AR 15-6 Investigation re: Abuse of Detainee During Interrogation

<p>A soldier was found guilty of using excessive force during interrogation by assaulting detainee with a police riot baton on his feet. Punishment included oral admonition and restriction to set locations (dining hall, duty, company area, etc.) for fourteen days.</p>

Doc_type: 
Investigative File
Doc_date: 
Saturday, September 6, 2003
Doc_rel_date: 
Sunday, April 17, 2005
Doc_text: 

— i RECORD OF PROCEEDINGS UNDER ARTICLE 15, UCMJ For use of this form, see AR 27-10; the proponent agency is TJAG. See Notes on Reverse Before Completing Form NAME GR E SSN 1 UNIT PAY (Ba•ic & 'Sea/Foreign) I Mal 1. I am considering w should be punished under Article 15, UCMJ, for [hollowing misconduct: 1/ In that you, did, at or about 24 Sep 03, violate the Ge eva Convention, dtd 12 Aug 49, to wit: Articles 13,- 17 and 87, by wrongfully using excessive force during the interrogation of Detaine This is in violation of Article 92, UCMJ. (See continuation sheet) 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 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 a person to speak on your behalf. You may present witnesses 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 the type and amount of punishment I will impose. V If you 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. V In deciding what ou want to do you have the right to consult with legal counsel located at ' . You now have 48 hours to decide what you want to do. / DATE V7-(k:ti Oa•. NAME GRADE, AND ORGANIZATION OF COMMANDER " SI TIME /6 ,..... (. 3. Having been afforded the opportunity to consult with counsel, my decisions are as follow: (Initial appropriate blocks, date, and sign) a. I demand trial by court-martial. b. I do not demand trial by court-marti d in the Article 15 proceedings: (1) request the hearing be 1 I Open dosed. (2) A person to speak in my I I Is Is not requested. (3) Matters in defense, mitigation, and/or extenuation: I I Are not presented ill be presented in • . si I7'' I Are attached.- . , DAT ME AND GRADE OF ME BER SIGNAT :: . 4 NoV 0, 4. In a(n) I I Open IC i '-'(--- Closed hearing 51 all matters presented in defense, mitigation, and/or xtentuation, having been considered, the following punishment is imposed: al 6/ Reduction to Private First Class (E3), suspended and will be automatically remitted if not vacated on or before 3 May 04; Forfeiture of $200.00 per month for two months; and Toperform Extra Duty for 30 days. .n. -.7 5. I direct the original DA Form 2627 be filed in • e Performance fiche IC.-.2-t.:_P Restricted fiche of the OMPF. rzi 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. DATE 4 ,A9 a{) 9-g-NAME, GRADE, AND ORGANIZATI N R SINATURE.,-. 1 / ___. 7. (Initial appropriate block, date, and sign) -.0111 b. 0 9 in er / -9/ a. Rt"::I do not appeal I I I appeal and do not submit additional matters - -/ c. I I appe d sub -t dditional DEj,TE AM SERVICEB R SIGNATU AI 0 fr 03 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 I I Granted as follows: EY DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE SIGNATURE OF SERVICE MEMBER 10. I have seen the action taken on my appeal. DATE 11. ALLIED DOCUMENTS AND/OR.COMMENTS .11 / 12/L., / 1. DA Form 2823, dtd 1 Oct 03 2. Geneva Convention, dtd 12 Aug 49 3. Art 15-6 Findings and Recommendations, dtd 6 Oct 03 CSM EDITION OF NOV 82 IS OBSOLETE ORIGINAL USAPPC V1.00 N CONTINUATION SHEET, DA FORM 2627, Item 1 continued: 2. In that you, did, AMER, on or about 24 Sep 03, commit an assault upon Detainee.. by hitting him on his feet with a police riot baton, a dangerous weapon, a means likely to produce death or grievous bodily harm. This is in violation of Article 128, UCMJ. 06943 ,„, tr.--, _ -- bUIVIIVIAHILW iitUORD OF PROCEEDINGS UNDER ARTICLE 15, UGMJ /1. ----. ,.i For use of this form, see AR 27-10; the proponent agency is TJAG. See Notes on Reverse Before Completing Form . This form will be used only in cases involving enlisted personnel and then ONLY when no punishment OTHER THAN oral admonition or reprimand, restriction for 14 days or less, extra duties for 14 days or less, or a combination thereof has been imposed. NAME \ GRADE SSN UNIT 1' 1. On 1--)0 1.;'.). the above service member was advised that I was considering imposition of nonjudicial punishment under th- • • I •1 if Article 15, UCMJ, Summarized Proceedings, for the following misconduct: 1 In that you, did, at on or about 24 Sep 03, violate the Geneva Convention, dtd 12 Aug 49, to wit: Article 13, 17 and 87, bywrongfully using excessive orce during the interrogation of Detaine This is in violation of Article 92, UCMJ. 2. The member was advised that no statement was required, but that any statement made could be used against him or her in the proceeding or in a court-martial. The member was also informed of the right to demand trial by court-martial 1 , the right to present matters in defense, extenuation and/or mitigation, that any matters presented would be considered by me before deciding whether toimpose punishment, the type or amount of punishment, if imposed, and that no punishment would be imposed unless I was convincedbeyond a reasonable doubt that the service member committed the misconduct. The service member was afforded the opportunity to take 24 hours to make a decision regarding these rights No demand for trial by court-martial was made. After considering all matters presented, the following punishment was imposed: i TO be restricted to your place of duty, place of worship, dining facility, PX and company area for14 days; and an oral admonition. 3. The member was advised of the right to appeal to the within 5 calendar days, that an appeal made after that time could be rejected as untimely, and that the punishment was effective immediately unless otherwise stated above. The membe lected immediately not to appeal I Requested time to decide whether to appeal and the decision is indicated in item 4, below.1 DATE NAME, GRADE, AND ORGANIZATION OF IMPOSING SIGN URE 0 "."":„:” j 6.' :"7 . .. . 4. Unit • , •propriate block, date, and sign) . J 7 ..;-' 1- 1 : a _ . v, .o not appeal b. I appeal and do not submit matters for consideration 2-c. I appeal and submit additional matters 1 - \ DATE --; NAME AND GRADE OF SERVICE MEMBER SIGNATURE 9 ; CI '.' '1--- \ . \t. 111111111.111111111111111. • .,..... 5. After consideration of all matters presented in appeal, the appeal is: Denied Granted as follows: 1 DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE DATE SIGNATURE OF SERVICE MEMBER 6. I have seen the action taken on my appeal. 9 10 11 7. ALLIED DOCUMENTS AND/OR COMMENTS­ 1. DA Form 2823, dtd 1 Oct 03 2. Geneva Convention, dtd 12 Aug 49 3. Art 15-6 Findings and Recommendations, dtd 6 Oct 03 C 0 Gig4 4 .1 Vfa•vI - EDITION OF NOV 82 fS OBSOLETE USAPPC V1,00 6 November 2003 MEMORANDUM for SJA SUBJECT: Punishment imposed for 1. I have imposed the following punishment under the provisions of Article 15, UCMJ, Summarized Proceedings: -14 Days of Restriction: Mess, Worship and Exchange for hygiene products only -Oral Reprimand 2. POC for this memorandum is the undersigned atill11.11 1111111111r 1111111111111 Commanding CO6945 Printed on a% Recycled Paper

Doc_nid: 
3268
Doc_type_num: 
66