Army Memo re: Article 15 Scheduling of Counseling (0034-04-CID352-64025)

Instructions for Article 15 counseling for soldiers. A soldier reported that once stateside they saw several photos of Iraqi prisoners, and specifically Iraqi women, in custody and possibly in a state of undress. The matter was reported, investigated and these are the recommendations for counseling. This relates to ACLU RDI 64.

Doc_type: 
Legal Memo
Doc_date: 
Friday, October 10, 2003
Doc_rel_date: 
Sunday, May 15, 2005
Doc_text: 

19 la b (3)

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION DC, Kuwait Field Office
APO AE 09889

REPLY TO
ATTENTION 'OF:

AFRD-JA-TDS 10 November 2003
MEMORANDUM FOR RECORD
SUBJECT: Article 15 Scheduling/Counseling
1. Article 15 counseling is conducted every Monday, Wednesday, & Friday afternoon at 1300 hours. Units are encouraged to call at least 24 hours in advance as a professional courtesy, and to ensure that designated counseling days have not been reschedule due to other mission requirements. However, all soldiers who arrive at or prior to 1300 hours will receive the Article 15 briefing. Soldiers are expected to have, in hand, a complete
copy of the Article 15 packet to include DA Form 2627, DA Form 268 and
ALL

OTHER SUPPORTING DOCUMENTS.
Article 15 briefings are conducted afthe
Trial Defense Service, Kuwait Field Office, located at Bldg. 28, Room 105, Camp Doha,
2.
If a units mission or lack of transportation renders them unable to provided the soldier the opportunity to receive the briefing in person, a complete copy of the packet may e
b
faxed to the TDS Office at 011-965468-6718/ DSN: 438-6718 or scanned and email
to
or coordination of telephonic counseling.
3.
Soldiers in remote locations that are unable to received counseling in person and whose unit lack the means of providing counsel a copy of the Article 15 packet for review, will receive telephonic counseling on a case by case basis at the discretion of the

4.
Questions or comments regarding this memorandum, may be forwarded to

counseling attorney.
forwarded
Defense Service, Kuwait Field Office at DSN:
ORIGINAL SIGNED

FOR OFFICIAL USE ONLY
C 0 38 7 EXHIBIT, -
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION IX, Kuwait Field Office
APO AE 09889

REPLY TO
ATTENTION OF:

0034:-04 -C1_03Z
4Q2
AFRD-JA-TDS.
11 December 2003
MEMORANDUM FOR RECORD
'SUBJECT: Administrative Separation Counseling
1.
Administrative Separation Counseling is conducted every Saturday by appointment.
Units are encouraged to call and schedule an appointment within 24 hours of receiving
the completed Chapter packet from their supporting SJA Office.

2.
At the time of their appointment, soldiers are expected to have, in hand, a property
prepared and arranged copy of the Administrative Separation Action, to include:

a) A signed Memorandum of Notification from the Commander (stating the
recommended characterization of discharge)

b) Memorandum of Acknowledgement of Receipt (w/ Disclosure Requirement)
c) Election of Rights (tailored to soldiers time in service & or characterization of
discharge recommended, 11;f applicable)

d) Commander's Report.
3. All packets should be legally sufficient IAW the requirement of the proposed chapter
of separation under AR 635-200, i.e. Chps 5-17, 13, 14-12a, 14-12b, 15, 18

1-16 Counseling-AT LEAST ONE formal counseling session is required beforeseparation proceedings may be initiated for one or more of the reasons specified in 1-16a. In addition, there must be evidence that the soldier's deficiencies continued after the initial formal counseling (at least one documented incident after the 1-16
counseling.)
4. IAW AR 635-200, Para. 1-16d: Waiver of the counseling requirement IS NOT
AUTHORIZED. Below is an example of language that when utilized on DA Form 4856may suffice for the purpose of 1-16 counseling:
You are advised that separation may be initiated against you under the provisions of
Army Regulation 635-200, Chapter 5-17 (Other designated physical or mental
conditions); Chapter 13 (Unsatisfactory Performance); Chapter 14-12a/14-12b (Minor
Disciplinary Infractions/Pattern of Misconduct); Chapter 15 (Homosexual Conduct);
Chapter 18 (Failure to Meet Body Fat Standards), if this behavior/conduct continues. If

