Army Memo re: Information Paper Concerning Allegations of Detainee Abuse Committed By an Army Officer

Summarizes allegations against an Army officer accused of assault and threatening to kill Iraqi detainee. Describes investigation and military justice process.

Non-legal Memo
Monday, November 17, 2003
Sunday, May 15, 2005

Information Paper
17 Nov 2003 SUBJECT: LTC MIR —(.\310

LTC 11111was assigned as a Battalion Commander of 2-20 FA Battalion, 4th Infantry Division Field Artillery. While deployed to Iraq, allegations of wrongdoing arose involving LTC _These allegations were investigated by the Army's Criminal Investigation Division (CID).

As an administrative matter, the preliminary investigation as reviewed by the 4th Infantry Division Commander, MG Odierno a the CJTF-7 Commander, LTG Sanchez to determine if LTC _should remain in command of 2-20 FA pending the conclusion of the investigation into t e alleged misconduct and any matters that may arise from the investi tion. It was the recommendation of the 4 th ID Commander that LTC Iffillshould be removed from command. LTG Sanchez a proved that recommendation. LTC was then transferred to the _•_(h,Y3) –

In October, based on the information then available, charges were preferred against_r regarding three specifications of assault and one

ecification of threatening to kill an Iraqi detainee. The preferral of charges initiated a military justice process. The process is outlined in the Uniform Code of Military Justice, a federal statute passed by Congress. A pre-trial investigation will be conducted under Article 32, UCMJ, and will be open to members of the media and public. LTC_ani his counsel will be able to call witnesses, cross-examine any accusers and present other evidence in the hearing. There is currently a delay in the hearing as LTC aggifcounsel arrived in Iraq today.

The Article 32 Investigating officer n officer senior in rank to LTC MIN will make a recommendation of hearing all the evidence, including facts in mitigation and extenuation._ter reviewing the Investigating officer's report, the_ can dismiss the charges, take alternate action, or recommend a court-martial to his next superior.

A soldier involved in a court-martial process does not necessarily receive a court-martial, The process requires a thorough fact-finding investigation, input from the command and the soldier, and decision made by personnel in the process that guarantee the rights of soldiers while making certain that the right thing is done in the case of the particular soldier involved.



8089 4;1-0°177-
DOD 006747