Army Memo re: Dismissal of Court-Martial Charges in Preference of a Guilty Plea to an Article 15 re: Abuse of Detainees

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This Memo from the Army is dismissing, with prejudice, charges brought in a Court-Martial proceeding in exchange for the soldier pleading guilty to two (2) charges brought in an Article 15 proceeding. The investigation was in regards to allegations that a soldier pointed his weapon at a detainee and said "Bang" or words to that effect, and that he struck a detainee in the face with his hand, and an admission of punching the detainee and stomping his feet.

Doc_type: 
Legal Memo
Doc_date: 
Thursday, October 16, 2003
Doc_rel_date: 
Tuesday, March 22, 2005
Doc_text: 

,_
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For use of this Form, see AR 27-10; the proponent agency is TJAG. .14... EP )b( 6i
' See Notes on Reverse Before Completi Farm .
iti GRADE SSN UNI PAY (Elbsic 4 Sear/Foreign) ' '

$1,356.90
I_ I am considering whether you s ould be punishe under Article 15, MCMI, for the following misconduct: if
I hat ou di at or near Baghdad, Iraq, on or about 21 June 2003, unlaw€ully strike
in the face with your hand. This is in violation of Article 128,
U M.T.

2. You 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 court­martial. 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 (matters of defense) or why punishment should be very light
(matters of extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the
type and amount of punishment I will impose. 11 If you do not want me to dispose of this report of misconduct under Article 15, you have
the right to demand trial by court-martial instead. Ft In deciding what you want to do you have the right to consult with legal counsel
located at 14, W, F 0900-1230 & 1400-1730 hours, TOS, . You now-have 48 hours to decide what you want to do. V

Baghdad International Airport
DATE Ole c4-03 NAME, GRADE, AND ORGANIZATION OF COMMANDER TU
TIME
i
3. H v n been afforded the opportunity 40 consult with counsel, my decision are as follows: (initial appropriate blocks, date, and sign)
a. I demand trial by court-martial.
b.' I do not demand trial by court-martial and in the Article 15 proceedings:

(1)
I request the hearing be 111:1 Open I j Closed A person to speak in in befialfi. Is 171 Is not re nested.

(3)
Matters in defense, mitig on, and/or extenuation: Are not presented presented in person-. Are

attached_
DATE NAME AND GRADE OF SERVICE MEMBER
0610
4. In a(n) ' Open [ I Closed hearing all matters presented in defense, mitigation, an or extenuation, having been
considered, the following punishment is imposed:2/V

Reduction to Private (El); forfeiture of $575.00 pay per
month for two

months, suspended, to be automatically remitted if not vacated before29 April 2004,
11
I 1 1 PeFfer-man-ere--Vieho Eli I • ,
6. You are advised of your right to appeal to the Cdr, 1 st AD within 5 calendar days. An appeal made after that
time may be rejected as untimely. Punishment is effective immediate] unless otherwise stated abov

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER

appropriate 1.111111111111111114—
7. in '111b oc , date, an1.sign
-., I do not appeal' b. r----i appeal and do not submit additional matters/1 '2f c. 1 I I appeal and submit additional
frav

DATE
NAME AND GRADE OF SERVICE MEMBER •-)._.,k tE)CT ?o:r
8. I have considered the appeal and it is my opinion that:
DATE
NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
9. After consideration of all matters presented in appeal, the appeal is:
Denied 1 I Granted as follows: Lt

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER T SIGNATURE
DATE SIGNATURE OF SERVI CE MEMBER
10. i have seen the action taken on my appeal.
I I. AWED DOCUMENTS AND/OR COMMENTS -" AS/Pf
CID Report with sworn statements and rights advisements(ai ) , DA Form 268, and ERB.

_
EDITION OF NOV 82 IS OBSOLETE
DA FORM 2627, AUG 84 (EG) ORIGINAL
00192u
r7g DODDOA 027333
DEPARTMENT OF THE ARMY
HEADQUARTERS
3RD BRIGADE, 1 St ARMORED DIVISION
BAGHDAD, IRAQ APO AE 09324

AFZN-BB-CO DATE: 1_,( 60,93
MEMORANDUM OF AGREEMENT
THRU Commander, 0 AE 09324
Commander, O AE 09324

FOR PF ¦
APO AE 09324
SUBJECT: Dismissal of the Court-Martial Charges Preferred on 18 September 2003.
In the case of111=111111111.11the Char es and their Specifications are hereby dismissed with
j o

pre udice to the 1vernment conditioned o eading guilty under the provisions of Article 15 to the Charge: Violation of the UCM3 Article 128 a eel ca 'on: "In that you did, at or near Baghdad, Iraq, on or about 2I June 2003, unlawfully strik 'n the face with your hand" and further conditioned o
iliellikestifying truthfully at all subsequent pretrial investigations and court-martials in the case o
1111111111
ommanding
Trial Defense Counsel
001921
DODDOA 027334
CHARGE SHEET
1. PERSONAL DATA
I. NAME OF ACCUSED (Lam. First. Middle Initial) 2. SSN 3. GRADE OR RANK 4. PA Y GRA DE
11111.111.1111.11 PFC E3
5. UNIT OR ORGANIZATION b. CURRENT SERVICE
a. INITIAL DATE b. TERM
APO AE 09324 20020128 3 years
1. PAY PER. MONTH 8. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED

' a BASIC b. SWOREIGN DUTY c. TOTAL
$1,356.90 $1,356.90 None
U. CHARGES AND SPECIFICATIONS
0. CHARGE VIOLATION OF THE UCMJ, ARTICLE 93.
THE SPECIFICATION: In that at or near Baghdad, Aq, on or about 21 June 2003, was cruel toward a person su pc to is orders, by pointing a pistol atillialliand saying: "Bang!", or words to that effect.
CHARGE VIOLATION OF THE UCMJ, ARTICLE 128.
THE SPECIFICATION: In that , did, at or near
Baghdad, Iraq, on or about 21 June 2003, unlawfully strike 'n the face with his hand.

I a. NAME OF ACCUSER (Last, First. Middle lethal) ACCUSER
4•111•111111
SIGMA
AFFIDAVIT: Before me, the undersigned authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this ,,r day of 5,p-itr4c..A.--, 2-0.1) 3 and signed the foregoing charges and specifications under oath
,
that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has persona! 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.

Typed Name of Officer. Organization of Officer
111111111111111
Grade Official Capacity to Administer Oath
(See R.C.M. 307(b) - must be a commissioned officer)
Signature
Ct FORM , MAY 2000 PREVIOUS EDITION IS OBSOLETE.

DODDOA 027335

'12.
On 20 Se bar .2orts the accused was informed of the charges against him/her and of the name(s) of the accuser(s) known to me
(See RCM. 308 (a)). fSee R.C.M. 308 ifnorifrcation cannot be made.) TypedWYa,110 of Immediate Commander Organization of Immediate Commander
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
The sworn charges were received at i5V° hours, ;20 SCir 2c 12 3 at
Lscaosnorsurr uy .1—flif.r.f.. EAT
Officer ExercisingSummaryCourt-iliartiol 'Jurisdiction (See li.C. M. 403)
FOR-144E
(.1_______1111111111111111111111,_
Typed Name of Officer Official aparity of Officer Signing WI
V. REFERRAL; SERVICE OF CHARGES 4a. DESIGNATION OF COMMAND OF CON VENING AUTHORITY b. PLACE c. DATE (YYYYM DD)
Referred for Vial to the court-martial convened by
• , subject to the following instructions: 2
C ..' By of
Command or Order
Typed Name of Officer Official Capacity of Officer Signing
Grade
Signature
On , I (caused to be) served a copy hereof on (each of) the above named accused.

Typed Name of Trial Counsel Grade ora
ln of Trial Counsel
Signature
FOOTNOTES: 1 — When an appropriate commander signs personally, inapplicable words are stricken.
2 — See E.G. &f. 601(e) concerning instructions. If none, so slate. i \

_... an ft
FORM 458 (RACK), MAY 2000
DODDOA 027336

COURT-MARTIAL CHARGES TRANSMITTAL FORM ._.
._
PART I

TO: FROM: DATE: 20 Se'? 03
alliiMiliff
Court-Martial charges against the following named individual are forwarded as Enclosure 1. Witness statements, any evidence of previous misconduct (to include properly certified DA Forms 2627 and the accused's DA Form 2A and 2-1) are attached as Enclosure 2. Soldier is not pending chapter action UP AR 635-200.
N ME: RANK: SSBI:
Recommend: ( ) Summary Court-Martial ( ) Special Court-Martial
( ) BCD Special Court-Martial ( ) General Court-Martial
pa. Other Field • ,..bdc l

' .b
NAME OF COMMANDER SIGNATURE OF COMMANDER
PART H
FROM: DATE:
2-0 Sge a3
I have reviewed the attached charges, documents, and Artic e i applicable) and (recommend)(direct): ( ) Summary Court-Martial ( ) Special Court-Martial
04 BCD Special Court-Martial ( ) General Court-Martial ( Other NAME OF COMMANDER SIGNATURE OF COMMANIER
PART III
TO: FROM: DATE:
I have reviewed the attached charges, documents, and Article 32 (if applicable) and (recornmend)(dkect): isf Summary CourtrMartialr__( ) Special Court-Martial
6/if-IN Op4,-.4 '51-4-teMe,-' i ( ) BCD Special Court-Martial ( ) General Court-Martial ( Other NAME OF COMMANDER ATURE OF CO MANDER
601924
DODDOA 027337
UNITED STATES
VS_
SERVICE OF DOCUMENTS ON T D S Baghdad, Iraq APO AE 09324
1. The following document was served on trial defense service at Fort Riley, KS
Chain of Command transmittals Enlisted Records Brief
2. Service was accomplished at , 2002.
Receipt ackno
Signature
001925

DODDOA 027338

UNITED STATES
VS.
SERVICE OF DOCUMENTS 1112=1 ON T D Si ACCUSED
.
aghdad, Iraq APO AE 09324

. The following document was served on trial defense service at Fort Riley, KS
Preferred Charge sheet
Chain of Command transmittals
Enlisted Records Brief
Adverse Action Flag
Allied documents

2. Service was accomplished at
Military Paralegal •
Re led ed.
Signature
(g('///2/7,4,vJ
Fe/a///1. tRid", 7275e
Li 1 9266
DODDOA 027339
UNITED STATES
VS.
SERVICE OF DOCUMENTS
ON TD S
Baghdad, Iraq APO AE 09324
I. The following documents were served on the accused in Baghdad, Iraq
Preferred Charge sheet
Chain of Command transmittals -E-ni-istcd-Recorels-Brief __Aslizar-ge-zaretiag
Allied documents
2. Service was accomplished at , 2002.
Military Paralegal
Receipt acknowledged.
at 3
Vtial De-cc-e-t-
Signatur z& T,t, oices
"L. d'k,c1 not-

of) Eit) Sr\ Paga,,,ck_ Reticle) q05
'
(-)192 r
at
DODDOA 027340

. (1)JO)

RECORD OF .PROCEEDINGS UNDER ARTICLE 15, UCMJ
For use of this term, see AR 27-10: the proponent agency is TJAG.
See Notes on Reverse Be ore Corn letin Form
NAME GRADE SSN UNIT FAY tessic & SeerareigrO
$1,903.50 cari) 0:_
11111111.1111111111111. II. 4 I I I I I 111 I I I I I I I I Ib Baghdad, Iraq APO AE
I. I am considering whether you should be punished under Article 15, 13CM/, for the following misconduct: u
In that you, did, at or near Baghdad, Iraq ,_on on about 25 October 2003, violate a lawful general order .to wit:paragraph 3.E.(5), FRAGO 383A to OPORD 03-215 (Iron Stability), dated 21 hi!), 2003, lay wrongfuly
slapping punching, and stomping on detainee's bare feet in your custody. This is in violation of Article 92,g
, i -
U 3.
2. You are not required to make any statements, but if you do, they may he 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 (matters of defense) or why punishment should be very light (matters of extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the type and amount of punishment I will impose. V If you do not want me to dispose of this report of misconduct under Article I5, you have the right to demand trial by court-martial instead. 1' In deciding what you want to do you have the right to consult with legal counsel located at Baghdad International. Airport ..You now have 48 hours to decide what you want to do. !
--..-----.. DATE,41 .3.?".c.. ii_,S • NAME, GRADE. AND ORGANIZATION OF COMMANDER_ S_
TIME /4.-: "-%('‘ ..
,
3. tlayr_ anitia • -7-s o
t; been afforded the opportunity to consult with counsel, my decision are as follows:
a.
1-1 I demand trial by court-martial.

b.
NM I do not demand trial by court-martial and in the Article 15 proceedings:

(1)
[ request the hearing be 1 Open piClosed. 2 A person to speak in iiiiiifippIs 1 1 Is not reAt.d.

