AR 15-6 Investigation re: Threatening a Detainee in Custody to Force Drink His Own Urine

A soldier took a bottle that a detainee had urinated in and threatened to force the detainee to drink the urine. The detainee was not assaulted or forced to consume the urine. Punishment for the soldier included psychiatric counseling; clean all the Detainee cells on each shift for 1 week; a desk assignment for one week; and a reprimand.

Doc_type: 
Investigative File
Doc_date: 
Friday, April 23, 2004
Doc_rel_date: 
Sunday, April 17, 2005
Doc_text: 

.1'
(
DEVELOPMENTAL COUNSELING FORM
For use of this form, see FM 22-100; the proponent agency is TRADOC

DATA REQUIRED BY THE PRIVACY ACT OF 1974 AUTHORITY: 5 USC 301, Departmental Regulations; 10 USC 3013, Secretary of the Army and E.O. 9397 (SSN) PRINCt"PAL PURPOSE: To assist leader's in conducting and recording counseling data pertaining to subordinates. ROUTINE USES: For subordinate leader development lAW FM 22-100. Leaders should use this form as necessary. DISCLOSURE: Disclosure is voluntary.
PART 1-ADMINISTRATIVE DATA Name (Last, First. Mli IRank/Grade Social Security No. IDate of Counseling
Alz / e-2..
21 AP/l....
0+


Name and Title of CounselorOrganization

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

. .
• LAct... 0.): ""D15c..\PLI~-G
PART III -SUMMARY OF COUNSELING Complete this section during or immediately subsequent to counseling.

DeT;4/;'-G-tYS ,,""lA/,r! L../N6-;V l-"o~ .Jll'6~A/O ovr 1...//-1-0'.$ 1/ "-IT-J; YCk A-cr50
UN/'!lor6-S'fP,-"o","-,#-LLY4-"""'P £EMov€p T7-1~ L /0 /7Ll!J"'"'1 r-trfi: 80 Jr(. e fT",,-,1-::J

;•. 'C', }'. ~'-"." ...j
___ J._.~ .~
""---' "" .... ..,
OTHER INSTRUCTIONS \...-Ul? ~ .~ It ~ 7
This form will be destroyed upon: reassignment (other than rehabilitative transfers), separation at ETS, or upon retirement. For-sd'j!\aHlti6r'1" requirements and notification of loss of benefits/consequences see local directives'and A.I::vB
I USAPA V1.00
DA FORM 4856, JUN 1999 EDITION OF JUN 85 7s OBSOLETE IJU
''''"
DOD 003031

;r Plan of A':ction: (dutlines actions that the subordinate will do after the counseling session to reach the agreed upon goa/(s). The actions st be specific enough to modify or maintain the subordinate's behaviJr and include a specified time line for implementation and assessment (Pan IV below).} '
yO'--\.~ t \.\ \'..e.h f'\ 'el.) t s.l,.", C\,.\.\ .......re v\..'1"" ~Mo

"'Il.l ,'V.....€-(s.~ ~
Yo "'~ v...1 \l hit.
po s,-tea:. CL+­
+k-~."4-D.esl:.
A: \\ Y..J..e-t..k:..

y~,,~ w III Cj-'v ~ S.e...-t Cc" ~r+' O\Ol-\-.e_) •

Solcli~.-· I..-,JCc::' 'V\{~G'r fI.'ld\ i-{\c.tf Fr-o·,'\·f he )~'\'3.9t' ~n' Cj 1'\ e. \Ai.ti..i. C {,L

Session Closing: (The leader summarizes the key points of the session and checks if the subordinate understands the plan of action. The
subordinate agrees/disagrees andprovides remarks if appropriate.)' .
Individual counseled~ ~gree D disagree with the information above.
Individual counseled remarks: .