008388

FOR OFFICIAL. USE ONLY EXHIBrT
ARFD-JA-TDS
• b(‘)/ h0
SUBJECT: Administrative Separation Counseling 003 4:_-047C I D35Z64
separated, you could receive an Honorable, General (under honorable conditions), or
under Other Than Honorable conditions discharge or characterization of service, or an
entry level separation (uncharacterized discharge), if
.authorized. If separated with less
than an Honorable discharge/characterization, you could encounter substantial prejudice

in civilian life, and it may affect civilian employment, veterans' benefits, and related
matters. It is unlikely that you would be successful in any attempt to have the character
of your discharge changed.
5.
Additional requirements to the following Administrative Separation Actions include
but is not limited to:
Chapter
Physical Evaluation
Mental Evaluation
5-17
No
Yes
13
Yes
Yes
14 — 12a
Yes
Yes
14— 12b
Yes
Yes
14 — 12c
Yes
Yes
15
Yes
Yes
18
Yes
No
chapter packets will contain the following information:
a) A copy of soldiers ERB/DA Form 2-I
b) A copy of soldier's individual and/or unit orders
c) Any record of failed rehabilitative counseling
d) Any record of trial by courts martial
e) Any record of non-judicial punishment
0 Any record of other derogatory data (other than Art15 & CM).

7.
Packets may be dropped off to the TDS office on the Friday before the scheduled appointment, or hand carried at the time of the appointment by an escort.
8. Questions or comments regarding this memorandum, may be forwarded Trial Defense Service, Kuwait Field Office at DSN: 111j11.
ORIGINAL SIGNED
FOR OFFICIAL USE2ONLY
ExHorr
DOD 007013
t -0 L3
RECORDZ
ROCEEDINGS UNDER ARTIC
For 5, UCMJ
of this form, see AR 27-10; the proponent agency is
See Notes on Reverse Be
ore Com lettn Form 034 04:7C 0352.2_1/v0
GRADE SSN UNIT PAY (Basic & Sea/Foreign)
I am
consicierin w ther you shou be punished under Article 15, CMJ, or e ollowing misconduct: I In that youhaving knowledge of a lawful order issued by the 310t h MP BN (UR) Standard Operating Procedures (SOP),
anuary 3, to wit: Appendix 6 (Rules of Interaction) to Annex G (Operations) of 310 th MP EN (UR) TACSOP Rules of
Interaction-compound I.To treat all Internees with respect, 2. Respect religious articles and materials,
SEE CONTINUATION SKEET)
_
2. Y are not required to make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-martial. You have several rights under this Article 15 proceeding. First I want you to understand that I have not yet made a decision whether or
not you will be punished. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the offense(s). You may ordinarily have an open hearing before me. You may request a person to speak on your behalf'. You may present
witnesses or other evidence to show why you shouldn't be punished at all of extenuation and mitigation). (matters of defense) or why punishment should be very light (matters
I will consider everything you present before deciding whether I will impose punishment or the type and amountof punishment I will impose. 2/
If you do not want me to dispose of this report of misconduct under Article 15, you have the right to mand
trial by court-martial instead, 3/
-In deciding what you want to do you have the right to consult with legal counsel located at
Camp Doha, Kuwait
You now have 48 hours to decide what 4/

DATE ilfetv .997
NAME, GRADE, AND ORGANIZATION OF COMMANDER
"ME
3. Having been afforded e opportunity to consult with counsel, my decision are as follows:
a. El I demand trial by court-martial. (Initial proprzate blocks; date, and si
b. El I do not demand trial by court-martial and in the Article 15 proceedings:
(1) I request the hearing be El Open El Closed. (2) A person to speak in my behalf
_(3) Matters in defense,-mitigation, and/or extenuation: CI Are not presented . Is . Is not requested.

