Army Detainee Operations Report: DOD Questionnaire of Sergeant First Class re: Detainee Operations

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An Army questionnaire, including thirty-seven questions, given to a Sergeant First Class regarding soldier training, soldier morale and the treatment of detainees. The handwritten responses are mostly illegible or redacted.

Doc_type: 
Interview
Doc_date: 
Monday, March 29, 2004
Doc_rel_date: 
Monday, September 19, 2005
Doc_text: 

A ;
NCOIC
GUARD FORCE
COLLECTION POINT& INTERNMENT FACILITY

INTERVIEW QUESTIONS z • DateIR PlA it/t1
RanIP-C' Branch-' State/Com onent k How Long in Jo1;1Thkec ,
Unit 2,-52g ak-141--Du-"on­Interviewer Wria(s)

161-7-
How did you prepare yourself and your Soldiers to become familiar with and
1.
understand the applicable regulations, OPORD/FRAGOi directives, international
I/R facility or Collection Point?
laws and administrative procedures to operate an
(9./, /.2, 1.4, /.6, 4.9) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated s 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. )
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."

Did you and all of your Soldiers undergo Law of War training prior to
2.
deployment? Explain what training occurred. What is your plan to train new
Soldiers (replacements) to the unit? Did this training include the treatment of
(AR 350-1 para 4-14c.(2) and table G-1 Refresher

(1./, 1.2, 1.4, 4.-1)
Detainees? Explain.
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 unft. 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 hostiages, sensory deprivation,

collective punishments, execution without trial by proper authority, and all cruel and degradingr
treatment Prisoners will be protected against all acts of violence to indude 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 prindples and rules of law 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.)

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VVhat policies/procedures does your Unit have in place to support the U..S. policy
3. relative to the humane treatment ofDetainees? (1.1, 1.2, 4.1) AR 190-8, paragraph 1-5
Forces c.ustody during
a-g, (All persons detained, captured, intemed, or otherwise held in U S Armed
1
DAM
DOD-024920
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.)
t
Does your nit-e a formal training program-car and control
(For Permanent Internment Facilities
De nees? Describe what it includes. 1 1.2, 1.4) (FM 3-19.40, para 2-48. Personnel assigned or attached to UR facilities are

only)
re and control of housed personnel. They are fully cognizant of the provisions of thetrained on t­
nventions and applicable regulations as they apply to the treatment of housed
Geneva and U­
'ng program should include—* Principles and laws of land warfare,
personnel. A formal­specifically provisions of neva and UN Conventions and HN laws and customs. * Supervisory and human relations techniques. * Methods of self-defense. *The use of force, the ROE, and the ROI. ation. *Public relations, particularly CONUS operations..*First
*Fireanms qualification and famili­aid. *Stress management techniques. acility regulations and SOPs. *Intelligence and counterintelligence techniques. *Cultural stoms and habits of internees. "The basic language of e should receive additional training in— *Riot control
internees. FM 3-19.40 pare 2-49. The guard ­measures, control agents, and dispersers. *QRF ions. *Searching techniques, including the use of electronic detection devices. *Nonlethal equipmen d weapons.
5. INhat training did your unit receive on the established Rules of Engagement How often does this occur? Does this training include Rules of Interaction
(ROE)? (ROO? (1.4, 4.1) ((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 law 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.) 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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6. VVhat procedures do you have in place to ensure Soldiers understand the use of force and rules of engagement for the interment facility/collection point? What
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2526

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guidance or policies do you have to ensure fraternization is not taking place between
U.S military personnel and the detainees? (1.1, 1.2, 1.4,1.6, 4.1) AR 190-8, paragraph.3-6 a, The following acts will not be permitted: (1) Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Aimed Forces personnel and EWP/RP (FM 3-19.40, paragraph 2-29, An MP commander ensures that 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 and with these ROE.).
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7. Describe the training the guard force received to prepare them for their duties
(5Ss & T)) How does your unit conduct sustainment training for Detainee Operations
in Theater? How often does this occur and please describe it? VVhen did your unit

last conduct this training? (1.1, 1.2, 1.4, 4.1) (FM 349.40, para 2-48. Personnel assigned or
attached to I/R fadlities 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 indude--* Principles
and laws of land warfare, specifically provisions of Geneva and UN Conventions and HN laws and
customs. *- Supervisory and human relations techniques. * Methods of self-defense. *The use of
force, the ROE, and the ROI. *Firearms qualification and familiarization. *Public relations,
pariicularly CONUS operations. *First aid. *Stress management techniques. *Facility regulations and


SOPs. *Intelligence and counterintelligence techniques. *Cultural customs and habits of internees.
*The basic language of intemees. 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.
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.

