AR 15-6 Investigation Report re: Report of Detainee Abuse at Camp Marlboro

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Investigation into the abuse (hitting and kicking) of several detainees. The detainees were captured for supposedly threatening soldiers with weapons and making false passports. Includes sworn statements of soldiers and detainees.

Doc_type: 
Investigative File
Doc_date: 
Monday, September 22, 2003
Doc_rel_date: 
Tuesday, March 22, 2005
Doc_text: 

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001524

DODDOA 026938

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DEPARTMENT OF THE ARMY
HEADQUARTERS, 2D SQUADRON, 2D ARMORED CAVALRY REGIMENT
UNIT # 92375
BAGHDAD, IRAQ APO AE 09322-2375

AFZX-CB-A 22 September 2003 MEMORANDUM FQR: SUBJECT: Appointment of Investigating Officer
1.
You are hereby appointed an investigating officer pursuant to AR 15-6 to conduct an informal investigation into the alleged mistreatment of detainees by soldiers of 2d Howitzer Battery, 2d Armored Cavalry Regiment on or about 21 September 2003.

2.
In your investigation, all witness statements will be sworn. From the evidence, you will assess the circumstances and events surrounding the incident.

3.
Submit your findings and recommendations in four copies on DA Form 1574 to this headquarters, ATTN: AFZX-C-CO, within 7 days.

001525
DODDOA 026939
REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER/BO. AD OF OFFICERS
For use of this form, see AR 15-6: the proponent agency is OTJAG. IF MORE SPACE IS REQUIRED 1N FILLING OUT ANY PORTION OF THIS FORM, ATTACH ADDITIONAL SWEETS
SECTION 1 - APPOINTMENT
Appointed by
horny)
22 SEP 03 (Attach inciosure 1: Letter of appointment or summary of oral appointment data.) (See para 3-15• AR 15-6,) (Date)
SECTION II - SESSIONS

The (investigation) (board) commenced at Camp Marlboro, Baghdad, Iraq at 1045 (Place) (Time)
nn 22 SEP .3 (If a formal board met for more than one session, check here O. Indicate in an inclasure the time each session began and
ended, the place, perions present and absent, and explanation of absences, if any.) The( following persons present: (After each name, indicate capacity. e.g. • President, Recorder, Member, Legal Advisor.)
(members. respondents, counsel) were
The following persons (members, respondents, counsel) were absent: (Include brief explanation of each absence.) (See paras 5-2 and 5-8a, AR 15
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1850 22 SEP 03
The (investigating officer) (board) finished gathering/hearing evidence at on

(lime) (Date)
2200 22 SEP 03
and completed findings and recommendations at on

(Thee) (Date)
SECTION III - CHECKLIST FOR PROCEEDINGS
A COMPLETE IN ALL CASES
1 IncInsures (para 3-15, AR 15-6)
Are the following inclosed and numbered consecutively with Roman numerals: (Attached in order listed)

a.
The leiter of appointment or a summary of oral appointment data?

G.
Copy of notice to respondent, if any? (See item 9, below)
c Other correspondence with respondent or counsel, if any?
If. All other written communications to or from the appointing authority?

e. Privacy Act Statements (Certificate, if statement provided orally)?
f Explanation by the investigating officer or board of any unusual delays, difficulties, irregularities, or other problems
encountered (e.g., absence of material witnesses)?

g.
information as to sessions of a formal board not included on page I of this report?

h.
Any other significant papers (other than evidence) relating to administrative aspects of the investigation or board?

FOOTNOTES: II Explain all neRative ant wen on an ac nched sheer. V Use of tire NIA column constitte.es a poyitive represenzadon that the cart:arra:tower described in the quer:ion did no occur in chis invextignannor hoard.
DA FORM 1574, MAR 83 EDITION OF NOV 77 IS OBSOLETE_ Page al-4 page,
YES NO1/ NA
.. i.

