Army Memo re: Memorandum of Instruction for Summary Courts-Martial Officer

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Court-Martial charge package for soldiers accused of detainee abuse. This court-martial setms from incidents where Iraqi detainees were stripped of their clothing and released.There is also an allegation of a detainee being shocked.

Doc_type: 
Court-Martial
Doc_rel_date: 
Tuesday, March 22, 2005
Doc_text: 

AFZX-C-CO
MEMORANDUM FOR
{ AE

SUBJECT: Memorandum of Instruction for Summary Courts-Martial Officer
1.
You are hereby appointed as a Summary Court-Martial Officer in the case of US v.

2.
You are instructed to contact the 2d ACR Legal Center as soon as possible to receive a legal 0 'd ,

briefing on the procedures for the court-martial prior to conducting your summary court-martial. OCD
g

3. You are advised that you should contact • A-\s\for all of your
administrative needs.
4. You have been given a complete copy of the Court-Martial Packet and a copy of our Summary Court-Martial Briefing Book. The briefing book contains a copy of Appendix 9 of the -c 0 . Manual for Courts-Martial, a copy of DA Pamphlet 27-7 (Guide for Summary Court-Martial a 0-Trial Procedure) and a copy of Rules for Court-Martial 1301 — 1304 of the Manual for Courts-Martial. These are the regulations you will need in order to conduct the Summary Court-Martial.
cr)
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5. Take the time to read through the entire Court-Martial Packet as soon as possible so that you 0 can determine what witness(es) you wish to call in the Court-Martial. The Trial Counsel and/or
(1)
the Defense Counsel may make suggestions as to witness(es) that you may want to call, but the decision of who to call is yours. It is your responsibility to determine which witness(es) you will need for the Court-Martial. The accused has a right to request witness(es) as well. It is your responsibility to determine which witnesses are relevant and necessary, and to ensure their attendance at the Court-Martial. Your legal advisor can assist you in this matter, as well as other aspects of the Summary Court proceedings contact the witness(es) for you.

6.
I want you to read Sections 1 & 2 of DA Pam 27-7 very carefully as soon as possible (contact your legal advisor to have your duties and responsibilities clarified).

7.
During the Court-Martial, if you have any questions regarding procedural matters, you are instructed to contact your legal advisor, — is,

001812

I'7“)

DODDOA 027226

AFZXCCO
-
-
1 2 DEC 2003
MEMORANDUM FOR Commander, I st Armored Division, Baghdad, Iraq, APO AE 09324
-
SUBJECT: Transmittal of Court Martial Char es in the ease of
I . The attached court-martial charges against illIMIIIIMMINhave been reviewed. The specifications allege offenses under the Uniform Code of Military Justice and are supported by the evidence attached. The charges are forwarded in accordance with R.C.M. 404, MCM (2002), for appropriate disposition.
2. 1 recommend:
a.
Trial by ( ) Summary Court-Martial, ( ) Special Court-Martial, Special Court-Martial empowered to adjudge a Bad Conduct Discharge, or () General Co -Martial.

b.
Nonjudicial punishment under Art. 15.

c.
Nonpunitive administrative action. ( ) Relief of duties for cause, ( ) Letter of concernlnonpunitive reprimand, or ( ) Administrative discharge proceedings.

d.
That no action be taken at this time

Qt

3 Ends
1.
Charge Sheet

2.
Allied Papers

3.
Enlisted Record Brief

0(11613

DODDOA 027227
AFZX-CB
MEMORANDUM FOR Commander, 2d Armored Cavalry Regiment, APO AE 09322
SUBJECT: Transmittal of Court-Martial Charge in the case of 0
x c)
f— Q.. 0

1. The attached court-martial charges against lialligilM have been reviewed. aa. P:f
0

The specifications allege offenses under the Uniform Code of Military Justice and are supported \c, a. by the evidence attached. The charges are forwarded in accordance with R.C.M. 403, MCM oZ (2002), for appropriate disposition. a.0
2. I recommend:
C4

a.
Trial by ( }Summary Court-Martial, ( }Special Court-Martial, ( ) Special Court-0a Martial empowered to adjudge a Bad Conduct Discharge, or ( ) General Court-Martial. Q,

b.
Nonjudicial punishment under Art. 15.

c.
Nonpunitive administrative action. ( ) Relief of duties for cause, ( ) Letter of concerninonpunitive reprimand, or ( ) Administrative discharge proceedings.

d.
That no action be taken at this time.

3 Encls
I. Charge Sheet
2.
Allied Papers

3.
Enlisted Record Brief

xa

'301814
DODDOA 027228
AFZX-CB-EN
MEMORANDUM FOR Commander, 2d Squadron, 2d Armored Cavalry Regiment, APO AE
SUBJECT: Transmittal of la' Cham es in the case of
1.
The attached court-martial charges against have been reviewed and are forwarded in accordance with R.C.M. 401, MCM (2002), for appropriate disposition.

2.
Summaries of expected testimony and documentary evidence upon which the charges are based are attached.

3.
All material witnesses are expected to be available at the time of trial.

4.
Personal data of the accused is attached as a copy of the accuseds Enlisted Record Brief.

5.
The following additional personal data of the accused is provided:

a.
Number of dependents in command: Three.

b.
Previous disciplinary actions: None.