VVhat Home Station/Mob Site Training did your unit conduct prior to deployment
to help your unit prepare for Detainee Operations? Describe it. How did the training
prepare you to conduct Detainee Operations for this deployment? What are your
ynit's strengths and weaknesses? How did this training distinguish between the

(1.1, 1.2, 1.4, 4.1) (AR
different categories of Detainees (EPWs, RPs, Cls, etc.)?
i para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B training is

350­
conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the
2527 3 ­
DA IG
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, . • es, sensory deprivation, collective punishments, execution without trial by
mutilation, taking ofr
proper authority, and all crue ; • degrading treatment. Prisoners will be protected against all ads of violence to include public curiosity.
al School
9. Describe the training you received during your last Military lnstit r(BNCOC/ANCOC) in 'handling/processing Detainees. How was it helpful in preparing you for Detainee Operations? How would you improve the training at the
schoolhouse? (1.1, 1.4)
10.VVhat are some of the basic operations of the collection pointrifiternment-facilitY?
Is there a copy of the Geneva Convention posted in the detainee's home language within these camps? Are camps segregating Detainees by nationality, language, rank, and sex? How are captured Medical personnel and Chaplains being used in the camps? What provisions are in place for the reteipt and distribution of Detainee correspondence/mail? 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 camp sanitary enough to ensure a clean and healthy environment free from disease and epidemics? Is there an
infirmary located within the camp? (/./, 1.2, 4.1) AR 190-8, paragraph 1-5 a-g, (All persons detained, captured, intemed, or otherwise held in U S Arrned Forces custody during the course of conflict will be given humanitarian care and tmatment 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 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 foreac.h sex. (4) All CI will have at their disposal, day and night, latrine facilities conforming to sanitary rules of the Army.
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11.VVhat control measures are your unit usin o ma taih discipline and security in the collection point/internment facility? (1.1, 1.2, 1.6, 4.1) 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; Fratemization between EPW, RP and U.S. mifitary or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EPW/RP. Donating or 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. Puilishment will not be adMinistered by EPW/RP.)
12.\Nhat procedures are in place to account for and dispose of captured enemy*
supplies and equipment? VVhat procedures are in place to process personnel,
equipment, and evidence?(/. 1, 1.2, 4.1)) AR 190-8, para 2-1, a. (1) (b) (c), 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.)
:13. VVhat is your ratio of guards to detainees in your collection point/internment°
• —facttitr? 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) FM 3-19.40, paragraphs 3-38 thru 3-39. . A brigade
yvithout an MP platoon in DS sets up and operates its own forward CPs The number of MP teams
needed to operate a forward CP is based on the number of captives expected and METT-TC. The
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projected number of captives is based on mission analysis and intelligence estimates conducted by the brigade Intelligence Officer (US Amy) (S2). Division forward CPs are mobile; they can be set up, expanded, and relocated quickly as the tactical situation warrants. AR 190-47,paragrPah 11-3(4)(a), 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, milftary police or sec.urity personnel: Under maximum custody ­Circumstances, there will be one guard. per restrained prisoner and two unarrned 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 guan:I per ten prisoners. Trustee
guards will be determined by the AGS facility commander.
(b) Non-correctional personnel: tt is required that at least one guard be a SGT or above who is equal
or senior to prisoners in a pretrial status:Under mmdmum custody circumstances, prisoners will have two guards per prisoner_ In medium custody

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14. How are you organized to handle the different categories of personnel (EPW, CI,
OD, females, juveniles and refugees)? Do you maintain a.separate site for sick or
wounded Detainees? If so where is it and how does your unit maintain the security

