A Staff Sargent near Tikrit, Iraq, on September 11, 2003, shot an Iraqi detainee. The shooting was described as "willfully and unlawful". The detainee was shot in the abdomen with a rifle. The SSGT admitted to the act and pleaded for leniency.
_AFV1:1-CG
12 ni
1\,4ElvIORANDUM THRU
Commander, 1st Brigade, 4th Infantry Division Mechanized, Tikrit, Iraq Commander, 4th Forward Support Battalion, 1st Brigade, 4th Infantry Division (Mechanized),Tikrit, Iraq
Commander, Company D, 4th Forward Support Battalion, 1st Brigade, 4th Infantry Division
(Mechanized), Tikrit, Iraq
FOR Commander, 502d Personnel Service Battalion, 4th Infantry Division (Mechanized), TikritIraq
SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial, SPC
4.111111°' Company D, 4th Forward Support Battalion ; 1st Brigade, 4th Infantry Division
(Mechanized), Tikrit, Iraq
1. The Request for Discharge in Lieu of Trial by Court-Martial submitted by SPC 40Pr
4iCompany D, 4th Forward Support Battalion, 1st Brigade, 4th
Infantry Division (Mechanized), Tikrit, Iraq, UP AR 635-200, Chapter 10, is hereby
APPROVED.
2.
I direct that SPC 4111r be discharged from Military Service under the provisions of
AR 635-200, Chapter 10, and that his service be characterized as Under Other Than Honorable
Conditions.
3.
The pending court-martial charges against SPC Martino-Poole will be dismissed after SPC
orsp, receives his DD Form 214.
4.
I direct that SPC ow be reduced to the lowest enlisted pay grade, PVT (E-1) IAW635-200, paragraph 1-13.
5.
SPC 4,suor will not be transferred into the Individual Ready Reserve (IRR) as he clearly has no potential for useful service under conditions of full mobilization. Transfer is not required IAW AR 635-200, paragraph 1-35.
6.
In accordance with AR 635-200, paragraph 1-20, if the soldier is a bonus recipient, unearned
7.
I further direct that SPC 11.11. . be separated from the Army within five working days
portions of any enlistment/reenlist ment bonuses will be recouped.
upon return to CONUS.
RAY "OND T. ODIERNO
Major General, USA
• Commanding 096979
rs\
DEPARTMENT OF TiIE ARMY •
United States Army Trial Defense
Service
Fort Hood Field Office
Task Force Ironhorse
Forward Operating Base Speicher, Iraq
16 October 2003AFZF-JA-TDS
MEMORANDUM THRU
Commander, D Company, 4th Forward Support Battalion, 1" Brigade, 4 th Infantry Division (M), •
FOB Ironhorse (Tikrit) Iraq APO AE 09323-2628
Commander, 4th Forward Support Battalion, 1' Brigade, 4 th Infantry Division (M), FOB
Ironhorse (Tikrit) Iraq APO AE 09323-2628
Commander, Brigade, 4th Infantry Division (M), FOB Ironhorse (Tikrit) Iraq APO AR 09323
2628
FOR Commander, 4th Infantry Division (M), FOB Ironhorse (Tikrit) Iraq APO AE 09323-2628
•
SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial — SPC _ mom
, D Company, 4th Support Battalion, l st Brigade, 4th Infantry Division (M), FOB
1011,
Ironhorse (Tikrit) Iraq APO AE 09323-2628
, hereby voluntarily request discharge in
1. I, SPC
lieu of trial by court-martial under AR 635-200, chapter 10, I understand that I may request
discharge in lieu of trial by court-martial because of the following charges which have been.
preferred against me under the Uniform Code of Military Justice, one of which or a combination
of which authorizes the imposition of a bad conduct or dishonorable discharge:
Article 119-Manslaughter
Z. I am making this request of my own free will and have not been subjected to any coercion
whatsoever by any person. I have been advised of the implications that arc attached to it By
submitting this request for discharge, I acknowledge that I understand the elements of the
offerise(s) charged and am guilty of (one or more of) the charge(s) against me or of (a) lesser
included offerise(s) therein contained which also authorize the imposition of a bad conduct or
dishonorable discharge. Moreover, I hereby state that under no circumstances do I desire further
rehabilitation, for I have no desire to perform further military service.