(3)
Matters in defense, mitigation, and/or ex enua on: Are not presented resented in person F--1 Are attached_

DATE NAME AND GRADE OF SERVICE MEMBER_ SIG t :.
241 Oct: 0 3 ,
4. In a(n) 1 1 Open L i Closed hearing II all matters presented in defense, mitigation, and/or extenuation, aving been considered, the following punishment is imposed: 1"i
Found not guilty by battalion commander
5. 1 direct the original DA Form 2627 be filed in the 1 Performance fiche I-1 Restricted fiche of the OMPF. 71
6: You are advised of your right to appeal to the Cdr, within 5 calendar days. An appeal made after that
time ma be reected as untimel . Punishment is effective immediatel unless otherwise stated above DATE NA _ t:,, GRAD.: Mitt ORGANIZATION OF COMMANDER
7. ( it' /a propriate block, date, and sign)
a_ do not appeal b_ 1 1 I appeal and do not submit additional matters /ill/ c. I 1 1 appeal and submit additional matterstI V
DATE_ NAME AND. GRADE OF SERVICE MEMBER
vs i an 0 m/
8. 1 have considered the appeal and it is my opinion that: —
DATE NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
9. After consideration of all matters presented in appeal, the appeal is:1-----1 Denied [ I Granted as follows: 4
DATE NAME, GRADE. AND ORGANIZATION OF COMMANDER SIGNATURE
DATE SIGNATURE OF SERVICE MEMBER
10. 1 have seen the action taken on my appeal. '
11. ALLIED DOCUMENTS AND/OR COMMENTS wiz'll'
Facts and exhibits from 15-6 Investigation, DA Form 268, ERB

EDITION OF NOV d2 IS OBSOLETE
3A FORM 2627, AUG 84 (EG) _ ORIGINAL
‘.i019 28
I DODDOA 027341
NOTES
Insert a concise statement of each offense in terms stating a specific violation and the Article of the 1./CM1 (Part IV.bIf additional space is needed, use item II or continuation sheets as described in note I I below.
. Inform the member of the maximum punishment which may be imposed under Article 15.
. Inform the member that if be or she demands trial, trial could be by SCM, SPCM, or GCM. Additionally, inform the member that he or she may object to trial by SCM and that at SPCM or GCM he or she would be entitled to be represented by qualified military counsel, or by civilian counsel at no expense to the government. If the member is attached to or embarked in a vessel, he or she is not permitted to refuse Article 15 punishment. In such cases, all reference to a demand for trial will be lined out and an appropriate remark will be made in item 11 indicating the official name of the vessel and that the member was attached to or embarked in the vessel at the time punishment was imposed.
V Give the member copy 5 of this form.
• Offenses determined not to have been committed will be lined out If the imposing commander decides not to impose any punishment, the•member will be notified and all copies of this form destroyed.
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 before (date), If punishment includes a written admonition or reprimand, it will be attached to this form and listed in item I I.
The imposing commander will initial the appropriate 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.
f If the member appeals, this form and all written evidence considered by the imposing commander will be forwarded to the superior
authority.

Before acting on an appeal, it must be referred to a judge advocate 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. (See Article 15e(1) to (7).
The superior authority will initial the appropriate block_ If the appeal is granted, the specific relief granted will be stated according to
note 12.
f 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.
Applicable portions of the following format may be used to record action taken on appeal. Appropriate language should be entered in
item I I or, if necessary, on a continuation sheet. Supplementary actions (porn 3-38. AR 27-10) will be recorded on DA Form 2627-2.
Suspension, Mitigation, Remission, or Setting Aside
(DATE) On (date), the punishment(s) of imposed on (date of punishment) (was) (were) (suspended and will be automatically remitted if nM vacated before (date)) (mitigated to) (set aside, and all rights, privileges, and property affected restored) (by my order) (by order of) (the officer who imposed the punishment) (the successor in command to the imposing commander) (as superior authority).
(Typed name, grade, and organization of commander)b 151
Racial/ethnic identifiers will be placed in Item 11 (Chapter 15, AR 27-10).
erse of DA Form 2627, Aug 84
n
%) 019 29
DODDOA 02734
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L
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Oitce._ ce,cej ,tee le c_cW
ri3irit lej boLck. It Ke tie was 500vict. kick Me,
,re----t_50 ,1 I. firiptijkt tho4; tiuct5 LeccuU5e //ad

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-of the- z;1.3 S trie5 but PevhY5 e__ 5Qt ck clot vice to see {Jhai tilepr/sc:w ers}
do vito .4)., Cr ove r-co,ctibv.L Ike T./0 G€ sckid t 1/1c -5.6tfernent 1114 f tiihtevi vp.e prisoner
u Ifs
;A-31‘'ck i vL ro,ct upas Ihe &fps( Lokreyi
301930
DODDOA 027343
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(3u0A toms v:iidefsioaq/ the (-/-(.,)ct flop &(n7/ mci. de
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rah h co 04-4
Lvocri .5Tottement re.„1 ia„lechcqj r e or -I-in dikh 1. 'a if s.„y5 thq.1--.f6rui5 e5 were Pcpu461„ c o
3w co el /11;5 6e ev.,-daqcc d F a becieli hicif suppose/y
o k pI C e r 01n hour tkitiev in. -Rd-Lye mere Nere for abo ut -/ 0 rfriirtufes
301931
DODDOA 027344
DEPARTMENT OF THE ARMY
HEADQUARTERS.
BAGHDAD, IRAQ APO -AE 0324
RHO IQ­rroff new Or
8 January 2004
MEMORANDUM FOR Record SUBJECT: Field Grade Article 15 for
1. The following factors were considered during the Article 15 proceedings. These factors were not part of the original investigation that initiated the proceedings:
a. Statement submitted by11111111 The statement indicated the following:
(1)
Admission of punching the detainee and stomping his feet.

(2)
Explanation of the use of force -was threatened by the actions of the

ilpmi

i detainee he was attempting to escort. Speci 'Ca y, the detainee was h icall resisting his movement to the holding facility. The detainee was much larger than The detainee
enti 'erked his shoulde silt direction and was turning to face, resis , an possibly attack
Additionally, felt threatened when the detainee,cocked his leg back
was going to ell

b•• the first-line leader of the primary witness claiming detainee abuse ed as a witness to question the reliability of his accurac , and his a - o assess the events that occurred at the holding facility.
c. The entire chain of command depicte as a reserved, controlled, individual.
ad never displayed abusive beha t rin e past, in fact he always set the example in local nationals with dignity and respect, particularly during military operations.
#11ed on the above information I find no guilt regarding the charge of detainee abuse. felt threatened by the behavior of the detainee he was attempting to control, and ap red t e,appropriate amount of force to control the situation.
3.01111111111
menanding
41111111111111116

001932

PERSONAL FINANCIAL STATEMENT WORKSHEET •
NAME: ilimm _• 7 .fan 09.
DATE.
MONTHLY INCOME: Take Home Pay(Plus Allowances)Strus
ea'ti7til'ake Heosr Pay
' Other Regular Income
' LINE 1: Total Monthly Income
MONTHLY EXPENDITURES: Payment on Current Debts
ansIDPWChg AcctsRent Food Utilities(telephone, etc.) Insurance
$ i g9 . 00
$ AYA-

+ $ AV4
= $ 1, ' C(1. 00 $ 12a_00 - Nicty Beds
0 a00
,,,..
Fictster twa cc:torn
4 • 36 . 61_ i5-.cKlmi-4 Ewe
$ So- ov - crest it co.ra

$ N /A C t kw 5.;n s)
$ 30t . 00
'Moo-Phone.
$ i ‹f, F-;."i';g:c-girV:,,,evt,- c,cc.ss
20. oo-Home re.tC.1 A 1 Mal:EA .e $120.00 -Pole in,,,..%,,
Transportation & Auto Exp. $ 1 2'.00- Gets i trukiiittie.cc.
Car Payment $ "37Z.14
Child Care $ 7'g_ 0O-pre5ct4001(s. ,,i)
Other: Co,s uO..t ?ay +$ n of i'vi Glo ci eel. LNE 2: Total Monthly Expenditures =- $ I, 7 5ci_ a 3
ANNUAL EXPENDITURES: Major Purchases and Repairs $ N/A Clothing $ c‘ot t bl cii.,ded School Costs $ 360-00 Other: irwAktutsernG 00_ 00o, Y.ds.-s7v)+ $
LINE 3: Total Annual Expenditures (Divided by 12)
SUMMARY
Total Monthly Income (Amount on Line I)
Total Monthly Expenses (Amount on Lines 2 & 3)
Current Available Income
t incideA Caucl.t PcAy 100.00
Cloth inc, o r Ck;iciren w/A Phone. tekrci 35_00 cleci-nerS
30.00
$ i i `'l 00
-$ 1 $ 3 c1 13 $ 2S-17
00. 1933
DODDOA 027346
DEPAR lla ENT 0 T
APO, RE 09324
M. TO
AITENTIOIA OF

29 December 2003
l‘tE 0 UM FOR CommandednIMMINPONINOMMINIP
SUBJECT: R. est For NonpUnitive Measures 0, AE 09324
1.
Sir, as a defense counsel, I rarely write on the proper disposition of a case, but I feel compelled to do so in this case. I believe that this situation can be handled through administrative corrective measures and does not require the use of a Company Grade article 15, let alone a Field Grade Article 15.

2.
The Manual for Courts-Martial clearly states, "Commanders are responsible for good order and discipline in their commands. Generally, discipline can be maintained through effective leadership including, when necessary, administrative corrective measures. Nonjudicial punishment is ordinarily appropriate when administrative corrective rams es are inadequate due to the nature of the offense or the record of the servicemember." has been in the Army for almost 6 years and does not have any past Article 15's and not even a negative counseling statement. Furthermore, "Commanders should use nonpunitive measures to the fullest extent to further the efficiency the command before resorting to nonjudicial punishment?' AR 27710, paragraph 3-2. Paragraph 3-2 further states that "fnlonjudicial punishment may be imposed to - _Correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures?' Included among nonpunitive measures are: denial of pass or other privileges, counseling, administrative reprimands and admonitions and extra training.

