AR 15-6 Investigation re: Inappropriate Action Towards a Detainee at Camp Bucca

A soldier was found to be guilty of inappropriate action towards a Detainee at Camp Bucca by using disparaging words and displaying a "Star of David" necklace and expressing anti-Arab views. The soldier denied the accusations.

Doc_type: 
Investigative File
Doc_date: 
Thursday, February 12, 2004
Doc_rel_date: 
Sunday, April 17, 2005
Doc_text: 

DEVELOPMENTAL COUNSELING FO
For this form. see FM 22-100; the proponent agency
DATA REQUIRED BY THE PRJVACY ACT OF 1974
AUTHORITY:

5 USC 301. Departmental Regulations; 10 USC 3013. Secretary of the Army and E.O. 9397 (SSN)
PR'INClPAL PURPOSE: To assist leaders in conducting and recording counseling data pertaining to subordinates.
ROUTINE USES: For subordinate leacer development lAW FM 22-100. Leaders should use this form as necessary.

DJSCLOSURE: Disdosure is voluntary.
PART I· ADMIMSTRAnve DATA
Name (Last. First. MIJ

Social Security No.
Rank/Grade
SPCIE-4
Organization Nal"!}ej(ld Title of Counselor _

PART 1/ -BACKGROUND INFORMATION
Purpose of Counseling: (Leader states the reason for the counseling, e.g .• performance/professionalgrowth or event-oriented counseling. and
includes the leader's facts and observations prior to the counseling.)

Purpose of Counseling:
.. Discuss the soldier's non-compliance with the 310th MP BN (IIR) (SOP)
Discuss possible course of Actions and solutions
Discuss possible repercussions of repeated substandard performance
PART-III-SUMMARY OF COUNSEUNG
Complete this section during or Immediately subsequent to counseling.

Key Points of Discussion:
It has brought to my attention., that at approximately 1.330 Ms, SGT' ,...,'notified me in reference to an incident. Upon arrival,
made contact with SGT. ~mdyou. I notice that you were very upset over S01ilething that has happened. SGT -"stated
that. Approximately 1215 hrs~ Tuesday. February 10,2004, while you were on duty as a Com unci Control Team (CCT) at
Compound 11,( Internment Facility. Camp Bucca. Iraq) . That you instructed detainee # ut on his jumpsuit (orange in
color. uniform). Whicb detainee did not acknowledge you. You became upset with.detainee # and went into the compound
with a lraIlSlator (detainee) exchange some words with the detainee. ~7 a SGT Sancbez relat at you stated the remarks:
HThese guys do what they want; unlessyou are JewiSh Understand what it is like to deal with Arabic." ·SGT! .....
;llso_!l:he has a meeting with the Mayor (detainee the compound fJ 11 and Translator (detainee . SGT
. ted, that the mayor said, that you pulled. out a from around your neck, and displa ed lie me "Star of IDaVId" ami threaten2he detainee. He also during ,this argument with detainee, you were very ~tfulgesture_and insulted t9 i~.SGT· ~tlnsSItuation likes to escalate to excite a riofbecause of yoW: actions. You haveSliOwn discipline and
exercised good judgment during these stressful times. Ifat any time you feel the need to talk or feel overwhelmed. do not hesitate
to discuss the situation with me. After thiS time, we will review your current situation (Personal Issues/religious background) with
fbe :hain of command to determine what course of action should be taken. As I have explained earlier, you have been very good in
holding your feeling back in this sensitive area and I am. willing to work with you to obtain a solution. You are well aware of
military obligations. Should a situation arise in which you feel uncomfortable or are confronted with a delicate situation
immediately notify the NCOIC. Do not become disrespectful ofunprofessionaI with the detainee. These we can avoid problems and
situation that interfere with the mission. Again, be firm but fair, TREAT THE DETAINEE AS YOU WOULD WANT TO BE
TREATED! .

OTHER INSTRUCTIONS
This form will be destroyed upon: reassignment (amer than rehabHit1Itive transfers). separation at ETS. or upon retirement. For separation
requirements and notification of loss of benefItS/consequences see local directives and AR 635-200:

DA FORM 4856. JUN 1999 U5APA VI.OO
EDITION OF JUN 85 IS OBSOLETE
C06977
FOR OFFICiAL USE ONLY
1 30
~c·,CJ\); H'~rr
:..... :
DOD 003037

spedffc enough to modify Of maintain the subordinate's b8!lavior and include a specified limeline for implementation aooassessment (Parr IV below),) .
" sOldier stated that he understood the counseling and was provided a copy of the counseling.
Ensure that soldier understood that he must treat the det:Unee with fum and respect their language and religious customs in according with (lAW) the 310th MP BN (l1R) and Geneva Convention Relative to the Treatment of Prisoner of Wars (GEPW. Art. 636, and AR 190-8, Para. 2-251) ,

/'
leader Responsibilities: {Leafier's responsibili£ies in implementing the plan ofactlOn'}
h
Conduct follow up counseling
Continue to encourage soldier to achieve the standard
Monitor soldiers perfonnance

Signature of Counselor: Date:

..r-------------------------------------------

PART IV • ASSESSMENT OF THE PLAN OF ACTION
Assessm8l'lt: (Did the plan ofaction achieve the desired results? 1hjs section is completed by both the leaderandthe individual counseled and provides useful information for follow-up counseling.)
C06978

Counselor: Individual Counseled: Date of Assessment:
--~------------
Note: Both the counselor and the individual counseled should retain a record of the counseling. REVERSE, DA FORM 4856, JUN 1999

FICuAL USE ONtY

Doc_nid: 
3272
Doc_type_num: 
66