•
have been afforded the opportunity to consult with appointedI—Prior to completing this form, ( -iidituasel for consultation who has fully advised me
counsel for consultation. I have consuftiirv
of the nature of my rights under the Uniform Code of Military Justice, the elements of the
offenses with which I am charged, any relevant lesser included offenses thereto, and the facts
which must be established by competent evidence beyond a reasonable doubt to sustain a finding
C 0 6 9 8 0
'd
6 tiOCZ I das DOD 003040
: TC107Cf-n-Hc . Nen
AFZF-JA-TDS
SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial -- SFC D Company, 4th Support Battalion, Brigade, 4th Infantry Division (M), FOB Ironhorse (Tikrit) Iraq APO AE 09323-2628
.
of guilty; the possible defenses which appear to be available at this time; and the maximum permissible punishment if found guilty. Although he has famished me legal advice, this decision
is my own.
4. I understand that, if my request for discharge is accepted, I may be discharged under • conditions other than honorable. I have been advised and understand the possible effects of an Under Other Than Honorable Discharge (including but not limited to reduction to the lowest enlisted grade (Private E-1) by operation of law) and that, as a result of the issuance of such a discharge, I will be deprived of many or all Army benefits, that I may be ineligible for many or all benefits administered by the Veterans Administration, and that I may be deprived of my rights and benefits as a veteran under both Federal and State law, as indicated on a copy of DA Poster 635-1, which was provided me). I also understand that I may expect to encounter substantial
prejudice in civilian life because of an Under Other Than Honorable Discharge. I further
understand that there is neither automatic upgrading nor review by any Government agency of a
the
less than honorable discharge and that I must apply to the Army Discharge Review Board or . Army Board of Corrections of Military Records if I wish review of my discharge. I realize that
the act of consideration by either board does not imply that my discharge will be upgraded.
5. I understand that, once my request for discharge is submitted, it may be withdrawn only with
consent of the commander exercising general court-martial authority, or without that commander's consent, in the event trial results in an acquittal or the sentence does not include a punitive discharge even though one could have been adjudged by the court. Further, I understand
that if I depart absent without leave, this request may be processed and I may be discharged even though I am absent. This request is conditioned upon disapproval of the findings and sentence of case.
any court-martial, if applicable in this
6.
I have been advised that I may submit statements I desire in my own behalf, which will accompany my request for discharge. Statements in my own behalf are not submitted with this request.
7.
I hereby acknowledge receipt of a copy of this request for discharge.
Maw SPCTU.S,Army Accused
2
006981
•.' coda':6 1700Z t d@S 109Z6V20V6:xe3DAC' UG OD NOIN3G
DOD 003041
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taN
AFZF-JA-TDS
Martial SPC ,
-
SUBJECT: Request for Discharge in Lieu of Trial by Court11110.11.11. i) Company, 4th Support Battalion, 1' Brigade, 4th Infantry Division (M), FOB
Ironhorse (Tilcrit) Iraq APO AE 09323-2628
Having been advised by me of:
a.
The basis for his contemplated trial by court-martial and the maximum permissible punishment authorized under the Uniform Code of Military Justice;
b.
The possible effects of an Under Other Than Honorable Discharge if this request is approved (including but not limited to reduction to the lowest enlisted grade (Private E-1) by operation of law and the loss o£ benefits administered by both the Army and other Federal
agencies as indicated on a copy of DA Poster 635-1, which was provided to the soldier); and
c. The procedures and rights available to him/her;
, personally made the choices indicated in the
SPC
foregoing request for discharge in lieu of trial by court-martial.
1LT, JA Defense Counsel
Data required by the Privacy Act of 1974 (5 USC 552a)
AUTHORITY: Section 301, title 5 USC and section 3013, title 10, USC.
exercising general court-martial jurisdiction over you
-
PURPOSE: To be used by the commander
to determine approval or disapproval of your request for discharge in lieu of trial by court,
martial.
ROUTINE USES: Request, with appropriate documentation, including the decision of the
discharge authority, will be filed in the MPRJ as permanent material and disposed of in
-10, and may be used by other appropriate Federal agencies and State
accordance with AR 640
and local governmental activities-where use of the information is compatible with the purpose for
which the information was collected.
3 06982
.