Signature of Individual Counseled: ___Date: hi f\~r vi
Leader Responsibilities: (Leader's rf!tPonsibi/ . s in implementing the plan of action.)
So 2L
• ________________________ Date: Z! f./-pt2-CJ ~/~
Signature of Counselor
PART IV -ASSESSMENT OF THE PLAN OF ACTION
Assessment: (Did the plan of action achieve the desired results? This section is completed by both the./eader and the individual counseled an provides useful information for follow-up counseling.)
Counselor: Individual Counseled: Date of Assessment:
r---------------------------------------------------~~v~~~8
Note: Both the counselor and t~e individual counseled should retain a record of the counseling.
! ,-'~,~: -: ~~\ ~:~ ~~:.. \;(,:-I
USAPA V1.00
REVERSE, DA FORM 4856, JUN 1999
~ j .~ ---"

I~06972
DOD 003032
(\11 )\ 'f )
GENERAL COUNSELING FORM /
For use of this form, see AR 635-200; the proponent agency is MILPERCEN DATA REQUIRED BY THE PRIVACY ACT OF 1974 AUTHORITY: 5 USC 301, 10 USC 3012(G). PRINCIPAL PURPOSE: To record counseling data pertaining to service members.
ROUTINE USES: Prerequisite counseling under paragraphs 5-8, 5-13, chapters 11, 13 or section III, chapter 14, AR 635-200. May also be used to
document failures of rehabilitation efforts in administrative discharge proceedings.
DISCLOSURE: Disclosure is voluntary, but failure to provide the information may result in recording of a negative counseling session indicative
of the subordinate's lack of a desire to solve his or her problems. PART 1-BASIC DATA
2. SOCIAL SECURITY NO.3. GRADE
1. NAME (last, first, MIJ
4. SEX
E2
Male
5. UNIT
FOR TRAINING UNITS ONLY
6., WEEK OF TRAINING 7. TRAINING SCORES• HIGH MED LOW
PART 1/ -OBSERVATIONS
8.
DATE AND CIRCUMSTANCES 23APR04, Serious incident o/a 19APR04.

9.
DATE AND SUMMARY OF COUNSELING 23APR04, As the OIC of the TF , I am very concerned about the incident that occurred a/a 19APR04. You came dangerously close to violating the policies and orders of this command and the Geneva Convention. To your credit, you realized the dangerous position you were in and stepped back before a mistake was made.

I understand that you are a soldier who has come here to defeat the enemies.of our nation, it may seem contrary to be placed in a role caring for the enemies of our nation. ' What needs to be clear to you ,is that the intelligence coming from the detainees in this facility is critical to defeating the leaders of the various groups that endanger Coalition Forces every day and to Your role is to maintain the detainees in this facility between interrogation sessions in accordance with the policies of this facility and the Geneva Convention. Do not take it upon yourself to stray from these duties in any way. If you have any questions as to what your duties entail, you need to ask your chain of command.
Your platoon chain of command has briefed me on the measures they are taking to provide you additional training to enhance your duty performance. Pay close attention to this training as any future misconduct of the type displayed o/a 19APR04 or mistreatment of detainees will result in UCMJ action. Nothing further.
t,; ',", 'j;. ~ '-" ", ; ,"
.• , -~.--j
, L' II
.J l.LaJ
DIsPosmONINSTRUCTIONS
This jorm will he destroyed upon: reassignment (other than rehabilitative transfers), separation at ETS, or upon retirement.

DA FORM 4856 JUN 85 EF EDITION OF JUL 84'S OBSOLETE

IJUIIDII
IS'
;:06973
DOD 003033
, (to 1" )
PART 11/ -AUTHENTICATION '-/
10. NAME, GRADE, SIGNATURE OF COUNSELOR ~
ID~TE
MAJ, MI old·.... 23 Apr 04
--• I
11. I acknowledge having been counseled by the above individual and understand the reason for this counseling session. ~nc'~nonconcur that the information above accurately reflects this counseling session. I nonconcur for the following reasons: ­
...."\
DATE12. NAME, GRADE, SIGNATURE 0S.JN~IVIDUAL C~SELED ..",.,
....
.=
.'
( 'Tr ...-­
~
23' Apr 04
13.
IF COUNSELED IND~ALRE~t""ru ;TGN COUNSELING NOTES, COUNSELOR WILL INITI THIS BLO . .