3.
Non-punitive measures are appropriate for soldiers who have a good record in the company. However, the use of nonjudicial punishment would be More understandable if this action had (1) actually endangered a soldier or innocent b stander; andior (2) been the "last straw" in a series of poor judgment calls made by Further,11.1111tells me he is an exceptional soldier and you can confirm this with his squad and platoon leaders. He also informed me that his section was not clearly briefed as to the General Order that he allegedly violated nor the Rules of Engagement pertaining to detainees. I understand that ignorance is no defense however under the circumstanceallalictions were much more of being emotional about the situation and not harboring any malicious intent towards the detainees coupled with the fact that these detainees were apprehended with a large weapons cache and throwing grenades at U.S. soldiers.

u) I934
DODDOA 027347
ttl3ECT,11.1taridard of Proof and Request For Nonpunitive Measures AE 09324
4. Sir, in addition, unlike an E-4, an Article 15 imposed or 'Ube a permanent part of his file because you must determine whether to file it in his restricted or performance fiche. He also informed me that he is due to go to the promotion board sometime next month however due to the impending Article 15, he will more than likely lose e e to do so. That in and by itself is punishment enough. Therefore, if you believe that s a good soldier who has potential to continue in the Army, please weigh carefully the interests of the soldier's au= against those of the Army to produce and advance only the most qualified personnel for positions of leadership, trust and responsibility. Please take into account his age, grade, and total service.
S. I am usually a defense counsel in Germany and have heard from virtually every soldier in your battalion who has come to my office that you administer 1.10v1.1 issues in a fair and impartial manner. I would also like to state that I only write these types of memos °nail if there is an issue that believe needs to 'be brought to your attention. On behalf° I request that this article 15 be returned to the company for administrative corrective measures.
_ 6. For the above reasons, I request this matter should be disposed of by nonpunitive measures.
7. Respectfully submitted,
Defense Counsel
3&1935
-
DODDOA 027348
FACTS:
On 4 November 2003, the Brigade Legal Advisor provided me isdirective from'
an ARI5-6 investigation concerning possible detainee malty ent at
attalion Forward Operating Base. Within the packet w
uiry (Exhibit A). I reviewed the Commander's . Inquiry an found that '
gathered a sufficient amount of information to begin an investigation.
According to the Commander's Inquiry (Ex ibit A tthe followi i Ilaborated by several statements: On 25 October 2003 was responsible for escorting prisoners to the Detainee Facility located at the OB. At approximately 1400 on the 25 October, a 5-ton cargo with Six qt el escorted by tiny BFVs with crews, delivered the detainees to the 2-70 An-nor Detainee Facility. Soldiers from the escorted the. Detainees to the facility from the vehicle down load site_
In the statement (Exhibit. B) made by the facility guard, he observed five soldiers mistreat the Detainees. To clarify mistreat, tated the soldiers "started to slap the prisoners in the face and sock them tri the gut" and "stomped on grey shifted prisoners bare feet" (misspelled word were corrected from the statements to this document). •
l Armored Division's FRAGO 383A (Exhibit C) issues a General Order making it a military crime for Coalitions Forces and civilians accompanying the Force, to Maltreat persons in Iraq. In the Commander's Intent, he states that Maltreatment of Detainees in Iraq by I AD Forces during this mission is conduct prejudicial to good order and discipline. In paragraph 3.E.(5) maltreatment is defined by hitting, slapping, kicking, etc.
ConsideringIrmostatement (Exhibit B) and the Division's FRAGO 383A (Exhibit C), - er investigation is required to verify the names of the soldiers that were involved with the maltreatment and to find collaborating information that would confirm the maltreatment occurred_
statement, his spelling of the names matched no members of thee He provided in Exhibit D the following spellings:11Ni two more SPC that e could not err names. also e could identify the soldiers in a . Prior to my interview with explained to that I needed otos o si Platoon. Spe ica y p otos o names of soldiers involved wt t e etainee trans er mission. e as one o rs officers= provide me photos the following day.
Taking the Brigade Legal Advisor advice, f ins ed these four photos into four separate groups of six soldiers. The four soldiers frorrPlatoon were from Hispanic heritage; consequently, the majority of the soldiers that I included in the photo line-up were
301936

DODDOA 027349

riciiritage. Exhibits E, F, G and if are the photo line-ups presented to 111111
toD top center photo; the photo he selected is He stated, the soldier in the photo that he e following e ract etainees: "slap, punch, forearm shot to the gut, stomped on their bare feet with his boot?'
orn center photo; the photo he selected is
0 toott He stated, the solider in the photo that he
punch t in, slap them, an Shots to the gut."

111 Melya,41. Ile in Exhibits G and H; photo line-ups that tad Consequently, I eliminated theSe two soldiers from my investigation as posst e e suspects.
After 'review of the photo line-up, I asked him two more questions (Exhi . e stated one of nt.i gabbers present for the prisoner maltreatment had name lik -or some "rt like Person wad a big burly guy koked like a wrestler nam
• said this big burly guy was a member of the mortars.. I cal asked if theie was someone that fit the description according statement----he stated irrn
to erkwere not involved in e etatnee none had a name skull or and was big and burly.
I met with on 12 November 03, he showed me the detainee facility (Exhibit I). The in is ecated near the detainee facility, which may have had a gatruent or knew the soldiers involved. He i
had a similar name to that provided by Ver
build, I asked him if had any infonnati epticerriing the-event; iii which I was investi "d he had gate duty that day and knew the big burly soldier–his name is:
On 12 November, 1 vist d explained the purpose of my investigation: what had happened since his platoon was detach s a In fits conuriand at the e prisoner
va(kt a visit with his soldier n and his chain of
inal.treatment I r ql_­command. and his Platoon Geode "ye& at the Atlas FOB Headri t otters on the evening of 12 November— requested a lawyer and completed the forms DA 3881 (Exhibits K and L)_
I called the Brigade Legal Advisor to see if I coal dir . t t c (command to provide photos of all the soldiers in Platoon, said I had the authority.
30193 7

DODDOA 027350

Consequently, I directed to return to his CornpaggHeadquarters and inform his Commander that I would like photos of eve member in eft platoon, itand to call me if he had questions. That night, returned with photos o Platoon members.
I printed the photos on 15 pages (Exhibit M) and schedule a vi
11110111111,
14 Nove — 'ewed the photos and circled e wrote above the photo of hat "he was just tai e prisoners and just watching the prisone ak s w what was going on." also circled a photo of soldier named . he wt.° above thepicture " e was hitting, smacking, slapping and punching e prisoners." could net positively identify the fifth soldier that was present during the e inte Ma reatment (Exhibit N):
Exhibit 0, is Docto r statement, which said five detainees had red marking
on there wrist presuma ly left by the flex cuffs—two of the five detainees had numbness
in the 4th and 5th fingers. One detainee, ad tenderness to the
abdominal area. Another detainee, had tenderness to the jaw,
collarbone, and central abdomen.
Exhibits Pand Q are statements of two of the detainees. The statements are consistent
with statements in that four soldiers were hitting the detainees and one
soldier name -food to the side. The soldier g to the side is likely to
have been vvhich is consistent to statement.
• I had an interview with n12 Noyember.._and.request haracter xhi In brief,
states that is an asset to the company, honest, and has the desire fo o what is righ
as
INDEX OF EXHIBITS

• EXHIBIT AMINWagInquity

EXHIBIT I3-Statement by 1111111.11.11


EXHIBIT C: I s( AD FRAGO 383A


EXHIBIT 13- Statement by 1111111111, EXHIBIT E-Photo


EXHIBIT F- Photo line-up


EXHIBIT G- Photo line-up


EXHIBIT II- Photo line-up


EXHIBIT I-Statement by OM=


EXHIBIT 3-Photo of Detainee Facility at the FOB


EXHIP,IT K non-waiver of rights EXHIBIT LOOM non-waiver of rights


EXHIBIT M-Photos of latoon,


EXHIBIT N-Statement byell.111


01111111.medical examination of detainees


EXHIBIT P-Detainee statement—Millaiali


EXHIBIT Q-Detainee statement-01.111111


EXHIBIT R-Statement of Character for11111111111.

0 0 I. 9l'zk 9
DODDOA 027352
SWORN STATEMENT for use ot nos torm,
see AR 190-45" the Proponent agency is 00CSOPS
PRIVAC)( ACTpTATEMENT
AUTHORITY:
Title 10 USC Section 301; Title 5 USC Section12951; E.O. 9397 dated November 22. 1943

PRINCIPAL PURPOSE:
To provide commanders 1 (SSA'.
ROUTINE USES:

and law enforcement officials with means by which information Your social security numbermay be accurately
-
DISCLOSURE: is used as an additional/alien-tate means of identification to f acilitate filing and retrieval.Disclosure of your social security number is voluntary,
ATlO1l
3: TIME_4 FILE NUMBER
FGA
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N
S OF PERSO MAKIWSTATEMENT
PAGE i OF
PAGES
1011701VAL PAGES MUS T CONTAIN THE HEADING
-STA remeNi.
_ TAKEN AT
0.41(0E BOT rom or EACH A0011 IONA( PAGE MUST BEAT;.Fs?" BE BE INDicATEO. IN/rims or iHE NA'SON MAKING THE STATEMENT,
AND PAG! Numarn
FORM 2823. DEC 19.9G
OA
.1111 71. tS
if.

01 94°

DODDOA 027353

PRIVACY ALT STATEMENT
AUTRORITY: Title IC USC Section 301: Title 5 USC Section 2951; E0 S397 dated November 22, 1943 MAW. -
PRINCIPAL PURPOSE: To provide comm e:lets and law enforcement officials with means Fry wtich infannation may be accurately identified.
ROIFITNE USES: Tour social security number is used as aa adcRiarcatfafternate means of identification to I acilta te Mott and retrieval.
DISCLOSURE Oise:Inure et your social security number is *QUALM-

2. DATE trammed 3. TIME
2003/10125 1915
WANT TO MAKE NV FOLLOWING STATEMENT WEB OATH:
On the evening of 25 Oct 2003 at approximately 1845 IMPwho is the perform physical exams on some Iraqi Detainees which werebrought recently t su r went immediately down to the EPW Holding Area to examine them. They were brought o examined by me or the PA. The following is a summary of the significant physical findings per our examination.
5 of them had linear erythematous (red) markings on their wrists that were presumably left from the Flex-cuffs.
11111.1.1had subjective numbness of his left 4th and 5th fingers as well as epigastric (upper central) abdominal,ten druess to pa patron touch) without evidence of ecchymosis (bruising).
had tenderness to palpation but no ecchymosis of his left clavicle (collar bone), the right side of his mD1acD1e .cy nls lempetorandibular joint (jaw), and his periumbilical regio 1 a omen). He also had subjective numbness of his 4th and 5th fingers on his left hand. Before leaving, I had give him 800mg of Ibuprofen to help
treat his pain.
The above findings were verbally reported tog= who.then asked me to document the findings on this form_
S
10. EXHIBIT
400117ONAI PAGES MUST CONTAIN Off HEADING "S TATE -MAT OF TAKEN AT reo Borrom OF EACH 4110MONAt PAGE MOST SEAR nfir MINIS Of THE pfRs0AfklAnteG THE SPA IEAfENT. AND PAGE NUMBER MUST 8E RE INDICA TED.
OSAPA yi HO
IA FORM 2823. DEC 1898 04 FORM 2023. Jilt 12.IS OBSOLETE
DODDOA 027354

AFFIDAVIT
_ • HAVE READ OR HAVE HA( t READ TO ME THIS STATEMENT
WHICH $Er T) AGE

t Y UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
SY ME.
THE STATEMENT IS IMF. I HAVE INITIALED All 'CORRECTIONS ANO HAVE INITIALED TILE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. i HAVE MADE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT

WITNESSES: Subscnlei and swam to before me, a person authorized b y law to
adni&ster•oaths, this _ 2 _ day at 6
at

OR
re aiPersgrs Administering GlatM
rped
°KAMM i OR AODRE SS (Authority 1e Administer Oaths,
b
USsrP4 rt
LGE 3, NA FORM Ma DEC 14911

(3(x11.94r4
DODDOA 027355
SWORN STATEMENT
. For use of this form, see AR t 90.45; the proponent agency is ODCSOPS r
PRIVACY ACT STATEMENT
AUTHORITY:_Title 10 USC Section 301: Title 5 USC Section 2951;.E.O. 9397 dated November 22, 1943 (SSNA
PRINCIPAL PURPOSE:_To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES:_Your social security number is used as an additionaliakernatemeans of identification to facilitate filing and retrieval.
DISCLOSURE:_Disclosure of your social security number is voluntary.


