card last qualified on his assigned weapon on 23 October 2021 .
(10) Did SFC Card make any protected communications to the IG, Command,
Congressional, etc.? If so, what was the result of those communications?
SFC Card did not make any protected communications to the IG, the command,
or Congress during his tenure at the 31304th from 2014 to 2023.551
( 11) Did SFC Card develop an injury, illness, or disease during a period where he
was in a duty status? If so, were there any Line of Duty Investigations conducted into
any injuries, illnesses, or diseases obtained by SFC Card? If not, why not? Did military
54 9Exhibits N9-N18.
550 Exhibit B10.
ss1 Exhibits K35, K36.
64
service aggravate any medical or mental conditions SFC Card may have had? Should a
formal Line of Duty Investigation be conducted IAW AR 600-8-4?
(a) Yes. SFC Card required treatment for a "Brief Psychotic Disorder" while on
active-duty orders in July 2023. SFC Card's mental health issues likely manifested in
January 2023, or earlier, while in a non-duty status. 552 His condition may have been
aggravated by subsequent military service during IDT periods in Spring 2023 or during
his AT in July 2023 noted, "My opinion is that SFC Card's preexisting
condition was exacerbated while on AT, but this condition pre-dated SFC Card 's AT."
However, opined that SFC Card's condition was not service
connected/aggravated, stating: "I don't believe records reflect that [this was service
aggravated]. He believed that he was hearing voices. I don't believe that this is military
service aggravated."553
(b)A LODI was not conducted for SFC Card. ~ stated that the unit
did not consider conducting a LODI a requirement at the time. As discussed above,
the unit erred in not initiating a formal LODI based on SFC Card's hospitalization in July
2023.
(c) At present, there are conflicting opinions whether military service aggravated
any medical or mental conditions SFC Card may have had. This reinforces the
necessity of a LODI. As stated previously, SFC Card's mental health issues may have
been exacerbated because he may not have wanted to be atAT. 555 When he
experienced his mental health episode during the first two days of AT in July 2023,
fellow unit members who SFC Card considered as peers and trusted colleagues
recognized his symptoms and reported their concerns to the command. SFC Card was
then taken to KACH, and later Four Winds, for evaluation and treatment. 556
(d) A formal LODI should be conducted IAW AR 600-8-4, focusing on SFC Card's
July 2023 admission to KACH and Four Winds as well as his condition prior to
discharge on 3 August 2023. The threshold question of whether his psychosis was
service connected, or service aggravated must be determined before any findings can
be made regarding SFC Card's suicide. As noted above, it is possible, military duties
exacerbated SFC Card's condition in July 2023, but
- opinions differ on this issue. A LODI should have been conducted in July
65
(1) What was SFC Card's basic personality (relaxed, intense, jovial, gregarious,
withdrawn, outgoing, morose, bitter, suspicious, angry, hostile, combative, other)?
(2) Was SFC Card's personality and demeanor before the suspected suicide
different from his normal behavior?
(a) In the months leading up to his suicide, beginning in or about January 2023,
SFC Card became increasingly paranoid that others were talking about him behind his
back, claiming he was a pedophile, gay, or had a small penis. When discussing these
matters, SFC Card would become easily agitated if anyone doubted his claims. 562
66
(3) Explain any recent change(s), if any, in mood or symptoms of mental illness.
(a) SFC Card's paranoia was indicative of his mental illness. His repeated
mentioning of hearing people talk about him could be attributed to feeling anxious or
worried.
(b) Other noted symptoms of mental illness can be emotional outbursts to include
changes in mood, extreme distress, anger, or the feeling that people are out to get
them.
(4) Explain any recent change(s) if any, in behavior, such as eating, sleeping,
social relationship, drinking, or drugs.
(c)SFC Card also self-reported to Four Winds that he was sleeping about 3-4
hours a day. 566
(5) Describe SFC Card's friendship group. Were there many, few, casual, or
intense friendships?
67
(c) - and SFC Card attended many Army training events together and
looked forward to seeing each other at drill weekends. 569
(6) Explain any recent withdrawal from any friend(s) or acting out, such as
gambling, overspending, or fighting .
(a) SFC Card routinely went to the casino with but was not known
to have a gambling addiction.
(b) SFC Card had an altercation with on 15 July 2023 during his AT at
Camp Smith, New York. SFC Card charged , stating "I can't believe you're
talking about me like that," referring to rumors about him being a pedophile and gay.
- denied saying anything negative about SFC Card, but SFC Card then
threatened to fight _ _s10
(a) According to : SfC Card spent a fairly large time in the outdoors
fishing and hunting with
(b) SFC Card would gamble at casinos, participate in horseshoe and corn hole
leagues and tournaments, and was a regular member of a bowling league "throughout
the years."
(c) There were no reports that SFC Card developed any friendships with any
participants while conducting these activities. On the contrary, SFC Card was reportedly
more of a loner with only a few close relationships such as with
and
68
(d) In addition, he collected various types of firearms and accessories and would
sometimes show scopes and other accessories to his fellow unit members. He was also
interested in investing in the stock market and would frequently discuss his
investments. 572
(b) SFC Card attended University of Maine from the Fall of 2001 until the Spring
of 2003. There was no record of civilian employment obtained for this time period. 574
(c) There were no records of SFC Card's employment history from 2003 through
2009.575
(d) SFC Card began working for Baxter Brewing Company as a delivery truck
driver in or around 2009 or 2010. 576
(e) There were no records available to determine SFC Card's employment history
from 2010 through 2023; however, - reported he
worked for several other companies, including Baxter Brewing Company, Pine State
Beverage, and Kris-Way Truck Leasing.
(f) SFC Card began working at Maine Recycling in the Spring of 2023. SFC Card
worked at Maine Recycling until he left in July 2023 following an incident with a 1111
- regarding the size of SFC Card's penis. 577
(g) SFC Card then started working for First Fleet as a bread truck delivery driver
in the summer of 2023.578
69
(9) Did SFC Card experience a recent loss (death, breakup of a relationship)? If
so, explain.
(10) Did SFC Card have any significant financial issue(s) or problem(s)? If so,
describe the nature of the problem(s).
(a) No. SFC Card did not have any significant financial issues.
(b) SFC Card was reportedly skilled at investing in day-trading stocks and crypto
currency. - - - reported that SFC Card made over $50,000 in profit between
2021-202~
(c) SFC Card was very interested in financial topics and education as evidenced
by the 16 Army electronic learning (distance learning) finance and accounting courses
he completed in and about 2011-2012. These courses included, Basic Accounting
Principles and Framework, The Balance Sheet, The Cash Flow Statement, and The
Value of Money and Investments for Non-Financial Personnel. 581
(11 ) Did SFC Card have a significant health problem(s)? If so, describe the
nature and treatment of the problem(s).
