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The Honolulu Advertiser
Posted on: Wednesday, January 8, 2003

Fault in April grenade death debated

By William Cole
Advertiser Military Writer

Army Spc. David G. Rubic was flat on his back above a trench, night-vision goggles on his face, with an M67 fragmentation grenade held next to his chest.

Army Spc. David G. Rubic died from a granade blast April 14 last year.

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The 22-year-old soldier's job was to blast the trench during a platoon live-fire exercise at Kolekole Range 5 at Schofield Barracks.

Over nearly two years, he had thrown nine live grenades, the Army said. But on the night of April 14 last year, something went terribly wrong.

According to an Army investigation report obtained yesterday by The Advertiser through the Freedom of Information Act, Rubic took two deep breaths and lifted his arm to throw the grenade at approximately 11:35 p.m. when it exploded, causing massive injuries.

Rubic was pronounced dead about an hour later, after being medevaced to The Queen's Medical Center. Three other soldiers from the 3rd Brigade's 2nd Battalion, 27th Infantry Regiment were injured, including the battalion and company commanders.

Col. Raymond Mason, commander of the 25th Infantry Division (Light's) support command, said in his investigation that although he was unable to determine with certainty the specific cause of the accident, the "most likely" explanation is that Rubic unintentionally "milked" the grenade, or loosened his grip on its safety lever, causing it to explode.

However, Rubic's family, which is considering legal action, says it doesn't agree with the report's conclusion.

According to the Army, if the safety lever is allowed to rise 37.5 degrees after the safety clip and pin have been removed, it's possible that the striker can rotate and strike the primer while the grenade is still being held.

"It is possible that Spc. Rubic 'milked' the grenade without his knowledge, and the fuse was burning while he took the two deep breaths," Mason said in his report.

Capt. Stacy Bathrick, a 25th Division spokeswoman, yesterday said "the safety of our soldiers during training exercises continues to remain as our top priority."

"We grieve for the families and friends who have suffered as a result of this training accident, and (we) are taking the appropriate steps to avoid an incident similar to this in the future."

Among those steps is providing instructions to each soldier about the danger of "milking" a grenade — something Mason's report notes neither Rubic nor any of his platoon received before the April 14 exercise.

Mason's report includes four possible causes for the accident, including Rubic dropping the grenade, or the safety lever coming off without his knowledge.

But eyewitnesses reported that Rubic had control of the explosive. Mason said that fact lends a higher probability to the grenade having a defectively premature fuse — the fourth possibility — although he quotes Army Materiel Command as saying the incidence of short fuses is "extremely low."

However, 2,800 grenades from Schofield and Tooele Army Depot in Utah with the same fuse lot as the grenade used by Rubic were removed for testing, including X-rays, officials said.

Additionally, Mason said there was no indication Rubic was "cooking off" the grenade, meaning he let the lever go and counted off two seconds as the fuse burned.

According to the U.S. Army Technical Center for Explosives Safety, there have been 60 documented mishaps with grenades in the past 10 years, Mason said.

A separate investigation was mounted by the U.S. Army Safety Center at Fort Rucker, Ala.

Rubic's family in San Diego said yesterday they don't believe the Army's "milking" explanation. They directed questions to attorney Steve Falletta, who called the Army's logic in its report "beguiling."

"The family disagrees with the finding that through any actions of his own he (Rubic) caused this grenade to blow up early," Falletta said, adding the family is pursuing legal options but has not made a decision.

"The eyewitness testimony says differently," Falletta said without elaborating. "It can lead people to a different conclusion."

The Army did not release eyewitness testimony with its 17-page findings and recommendations yesterday.

Falletta did say Rubic was experienced in using live grenades, and that he was selected for the exercise because a commander "felt he was the soldier with the most experience."

Phillip Rubic last April said his brother had joined the Army several years before, but was planning on leaving the service this past October to move back in with the family and go to college.

The Army said Rubic had received "adequate" training for the trench clearing exercise, throwing 10 live grenades, 20 practice grenades with fuses and seven grenades without fuses between August of 2000 and the time of the accident. A preliminary autopsy indicated Rubic, who was wearing a flak jacket, died when his lungs ceased to function properly and he experienced a massive loss of blood.

Mason said there was "a general concern" among leaders in the 3rd Brigade about the "tactical soundness" of soldiers lying on their backs and going through the exercise with night vision goggles, making it difficult to see and work with a grenade.

Two soldiers typically lie boot sole to boot sole, roll back from the blast when "frag out" is shouted, and then enter the trench firing.

Bathrick said 25th Infantry Division (Light) commander Maj. Gen. Eric T. Olson has implemented a series of "lessons learned" policies for training with hand grenades.

Reach William Cole at wcole@honoluluadvertiser.com or 525-5459.