Army Detainee Operations Report: DOD Questionnaire of First Lieutenant re: Detainee Operations

MV V&O
OIC & NCOIC
COLLECTION POINT
INTERVIEW QUESTIONS
Rank j kf Branch Date , Unitigi -5/ mr GQ
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Interviewer
1. Can you tell me what sources that you use to get policy, doctrine and
standards for Detainee Operations? (What doctrine was used in setting. up
the collection point?) Describe the basic principles of detainee operations and
how you are applying them. (1.1, 4.1) (AR 190-8, DoD Directive 5100.77, 1949 Geneva
Convention, FM 3-19.40 I/R Operations FM 3-19.4 MP Commander's Handbook are the
base primary sources for doctrine and standards.)
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2. How did you prepare yourself and your junior leaders/Soldiers to understand
applicable regulations, OPORD/FRAGO, directives, international laws and
administrative procedures to operate a collection Point? (1.1, 1.2, 1.4, 1.6, 4.1).
(AR 350-1 paragraph 4-14c. (2) and table G-1 Refresher training, dated 9 April 2003), Level B
training is conducted in units for officers, warrant officers, NCOs and enlisted personnel
commensurate with the missions of the unit. FM 3-19.40, paragraph 2-2, Commanders are
familiar with applicable regulation, directives, international laws, and administrative procedures.
AR 190-8 para 1-5 (4) (C), DOD Directive 5100.77, All prisoners will receive humane treatment
and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking
of hostages, sensory deprivation, collective punishments, execution without trial by proper
authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of
violence to include public curiosity. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03
para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict
and with these ROE."
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3. How did Home Station/Mob Site Training prepare you to conduct Detainee
Operations? (Did this include Law of War and treatment of Detainees
training.)? (1.1, 1.2, 1.3, 1.4, 4.1) DoDD 2310.1 (The U.S. Military Services shall be
given the necessary training to ensure they have knowledge of their obligations under the
Geneva Conventions (references (b) through (e)) and as required by DoD Directive 5100.77
(reference (f)) before an assignment to a foreign area where capture or detention of enemy
personnel is possible.) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April
2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted
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personnel commensurate with the missions of the unit. AR 190-8 para 1-5 (4) (C), DOD Directive
5100.77, All prisoners will receive humane treatment and that the following acts are prohibited
murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation,
collective punishments, execution without trial by proper authority, and all cruel and degrading
treatment. Prisoners will be protected against all acts of violence to include public curiosity. (AR
350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B training is
conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with
the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will
receive humane treatment and that the following acts are prohibited murder, torture, corporal
punishment, mutilation, taking of hostages, sensory deprivation, collective punishments,
execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will
be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para
5.5.1, The Secretaries of the Military Departments shall provide directives, publications,
instructions, and training so that the principles and rules of taw of war will be known to members
of their respective Departments, the extent of such knowledge to be commensurate with each
individual's duties and responsibilities.)
4. Describe the training the guard force received to prepare them for their duties.
(1.1, 1.2, 1.4, 4.1) (FM 3-19.40, para 2-49). The guard force should receive additional training
in— • Riot control measures, control agents, and dispersers. • QRF actions. • Searching
techniques, including the use of electronic detection devices. • Nonlethal equipment and
weapons. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All
commanders will ensure their personnel are familiar with the law of armed conflict and with these
ROE."
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• 5. How does your unit conduct sustainment training for Detainee Operations or
training for newly assigned personnel? (How often does this occur and please
describe it?) When did your unit last conduct this training? (1.1, 1.2, 1.4, 4.1)
AR 350-1 training annually on Law of War. No requirement for refrAsher training ,
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6. What kind of security lighting do you have that ensures you have a safe and
secure operation at-night? How do you provide heat to detainees during the
winter? What fire prevention/safety measures do you have? (1.8) AR 190-8,
paragraph 3-4 e, EPW/RP will be quartered under conditions as favorable as those for the force
of detaining power billeted in the same area. The conditions shall make allowance for the habits
and customs of the prisoners and shall in no case be prejudicial to their health. The forgoing .
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shall apply in particular to the dormitories of EPW/RP as it regards both total surface and
minimum cubic space and the general installation of bedding and blankets. Quarters furnished to
EPW/RP must be protected from dampness, must be adequately lit and heated (particularly _
between dusk and lights-out), and must have adequate precautions taken against the dangers of
fire. FM 3-19.40 para 4-103 "...minimize escapes by examining the lighting system during
darkness to detect poorly lighted areas along the perimeter (replace burned out or broken light
bulbs immediately" FM 3-19.40 para 2-37 The engineer officer is responsible for the maintenance
of utilities (i.e. heat). AR 190-8 para 3-17(a) A safety program for EPW/RP will be setup and
administered in each camp. AR 190-8 para 3-17(a) A safety program for CI will established and
administered JAW AR 385-10.