VO Zb: 6 t700Z I ciaS TO9aVi0176: XP.d DA] UG 03 N01N3G
••••••-•,
•
.4e..k*-4,,' •
AFZF-JA-TDS SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial SPC vast 410011P D Company, 4th Support Battalion, Is t Brigade, 4th Infantry Division (M), FOB
lronhorse (Tilcrit) Iraq APO AE 09323-2628
or a portion of the
Submission of a request for discharge is voluntary- Failure to provide all
requested information may result in your request being disapproved.
d•
4
0d0 UG 03 N0IN3G
7,t7:6-1700Z I 109Z6V20V6:x2d
CHARGE SHEET ( 9) Uto )
_
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, Middle Initial) 2. SSN 3. GRADE OR RANK 4. PAY GRADE
VIIIIMIlwo SPC E4
6. CURRENT SERVICE
5. UNIT OR ORGANIZATION
a..INITIAL DATE b. TERM
D COMPANY, 4TH FORWARD SUPPORT BATTALION,
1ST BRIGADE, 4TH INFANTRY DIVISION (MECHANIZED) 24 Aug 00 4 yrs
8. NATURE OF RESTRAINT OF 9. DATE(S) IMPOSED7. PAY PER MONTH
ACCUSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
N/A $100.00 $1,765.30 None
$1,665.30
II. CHARGES AND SPECIFICATIONS VIOLATION OF THE UCMJ, ARTICLE 11910. CHARGE:.
. US Army, did, at or
SPECIFICATION: In that SPC ,
near Tikrit, Iraq, on or about 11 September 2003, willfully and unlawfully kill
40001.
by shooting him in the abdomen with a rifle.
III. PREFERRAL
11a. NAME OF ACCUSER (Last, First, Middle Initial) b. GRADE CPT c. ORGANIZATION OF ACCUSER D CO, 4TH FSB, 1ST BDE, 4ID (M)
d. SIGNATURE OF ACcuRFR.— e. DATE (YYYYMNIDD)
2. 00 3 / C.)07
AFFIDAVIT: Before me, the undersigned, authorized by law to admicister oaths in cases of this character, personally
, and signed the foregoing
this / day of Oc.;obo f , 1-e ,"
appeared the above named accusercharges and specifications under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
HHC , lEDE , 4ID (M) Organization of OfficerTyped Name of Officer.
ARTICLE 136, UCMJ ,
APTAIN
Official Capacity to Administer Oath
Grad =.
(See R. C.M. 307(b) — must be a commissioned officer)
ignature
PREVIOUS EDITION IS OBSO LETE.
DD FORM 458, MAY 2000
C 06984
..1;. :4.
On 7 Oc -raaE",Q Zook.
,.,
the accused was informed of the charges against him/her and of the
name(s) of the accuser(s) known to me (See R.C.M. 308 (a)). (See
R.C.M. 308 if notification cannot be made.)
4011101.110 HQ, D CC, 4TH FSB,
1ST BDE, 4ID (M)
Typed Name of Immediate Commander . Organization of Immediate Commander
CPT
. Grade.,
Ammisift
-.-.
Signature.
\--'.
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13.
The sworn charges were received at 2 0 OV hours
7 t'CA-Ark. C , 200 3 at HQs, 4th Forward Support Battalion
Designation of Command or
1st Brigade, 4th Infantry Division (Mechanized)
Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403)
FOR THE 1
. Commanding •
Typed Name of Officer Official Capacity of Officer Signing
LTC
Grade
¦•¦tr.
- —
Y Signature
• I). V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE
c. DATE (YYYYMMDD)
Referred for trial to the ' court-martial convened by
2
, , subject to the following instructions:
By of
Command or Order
Typed Name of Officer Official Capacity of Officer Signing
-
Grade
Signature
15.
On , , I (caused to be) served:a copy hereof on (each of) the above named accused.
CPT
Typed Name of Trial Counsel Grade or Rank of Trial Counsel
Signature
FOOTNOTES:.1 = When an appropriate commander signs personally, inapplicable words are stricken. 2— See R.C.M. 601(e) concerning instructions. If none, so state.
DOD 003045
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DOD 003046
Page 1 of 1
41D SJA TDS
From: 410 SJA CHIEFMJ Señt.Wednesday, November 12, 2003 11:46 AM To: 410 SJA TOS
martino poole
been approved.:)
C OG 98
•,••., • "
••• •••• s•••
\flt.
