Army Memo re: Appointment of Investigating Officer for AR 15-6 Investigation (0397-04-CID023-67282)

This is the appointment of an Officer for an informal AR 15-6 investigation to accusations of detainee abuse in Baghdad, Iraq between April 1-30, 2003 by the 2nd Battalion, 325TH Airborne Infantry Regiment. The investigation found that the soldiers followed proper Rules of Engagement (ROE). Detainees were being non-compliant by yelling and attempting to stand up. Soldier first instructed them to be quiet in English and Arabic, and then pushed a detainee back into his sitting position when he attempted to stand.

Doc_type: 
Non-legal Memo
Doc_date: 
Tuesday, June 8, 2004
Doc_rel_date: 
Sunday, May 15, 2005
Doc_text: 

()3
039 j

04-C I 0023 67282
DEPARTMENT OF THE ARMY
HEADQUARTERS, 2D BATTALION
325TH AIRBORNE INFANTRY REGIMENT
FORT BRA G, NORTH CAROLINA 28307-5100

AFVC-BB-S2
8 AIN 04
MEMORANDUM FOR RECORD
SUBJECT: Appointment as Investigating Officer
1_ On 4 Jun 04, I was appointed to conduct an informal investigation into the alleged detainee abuse by in Baghdad Iraq between 1-30 April -2003. The appointment was delivered ora the battalion on behalf of appointing authority and commanding o icer for 2-325 AIR
2. POC is the undersigned at so)
LAW ENFORCEMENT SENSITIVE rni4 rIFFICIAL USE ONLY
(. Lsi)
03( 4 — I 002( 67282

DEPARTMENT OF THE ARMY
HEADQUARTERS, 2D BATTALION
325T11 AIRBORNE INFANTRY REGIMENT
FORT BRAGG, NORTH CAROLINA 28307-5100

AFVC-BB-S2 8 JUN 04
MEMORANDUM FOR RECORD
SUBJECT: Exhibit Index
1. The following exhibits are enclosed as part of the 15-6 Informal Investigation of detainee abuse. They are listed in the order in which they are submitted in evidence
A. Sworn Statement by 11111111111111111111111explaining his actions while guarding detainees during a platoon operation in Baghdad.
B. Sworn Statement byt iexplaininghis actions and the platoons while searching a warehouse during a platoon operation in Baghdad.
C. Sworn Statementt explaining his actions while guarding detainees during a platoon operation in Baghdad.
D. Sworn Statement by explaining his actions and the platoons while searching a warehouse ming a platoon operation in Baghdad.
E. CID Report of Investigation identifying as the jnvestigating agent.
/
2. POC is the undersigned att.