(a) No. However, SFC Card dealt with hearing loss. In 2017, SFC Card had
surgery on his ears, but the surgery was not completely successful. After he was
retained by the MOS Administrative Retention Review (MAR2), SFC Card purchased
commercial hearing aids and received them on approximately 2 March 2023.582
(b) Further, in 2008, according to SFC Card's _ , he fell from the roof of his
home and reportedly broke his neck, possibly leading to a traumatic brain injury.583 I
70
was unable to obtain SFC Card's civilian medical records to confirm his reported
cervical fracture. Additionally, I defer to Walter Reed to opine on the impact of SFC
Card's broken neck in relation to his mental health in the months leading to his death in
2023.
(12) Is there any indication that SFC Card was experiencing difficulties in a
relationship with a spouse, partner, parents, or children?
(b) In April 2023, SFC Card was involved in a verbal altercation with -
This incident, together with other observed paranoid behavior, caused
to report to law enforcement and to reduce the amount of contact and
visits he had with 584
(13) Had SFC Card ever been arrested? If so, what were the charges and the
disposition of those charges?
71
(a) SFC Card was arrested for and convicted of 'misdemeanor operating under
the influence' on 14 April 2007 in Topsham, Maine.
(b) SFC Card was found guilty on 15 May 2007, fined $500.00, incarcerated for
48 hours, and his license was suspended for 90 days. 589
(14) Did SFC Card have a history of illegal drug use or prescription medication
abuse? If so, explain.
(15) Did SFC Card have any recent communication(s) on the internet (that is,
with social networking sites)? If so describe or include these communications.
During this investigation, I discovered that SFC Card's social media sites were
either deleted or locked. However confirmed that SFC Card had used
Facebook.591
(16) Did SFC Card contact Army OneSource? Is so, about what issue?
Military One Source did not reply to my inquiry dated 8 January 2024.592
(17) Was SFC Card prescribed any prescription drug(s) at the time of his death?
If so, list the prescription drugs and for what the drugs were prescribed. When were the
drugs prescribed? Who prescribed the medications(s) and what type of provider was
he/she (i.e., Civilian doctor, Veteran's Affairs , Military Treatment facility)?
(a) SFC Card was prescribed the anti-psychotic, Olanzapine, during his hospital
stay and at the time of his discharge from Four Winds on 3 August 2023. 593 Four Winds
also recommended SFC Card take the following medications upon discharge: Omega-3
Fatty acid 1 gram daily, Melatonin 3mg daily at bedtime, and Vitamin 03 1000 units
daily.594
72
(b), From the onset, SFC Card did not want to take this medicine because how it
made him feel. On 28 July 2023, noted in the medical
record that SFC Card stated to the Four Winds treatment team, that "tomorrow he will
refuse to take his medication."
(c) During her 11 August 2023 follow up call with SFC Card after his release, SFC
Card told - · he (SFC Card) "stopped taking his medications because he did
not like how they made him feel." Finally, SFC Card told on their drive
back to Maine on 3 August 2023 that, "he didn't like how the medications made him feel,
it made him feel 'lazy'."
(18) What was SFC Card's religion and was SFC Card active in any religious
programs? If so, when was the last time he saw a religious professional? Did SFC Card
ever seek out a chaplain or was he ever command referred to a chaplain during military
service?
(b) There was insufficient information to determine the last time SFC Card saw a
religious professional or if SFC Card was referred to a command chaplain.
(19) Did SFC Card communicate a threat of suicide or homicide? If yes, then
answer the following: (a) To whom did SFC Card communicate the threat? (b) When
and where did he communicate the threat? (c) Was/were the communication(s) written ,
spoken, or nonverbal? (d) Was the chain of command aware of the suicide and
homicide threats? If yes: How did the command react to the threats (referral to law
enforcement, chaplain, combat stress team, mental health provider, other)? (e) What
was the diagnosis or opinion of these professionals if SFC Card was referred to a
medical health provider?
(a) Yes. SFC Card communicated threats, explicit and implicit, multiple times
between January 2023 and October 2023. In July 2023, SFC Card told - he
would ''take care of it" after accusing - of talking about him.
including mixed or manic episodes. Olanzapine helps to manage symptoms of mental health conditions
such as: seeing, hearing, feeling, or believing things that others do not, feeling unusually suspicious or
having muddled thoughts (schizophrenia) feeling agitated or hyperactive, very excited, elated, or
impulsive (mania symptoms of bipolar disorder).
595 Exhibit N79.
73
(b) While a patient at Four Winds, SFC Card conveyed mood !ability/aggression,
homicidal ideations, and admitted he had a "hit list."596
(d) The chain of command was aware of the threats, and they referred the threat
in September 2023 to local law enforcement in the form of letter to the
Sagadahoc County Sheriffs Office.599 - concluded his letter by saying that he
''would rather err on the side of caution with regards to Card since he is a capable
marksman and, if he should set his mind to carry out the threats made t~ he
would be able to do it."600 The chain of command did not confer with PHP which would
have revealed SFC Card was non-compliant with pursuing treatment or available
resources.
(e) Referral was made to law enforcement, not a medical health provider. SFC
Card's medical diagnosis remained unchanged after he was discharged from Four
Winds.
(20) Had SFC Card previously attempted suicide? If so, provide a history of the
attempt(s) and responses(s), indicate what circumstances led to those previous
attempts.
74
(21) Provide a complete accounting of SFC Card's medical and behavioral health
interactions dating back to 1 January 2020.
(a) SFC Card completed his Periodic Health Assessment (PHA) on 16 November
201 9, 15 January 2021 , 19 October 2021 , and 2 January 2023.602
(b) There is no mention of any additional medical or mental health care sought,
planned, or completed until his Emergency Department visit to KACH and transfer to
Four Winds on 16 July 2023 after being ordered to undergo a Command Directed
Behavioral Health Evaluation.603
(1) From 15-28 July 2023, SFC card was ordered to perform AT at Camp Smith,
New York. While at AT, when did SFC Card begin showing signs of mental distress?
What did the command do in response? Please be as detailed as possible.
(a) SFC Card began showing signs of mental distress immediately upon arriving
at Camp Smith. The command allowed SFC Card to sleep overnight and reengaged
him in the morning.
(2) On or about 15 July, SFC Card received care for his mental distress at Keller
Army Community Hospital (KACH), West Point, NY. (a) What was his diagnosis? (b)
What information did KACH give to SFC Card's Chain of Command regarding his
condition? (c) What information did KACH provide to the civilian mental health facility,
Four Winds Hospital?
