Army AR 15-6 investigation in to missing property belonging to Iraqis working as translators. The facts are that several translators working at the Division of Civil Military Operations Center were detained in a raid. They were held for seven (7) days and released. Several of the translators complained that their personal property was never returned to them. The investigation found that there was no evidence of a specific person's wrongdoing, rather a series of events, combined with sloppy record keeping and inexperience in such matters, led to the property going missing.
630
TRANSMITTAL RECORD
For use of this form, see AR 25-50; the proponent agency is DCSPER
3. TITLE/FIL IDENTIFICATION
6. AUTHORITY FOR SHIPMENT
8. PERSON TO CONTACT Name and telephone)
UT. SHIPPED FROM
(b) ( 7 )(c)
10a_ TYPED NAME AND TITLE OF SENDER .
1. SECURITY CLASSIFICATION
2. SHIPMENT NO.
4. AS OF DATE ITYYYMMDDI
5. SHIPMENT DATE OTYYMM1101
°3 e)DI 4I -1 GTDD
7. NUMBER OF RECORDS TRANSMITTED
9. REQUIREMENT CONTROL SYMBOL (AR 335151
11. SHIPPED TO
I BC6 c O
RETURN RECEIPT REQUESTED (khan box A-checked, siga Maw and fatemcopy,
to sender1D
)) C.)
11a. TYPED NAME AND TITLE BF-RECEIVER—
EjtEli,e4tis
CASSETTES
MISBOFILM;-.1,
14. NUMBER OF ITEMS
15 METHOD COURIER
I FIRST CLASS ,
PARCEL POST
EXPRESS MAIL
REGISTERED
II
16.
SPECIAL INSTRUCTIONS
17.
TYPE COMPONENT USED
(For magnetically receded data)
18. REMARKS
.
tji 14D\v { L^n nfi \41 v. A
,7„ Le
re;
LA,5.
G 3 La
DA FORM 200, SEP 1998
PREVIOUS EDITIONS ARE OBSOLETE
usARe.00
DEPARTMENT OF THE ARMY
HEADQUARTERS AND HEADQUARTERS COMPANY
1ST BRIGADE, 4TH INFANTRY DIVISION
TIKRIT, IRAQ APO AE 09323
AFYB-IN-S6 6 July 2003
MEMORANDUM FOR COMMANDER, 1st Brigade, 4th Infantry Division
SUBJECT: Commander's Inquiry — Tikrit University Translator Missing Personal Items
1. Sununa of Findings
At the time this particular incident happened, procedures f or detainee handling were not well-defined. Sloppy accountability of detainee personal property appeared to be the norm until several complaints put more focus on the problem. Within days of this Tikrit University raid on 27 May, new procedures were put in place to ensure proper tracking of detainees and their personal property. The current procedures noted during this inquiry ap be well within standard and are being adhered to. There was no evidence of any kind that pear to
pointed to a specific person's
wrong-doing but, rather a series of events that led to the loss ofaccountability of these personal items.
2. Back-L__
md. On 28 May, 2003 the 1st Brigade, 41I) conducted a raid to detain individuals
suspected of conducting subversion and espionage against U.S. forces. There
of detainees this day: one group detained- at wOre. two groups
-
the-university and another grOUP -WhOvroiko as
translators at the 4th Infantry Division Civil Military Operations Center
(CMOC) lgootct at: the:
main palace complex. This particular inquiry focuses on the translators who were
ddt4i4d-brite
they arrived to work at the CMOC. They were screened at the CMOC and moved to the 1BCT
holding cell for two days and then to the division holding cell for 6 days. In the process some of
their personal belongings were,
taken and never returned. My findings are based on a-seties of
exhibits which include Division and Brigade-level fragmentary orders and interviews with
stadiefS'and Iraqi civilians involved.
3. References:
a.
Email from 1BCT Legal, subject "Missing Property", dtd 241156DJUNO3. (Exhibit A)
b.
TF IH FRAGO 122 (STORAGE AND SECURITY OF HIGH VALUE, PILFERABLE ITEMS) TO TF LH OPORD 03-05/IV (REGIME REMOVAL) DTD
25233 0ZAPR03. (Exhibit B1)
c. 1BCT FRAGO 36 (DETAINED PERSONS/CIVILIAN INTERNEES RELEASE PROCEDURES) TO 1BCT OPORD 03-04-II (RAIDER STRIKE 2) DTD 280300ZAPR03
(Exhibit B2)
d.