G03399 •

(19)
LAW ENFORCEMENT SENSITIVE

FOR OFF;O:AL USE ONLY

EXHIBIT
. bLb(i,)/ b /7)(c.6(3) 7-04—C10023
6728
SECTION IV - FINDINGS (para 3-10. AR 1 -6) The (investigating officer) (board havint evidence, finds: b S _The alleged detainee abuse by t in Baghdad, Iraq between May, Jun 2003 was brought t i .. t e attention of„ -
this command through an Inspector General (IG) sensing session. During the IG sensing session SFCsergeant during May - Jun 2003, was asked if he had ever seen a detainee hit by a soldier. tsaid t eha seientataTln
e12(‘4--57
t b a soldier. The 1G further asked why had he ( reported it.tted that he and the latooti learedewed
vrie(11111
conducted an AAR of the mission, including t,shoving of the detainee. andthe 5Ws of EPWs and the CJTF-7 ROE (shout shove , warningt
, shoot) and concluded that PFCtad acted properly according-'' / "4.-
to the ROE. During this investigation I conducted concurrent (sepacateroomsripterviews'with the individuals involved with the CID PI/investigator. I also used the same sworn statements given to the CID iuyegtilator since I was right there when they were being written. t4
+eV ,
During a platoon "search for possible cache" mission in Baghdad, Iraq tetwte0 inn - Jul 2003, allilleandtwere tasked to
guard 4-5 detainees at the beginning of the mission as the remainder of the plagont'ontinued clearing the ware use (see exhibits A-D).;14/-
The 4-5 detainees were flex cuffed and either put on their t
set on the ground., .According to all sworn statements (see exhibitsA,B,C,D) and interviews conducted by me andt ,tinvestigator assigned to this case, (see Exhibit E) the detaineef-V-',
were resisting detention by yelling at the soldiers and being uncooperative by not being still (see exhibits A-D). Because the detainees
I
were yelling and being so loud, the platoon leader told the guards to keep the detainees quiet in order to allow him to be a:.ta-communicate with the other elements still clearing the warehouse and for the safety of the platoon (see exhibit A and B). t
the detainees to be quiet in Arabic and English several times but they continued to yell at the soldiers. One of the detaine told attand told him to be quiet in Arabic and then spit on his boots and then attempted to get off his knees and standiipprotected himself by taking his right hand and shoving the detainee on his head pushing him back down on his knees (see,exhibit and C). After PFC prevented the detainee from standing up all the detainees quieted down and did not resist detention again.
Even with the language bather the detainees probably understood enough about the situation to know that they should cooperate and bequiet until the military leader, with assistance from the translator, was ready to hear their story and sort out the situation. The platooncompleted the mission and found no weapons cache or any other reason to continue to hold the detainees (see exhibit B). The detainees
were guards of the warehouse so they had their weapon(s) returned and were released.
After reviewing all doents, conducting interviews, and personal experie e with handling detainees as the senior intelligence o fin &*eirolion, acted properly by following the ROE. felt threatened and thus followed the ROE by first shoat the detaineettHae,quiet and not to stand up, then shoving the detainee back down on his knees in order to control the situation and
protect himself, other soldiers, and the detainees.
SECTION V - RECOMMENDATIONS (para 3-11, AR 15-6) n view of the above findin board recommends: lecommend the
-, t-seLlore) c 95_5 b(5)—/2(0Lc e-vr,revt"dek_71-720.v.
0 0 LS
0
LAW ENFORCEMENT SENSITIVE
r- es. e-a r rt e-t P t Itr_-2%I 1 `../ I £XHIRIT 1 722
SECTION VI - AUTHENTICATION (para 3-17, AR 15-6)
CHB REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE. (If any voting member or the recorder fails to sign here or in Section VII 'elow. indicate the reason in the space where his signature should appear.)
(Recorder) nvestigating Officer) (President) 4e11110
(Member) (Member)
(Member) Wernher)
SECTION VII - MINORITY REPORT (para 3-13. AR 15-6)
o the extent. indicated in Inclosure t, the undersigned do(es) not concur in the findings and recommendations of the board.
in the inclosure, identify by number each finding and/or recommendation in which the dissenting member(s) do(es) not concur. State the easons for disagreement Additional/substitztot,firldings and/or recommendations may be included in the inclosure.)
(Member) (Member)
SECT/ON VIII - ACTION BY APPOINTING AUTHORITY (para 2-3, AR 15-6)
he findings and recommendations of the (investigating officer) (board) are (approved) (disapproved) (approved with following ecceptions/
ubstitutions). (If the appointing authority returns the proceedOgs to the investigating officer or board for further proceedings or
orrective action, attach that correspondence (or a summary,:-If oral) as a numbered inclosure.)

r1" 401

LAW ENFORCEMENT SEN WE


-2-G (4
REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER/BOARD OF OFFICERS
For use of this form, see AR 15-6: the proponent agency is OTJAG.
IFMORE SPACE IS REQUIRED IN FilLiNG OUT ANY PORTION OFTHIS FORM, ATTACH ADDITIONAL SHEETS
SECTION I - APPOINTMENT
Appointed by 1111111111111111111111111111111MMIMIP

.t.
ppourang authority)
ont4 JUNE 04t
(Attach inclosure 1: •errer of appointment or summary of oral appointment data.) (See para 3-15, AR 15-6.)
(Date)
SECTION 11 - SESSIONS The (nvestigation) (board) commenced attHHC, 2-325th AIR, 82d ABN DIV, FT BRAGG, NC 28310tatt0900
(Place)
• (Tune)
oat7 JUNE 04t
(I(.fa formal board met fi,r more than one session, check .here..
pare) . Inc5cate in an inclasure the time each session began anti — ended, the place, persons present and absent, and explanation of absences, V any.) The following persons
(members, respondents, counsel) were
esent:tr each oat .

indicate capacity, e.g., President, Recorder, Member, Legal Advisor.)
-
INVESTIGATING OFFICER
The following persons (members, respondents, counsel) were absent: (Include brief explanation of each absence.) (See paras 5 -2 and 5-8a, AR 15-6)
NOT APPLICABLE

