Therein lies the rub, it's all about rules and their interpretation. I cannot concieve how this accident happened without negligence on the part of the pilots. Attach whatever label you wish to that negligence, JD decided it was gross. You guys have been going round in semantic circles for years, to what end I ask? Is it to clear the pilots or attach a different label? You talk about slurs/stains to their reputation, the implication being that in the absence of absolute proof there must be none. Unfortunately the circumstancial evidence is damming, the board may have been constrained by the rules the senior officers weren't.