(1.1, 1.2, 1.3, 2.1, 3.1) Fm 3-19.40, paragraph 2-
and safeguarding of Detainees there?
1, An MP battalion commander tasked with operating an UR facility is also the facility commander. As
such, he is responsible for the safety and well-being of all personnel housed within the facility. Since
an MP unit rnay be tasked to handle different categories if personnel (EPW, CI, OD refuges, and US
military prisoner), the commander, the cadre, and support personnel must be aware of the
requirements for each category.
15.VVhat is the number. of personnel needed to escort prisoners internally and
extemally? (i.e. for medical, evacuation, etc.)? (1./, 1.7), (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. ) AR 190-47,paragrpah 11-3(4)(a), Guard requirements
for prisoners being transported outside an ACS facility, by means of foot, motor vehicle, or aircraft

(other than A1REVAC or U.S. Marshals Service aircraft) are as follows:
• (a) Trained correctional, military police or security personnel: Under maximum custody . circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under mediurn 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
uards per prisoner. In medium custody

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16. What are the procedures for transporting and evacuating detainees? VVhat are the procedures for transferring betainees from the collection points to US Military
controlled detention facilities? How is the transfer of Detainees handled between different services? (1.1,1.2, 4.1) AR 190-8, paragraph 3-11 (General. d. Transfer within the territory of the detaining power will always be carried out humanely and in conditions no less favorable than those enjoyed by the troops of the detaining Power during their movements. If
EPW/RP are transferred on foot, only those who are
fit to walk may be so transferred. The EPW/RP will not be expoSed to excessive fatigue during--
transfer by foot.r
The sick, wounded, or infirrn EPW and RP as well as maternity cases will be evacuated through
e.
U.S.
military Medical channels and will remain in medical channels until they are certified "fit for norrnal internment" by competent medical authorities.

f.
Necessary clothing, adeiluate shelter, and medical attention will be made available. Suitable precautions will be taken to prevent EPW and FtP, from escaping and to ensirre their

g.
safety. Wounded and sick EPW and RP will not be transferred as.long as their recovery may be
endangered by the joumey, unless their safety demands it.
17..What re the procedures for the transfer of custody of Detainees from the collection points/intemment facility to Military Intelligence/OGA personnel? When the detainee is returned to the guard force, what procedures occur with the detainee?
(in processing, medical screening, suicide watch, observation report DD Form 2713?, etc) (1.1, 1.2, 4.1) FM 3-19.40 para 3-14. Property Ac,countability. *Have MI sign for
property on DA Form 4137 and for captives on DD Form 2708. *Return confiscated property to r-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 intemment. *Maintain controlled access to confiscated and impounded property
.
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18. What MP units (guards, escort, detachments) do you have at your disposal to operate and maintain this collection point/intemment facility? What non-MP units
If you do not
are you using to help operate this collection point/intemment facility?
use MP teams, what forces are required to operate the Collection Point (guard,
security etc)? Dp you have.any shortfalls in performing the Collection Point mission?
How does this affect your doctrinal mission? How long are you holding Detainees at
the collection point? Is holding the detainees longer than the 12/24 hours impacting

41,
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DA IG
on your units' ability to perform its mission? VVhy? (/./, /.Z /.3) FM 3-19A0, paragraph
3-45, Captives should not remain at a forward CP more than 12 hours before being escorted to the central CP. Fm 3-19.40, paragraph 3-54. Captives should not remain at the central CP more than 24 hours before being evacuated to the CHA. When all captives are accounted for, processed, and
ready for evacuation to the CHA,

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19.Describe how this unit is able to maintain the security and safeguarding of
Detainees at this interment facility/collection point Describe your security

• requirements. (VVhat are your clear zones? How do your Guard Towers permit an unobstructed view of the clear zone and how do they allow for overlapping fields of
fire? Describe your perimeter security. (1.1, 1.2, 1.8, 2.1) FM 3-19.40, -paragraph 2-1, An .-asked with operating an I/R facility is also the facility commander. As such,
IVIP battalion comm n nd well being of all personnel housed within the facility. Since an MP
he is responsible for the s e­unit may be tasked to handle differ categories if personnel (EPW, CI, OD refuges, and US military prisoner), the commander, the cadre, an port personnel must be aware of the requirements for each category.
20.How do:you maintain a high state of discipline with your Soldiers to enhance the internal anci external security of the internment facility/Collection Point? (1.1,1.2, 1.6) FM 3-19.40, paragraph 2-19, The MP commander establishes security measures that effedively 'The physical construction of the facility and
control housed personnel with minimal use of force ­the presence of guard personnel create the most obvious means of providing intemal and wdemal 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.
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21. Does this facility include Sally Potts? Describe the system in place. (1.8, 4.1)
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22.What do you have in place for communications (between guards/towers and the TOC/C2)? VVhat problems do you have? How do you overcome them? (/.1, 1.2,
1.5, 1.8)

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23. 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-12/24 hours is
the standard)? PA, 1.2, /.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.
a
24.
How do the Detainees receive fresh water (Bottled water or Lister bag)? (/. 1, 1.Z
/.8)) AR 190-8, paragraph 3-4 f(3) Sufficient drinking water will be supplies to EPW/RP.