(a) The medical providers at KACH coded the visit as "Primary- R45.850
homicidal ideations, Secondary-unspecified psychosis not due to a substance or known
physiological condition." Medical records list the provider at KACH as
Keller Army Community Hospital confirmed that
. This diagnosis of homicidal ideations on 16 July
2023 was the first time any medical professional formally documented that SFC Robert
Card was noted as potentially homicidal.
602 Exhibits E6 - E9
603 Exhibits 815, E1 , 83.
75
(c) KACH provided Four Winds with the following documents: Consent to
Transfer; DA Form 4700, lnterhospital Patient Transfer Form; EKG; 002870,
Authorization of Disclosure of Medical or Dental Information; and the Sitter Brief,
Medical Necessity Certification Statement for Non-Emergency Ambulance Services.605
(3) When was SFC Card admitted to Four Winds? (a) What medical diagnosis
did SFC Card receive at Four Winds? (b) How long was this care provided? (c) How
much information about this care did Four Winds provide with SFC Card's chain of
command?
(a) SFC Card was transferred from KACH and admitted to Four Winds on 16 July
2023. 606 SFC Card received care from Four Winds from 16 July 2023 to 3 August 2023
for a total of 19 days.607
(b) SFC Card received Individual Therapy, Group Therapy, Medication, Art
Therapy, Family Therapy, and Recreation Therapy. He also received psychological
testing.608
(c) After he was transferred to Four Winds, SFC Card was diagnosed with Brief
Psychotic Disorder, with no secondary diagnosis listed. The diagnosis from Four Winds
was based on the results of psychological testing, and therapy. At discharge from Four
Winds, SFC Card was diagnosed with "Brief psychotic disorder" by •
-- - - - - - - -- - -
and
- - -
- -
receiving care as a patient at Four Winds, SFC Card was also referred for psychological
testing to assist in differential diagnosis and treatment planning. At that time, the
diagnosis under primary consideration was "unspecified schizophrenia spectrum or
other psychotic disorder."610
(d) Four Winds did not provide with any information regarding SFC
Card's diagnosis, prognosis, or discharge instructions. Compounding matters, neither
nor- maintained any contact with KACH following SFC Card's
76
discharge from Four Winds. ~ believed llllwould not "be given any
information due to HIPPA (sic). "
(4) Was Four Winds providing updates to KACH on SFC Card's care? If so, how
often and to whom? If so, was KACH providing this information to SFC Card's Chain of
Command?
(b) indicated the only update received from KACH regarding SFC
Card's care was that SFC Card was still at Four Winds around 25 or 26 July 2023.613
said "during that week someone from Keller contacted - on
approximately 25/26 July. I can't recall the name, but it was a female representative.
She told me that SFC Card was still at Four Winds Hospital and Keller and Four Winds
were communicating during a weekly meeting they have for referred patients."614
(5) What actions did SFC Card's Chain of Command take while he was
hospitalized?
(b) On 27 July 2023, the 31304th placed SFC Card on a medical ADOS-RC order.
did not visit SFC Card at Four Winds
was told SFC Card was not
accepting visitors and thought not have access to health information due to
HIPPA (sic)."616
77
(e) - called Four Winds a_sking to visit SFC Card but was told that SFC
Card was not accepting visitors. gained contact information for SFC Card's
~re~~ )
and passed that Information to asked the
care team if SFC Card needed anything, to which they replied he needed pants, a
hearing aid charger, and shoes. • subsequently voluntarily delivered
these items. 617 never followed up with
78
(6) When did SFC Card's command depart West Point at the end of its annual
training?
Based on mission requirements, there were staggered orders for different groups
of Soldiers. 021
(7) Was SFC Card's AT order extended to provide him additional care? Was this
the proper mechanism to obtain treatment for SFC Card beyond his initial annual
training period?
(a) On 27 July 2023, IAW 10 U.S.C. § 12301(d), the 81st Readiness Division
placed SFC Card on Active Duty Operational Support-Reserve Component (ADOS-RC)
orders for an additional six days for "MEDICAL APPTS -ADOS HOSPITAL STAY."623
The 81 st Readiness Division's issuance of these extension orders do not appear
inconsistent with the USARC G-1 Standard Operating Procedure for Active Duty
Medical Care, dated 30 December 2022.624
(b) I was unable to determine why SFC Card's orders were only extended for six
days; whether the unit issued orders based off Four Winds release date, or whether
Four Winds discharged SFC Card based off the date his orders were ending.
(8) What were the discharge instructions by Four Winds for SFC Card? Did they
provide these instructions to SFC Card's chain of command or KACH? If not, did the
6 18Exhibit B6.
619 /d.
620 Exhibit B14.
621 Exhibit B3.
622 Exhibit B7.
623 Exhibits R15, B12. 10 U.S.C. § 12301(d) provides that a member of a reserve component may, with
79
Chain of command or KACH seek information from Four Winds on SFC Card's
discharge instructions, prognosis, need for follow on care etc.?
(a) SFC Card was discharged from Four Winds at 1355 on 3August 2023. The
Discharge Summary indicated that "SFC Card received Individual, Group, Art, Family
and Recreation Therapies. The discharge diagnosis was noted as "F23 Brief Psychotic
Disorder." His abilities to attend to activities of daily living, day to day ability to attend
work/school and family/peer interaction are noted as "fair." His ability to access
treatment after discharge is noted as "poor". He was discharged without appointments,
with a note of "referrals pending."625
(b) The Discharge Summary further noted that SFC Card "appeared to be
resistant to psychoeducation throughout treatment when discussing presentation of
symptoms. He often appeared to place blame on others for his behaviors, stating that
'they were messing with me."' At the time of discharge, he denied any auditory or visual
hallucinations. At the time of discharge, he did not demonstrate a "risk of harm to self or
others. "626
(c) Four Winds did not share the discharge instructions with SFC Card's chain of
command which was customary based on the referral relationship through TRICARE.
Instead, Four Winds faxed the Discharge Summary to KACH on 11 August 2023, eight
days after SFC Card was released.627 This document was not uploaded by KACH into
the military medical system until 21 August 2023.628
(9) Did SFC Card's chain of command maintain contact with KACH following
SFC Card's discharge from Four Winds? If not, why not?
(b) did not follow up with KACH after SFC Card's discharge
because he "did not think that he would be given any information due to HIPPA (sic)"630
80
( 10) What other agencies / commands with the Army Reserve were monitoring
his care and communicating with SFC Card? Please provide the 5Ws for every
communication. What did these agencies do after SFC Card was discharged from Four
Winds?
(a) Aside from the chain of command, the other agencies that were monitoring
SFC Card's care were KACH, the ARMMC ,631 and the PHP.632 The following is a
summary of their activities:
632 PHP is an Army Reserve-specific program designed to facilitate behavioral health services for Soldiers
and family members who need them. PHP Mission Statement: To achieve and sustain the most resilient
and mentally fit Reserve force in the Nation. We will accomplish this by facilitating behavioral health
services for Soldiers and family members who need them. Assist operational leadership through
Command consultation, preserving unit cohesion through traumatic event management, and developing
enduring partnerships with sister organizations.