..ala.i. 4.-...
11.11MER
111111=211
1111

=MEI '401:J26,
USA PA V 1 . 20
DODDOA 076q40
2 Exhibits (para 3-16, AR 15-6) YES ) NO .11 NAV
a. Are all items offered (whether or not received) or considered as evidence individually numbered or lettered as
x
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? x

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 (if 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 (pare 3-6b, AR 15-6)?

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? x

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 (pare 3-I6d, AR I5-6)?

x
3 Was a quorum present when the board voted on findings and recommendations (paras 4-1 and 5-2b, AR 15-6)?
x
B. COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter 5, AR 15-6)
4 At the initial session, did the recorder read, or determine that all participants had read, the letter of appointment (pare 5-3b, AR 15-6)? 15-5 Was a quorum present at every session of the board (para 5-2h. AR 15-6)?
,,.... 6 Was each absence of any member properly excused (pare 5-2a, A)? 15-6)? 7 Were members, witnesses, reporter, and interpreter sworn, if required (para 3-1, AR 15-6)? 8 If any members who voted on findings or recommendations were not present when the board received some evidence, does the enclosure describe how they familiarized themselves with that evidence (pare 5-2d, AR 15-6)?
C. COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section 11. Chapter 5, AR 15-6)
9 Notice to respondents (parer 5-5, AR 15-6):
a Is the method and date of delivery to the respondent indicated on each letter of notification?

6. Was the date of delivery at least five working days prior to the first session of the board?
c. Does each letter of notification indicate —
(I)
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 co 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/
I0 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)?

b Was record of proceedings and evidence received in his absence made available for examination by him and his counsel (pare 5-4c, AR 15 -6)?
11 Counsel (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 .
b.
Was respondent's counsel present at all open sessions of the board relating to that respondent?

c.
f military counsel was requested but not made available, is a copy (or, if oral, a siinunary) of the request and the
action taken on it included in the report (para 5-6b, AR 15-6)?

12 If the respondent challenged the legal advisor or any voting member for tack of impartiality (para 5-7, AR 15-6)
a. Was the challenge properly denied and by the appropriate officer?
6. Did each member successfully challenged cease to participate in the proceedings?
13 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 (pare 5-9, Al? 15-6)?

14 If requested, did the recorder assist the respondent in obtaining evidence in possession of the Government and in
arranging for the presence of witnesses (pare 5-86. /1.1? 15-6)?

15 Are all of the respondent's requests and objections which were denied indicated in the report of proceedings or in an enclosure or exhibit to it (pare 5-11, AR 15-6)?
FOOTNOTES: II Espluin all negative answers an err a2achedsheer.
ZI Use o fate NIA column itqnsthutes a positive representation than the circumstances described in the question did no: occur in this investigation or board.
USAPA V1.29
Page 2 of 4 pages, DA Form 1574, Mar 83
DODDOA 026941

SECTION IV - FINDINGS (para 3-10, AR 15 -6)
The (investigating officer) (board), having carefully considered the evidence, finds:
The three detainees in the Squadron holding pen were punched and kicked at approximately 21 2330 SEP 03 by soldiers front HWB 2/2ACR for several minutes_(Exhibit 1, II, III , IV, V, Xl, XII, XIII) _
'eked 1111111.1111.111kirsev eral times.1111.1 was wearing a dasha and was being detained for forged
passports. 1.It I, XII) 111111111111111.1111kit IIIIIIIIIIIIIIIIIMMINIIIiBeviral times.11111111ftwas wearing a white long sleeve shirt and was beingetained for pointing a weapon at the tower and using children as a shieid.(Exhibit II, XIII) IlItiitellmINIIINIIIMIIMSOMMIIIIIPIIIINOWseveral times. OM& was wearing a read jersey and was being detainedWraba-nd ammunition. (Exhibit III, Xl) allowed 1111111111.1111111.11111116,5 and IMMIlikaccess to the detainee holding
111111.11 1111°
area. (Exhibit IV, V) n did not attempt to stop the attacks or report the incident. (Exhibit IV, V) iffilliellialliMillinpacted alone_ (Exhibit I, II, III) eported hearing screams from the detainee holding area while pulling guard on Tower 6.(Exhibit VIII, IX) vestigated Tower 6's report to discover the beating incident.(Exhibit VIII) 11111 11.1111.1.1111111111Waluated the three detainees and determined they had suffered bumps, bruises
and abrasions, but n hrnken hn Ac f Phr hit
reported no direct knowledge of similar events within the
Battery.(Exhibit
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sa
rr
SECTION V - RECOMMENDATIONS (para 3-11, AR 15 -6) c
In view of the above findings, the (investigating officer) (board) recommends: The Appointing Authority consult with the StaffJudge Advocate about possible LICNEJ action. 0 C C
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1528