7. In relation to where the detainees are housed, how far away are your
ammunition and fuel storage sites? Where is your screening site where MI
Soldiers interrogate Detainees? (1.1, 1.2, 1.8)AR 190-8, Paragraph 2-1 f (2) Prisoners
will not be located next to obvious targets such as ammunition sites, fuel facilities, or
communications equipment.... FM 3-19.40 para 3-25 not locate captives near obvious
targets (ammunition, fuel) FM 3-19.40 para 3-64.... MI screening sites will be located away from
the receiving/processing line.
•8. Describe some of the basic operations of the collection point relating to
detainee segregation, captured medical/religious personnel, feeding, sanitation,
etc? (Do you segregate Detainees by nationality, language, religion, rank,
and sex? How are captured Medical personnel and Chaplains being used?
Are the daily food rations 'sufficient in quantity or quality and variety to
keep detainees in good health? Are personal hygiene items and needed
clothing being supplied to the Detainees? Are the conditions within the
collection point sanitary enough to ensure a clean and healthy environment
free from disease and epidemics)? (1.1, 1.2, 4.1) AR 190-8, paragraph 1-5 a-g, (All
persons detained, captured, interned, or otherwise held in U S Armed Forces custody during the
course of conflict will be given humanitarian care and treatment from the moment they fall into the
hands of U S forces until final release and repatriation. All persons taken into custody by U S
forces will be provided with the protection of the GPW until some other legal status is determined
by competent authority.) AR 190-8, paragraph 3-4. AR 190-8 para 3-4.b ...females will be
separated from males. AR 190-8, 1-5, g (1) EPW, and RP will enjoy latitude in the exercise of
their religious practices, including attendance at service of their faith, on condition that they
comply with the disciplinary routine prescribed by the military authorities. (2) Military chaplains
who fall into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be
allowed to minister to EPW, RP, of the same religion Para 6-6, g: (1) Hygiene and sanitation
measures will conform to those prescribed in AR 40-5 and related regulations. (2) A detailed
sanitary order meeting the specific needs of each CI camp or branch camp will be published by
the CI camp commander. Copies will be reproduced in a language that the CI understands and
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will be posted in each compound. (3) Each CI will be provided with sanitary supplies, service, and
facilities necessary for their personal cleanliness and sanitation. Separate sanitary facilities will be
provided for each sex. (4) All CI will have at their disposal, day and night, latrine facilities
conforming to sanitary rules of the Army.
9. What control measures do you use to maintain detainee discipline and
security in the collection point? (1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 2.1, 3.1, 4.1) FM 3-
19.40, paragraph 2-19, The MP commander establishes security measures that effectively control
housed personnel with minimal use of force The physical construction of the facility and the
presence of guard personnel create the most obvious means of providing internal and external
security. Maintaining a high state of discipline, a system of routines, and required standards of
behavior are all measures that enhance effective security and control. AR 190-8, paragraph 3-6,
Measures need to maintain disciple and security will be established in each camp and rigidly
enforced. The camp commander will maintain records of disciplinary punishments. These
records will be open to inspections by the Protecting Power. AR 190-8, paragraph 3-6 (Measures
needed to maintain discipline and security will be established in each camp/collection point and
rigidly enforced. The camp commander will maintain records of disciplinary punishments. These
records will be open to inspection by the protecting power. The following acts will not be
permitted; Fraternization between EPW, RP and U.S. military,or civilian personnel. Fraternization
is defined as improper or intimate communications or actionsfbetween U.S. Armed Forces
personnel and :EPW/RP. DonatingOr receiving gifts or engaging in any commercial activity
between persons in U.S. custody and U.S. personnel. Setting up of courts by detainees.
Disciplinary powers will not be delegated to or exercised by EPW/RP. Punishment will not be
adminiStered by EPW/RP.) AR 190-8, para 6-10, Measures needed to maintain discipline and
security will be set up in each camp and rigidly enforced. Offensive acts against discipline will be
dealt with promptly.
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10. What are the procedures for the transfer of Detainees from the collection
points to US Military controlled detention facilities? How is the transfer of
Detainees handled between coalition forces/host nation? (1.1, 1.2, 4.1) AR 190-8,
paragraph 3-11 AR 190-8, paragraph 1-4g(5), (Commanders will establish guidance for the use,
transport, and evacuation of detainees in logistical support channels.)
