[Congressional Record (Bound Edition), Volume 158 (2012), Part 4]
[House]
[Pages 4542-4543]
[From the U.S. Government Publishing Office, www.gpo.gov]




           CLEARING THE NAMES OF JOHN BROW AND BROOKS GRUBER

  The SPEAKER pro tempore (Mr. Long). Under the Speaker's announced 
policy of January 5, 2011, the gentleman from North Carolina (Mr. 
Jones) is recognized for 60 minutes as the designee of the majority 
leader.
  Mr. JONES. Mr. Speaker, thank you very much.
  I, again, come to the floor to talk about a 10-year journey that I 
have been on with two wives whose husbands were tragically killed on 
April 8, 2000. The pilot was John Brow, lieutenant colonel, and the 
copilot was Brooks Gruber. They were flying what's known as an Osprey. 
I will hold this up, Mr. Speaker. The Osprey has been one of the planes 
that the Marine Corps for so long has needed to replace the aged 
helicopters from the Vietnam era.
  The sadness and the problem was that the MV-22 at the time that it 
was being flown by Colonel Brow and Major Gruber was not ready for the 
mission it had been assigned to. Sadly, that night there were 17 young 
marines in the back of that V-22 that crashed on April 8 in Arizona. So 
a total of 19 marines were killed when the V-22 flipped and crashed and 
burned.
  December of 2002, the wife of Major Brooks Gruber, Connie Gruber, who 
lives in my district, Jacksonville, North Carolina, the home of Camp 
LeJeune Marine Base, she sent me an email. And I want to read one 
paragraph:

       I contacted you in hopes that leaders of integrity, free of 
     bias, would have both the intelligence and the courage it 
     takes to decide the facts for him/herself. If you do that, 
     you will agree the ``human factor/pilot error'' findings 
     should not stand as it is in military history. Again, I 
     respectfully ask for your support. Please do not simply pass 
     this matter along to General Jones without offering the 
     support my husband and his comrades deserve. Please remember, 
     these 19 marines can no longer speak for themselves. I 
     certainly am not afraid to speak for them, and I believe 
     somebody has to. Even though it is easier put to rest and 
     forgotten, please join me in doing the right thing by taking 
     the time to address this important issue.

  Mr. Speaker, along the way, there have been so many people joining me 
in asking the Marine Corps to correct the press release that came out 
in July of 2000. And I will read from the press release:

       Marine Corps Officials Say Combination of Factors Caused 
     Osprey Accident: Confirms that a combination of ``human 
     factors'' caused the April 8 crash of an MV-22 Osprey tilt-
     rotor aircraft that killed 19 marines.

  It further stated, Mr. Speaker:

       Although the report stops short of specifying pilot error 
     as a cause, it notes that the pilot of the ill-fated aircraft 
     significantly exceeded the rate of descent established by 
     regulations for safe flight.

  Commandant General Jones, who is now retired, stated:

       The tragedy is that these were all good marines joined in a 
     challenging mission. Unfortunately, the pilots' drive to 
     accomplish that mission appears to have been the fatal 
     factor.

  Mr. Speaker, that is so erroneous, it is painful for me to even 
repeat it on the floor of the House.
  I have spent 10 years trying to clear the names of Pilot Colonel John 
Brow and his copilot Major Brooks Gruber. If you look at the JAGMAN 
report, this is the report that was completed by three marine officers 
who were sent the day after the accident to Marana, Arizona, to 
investigate. And they published what was called a JAGMAN report. I 
would like to read the major section that I think says clearly that 
John Brow and Brooks Gruber were not at fault:

       During this investigation, we found nothing that we would 
     characterize as negligence, deliberate pilot error, or 
     maintenance/material failure.

  During this investigation, we found nothing that we would 
characterize as negligence, deliberate pilot error.
  Mr. Speaker, I want to further read because this plane was not ready 
for the mission that it was assigned to by General Fred McCorkle, who 
was the general that oversaw aviation for the Marine Corps at the time. 
In fact, I will read from an expert, Philip Coyle, who understands the 
issue involved with this plane. He wrote me a page and a half in his 
support of clearing the names of John Brow and Brooks Gruber. And I 
will read one paragraph:

       Considering that it was ignorance on the part of the Marine 
     Corps that caused the April 2000 accident, the Marine Corps 
     should make it clear to Major Gruber's family--with no ifs, 
     ands, or buts--that Major Gruber was not responsible for the 
     accident. I don't suppose the Marine Corps ever apologizes, 
     but considering that the accident was their fault and not 
     Major Gruber's, an apology to the family would be in order 
     also.

