Army Memo re: Up-date on Article 32 Investigation of Officer Accused of Detainee Abuse

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Army Memo re: Up-date on Article 32 Investigation of Officer Accused of Detainee Abuse

Doc_type: 
Non-legal Memo
Doc_rel_date: 
Sunday, May 15, 2005
Doc_text: 

I was able to reach LTC..1 SJA, 4th ID today.
Here are the facts that he relayed:
The Article 32 Investigation on LTC.' lasted two full days. The government presented all their evidence. There were about 10 members of the media present for the entire hearing. The summarized transcript is bein pre ared and the 173rd Bde Commander is awaiting
the report of the investi ating officer. LTC _was represented by detailed military counsel
and a LTC(Ret)_a former USMC JA._
(I'YQ S7((.10Y-0 a / (LX --a_ The case will be processed like all other UCMJ cases. As a senior leader and field commander, the 173rd Bde Cdr, a Colonel, will have multiple options to consider ranging from dismissal of the charges to recommendation of a general courts-martial. It is improper for headquarters officials or others in the government to attempt to influence these decisions. There was no AR 15-6 investigation in this case. Rather, the 4th Infantry Division Commander directed one of his assistant division commanders to do a "Commander's inquiry" (authorized under RCM 303) to look into a complaint by one of LTC _battery 1SGs._
(b)(1-)_ giO SkI)(-7(C)The 1SG's complaints were fo sed on the command climate of the division artillery, a high echelon unit above LTC _(and the 1SG's) battalion. 61-6(c)-S. / 00V° -here was a minor mention in the complaint about alleged rough handling of a detainee by LTC mgand alleged rough handling of another detainee by a Macedonia Platoon that is part of the 4th ID Task Force. ( 10-1.0 -SW-A(C)-g
(61.6) -5-The Commander's In_y was thus focused on three parts: The alleged poor comm d climate of a unit (not_battalion), the alleged rough handling of a prisoner by LTC_, and the alleged rough handling of the other detainee by the Macedonia platoon.
There were only 6-7 statements obtained in the commander's inquiry. They were all related to the incident involving the detainee questioned by LTC _When it appeared criminal action might be involved, the assistant division commander turne ver the statements to the staff judge advocate, and they were then turned over to CID to start a crime 1 inquiry. The will be part of the final CID ROI - which is still pending.
13 --lyc)_S
No further statements were obtained regarding any parts of the commander's inquiry. The alleged rough handling of a detainee by the Macedonia platoon and the alleged poor command climate of another unit were inquired into and handled by the senior leaders of the 4th ID. Those matters are considered closed.
The 4th ID's focus is on the on-going military operations in Iraq.
8056
DOD 006714

Doc_nid: 
3389
Doc_type_num: 
63