TF IH FRAGO 592 (INTERNMENT AND DETENTION OPERATIONS AND CG
DIRECTED ASSESSMENT) TO TF IH OPORD 03-05/IV (REGIME REMOVAL) DTD
042346D03. (Exhibit B3)
e. TF IH FRAGO 867 (HANDLING OF PERSONAL PROPERTY) TO TF IH OPORD
03-05/IV (REGIME REMOVAL) DTD 042215DJUL03. (Exhibit B4)
1
4. Names of Complainants and alleged missing personal property:
a.
b — 130,000 ID (had 40,000 ID returned)
— 2003 diary; Arabic-English dictionary; 30,000 ID
— 2001 diary; Oxford English dictionary; $29; 230,000 ID (had100,000 ID and $20 returned)
d.
— 3 books; 30,000 ID (had $210 returned)3 CDs; 110,000 JD
5. During the scope of this tnquii
ythe following personnel were interviewed:
a.
at Division CMOC — 27 June (Exhibit C)
c. alion — 27 June (Exhibit D) $11 MPCompany — 27 June (Exhibit D)
e. at Division CMOC — 28 June (Exhibit E) at Division CMOC — 28 June (Exhibit F)
f.'
28 June (Exhibit G) 2 July / 4 July (Exhibits H, L)
holding cell NCO — 2 July (Exhibit T) holding cell NCO — 2 July (Exhibit 3)bolding cell soldier —2 July {Exhibit .1)
— 2 July (Exhibit K) 114fi1Y"-(EXhibit M) /JUT 24 — 4 July (Exhibit N) T 32 — 4 July (Exhibit 0) —THT 20 — 5 July (Exhibit -P)
4a-tor — 6 July (Exhibit Q) translator — 6 July (Exhibit R)
6. Findings. On 27 May, 2003 the 1BCT conducted a raid which involved several members of
the staff of Tikrit University. There were two groups detained this day which has led to some
confusion during the gathering of statements and details. The fact that these raids occurred five
weeks ago and that the two groups were both labeled by many as "Tikrit University.rofessors"
has caused some inconsistencies in the statements and has caused this investigating officer to
decipher in some cases which info, nation is specific to the "Tikrit University translators".
The CMOC personnel have received many complaints since opening the CMOC and believe that Iraqi personal property is being lost by U.S. forces either due to theft or mismanagement df property. In this specific case, the translators worked for them and there was a bond and trust established. CMOC personnel assisted in placing the personal articles, iriostl, books, dictionaries, and CDs) in white plastic bags. The 411th MP , _
(b) Ct9 )
and CMOC personnel both admit that there was no ifiVeritoryotvagetWO:fx plane:- 9
‘ar- )(
eKti.:nt for these items (Exhibits E, F and G). A confusing piece of this investigation was that remembered giving the white bags of personal iterns to the CI teanis to examine for intftence value yet the CI teams both say they never were provided such items (Exhibits G, M, and N). Either way they both admit no wallets or money were seized at this time.
633
2
The detainees departed the cgwapproximately 1709:9-mMe to 1-2211¦1/1BCT holding cell.Detainees were searched by \ / i _
emano-221N-tomimit and rings, watches, and
"wallets" were placed in an MREPOii-) (--kat ) \ _
Ch with the detainee's Miiiimber written on the pouch. (
)(7 /( C /
The 1-22IN Mortar platoon soldiers use the word "wallet" but the com lainants say they did not
have wallets but instead just wads of money (Exhibits J, Q, and R), i \ 0 the white bags but describess them more as a consolidated bag does remember (b P.) --,I
without an -tig-
items to match them up istinguishing the (b 0,)( 7)(t) -9
specific detainee (Exhibit J). However, once again there was no
paperwork done while transferring this property and the complainants statements match this
administrative oversight (Exhibits Q and R). He admits that he provided the white bags and the , \
MRE box full of pouches to the CI team who was using a small bu' (b)(7 it c ) - '
area. Once again ll outside the holding
was 6 )
no paperwork w done during this transfer. As per, statement " (the CI teams left the bags, box and pouches unsecured when they were '618367i61 ning ani , t
took the items back NYC') 1 y
under his control. The items spent the night next to hs bed w ic
was a that time in the platoon CP/radio room - a room manned 24 hours a day. i b d 1111 (6)(7)(c' -/
After a few days the items were provided to the S2 and then passed onward to the division
holding area to link up with the detainees. Once again there was no paperwbrk done at this time
to track the movement of these items. The detainees' statements to match that the MRE pouches
did transfer to division since once they were released-they mention opening their MRE pouches
to retrieve most of their items (Exhibits Q and R).