90d t;': 6 t0O t d@S I 096V20 x2J 3d0 13G 03 NaLN3C1
AFYB-CG
I o 2 3 41 411111.1°
64
MEMORANDUM THRU
Commander, 173d Airborne Brigade, 4 th Infantry Division Mechanized, Tikrit, Iraq Commander, 319th AFAR, 173d Airborne Brigade, 4 th Infantry Division(Mechanized), Tikrit,Iraq
Commander, Delta Battery, 319th AFAR, 173d Airborne Brigade, 4th Infantry Division
(Mechanized), Tikrit, Iraq
FOR Commander, 502d Personnel Service Battalion, 4th Infantry Division (Mechanized), Tikrit Iraq
SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial, SSG
yaws Delta Battery, 319th AFAR, 173d Airborne Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq
1. The Request for Discharge in Lieu of Trial by Court-Martial submitted by SSG maw.
, Delta Battery, 319th AFAR, 173d Airborne Brigade, 4th Infantry Division
(Mechanized), Tikrit, Iraq, UP AR 635-200, Chapter 10, is hereby APPROVED.
2. I direct that SSG ' law be discharged from Military Service under the provisions of AR 635-
200, Chapter 10, and that his service be characterized as Under Other Than Honorable
Conditions.
3.
The pending court-martial charges against SSG Immo.; will be dismissed after SSG vim
receives his DD Form 214.
4.
I direct that SSG ism., be reduced to the lowest enlisted pay grade, PVT (E-1) IAW 635200, paragraph 1-13.
5.
SSG 'oil.... will not be transferred into the Individual Ready Reserve (IRR) as he clearly has
no potential for useful service under conditions of full mobilization_ Transfer is not required IAW AR 635-200, paragraph 1-35.
6.
In accordance with AR 635-200, paragraph 1-20, if the soldier is a bonus recipient, unearned-portions of any enlistnaentireenlistment bonuses will be recouped.
7.
I further direct that SSG ow.- be separated from the Army within five working days upon return to CONUS.
OND T. ODI HRNO Major General, USA Commanding
C 06987
g
DEPARTMENT OF THE ARMY
United States Army Trial Defense Service
Fort Hood Field Office
Task Force Ironhorse
REPLY TO
Police station Speicher, Iraq
ATTENTION OF
AFZF-JA-TDS 4 October 2003
MEMORANDUM FOR Commander, Taskforce Ironhorse, 4th Infantry Division
(Mechanized), Tikrit, Iraq.
SUBJECT: Letter in Support of Discharge in Lieu of Trial by Court-Martial -- SSG
mom..
D Battery, 319th AFAR, 173rd Airbirne Brigade, Iraq
1.
I am writing this letter to help explain the circumstances that led to this entire
situation. I am not writing this to excuse my actions but to shed some light on the day
that led up to the incident.
2.
On 1 August 2003 a soldier in my unit, SPC 111111.1111¦iwas killed by an RPG
round. All of us were upset and nervous about the death. The following day was
probably the worst day of my life. Early on 2 August 2003, some local Iraqi's brought a
dead body to our police station. They told us that they had found the man in the river and
that he had been strangled. Until this moment I had never seen a dead man before. The
sight of this was very upsetting. This first event of the morning set the mood for the day.
3.
About an hour after the body was brought to the police station we had reports of some
Iraqi's stealing pipes in town. We went to investigate the incident and actually found the
men. We detained fourteen men and began to transport them to our police station. As we
left we noticed that another car was following us. The two men in the car were with the
pipe stealers earlier. We had a few local Iraqi police in the vehicle with us and they
began shooting at the car. We looked back 'at the car to see why they were shooting. We
saw that one of the men in the car was holding a grenade. He was holding the grenade as
if he were about to throw it at us. The driver of our vehicle stomped on the brakes and
this forced the car behind us to abruptly stop. We detained the two men and their
grenade.
4.
About thirty minutes after dropping these detainees at the police station we were made
aware of shots being fired at the market. We immediately left for the market area. The
two men that we found were local Kirkuk police and they were carrying AK-47's. They
were not suppose to be carrying weapons outside of their city as that was the law. We
searched the men and found fuses and full magazines for the AK-47's. We asked the
artillery guys about the fuses and were told that they were either mortar or RPG fuses.
We took them to the police station.
