Army Memo: Appointment of Investigating Officer

This memo discusses an official's appointment to Investigating Officer for the purpose of conducting a formal investigation, pursuant to Army Regulation 15-6, into the circumstances surrounding the release of a civilian detainee from the Warhorse detention facility. The investigation seeks intel on what happened to the detainee after he was released to the custody a 588th Engineer Battalion member between November 22, 2003 and November 24, 2003.

Doc_type: 
Non-legal Memo
Doc_date: 
Tuesday, November 25, 2003
Doc_rel_date: 
Monday, January 1, 2007
Doc_text: 

DEPARTMENT OF THE ARMY
2D:BRIGADE. 4 1-'1 INFANTRY DIVISON (MECHANIZED)
BAQUBAH AIRFIELD, IRAQ

AFYB-AR-CDR 25 November 2003
MEMORANDUM FOR MAJ Headquarters and Headquarters Company, 2d Brigade. jth Infantry Division (Mechanized), Fort Hood, Texas 76544
SUBJECT: Appointment of Investigating Officer
1.
You are hereby appointed as an investigating officer to conduct a formal investigation pursuant to AR 15-6 (Procedures for Investigating Officers and Boards of Officers) on the circumstances surrounding the release of civilian detainee from the Warhorse detention facility to the custody of 588 th Engineer Battalion between 22 November 2003 and 24 November 2003. Your investigation will include but not be limited to answering the following questions:

2.
All witness statements will be sworn and recorded on DA Form 2823 if possible and you will obtain Privacy Act Statements from all witnesses who complete a written statement. If, in the a course of your investigation, you come to suspect that an individual may be criminally responsible, you will advise that individual of their rights under Article 31, UCMJ, or the Fifth Amendment as appropriate. Use the DA Form 3881 to advise soldier of rights.

3.
Legal advice and assistance must be obtained from the Office of the Staff Judge Advocate

a. What if any possible offenses occurred which violated the Uniform Code of Military
Justice?
b. Which individuals questioned the civilian detainee during that period of time?
c. Who acted as an interpreter?
d. Which leaders from the unit were present?
e. Which leaders knew why he was taken out and questioned?
f. What was the medical condition of the detainee once he left the detention center and
following return?
g. Who had knowledge of his medical condition when he left the detention center and
when he returned?

before you take any action on this matter. Consult with your legal advisor (CPT HHC, 2d BCT) prior to your investigation. You will familiarize yourself with the provisions of AR 15-6 and the Guide for Informal 15-6 Investigations.
4. Your report. together with all evidence marked as exhibits, will be submitted to me on DA Form 1574 no later than 2000 hours on 2 December 2003. Submit any requests for delay to me
DOD FINALL 234

DOD 57821

AFYB-AR-CDR :
SUBJECI.,. Appointn-tent of Investigating Officer

either orally or in writing. You will obtain a written legal review prior to submitting the
completed investigation.

COL, AR Commanding
DOD FINAL 235
DOD 57822

Doc_nid: 
7120
Doc_type_num: 
63