81
did not see it "until after October 26."635 then stated he "did not recall"
what the profile stated. 636
(c) On 7 August 2023, (KACH) entered a note into SFC Card's military
medical record. Specifically, noted SFC Card's care as "continued ."637
(e) On 11 August 2023, Four Winds finally faxed SFC Card's discharge summary
to KACH. This document was not uploaded into the military medical system until 21
August 2023.
(i) On 31 August 2023, - - - closed SFC Card's case. PHP would reopen
the case if SFC Card e s t a b l i s ~39
635 Id.
636 Id.
637 Id. at pg. 18.
638 Id. at pg. 20.
639 Exhibit E1.
82
(n) On 23 October 2023, - sent an email to SFC Card, again cc'ing Ila
- notifying SFC Card that his case had been reassigned to a new NCR. 644
(11 ) Was SFC Card entitled to follow-on care following his release from Four
Winds? If so, did he receive follow-on care? Did these agencies provide any information
regarding SFC Card's care or communications following his discharge to SFC Card's
640 Id.
64 1 Id. at pg. 2.
642 Id.
643 Id.
64-4 Exhibit E1 pg. 1.
645 Id.
646 Id.
647 Id.
83
chain of command. If not, why not? What entities within the Army were responsible for
providing follow-on-care and monitoring SFC Card following his release? Were
appropriate procedures followed in regard to follow-on-care?
(a) SFC Card was entitled to follow-on care after his discharge from Four Winds.
On 2 August 2023, - documented that she spoke to at Four
Winds. 648 She noted that SFC Card withdrew his 72 hour request for discharge and that
his court appearance was cancelled. - documented that SFC Card would be
discharged at 1100 on 3 August 2023 with the discharge plan to have Telemynd for
psychiatry and psychology."649
(b) SFC Card did not receive follow-on care. According to Four Winds personnel,
at the time of discharge, they reached out to Telemynd for the status of SFC Card's
referral. Telemynd explained that patient appointments were still pending. They were
informed that an appointment can be given, and that the patient has been given all of
the necessary information to schedule a follow up appointment. Four Winds personnel
were subsequently informed by Telemynd that SFC Card had not set up an appointment
and had not checked his email which contained instructions on how to create an
account and to schedule an appointment. Four Winds personnel continued attempting
to connect Telemynd and SFC Card for a conference call to arrange for follow-on
care.650
(c} None of these communication failures were conveyed to SFC Card's chain of
command. Based upon statement, KACH does not admit or track Soldiers
who are on orders for 30 days or less. 651 Therefore, KACH was not following up on SFC
Card's care. Furthermore, Four Winds noted that the medication card for SFC Card
would be completed by West Point Behavioral Health.652 Follow-up appointments were
not completed by Four Winds upon SFC Card's discharge. It appears that Four Winds'
discharge of SFC Card was lacking any follow through regarding medication
management or adequate arrangements for SFC Card's follow-on care. Four Winds
believed KACH would follow up. KACH was not tracking SFC Card's care because he
was not on orders for more than 30 days. As a result, no one adequately followed up on
SFC Card's discharge care. Although Four Winds indicated that they had spoken to
SFC Card's- regarding discharge,
- SFCCard's
84
1. SFC Card's
was concerned about his becoming aggressive when he consum~s alcohol. -
also told Four Winds personnel that and that SFC Card could not
return to . 653 SFC Card's -
however, Four Wfnds released SFC Card
anyway.
(d) During SFC Card's stay at Four Winds, - noted that he was admitted
to Four Winds Hospital due to reports of psychosis, mood !ability/aggression, HI
(homicidal ideations), patient endorses having a "hit list", paranoia and AH (auditory
hallucinations).654 Despite the disturbing information regarding a "hit list," Four Winds
discharged SFC Card without an adequate plan for follow-on care or notification to the
chain of command or proper authorities regarding the potential danger SFC Card
posed. I defer to Walter Reed on whether Four Winds met the standard of care.
(f) I was unable to conclude by a preponderance of the evidence that Four Winds
attempted to invoke New York's Safe Act or if it reported to New York state officials that
SFC Card was "likely to engage in conduct that could seriously harm the patient himself
or others." Regardless, SFC Card was a transient and not a resident of the state.
Nonetheless, the facts surrounding SFC Card's discharge are suspect.
(g) SFC Card requested release from Four Winds on or about 26 July 2023, and
a court hearing was scheduled in accordance with New York state law for 2 August
2023. However, SFC Card rescinded his request, and the court hearing was cancelled.
Nevertheless, Four Winds released SFC Card anyway, without utilizing the court
65 3 Id. atpg. 6.
654 Id. at pg. 5.
655 Id. at pg. 60.
656 Id. at pg. 60.
85
hearing procedures. This suggests Four Winds may not have followed the appropriate
procedures.
-
does not acknowledge any of the other communications from ARM MC,
(j) KACH was responsible for providing an adequate hand-off to SFC Card's
chain of command for his follow-on care and monitoring. KACH BH failed to properly
close out the case with SFC Card's military leadership. The Four Winds discharge
summary clearly noted that the West Point Behavioral Health department was
responsible for the medication follow up.659 Four Winds also noted a referral to therapy
would be provided through Telemynd, a virtual provider.660
(k) Appropriate procedures were not followed regarding SFC Card's follow-on
care. Four Winds did not appropriately note KACH's role in SFC Card's follow-on care,
as KACH would not be responsible for managing SFC Card's medications. Although
KACH technically followed its procedures for not providing follow-on care for Soldiers on
orders for 30 days or less, we recommend that those procedures be modified to
incorporate continuous follow-on care for Reserve Component Soldiers until a hand-off
with the command is completed.
(I) It appears that ARMMC followed their procedures. Despite PH P's procedures
proving to be inadequate, the members of the PHP followed the procedures that were in
86
place at the time. While ARMMC and PHP are not explicitly required to provide care,
only give a status on profiles, or provide resource recommendations for care,
respectively, both organizations also failed to make adequate attempts to advise SFC
Card's chain of command of the serious diagnoses and warning signs in his medical
chart. This is of grave concern given ARMMC's and PHP's unrestricted access to SFC
Card's medical files. Both programs lacked an enforcement mechanism beyond
informing of SFC Card's non-compliance.
(12) What were the circumstances surrounding the physical altercation between
and SFC Card on 13 September 2023? Please provide the 5Ws.
