AR 15-6 Investigation re: Memo Announcing the Appointment of Investigating Officer

Army memo in connection to an AR 15-6 investigation. The memo states the appointment of an Officer to investigate whether Special Forces Group Five (5) knowingly withheld requested documentation and photographic evidence from Dept. of Justice in connection to an investigation of potential abuse of John Walker Lindh.

Non-legal Memo
Monday, April 22, 2002
Thursday, July 14, 2005

APR 2 2 2002
MEMORANDUM FOR Colonel.David Burford, United States Army Special

Forces Command (Airborne), Fort Bragg


North Carolina 28310
SUBJECT: Appointment as Investigating Officer

1. You are hereby appointed as Investigating Officer pursuant
to AR 15-6 to conduct an informal investigation into the

allegations that personnel of 5th Special Forces Group (Airborne)

did knowingly withhold requested documentation and photographic
evidence from the Department of Justice in the U.S. v. .

Walker Lindh

John .

prosecution. As initial guidance

to investigate the following: guidance, you are directe


a.. When, where, and why the photograph depicting Mr. Lindh
bound, and with the word "shithead" written across his blindfold

or headband, was taken.

b. When, where, and under who's order* the photograph in
question was removed, deleted, or otherwise destroyed by-'ream

MK— b

When, where, and by whom the photograph was next
discovered by members of 5 th Special Forces Group (Airborne).


When, where, by whom, and to whom the photograph has
been distributed.. Distribution includes such modes as email,

hardcopy, accessing via

a digital camera or computer screen.


What training program.
.was in effect rior. to

5th Special Forces- Group (Airbo4ne) deploymentp .or during
into Afghanistan

as regards status and/or treatment of Prisoners of War and


f. What training was actually received

by 11111,

to or during its contact with Mr. Lindh. i


g. What status individual members of

. believed Mr.

Lindh to have while in their custody.


What rules individual members offillii/M

h. 013535
be in operation during their contact with Mr. Lindh.believed to

1-1 DOD-015549

b Aa
1. When were individual members of

interviewed by

any member of the Department of Justice or Federal Bureau of


J. Were the individual members of

questioned by

DOJ or FBI concerning the existence of photograp ic evidence ot

Mr. Lindh.

k. Did the individual members .of

reveal to the

DOJ or FBI representatives.the existence of the photograph of

Mr. Lindh now in question.

1. Was any other member of the 5 th Special Forces Group

(Airborne), identified in your investigation as having knowledge
of the photograph of Mr. Lindh now in question, interviewed by



Were these members of 5th SFG(A) questioned by DOJ or

FBI concerning the existence of photographic evidence of Mr.


. .


Did these members of 5th SFG(A) relreal to the. DOJ or FBI

the existence of the photograph of Mr. Lindh now in question.


Were efforts taken by any member of 5th SFGJA).to

conceal or attempt to conceal

.Ehe existence of the photograph of

Mr. Lindh now in question.

.p. What efforts have been taken by the

leadership. of 5th

SFG(A) to ensure all documentation and/or photographic evidence
of Mr. Lindh-is diSclosed in acCordance with requests fram the


2. This list of questions is not all inclusive.

Use your best

judgment and the evidence you ascertain to guide:you concerning

other lines of questioning you may require to complete your

investigation. In•addition, you are directed•to obtain a copy

of the final report of the AR 15-6 Investigation conducted by

regarding the initial allegations of the taking of

unauthorized photographs of Mr. Lindh. You may use any portion

of this Report you deem appropriate, and need not duplicate MAJ

efforts if-he has already developed information useful

to your nvestigation.


3. You will make findings and recommendation(s) based upon your
investigation. You will obtain sworn statements from witnesses; -
however, if a witness refuses to make a sworn statement,• an


unsworn statement will suffice. In the event that you come

suspect that a soldier may have committed a criminal offense to

punishable under the Uniform Code of Military Justice, that

person will be advised of his or her rights under Article 31,

UCMJ, prior to questioning or obtaining a sworn statement from

that witness.. Complete DA Form 3881 before interviewing.

4. Your findings and recommendations will be submitted to this
headquarters on DA Form 1574 by 22 May 2002. Request6 for
additional time must be in writing and approved by me.

our legal advisor for this matter will be MAJ

, 432

Contact her for a preliminary legal briefing

before you begin your investigation.


Major General, USA
Commanding General-

(I .