The (investigating officer) (board) fmished gathering/hearing evidence att 1600t
oa 9 JUNE 04 (Tune).
(Date)
and completed findings and recommendations at t_t 1200t
ont10 JUNE 04
(lime).
(Date)
SECTION III - CHECKLIST FOR PROCEEDINGS

A. COMPLETE IN ALL . CASES YES NOy NA7-/
Inclosures •(para 3-15, AR 15-6)
Are the following inclosed and numbered consecutively with Roman numerals:

(Attached in order listed)
a.
The letter of appointment or a summary of oral appointment data?

b.
Copy of notice to respondent, if any? (See item 9, below) X

c.
Other correspondence With respondent or counsel, if any?

d.
All other written communications to or from the appointing authority?

e.

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

g. Information as to sessions of a formal board not included on page I of this report?
X
It. Any other significant papers
(other than evidence) relating to administrative aspects of the investigation or board? FOOTNOTES: .y Explain all negcrive answers on an arcached sheer. U.Ise NM tam 2-.
- -2preserr -.the drams' .in -.
Y .or board. 4. occur in this invevigoa
LAW ENFORCEMENTtit IVLt,.2. v --* •2is2.
._-_2-.1 k.:1t4. II
FOR OFFICIA I I IRP ntu. 41
O 7 -04-CID023 672
YES NOV NA
a.
Are all items offered (whether or not received) or considered as evidence individually numbered or lettered as L exhibits and attached to this report? 1

b.
is an index of all exhibits offered to er conidercd 63 investigating officer or board attached before the first exhibit? X 1 ,

c.
Has the testimony/statement of each witness been recorded verbatim or been reduced to written form and attached as au exhibit?L s

X
X 1
d. Are copies , descriptions , or depiction ^ifsubsriaured jot real or docume+rtar^ evidence) property authenticated and is
I
X
the location of the original evidence indicated?
e. Are descriptions or diagrams included of locations visited by the investigating officer or board (para 3-6b. AR 15-6)? X
f Is each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made an
X .
exhibit or recorded in a verbatim record?
g. If official notice of any matter was taken over the objection of a respondent or counsel, is a statement of the matter X
of which official notice was taken attached as an exhibit (para 3-16d. AR L5-6)?
3 Was a qunrtmt present vvheo the board voted oa findings and recommendations (paras ¢L and 526, AR 15 6)1 X B_ COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter 5, AR 156) ' _:^-'
-
4 • (para 5-3b, AR 15-6)?
At the initial session, did the recorder read,. or determine that all particiitins had read, the letter of appointment. 5 Was a quorum present at every session of the board (para 5-26, AR 15-6)1 6 Was each absence of any member properly excused (pars 5-2a, AR 15-6)? 7 Were members, witnesses, reporter, and interpreter sworn, if required (para 3-1, AR 15-6)? 8 If any members who voted ott findings or recommendations were not present when the board received some evidence,
does the inclosure describe how they familiarized themselves with that evidence (para 5-2d, AR 15-6)?
C. COMPLETEb ONLY IF RESPONDENT WAS DESIGNATED (Section 1!, Chapter 5, AR 15 -6) , :,:.7; 9 Notice to respondents (para 5-5, AR 15-6):
a. Is the method and date of delivery to the respondent indicated on each letter of notification?
uok. -Was the date of delivery at least five working days prior to the first session of the board?

c.71,frftg-L^etter of notification indicate —
,,,,-.„

(1)
the date, hour, and place of the first session of the board concerning that respondent?

(2)
the matter to be thvestigated, including specific allegations against the respondent, if any? , ..

(3)
, the respondent's rights with regard to counsel?

(4)
the name and address of each witness expected to be callefi by the recorder?

(5)
the respondent's rights to be present, present evidence, and call witnesses?

d.
Was die respondent provided a . copy of all unclassified documents in the case file?

e.
If there were relevant classified materials, were the respondent and his counsel given access and an oppornmity to examine them?

10 If any respondent was designated after the proceedings began (or otherwise was absent during part of the proceedings): a_ Was he properly notified (para 5-5, AR 15-6)7
b.
Was record of proceedings and evidence received in his absence made available for examination by him and his counsel (para 54c, AR 15 -6)7 11 Counsel (para 5-6, AR 15-6):

a.
Was each respondent represented by counsel?
Manic and business address of counsel:

(If counsel is a lawyer, check here ¦ )
b.
Was respondent's counsel present at all open sessions of the board relating to that respondent?

c.
If military counsel was requested but not made available, is a copy (or, if oral, a summary) of the request and the
action taken on it included in the report (para 5-65, AR 15-6)?