(c) At that point, began "to put two and two together" regarding
SFC Card's deteriorating mental health.663 As an excuse to get out of the car, llr
- told SFC Card that he wanted to get a pack of cigarettes and asked him to pull
over at a nearby gas station. When got out of the car, SFC Card said he
was "done with" , and left him at the gas station. 664
87
gate and be armed if sfc (sic) card does arrive. Please. I believe he's messed up in the
head. And threaten the unit and other places. but I do not know how to
help him, and he refuses to get help or continue help. I'm afraid he's going to fuccck
(sic) up his life from hearing things he thinks he heard. When i dropped him off he was
concerned his weapons were still in the car. I beleive (sic) they were at the unit. And no
one searched his vehicle on federal property. And yes, he still has all of his weapons .
. I believe he's going to snap and do a mass
(c) did not contact either CID or the Insider Threat Hub667 because
he "did not think of it at the time."668
88
End. Page0112
AFRC-OPI (800B-15-6b2)
SUBJECT: Findings and Recommendations, Army Regulation (AR) 15-6 Investigation
into the Suspected Suicide of SFC Robert R. Card II
(14) Was SFC Card absent from battle assembly for September and October of
2023? If so, what did his unit do in response? Was SFC Card coded as U- unexcused
for the IDT periods? Did the chain of command attempt to contact him?
(a) SFC Card was coded as unexcused absence (U) for the September and
October 2023 Battle Assemblies.
(b) SFC Card was angry about the circumstances of his hospitalization during AT
in July 2023. He relayed to that he had his 20-year letter and wanted to
retire .
(15) Did SFC Card receive a profile for his mental health issues? If so, for how
long and by whom? If so, was the fact that he was the subject of a profile ever
communicated to SFC Card or his unit? If so, was this profile ever extended? If so,
why? Obtain a copy of the profile if one exits.
(a) SFC Card received a profile for his mental health issues on 20 July 2023 for
90 days.
89
End.Page0113
AFRC-OPI (800B-15-6b2)
SUBJECT: Findings and Recommendations, Army Regulation (AR) 15-6 Investigation
into the Suspected Suicide of SFC Robert R. Card II
(16) Did the chain of command have any communication with local law
enforcement regarding SFC Card? If so, provide the 5Ws on each communication.
d. The Incident.
(1 ) What was SFC Card's duty status from 24 October 2023 to 28 October 2023?
(a) SFC Card was not in a duty status from 24-28 October 2023.
(b) SFC Card's last day in a duty status was his last day of active-duty orders
(ADOS-RC) on 3 August 2023, the day he was discharged from Four Winds. The unit
did not have a Battle Assembly in August 2023. SFC Card did not attend the September
or October 2023 Battle Assemblies.673
(a) The Office of Chief Medical Examiner of the State of Maine determined that
SFC Card's death be ruled a suicide which took place on 27 October 2023. The exact
time is unknown. His body was found at 1945 by law enforcement at the Maine
Recycling Corporation (trailer storage annex), Lisbon Falls, Maine.
90
(b)According to the medical examiner, SFC Card died due to a single perforating
self-inflicted gunshot wound- .674 The toxicology report did not reveal any
findings of toxicological significance other than the presence of caffeine and nicotine.675
(3) Where and when did SFC Card get the weapon(s) used to carry out his
apparent suicide? What weapons were used?
(a) There is no database in the State of Maine for privately owned weapons. It
would difficult to track down each individual firearm purchase from licensed (03FFL)
firearms dealers and private purchases/transfers. However, open-source media reports
indicate SFC card legally purchased the three weapons (two rifles, one handgun) to
conduct the mass shooting and commit suicide at a Cabela's and two local gun shops in
2012, 2018, and July 2023_a16
(b) Two weapons were found with SFC Card's body; a Smith and Wesson M&P
.40 caliber handgun, located to the right of the body, and a Smith and Wesson M&P AR-
15 style rifle, found under the body, with the muzzle visible to the left side of the body.6n
An AR-10 style Ruger SFAR .308 rifle was found in his abandoned Subaru Outback at
the Lisbon Falls boat ramp.678 Multiple reports indicate he owned a large number of
weapons ( 10-15) and was identified as a collector of various types of firearms.679
Accord ing to , the Maine State Police confiscated all weapons from SFC
Card's house and at the scene of the crime. 680
(4) Who were the last people to speak with SFC Card before the suspected
suicide ? (a) What was discussed? (b) What did that person observe or hear, what did
that person think or perceive about SFC Card, and what actions did that person take?
(c) Did his family and/or friends report his behavior prior to the suicide? If so, for what
reason? To whom? What was the response?
(a) was the last known person to have any communication with
SFC Card via text message. last contact with SFC Card occurred on 13
October 2023. She texted him, '
681
SFC Card responded , "Well tell me where this fucking shit
91
online is."682 She never heard from him again. 683 told us she believed that
SFC Card's mental health was declining fast. She responded to SFC Card by telling him
that he was "experiencing delusions to make you think it is real. Please trust me when I
say it is not real."684
b. The key piece of information to remember when evaluating the actions of the unit
and the Army in retrospect is that both KACH medical professionals and Four Winds
medical professionals wrote in their paperwork that SFC Card had no history of suicidal
ideations, nor did he have any current intent to harm himself or others. He was rated a
"very low risk" for such behaviors.
682 /d.
68 3
Exhibit B21 .
684Exhibits B21 , C10.
685A Cellebrite extraction reviews and analyzes the digital data on a cellphone. - - - only
verified that a forensic audit was conducted and did not offer to share the r e s u l t ~ a v e
confirmed if- was indeed the last person to communicate with SFC Card. There is no information
which confirms whether SFC Card had contact with others after 13 October 2023. An interview with his
employer at the time (First Fleet Inc.) may have provided additional context on SFC interactions with
others during the last two weeks of his life.
92
suicide prevention and response efforts. Each of these documents were considered
during the course of this investigation.
d. Generally, Reserve Components (RC) only have access to/authority over their
non-mobilized Soldiers for about 38 calendar days of military service per fiscal year,
compared to year-round access for the Active Army. The applicable law which covers
the jurisdiction of RC commanders over assigned Soldiers is 10 U.S. Code§ 802 - Art.