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11. What transportation problems do you experience moving detainees during the
operation? (1.5) FM 3-19.40 para 3-54 Captives should not remain at the central CP more
than 24 hours before being evacuated to the CHA FM 3-19.40, paragraph 3-45 Captives should
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C., If
not remain at the forward. CP more than 12 hours before being escorted to the central CP. When
they have been processed and are ready for evacuation, MP leaders - Report the status to the
BSA TOC and the PM (through MP channels). Request transportation, rations, and water frorri
the FSB Supply Officer (US Army) (S4). Ensure that receipts are ready for signature. Ensure
that property is properly tagged and given to escort guards
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12.Describe•the procedures you use when you in process a detainee. (CPA
Forces Apprehension Form, two sworn statements, EPW tag, where do you
store Detainees' confiscated personal affects (if any) and how are they
accounted for (are they tagged with DD Form 2745)? How is evidence
tagged? What procedures are in place to dispose of captured enemy
supplies and equipment? Do you medically screen detainees?) (1.1, 1.2,
1.8, 4.1) (AR 190-8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal property
confiscation during the search must be tagged and administratively accounted for by the
capturing unit. DD Form 2745, Part C is attached to the property confiscated from the Detainee,
so that it may later be matched to that Detainee.) AR 190-8, paragraph 1-4g(3), (Commanders
will collect and dispose of captured enemy supplies and equipment through theater logistics and
EOD channels.) FM 3-19.40 para 3-14. Property Accountability. When seizing property from a
captive—* Bundle it or place it in a bag to keep it intact and separate from other captives'
possessions. *Prepare DA Form 4137 for confiscated and impounded property. * Prepare a
receipt for currency and negotiable instruments to be signed by the captive and the receiver. Use
cash collection vouchers so that the value can.be credited to each captive's account. List
currency and negotiable instruments on the captive's personal-property list, but treat them as
impounded property. • Keep the original receipt with the property during evacuation. Give the
.captive a copy of the receipt, and tell him to keep it to expedite the return of his property. *Have
MI sign for property on DA Form 4137 and for captives on DD Form 2708. *Return confiscated
property to supply after it is cleared by MI teams. Items kept by MI because of intelligence value
are forwarded through MI channels. * Evacuate retained items with the captive when he moves to
the next level of internment. • Maintain controlled access to confiscated and impounded property.
FM 190-8, para 6-2, c. (1) DA Form 4237-R will be prepared for each protected civilian processed
in an occupied territory as a CI or dependent child.
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13. What MP units (platoon, guards, escort, detachments) do you have at your
disposal to operate and maintain the collection point? Do you have any
shortages? How do these shortages impact your mission? What non-MP units
are you using to help operate the collection point? Do you have any shortages?
How do these shortages impact your mission? (1.1, 1.2, 1.3, 1.7) FM 3-19.40 para
3-37. A division operates two types of CPs—forward and central. A division MP Company
operates forward CPs in each maneuver brigade AO and a central CP in the division rear area.
Both CPs are temporary areas designed to hold captives until they are removed from the A
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battlefield. Forward CPs are positioned as far forward as possible to accept captives from
maneuver elements. Central CPs accept captives from forward CPs and local units.
14.What is your normal ratio of guards to detainees in the collection point? Is
this ratio the proper mix for you to perform your mission? If not, what are the
shortfalls? Why are their shortfalls? How do these shortfalls impact your
mission? (1.1 , 1.2,. 1 ; 3, 2.1, 3.1, 4.1) METT-TC
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15.What is the number of personnel that is needed to move prisoners internally
and externally (i.e. to the internment facility, from the BN Collection Points, for
medical, evacuation, etc.)? (1 .1 , 1.7) FM 3-19.40, para 4-34, A transfer may be a result of
reclassification or another situation requiring the movement of an EPW. Transfer an EPW from
one facility to another under conditions that are comparable to those for a member of the US
armed forces when possible. Security measures are determined by MP and are influenced by the
type of EPW being transferred, the mode of transportation used, and other pertinent conditions.
AR 190-47, 11-3.b.(4), Guard requirements for prisoners being transported outside an ACS
facility, by means of foot, motor vehicle, or aircraft (other than AIREVAC or U.S. Marshals Service
aircraft) are as follows: (a) Trained correctional, military police or security personnel: Undermaximum
custody circumstances, there will be one guard per restrained prisoner and two
unarmed guards or one armed guard per unrestrained prisoner. Under medium custody
circumstances, there will be one guard per five prisoners. In minimum custody circumstances
there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility
commander. (b) Non-correctional personnel: It is required that at least one guard be a SGT or
above who is equal or senior to prisoners in a pretrial status. Under maximum custody
circumstances, prisoners will have two guards per prisoner. In medium custody circumstances,
prisoners will have one guard per two prisoners, and in minimum custody circumstances there will
be one guard per five prisoners. FM 3-19.40 para 3-45 Captives should not remain at the forward
CP more than 12 hours before being escorted to the central CP. When they have been
processed and are ready for evacuation, MP leaders - Report the status to the BSA TOC and the
PM (through MP channels). Request transportation, rations, and water from the FSB Supply
Officer (US Army) (S4). Ensure that receipts are ready for signature. Ensure that property is
properly tagged and given to escort guards (FM 3-19.4 Chapter 7 Para 7.8, The number of MP
needed to operate a division forward collecting point is based on the number and rate of captives
expected and the METT-TC.