uteUE . Will be presented in erson
1 p
El Are attached. SIGNATURE
NAME AND GRADE OF SERVICE MEMBER
4. In a(n) I:3 Open
, Closed hearing - all matters presented in defense, mitigation, and/or extenuation, having been considered, the

following punishment is imposed: 5/
5. I direct the original DA Form 2627 be filed in the CI Performance fiche D Restricted fiche of the OMPF. b/t)6. You are advised of your right to appeal to the
Cdr, 31011' MP BN
time within 5 calendar days. An appeal made after that
DATEmay be rejected as untimely. Punishment is effective immediately unless otherwise stated above.
NAME, GRADE, AND ORGANIZATION

MMANDER
SIGNATURE
I
7. (Initial appropriate b oc.
1
e, an sign)
a. CI I do not appeal b. . I appeal and do not submit additional matters t'2'
DATE EI I appeal and submit additional matters
I NAME AND GRADE OF SERVICE MEMBER "
SIGNATURE the
8. I have consideredapp and it is my opinion that:
DATE I NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
I
9. After consideration of all matters presented in appeal, the appeal is:
El Denied CI Granted as follows: lot
DATE
I
SIGNATURE
10. I have seen the action taken on my appeal. DATE
I SIGNATURE OF SERVICE MEMBER
I
I. ALLIED DOCUMENTS AND/OR COMMENTS 11/1211-4/
C/M

1.
DA Form 4856, dtd 12 Feb 04
2.
DA Form 2823, dtd 10 Feb 04

3.

Significant Activities Sheet, dtd 10 Feb 04
DA FORM 2627, AUG 84 (EG)

EDITION OF NOV 82 IS OBSOLETE

ORIGINAL

FOR OFFICIAL USE ONLY
EXHIBIT , 9
003 4 70 4 - C ID 35 2 7_ 6 4021

Iraq APO AE 093 5
Item 1, continued:
3. Do not make obscure gesture; 4. Do not make derogatory remarks or political
comments about Internees and their cause etc.", and order which was your duty to obey, did at The Internment Facility located at
Iraq, on or about 10 February
2004, fail to obey the same by wrongfully displaying the symbolic of the "Star of David", and threatening the detainee. You were also very disrespectful in gestures, which in turn insulted the Arabs that were present at the time. This is in violation of Article 92, UCM.I.

FOR OFFICIAL USE ONLY C08391. 23
EXHIBIT
b (0i 14)
0034.:-.010352:7 6
DEPARTMENT ORTHE ARMY
HEADQUARTERS, 310Th MIUTARY POLICE BATTALION
CAMP BUCCA, IRAQ
APO AE 09375

REPLY TO
ATTENTION OF

MEMORANDUM FOR CDR, 310th Military Police Battalion, Camp Bucca, Iraq 09375
SUBJECT: Waiver of right to seek legal counsel regarding Article 15 punishment
1.
I hereby waive my right to seek legal counsel from the Trial Defense Service
regarding the Article 15 imposed on (DATE)

by ani I 10(0-Z
understand that by waiving my right, I am authorizing the Company Commander to 6forward with the Article 15 proceedings as if I had received counsel:
2.
I understand that I am not giving up any of my rights as outlined in the Manual for etIttrts-Martial. I am only waiving my right to seek legal counsel regarding any matters in defense; extenuation, or mitigation that I might be able to submit in regard to the
offenses with which I have been charted.
iffiranie Wc)

FOR OFFICIAL USE ONLY 0 08392 -_.
EXHIBIT.
-
2 4
• (a1W

Trial Defense Information Sheet 0034z 0
4-C.035 27:64o;
The purpose of this information sheet ig to provide an understanding of the
Trial Defense Services and help them to decide whether or not they will choose to waive
their visit. Please note that this information sheet is in no way meant to discourage the
soldier from their right to Trial Defense Services and legal review by an attorney.

