AR 15-6 Investigation: Death and Abuse of Detainees

r uNlJtK AK l'-t15, UUMJ
For use of this form, see AR 27-10; the proponent amency is TJAG. I C

. See Notes on Reverse Before CompZaino -Form
4AME GRADE SSN UN-IT PAY (Basic cf:Sea/Forei.,,p)
1. I am considering whether you should be punished under Article 15, IJCIVIJ, for the following misconduct jj In that you, did, at Of near Samarra, Iraq, on or between 3 January 2004 and 16 January 2004, wron fully endeavored to impede an investigation by influencing the sworn statements of
SEE CONTINUATION SHEET bk.
2. You are not required to Make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-martial. You have several rights under this Article 15 proceeding. First I want you to understand that I have not yet made a decision whether or not you will be punished. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the offense(s). You may ordinarily have an open hearing before me. You may request aperson to speak on your behalf. You may presentwitnesses or other evidence to show why you shouldn't be punished at all (matters of defense) or why punishment should be very light (matters of extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or tie type and amount of punishment I will impose. - If yolj do not want me to dispose of this report of misconduct under Article 15, you have the right to demand trial by court-martial instead. In deciding what you want to do you have the right to consult with legal counsel
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located at You now have 48 hours to decide what you want to do. ­
DATE kMprg ot-4 NAME, GRADE, AND ORGANIZATION OF COMMANDER TIME /116 0
3. Having been afforded the opportunity to consult with counsel, my decision are as follows: (Initial appropriate locks, date, and sign)
a.
ttItI demand trial by court-martial.

b.
IN. I do not demand trial by court-martial and in the Article 15 proceedings:

(1)
I request the hearing be I I Open Closed. (2) A person to speak in Ulf ft1 Isl." Is not requested.

(3)
Matters in defense, mitigation, and/or e enuation:1 I Are not presented Will be presented in person Are ' 3 attached. dD

DATE NAME AND GRADE OF SERVICE MEMBER
/3 AA, 0 CI )

4. In a(n) I I Open I:{ Closed hearing - all matters presented in defense, mitigation, and/or e having been considered, the following puniShment is imposed: 5IV
To be reprimanded.
DA Form 2627 be filed in the b.4Rfiche of the OMPF. II NA
5.
I direct the original I I Performance fiche 7411¦Restricted

6.
You are advised of your right to appeal to the . within 5 calendar days. An appeal made after that time may be rejected as untimely Punishment is effective immediately unless otherwise stated above.

44 —
z3164
DATE .1.....
NAME, GRADE AND ORGANIZATION OF COMMANDER
v ni '
7. iolappropriate block, date, and sign)
a. I do not appeal b. I I appeal and do not submit additional matters VW c. I I I appeal and submit additional
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matt DATE -AME AND RADE OF SERVICE MEMBER N RE / 3 itlet,, 0 V
8. I have considered the appeal and it is my opinion that:
DATE NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
9. After consideration of all matters presented in appeal, the appeal is: -I I Denied ] Granted as follows: -1-91
DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
DATE SIGNATURE OF SERVICE MEMBER
1.0_ I have seen the action taken on my appeal. . .
.1. ALLIED DOCUMENTS AND/OR COMMENTS -11/ 111-3-/ Blk/M 1- Informal Commander's Inquiry containing 78 pages .- ORB .,
nill-100"/
L " J U
A FORM 2627, AUG 84 (EG) EDITION OF NOV 82 IS OBSOLETE ORIGINAL
DA FORM 2627, PERTAINING TO 7 c
Item 1, Continued:
• and to deny -
that and were pushed into the Tigris
River, near Samarra Iraq, an hat they inst d were left at the side of the roadway. This is a
violation of Article 134, UCMJ.