I. .--• • -0.. 2. DATE fYYYYMMODI 3. TIME 4. FILE NUMBER
,.../ --(...r -' 76).c. i.* dfe) ..-q 5— .e.-7_Oe ]
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I. . WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
e-x=44 ._; : : ./I .
c .11111111.1111111111111)

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10.. EXHIBIT_ i I I . tAfi
ENT PAGE 1 OF PAGES
C
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT f TXIXE.'DATED
THE 807Tom OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED-
_
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE IfSAPA V 1 00
1. 0 194 '3
DODDOA 027356
_ TAKEN AT _ DATED
9_ STATEMENT (Continued)
AFFIDAVIT
_ , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE AND ENDS ON PAGE
_. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE _ CONTAINING THE STATEMENT_ I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE• 8_. _12LICENIENT,
r taitialure slag Statert*nti
WI. Subscribed and sworn to Wore me. a person authorized by law to
administer hs; this r day of
at
frrhisreiing Oath)
ORGANIZATION OR
OR ADDRESS (Authorit y Po AdministerOaths-1
INITIALS OF PERSON MAKING STATEMEN:
PAGE_ OF PAGES
PAGE 3, DA FORM 2823, DEC 1998 . USAPA V
0 19

DODDOA 02735

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS

PRIVACY-ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2351; E.O. 9397 dated November 22. 1943 ISSN!. PRINCIPAL PURPOSE: To provide commanders and law enforcementofficials with means by which information may be accurately ROUTINE USES: Your social security number is used as an additional/alternatemeans of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary.
OCATION 2_ DATE fYYYYMMOD) 3. TIME 4. FILE NUMBER 17— -1,Ac7r -c..-2 00 ca 3 o DU NAME 6. SSN 7. GRADE/STATUS
rET ir" : 4.1
• le •T
WANT TO MAKE THE FOI_LOWING STATEMENT UNDER OATH:l•
(-7s,'

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PAGE 1 OF PAGES

ADDIrtONAL PAGES MUST CONTAIN TI lE IfEADING "STATEMENT _ TAKEN A F DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR rift-INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BEINDICATED.

US APA V .raCt
DA FORM 2823. DEC 1998 DA FORM 7823. JUL 72. IS OBSOLETE
•- 0019-46

DODDOA 027358

TAKEN AT DATED
9. STATEMENT (Continued,
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHIC . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION. UNLAWFUL INFLUE EMENT.
(Signature of Person Making Statement'
Subscribed and sworn to before roe. a person authorized by taw Zo administer oaths. this day of at
ng Oath,
ype a er n ministering at
ORGANIZATION OR ADDRESS (Authority To Adi (star Oaths;
TIALS OF PERSON MAKING STATEMENT
PAGE OF PAGES
-E 3, DA FORM 2823, DEC 1998 USAPA V I.00

RIGHTS WARNING PROCEDUREMAIVER CERTIFICATE
• For use of this form. see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT .
,
AUTHORITY: Title 10. United States Code. Section 012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcementofficiais with means by which information may be accurately identif ied.
ROUTINE USES: Your Social Security Number is used as an additionalialtematerneans of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

2. DATE 3. TIME 4. FILE NO.
e.... ZSco MP3 Zi 00
, :-------11". .

8_ 0 • •
sz , I---
1-."‘¦. __.)
I • PART RIGHTS WAIVERiNON-WAIVERCERTIFICATE Section A. Rights
11.0.111
'
The investigator whose name appears below told me that he/she is with the United States Army ,

Illt&a I)--ai,'''Mra
, • 0
and wanted to question rile about the folk/Wing off se(slol.which I am suspectedfaccused: 4•••'‘.:i tt--i 1A-e __ de 4-
i,...e..,ktM"___IaL l I-
AD
Before he/she asked me any questions about the•offenseis#. however. he/she made it clear to me that I have the following rights!
1.
I do opt have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a•criminal Mal.

3.
{For personnel subject' ofhel1CMJ I have the right to talk privately to a lawyer before, during, and atter questioning and to have a lawyer pretent with me
during questioning. This lawyer can be a civilian lawyer I arrange !or at no expense to the Government or a military lawyer detailed far me at no expense to me.
or both.

(For civilians not subject to the UCMJ) I have Me right to talk privately 10 a lawyer before. during, and after questioning and to have a lawyer present with
me during questioning . . i understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lay.iyer
will be Appointed for me before any questioning begins.

4. If I am now willing to discuss the offensets) under investigation. with or without a lawyer present, I have a right to stop'answeri ng questions at any time. or speak privately with a Lawyer before answering further. even if I sign the waiver below.
5. COMMENTS /Continue on reverse side)
.
Section B. Waiver
I talderStareiray tights as stated abovei 3 am now wilting to discuss the offense s; under investigation and make a statement without talking to a lawyer firs and without having a lawyer present with me.
WITNESSES (lf available, SiGNA TORE OF MITERV/EWEE
la. NAME (Type or Print!
U. •ORGANIZ ATION OR ADDRESS AND PHONE 4. IG TU E QF INVESTIGATOR
2a. NAME (Type er Print, 5.TYPED NAME OF INVES 16 TOR
h. ORGAN/ZATIONOR ADDRESS AND PHONE 5. • 011GANIZAttoNoF INVES [GAT ft •
Section C. Non waiver
I do not want to give up nay rights
I want a lawyer do not want to be questioned or say anything

NATURE OF INTERVtEWEE
lTT
ORN STATEMENT OA FORM 28231 SU8SEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
(7StIPA 7 11
IA FORM 3881. NOV 89 EDI TION OF NOV 84 IS 08SOLE TE
E., L. .'r=
947

DODDOA 027360

RIGHTS WARNING PROCEDUREIWAIVER CERTIFICATE
For use of this form. see AR 190.30; the proponent agenc y is ODCSOPS
DATA REGUIRED,BY THE PRIVACY ACT
AUTHORITY: Tide 10. United States Code. Section 30i 2(g) .
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additionaltalternatemeariS of identification to facilitate filing and retrieval.
DISCLOSURE: Ofsclosure of your Social Security Number is voluntary.

a :.
itN DATE TIME FILE NO.
ass ¦

4 . 13 _.0,1,zrei, ,.?..,-oo-c2..3 ...7,0,---
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1
PA - G TS WAIVER/NON•WAIVERCERTIFICATE
Section A. Rights

ismilawatLL,15
The investigator whose name appears below told rite that he/she is with the United States Army ji 2 .
and
wan o question me about the fol kmvi offensetsI of Much am
suspected/accused: 41414-4-.,,rim6 ; -.--4.4...:1.--Clit_S

_,114.4„e.....4,,. rBefore heishe.asked me any questions about the •of fensefs/. however, he/she made it clear to me that I have the following rights:
1.
1 do not have to answer any question or say anything.

2.
Anything i . say or do can be used as evidence against roe in a criminal trial.

3.
(Fur personnel subject oche UCMJ 1 have the right to talk privately to a favvver before, during. and alter questioning and to have a lawyer present with me
during questioning_ This lawyer can be a civilian lawyer I arrange Ice at no expense to the Government or.a military lawyer detailed for me at no expense to me,
or both.

- or
(For civilians nor subject La Me UCAIJI I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with
me during questioningi understand that this lawyer can be one that i arrange for at roy own expense, or if t cannot afford a lawyer and want one, a lawyer

wilt be appointed for rue before any questioning begins. , 4. If I am now wilting to discuss the offensetsi under investigation, with or 1.-VithOUI a lawyer present, I have a right to slop answering questions at any time, or speak privately with a lawyer before answering further. evert it I sign the waiver below.
5. COMMENTS (Continue an reverse side!
Section B. Waiver
I uoderstandmy rights as stated above. I am now wilting to discuss the of fense(sl under investigation and make a statement without talking to a lawyer fir st and without
having a lawyer present with me.

WITNESSES (If available' 3. SIGNATURE OF INTERVIEWEE
____.

I a. NAME (Type or Prim')
i 1
• .. ------ ..... --i
h, ORGANIZATIONOR ADDRESS AND PHONE i 4. SIGNATUREOF.1 T ATOR
t

ta. NAME (Type or Print) VW! tl.
_
r. ORGANIZATION OR ADDRESS AND PHONE . . .... • •. TI . OF iNVESTiGA TOR

_ _ ..._ / ___411 _ _ .._.t ._ .._
e-ction C_ Non -waiver

do not want to give tip my rights
want a lawyer 1 I do not want to be questioned or say anything
7'
.5t • • V.
CH THIS WAIVER CERT1FICA TE.TO 't• 511-LiO£it4 STA remENr (0r FOAM 282.31 suesfouRove EXECUTED a Y THE SUSPECT/ACCUSED.

tisAPA 2 .0 1
A FORM 3881. NOV 89 EDITION OF NOV 84 IS 08SOLETE
F
o019 48
DODDOA 027361

SWORN STATEMENT
For use of this form, see AR 190-45: the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY: Tile 10 USC Section 301; Title 5 USC Section 2951:'E.O. 9397 dated November 22. 1943 ISSN1-PRINCIPAL PURPOSE: To provide commander and law enforcement officials with means by which information may be accurately ROUTINE USES: Your social security number is used as an additionaValtematemeans of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary.
2 DATE fYYYYNIMDDI 3. TIME 4. FILE NUMBER
ghdad, fraq
IV.00
aao3 IQ a(
T NAME 7. ADEISTATUS
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
flACIS3( a U. 1/6 IGStAli)'Oas Ovot, (15 VkAt, Iecta'czkdIel, rias t£ ley alvj ejoared
ILANefl vJe, feAuc(Neot comktoana fie. pc-T .44_4
(3'!' v°eGoia\.. 'We('Ctionklea'ot''‘,JE,T s Ko,.-k-ck
an64ter -%roltry akk tv\ou4' Aus-. 13
.kkA& 690 oc'acctA•ec§, Nor tU Jbeck(
"i "e 11.11\(" '101.6(1'ctitirix4 it) WI y rot) fn
Nokk,N1(¦.4.s folkooc

IO. EXHIBIT
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUI: 72, IS OBSOLETE LISAPA Vi 00
DODDOA 027362

TAKEN AT DATED
9. STATEMENT (Continued/
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE
-I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE TH15 STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION!, UNLAWFUL INFLUENCE. OR UNLAWFUL INDUC NT.
(Signature of Person Making Statement)
Suberibed and sworn to before me, a -person authorized by law to adrruntste oaths, this .174. day of October , 2003 at FOB B. 41(1.4d Ira
r ngOathl
pe' „,slenngOathl
(,Aathorett, To AcInunister Oaths)
INITIALS OF KING STATEMENT PAGE 0OF PAGES
7
PAGE 3, D FORM 2823., DEC 1998 USAPA V .0co
60195 0

DODDOA 027363

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is QDCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10. United States Cede. Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additionaltaltematemeans of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

TION . DATE 3. TIME FILE NO.
FOB, Baghdad, Iraq
6cr.e.3 e,
,
WAIVER NON-WAIVERCERTIFICATE
Section A. Rights
The investigator whose name appears below told me that befshe is with the United States Army If IEC 2-70 AR BN, 3• BCT, I AD
'and wanted to question me about the following offenselsi of which' am suspected/accused: irligreatment of Iraqi detainees Before hefsbe asked me any questions about the oftenie(4jure made it clear to me that I have the following rights:
1.
1 do not have to answer a ny question or say anything

2.
Anything l say or do can be used as evide nce against me -ma criminal trial.

3.
(For personnel subfeetathe •LICK1.1 I have the right to talk privately to a Sawyer before, during. and after questioning and to have a lawyer present with me during questioning.. This lawyer can be a civilian lawyer i arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me. or both.