PART IV -REHABILITATION -

14.
REHABILITATION RESULTS I COMMENTS -

15. NAME, GRADE, SIGNATURE OF INDIVIDUAL COUNSELED DATE
16. NAME, GRADE, SIGNATURE OF COUNSELOR DATE
PART V -UNIT COMMANDER INTERVIEW -
17. INTERVIEW RESULTS AND RECOMMENDATION
,

}.

0011811' 15
COG;97{
DOD 003034

DEVELOPMENTAL COUNSEUNG FORM
For use of this form, see FM 22-100; the proponent agency is TRADOC
DATA REQUIRED BY THE PRIVACY ACT OF 1974 AUTHORITY: 5 USC 301. Departmental Regulations; 10 USC 3013, Secretary of the Army and E.O. 9397 (SSN) PRINCIPAL PURPOSE: To assist leaders in conducting and recording counseling data pertaining to subordinates. ROUTINE USES: For subordinate leader development lAW FM 22-100. Leaders should use this form as necessary. DISCLOSURE: Disclosure is voluntary.
PART I -ADMINISTRATIVE DATA Name (Last, First, MI) RanklGrade Social Security No. Date of Counseling
PV2/E-2
23 April 04
I I
Name and Title of CounselorOrganization
~__vr...
2LT _ :)IC
PART II -BACKGROUND INFORMATION Purpose of Counseling: (Leader states the reason for the counseling, e.g., performance/professional growth or event-oriented counseling, and includes the leader's facts and observations prior to the counseling.)
Unprofessional Behavior and Lack of Discipline
PART III -SUMMARY OF COUNSELING
Complete this section during or immediately subsequent to counseling.

Key Points of Discussion:
PV2"', your behavior dealing with the Detainees has been unprofessional. The following areas will be address and corrected:
-Your actions past, future and present could potentially get you in a great deal of trouble. . -We are in an extremely high profile and very important mission, which requires your absolute professionalism at all times. -You will read and follow the SOP to standard, and the rules stated in the Geneva Convention at all times, anything less is unacceptable.
Your actions have put the entire platoon in a negative light in the eyes of the command, and we MUST avoid this in the future. If this type of action continue, UCMJ actions will be taken again you.

OTHER INSTRUCTIONS This form will be destroyed upon: reassignment (other than rehabilitative transfers), separation at ETS, or upon retirement. For separation requirements and notification of loss of benefits/consequences see local directives and Mft· ';'i;~'I-i-.rlIt-____.....
DA FORM 4856, JUN 1999 EDITION OF JUN 85 is OBSOLETE (' ~ Willi. USAPA V1.00
~ 069 1,5 15
DOD 003035

Plan of Action: (Outlines actions that the subordinate wilFdo after the counseling session to reach the agreed upon goa/{s). The actions must be specific enough to modify or maintain the subordinate's behavior and include a specified time line for implementation and assessment (Part IV below).}
PV2 ~you will-clean all the Detainee cells on each shift for I week. This action will being on the 23 April 04 -29 April
04. Hours; 0900 hrs -2000 hrs -0300 hrs. You will be released by the each shift Team Chief.
Session Closing: (The leader summarizes the key pOints of the session and checks if the subordinate understands the plan of action. The -s,!bordinate agrees/disagrees and provides remarks if appropriate.) -
Individual COUI!~_~I.~cl_: ~agree 0 disagree with the information above. Individual counseled remarks:
Signature of Individual Counseled:

____Date:
23 Apr 04
Leader Responsibilities: (Leader's responsibilitief1n implementing the plan of action.) If
$
¢ ..
0-
Signature of Counselor: _ /'

I'AIi I IV -AS~ESSMENT OF THE PLAN OF ACTION Assessment: (Did the plan of action achieve the desired re~ults? This section is completed by both the leader and the individual counseled am provides useful information for follow-up counseling.}

Counselor:___________ Individual Counseled: ____________ Date of Assessment: ___"'_V_I_J_V_1I_tJ_"_2__
Note: Both the counselor and the individual counseled should retain a record f'i 1111
REVERSE, DA FORM 4856, JUN 1999 ., -~

USAPA V1.OQ

COG976 IS'
DOD 003036

Doc_nid: 
3271
Doc_type_num: 
66