Under Article 92 (comments at MCM IV-24):

(c) Derelict. A person is derelict in the performance of duties when that person willfully or negligently fails to perform that person’s duties or
when that person performs them in a culpably inefficient manner. “Willfully” means intentionally. It refers to the doing of an act knowingly and purposely,
specifically intending the natural and probable consequences of the act. “Negligently” means an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care which a reasonably prudent person would have exercised under the same or similar circumstances. “Culpable inefficiency” is inefficiency for which there is no reasonable or just excuse.
From Defend Our Marines:

Camp Pendleton, Calif. – The General Court Martial of US Marine Corps SSgt Frank D. Wuterich ended Monday morning after a plea deal was reached over the weekend. In return for a guilty plea to one count of Negligent Dereliction of Duty, the six-year ordeal of the 31-year old father of three is finally over.

Negligent dereliction is a lesser included offense detailed in Article 92 of the Uniform Code of Military Justice, Dereliction of Duty. Before the agreement, SSgt Wuterich was charged with “Willful Dereliction of Duty,” a much more severe offense. In return for his plea, 13 charges, including nine counts of Voluntary Manslaughter, two counts of Aggravated Assault, and two other charges of willful dereliction were dropped.
..
The maximum sentence military judge LtCol David Jones can now impose on SSgt Wuterich is three months confinement and loss of two -thirds of his pay while he is confined. The staff sergeant told the judge he earns $3,486 a month. At risk if he is incarcerated are his three little girls, who are otherwise without a resident parent.

SSgt Wuterich admitted he failed to maintain "adequate tactical control" of three Marines he was leading and made a "negligent verbal order." While answering the military judge’s questions before the deal was done, SSgt Wuterich said comments he made to troops he was leading were negligent and may have led to the "tragic" deaths of the women and children.

"I took a team of Marines to clear houses to the south of the site [where House 1 and House 2 are situated] and did use the words 'shoot first, ask questions later,' or something to that affect prior to clearing or entering there," he said. ...
This result was predicted by Lt.Col. Paul Ware in his Article 32 Report:

Conclusion

I am recommending that the Government pursue the lesser offense of negligent homicide and not murder because I believe after reviewing all the evidence, no trier of fact can conclude SSgt Wuterich formed the criminal intent to kill. The evidence is contradictory, the forensic analysis is limited and almost all witnesses have an obvious bias or prejudice. The case against SSgt Wuterich that he committed murder is simply not strong enough to prove beyond a reasonable doubt. What the evidence does point to is that SSgt Wuterich failed to exercise due care in his own actions or in supervising his Marines. When a Marine fails to exercise due care in a combat environment resulting in the death of innocents, the charge of negligent homicide, not murder is the appropriate offense. Accordingly I believe the elements and theory of negligent homicide best fits the evidence of what occurred inside House 2.

Finally, although I believe the Government will fail to prove beyond a reasonable doubt that SSgt Wuterich committed any offenses other than dereliction of duty, due to the serious nature of the charges, I recommend referral to a general court-martial.
But, we still have an ROE legalism expressed in terms of requiring combatants to make decisions based on a "certainty". Who is going to fix that ?

Regards

Mike