•Or -(For civilians not subject to the UCIVIJi I have the right so talk privately to a lawyer before, during, and alter questioning and to have a lawyer present with
me during questioning. understand that this lawyer can be one that l arrange for at my own expense. or if F cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
It I am now willing to discuss the offense(si under investigation, with or without a lawyer. ave a Tight to stop answering questions at any time. or
•speak privately with a lawyer before answering further, even if i.sign the waiver below

. COMMENTS !Continue on reverse side/
Section B. Waiver
I understand my tights as stated above. am now wilting to discuss the ottensels1 under investigationand make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES af avadablef StONATI_IRE OF INTERVIEWEE
2a.
. ORGANIZATION OR ADDRESS AND PHONE
aglida ,Iraq
140414_R Q
Secticin C. Non-Waiver
F do not want to give up my ights
H I want a lawyer [J I dO not want to be questioned or say anything

SIGNATURE OF INTERVEEWEE
ATTACH TI-BS WAIVER CERTIFICATE TO ANY SWORN STATEMENT am FORM 28231 SOBSEOUEN TLYEXECUTEDBY THE SUSPECT/ACCUSED
'
USfrivt 2 01
DA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE
01.95

DODDOA 027364

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is OOCSOPS
PRIVACY ACT. STATEMENT
AUTHORITY: Tide 10 USC Section 301: Title 5 USC Section 2951; E.0.9397 dated November 22, 1943• (SSNL
PRINCIPAL PURPOSE: To provide commandersand }aw'enforccrnentofficiafs with means by which inforrriatiOn may be accurately ,
ROUTINE USE9i
Your §-ocial security nurotier is used as an additionartaftematemeans of identification to facifitateliling aQd retrieval. :P1ac.1XISURE: Disclosure of your social security number is volunOry. TION
2. DATE f YYYYMMOW 3. TIME 4. FILE NUMBER
FOR,Baghdad, Iraq'
? itl; /11'd 0'(3,g.) 0
:q, A T EI ME 6. 7. G ATUS

'8. 0
I
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
my ii ( , ENNIO ,,,C1 iiiffillik vA Lc 6 cl
f 4 Tr: C of.e rs'-Pr : :=.,, 4-ike -5 iefl (1 4'-SLC P ei 4-'. w 1-'.'-x-lke
P
..)„.,' .1 de
.1-1,..Q ,r,'-1_0'11,0 ic1,45 c, r ez., 0„ ci .-,A .-S '-' a--... 1 141
61,1“:11 VI d Le Ci Oil c /c t .} r', ,...: :f_:,,vi 5
0 0 e 11 Y 4 ; c l'‘ ! d_ 0 .-14 ‘) e -,_ i'c,,_, co s'
p(-120 ./,,_,,,,, lely (; Al 'tr s'
(A. f A r'v .-1 1 • ,i
6 " '' !Fit 5
4 4 erIce_.1,e/-5'ha 4,/t,
gIIIIIIIe Cr./..(1 . . I, , J zlke (.44 .(0 cx y
.-..

10. EXHIBIT n 11. INITI AXING STATEMENT
PAGE 1 OF Q PAGES

ADDITIONAL PAGES MUST CONrA IN THE HEADING "STATEMENT TAKEN AT DArE0
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INIriAts OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.

DA FORM 2823. DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USAPA V I 00
oo1a5 2,
DODDOA 027365
b t Attelleril
TAKEN AT DATED
9. STATEMENT (Contsiwedi
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH. BEGINS ON PAGE 1, AND ENDS ON PAGE t . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINITsiG THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION. UNLAVYFULINFLUE NT.
SignatutV of on aking Stat emenli
WIT" Subscribed and sworn to befOre me, a person authorized by law to administer oaths, this :21Z day of October , 2003 a t 4100 I
stering Oa thl
ITYpe amenof arson AdminisYering Oath!
ORGANIZATION OR ADDRESS fAuthbrity To AdarinisterOaths)
INITIALS OF PERSON MAKING STA
USAPA V F .00
PAGE 3, QA FORM 2823, DEC 1998
001953

DODDOA 027366

RIGHTS WARNING PROCEDURE/WAIVERCERTIHCATE
For use of this form. see AR 190-30: the proponent agency is ODCSOF'S
DATA REQUIRE0.6Y THE PRIVACY ACT

AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additionabla Iternate means of identification to facilitate filing and retriev al_
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

aggIM{Ofd 2. DATE TIME FILE NO.
Baghdad, Iraq
0[.re f 313-e—
7. US 73
'9f LI
P RT I - RIGHTS WAIVER/NON-WAIVERCERTIFICATE Section A. Rights
The investigator whose name appears below .
told me that he's he is with the United States Army and wanted to question me about the following of fenseisi of which I ata
suspectvataccused: mistreatrnera of Ira .1 detathees
Before he/she asked are any questions about the offense (s1, /she made it clear to me that I have the following rights; 1 1 do not have to answer any question or say anything.
2.
Anything/ say or do can be used as evidence against Mina!

3.
(Forpersorritef sub/Way/he UCMJ I have the right to talk privately t during, and after questioning and to have a Lawyer present with me
during questioning. This lawyer can be a civilian. lawyer 1 arrange for at no expense to the Government Or a military lawyer detailed for me at no expense to rne.
or bo

-Or •
'For cry, ta object no the IJC44.11 1 have the right to talk privately to a lawyer before, during. and after questioning and to have a lawyr present with me during questioning. I understand that this lawyer c an be one that t arrange for at my own expense. or it I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begin s . 4 If f am now willing to discuss the Off ense(s) . toder investigation, with or without a lawyer sent. i have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if I .sig n the waiver bet
. COMMENTS (Continue on reverse ski&
Section B. Waiver
I understandmy rights as stated above. I ant now wilting to discuss the 0BenSeki uncle( investigation and make'a statement without talking to a lawyer first and without having a Lawyer present with ate.
, Section C. Non-walver
1.
1 do not want to give up my rights .
CI l want a lawyer i do not want to be questioned or say anything

2_ SIGNATURE OF IN TERVIEVVEE
• -•- •'_'• -1 •
ATTACH THIS WAIVER CERTIFICATE TO ALV Y SWORN STATEMENT tDA.FORM 2823; SUBSEQUENTLY EXECUTED B Y THE SUSPECT/ACCUSED usnpn 2 01
DA FORM 3881, NOV 89 EOITiON OF Nov 84 iS OBSOLETE
001954

DODDOA 027367

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: • Title 10 USC Section 301; Title 5 USC Section 2951; E .0. 9397 dated November22, 1943 (SSW
PRINCIPAL PURPOSE:.

to provide Commanders and law enforcement officials with means by which information may be accurately
ROUTINE LISES:.

Your social security number is used as an additionaltatternatemeans of identification to facilitate filing and retrieval.
P1§CAPWFIE: Disclosure of your social security number is voluntary. -

• T1ON .
._ 2_ DATE tYYYYMMODI 3. TIME 4. FILE NUMBER
FOB, Baghdad, Iraq
.2c;c3102._(0 i 'S---
• b i 4 P''.1,':. T S
••••-:. .fr., n•yi.-­
,!:;_ki.J.Li.r.-
Am*.
-
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATI-147., c_ . , . i '''. ' ''''' I":
yEsre-II-bAhe y ticA-k-AQE-6 (Ota.,81) -F,„(A- aK ir-.3 A,•(Z._oicttk-r-kt ,i-tx,./ P-1 -301.. (JOG-
etkLera' VP DI 1-1-1---er ,)..g-,1;, ,-) gou 0 ( "Jr . ciR___ rs..r, i, t-,...L..b
C.si-ri-6fr_il.._ -1.5/--(43c..)4vt..

k"if V6WIC-1---15: w°•-".b ZE'Lly-ro -AN Se_...isi (\sta . tko ,....)'.....›E. ‘,,....5clu.:-:. 20/..) 6_3 ,r1
t40)./ T--)-k-e: 14,--bii-10 to pc-c Etz___A. 7-7-t-c-.'r--‘,...)e
s A e_i• Tv LiA}E. IFF--7-e— -
iT(t\-i i 5 ute-Th INcv—‘4iNic---.1 . T-\--)ect__.-oqt---:R._ To .11-6F-: ?./Nv.. cl-i-
-;---Fite­.5----r-A ,-) -73 Pry. --r -FINAL:-----I-t, r. 0 \_.5 t..--5LE: At_tt..--.0nt.; ti

b,..) fl-' 1-c_.--_.. b RAVt-fe__ o /14 E—. S-Tew
-vt-,-",k-) (--5 E-. -i--'-rteN--) P¦S (((---
-'z --ri--M-
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E.:
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7-i IL/1 e.... "7"-}1 E--- -•12. -11 5-7---6 7_, fre,e--LA-wre-b tow.,-
-- rt -t (&et) i.._(.,--ek
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a i...i. 17-18-

0 elt_.. at-1 i1/41 izh, Er ec) de-TZ-7---&CC ef. ) S 1-74" -----L-7 0-111/674-----1-11,4 C._-= -•-.151-1.0,) )....1.-c(7_-..iN-,,,q k I Ea+ i d Le n ( J.-- j-Al t(IA-14.
' -(1 " A-) i-/j — 4­
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L. Ki--5 7--'TTM c= ='/1-1,-,-) rili.._-_— -C--.r e vots„,),,„,s 0,==‘..s --nr-gai 1„.30,--/3,&-Ii\u,t
c= -5co te--r----))'rqece-055'1-.)-t -,6-C,,,c_A-. EL — (301_44 t r j __=5 Li_ 0 k.A__), . 0 ei--, V.
• '

loio-0
PX 1
0. EXHIBIT
11111111111rN MAKING STATEMENT PAGE I OF _Z-- --PAGES
ADDIrravAL PAGES MUST CONTAIN THE HEADING 'STATEMENT TAKEN Ar
DA? ED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIAL S OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
• LISAPA V 1.00
DA FORM 2823, DEC 1998 DA FORM 2823, JUL l2. IS OBSOLETE
DODDOA 02736€

STATEMENT OF _ TAKEN AT DATED
9. STAT •ENT (Continued/.
AFFIDAVIT

I. . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH - I ON-PAGE I ;AN6 ENDS ON PAGE 1 ,.. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I. HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWAR
THREAT OF PUNISHMENT, AND WITHOUT COERCION. UNLAWFUL INF

(Signature
WITNESSES-Subscribed and sworn to before me, a person authorized by law to adininiste albs. this .2 is, day of October . 2003
at
ering Oath(
1111.1111411111111
p me o erso a nistering Oathl SS (Authority To AdmirusterOaths1 INITIALS OF PERSON MAKING STATEMENT PAGE -2 OF 2_ PAGES
PAGE 3, DA FORM 2823, DEC 1998 USAPA VI .470

aoi.9-5E

DODDOA 027369

RIGHTS WARNING PROCEDURENVAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is OOCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Cede, Section 301201
PRINCIPAL PURPOSE: To provide commanders and law enforcement of ficials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additionaltaltematernearts of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

0.TPON 2. DATE TIME FILE NO. FOB, Baghdad, Iraq
7(4 4967-0
8_
GRADE/STATUS
PART S WAIVER/NON-WAIVERCERT1FICATE
Section A. Rights