12 If the respoodent challenged the legal advisor or any voting member for lack of impartiality (para 5-7, AR 15-6):
a.
Was the challenge properly denied and by the appropriate officer?

b.
Did each member successfully challenged cease to participate in the proceedings? ' 13 Was the respondent given an opportunity to (para 5-8a, AR 15-6):

a.
Be present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent?

b.
Examine and object to the introduction of real and documentary evidence, including written statements?

c.
Object to the testimony of witnesses and cross-examine witnesses other than his own?

d.
Cali witnesses and otherwise introduce evidence?

e.
Testify as a witness?
f Make or have his counsel make a final statement or argument (para 5-9, AR 15-6)?

14 If requested, did the recorder assist the respondent in obtaining evidence in possession of the Government and in arranging for the presence of witnesses (para 5-8b, AR 15-6)?
15 Are all of the respbadent's requests and objections which were denied indicated in the report of proceedings or in an
inclosure or exhibit to it (para 5-11, AR 15-6)?
FOOTNOTES: 1.1Explain all negative answers on an attached shed:. V Use of the N/A column constiaces a positive represenzation that eke circunmances described in the question did not occur in this invesdgcrion or. board.
11SAPA V1 .20
Page 2 r4 pa es DA Form 1574 Mar 83
tNFORCEMENT SFNISITIVE
k

4 0 '3
r-4 c:
REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER/BOARD OF OFFICERS
For use of this form see AR 15-6. the
IF MORE SPACE IS REQUIRED IN FILLING OUT ANY PORTION OF THIS FORM. ATTACH ADDITIONAL SHEETS
SECTION I - APPOINTMENT
r
Appointed by. Cothmauding
(Appointing authority)

_,-,-
4 JUNE 04
(Attach inclosure 1: Letter of appointment or summary of oral appointment data.) (See para 3-15, AR 15-6.)
(Date)
SECTION II - SESSIONS
The (investigation) (board) commenced at HHC, 2-325th AIR, 82d ABN DIV, FT BRAGG, NC 28310 tat.'.0900
(Place). (Time)
at.7 JUNE 04 _..
(Dare) (If a firma, board met for more than one session, check here .. ..Indicate in an inclosure the time each session began and ended, the place, persons present and absent, and explanation of absences, if any.) The following persons
(members. respondents, counsel) were
present: (After each name, ineficate capacity. e.g., President, Recorder, Member, Legal Advisor.)
-INVESTIGATING OFFICER
....-
The following persons
(members, respondents, counsel) were absent . (Include brief explanation of each absence.) (See paras 5-2 and 5-8a, AR 15-6.)
10T APPLICABLE
The (investigating officer) (board) finished gathering/hearing evidence at 16002 9 JUNE 04
on
(Time). (Date)
and completed findings and recommendations at 1200 on 10 JUNE 04 (Time).
(Date)
SECTION UI - CHECKLIST FOR PROCEEDINGS
A. COMPLETE MALL CASES
YES NO NAN
ktelosures (parrs 3-15, AR 15-6)
Are the following inclosed and numbered consecutively with Roman numerals:

(A/racked in order listed)
a.
The letter of appointment or a summary of oral appointment data?

b.
Copy of notice to respondent, if any?

(See item 9, below)
c.
Other correspondence with respondent or counsel, if any? X
d.
All other written communications to or fromthe appointing authority?
X:'

e.
X'

Privacy Act Statements (Certificate, if statement provided orally)?
f

Explanation by the_investigating officer or board of any unusual delays, difficulties. irregularities. or other problems
encountered (e.g., absence of material witnesses)?

g.
Information as to sessions of a formal board not included on page 1 of this report?
h. Any other significant papers (other than evidence)
relating to administrative aspects of the investigation or board?
negative answers on an a Cached sheet.
1i Use oftke NM column ronuitices a positive represeiration that the circumstances described in the prelim did not occur in this

invezigadon
or board.
I AUti CktcnQr-FMENT .NSITIVEt tr; n 4 n L DOD 007028
‘,,,N,
0397 °
- C10023 67282 -2 Exhibits (!Tara 3-16, AR 15-6)
YES NOM NA'
a. Are all items offered (whether or no; received) or considered as evidence individually numbered or lettered as
exhibits and attached to this report?L