25.
Can you give some examples of contraband? VVhat are the procedures when
you find contraband?? (i.e.., Knives, Narcotics, weapons, currency) AR '190-8 and

local SOP.
14.
26. Describe your lighting systems at the Facility/Collection Point (how does it affect
security) . How about heating during the winter? VVhat fire prevention/safety
measures are in place? (/.8) AR 190-8, paragraph 3-4 e, EPW/RP will be quartered under

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DOD-024928
.
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 heafth. The forgoing 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 fumished 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 bumed 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 EP1/V/RP will be setup
and administered in each camp. AR 190-8 para 3-17(a) A safety program for CI will established n

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mander processed?
27. How are Detainee complaints and requests to the ca
AR 190-8, paragraph 3-16 (EPW and RP have the right to make complaints and -
OA 1.2, 4.1)
requests to camp commanders and the ICRC/protecting powers regarding the conditions of their intemment. EPW and RP may not be punished for making complaints, even if those complaints later prove unfounded. Complaints will be received in confidence, as they might endanger the safety of
segregation, will be taken to protect detainees when
other detainees. Appropriate action, induding
a result of a trial.
necessary. This policy also applies to persons who are confined pending trial or as
b. EPW and RP may take complaints or requests to the camp commander.
c . Persons exercising the right to complain to the ICRC or protecting power about their treatment and
caMp may do so:
(1) By mail.
( 2 ) In person to the visaing representatives of the ICRC or protecting power..
(3) Through their detainee representative.
Written complaints to the protecting power will be forwarded promptly through HQDA, ODCSOPS
O.
(DAMO-ODL) NPWIC. A separate letter with the camp commander's comMents will be induded.
Military .endorsements will not be placed on a detainee's communication. If an ICRC/protecting power communicates directly with an EPW/CI camp commander about any
e.matter requiring an answer, the communication and commander's reply will be forwarded to HQDA,
ODCSOPS (DAMO-ODL) NPWIC, for proper action.Any act or allegation of inhumane treatment will be investigated and, if substantiated, reported to
f. copy of the SIR ,
HQDA as a Serious Incident Report (SIR) per AR 190-40. Once completed, a accompanies the prisoner to the EPW/C1 camp, and a copy is furnished to the monitoring Branch PWIC. All available pertinent information that the EPW or RP is willing to give, will be entered on the
form.)

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28.What are your shortcomings/problems in feeding the population? What is the menu of the population? (1.1, 1.2, 1.8, 4.1) (FM 3-19.40, paragraph 6-14. If dining facilities
don't exist, then Detainees are to be fed MREs.)
29.What problems, if any, do you feel the unit has regarding manning or personnel . resourcing in conducting Detention Operations? What about the number of .
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personnel to control the detention operation in regards to riot control?
3-19.4 Chapter 7 Para 7.8, The number of MP needed to operate a division foiward collecting point is ased on the number and rate of captives expected and the METT-TC.) •
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30.What personal equipment is the unit experiencing as a shortfall concerning
(1.5)
detainee operations, (i.e., restraints, uniforms, CIF items, weapons, etc.)?