The investigator whose nante appears below told me that he/she is with the United States Array
and wanted to question ate about the following offensetsi of which I am
suspected/„.,„,d: mistreatment of Iraqi detainees
adore he/she asked me any questions about the of f ensels he made it dear to CO e•that I have the following rights:

1.
do'nne have to answer any question or say anyth

2.
Anything I say or do can be used as evidence against me is a criminal tria
i'for personneisubjecr odic [JEW I have the right to talk privately to a f er c or . during, and after questioning and to beim a lawyer present with me
duri ti n is lawyer can be a civilian laWyer I arrange for at no expense to the Government or a military la wyer detailed for me at no expense to rne.
or bo

/For civilians not subjec( M Mc Uert/IJI I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with
me duiing questioning. I understand that this lawyer can be one that I arrange for at my own e ;pease. or ii I cannot afford a lawyer and want one, a lawyer
will be appointed for me before any questioning begins.
4 I or

g am new willing to discuss the off ensersl under inyestigalion, with or without a awier present. I r aye a right to stop answering questions at any time, speak ptiiatety with a lawyer bef ore ans wering further, even if l sign the waiver below
. COMMENTS (Continue on reverse side)
Section B. Waiver
1 up derstandrny rights as stated above.] ant now willing to discuss the oflenseIst under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES fif-available)
la. NAME Irl(Pq Qt" Prit1i3

SS AND PHONE
2a. HAME IT pe or Print)
rag
Sectiort.C. Non-waiver
1 do not want to give op my rights
0 1 want a lawyer I do to want to Ito noes toned or say anything
2. SIGNATURE OF iNTERVIEWEE
ATTACH THIS WAIVEB CERTIFICATE TO ANY SWORN STATEMENT (04 FORM 2.`12'.:U SUBSCOUENTL YE XECUTED BY THE SUSPECT/ACCUSED USAPA 2.0(
OA• FORM 3881 , NOV 89 EDITION OF NOV 84 IS OBSOLETE
001957

DODDOA 027370

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS

PRIVACY ACT STATEMENT .
AUTHORITY:.

. ,Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943
ISSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
1
ROUTINE USES.:
Your social security number is used as an additionalfaltematemeens of identification to f acititate filing and retrieval.
DISCLOSURE: Disclosure of your social security number is voluntary.
TION.

2. DATE (YYYYMMOD) 3. TIME 4. FILE NUMBERFOB, Baghdad, !rag
CO
ALF IJ.LEN 'ME
_'.
ripkvv:1-.
o
11/1111111111111.11111,---- , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
We_ had ?LA Led ..(-1 kr1-10 -tic fAL
ye 5 fa 01 OS "teS-001'1
te s 6,.ya
fe.poci-foy\ Vet-t
ki-V-5 0,9-4-ryc.te (.1 +0
6\n,61 1-6 -I-Le Pac
4\Ack-A- .pine. Kola. wit
01-5 tirt-
Vfrvvve Cr T- wefro—to
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ft-Vt. (bCok)vta 604'w,(‘'
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kAM k'
w\-Ow-Se OVie 1,wk-04 to'
tc-42,LuS -02'e,-4- cacysY • Affrigv‘ri Inc\ lik,(3, no+
6-5„A
t'no \).1-i-s ov‘ex-(5‘./'
i\eX -tb
5--("A-4'
1: wek.
J`a.'"k 42-1' • arivt
IP(k 11( KiAt -"c0.'
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14NYNAJ
akogo'S to ,
111111111111111 '
vtio(,1 coilj
sa.i4 .ctke. (),(S-'kAl'
("c't'coij'
t.
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1-ey -*IP! wece: n -61-e LAW.' So 4k4,1 to t-
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(0,3)e, • Lk+ or InZzLi'Ny --i-tk, 10-) 0 u-f---O I 1-vv--- C cti 1-ajl

Nes-04,w)
10. EXHIBIT
11 NITIALS OF P STATEMENT PAGE 1 OF _a. PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST RE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USARA ea
001958 DODDOA 027371
STATEMENT OF
TAKEN AT DATED
9. STATEMENT (Continued/
AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGI - .
MON A' FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. f HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR. REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUEN
(son Making Statement)
WITNESSES: Subscribed and sworn to before me. a person authorized by law to administer oaths, this 2: (7 day of ' October 2Q03
at 13. Bagdad, Ira
ORGANIZATIONOR ADDRESS erson Administering Oath!
11111.111111111111," -
a erson dmimstering Oath
OR N ATIONO (Authority To Administer Oaths' INITIALS OF PERSON MAKING M
G STATEMENT PAGE a OF PAGES
PACE 3. DA FORM 2823, DEC 1998 USAPA VI
'

00,959
-
DODDOA 027372

RIGHTS WARNING PROCEOURE/WAIVEFICERTIFICATE
For use of this form, see AR 180-30; the proponent agency is OOCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title ig. United States Code, Section 301210
PRINCIPAL PURPOSE: To provide commanders and law bnforcement officials with means by which information may be accurately identified. ROUTINE USES: Your Social Security Number is used as an additional/altematemeans of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your Social Security Number is voluntary. i
AT10N'.
2. DATE 3. TIME 4. FILING.
FOR, Baghdad, Iraq ' _7G 4cToi _ /3.5-c,
-
-8 OR •
'. • • US
)'.'
PART I - RIG WA VERINON-WAIVERCERTIFICATE .
Section A. Rights
The investigator whose name appears below told me 'that he/she is with the United States Army 111111111111111/1111/111W--and wanted to question me about the following olfenselsi Of which I am suspected/accused: mistreatment of fra•i detainees -Before he/she asked me any questions about the offenseIsi.ho
er, he/she made it clear to me that I have the °°11°wIng rights: 1- 1 di:: not have, to answer any question or say anything
2. Anything I say or do can be used as evidence In: criminal trta
3'eFor personnel sublect °Me UCMJ I have the right to talk privately to a lawyer before, during, and al ter questioning and to have a lawyer present with are . during questionin . This lawyer Can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me.
• Or both
- or -(For civilians-Act subject to the LICMJI I have the right to talk privately to a lawyer before, during, and alter questioning and to have a lawyer present with me during questioning. ] understand that this lawyer can be one that t arrange for at my own expense, or if t cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. It I am now wilting to discus; the of fensetslUnder•investigation, with or without a lawye a right to stop answering questions at any time, or
,
speak privately with a lawyer befOre answering further, even d i sign the waiver below
5. COMMENTS (Continue on reverse side(
Section B. Waiver
I understand my rights as stated above. t arn now willing to discuss the of tenselsI under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES flf available! 3, SIGNATURE 0E+NTERVIc%iiialligat
OF INVEGrIGA TOR
Section C. Non-waiver
1. Ido not want to give up-my rights want a fawyer I I I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
kTTACH THIS WAIVER CERTIFICA TE TO AN V frIWORN ST A IiMENT il).4 FORM 2823/ SUBSEQUENTLY EXECUTED er THE SUSPECT/ACCUSED
'
USAPA 7.01
)A FORM 3881, NOV 89 f °MON OF NOV 24 is OBSOLETE
DODDOA 027373

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSQPS
PRIVACY ACT STATEMENT
AUTHORITY:
Tile 19 USC SectiOn 301; Tile 5 USC Section 295 I; E:O. 9397 dated November 22, 1943

PfinveiPAL PURPOSE: (SW.
To provide commanders and taw enforcement officials with means by which information may be accurately

ROUTINE USES: Yew social security number is used as an additionalIalternaterneans of identification to facilitate filing'and retrieval.
DISCLOSURE:
DisclosUre of your social security number is voluntary.
TION
2 DATE fYYYYMMDDI
3. TIME
4. FILE NUMBER
'FOS, B4ghdad, Iraq
5. to LE NAME
7. GRADE/STATUS rrr-•¦•:.¦11ZW
tilA,rifiFiktrWijet*
WANT TO MAKE THE FOLLOWING,STATEMENT UNDER OATH:
kAt5+e,a0,6
A-V-i-RA-A. ooli -r Oa 5 04
of -. la44 -
.,,f,__ -- \- - - r v(k _ --A-0 A-Le, f
z\-- g5 o 1--re_ A-,-,01c' 'cV\:-
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tNi 'N';li' 41-LAIII/ I-6 -11\-4 yk
no-Kill c-c)lo .11 -
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daft
10. EXHIBIT
INITI
N MAKING S ATEMENT I
I PAGE I OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN A I DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823. DEC 1998
DA FORM 2823. JUL 72, IS OBSOLE FE
USAPA VI .0.)
001961

DODDOA 027374

STATEMENT OF TAKEN AT DATED
9. STATEMENT (Coarinuedi
AFFIDAVIT I, 111111111.11111—. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS 0 .
E 1. AND ENDS ON PAGE I ..I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUENCE

(Signature of P rsontlota ing Statement)
WITNESSES: .Subscribed and sworn to berdre me. a person authorized by taw to administer oaths. this .0;;::7_ day of 'October', 2003 at'FO$ay .. clad . Ira e.
111. 1111111111
ORGANIZATION OR ADDRESS' o ministeringOath)
-.10.4111W AL/44W '446. _ 8 IA mi kr mdci , Sct Itt A _ CPT, AR
(Typed Name of Person Administering Oath)

/-?OAK
ORGialIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT
PAGE'OF 2_ PAGES
PAGE 3, DA FORM 2823, DEC 1998 • 1.1SA£A V 100
DODDOA 027375
RIGHTS WARNING PROCEDURE(WAIVERCERTIFICATE
For use of this form, see AR I 9D-30; the proponent agency 'is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and taw enforcement officials with means by which information may be accurately identified,
ROUTINE USES: Your Social Security Number is used as an additionaltaltematemeans of identification to facilitate filing and retrieval.
DISCLOSURE:

Disclosure of your Social Security Number is voluntary.
TION DATE
.FOB, Baghdad, Iraq
0 cr
PART I -RIGHTS WAIVER/NON•WAWEI3(..LH 1 IFICATE
Section A. Rights
The investigator whose name appears below told roe that he/she is with the. United States Army 111011111111.111=11111111L____,.._
' and vv anted to question me about the following offenseisi or which I am
suspectedfaccused: mist reatment of Iraqi detainees
Before he/she asked me any questions about the offertsefs , he/she made it clear to me that i have the following rights:

1.
I do no have to answer any question or say anythin

2.
Anything! say or do can be used as evidence against rhea onininal trial.

3.
(For personnel subject oche 1/CMJ I have the right to talk privately to a lawyer before. during, and alter questioning and to have a Sawyer present with ate
during questioning. This lawyer e'en be a civilian lawyer I arrange for.al no expense to the Government or a military lawyer detailed for roe at no expense to me,
or both: NO

IF& civilians not subject to the VCMJ) I have the right to talk privately to a lawyer before, during. and after questioning and to have a lawyer present with
me during questioning. / understand that this lawyer can be one that arrange for at my own expense, or if I cannot afford a lawyer and want one. a lawyer will be appointed Inc the before any questioning begins. .
4. III am how willing to discuss the offense(sl under investigation, with or without a lawyer a ave a right to stop answering questions at any time. or
speak privately with a lawyer before answering Kother. even if I sign the waiver below.
COMMENTS (Conlinue OD reverse side)
Section B. Waiver
I understand ray tights as stated above. r am now willing to discuss the offenseist under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES ((/ avallatifel 3. SIQNATURE OF INTERVIEWEE
a NAME (Type or Print)
OROANIZATfONOR ADDRESS AND PHONE
2a. AME (Type or Print) TYPED NA Of I VE$TIGATOR
ORGANIZATION I R ADORE55 AND HON ORGANIZATION OF INVESTIGAT It
Section C. Non-waiver
1, 1 do not want to give ray rights
t:1 i Want a lawyer i do not want to be questioned or say anything

SIGNATURE OF INTERVIEWEE

. • AT TACH THIS WAIVER CER vacATE TO ANY SWORN STATEMENT /OA FORM 2823) SU BSEOUENTLYEXECU TEDOY THE SUSPECT/ACCUSED
USAPA 7 01
DA FORM 3881, NOV 89 EDITION OF NOV B4 IS OBSOLETE
301963

DODDOA 027376

SWORN STATEMENT
For use 'of 'this fOrrn. see AR 190-45; the proportentage-ncy is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Tide 10 USC Section 301; Tide 5 USC Section 2951: E.O. 9397 dated November 22. 1943 ISSN).
FA INCIPAL PURPOSE:.