  Another one of those individuals who has joined us in this effort to 
clear the names is Rex Rivolo, well known in the aerospace industry as 
an expert:

       The failure of the manufacturer, Bell-Boeing, and the Navy 
     to characterize slow speed, high rate of descent handling 
     qualities of the V-22 through flight testing, the failure to 
     describe them for the aircrew in the NATOPS, and the failure 
     to provide an adequate warning system in the aircraft were 
     the causes of the mishap, not aircrew error.

  Mr. Speaker, I reached out to the two attorneys who prosecuted, who 
filed suit against Bell-Boeing on behalf of the families. Jim Furman, 
himself a Vietnam helicopter pilot, was the attorney for the wives of 
John Brow and Brooks Gruber. Brian Alexander in New York and his 
associate Francis Young, they represented the 17 families whose sons 
were burned to death.

                              {time}  1550

  I'm not an attorney, Mr. Speaker, but I must say, knowing that Bell-
Boeing settled for no one knows how much money because it is closed, 
but they settled with the families of the 19 marines who were burned to 
death. And Jim Furman has joined me in saying these two pilots had not 
been trained, there was no warning system. And, Mr. Speaker, the NATOPS 
manual is what pilots have between them that explains if you get into 
this kind of situation, you can read and see how to react. The NATOPS 
manual they had was written by an Army helicopter pilot, and nothing in 
there about vortex ring state, which is a phenomenon that can cause the 
plane, particularly a V-22, to flip. And Major Gruber and Colonel Brow 
had no idea.
  Mr. Speaker, I would like to read comments from the attorney, Jim 
Furman:

       If there was no human error, it was error for the program 
     manager to certify the aircraft as airworthy when clearly it 
     was not. Brow and Gruber found themselves in a position of 
     having to do what they were not trained or qualified to do.


[[Page 4543]]


  Jim Furman further stated:

       It was not the mission of the operations evaluation crew to 
     discover the new boundaries and limitations associated with 
     the V-22. Engineering test pilots, under appropriate test 
     conditions, should have done this. It is simply wrong and 
     improper to place this burden upon Gruber and Brow. They did 
     the best job they could have done under the circumstances.