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16. What personnel shortages do you have? What issues, if any, do you feel your
unit has regarding manning or personnel resourcing in conducting Detention _
Operations? (1.7, 2.1, 3.1)(FM 3-19.4 Chapter 7 Para 7.8, The number of MP needed to
operate a division forward collecting point is based on the number and rate of captives expected
and the METT-TC.
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17. What equipment shortages (USR) are affecting your ability to perform
detainee operations? What other equipment is the unit experiencing as a shortfall
concerning detainee operations, (i.e., restraints, uniforms, CIF items, weapons,
etc.)? What major shortfalls has the unit encountered in regards to materiel and
supply distribution? (1.3, 1.5, 2.1, 3.1)
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18. Describe how the unit plans and procures logistical support to include:
transportation, subsistence, organizational, and NBC clothing and equipment
items, mail collection and distribution, laundry, and bath equipment ISO DO.
(1.1, 1.2,1.4) AR 190-8, paragraph 1-4g(2), (Commanders will plan and procure logistical
support to include: transportation, subsistence, personal, organizational and NBC clothing and
equipment items, mail collection and distribution, laundry, and bath for DO.) f51
19. What logistical support do you receive to run this Facility? What types of
supplies is greater in-demand for the unit during detainee operations? And are
these items regularly filled? (1.5) (AR 190-8 para 1-4 g (2), Should include:
transportation, subsistence, personal, organizational and NBC clothing and equipment items, mail
collection and distribution, laundry and bath.) METT-TC
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20. What procedures do you have in place to ensure Soldiers and leaders
understand the use of force and rules of engagement for the collection point?
(1.1, 1.2, 1.4, 1.6, 4.1) FM'3-19.40, paragraph 2-29, An MP commander ensures that
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soldiers understand use-of-force guidelines and the ROE established by higher headquarters for
each mission. Because the use of force and ROE vary depending on the category of housed
personnel and the operational environment, the commander develops SOPs that follow the -
guidance provided. He balances the physical security of force with mission accomplishment and
the protection of deployed forces. ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03
para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict
a d with these ROE."
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21. What are the unit's procedures for the interrogation/questioning of Detainees?
(1.1, 1.2, 4.1) AR 190-8, paragraph 2-1d, (The use of physical or mental torture or any •
coercion to compel prisoners to provide information is prohibited. Detainees may voluntarily
cooperate with PSYOP personnel in the development, evaluation, or dissemination of PSYOP
messages or products. Detainees may not be threatened, insulted, or exposed to unpleasant or
disparate treatment of any kind because of their refusal to answer questions. Intelligence or
counterintelligence personnel will normally perform Interrogations.)
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22.What kind of stress counseling.are Soldiers/Guards provided? (1.1, 1.2, 2.1,
4.1) FM 3-19.40, paragraph 2-48, Personnel assigned or attached to I/R facilities are trained on
• the care and control of housed personnel. They are fully cognizant of the provisions of the
Geneva and UN Conventions and applicable regulations as they apply to the treatment of housed
personnel. A formal training program should include - stress management techniques. AR 190-
8, Paragraph 1-5, (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by
the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable
violation under international law and the Uniform Code of Military Justice (UCMJ).
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23. Do you maintain a separate site for sick or wounded Detainees? If so where
is it and how does your unit maintain the security and safeguarding of Detainees
there? How about female Detainees? How and where do you house them? (1.1,
1.2, 1.8, 2.1, 3.1) AR 190-8 para 3-4.i.(2) Every camp will have an infirmary AR 190-8 para 3-
4.b ...females will be separated from males.
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24. What type of Medical personnel/units are available in support of medical _
treatment of detainees? (1.1, 1.2, 2.1, 4.1) AR 190-8 para 1-4g(6) (The commander
should identify requirements for Army Medical units in support of the EPW, CI, and RP program
and ensure that the medical annex of OPLANs, OPORDs, and CONPLANs include procedure for
treatment of EPW, CI, RP, and ODs. a. Medical support specifically includes: First aid and all
sanitary aspects of food service including provisions for potable water, pest management, and
entomological support. b. Preventive Medicine: Reviewing, recommending, and coordinating the
use and assignment of medically trained EPW, CI, RP, and OD personnel and medical material?