To provide commanders and law 6nforcement officials with means by which information may be accurately
ROUTINE USES:.

Your social security number is used as an additionalialternatemeans of identification to facilitate filing and retrieval.
DISPLOSURE:.

.Disclosure of your social security number is voluntary-
IT _.; ION 2. DATE (YYYY4/4100) 3. TIME 4. NI NUMBER

.. '77 '
'OB., Baghdad. Iraq
3rrtrr4rarSrrrl'VrrrtnrEziumuiFaIIIMIIIIMIMIIIIIIIII

%Ad''
'.'- , - -'. ° ':,_ .'r./..0 6 _
DEIST TUS
- t 1143'.:11120.52.31.'aiVUtiiil ..
_---__.
• WANT TO MAKE THE FOLLOWING STATE T UNDER OATH:
r ict_ at j .i.E-14
Oil RC- OC. 2_663 .
.'.
3.-e--,-ifei 'N'6. t..-1 LY E' 1 I e `-'--
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10. EXHIBIT r
11. RSON MAKING STATEIVIENT
iraTIALS 0 PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT
TAKEN A T -. _.._'
DATED
THE 80t rom OF EACH ADDITIONAL PAGE MUST BEAR THE-INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST OE BE INDICATED.

DA FORM 2823. DEC 1998 OA FORM 2823. JUL 72. 1S OBSOLETE USAF% VI .0c1
001964
DODDOA 027377
STATEMENT OF TAKEN AT DATED STATEMENT (Continued)
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEG S ON PAGE 1, AND ENDS ON PAGE ( , I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY W(THOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION. UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMENT.
)Signature of Persen Making Statementi
WITNESSES: -Subscribed end sworn to before me, a person authorized by law to administer oaths, this,217 day of October', 2003 at 11,134 tukt
R ADDRESS (Sen.= ore of Peisan driimisteritigOathl
lryped Name orPerson Administering Oath!
ORGANIZATION OR ADDRESS (Authority To Administer Oaths(
INITIALS OF PERSON MAKING STATEMENT
A-------1111.1111111 PAGE 7, OF ;2, PAGES ----•
PAGE 3, DA FORM 2823, DEC 1998 trsapa

001965

DODDOA 027378

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE .
. For use of this•forrn. see AR 196-30; the proponent agency is OOCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title_ID, United States Code. Section 301 240
PRINCIPAL PURPOSE: To provide commander's and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to I acifitata filing apd retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

DATE rimE FILE NO —FOB, ....7 Gi• 6 trek, NTO
..
,K)13, B:aghdad, Iraq
L f. Fk$Wk4 GAM APON OR AO
.
BADE TA TUS
PART I - RIGHTS WAIVER/NDN•WAIVERCERTIFICATE
Section. A. Rights
HHC 2-70 AR BN, 3 BCT, 1 AD
The investigator whose name appears below told me that he/she is with the United States Army
and wanted to question me about the.follo wing offensesi of which I am
t
misreatment of Iraqi detainee s
_
Before hefshe. asked tne any questions about the Offensetsf, however. he/she made it clear to me that t have the following rights:
1.
I do not have to answer any question or say anything

2.
Anything I say or do can be•used as evidence againste m a criminal trial.

'3 • • (Forpersonnersubiect othe LICM..., 1 have the right to talk privately to•a lawyer before, during, arid after questioning and to have a lawyer present with me
during questioning, This lawyer can be a civilian lawyer I arrange for at no expense to the Government -iir a military lawyer detailed for me at no expense to me,
or both

- Or -
Far ciwWans rrof sublect to the UCMJI I have the right to talk privately to a lawyer before, during, and after .questioning and to have a lawyer present with
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins. .
4. If I WTI now wiling to discuss the offense(si under investigation, wither without a lawyer. present, i have a right to stop answering questions at any Wile, or
speak privately with a lawyer bef ore answering further, even if 1 sign the waiver betot
5. COMMENTS teargincie an reverse side] .
Section B. Waiver
I understandmy -rights as stated above. I am now willing to discuss the offensets/under . irivestigatiornd -ragiTe—a-st merit without talking to a lawyer first and without having a lawyer present with me.
/-----",
WITNESSES llf available!

. :... s b., f.y1W1
_ _._._
. IORGANIZATIONOR ADDRESS AND PHONE .'erlriNs-r=r-iv-gmarralri-ir —
11101111:
..c,
'
Za.'NAME (Type or Print) • TYPE 0'• i.'1 i ''' • ."

,
b . '4.,!.. A stioA Acgme s A 6 n • I•--¦ ;GANIZATIONOF I .1 T • TOR
.•N
t ag at,
Section C. Non waiver
1. t do not want to give up my rights
. f want a lawyer [ l l do not want to tic queStiOned or say anyil•org
- ----.
'
SIGNATURE OF INTERVIEWEE
ATTACH PAS WAIVER CERTIFIC A TE TO ANY SWORN rP. rEMENT (04 FORM 2.231 SUBSEOUENTLY EXECUTED GY THE SUSPEC T ! ACCUSED
tr._;‘, C I
DA FORM 3881, NOV 89 EDI TION OF NOV 84 iS OBSOLETE
(3°1.966

DODDOA 027379

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS

PRIVACY ACT STATEMENT Al MONTY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSM. PFUNCIPAL PURPOSE: To provide commanders and law eriforcement officials with means by which information may be accurately ..-. NE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and re trievat,
1:104T11
01SWaSVRE: Disclosure of your social security number is vofunta Ti0N 2. DATE (i? YY MIMI) tt 3. TIME 4. FILE NUMBER
FOB, Baghdad Iraq
'WO 3 10 2..? 0$45
Amc FT:sr It4tVIE, MIDDL,E NAME E/STATUS
'="t. triYA
:8. 0
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
z-c Or.-fpg eic EJf t¦ I-6TV 1-01.,..0 to ittE LA1VAL•ion,
&. P-OVO (SIA E-b r-1%Tb Ytkt CaD 14e 1". "/ 1-44141 W1
e'3 e. 111M11111
co tmi voite.-N
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tbtw
c, GOUL4tS i tk-enlb 3 (3 FY 5 ‘,14E-0f-riet) 151 ik1/4E,
"Co nooe,TtV k1tAtc-Ad6
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LItINVC-A.k ttt•1 otri3kMits EX) tt4511-k f\ F1/4, r.2 ecU•01-Tote? f-00A4/15 to tkt S
1111111111P Ttkt, 4111.11111.
t, R.4.0'pertm-AP5.'btu OW SeC ekisooG•AS
bt) t pet,
IO. EXHIBIT i 1 1. I N MAK NG STATEMENT
PAGE I OF 2. PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING ''STATEME TAKEN AT DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE -STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
DA FORM 2823. DEC 1998 OA FORM 2823. JUL '72.. IS 08SOLET.E USAPAVi 00
001967

DODDOA 027380
STATEMENT OF TAKEN AT DATED
9. STATEMENT (Ceatinired)
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH 8EGIN ON PAGE 1. AND ENDS ON PAGE _ I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUENCE, OR UNLAWFUL IlvIDLICE T.
(Signature of .an Ma g.earl
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this ,2 7 day of October 2003
111111111 ""b at FOB, Ba hdad, Ira
ORGANIZATION OR ADDRESS e ag Oath!

1111111.1"11111111.
ypedNartreaPen A tninatering Oath! ORGANIZATION OR ADDRESS (Authority-To Administer Oaths) INITIALS OF PERSON MAK
PAGE 2. OF PAGES
•¦•
USAPA V I .00
PAGE 3, OA FORM 2823, DE 9.
001968

DODDOA 027381

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form. see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10. United States Code, Section 301210
PRINCIPAL PURPOSE: To provide commanders and law entorcementofficials with means by which information may be accurately identified.
ROUTINE USES: Yqur Social Security Number is used as an additionatialternatemeans of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

LOCATION 3. TIME FILE NO-
OB, Baghdad, Iraq
„g1 s 4^a3
PA - RIGHTS WAIVEH(NON-WAJVERCERTIFICATE
Section A.. Rights

--- •
111111.M11111111.
The investigator whose name appears below told me that he/she is with the United States Army
and wanted 'id oueStion me about the following offensels1 of which I am
suspected/accused: rnistrealmegol Iraqi detainees Before he/sfle asked me any questions about the offense[si. me that I have the following rights: '1 I do not have to•answer any question or say anythin
2. Anything [ -say or do can be used as evidence again t in
3. (For persoririelsubject othe IJCMJ I have the right to talk privately efore, during. and alter questioning and to have a lawyer•resent with me
during que wyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed For me at no expense to me,
ot-both

- or • (For ciaiarts riot subject iro UCMJI I have the right to tall: privately to a lawyer before. during. and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my owtlespense. or if I cannot al ford a la w yer and want one, a lawyer
will be appointed for me before any questioning begins. • If I am now willing -to discuss theoffenseis) under investigation. with or without a taWyer present, t have a right to stop answering questions at any Wile,. Or sixes( privately with a lawyer before answering further, even if I sign the waiver below
. COMMENTS (Continue orr reverse side;
Section B. Waiver I understand nay rights as stated above. I am now wilting to discuss the offenselst under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me. WITNESSES (If available' SIGN 'HIRE OF INT
I a. N
, ORGA,MI.ATIONOR ADDRESS AND PHONE OR
a d id. rat/ Section . Non.waiver I do not want to give up my rights . I want a lawyer t r•in 10 he grieshreied or say anything
SIGNATIJftEOF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATENICHT IDA FORM 28231 Sti8SEOUENII Yf t ECIJTEO fiy THE SLIVEC /AcctssED USAPA 7 Os
DA FORM 3881, NOV 89 EDITION OF NOV 84 is OBSOLE rE

n (-1 i 969
DODDOA 027382

-.SWORN STATEMENT
For use of this (vim, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY:.

Title 10 USC SeCtion 301; TRIO USC Section 2951; E.g. 9397 dated November 22, 1943
(SSN).
, PRINCIPAL PURPOSE:.
To provide commanders and law enforcement officials with means by which information may be accurately . •
ROUTINE USES:.