X
b.
Is an index of all exhibits offered to or considered by investigating officer or board attached before the first exhibit?

c.
Has the testinmay/statement of each witness been recorded verbatim or been reduced to,wriuen form and attached as

an exhibit?
,L

d. Are copies, descriptions, or depictions (if substimted for real or documentary evidence) properly authenticated and is L
the location of the original evidence indicated?
e. Are descriptions or diagrams included of locations visited by the investigating officer or board (para 3-6h, AR 15-6)?
x!x
fLIs each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made an
exhibit or recorded in a verbatim record? L

-.'
g. If official notice of any matter was taken over the objection of a respondent or counsel, is a statement of the matter
of which official notice was taken attached as an exhibit (para 3-16d. AR 15-6)?

3LWas a quorum_prese at when the board voted on findings and recommendations (paras 4-1 and 5-2b. AR 15-6)7
B. COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter 5, AR 15-6)
4LAt the initial session, did the recorder read, or determine that all participants had read, the letter of appointment. (para 5-3b, AR 15-6)?

Was a quorum present at every session of the board (para 5-2b, AR 15-6)?
6LWas each absence of any member properly excused (para 5-2a, AR 15-6)?
7LWere members, witnesses, reporter, and interpreter sworn, if required (fora 3-1. AR 15-6)?
8LIf any members who voted on findings or recommendations were not present when the board received some evidence,

does the inclosure describe how they familiarized themselves with that evidence (para 5-24 AR 15-6)?
C. COMPLETEE ONLY [F RESPONDENT WAS DESIGNATED (Section //, Chapter 5, AR 15-6)
9LiNotice to respondents (para 5-5, AR 15-6):

. a. Is the method and aye of delivery to the respondent indicated on each letter of notification?
Was the date of delivery at least five working days prior to the first session of the board?

c. WeiLg,of notification indicate —
(1)
the date, hour, and place of the first session of the board concerning that respondent?

(2)
the matter to be investigated, including specific allegations against the respondent, if any?

(3)
the respondent's rights with regard to counsel?L ,

(4)
the name and address of each witness expected to be calikd by the recorder?

(5)
the respondent's rights to be present, present evidence, and call witnesses?
el. Was the respondent provided a copy of all unclassified doctaxients in the case fde?

e.
If there were relevant classified materials, were the respondi3in and his counsel given access and an opportunity to examine them?
10 If any respondent was designated after the proceedings began (or otherwise was absent during part oldie proceedings):

a.
Was he properly notified (para 5-5. AR 15-6)?

b.
Was record of proceedings and evidence received in his absence made available for examination by him and his counsel (pare 5-4c. AR 15-6)7
11LCounsel (para 5-6, AR 15-6):

a.
Was each respondent represented by counsel?
Name and business address of counsel:

(If counsel is a lawyer, check here 0 )
b.
Was respondent's counsel present at all open sessions of the board relating to that respondent?

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

12LIf ifie respondent challenged the legal advisor or any voting member for lack of impartiality (para 5-7, AR 15-6):
a.
Was the challenge properly denied and by the appropriate officer?

b.
Did each member successfully challenged cease to participate in the proceedings? 13LWas the respondent given an opportunity to (para 5-8a, AR 15-6):

a.
Be present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent?

b.
Examine and object to the introduction of real and documentary evidence, incliiding written statements?

c.
Object to the testimony of witnesses and cross-examine witnesses other than his own? L r---

d.
Call witnesses and otherwise introduce evidence?

e.
Testify as a witness?
fLMake or have his counsel make a final statement or argument (par-a 5-9. AR 15-61?

14LIf requested, did the recorder assist the respondent in obtaining evidence in possession of the Government and in arranging for the presence of witnesses (para 5-8b, .41? 15-6)?
15LAre all of the respondent's requests and objections which were denied indicated in the report of proceedings or in aninclosure or exhibit to it (para 5-11, AR 15-6)?
FOOTNOTES:Ly Explain all negative answers on an a:racked thee.V Use of the N/A column con.scitures a positive representalan :her the ciratatuances described in the question did ncc occur in this investigalon
or board. L29 Page 2 of 4 pages, DA Form 1574, Mar 83 1JSAPA 1.11.ja i ('' "7 6
LAW ENFORCEMENT SENSInvp .08.405F11­
(
1 1-7 '
DOD 007029

Doc_nid: 
3468
Doc_type_num: 
63