Dreier

Specialist Ronald E. Dreier (hereinafter “Ronald”), a soldier in the United States Army, was killed when he fell into a steep wastewater drainage channel located on Fort Lewis, Washington, after an off-duty afternoon of relaxation and beer drinking. The district court dismissed his widow’s Federal Tort Claims Act (“FTCA”) suit against the United States for wrongful death, concluding that the claim was barred by Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950), because Ronald’s death was incident to his military service. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand.

FACTS

Ronald E. Dreier was an Administrative Specialist (Clerk) assigned to the 525th Replacement Detachment, Fort Lewis, Washington. On May 2, 1991, because his unit was scheduled to go into the field the following day, Ronald and his co-workers were released from duty at noon. Sergeant Scott Meir, one of Dreier’s co-workers and possibly his office supervisor, 1 informed others in the *1438 office that he planned to spend the afternoon at the Solo Point Boat Launch, an area of Fort Lewis adjacent to Puget Sound, to relax, drink some beer, and get some sun.…