Your social security number is used as an additionatialternaternearis of identification to facilitate filing and retrieval.
DISCLOSURE:.DiselOsure of yOur social security number is voluntary.
• • CATION •
2 DATE . (YYYYMMIi01 3. TIME 4_ FILE NUMDER.
OB, Baghdad, Iraq
alli03/16 i-r 7 0t) i 5—
..T NAME, FIRST NAME,.
MIDDLEAMEN 6_ 9 4 7. of ADEISTATLIS
8..0".•I.•
01::B.9...iii.IG,W.
.
I,.
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
0 nti,.4, ii,-V kJ-
r% a c• ‘,.).(7 f-.
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I.INITIALS OF•PERSON MAKING STATEMENT' Al
PAGE 1 OF.._ ,•Z.PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT ..illgENAT._ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THF INITIALS OF THE PERSOAI MAKING . THE STATEMENT. AND PAGE NUMBERMUST BE BE INDICATED.
,
OA FORM 2823. JUL 72. IS OBSOLETE IjS /IPA V j 00
DODDOA 027383

. TAKEN AT . DATED .
9. STA.ENT !Continued!
AFFIDAVIT
HAVE READ. OR HAVE HAD READ TO ME THIS STATEMENT
mippiimar ,
WHICH BEG/.
• A ENDS ON PAGE.I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR

(Signature of Parson Making Staternenrt
Subscribed and sworn to before me, a person authorized by law to admintster oaths, this 2-7 day of Oc [ober ., 2003 a
ad; Ira
OR.• NOR -ADDRESS ig atiFfe ol.Parson. sidZsreringOa rid
p arae of Person A minisreringOarN
ORGANIZATION OR ADDRESS 64utharty.To Administer Oaths/
'NIT/ALS OF PERSON MAKING PAGE.OF.PAGES
'AGE 3. DA FORM 2823. DEC 1998 USAPR V1 .00
191

DODDOA 027384

RIGHTS WARNING PROCEDURE/WAIVERCERTIFICATE
For use of this farm. see AR 19O-30; the proponent agency is OKSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:.Title 10, United States Code, Section 30121g}
PRINCIPAL PURPOSE:.To provide commanders and law enforcement of ficia Is with means by which information may be accurately identified.
ROUTINE USES: ..Your Social Security Number is used as an additionalialtematemeans of identification to facilitate filing and retrieval.
DISCLOSURE:.Disclosure of your Social Security Number is voluntary.

I
LOCATION 2..DATE 3..TIME 4..FILE NO.
OB, Baghdad Iraq
.27 0 47-0 3
A. fl G-
E.1,-ay, Rest.It. OftqATAZATION.cift - °DRESS
.
TUS.
-G.73.awv, 2--
.. PA T I - RIGH.WAIVERIAION-WAIVERCERTIFICATE
_ .Section A. Risfht:s
The investigator whose name appears below told me that he/she is with the United States Army
and wanglig.....mg 0 en. sefsi of which I am
ed to q estton Me a out 0 suspectedlacOused• mistreatment of Iraqt. detainees
Before he/she asked me any questions about the of fens etS./.however. he/she made it clear to tee that I have the following rights:
..I do not have toanswer any question or say anything. pi cui
2.
Anything I say or do can be used as evidence against me in a criminal trial. ii".‘ 4'1

3.
(For perSonnetstibiect °the 4,1014,1 'I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
during Questioning. This lawyer Cache a civilian lawyer I arrange for at no expense to the Government or a milk ar Oa wYer detailed for me at no expense to me,
or both_ 0444

- Of -
(For civilians riot subject to the UCA4.11 I have the right to talk privately to a la, ‘ er before, during. and after questioning and to have a lawyer present with
me during quesdpning_t understand that this lawyer can be one that I arrange for at rrty own expense, or if I cannot afford a lawyer and want one, a lawyer
will be appointed for me before any questioning begins. . .

4. If I am now willing to disCuss the offense Is! under investigation, with or without a lawyer present. I have a right to stop a nswenng questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below. otc v .•
5. COMMEI,ITS (Continue on reverse side)
Section B. Waiver .
I Understand my rights as stated above. I am now willing to discuss the of fense(s/ under invesiigationand make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES 01 avadatrki 3.SIGNATUFIEOF INTERVIEWEE
b.. 1qp4.0Fi:ADDRESS AND PHONE s..SIGNATDRE•OF•INVcSTIGATOR
Ylotta/A

b..ORGANIZATION OR ADDRESS AND PHONE RGANIZATKIN OE INVESTIGATOR
Section C..on-waiver •
I..I do not want to give up city rights
..• I want a lawyer ;.Ida not want to be questioned or say anything
2..SIGNATURE OF iNTERVIEVVEE
._,_..
---------.— • " AT TACH THIS WAIVER CER TIFICA TE TO AN y fr.v/onD, :Jr, rt. r..,217/ 4 r IDA FORM 282j • SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
. .
USAPA T.01
DA FORM 3881, NOV 89 EDITION OF NOV 34 15 OBSQLE If
fl I.0...
9 rj
DODDOA 027385
SWORN STATEMENT
For use of this foam see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY:.Title 10 USC.Section 301; Title 5 USC Section 2951; E.O. 9397 dated Novembe r 22. 1943 ISSIW-PRINCIPAL PURPOSE:.To provide commanders and taw enforcement officials with means by which information may be accurately
ROUTINE USES:.Your social security number is used as an additional/altematerneans of identification to facilitate filing and retrieval.
DISCLOSURE:.Disclosure of your social security number is voluntary. liFATION 2. DATE (YYYYMMDDI 3 TIME 4. FILE NUMBER
OB, Baghdad, Iraq
2.60.5 2.17 / 0 /080
5.
A.N4,4 E. FIRS.. MIDDLE NAME 6.111mmi 7. GRADE/STATUS
0111110

..(i)it . ngf:IREMIL.,01+6f -
S
11111111111111111.11.1.., WANT TO MAKEtHE FOLLOWING STATEMENT UNDER OATH:
67*1.25 65Ei 2e--t).3.'goo firs.myY,-ic criA4 IIIIIIIIID.m-r ,0.-..z,0-40 E's.c.cv*
De:Vii”.141 c.5.— Jai.44.'t.4..A.61.71-4 /:"..-e• .)-t -4., 7%­
y-."-te.--z ,7-1 ,14.0.I_ ,-.4.4/-1-7
04e ,,,.i-­
4.Epki..k,.,_,...x-___
_„. .4 4 ( ,7-4,14'.01. e......e.e ..,-7 14A exl-k..‹.-c--
riae.--nes, we.ptef e./'"I..
?FC.4A. iScael.rAe, 4.7 4,e4r ,--bl5-.,7­
a.27.0.....NO-4--.s-44-ele-- chi' 71-evrt_ "I,I-4 ' .7•=tr 7.4 gird
okra IL-A...Kive.t d -1-4LQ.Ar c,:=-4 1 i.L.,,---,,,W
0.7u .u'.I-Ct.1,c Elle, d5 YU i ( le 1 Cul a5-.W6F'e 9 '14
etAl IT 44'4 irk.c re944 4*„, .on 1i--4L..side eAt /A- "per -1-tiLy 4 it
701.

O-PP 4-44 'fr-ce k, liallip ifiesiii.iv -red illinlinici /Le
1-14;t,ilafro4
One oi,a 118- jz-tq'ce-7-5-- i ,„&-. -Itti ,.Ldi.f-ti MI.n e e7f /g 4-4-

i
nee e le tors.ilig-.gc:{4 i Aga( timp.-/-di (ird tor..e ./1-0) 5-4

i
al anal , f7.
74
e'4').l'clekita ,,,.f/Lot /ail 4 ,04e-A elk., : 44, c,e
IL/ 41 $- i‘,./ ee/.

.6a,-,44,( aay 4 //,,,,), 1-4, / ,,,,,-,/ :irrz,d/ic
r 3 (4 Arvil 01(41.Z., I/ c,,) Litiiii ex_lc,
Akc..., ej

5--1-0,1 11ii(demi
'‘ AL Cul c-f. -1-tci-T61aC/'„,,„almi/
4-41.,41-1,Le.
Afor i.
44•46d esczyird. /IL& nanle.d---I-1AL 17(41:2‘n:d
1-1 -t.1-v.P11-v_

fil.e. _ aril -1 -/
ciF41 -I'e util 40-.evk1,,,— k
MeAli 1 Li Z (10.`5 -----Ail
1 0. EXHIBIT. 11. II ITi SO MAKING STATEMEW 1
•.I PAGE 1 Of _a.PAGES
1
.
ADDITIONAL PAGES MUST COAITAIN THE HEADING "STATEMENT TAKEN A T ___ DATED._
THE Sari-cm OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST SE SE INDICATED.
.
DA FORM 2823. DEC 1998 DA FORM 2&23. JUL 72. IS OBSOLETE
() 197 3
DODDOA 027386
I cm-. TAKEN AT . DATED .
9. STAT ENT (Continued)
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH GINS ON PR-GE 3, ASID EN S ON PAGE f . t FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. t HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE ROITOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS-STATEMENT FREELY . WITHOUT. HOPE OF BE FIT OR REWARD. WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUE
-Subscribed and sworn to before me, a person authorized by law to
in'slereatbs.-this .27.day of.October., 2003 ra
WITNESSES-..
(Sigrid. ngOathi
1111.1111111111.111-----
(Type Name of Person Administering Oath)
ORGANIZATION OR ADDRESS. (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT PAGE .Z OF Z_ PAGES
I
USAPA V I.00
PAGE 3, DA FORM 2823, DEC 1998
001974

DODDOA 027387
RIGHTS WARNING PROCEOURENVAIVER CERTIFICATE
Fir use of this form. see AR 190-30: the proponent agency is DOCSOPS
DATA REQUIRED BY THE PRIVACY ACT
•AUTHORITY:.Title 10'United States Code. Section 3012(M •
PRINCIPAL PURPOSE:.To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES:.Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.

DISCLOSURE:.Disclosure of your Social Security Number is voluntary. ..

DATE FILE NO.
.., I3, Baghdad, Iraq

INF
AIllON 2...TIME
...--?7 O cf-0 2 9 7 ser-7
-.... • •.
•...•.. •... ......REBS
• ..•.•........•...•...-...•... • . • •
...-.SSN.- • •.• 7..GRADE/STATUS

8.
dc.//c../.
"—
PART I - R GHTSWAIVER/fiON-WAWERCERTIFICATE
Section A. Rights. t.I
The investigator whose name appears below told me that hetshe is With the• nited States Army •
and wanted to question me about the following offensels/of which I am
suspected/accused: mistreatment of Ira CI] 4:ai e s

cilg.._g
Before he/she asked me any questions about the offertseisi.ho .elshe made it clear to me that I have the following rights:
...I do not have to answer any question or say anythin
2.
Anything I say or do can be used as evidence again me in a criminal t(m

3.
Iror per$onnel subject othe UCMJ I have the right to talk privately to a.yr.e ore;.ming, and after questioning and to have a lawyer present with me

during . ..stipteng. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me.
or bo
-Or •
(Far civilians not subject' to the UC04.11 I have the right to talk privately to a lawyer before. during, and al ter questioning and to have a lawyer present with
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense. or it toannot afford a lawyer and want one, a lawyer

will be appointed for me before any questioning begins.
or
4. If I am now willing to discuss the of fensets/ under trtVeStgattOrt, With er without a lawyer present, I have a right to stop answering questions at any time,
speak privately with a lawyer before answering further, even if (sign the waiver below.
5. COMMENTS (Continue On reverse side'
Section B. Waiver
I. unde rstand my rights as stated above. I am now willing to discuss the of fensets/ under Investigation and make a statement without talking to a lawyer first and without
having a lawyer present with me.

3..SiGNATURE OF INTERVIEWEE
WITNESSES (II available)
1a..if.,i, •.•."fait
ONOR ADDRESS AND PHONE '•'': f.M..101.Kiriaaarai›ovi,t.,.....-----.,..
... ..._ .. ______._._. ......_
d-rerzeirtaz
---ww&amisitiaavolaterst­
..ANIZATF. R.E rioNOF INVESTIGATOR
d '
Section...On.awe:.
..I do not want to give up iny rights
U.1 want a lawyer. I. I.1 do not want to be questioned or say anything
....

2..SIGNATURE OF INTERVIEWEE
....-..
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 20231 SUBSEQUENTLYEXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
OA FORM 3881. NOV 89. EDiTiON OF NOV 84 IS OBSOLETE.
4-1 n 1 r2 Zs)
DODDOA 027388

Doc_nid: 
2797
Doc_type_num: 
62