1. At Trial Defense Services (TDS) you will be informed of your right to demand trial by
Courts-Martial as stated on the Article 15 (DA Form 2627) that was read to you. This
means that you can choose to reject the Article 15 in favor of a Courts-Martial convened

by a third party, usually an 04 or above. The 04 will hear your case and adjudge a
sentence to you if found guilty of the charges brought forth. However, the punishments

increase on Courts-Martial.
2. You will also be informed of your right to appeal, also as stated on your Article 15.
An appeal means that you request the punishment to be reviewed by the next higher

authority. You may submit additional matters on your behalf at this point if you so
choose.
If you have any further questions that you feel have not been answered, you
choose to request a visit with the TDS Attorney who can provide these answers. may
. -

POC for this sheet is aililluniips-i Shop b(6) -2- b(3)
FOR OFFICIAL USE ONLY 003393 EXHIBITZ2 5

DOD 007017
NOTES
11 00 34-047CO352.-64 Insert a concise statement of each offense in terms stating a specific violation an
space is needed, use d the Article of the UCMJ (Part IV, MCA4)•
item11 or continuation sheets as described in note 11 below.If additional
Inform the member of the maximum punishment which may be imposed tinder Article 15.
3/ .•
Inform the member that if he or she demands trial, trial could be by SCM, SPCM, or GCM. Additionally, inform the member that
she may object to trial by SCM and he or
that at SPCM or GCM he or she would be entitled to be represented by qualified mill
by civilian counsel at no expense to the govermnent. If the member is attached tary counsel, or
refuse Article 15 punishment. In such cases to or embarked in a vessel, he or she is not permitted
ed toreference to a demand for trial will be lined out and an appropriate remar peitem 11 indicating the official name of the vessel and that the member k will be made inwas imposed.
was attached to or embarked in the vessel at the time punishment
4/ Give the member copy 5 of this form.
5/
Offenses determined not to have been conunitted will be lined out. If the imposing commander decides not to impose an punish
member will be notified and all copies of this form destroyed_ y merit, the
Amounts of forfeitures of pay will be rounded off to the next lower whole dollar. If a punishment is suspended, the following statement
should be added after to To be automatically remitted if not vacated beforereprimand, it will be attached to this form and listed in item 11. (date). If punishment includes a written admonition or
21
The imposing commander will initial theappropriate block. The OMPF performance fiche is routinely used by MOS/specialty career managers and DA selection boards. The OMPF restricted fiche is not given to MOS/specialty career managers or DA selection boards
without approval of the Cdr, MILPERCEN or selection board proponent.
-41 If the me appeals, this form and all written evidence considered b the i
authority. y mposing commander will be forwarded to the superior
9/
• Before acting on an appeal, it must be referred to a judgaadvocate for advice when the punishment, whether or not suspended, includes reduction or one or more pay grades from the fourth or a higher pay grade, or is in excess of one of the following: 7 days arrest in quarters,
7 days correctional custody, 7 days forfeiture of pay, or 14 days of either extra duties or restriction.
10/ (See Article 15e(1) to (7). UCMJ.)

The superior authority will initial the appropriate blocic If the appeal is granted, the specific relief granted will be stated according tonote 12.
1/ In this space
indicate the number of pages attached as follows: Allied documents on appeal
consist of
pages. Allied documents
include all written matters considered by the imposing commander submitted by the member on appeal and the commander's rebuttal, if
applicable. If additional space is needed for completion of any item(s), use plain bond headed "Continuation Sheet 1", etc.
lar
Applicable portions of the following format may be used to record action taken on appeal. Appropriate language should be entered in

item 11 or, if necessary, on a continuation sheet. Supplementary actions
(para 3-38, AR 27-10) will be recorded en DA Form 2627-2.
Suspension, Mitigation, Remission, or Setting Aside

On (date), the punishment(s) of --(DATE)
imposed on
(date of punishment (was) (were) (suspended and will be automatically remitted if not vacated before (date (set aside, and all rights, privileges, and property affected restored) (by my order) (by order of) (the officer who imposed)) (miti to) (the successor in command to the imposing commander) (as superior authority). the punishment) .
(as nt)
(Typed name, grade, and organization of commander).
1st
13/
Racial/ethnic identifiers will be placed in Item 11
(Chapter 15, AR 27-10).
Reverse of DA Form 2627, Aug 84

FOR OFFICIAL USE ONLY
003394
EXHIBIT 9 e

Doc_nid: 
3466
Doc_type_num: 
62