United States Marines, fleeing the scene of a car bomb attack and ambush by Afghan militants, fired on people and vehicles surrounding them, according to initial reports, killing as many as 19 civilians and injuring around 50 more.
[4] However, the exact figures remain unknown, as U.S. Military Police did not find any dead or wounded civilians when they arrived 30 minutes after the shooting.
[17] According to several witnesses and the Afghan Independent Human Rights Commission, the U.S. Marines' response to the car bombing included indiscriminate firing at passing civilians on the busy highway.
[22] The Afghan Independent Human Rights Commission's report asserted that: "In failing to distinguish between civilians and legitimate military targets, the U.S. Marine Corps Special Operators employed indiscriminate force.
"[23] Major General Frank Kearney, head of the U.S. Special Operations Command (USSOCOM), ordered the entire 120-member unit out of Afghanistan pending an investigation into the incident and announced that there was no evidence supporting the Marines' story that they had come under fire.
[37] The court at Camp Lejeune, North Carolina, formally investigated the incident in January 2008, hearing from more than 50 witnesses, including Afghans, over 17 days.
[40] Nicholson testified that thirty minutes after U.S. Marines left the area, other U.S. troops arrived at the location of the minivan attack and found no dead or wounded Afghans.
He speculated that this might be because Afghans collect and bury their dead quickly in line with Islamic tradition, but also acknowledged that Taliban insurgents often fake or exaggerate civilian deaths, stating "That's why it's so important for us to stay on the scene.
[41] In May 2008, the court of inquiry concluded that they had "acted appropriately and in accordance with the rules of engagement and tactics, techniques and procedures in place at the time in response to a complex attack.
"[8] The decision was also criticised by the United Nations mission in Afghanistan, whose spokesperson Aleem Siddique said "It is disappointing that no one has been held accountable for these deaths".
[44] More than a year after the court of inquiry concluded, Marines involved received Combat Action Ribbons, and an injured turret gunner was awarded the Purple Heart.
Fred Galvin, who commanded the Marine unit at the time of the incident, said that despite being cleared by the court of inquiry, he and his men thought that their side of the story had not been properly publicised and that they still felt they were stigmatised as a result of the accusations.
[47] In January 2019, the Board for Correction of Naval Records reported that Major Fred Galvin (USMC retired) should be promoted to lieutenant colonel and given back pay.
The only misstep was the inability or unwillingness of senior U.S. leaders to respond appropriately to an enemy information operation and stand by the troops until competent evidence was gathered.