2. 686 It states "Reservists: A member of the Reserves is subject to the UCMJ while
performing Inactive Duty for Training (IDT), Active Duty for Training (ADT), or active
duty. Accordingly, all offenses committed by a reservist while on active duty, IDT, or ADT
may subject the reservist to discipline, including NJP. Personal jurisdiction over
reservists performing IDT includes travel to and from their IDT training site, intervals
between consecutive periods of IDT on the same day, and intervals between IDT on
consecutive days." The above 1 January 2019 amendment to the Uniform Code of
Military Justice primarily closes the gap in authority or jurisdiction a RC commander has
when a Soldier travels to and from a home of record and a duty location or the time
1
between consecutive Battle Assemblies (drill days). In effect, would have
had command authority over SFC Card only until he arrived at his home of record at
, Bowdoin, Maine on the evening of 3 August 2023. - would
have only had command authority over SFC Card during IDT periods such as the
September and October 2023 Battle Assemblies.
e. This results in a lack of jurisdiction for periods when Reserve Soldiers are in a
non-duty status. Therefore, we considered command and leadership regulations to
guide evaluation of the gap in access to Soldiers between the Active and Reserve
Components. Because Army Reserve commanders do not have year-round access to
their Soldiers, their ability to fully "encourage Soldiers to seek assistance if they are
experiencing challenges or mental health issues" (AR 600-92, 1-33) or facilitate the
"safe storage of lethal means" (AR 600-92, 1-33) is limited.
93
scheduling medical appointments, and even requiring SFC Card to move onto a military
reservation and surrender his weapons to a unit arms room.
g. However, a different standard applies to the USAR. SFC Card was a civilian and
the USAR did not have jurisdiction nor authority over him in that capacity. Ill
- jurisdiction over SFC Card was limited to periods of Active Duty, or Inactive
Duty Training (IDT). Additionally, the USAR has to articulate a legitimate military
purpose in order to order a Soldier onto active duty, as such, the ability to order SFC
Card onto a military reservation was limited. There is no authority to order him to
surrender his weapons.
94
g. The 104th Training Division, a higher unit in charge of SFC Card's unit, had a
current policy on suicide prevention from February 2023. 688 However, this policy was
not renewed between the time AR 600-92 became effective and SFC Card's death, a
period of approximately one month. As such, a new requirement in AR 600-92, which is
the Suicide Prevention Liaison, was not yet implemented, which may have aided
communication between the various entities involved in SFC Card's care. This is not
unusual due to the short time between the events under investigation and the publishing
of the new regulation , and it should not reflect negatively on the unit or the unit
leadership.
h. A unit in the Army is not just one person, it is a team. That team is usually led by a
command team, and there are levels of hierarchy between Soldiers and their command
teams. As mentioned earlier, multiple individuals in the unit attempted to stay in contact
with SFC Card, or to inquire after his wellbeing , after he departed Four Winds Hospital
and returned to his civilian life. Members of the unit were in contact with SFC Card's
- because SFC Card had proven so difficult to reach. regularly spoke
with SFC Card's , and he even reached out to SFC Card's ~ oJry to
determine if SFC Card's behavior in July 2023 was normal, but SFC Card's- would
not talk with him nor anyone in the unit.
j. Further, refer to Additional Finding 2, below, which describes in detail actions taken
by the unit and actions that local law enforcement failed to take which may have
prevented SFC Card from doing what he did.
95
I. Overall, SFC Card 's unit was in the difficult position of having no authority over a
non-cooperative Soldier, and their actions were compliant with AR 600-92. The unit was
under the impression that SFC Card was acting strangely, but medical professionals
had determined that SFC Card was a "very low risk" of harm to himself or others, and
the actions undertaken by unit personnel were, based on the information available at
the time, prudent. When information came to the unit's attention that indicated
immediate action needed to be taken, members of the unit reached out to local law
enforcement with all the information they had to try to get the entity with actual
jurisdiction to handle the problems identified.
6. Additional Findings.
690 https:l/www.americanbar.org/groups/tort_trial_insurance_practice/publications/the_brief/2019-
20/winter/liability-mass-shootings-are-we-a-tuming-point/
691 Proximate cause is defined as "a cause that directly produces an event and without which the event
would not have occurred." See Black's Law Dictionary 91 (3d ed. 2006).
692 Exhibit J1.
96
address the - concerns about SFC Card. The information delivered to SCSO,
among other things, was that SFC Card began hearing voices and exhibiting paranoia
in approximately January 2023. Additionally, SFC Card had exhibited what appeared to
be deteriorating mental conditions and had recently picked up 10-15 handguns/rifles
that had previously been stored at SFC Card's - house.
took this information and reached out to - ·v,a·voicemai
called back, he and discussed the situation regarding SFC Card at
length, and • concluded the call stating he would immediately reach out to ~
- to figure out options to get SFC Card help.693
97
concerns in a letter that was reviewed and validated by the Ellsworth Police Department
prior to requesting formal assistance from the SCSO. Based on the report in May, SFC
Card's admission to a psychiatric hospital in July, and this new threat reported byl l l
- SCSO may have had enough information to take SFC Card into protective
custody and implement the next step in Maine's ''Yellow Flag Law. n However, I defer to
legal experts on Maine law to opine definitively on whether SCSO had probable cause
to employ the Maine Yellow Flag Law. However, scso failed to meaningfully confront
SFC Card about the recent and ve detailed information the received from
98
(1 ) There are conflicting reports resulting from the testing and the provider's
observations on whether SFC Card required continued care, either at Four Winds or a
higher-level facility. I am unable to determine exactly why SFC Card was released on 3
August 2023. SFC Card was command directed to Four Winds; however, Four Winds
considered SFC Card's hospitalization as voluntary. While hospitalized and under the
influence of medication, SFC Card informed Four Winds he wanted to leave the facility
because he believed there was nothing wrong with him. However, the facts indicate that
based on observation and testing, Four Winds believed SFC Card should remain
hospitalized and scheduled a court date in order to receive a court-ordered hold of SFC
Card. SFC Card rescinded his request to leave the facility. Nevertheless, Four Winds
released SFC Card anyway, despite noting SFC Card likely needed continued care,
including possibly, a higher level of care. It is unclear whether SFC Card was released
on 3 August 2023 because his orders were terminating, or if any attempt was made to
extend SFC Card's orders for the purposes of treatment, as there was no evidence that
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Four Winds queried KACH about extending the orders. It is unclear why SFC Card's
orders were only extended for six days; whether the unit issued orders based off Four
Winds release date, or whether Four Winds discharged SFC Card based off the date his
orders were ending. As discussed above, SFC Card was possibly released without the
required discharge instructions.
(2) KACH Behavioral Health (BH) Department bears culpability as well. KACH
BH's standard procedures do not include the case management of Reserve Component
Soldiers on orders for less than 30 days_Nevertheless,
became aware of SFC Card's
( 1) It is clear the actions of the chain of command were lacking in April - June
2023. For the sake of argument, if had sent a CCIR for the May 2023
incident, SFC Card likely would not have been placed on AT orders. If SFC Card was
not required to conduct an AT in July 2023, he would not have been hospitalized at Four
Winds_A Line of Duty Investigation would not have been required . SFC Card could have
retired from the USAR based on his twenty-years of service and would have been the
responsibility of the local authorities.