!ge 3 of 4 pages. DA Form 1574, Mar 33 USAPA V i .20
DODDOA 026942

SECTION VI -AUTHENTICATION (para 3-17, AR 15
(If any voting member or the recorder fails to sign here or in Section VII
THIS REPORT OF PROCEEDINGS IS COMPLEI h. AND ACCURATE
below, indicate the reason in the space where his signature should appear.)
(Recorder) (fns est:gait (President)
(Member) (Member)
(Member) (Member)
SECTION VII - MINORITY REPORT (para 3-13. AR 15-6)
To the extent indicated in Inclosure , the undersigned do(es) not concur in the findings and recommendations of the board.

(In the inclosure, identify by number each finding and/or recommendation in which the dissenting member(s) do(es) not concur. State the
reasons for disagreement. Additional/substitute findings and/or recommendations may be included in the inclosure.)

(Member) (Mentber)
SECTION VIII - ACTION BY APPOINTING AUTHORITY (para 2 3. AR 15-6) The findings and recommendations of the (investigating officer) (board) are (approved) (disapproved) (approved with following exceptions/ substitutions). Of the appointing authority returns the proceedings to the investigating officer or board for further proceedings or corrective action, attach that correspondence (or a summary, if oral) as a numbered inclosure.)
USAPA V1,20
Page 4 of 4 pages, DA Farm 1574, Mar 83
DODDOA 026943
Exhibit I Exhibit II Exhibit HI Exhibit IV Exhibit V Exhibit VI Exhibit VII Exhibit VIII Exhibit IX Exhibit X Exhibit XI Exhibit XII Exhibit XIII Exhibit XIV
001530

RIGh ... WARNING PROCEDURE/WAIVER CER"._CATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS .nuy o ri
DATA REQUIRED BY THE PRIVACY ACT

AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.

DISCLOSURE: Disclosure of your Social Security Number is voluntary.
I. LOCATION 2. DATE TIME 4. FILE NO.
f--../ ------
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5. S. 0 ESS
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PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights

The investigator whose name appears below told me that he/she is With the United States Army 111111 1111111.11111011111111r_
and wanted to question me about the following offensels) of which I am suspected/accused: Before hu/she asked me any questions about the offense(s), however. he/she made it deer to me that I have the following rights:
1.
I do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3.
(For personnel subject °the UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at rio expense to the Government or a noihtary lawyer detailed for me at no expense to me, or both_

• - of -(For civilians not subject to the UCM...11 I have the right to talli privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offenseIs} under investigation, with or without a Lawyer' present, I have a right to stop answering questions at any time, or
speak privately with La lawyer before answering further, even if I sign the waiver below.

COMMENTS (Continue on reverse side)
Section a_ Waiver
I Understand my rights as stated above. I am now willing to discuss the offense(si under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (If available) 3. SIGNATURE OF INTERVIEWEE
1 a. NAME {Type or Print) .
b. ORGANIZATION OR ADDRESS AND PHONE 4. SI , • 7 -E 0 V t ,TOR
'V
2a. NAME (Type or Print) 5. TYPED NAME OF INVESTO-

b. ORGANIZATION OR ADDRESS AND PHONE fi. ORGANIZ • e . ti ' TIGATOR
Section C. Non-waiver
1.
1 do not want to give up my rights
0 1 want a lawyer ii I do not want to be questioned or say anything