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31.What types of supplies is greater in-demand for the unit during detainee
operations? And are these items regularly filled? VVhat major-shortfalls has the unit

(1.5)
encountered in regard to materiel and supply distribution?
82.VVhat transportation problems is the unit experiencing to move detainees during
the operation? (1.5)
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DA IG
ety programs/policies are currently being used in the Detainee camps?
33. a­
A- • 8, paragraph 3-17 (A safety program for EPW and RP will be set up. and
(/.1, 1.2, 4.1) •• • . Army regulations, circulars, and pamphlets in the 385-series may

-
,administered in each EP
be used as guides for establishin • : • EPW and RP safety program. Accident injury forms used in the
EPW and RP safety programs will be • • ared , administered , and maintained separately from

• those prepared for other persons included un the Army Safety Program.) AR 190-8 para 3-17(a) AIAW AR 385-10.
safety program for CI will established and administe ­
(Psychiatrist,
34. Do you know of the procedures to get stress counseling
Do your Soldiers know of the procedures to get counseling
Chaplain, Medical)?
(Psychiatrist, Chaplain, Medical)? (1.1, 1.2, 1.6, 2./, 4./) FM 3-19.40, paragraph 2-48:

Care and control of housed
Personnel assigned or attached to I/R facilities are trained on the
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 forrnal training program should include stress management techniques. FM 8-51, Appendix D, D-2 f (3): Combat stress control units should provide routine mental health consultation to EPW confinement facilities. This should include: stress control advide to the command regarding the stressors of US Army MP-• personnel and any allied or coalition persorinel working at the confinement facility; individual evaluation and intervention for guards or prisoners when indic,ated. AR 1.90-8, 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 intemational law
a d the Uniform Code of Military Justice (UCMJ).
,. 1
#. A
r, 1 a

dh-lidismiusid-4 imMaalroWilinv
-....-ar i
i
4;siwywisr oi....
dir=,..iiiii
abuse of

35.Are you awartf your requirement to report abuse or suspected
AR 190-40 para 2-1, Military and civilian personnel assigned to
detainees? (1.1, 1.2, 1.6, 4.1)
or ac,companying 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
b. War crimes, Reportable Serious incidents, B-1. Actual or alleged incidents involving the following: including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and
atrocities. E3-2. Any other incident the commander determines to be of immediate.concem to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.
2536
12 ­
DA IG
36. 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 c,ommand 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
b. War crimes, including mistreatment of enemy prisoners of war, violations of
involving the following:
the Geneva Conventions, and atrocities. I3-2. Any other incident the commander determines to be of immediate concem 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–
Incidents involving prisoners or detainees of
. 1. Actual or alleged incidents involving the following: g. Army confinement or correctional facilities to indude 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 concem 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 effed 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 fon 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 be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident
regulation \NM
Report. Reporting instructions in AR 190-40 will be used.)

37.What steps would you take if a subordinate reported to you an incident of alleged •
(AR 190-40, Appendix B, Category 1 Reportable Serious

Detainee abuse? (1.2, 1.6, 4.1)
b. War c,rimes, indudingIncidents, B-1. Actual or alleged incidents involving the following:
mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2.
Any other inddent the commander determines to be of immediate concem 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 Arrny 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 concem 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 intemee,

p. Treatrnent. (1) No. forrn 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 circurnstances, the
ci will be treated with respect for their person, their honor, their family rights, their religious

ponvictions 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

2537!
13
DA IG
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 ReporL Reporting instructions in AR 190-40 will be used.)
38. Do you feel you can freely report an incident of alleged Detainee abuse outside
(AR 190-40, Appendix B, Category 1
Command Channels (IG, CID) (1.1, 1.2, 1.6, 4.1) b. War crimes, •
Reportable Serious Incidents, I3-1. Actual or alleged incidents involving the following: 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, Appendbc C. Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents
Incidents involving prisoners or detainees of Army confinement orinvolving the following: g.
correctional facilities to indude 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 deterrnines to be of concem 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 intemee, 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 direded by these
regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor,
their family rights, their religjous convictions and practices, and their manners and customs. At all
times the CI will be humanely treated and protected against all ads 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
39.VVhat 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
b. War crimes, including
Serious Incidents, 13-1. Actual or alleged incidents involving the following:
mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2.

Any other incident the comthander determines to be of immediate concem to HQDA based on the
rjature,. 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