(2) If SFC Card had received a Line of Duty determination in July/August 2023
and a Medical Evaluation Board, he may have been extended on Active Duty. Absent
indefinite hospitalization, I cannot conclude that he would have responded to treatment.
At some point in time, SFC Card would have been released and wou ld have either
voluntarily or medically retired. SFC Card could have also refused disability processing
in lieu of his twenty-year retirement. In this scenario, SFC Card would still have been
the responsibility of the local authorities.
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End. Page 01 24
AFRC-OPI (8008-15-6b2)
SUBJECT: Findings and Recommendations, Army Regulation (AR) 15-6 Investigation
into the Suspected Suicide of SFC Robert R. Card II
October 2023. Again, SFC Card would have been the responsibility of the local
authorities.
( 1) SFC Card's case should not have been closed due to unresponsiveness. We
recommend that their procedures be modified so that PHP is required to report to the
command any time they are unable to contact the Soldier before terminating behavioral
health facilitation. We further recommend that before services are terminated, the
command acknowledges, in writing, understanding of their responsibilities and the
process.
(2) had the opportunity to review SFC Card's discharge summary for
approximately seven days {21 - 28 August 2023) from the day it was uploaded to JLV
until the day she closed the case in MEDCHART. However, she did not access JLV after
11 August. She spoke to SFC Card on 11 August. He reported some frustration based
on limitations with his weapons, but no anger. She attempted contact again on 28
August with no response. Based on the PHP SOP, by not having any response from
SFC Card, she closed the case without notification to SFC Card's command leadership.
Our finding is the PHP SOP does not sufficiently support effective communication nor
provide adequate emphasis to a Soldier's command leadership.
7. Recommendations.
a. Strategic/Long Term.
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(a) Pending the expert opinion of Walter Reed on whether Four Winds met the
standard of care, I recommend DHA consider removing Four Winds as an authorized
treatment facility, in accordance with Title 32 to the Code of Federal Regulations Part
199 (32 CFR 199).703 If the Director, DHA, determines a provider committed fraud or
abuse as defined in this part, the provider shall be excluded or suspended from
CHAM PUS/TRI CARE for a period of time determined by the Director. Abuse can include
care of an inferior quality. For example, consistently furnishing medical or mental health
services that do not meet accepted standards of care. In this case, Four Winds appears
to have conducted testing of SFC Card beyond the typical standard of care. However, if
Walter Reed determines Four Winds treatment did not meet accepted standards of care
based on the manner SFC Card was discharged, then there would be a basis for the
Director of DHA to remove them as an authorized facility. It is unclear why Four Winds
released SFC Card on 3 August 2023. SFC Card requested discharge on or about 27
July 2023. Four Winds scheduled a court hearing to keep him hospitalized which was
scheduled for 2 August 2023. SFC Card rescinded his request for release.
Nevertheless, Four Winds released SFC Card the day after the cancelled court hearing.
Overall, the manner in which SFC Card was released causes significant concern
regarding Four Winds adhering to the standard of care.
702 The Defense Health Agency manages authority, direction, and oontrol of military hospitals and clinics
worldwide. DHA also manages the DoD health plan - TRICARE. The Director organizes, directs, and
manages the OHA and all assigned resources, including the administration of all OoO medical programs.
OoDD 5136.13, Defense Health Agency, 30 Sept 2013.
703 The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published
in the Federal Register by the Executive departments and agencies of the Federal Government, including
policies and procedures published by the Defense Health Agency (DHA) on the delivery of health care.
Title 32 is for National Defense. Part 199 covers the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS).
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7~ Exhibit K3 7.
705Additionally, although not rising to the level of obstruction, thEalllllllllll. KACH, surreptitiously
requested an attorney from DHA travel to West Point for our i n t e ~ C H staff. To avoid a direct
confrontation in front of witnesses, I allowed the civilian DHA counsel to sit in on one interview. However,
due to what I perceived to be a chilling effect on the witness's forthrightness, I instructed the civilian
counsel to leave the room.
706The DHA Medical Q-coded Services Task Order Performance Work Statement for Registered Nurse-
Behavioral Health Case management dated 07 JUN 2022 contains the following requirements:
Provide nursing expertise about 1he CM process, including assessment, planning, implementation,
coordination, and monitoring. Identify opportunities for CM and identify and integrate local CM processes.
Maintain liaison with appropriate community agencies and organizations. Establish mechanisms to
ensure proper implementation of patient treatment plan and follow-up post discharge in ambulatory and
community health care settings. Provide appropriate health care instruction to patient and/or caregivers
based on identified learning needs.
103
(2) I recommend that you direct USARC Force Management to lead a working
group to assess whether the current USAR Warrior Transition Support Program (WTSP)
adequately supports the Army Reserve. The WTSP currently provides continued
collaboration of efforts with the Army Recovery Care Program (ARCP), MEDCOM,
Mobilization Force Generation Installations (MFGI) and USARC that focuses
involvement throughout the process of addressing and resolving issues encountered by
USAR Soldiers as they navigate through their comprehensive recovery plans. The
WTSP currently has Soldier Readiness Unit (SRU) coordinators and MFGI coordinators
that are USAR Soldiers on ADOS orders. The working group should determine if the
WTSP functions primarily in an administrative nature and if so, should it transition to an
operational role, directly supporting units and their Soldiers during a mental health
crisis. I recommend the working group considers the addition of 28 personnel (14x
03/04 67D (Psychologist) or 73A (Licensed Clinical Social Worker) and 14x E7/E8 68X
Behavioral Health Specialists) to the program. The shift to an operational focus by the
WTSP and the addition of clinical providers allows for enhanced coordination between
the treatment locations and better support to USAR Soldiers and their commands.
(4) I recommend you direct the USARC Deputy Chief of Staff for Operations (G-
3/5/7) to lead a working group consisting of the G-1 , G-33, and Surgeon to assess
whether the current USA RC Serious Incident Reports (SIR) and Commanders Critical
Information Requirements (CCIR) listing (OPORD 23-032, Annex B, (Feb 20241)
provides sufficient consideration for mental health/behavioral health issues, which could
lead to acts of self-harm or violence against others. Of the twenty-three (23) SI Rs and
thirty-one (31) CCIRs, no single reportable incident allows commanders/leaders to
inform senior USAR leadership of a mental health issue for a TPU Soldier in a non-duty
status, not requiring hospitalization. Given the prevalence of mental health issues
throughout the military and the likelihood these issues will not abate over time, a
specific incident tailored to a mental health criteria or event could provide early warning
of possible mental health-related threats. In SFC Card's case, a CCIR for the 3 May
2023 event in whictalllllll reported to law enforcement - delusions and
threats of violence may have provided more visibility and opportunity for the chain of
command to direct an appropriate response sooner.
b. Operational/Short Term.
