Cmdr. Alfredo Sanchez, who led the guided-missile destroyer John S. McCain when it fatally collided with an oil tanker in 2017, was not recommended for separation earlier this month at a Board of Inquiry, his attorney confirmed Thursday.

The tribunal of captains convened on Sept. 5, attorney Cmdr. Stuart Kirkby told Navy Times.

Such forums provide officers a chance to rebut allegations that could cause them to be separated from the service.

The Navy presented its case for separation based on a charge of hazarding a vessel and general substandard performance.

But for the board, that argument didn’t hold water, according to Kirkby.

“They found the basis brought forward by the government was not met,” Kirkby said. “They recommended that if he was separated it would be honorable as an O-5.”

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Kirkby said the board’s ruling is just a recommendation and that Navy Secretary Richard Spencer still could decide to separate Sanchez at a lower rank, which would affect the surface warfare officer’s retirement pay and benefits.

But the attorney said he doesn’t think that will happen.

“I would be very surprised if (Sanchez) was not retired as an O-5,” Kirkby said.

Chief of Naval Personnel spokeswoman Capt. Amy Derrick declined to comment on the board’s ruling due to privacy concerns.

Sanchez originally faced a court-martial trial for hazarding a vessel and negligent homicide charges, but the Navy quietly dropped those charges and the officer pleaded guilty to a dereliction of duty specification in May 2018.

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As part of his pre-trial agreement, Sanchez agreed to put in for retirement and Kirkby said his request is pending.

Ten McCain sailors died on Aug. 21, 2017 off the coast of Singapore after their warship collided with the commercial tanker Alnic MC east of the bustling Strait of Malacca.

While Navy leaders and publicly released investigations chided crew members for their contributions to the disaster, a U.S. National Transportation and Safety Board report issued last month blamed the institutional sea service for failing to ensure the ship’s crew had sufficient training and bridge operating procedures.

Sanchez returned to the states last year and is assigned to a command in the Washington, D.C., area, Kirkby said.

“Many, many things” went wrong on board the McCain before the collision, he added.

“Ultimately, I think what the board decided was that Cmdr. Sanchez has acted honorably,” Kirkby said.

A similar board of inquiry looms later this year for Cmdr. Bryce Benson, the commanding officer of sister destroyer Fitzgerald when it collided with a vessel off Japan two months before the McCain disaster, killing seven American sailors, according to his attorney Cmdr. Justin Henderson.

Geoff is the editor of Navy Times, but he still loves writing stories. He covered Iraq and Afghanistan extensively and was a reporter at the Chicago Tribune. He welcomes any and all kinds of tips at geoffz@militarytimes.com.

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