of Army confinement or correctional facilities to
following: g. Incidents involving prisoners or detainees
2538 !
14
DA IG
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 concem 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 intemee,
a. Treatment. (1) No forrn 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 orellegation 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.)
40.VVhat systems are in place for detainees to report alleged abuse? (1.1, 1.2, 1.6, 4.1) AR 190-8, pare 5-1, g. Appeals and periodic review of security intemment 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
;amp commander, who will try to resolve the complaints and answer the requests. tf the CI are not
satisfied with the way the commander handles a complaint or request, they may submit it in writing,
b. Persons
through channels, to HQDA, ODCSOPS (DAMO - ODL) NPW1C, WASH DC 20310-0400.
exercising the right to cornplain 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 induded. Military endorsements will not be placed on any CI
d. If a protecting power communicates with a CI camp commander about any;ommunications.
matter requiring an answer, the communication and commander's reply will be forwarded to HQDA
e. Any act or allegation of
(DAMO-Olit.) NPWIC, WASH DC 20310-0400, for proper action.
inhumane treatment or other violations of this regulation will be reporied to HQDA (DAMO-ODL),
WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be
used.
—E-f\-iit-LY) Left-trt
2539
15
DA IG
DOD-024934
41. What do you perceive as the mission of your unit? Describe the importance of (Insight to the Soldier's understanding and attitude conceming
your role in that mission.
chain of
unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command a. The
,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 suffident
authority to soldiers in the chain of command to accomplish their assigned duties, and commanders
may hold these soldiers responsible for their actions.

mkreAs--tvu r
,
42. Describe your noticing 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 foPNard
, 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 dothes, eat hot meals, and rest in an environmentally controlled shelter.
()k
43. Describe the unit command climate and Soldier morale. Has it changed or (Identifies Soldier's perception of the chain of
evolved since you have been in Theater?
command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel 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 professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they eam tbe loyalty of their soldiers-If leaders consider their soldiers' needs and care for their well-being, and
if they demonstrate genuine concem, these leaders build a positive command climate. (2) Duty is
obedient and disciplined perforrnance. 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.
2540 !
16­
DA IG
urituarwor."-
dr-I
420111W Wi
ir/4r lw­

44. 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, intemed, 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 Of

(2) All persons taken into custody by U.S. forces will be provided with the protections of
repatriation.
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
b. All prisoners will receive humane treatrnent without regard to
pode of Military Justice (UCMJ).
race, nationality, religion, political opinion, sex, or other criteria. The following acis 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 indude 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 be protected from all threats or acts of violence. d. Photographing,
filming, and video taping of individual EPW, CI and RP for other than intemal 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 !CRC, may be designated by the U.S.
Govemment 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.


o.
,
ADVISEMENT OF RIGHTS (For military personnel)
The text of Artide 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 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
as evidence against him in

pccused or suspected, and that any statement made by him may be used
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

2541 17
DA IG
DOD-024936
this article, or through the use of coercion, unlawful influence, or unlawful inducement, may be
(1.2, 1.6)
received in evidence against him in a trial by court-martial.
(grade, if any, and name), a member of the (DAIG). I am part of a
I am
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

. (specify offense,suspect that you may have committed
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?
Describe what you understand happened leading up to and during the incident(s)
45.
9f abuse. (No applicable standard) r
Describe Soldier morale, feelings and emotional state prior to and after these
46.
(Identifies unit and Soldier morale, atmosphere, mood, attitude, stress, retaliation,
incidents?
•­
-
preemption, family crisis)
47. Was this incident reported to the chain of command? How, when & what was
(Identifies compliance, procedure, timeliness, Soldier
done? What would you have done?
(AR 190-40, Appendix B,
(1.2, 1.6)
perception of action taken and effect on unit morale.) b.
Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following:
VVar 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 concem to
HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the
incident Alt 190-40, Appendbc 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 indude escape from confinement or cus-tody, disturbances which require the
use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other

2542
18
DA IG
DOD-024937
incident that the commander determines to be of concem 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 intemee, a. Treatrnent. (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.)
(Identifies root cause and perceived
48. How could the incident have been prevented?
solution) (No applicable standard)­
Describe any unit training or other programs that you are aware of that teach
49. FM 22-51, pare 11-5.
leaders and Soldiers how to recognize and resolve combat stress.
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
staffs (both officers and noncommissioned officers [NCO* at all echelons. Appendix A
their
describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs,
personnel,
and individual soldiers all receive assistance from the supporting chaplains, the medical
and combat stress controUmental 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 commandees 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 specialized Army
-
CSC units and mental health personnel. )
25 43
r
19 DA IG

50.
What measures are in place to boost morale or to relieve stress? (Identities
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, pare 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 specialized Army CSC units and mental health personnel.

51.
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 ; r• 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 I clearly understood, and then being tough enough to ensure its execution." r
2544
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DOD-024939

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