2.
SIGNATURE OF INTERVIEWEE

ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
_
USAF% 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
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301531

DODDOA 026945

SWORN STATEMENT_
b ( )
For use of this form, see AR 190-45: the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY:_Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSKI. PRINCIPAL PURPOSE:_To provide commanders and law enforcement officials with means by whiCh information may be accurately ROUTINE USES:_Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary.
I. LOCATION 2. DATE (YYYYMMDDI 3. TIME 4. FILE NUMBER V.,,c--56?7-7--
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5. LAST NAM (RST NA MID E NAN/E 6._SSI! GRADE/STATUS
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9. jarosairwt_, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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10. EXHIBIT INITIWERSON MAKING STATEMENT
PAGE 1 OF PAGES
1
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USA AA 111.00
001532
DODDOA 026946
USE PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATEMENT OF TAKEN AT DATED
9. STATEMENT (Continued) Grveriif tp1,1764r. 7-Ms
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INITIALS OF PERSON MAKING STATEME
PAGE 2 OF -3 PAGES
LISAPA V I .00
PAGE 2, DA FORM 2623, DEC 1998
001533
DODDOA 026947

STATEMENT OF TAKEN AT DATED
9. STATEMENT (Continued)
te)
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AFFIDAVIT
ip . I-3AVE•READ OR HAVE HAD HEAD TO ME THIS STATEMENT WHICH BE S ON PAGE I, AND ENDS ON PAG E . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFLUENCE, 0 LAWF INDUCEMENT.
1, iidmmmm___
(Signature of Person Making Statement
Subscribed and sworn to before me. a person authorized by law to
WIT administer o• hs, this day of Sac
at
--*AA
(Sig sture 0 erso tering Oath)
(Typed Name of Person •• rnentsterrng Oath)
iVz
ORGANIZATION OR ADDRESS (Authority To Administer Oaths; INITIALS OF PERSON MAKING STATEM0015
PAGE 3 OF 3 PAGES
USAPA V t.00
PAGE 3, DA FORM 2823, DEC 1998
nnnnnA (19ROAR
001534

RIGHTS dARNING PROCEDURE/WAIVER CERTIFI rE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

LOCATION DATE 3 TIME FILE NO.
4)15- VC
NAME (Lest t 8. 0

6_ SSW 7. GRADF ATUS M 4--itz-13,2/4 o
PART 1 - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A_ Rights
4111MISEW

The investigator Whose name appears below told me that he/she is with the United States Army and wanted to question me about the following offensels) of which I am
suspectedlaccused:
Before he/she asked Inc any questions about the offense(sl, however, he/she made it clear to me that I have the following rights:

I . 1 do not have to, answer any question or say anything.
2 Anything I say or do can be used as evidence against me in a criminal trial.

3. (For personnel subject °the UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a Iawyerpresent with roe during questioning. This lawyer can be a civilian lawyer 1 arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
- C r -
(For civilians not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer

will be appointed for me before any questioning begins.
If I am now willing to discuss the offensels) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or

speak privately with a lawyer before answering further, even if I sign the waiver below.

COMMENTS (Continue on reverse side/
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offensels/ under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (If available! ATURE OF INTERVIEWEE
I a. NAME (Type or Print)
ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print) TYPED NAME OF INVESTIGATO

__Mall1111•11111110.

ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION VESTIGATOR
C-J44414) fAA
Section 'C. Non-waiver
I do not want to give up my rights
. 1 want a lawyer 0 I do not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
001535

nnnnna n9Razio
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 ISSN/.
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additionaUalternate means of identification to facilitate filing and retrieval.