Establishing policy for medical repatriation of EPW, CI, and RP and monitoring the actions of the
Mixed Medical Commission?
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25. Are Detainees given the latitude to practice their religion? Is there a chaplain
available to minister to the detainees? Is the chaplain a Retained Personnel, US
Forces, or a civilian? (1.1, 1.2, 2.1, 4.1) AR 190-8, 1-5, g (1) EPW, and RP will enjoy
latitude in the exercise of their religious practices, including attendance at service of their faith, on
condition that they comply with the disciplinary routine prescribed by the milit6ry authorities.
Adequate space will be provided where religious service may held. (2) Military chaplains who fall
into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be allowed
to minister to EPW, RP, of the same religion AR 190-8, para 6-17.a.(1) Cls will be encouraged to
participate in religious practices.
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26. Describe the latrine facilities for Detainees' use (do they have access to it day
and night and does it conform to the rules of hygiene and do females have
separate facilities). How are they cleaned and how often and by whom? Where
do they bathe and conduct other personal hygiene (this will depend how long it
takes to evacuate Detainees to U.S. Military Controlled Detention Facilities--12
hours is the standard)? (1.1, 1.2, 1.8) AR 190-8 para 3-4.i.(1) paraphrased...EPWs will
have day/night access to latrines that are clean. Females will have separate latrines. AR 190-8
para 6-6.g.(4) paraphrased..,All CI will have access to day/night latrines that are sanitary.
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27. How do the Detainees receive fresh water (Bottled water or Lister bag)? (1.1,
1.2, 1.8) AR 190-8, paragraph 3-4 f(3) Sufficient drinking water will be supplies to EPW/RP.
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28.What are the procedures if a detainee in U.S. custody dies? (1.1, 1.2, 4.1) AR
190-8, paragraph 3-3a (20): Report allegations of criminal acts or war crimes committed by or
against EPW/RP to the supporting element of the U.S. Army Criminal Investigation Command
(USACIDC). Deaths resulting from other than natural causes will be investigated by USACIDC.
Para 3-10 c: When an EPW or RP in US custody dies, the attending medical officer furnish the
camp (or hospital) commander or other officer charged with their custody before death, the
following information: (1) Full name of deceased. (2) ISN of deceased. (3) Date, place, and cause
of death. (4) Statement that death was, or was not, the result of the deceased's own misconduct.
(5) When the cause of death is undetermined, the attending medical officer will make a statement
to that effect. When the cause of death is finally determined, a supplemental report will be made
as soon as possible. e. The attending medical officer and the appropriate camp commander will
complete a DA Form 2669-R (Certificate of Death). DA Form 2669-R will be reproduced locally on
8 1/2 by 11-inch paper. The form is located at the back of this regulation. This form is for the use
of Army only. Enough copies of form will be made out to provide distribution as follows: (1)
Original—information center. (2) Copy—information center (branch), if necessary. (3) Copy—The
Surgeon General. (4) Copy—EPW or. RP personal file. (5) The proper civil authorities responsible
for recording deaths in the particular state if the EPW dies in the United States.
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29. What AARs or lessons learned have you written or received regarding
detainee operations? Can I get a copy? (preferably on disk) (2.1, 2.2)
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30. Are you aware of your requirement to report abuse or suspected abuse of
detainees? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or
accompanying a DoD Component know that they shall report reportable incidents through their
chain of command and that such reports also may also be made through other channels, such as
the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category
1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War
crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions,
and atrocities. B-2. Any other incident the commander determines to be of immediate concern to
HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of
the incident.
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31. Do your subordinates know the reporting procedures if they observe or
become aware of a Detainee being abused? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1,
Military and civilian personnel assigned to or accompanying a DoD Component know that they
shall report reportable incidents through their chain of command and that such reports also may
also be made through other channels, such as the military police, a judge advocate, or an
Inspector General. AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual
or alleged incidents involving the following: b. War crimes, including mistreatment of enemy
prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident
the commander determines to be of immediate concern to HQDA based on the nature, gravity,
potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C
Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following:
g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to
include escape from confinement or custody, disturbances which require the use of force,
wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the
commander determines to be of concern to HQDA based on the nature, gravity, potential for
adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection
policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be
exercised against the Cl. This provision does not constitute a prohibition against the use of
minimum force necessary to effect compliance with measures authorized or directed by these
regulations. (2) In all circumstances, the CI will be treated with respect for their person, their
honor, their family rights, their religious convictions and practices, and their manners and
customs. At all times the CI will be humanely treated and protected against all acts of violence or
threats and insults and public curiosity. In all official cases they will be entitled to a fair and
regular trial as prescribed by this regulation. (3) The CI will be especially protected against all
acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as
rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same
consideration and without adverse distinction based on race, religion, political opinion, sex, or
age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this
regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident
Report. Reporting instructions in AR 190-40 will be used.)