-.. 5.. By the time we arrived to the police station o_ur emotions_wer_e_high_and we were all on the edge. We called our commander and asked what to do with the two police that
r 0 6 9 8 3
DOD 003049
,86
AFZC-JA-TDS SUBJECT: Letter in Support of Discharge in Lieu of Court-Martial, SSG
had the AK's. We found out moments earlier that the local Iraqi judge had ordered that they be released. The commander told us to question them anyway.
6.
After questioning the two for awhile the translator told me that one of the men had stated that he would kill me and the others that had questioned him. He also stated that he would blow up the police station with an RPG. We all took them seriously.
7.
The day had started with me seeing a dead mans body and it ended with threats on mine I am not making excuses for my actions but hope to put that day in perspective. I have been in the Army for twelve and a half years. My MOS is not in police work or law enforcement. I am a communications sergeant. I have never been trained in police work and have no training in handling prisoners or detainees. I say this not to make excuses but to try and make sense of the situation.
8.
I regret many things in my life and I hope that I can come to terms with the actions I have taken. I realize that you have the power to discharge me from service. My only request is that you discharge me with a General discharge. Very respectfully.
jusiiimm SSG, U.S. Army Accused
COG 98 9
2
g6
DEPARTMENT OF THE ARMY
COMBAT SUPPORT COMPANY,
1 ST BATTALION (AIRBORNE), 508 TH INFANTRY
4TH INFANTRY DIVISION (MECHANIZED)
T1KRIT, IRAQ 09323
AESE-B 13 October 2003
MEMORANDUM THRU
Commander, 173d Airborne Brigade, 4 th Infantry Division (Mechanized), Kirkuk, Iraq 09347
Commander, 1 st Battalion (Airborne), 508 th Infantry, 173d Airborne Brigade, 4th Infantry
Division (Mechanized), Tikrit, Iraq 09323
FOR Commander, 4th Infantry Division (Mechanized), Tikrit, Iraq
SUBJECT: Request for Discharge under Chapter 10, Discharge in Lieu of Trial by Court-
Martial, pertaining to SSG ••¦¦•¦¦
, 319th AFAR, 173d Airborne Brigade, 4 th InfantryDivision (Mechanized), Tikrit, Iraq
1. The attached recommendation for elimination under provisions of AR 635-200, Chapter 10,
Discharge in Lieu of Trial by Court-Martial, pertaining to SSG
319th AF, 173d
AR
Airborne Brigade, 4 th Infantry Division (Mechanized), Tikrit, Iraq, is forwarded for your
recommend:
action. I
( X ) Approval. or
( ) Disapproval
2. Furthermore, I recommend that his service be characterized as
( ) under other than honorable conditions
( X ) General under honorable conditions
3.
This isolated incident does not reflect SSG 411••• otherwise clean record, an should
negate his significant contributions to his unit, the brigade, and the United States d
course of more than twelve years. Army overtthe
/Original Signed/
Encl as
CPT, FA Commanding
C 06990
DEPARTMENT OF THE ARMY
HEADQUARTERS, 2ND BATTALION (AIRBORNE), 503 RD INFANTRY
4TH INFANTRY DIVISION (MECHANIZED)
TIKRIT, IRAQ 09323
AESE-B
13 October 2003
MEMORANDUM THRU Commander, 173d Airborne Brigade, 4 th Infantry Division
(Mechanized), Kirkuk, Iraq 09347
FOR Commander, 4th Infantry Division (Mechanized), Tikrit, Iraq 09323
SUBJECT: Request for Discharge under Chapter 10, Discharge in Lieu of Trial by Court-
Martial, pertaining to SSG MOIL
319th AFAR, 173d Airborne Brigade, 4 th InfantryDivision (Mechanized), Tikrit, Iraq
1. The attached recommendation for elimination under provisions of AR 635-200, Chapter 10,
Discharge in Lieu of Trial by Court-Martial, pertaining to SSG'
319th AFAR, 173dAirborne Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq, is forwarded for your action. I
recommend:
( X ) Approval. or ( ) Disapproval.
2. I recommend that his service be characterized as under other than honorable conditions.
) under other than, honorable conditions
( X ) General under honorable conditions
3. SSG
ow service to his country has consistently been above average, and should not be permanently marred by this isolated incident.
/Original Signed/
allamb
Encl
as LTC, IN Commanding
C06991
DOD 003052