4

C06968
NOTES
1/
Insert a concise statement of each offense in terms stating a specific violation and the Article of thel_ICM3 (Part IV, MCM). If additional space is needed, use item 11 or continuation sheets as described in note 11 below.
Inform the member of the maximum punishment which may be imposed under Article 15.
3/ Inform the member that if he or she demands trial, trial could be by SCM, SPCM, or GCM. Additionally, inform the member that he or she may object to trial by SCM and that at SPCM or GCM he or she would be entitled to be represented by qualified military counsel, or by civilian counsel at no expense to the government lithe member is attached to or embarked in a vessel, he or she is not permitted to refuse Article 15 punishment In such cases, all reference to a demand for trial will be lined out and an appropriate remark will be made in item 11 indicating the official name of the vessel and that the member was attached to or embarked in the vessel at the time punishment was imposed_
-Give the member copy 5 of this form.
5/ Offenses determined not to have been committed will be lined out If the imposing commander decides not to impose any pimishment, the member will, be notified and all copies of this form destroyed.
Amounts of forfeitures ofpay will be rounded oft to the next lower whole dollar. Jf a punishment is suspended, the following statement should be added after To be automatically remitted if not vacated before (date) If punishment includes a written admonition or reprimand, it will be attached to this forth and listed in item 11.
7/ The imposing commander will initial the appropriate block. The OMPF performance fiche is routinely used by MOS/specialty career Managers and DA selection boards. The OMPF restricted fiche is not given to MOS/specialty career managers or DA selection boards without approval of the Cdr, MELPERCEN or selection board proponent.
8/ lithe member appeals, this form and all written evidence considered by the imposing commander will be forwarded to the superior
authority. -

2!
Before acting on an appeal, it must be referred to a judge advocate for advice When the puriishineiat, whether or not suspended, includes reduction or one Or more pay grades from the fourth or a higher pay grade, or is in excess of one of the following: 7 days arrest in quarters, 7 days correctional custody, 7 days forfeiture of pay, or 14 days of either extra dikies or restriction. (See Article 15e(1) to (7), UCMJ.)
lot •
The superior authority will initial the appropriate block. If the appeal is granted, the specific relief granted will be stated according to note 12. •
this space indicate the number of pages attached as follows: Allied docuthents on appeal consist of pages. Allied documents include all written Matters considered by the imposing commander submitted by the member on appeal and the commander's rebuttal, if applieable. If additional space is needed for completion of any item(s), use plain bond headed "Coittinuticin Sheet 1", etc. -
1.7./
Applicable portions of the following format may be used to record action taken •on appeaL Appropriate language should be entered in
item 11 or, if necessary, on a continuation sheet Supplethentary actions (para 3-38, AR 27-10) will be recorded on DA Form 2627-2.
SuspenSion, Is/litigation; Remission, or Setting Aside
(DATE) On (date), the puniSliment(s) of imposed 'on (date ofpunishment) (was) (were) (suspended and will be automatically remitted ifnot vacated before (date)) (mitigated to) (set aside, and all rights,privilegeS, and property affected restored) (by my order) (by order of (the officer who imposed the punishment) (the successor in command to the imposing commander) (as superior authority).
(Typed name, grade, and organization of comMander) /8/
121 Racial/ethnic identifiers will be placed in Item 11 (Chapter 15, AR 27-10).
•t.
Reverse of DA Form 2627, Aug 84
r
2 06960 .
FIANT4E13
10-
APO AE 09323-2628
REPLY TO
ATTENTION OF:

AFYB-CG
MEMORANDUM FO
Brigade

SUBJECT: Reprimand for Obstruction of Justice
1. You are hereby reprimanded for wrong-fully endeavoring to impede an investigation 1 /. the drowning death of an Iraqi civilian by. members of your command. On 7 1-. - -,..1 into
. ---P°
January 2004, you were briefed by thee ,Afireii,111111.111111 1hthat
Kgfalt711soldiers of ,.`l, op pushed two Iraqi men into the Tigris River causing one o f era to drown. You -ordered them to deny that the men were pushed into the river and to say that they were dropped off at the side of the road. Your conduct was wrongful, criminal and will not be tolerated.
2.
Good order and discipline requires leaders to live and enforce standards of conduct we expect from our subordinates. Your conduct is a poor example for other soldiers to follow. As a commissioned officer, I expect much more from you. Your actions have brought discredit upon you, Wawa zwom and the United States Army. Your violation of the Uniform Code of Justice (IJCMJ) casts severe doubt on your suitability for leadership in the U.S. Army,

3.
This reprimand is imposed IAW Article 15, UCMJ and will be filed in conjunction with DA Form 2627.

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ComManding
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