DISCLOSURE: Disclosure of your social security number is voluntary.
1. LOCATION 2. DATE fYYYYMMDDI 3. TIME 4. FILE NUMBER
C4-#1/tr. 1g to

5. LAST NAME, FIRST NAME, MIDDLE NAME 6. SSN 7. GRA STATUS
8 0 R ADDRESS
9.
I, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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10. EXHIBIT 11. INITI OF PERSON MAKING STATEMENT PAGE 1 OF -3 PAGES
10 AOM 6 PT'W I -IMOD

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT .TAKEN AT.DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
USAPA V1.00
DA FORM 2823, JUL 72, IS OBSOLETE

DA FORM Z6Z3, DEG 1098
301 5 a 6 DonnnA n9Rclr,
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF Ti-US FORM.
STATEMENT OF 11111111111111 TAKEN AT DATED 7-e-
9 STATEMENT !Continued)
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IN TIALS 04iiiii MAKING STATEMENT
PAGE 2 OF —3
USAPA VI .00
PAGE 2. OA FORM 2823, DEC 1998
001537
DOnnnA n9Ra1
STATEMENT OF TAKEN AT DATED
S. STATEMENT (Continued)
O
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AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH B GINS ON PAGE 1, AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENC R UNLAWFUL INDUCE T.
111.111.1.111116L_____,
1
'gnat og Statement)
Subscribed and sworn to before me, a person authorized by law to
WITNESSES:
administer oaths, this day of :54 , -2c:10
at (:‘,4-vtA.-1) , ASA
ORGANIZATION OR ADDRESS
(Typed Name of Person Administeringhath)
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OFP MAKING STATEMENTtip PAGE OF Ti PAGES
PAGE 3. DA FORM 2823. DEC 1998 00158 USAFA V 1 .00
nnnnna n9R(:19

RIGHTS WARNING PROCEDURE/VVAIVER CERTIFIC....E
Far use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012Igl
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE -USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.


t. LOCATION 2. DATE 1 3. TIME 4. FILE NO.
C,117/443r et,104-Cne-)A--2 1.514641=01-.(z-ii-Q ..y2rii7c5,—/2 i .f6,c='
i
5. NAME lLast, First, MII ' 8. ORGANIZATION SS
5. 7. GRADErSTATU 49 1,4,*4GIA3 .
--C-fir -.1.0"
. .r--'-'-'--
.0"
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
• The investigator whose name appears below told me that he/she is with the United States Army end wanted to question me about the following offensels) of which i am .
C
suspectedfaccused:
Before he/she asked me any questions about the offensels/, however, he/she made it dear to me that I have the following rights: •
1.
I do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence agziinst me in a criminal trial.

3.
(For personnel subject othe LICMJ Ihave the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me

during questioning. This lawyer can be a civilian lawyer 1 arrange for at no expense to the Government or a military lawyer detailed for me at no expense to rne,
or both; G - or -
O

(For civilians nor subject to the UCMJ) I have the right to talk privately to a lawyer before, during, end after questioning and to have a lawyer present with
me during questioning_ I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer
_ will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offensels) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if 1 sign the waiver Belo -w.
5. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offenselsi under investigation and make a statement without talking to a lawyer first and without
having a lawyer present with rne.

WITNESSES (If available) 3. GNA 'k 'E OF IF
1a. NAME (Type or Pont)
b.
ORGANIZATION OR ADDRESS AND PHONE 4. ^ AT E l i if; ATOR

b.
ORGANIZATION OR ADDRESS AND PHONE 6. • t L . :X ON OF I. 'GATOR

2a. NAME (Type or Print/ 5. TYPED NAME • ' • TOR
CM &T. 11444/44--0#1,-(2) 1-11--ACT1464A.
Section C. Non-waiver
1. I do not want to give up my rights
.
CI I want a lawyer D I do not went to be questioned or say anything

...
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
SAPA 2.01
DA FORM 3881 NOV 89 EDITION OF NOV 84 IS OBSOLETE
-if)OLUQTAT Ifl 10 OPQ
1 5 3 9

DODDOA 076952


SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSAfl.
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/altemate means of identification to facilitate tiling and retrieval.
DISCLOSURE: Disclosure of your social security number is voluntary.