3),C 6
32. What steps would you take if a subordinate reported to you an incident of
alleged Detainee abuse? (1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1
Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War
crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions,
and atrocities. B-2. Any other incident the commander determines to be of immediate concern to
HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of
the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or
alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army
confinement or correctional facilities to include escape from confinement or custody, disturbances
which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths.
C-2. Any other incident that the commander determines to be of concern to HQDA based on the
nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-
8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture
or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition
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against the use of minimum force necessary to effect compliance with measures authorized or
directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their
person, their honor, their family rights, their religious convictions and practices, and their manners
and customs. At all times the CI will be humanely treated and protected against all acts of
violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair
and regular trial as prescribed by this regulation. (3) The CI will be especially protected against
all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such
as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the
same consideration and without adverse distinction based on race, religion, political opinion, sex,
or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of
this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious
Incident Report: Reporting instructions in AR 190-40 will be used.)
Z- v /IA 14 (41
33. Do you feel you can freely report an incident of alleged Detainee abuse
outside Command channels (IG, CID) (1.1, 1.2, 1.6, 4.1) (AR 190-40, Appendix B,
Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva
Conventions, and atrocities. B-2. Any other incident the commander determines to be of
immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or
potential consequences of the incident. AR 190-40, Appendix C. Category 2, Reportable Serious
Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners
or detainees of Army confinement or correctional facilities to include escape from confinement or
custody, disturbances which require the use of force, wounding or serious injury to a prisoner,
and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern
to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences
of the incident. AR 190-8,5-1. General protection policy—civilian internee, a. Treatment. (1) No
form of physical torture or moral coercion will be exercised against the Cl. This provision does not
constitute a prohibition against the use of minimum force necessary to effect compliance with
measures authorized or directed by these regulations. (2) In all circumstances, the CI will be
treated with respect for their person, their honor, their family rights, their religious convictions and .
practices, and their manners and customs. At all times the CI will be humanely treated and
protected against all acts of violence or threats and insults and public curiosity. In all official cases
they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be
especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of
any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The
CI will be treated with the same consideration and without adverse distinction based on race,
religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane
treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC
20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
6-
34.What procedures do you have to report suspected detainee abuse (IG, CID,
Next Level Commander) (1.1, 1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1
Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War
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crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions,
and atrocities. B-2. Any other incident the commander determines to be of immediate concern to
HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of
the incident. AR 190-40, Appendix C, Category 2, Reportable Serious . Incidents, C-1. Actual or
alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army
confinement or correctional facilities to include escape from confinement or custody, disturbances
which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths.
C-2. Any other incident that the commander determines to be of concern to HQDA based on the
nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-
8,5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture
or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition
against the use of minimum force necessary to effect compliance with measures authorized or
directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their
person, their honor, their family rights, their religious convictions and practices, and their manners
and customs. At all times the CI will be humanely treated and protected against all acts of
violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair
and regular trial as prescribed by this regulation. (3) The CI will be especially protected against
all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such
as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the
same consideration and without adverse distinction based on race, religion, political opinion, sex,
or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of
this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious
Incident Report. Reporting instructions in AR 190-40 will be used.)
35.What systems are in place for detainees to report alleged abuse? (1.1, 1:2,
1.6, 4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1)
Appeals. The CI who are interned for imperative security reasons will be accorded the right to
appeal the order directing their internment. Such appeals will be decided with the least possible
delay by a board of officers. Appeals will be decided only on the grounds of the existence or
nonexistence of imperative security reasons requiring the internment of the protected person. 6-
4. Internee Committee a. Election. At each camp and branch camp, CI will be elected by secret
written ballot to the Internee Committee. This committee is empowered to represent the camp - to
the protecting powers, International Committee of the Red Cross, or other authorized relief or aid
organizations and U.S. military authorities. e. Duties. (3) (c) The presentation and transmittal of
petitions and complaints to the appropriate authorities in proportion to the kind of labor performed.
