AR 15-6 Investigation re: Report of Proceedings by Investigating Officer/ Board of Officers

AR 15-6 Report of Proceedings. Lists MG Geoffrey Lambert as "appointing authority." Signed by David Burford. No attachments or additional pages stating who ro what the proceeding pertain to.

Doc_type: 
Investigative File
Doc_date: 
Monday, February 3, 2003
Doc_rel_date: 
Thursday, July 14, 2005
Doc_text: 

For use of thii form, see AR 15-8; the proponent agency is OTJAG.
IF MORE SPACE IS REQUIRED IN FILLING OUT ANY PORTION OF THIS FORM
ATTACH ADDITIONAL &FLEETS
SECTION I - APPOINTMENT

Appointed by (MG Geoffrey C. Lambert , Commanding General, USASFC(A)2Fort Bragg, North Carolina
ho
(Appointing a rity)
on 22 April 2002
(Attach inclosure 1: Letter of appointment or summary of oral appointment data.) (See para 3-15. AR 15-6.)
(Date)
SECTION 11 - SESSIONS
The (investigation) (board) commenced at Fort Bragg, North Carolina
0800
(Place)0
(rune)
on 22 Apri 2002
(Date) (If aformal board met for more than one session, check here 0 . Indicate in an inclosure the time each session began and ended, the place, persons present and absent, and explanation of absences, V 'any.)
The following persons (members, respondents, counsel)present: (After each name, indicate capacity, e.g., President, Recorder, Member, Legal Advisor.) were
(See enclosures in the Exhibits Index as to the numerous meetings and telephonic, interviews conducted.)
The following persons (members, respondents -, -counsel) were absent:
(Include brief explanatlonaf each absence.) (See paras 5-2 and 5-8a, AR 154.)
'he (investigating offlier) (board) finished gathering/hearing evidence at 1600 on 21 December 2002
(Time) 0 (Date) nd completed findings and recommendations at 1600
on 3 February 2003 •
(Tune)0 (Date)
SECTION III - CHECKLIST FOR PROCEEDINGS
. COMPLETE IN ALL CASES
YES NO NAS
Inclosures (para 3-15, AR 15-6)
Are the following inclosed and numbered consecutively with Roman numerals: (Attached in order listed)
a.
The letter of appointment or a summary of oral appointment data?

b.
Copy of notice to respondent, if any? (See item 9, below)

c.
Other correspondence with respondent or counsel, if any?

d.
All other written communications to or from the appointing authority? X

e. Privacy Act Statements (Certificate, if statement provided orally)?
I X
Explanation by the investigating officer or board of any unusual delays, difficulties, irre gularities,
ities, or other problems e it 3 r r 6
encountered (e.g., absence of material witnesses)?

0
g.
Information as to sessions of a formal board not included on page 1 of this report?

h.
Any other significant papers (other than evidence)

relating to administrative aspects of the investigation or board?
OTNOTES:
1/ Explain ati negative answers on an attached sheet.
ll I lea _f ,I.. All a ....1. 0. . • - rr ' nr,

I..LI
DOD-015510

Exhibits (para 3-16, AR 15-6)
a.
Are all items offered (whether or not received) or considered as evidence individually numbered or lettered as
exhibits and attached to this report?

b.
Is an index of all exhibits offered to or considered by investigating officer or board attached before the first exhibit?

c.
Has the testimony/statement of each witness been recorded verbatim or been reduced to written form and attached as

an exhibit?
d.
Are copies, descriptions, or depictions (f substituted for real or documentary evidence) properly authenticated and is
the location of the. original evidence indicated?

e.
Are descriptions or diagrams included of locations visited by the investigating officer or board (own 3-61r, AR 15-6)7

f.
Is each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made an
exhibit or recorded in a verbatim record?

g.
If official notice of any matter was taken over the objection of a respondent or counsel, is a statement of the matter
of which official notice was taken attached as an exhibit Owe 3-16d, AR 15-6)7

Was a quonim present when the board voted on findings and recommendations (pains 4-1 and 5-1b, AR 15-6)?
COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS ( er 5, AR 15-6)
At the initial session, did the recorder read, or determine that all participants had read, the letter of appointment (para 5-36, AR 15-6)1