1. LOCATION 2. DATE IYYYYMMDDI 3. TIME 4. FILE NUMBER
fi 4-ze-G--c "Ocr7-3 zz

5. LAST NAME, FIRST NAME, MIDDLE NAME 7. GRADE/STATUS
8. ORGANIZATIO OR ADDRESS

I, _,IIIIIIIMpli.1111111W , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

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10. EXHIBIT 11.I S OF PERSON MAKING STATEMENT
PAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEN! T TAKEN AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
USAPA V1.00
IDA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE
001540
DODDOA 026954
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
DATED
TAKEN AT STATEMENT OF
9 STATEMENT (Continuedl a 96
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PAGES
USAPA Vi.00
PAGE 2. DA FORM 2823, DEC 1998
001541
DODDOA 026955
STATEMENT OF TAKEN AT DATED 9 STATEMENT !Continued)
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AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT 0 WHICH BEGINS E 1, AND ENDS ON PAGE 9I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE 0 BY ME. THE STATEMENT IS TRUE. 1 HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREE ITHOUT I-I•PE.OF BENEFIT OR REWARD, WITHOUT ti
Alk
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL I DUCEMENT.
-_-..i.:-. .WF1--P ';erson Making Statement)
Su sworn to before me, a person authorized by law to
WITNESSES:
administer oaths, this day of Q70 705
at 647,-14-
Q

ORGANIZATION OR ADDRESS g enure istering Oathi
(Type me o erson Administering Oat
140 --C.
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON STATEIVIENT
PAGE -3 OF PAGES
• USAPA V1_00
PAGE 3, DA EOM 2623, DEC 1998
rInt.--sncr_,
00 15 4 ;r
nnnnn A
RIGHTS WARNING PROCEDURE/WAIVER CERTIFIG—LE For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE: Title 10, United States Code, Section 3012IgI To provide commanders and law enforcement officials with means by which information may be accurately identified. Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval. Disclosure of your Social Security Number is voluntary.

LOCATION 2_ DATE 3. TIME 4. FILE NO.
cdffivi ( 5--c°
5. NAME (Last, First, Mi) B. ORGANIZATION OR ADDRESS

6. SSN 7. GRADE/STATUS
C24.4.A.T" OA itfriSe.—eL--2
PART I - RIGHTS 'WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
The investigator whose name appears below told me that he/she is with the United States Army 11111111111111111.111111MMIIIII_
and wanted to question me about the following offensefs) of which I am suspected/accused: Before he/she asked me any questions about the offensels), however, he/she made it clear to me that I have the following rights:
1. A
1-o not have to answer any question or say anything.
2. Anything I say or do can be used as evidence against me in a criminal trial.
3, (For personnel subjecr othe UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a Lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expanse to the Government or a military lawyer detailed for me at no expense to me, or both.
-or -{For civilians not subject Co -the UCtlikll I have the right to talk privately to a lawyer before, during, and after questioning and to have a Lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if L cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. If i am now willing to discuss the offensels} under investigation, with or without aa• lawyer present. 1 have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offense(s) under investigation end make a statement without talking to a lawyer first arid without having a lawyer present with me.
WITNESSES {If available) SIGNATURE OF INTERVIEWEE
I a. NAME (Type or Print)
b.
ORGANIZATION OR ADDRESS AND PHONE

b.
ORGANIZATION OR ADDRESS AND PHONE 6. OR A 1ZATION OF 1NVESTIGATO

2a.. NAME (Type or Print) 5. -a • 4. • a a.L iiiirATOR
i+4-7 0/7_ /4-11 ._
Section C. Non-waiver
do riot want to give up my rights want a lawyer . I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAI'A 2.0t
DA FORM 388'I, NOV 89 EDIT/ON OF NOV 84 IS OBSOLETE
0 15 4. 3
•¦•
DOODOA 076c:17
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY: -Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN). PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary.
1. LocATJoN 2. DATE (YYYYMMDD) 3. TIME 4. FILE NUMBER Iso
-501 i C-0 6--
5. LAST NAME, FIRST NAME, MIDDLE NAME 6. SSN 7. G TATUS
8. ORGANIZATION 1 R ADDRI=SS
9.

WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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10. EXHIBIT I 1 . INITIALS 0 ERSON MAKING STATEMENT PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USA PA V 1.00
1)01544
DODDOA 07695R
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATEMENT OF TAKEN AT DATED
9. STATEMENT (Continued)
USAPA V .00
PAGE 2, DA FORM 2823, DEC 1998
5 A. 5
SIy LS OF PERSON MAKING STATEMENT
PAGE --OF 3PAGES
nonnnA noRaga
1/4 •••'.
DATED
STATEMENT OF TAKEN AT
9. STATEMENT (Continued)
Thp
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE L5 . 1 FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME, THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. 1 HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
Making Statement)
Subscribed and sworn to before me, a person authorized by law to
WITNESSES:
administer oaths, this 41---day of 4512-

,
at OW\ P
ORGANIZATION OR ADDRESS
(Type Name of Person Administering Oath)
ORGANIZATION OR ADDRESS fittkority To Administer Oaths)
S OF PERSON MAKING STATEMENT
j_
PAGE 3 OF 3 PAGES .
USAPA V 1.00
PAGE 3, DA FORM 2823, DEC 1998
001546
nnnr,r, A
rtt-s e
1.•_re._ 11, 1,
nit/VVAIVtli_1...
FiltiI-I I S WAKNINU 1-114.3UtlA_tti_I trii t t
For use of this form, see AR 190 -30; the proponent agency is ODCSOPS
6 () )

6 b.)
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:_ Title 10, United States Code, Section 301 2(g)
PRINCIPAL PURPOSE:_To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES:_Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.

DISCLOSURE:_Disclosure of your Social Security Number is voluntary.
_
LOCATION 2. DATE 3. TIME 4_ FILE NO.
44-1' e. it,/ Ap-za,.o,,z_c) 7-1- 4-19v-77 I G 3e,
5, E (Last First, MI - --. — 8. OR TIO
..
6. S N 7. GRAI3E/STATUS C 4-01"- rn_49
41110111110P

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
The investigator whose name appears below told me that be/she is with the United States Army
_ arid wanted to uestion me about the following offensels) of which I em suspectediaccusedi Before he/she asked me any questions about the offensels), however. hatsha made it clear to use that I have the following rights:
do not have to answer any question or say anything_ • 2 Anything I say or do can be used as evidence against ma in a criminal uiel. 3 (For personnel subject othe UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with roe
questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me, or both.
- or -• (For civilidrts not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. understand that this lawyer can be one that arrange for at my own expense, or if cannot afford a lawyer end want one, a lawyer will be appointed for me before any questioning begins.
If I am now willing to discuss the of fenseisl under investigation, with or without lawyer present, have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if sign the waiver below.
COMMENTS (Continue on reverse side)
Section 8. Waiver
I understand my rights as stated above-I am now wilting to discuss the offenseisl under investigation and make a statement without talking to a lawyer first and withou }raving 'a lawyer present with me.
WITNESSES (If available) SIGNATURE OF INTERVIEWEE
1 a. NAME (Type or Print)
ORGANIZATION OR ADDRESS AND PHONE
2e. NAME
(Type or Print ,
ORGANIZATION OR ADDRESS AND PHONE ORGANIZATION OF INVESTIGATOR
[Section C. Non-waiver
do not want to give up my rights 0 want a lawyer 0 I do not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
_
USAPA 2.01
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SWORN STATEMENT_

6 (4), i)
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSW
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately

Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary.
ROUTINE USES:
1. LOCAoLt 2. DATE (YYYYMMDD; 3. TIME 4. FILE NUMBER
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5. LAST NAME, FIRST NAME, MID LE NAME 6. SSN 7. GRADE/STATUS
r8. ORGANIZATI
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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10_ EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT
PAGE 1 OF 3 PAGES

-
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT DATED

. THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED..
DA FORM 2823, JUL 72, IS OBSOLETE USAPA V1,00
DA FORM 2823, DEC 1998
001548
ntmnimr, A
10AON 6 P11)i 01 -111100

Doc_nid: 
2786
Doc_type_num: 
66