The.M9ttgtVgclo.nmentioned to me that many others had questioned them about missing items
beforell
had been told of missing items a few days after this raid and-h
b:d: his
own inveSitarOnWilik on At some time after the detainees were dropped oCompany returned to drop off a white plastic bagleft in_one_a mortar platoon recalls that in that bag was found 2-3 items on Iii4e .,,.. ' ,__, (Oa) -4/
..,...
-'7-='''' ,
also did an unannounced platoon inspection which turned up no — ,-,,---, f-.:
-'-ii'ii'cg
section were very eager to answer my questions in hopes of clearing their name
they were grateful for the new procedures to help them show they are doing a professional job e
and not involved in any wrongdoing.
To the best of my ability I was able to detell
as: line the chain of custody of the detaineespropetty
-CMOC personnel take some interpreter items at the division CMOC (white/clear bags)
-411 MP Co at CMOC transport items to 1BCT cell (white/clear bags)
-1-22IN :
t 1BCT holding cell; also takes watches, rings, "wallets" for MRE ouch
-CI team a.f a ding cell p
-1-2:2 "S2 at 1BCT holding cell (finds items unattended in "interrogation shack") _
-Division holding cell
-Interpreters (never sees the white/clear bag items but does receive most of the MRE pouch
items)
All these transfers occurred without any inventory or supporting documentation reference personal items belonging to the detainees. All those inventoried were very aware of the DA Foiiii 4137 "Evidence/Property Custody Document" but all admit that during this early part of
3 63
the operations in theater the procedures were still very loose. At any time it is possible that an
item or items were not present from one transfer to another.
Division FRAGO 122 is dated one month prior to this day's raids and tasks G "provide
guidance for storage and accountability of high value items. POC
." Brigade ( 6 )(01 . , FRAGO 36 is a few days later and states in paragraph 3.C.5.A.3 'store and give receipt for any (b)( 7)(i) property confiscated." Division FRAGO 592 dated 4 June states "units must account for each captive and his equipment when they arrive at the forward collection point." Much later on 4 July Division FRAGO 867 states "For all property seized, complete DA Form 4137 (Appendix A) to track the items from origin to storage facility...when seizing property from an individual, provide a copy of the DA Form 4137 to the individual..." (Exhibits Bl, B2, B3, and B4). There may be some other FRAGOs whose titles did not catch my eye but the trend here shows very
broad guidance early on about "providing receipts" when taking property. Then it appears the
division realized it needed to provide stricter guidance and provided more detail as to exact forms and procedures'for soldiers to follow.
On 27 May, 2003 it appears to me that basic hand receipt accountability was not adhered to until guidance from higher forced the use of the DA Form 4137. Today's procedures seem to be much more tightly controlled with paperwork tracking ensuring a proper chain of custody.
1.11111111111111MAJ, SC (b) -2-1BCT S6 (b)I.7 )L L) -2-
6345
4
41D 1BCT S6
From:
4ID 1BCT LEGAL
Sent:
Tuesday, June 24, 2003 8:56 PM
To:
4ID 1BCT S6
Subject:
FW: Missing Property
Importance:
High
S ir:
The email that started it.
C01. 0 -2-
Original Message----
From:
410 SJA
Sent:
Saturday, June 14, 2003 03:31To:
410 1BCT LEGAL
Subject:
Missing Property
:FmkirtAnce: High
0j)(7)1ci -1
(10 )(C)
The
has received a orediabla complaint,
inthilte-Ttorifinament-fady the failure to return.property,aftr ao,pret-iQrrAlt,vp4
According torernernbers .
'the MP LT who aprehended-'6,161ra
droppig them off with property at iBCT p
two:,
. The DCCP claims the prfipe was not transferred
n
To make:
called-the-1-BC-FCbriffiienien , „ ItNas not his responsibility to keep 7r r
-
„goo ID
Diary of 2003,:Arabic English Dictionary, 30,000 ID ro c r of 2001, Modern Oxford English Dictionary, $29.00; 230,000 ID
-3 books, 30,000 ID (they returned a separate $210.00) liD4 ) -4(
0,000, 3 CDs
(
Please advise 1 )(7)(c)1
fdd
G3.16
1