6-9. Complaints and requests to camp commanders and protecting power, a. Persons may make
complaints or requests to the camp commander, who will try to resolve the complaints and
answer the requests. If the CI are not satisfied with the way the commander handles a complaint
or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO - ODL)
NPWIC, WASH DC 20310-0400. b. Persons exercising the right to complain to the protecting
power about their treatment and camp may do so—(1) By mail. (2) In person to the visiting
representatives of the protecting power. (3) Through their Internee Committee. c. Written
complaints to the protecting power will be forwarded promptly through HQDA (DAMO - ODL)
NPWIC, WASH DC 20310-0400. A separate letter with the comments of the camp commander
will be'included. Military endorsements will not be placed on any CI communications. d. If a
protecting power communicates with a CI camp commander about any matter requiring an
answer, the communication and commander's reply will be forwarded to HQDA (DAMO-ODL)
NPWIC, WASH DC 20310-0400, for proper action. e. Any act or allegation of inhumane
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treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC
20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.
r4Lt
36. What do you perceive as the mission of your unit? Describe the importance
of your role in that mission. (Insight to the Soldier's understanding and attitude
concerning unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command
a. The chain of command assists commanders at all levels to achieve their primary function of
accomplishing the unit's assigned mission while caring for personnel and property in their charge.
A simple'and direct chain of command facilitates the transmittal of orders from the highest to the .
lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders
delegate sufficient authority to soldiers in the chain of command to accomplish their assigned
duties, and commanders may hold these soldiers responsible for their actions. TA r pakr tkbt fliqui& )5 u51491- hub /l laNfR 0,1 (Aitsjop-)
1,1,10/1/ gt-rirrk0 t,f c [1144.
37. Describe your working environment and living conditions since being in
Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4,
1.5, 1.6, 1.7) FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level
will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks
and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat
meals and supplements. An improved containerized capability for providing responsive laundry
and shower support well forward on the battlefield must be developed. Frontline soldiers require
brief respites from the rigors associated with combat. A facility complex (Force Provider) will be
available in which they can shower, clean their clothes, eat hot meals, and rest in an
environmentally controlled shelter.
can/A off C,1501
38. Describe the unit command climate and Soldier morale. Has it changed or
evolved since you have been in Theater? (Identifies Soldier's perception of the
chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feet
the Command cares?. Are they getting clear guidance?) 1 AR 600-20 • 13 May 2002 1-5.
Command, b. Elements of command. c. The commander is responsible for establishing
leadership climate of the unit and developing disciplined and cohesive units. This sets the
parameters within which command will be exercised and, therefore, sets the tone for social and
duty relationships within the command. (1) Commanders and other leaders committed to the
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professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers,
the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers'
needs and care for their well-being, and if they demonstrate genuine concern, these leaders build
a positive command climate. (2) Duty is obedient and disciplined performance. Soldiers with a
sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept
responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the
mission rather than feed their self-interest..
(-4N tArk9
39. Are you aware of any incidences of detainee or other abuse in your unit? AR
190-8, 1-5. General protection policy a. U.S. policy, relative.to the treatment of EPW, CI and RP
in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained,
interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be
given humanitarian care and treatment from the moment they fall into the hands of U.S. forces
until final release or repatriation. (2) All persons taken into custody by U.S. forces will be
provided with the protections of the GPW until some other legal status is determined by
competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of
having, committed serious offenses will be administered IAW due process of law and under
legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the
Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not
justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and
punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b.
All prisoners will receive humane treatment without regard to race, nationality, religion, political
opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal
punishMent, mutilation, the taking of hostages, sensory deprivation, collective punishments,
execution without trial by proper authority, and all cruel and degrading treatment. c. All persons
will be respected as human beings. They will be protected against all acts of violence to include
rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of
any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive.
EPW/RP are to pe protected from all threats or acts of violence. d. Photographing, filming, and
video taping of individual EPW, CI and RP for other than internal Internment Facility
administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide
area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the
senior Military Police officer in the Internment Facility commander's chain of command. e. A
neutral state or an international humanitarian organization, such as the ICRC, may be designated
by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are
receiving humane treatment as required by the Geneva Conventions. The text of the Geneva
Convention, its annexes, and any special agreements, will be posted in each camp in the
language of the EPW, CI and RP.
p re
ADVISEMENT OF RIGHTS (For military personnel)
The text of Article 31 provides as follows a. No person subject to this chapter may compel any
person to incriminate himself or to answer any questions the answer to which may tend to
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incriminate him. b. No person subject to this chapter may interrogate or request any statement
from an accused or a person suspected of an offense without first informing him of the nature of _
the accusation and advising him that he does not have to make any statement regarding the
offense of which he is accused or suspected, and that any statement made by him may be used
as evidence against him in a trial by court-martial. c. No person subject to this chapter may
compel any person to make a statement or produce evidence before any military tribunal if the
statement or evidence is not material to the issue and may tend to degrade him. d. No statement
obtained from any person in violation of this article, or through the use of coercion, unlawful
influence, or unlawful inducement, may be received in evidence against him in a trial by courtmartial.