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(1) The USAR averaged 44 suicides over the past four calendar years, which
necessitates a better response to mental health. 707 Therefore, I recommend you direct
USARC Force Management to lead a working group to assess courses of action for
establishing Behavioral Health sections (Behavioral Health Officer-67D, Army Social
Worker-73A and BH Specialist- 68X) down to the Brigade level across all USARC Major
Subordinate Commands (MSCs}. Currently, the USARC only authorizes 67D/68X for
select operating force MSCs (MIRC, 200th MP Command, Engineers, Chemical etc.) at
Brigade and higher and Army Reserve Medical Command (ARMEDCOM) units at
Detachments and higher. I recommend behavioral health sections be considered at
generating force MSCs as well. Specific roles and responsibilities would be defined by
the working group analysis but should include management of all mental health related
CCIRs in their commands. This provides oversite and tracking, inter and intra-unit action
lanes and situational awareness capabilities in medical and mental health related
CCIRs. In concert with a recommendation to reform the USAR Warrior Transition
Support Program, a more comprehensive system will be in place to support Soldiers
with behavioral health conditions and provide better tools and guidance for their
respective chains of command.
c. Tactical/Near-term.
105
See Manual for Courts-Martial, United States (2019 ed.) [MCM], pt. IV, ,r 18.c.(3).
710 Exhibit 83.
106
112 Id.
713 Exhibits B36, J2.
714 Exhibit E1 , p. 32.
107
108
109
110
MG Dyer attend Samford University. Cumberland School of Law and has been a Judge Advocate fn the
United States Army Reserve since 1992. Under command, all four of his battalion
commanders have attended the PCC.
111
Behavioral Health Evaluation. If you determine the command's actions were not
appropriate given the circumstances, then consider taking administrative action. 722
(6) I recommend you direct mandatory refresher training for all Command Teams
and Legal Advisors for the entire 108th Training Command on HIPAA. Commanders at
echelon and their Judge Advocate Legal Advisors may have a misunderstanding of
information they are authorized to receive under the command exception to HIPAA.
Commanders should receive more training that what is provided at the BBPCC.
(7) I recommend you direct the USARC Surgeon to update the current
Psychological Health Program (PHP} Standard Operating Procedures to close out the
Soldier's file (case) by providing a final out brief to unit commanders at the lowest level
and ensuring battalion or higher commanders receive a copy of the out brief. This would
apply to all PHP cases (Soldier discharge, ETS, transfer to IRR, IMA, and/or veteran
status). In SFC Card's case, the case was closed due to SFC Card's failure to make
contact with the PHP.
(8) I recommend you direct the Army Reserve Medical Management Command
(ARMMC) update its current Standard Operating Procedures to close out the Soldier file
(case) by providing a final out brief to unit commanders at the lowest level and ensuring
battalion or higher commanders receive a copy of the out brief. This would apply to all
ARMMC cases (Soldier discharge, ETS, transfer to IRR, IMA, and/or veteran status)
722 I do not conclude the chain of command's actions constitute dereliction of duty; therefore, I defer
findings on whether their actions qualify as adverse information as defined in AR 15-6 Section II Terms.
As such, I am not referring this investigation tol I, BG Green, or MG Dyer for a response for the
purposes of the Army Adverse Information Program referenced in AR 15-6 or Army Directive 2023-03. If
you, as the Approving Authority determines that- . BG Green, and/or MG Dyer were derelict in
their duties, I recommend notifying them of their due process rights outlined in AR 15-6.
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DHA to request a contract modification with Spectrum Services Group, Inc. to require
- to participate in our investigation. The Contracting Officer declined to make
the req uested modification.
b. On multiple occasions, I requested but never received the Maine State Police
reports, which included interviews with other witnesses we needed to interview and
other forensic information about the last days of SFC Card 's life.
(1) Individuals at Maine Recycling Corporation. Of interest would have been SFC
Card's harassment claims of Maine Recycling employees calling him a pedophile or that
he had a small penis. In general, I would have asked the Maine Recycling
whether SFC Card potentially experienced any significant harassment
that would have exacerbated his mental health issues.
(2) First Fleet Trucking, Inc. Of interest would have been his work schedule
during September and October. SFC Card worked at First Fleet, Inc. -
- I would have asked management about any potential work-related issues
SFC Card may have experienced that would have exacerbated his mental health
issues.
113
rights (presumably, an estate) or a court order, [Four Winds) are by law not permitted to
disclose any more information than we already have, which is the discharge summary
that Four Winds provided to the referent, Keller Army Community Hospital."n3 These
medical professionals are most familiarized with physical and mental care SFC Card
received and could provide a situational understanding with information surrounding
these incidents. I would have also asked Four Winds why they released SFC Card on 3
August 2023. SFC Card requested discharge. Four Winds scheduled a court hearing to
keep him hospitalized which was scheduled for 2 August 2023. SFC Card rescinded his
request for release. Nevertheless, Four Winds released SFC Card the day after the
cancelled court hearing.
(1) I provided him with our preliminary exhibits on 19 January 2024. Upon
completion of our investigation, I submitted all exhibits to for his expert
opinion on a Root Cause Analysis and Forensic Autopsy.
(3) I defer findings, pending the results of Walter Reed 's evaluation, on whether
Four Winds met the standard of care, or whether mental health treatment could have
prevented the mass shooting and/or suicide. Based on the testing administered by Four
Winds, I believe SFC Gard should have remained hospitalized in July/August 2023
rather than being released after a brief 19 days; however, I defer to the expert medical
opinion of providers at Walter Reed. Although he was unresponsive to treatment
(therapy and medication) during his hospitalization, I cannot predict how SFC Card
would have responded to continued treatment. Additionally, I acknow1edge that anything
short of indefinite hospitalization would have still exposed the public to SFC Card at
some point in time. Again , I defer to the experts at Walter Reed to provide an opinion on
whether SFC Card's mass shooting and suicide could have been prevented.
f. Boston University. On 6 March 2024, the Card Family released the results of
Boston University's study of SFC Card's brain. 724 The Boston University Chronic
Traumatic Encephalopathy (CTE) Center determined SFC Card's brain showed
degeneration in the nerve fibers that allow for communication between different areas of
723 Exhibits E, I.
72-' Exhibit TS.
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the brain, inflammation, and small blood vessel injury. Boston University could not
conclude whether SFC Card's exposure to concussive forces as a grenade range
instructor caused his injury. SFC Card's records do not indicate any significant brain
trauma occurred while in a duty status, indicating SFC Card's injury occurred during a
non-duty status, and not related to his military service. I defer to the experts at Walter
Reed on whether they can draw a connection to SFC Card's brain study and his
potential exposure to concussive forces.
Investigating Officer
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