Was a quorum present at every session of the board (para 5-1b, AR 15-6)7
Was each absence of any member properly excused (para 5-2a, AR 15-6)7
Were members, witnesses, reporter, and interpreter sworn, if required (para 3-1, AR 15-6)7
If any members who voted on findings or recommendations were not present when the board received some evidence,

does the inclosure describe bow they familiarized themselves with that evidence (para 5-2d, AR 15-6)7
COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section H, Chapter 5, AR 15
6)
Notice to respondents (para 5-5, AR 15-6): ­
a.
Is the method and date of delivery to the respondent indicated on each letter of notification?

b.
Was the date of delivery at least five working days prior to the fust session of the board?

c.
Does each letter of notification indicate —

(1)
the date, hour, and place of the first session of the board concerning that respondent?

(2)
the matter to be investigated, including specific allegations against the respondent, if any?

(3)
the respondent's rights with regard to counsel?

(4)
the name and address of each witness expected to be called by the recorder?

(5)
the respondent's rights to be present, present evidence, and call witnesses?

d.
Was the respondent provided a copy of all unclassified documents in the case file?

e.
If there were relevant classified materials, were the respondent and his counsel given access and an opportunity to examine them? D If any respondent was designated after the proceedings began

(or otherwise was absent during part of the proceedings):
a.
Was he properly notified (para 5-5, AR 15-6)7

b.
Was record of proceedings and evidence received in his absence made available for examination by him and his counsel (para 5-4c, AR 15-6)fCounsel (pare 5-6, AR 15-6):

a.
Was each respondent represented by counsel?
Name and business address of counsel:

(If counsel is a lawyer, check here 0 )
b.
Was respondent's counsel present at all open sessions of the board relating to that respondent?

c.
If military counsel was requested but not made available, is a copy (or, if oral, a summary)

of the request and theaction taken on it included in the report (para 5-6b, AR 15-6)7
If the respondent challenged the legal advisor or any voting member for lack of impartiality
(para 5-7, AR 15-6):
a.
Was the challenge properly denied and by the appropriate officer?

b.
Did each member successfully challenged cease to participate in the proceedings?
Was the respondent given an opportunity to (para 5-8a, AR 15-6):

a.
Be present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent?

b.
Examine and object to the introduction of real and documentary evidence, including written statements?

c.
Object to the testimony of witnesses and cross-examine witnesses other than his own?

d.
Call witnesses and otherwise introduce evidence?

e.
Testify as a witness?

f.
Make or have his counsel make a final statement or argument (para 5-9, AR 15-6)7

If requested, did the recorder assist the respondent in obtaining evidence in possession of the Government and in
arranging for the presence of witnesses (para 5-8b, AR 15-6)?

Are all of the respondent's requests and objections which were denied indicated in the report of proceedings or in an
inclosure or exhibit to it (para 5-11, AR 15-6)?

i71/OTES: 0Erplain all negative answers on an attached sheet.
21 Use at the N/A column ronciittnat ,

YES NOlI NAY

X X X
x x
x

DOD-015511

?low, indicate the reason in the space where his signature should appear.)
David P/Burford, BG, USA, Depu ommanding Gener
(Recorder) 0
(Invesdgating qficer r 'dent)
(Member) (Member)
(Member) Member)
-

SECTION VII MINORITY REPORT l(para 3-13, AR 15-6)
) the extent indicated in Inclosure
, the undersigned do(es) not concur in the findings and recommendations of the board. E the inclosure, identify by number each finding and/or recommendation in which the dissenting member(s) do(es) not concur. State the sons for disagreement. Additional/substitute findings and/or recommendations may be included in the inclosure.)

(Member)
(Member)
SECTION VIII - ACTION BY 1,701 TING AUTHORITY (para 23, AR 15 6)
-
.e findings and recommendations of the (investigating officer) .­
e (approved) (disapprrved)-62pprov-
:iorr ..,
5stitulors1,11
.; -
rective acti
, I4I'd

C . Lambert , MG, USA, Commanding General 0 5 FEB
013558

DOD-015512

he (investigating officer) (board), having carefully considered the evidence, findg: lemoranduin for Record (Findings) enclosed/attached separately.
SECTION V - RECOMMENDATIONS (para 3-11, AR 15-6) view of the above findings, the (investigating officer) (board) recommends:
:morandum for Record (Recommendations) enclosed/attached separately.
013559
DOD-015513

Doc_nid: 
3620
Doc_type_num: 
66