  Mr. Speaker, the wives, Connie Gruber and Trish Brow, are asking that 
the United States Marine Corps, on the letterhead of the Commandant of 
the Marine Corps, write one paragraph that says Colonel John Brow and 
Major Brooks Gruber, pilot and copilot, were not responsible for the 
accident on April 8, 2000.
  I am very disappointed in the Marine Corps, quite frankly. I have 
Camp Lejeune Marine Base, New River Air Station, and Cherry Point 
Marine Air Station in my district. I'm not disappointed in the Marines 
and their magnificent fighting force for this country, but I never 
thought that I would be fighting for one paragraph with the United 
States Marine Corps.
  These two pilots deserve better than having this blemish against 
their names.
  Mr. Speaker, there are so many people that have joined in this. The 
three investigators, Colonel Mike Morgan, Colonel Ron Radich, and Major 
Phil Stackhouse, have given me letters independent of the JAGMAN report 
that have clearly stated that nothing in their investigation should 
indicate that this was pilot error. I have given this to the attorneys 
for the Commandant.
  In addition, Jim Schafer, at the time a lieutenant colonel, was in 
the air in the third V-22. John Brow and Brooks Gruber were his 
friends. He's joined in this effort to clear their names.
  It does not make any sense, Mr. Speaker, that the Marine Corps cannot 
do what has been asked by the wives. The wives have just asked for one 
paragraph that clearly states--and Mr. Speaker, quite frankly, the 
Marine Corps owes this to the families because they came out with this 
press release that I just read a moment ago, in 2000, and indicated 
that this was pilot error. They have seen all the information that I 
have accumulated in 10 years.
  All the families are asking for their children. Connie Gruber has a 
little girl named Brooke. Trish has two boys, named Michael and 
Matthew. All they're asking is an official letter from the United 
States Marine Corps that the children can have for years to come, and 
whenever it comes up that the crash on April 8, 2000, in Arizona, was 
pilot error, Mr. Speaker, they can say, No, that's not true. I have a 
letter from the United States Marine Corps Commandant that clearly 
states that my father was not at fault.
  Mr. Speaker, I want to thank The Hill magazine today. I'm sorry that 
I had to be featured in it, because the most important thing about the 
article--and I want to thank Jeremy Herb, who spent so much time on 
this article. He interviewed the Commandant; interviewed General 
McCorkle, who was the aviation chief at the time of this crash; and he 
interviewed the wives. Again, they clearly understand that if you want 
to bring rest to two outstanding marines who have been blamed for this 
crash, Mr. Commandant, all you have got to do is write a letter with 
one paragraph in it. The wives have given you what they request.
  I'm calling on the United States Marine Corps today, the Commandant 
of the Marine Corps, to please do what is right. You have the evidence. 
The attorneys that sued Bell-Boeing over this accident know more than 
anyone, including the Commandant, about what happened and who was at 
fault.
  Again, Jim Furman and Brian Alexander have joined in this effort. I 
hope that the Marine Corps will give the wives what they're asking for.
  Mr. Speaker, if we can ever bring this journey to an end, I intend to 
go to the cemetery in Jacksonville, North Carolina, with Connie Gruber 
and her daughter Brooke, and I want to walk to the grave of the husband 
and the father and say, Major Brooks Gruber, Rest in peace. The blame 
game is over. You're not to blame for the accident.
  And then, Mr. Speaker, I would like to go with Trish Brow and her 
sons, Matthew and Michael, to Arlington and say the same thing to 
Colonel Brow. Colonel, you have earned the rest. You did nothing wrong 
to cause that accident.
  Mr. Speaker, it makes no sense that these wives and their children 
have had to carry this burden because, Mr. Speaker, too many times 
articles are written, books are written, that say one accident in the 
history of the Osprey was caused by pilot error. And they're talking 
about John Brow and Brooks Gruber, and they're talking about the 
accident in Arizona.
  I give you one quick example, Mr. Speaker. A book called 
``Leathernecks'' was published about 4 years ago. The father of Colonel 
Brooks Gruber is living. His name is Bill Gruber. He lives in Naples, 
Florida. He fought for this country as a marine in the Korean War. He's 
carried the pain of this blemish on his son's name.
  He called me a couple of years ago. He knew what I was trying to do 
for the families. He called me here in Washington, D.C., about 2 years 
ago, and said, Congressman, they've done it again. I said, What's that, 
Mr. Gruber?
  On page 113 of the new edition of ``Leathernecks'' they've got a 
section on the Osprey. They say one accident was due to pilot error.

                              {time}  1600

  Mr. Speaker, I'm a strong man of faith, and I prayed every night that 
God would touch the hearts of those who could make the decision to 
clear the names of Colonel John Brow and Major Brooks Gruber. And as 
long as I serve in the Congress, as long as I have the energy to fight 
for these two men, I will continue to fight until the Marine Corps does 
what is right. And what is right is to give Connie Gruber and Trish 
Brow an official letter with one paragraph on it. And we will ask that 
the Marine Corps issue a national press release that the commandant has 
done this so that the press in years to come will always be able to 
look at that press release by the Marine Corps and see that Colonel 
John Brow and Major Brooks Gruber, young men who died too early in 
their life, through no fault of their own, they were 17 young marines, 
the oldest being 23, in the back of the V-22 that crashed, that they 
are not at fault for this accident.
  Mr. Speaker, as I do before I close, I ask God to please bless our 
young men and women in uniform and their families. I ask God to bless 
the families who have given a child dying for freedom in Afghanistan 
and Iraq. I ask God to please bless the families of John Brow and 
Brooks Gruber, and I ask God to touch the heart of the Marine Corps and 
the commandant to bring these two men's image to respect and not an 
image that is blemished by the accident. I ask God to bless my good 
friend sitting here and his family.
  I ask God to bless everyone in America. I ask God to bless the House 
and Senate that we will do what is right in the eyes of God for God's 
people. And I ask God to please bless the President, that he will do 
what is right in the eyes of God for God's people. And three times I 
will ask, God please, God please, God please continue to bless America.
  I yield back the balance of my time.

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