(1.2, 1.6)
I am (grade, if any, and name), a member of the (DAIG). I am part of
a team inspecting detainee operations, this is not a criminal investigation. I
am reading you your rights because of a statement you made causes me to
suspect that you may have committed . (specify
offense, i.e. aggravated assault, assault, murder). Under Article 31, you
have the right to remain silent, that is, say nothing at all. Any statement
you make, oral or written, may be used as evidence against you in a trial by
courts-martial or in other judicial or administrative proceedings. You have
the right to consult a lawyer and to have a lawyer present during this
interview. You have the right to military legal counsel free of charge. In
addition to military counsel, you are entitled to civilian counsel of your own
choosing, at your own expense. You may request a lawyer at any time
during this interview. If you decide to answer questions, you may stop the
questioning at any time. Do you. understand your rights? Do you want a
lawyer? (If the answer is yes, cease all questions at this point). Are you
willing to answer questions?
40. Describe what you understand happened leading up to and during the
incident(s) of abuse. (No applicable standard)
41. Describe Soldier morale, feelings and emotional state prior to and after these
incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude, stress,
retaliation, preemption, family crisis)
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42. Was this incident reported to the chain of command? How, when & what was
done? What would you have done? (Identifies compliance, procedure, timeliness, -
Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) (AR 190-40,
Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving
the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the
Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of
immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or
potential consequences of the incident. AR 190-40, Appendix C Category 2, Reportable Serious
Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners
or detainees of Army confinement or correctional facilities to include escape from confinement or
custody, disturbances which require the use of force, wounding or serious injury to a prisoner,
and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern
to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences
of the incident. AR 190-8,5-1. General protection policy—civilian internee, a. Treatment. (1) No
form of physical torture or moral coercion will be exercised against the Cl. This provision does not
constitute .a prohibition against the use of minimum force necessary to effect compliance with
measures authorized or directed by these regulations. (2) In all circumstances, the CI will be
treated with respect for their person, their honor, their family rights, their religious convictions and
practices, and their manners and customs. At all times the CI will be humanely treated and
protected against all acts of violence or threats and insults and public curiosity. In all official cases
they will be entitled to .a fair and regular trial as prescribed by this regulation. (3) The CI will be
especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of
any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The
CI will be treated with the same consideration and with-out adverse distinction based on race,
religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane
treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC
20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
43. How could the incident have been prevented? (Identifies root cause and
perceived solution) (No applicable standard)
44. Describe any unit training or other programs that you are aware of that teach
leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para
11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and
prevent battle fatigue casualties should also help reduce the incidence of misconduct stress
behaviors. However, additional actions also need to be practiced consistently by leadership at all
echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires
special involvement from direct (small unit) leaders. The responsibility extends up through the
organizational leaders and their staffs (both officers and noncommissioned officers [NC0s]) at all
echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to
control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting
2800
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rik fiPil 9 4 fl-4 IV
chaplains, the medical personnel, and combat stress control/mental health personnel (see
Appendix B for information pertaining to combat stress control units). If any link in the chain of _
responsibility is weak, it is the responsibility of the other members of the chain to strengthen it.
FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's
responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the
noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel;
general, principal, and special staff, asid by specialized Army CSC units and mental health
personnel. ) U.N i T 81.C'irdlq ' C-40-Al c-110 j ti)4Yv DLAIEAA
tAllfiZt• w1r14 A 511ellAha,
45. What measures are in place to boost morale or to relieve stress? (Identifies
perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The
measures which reduce battle fatigue and prevent battle fatigue casualties should also help
reduce the incidence of misconduct stress behaviors. However, additional actions also need to be
practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-
51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The
responsibility extends up through the organizational leaders and their staffs (both officers and
noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk
factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all
receive assistance from the supporting chaplains, the medical personnel, and combat stress
control/mental health personnel (see Appendix B for information pertaining to combat stress
control units). If any link in the chain of responsibility is weak, it is the responsibility of the other
members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control.
Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The
commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support;
the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialize
Army CSC units and mental health personnel. x 0 II& 415
4 .0
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46. What measures could the command enact to improve the morale and
command climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership
and Command at Senior Levels, 21 Jun 1987, p. 6, - "Leadership. The process of influencing
others to accomplish the mission by providing purpose, direction, and motivation." AR 600-100,
Army Leadership, 17 Sep 1993, p. 8, 1987- "Senior-level leadership is the art of direct and
indirect influence and the skill of creating the conditions for sustained organizational success to
achieve the desired result. But, above all, it is the art of taking a vision of what must be done,
communicating it in a way that the intent is clearly understood, and then being tough enough to
ensure its execution." ,&1-111161. Sol, 616 114 Q 1A,1 r f lie OA_
18 DAM
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