6.
There is no record of prior court-martial convictions.

7.
The soldier is not currently pending separation action under the provisions of AR 635-200.

8.
1 recommend:

a.
Trial by ( ) Summary Court-Martial, ( ) Special Court-Martial, () Special Court-Martial empowered to adjudge a Bad Conduct Discharge, or ( ) General Court-Martial.

b.
77 : Nonjudicial punishment under Art. 15.

c.
- .: Nonpunitive administrative action. ( ) Relief of duties for cause, Letter of conc,/,...in7nonpunitive reprimand, or ( ) Administrative discharge proceedings.

d.
That no action be taken at this +;--

Ale
3 Ends
1.
Charge Sheet

2.
Allied Papers

3.
Enlisted Record Brief

DonnnA (19799Q
001815

CHARGE SHEET
1. PERSONAL DATA
4. PAY GRADE3. GRADE OR RANK
2. SSN
1. NAME OF ACCUSED (Last, First, MI)
6. CURRENT SERVICE
3. Lfi'4I Vt. ‘arti..,HIVI.t-11-5, MAN
a. INITIAL DATE b. TERM
29 May 03 4 years
8: NA3 URE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
7. PAY PER MONTH c. TOTALb. SENFOREJGN DUTY
a. BASIC
None N/ANone
II. CHARGES AND SPECIFICATIONS
VIOLATION OF THE UCK.I, ARTICLE 128.
10. CHARGE is
, U.S. Army, did, at or near Baghdad, Iraq, on or
SPECIFICATION 1: In that !
about between 15 June 2003 and 15 July 2003, unlawfully shock a detainee with an M34 blasting device.

SPECIFICATION 2: In that U.S. Army, did, at or near Baghdad, Iraq, on or
about between 15 June 2003 and 15 July 2003, unlawfully shock a detainee with an M34 blasting device.

SPECIFICATION 3: In that U.S. Army, did, at or near Baghdad, Iraq, on or about between 15 June 2003 and 15 July 2003, unlawfully strike a detainee.
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 134.
SPECIFICATION: In that ; , U.S. Army, did, at or near Baghdad, Iraq, on or about
,15,1between 15 June 2003 and 15 July 2-0. 03, wrongfully maltreat two detainees by stripping them of their clothing.
4.)

9,-0
Z

a.)
.0 'CI
71
0
C•
15' 0
PREFERRAL
n-t
a NAME OF ACCUSER (Last, First, MI)
b. GRADE c. ORGANIZATION OF ACCUSER
d. SIGNATURE OF NI3CUSER
e. DATE ko DEC 211113
AFFIDAVIT: Before me, the undersigned, authorized by law .;Q, oaths in cases of this character, personallyappeared the above named accuser this day of • -. -- . ,.....,
, , 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 personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
Typed Name or Linrcer
Organization of Officer
I Gradel 1 Official Capacity to Administer Oath (See R.C.M. 307(b) — must be a commissioned officer)
v a
Signature

: se =n1TioN IS OBSOLETE.
0016
12.
On ( '7 , .200 3 , the accused was informed of the charges against hinilher and ofthe name(s) of The accuser(s) known to me (See R.C.M. 308 (a)). (See R. C.M. 308 if notification cannot be made.)
Typed Name of Immediate Commander Organization of Immediate Corrimimu..,
tetlfal
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13.
The sworn charges were received at 133‘ hours, 9,e
ez, ew;65.3. at

DesignatiOn or uomrnanu it
Regiment, Baghdad, Iraq, APO AE 09322
Officer Exercising Summery Court-Martial Jurisdiction (See R. C.M. 403)
FOR THE

Typed NRale. ^f Officer\ Official Capacity of Officer Signing
Sign414
V. REFERRAL; SERVICE OF CHARGES
14a DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE (YYYYMMOD)
0

cZ)
Referred for trial to the court-martial convened by
, subject to the following instructions: C
C
P-By of C
Command or Order
C
Typed Name of Officer Official Capacity of Officer Signing
Grade
Signature
15. On\ , I (caused to be) served a copy hereof on (each of) the above named accused.
Typed Name of Trial Counsel Grade or Rank of Trial Counsel
Signature
FOOTNOTES: f — When an appropriate commander signs personally, inapplicable words are stricken.
2— See R.C.M. 601(e) concerning instructions. If none, so state.

DD FORM 458 (BACK), MAY 2000

001817
nnnnnA no7,rz1

DEPARTMENT OF THE ARMY
2d Armored Cavalry Regiment APO AE 09322
AFZX-C-CO
MEMORANDUM FOR Commander, 1st Armored Division, Baghdad, Iraq, APO AE 09322
SUBJECT: Recommendation for Separation Under AR 635-200, Chapter 10 (In Lieu of Trial by Court Martial)
I. I recommend (approval) (disapproval) of the request for separation from •
1 — - - - - •
, under the provisions of AR
635-200, Chapter 10.
2. I recommend that be separated from the service and issued a(n)

(General) (Other Than Honorable Discharge Certificate.
3. Pursuant to AR 635-200, Paragraph 1-35, I recommend that ;. not be transferred to the Individual Ready Reserve (IRR).
End's nc
001818
DODDOA 027232

DEPARTMENT OF THE ARMY
2d Squadron, 2d Armored Cavalry Regiment APO AE 09322
AFZX-CB
MEMORANDUM FOR Commander, 2d Armored Cavalry Regiment, Baghdad, Iraq,
APO AE 09322

SUBJECT: Recommendation for Separation Under AR 635-200, Chapter 10 (In Lieu of Trial by Court Martial) .
1. I recommend(pprov(disapproval) of the request for separation from
, under the provisions or AR
.
635-200, Chapter 10. F
mmend that SSG Peasgood be separated from the service and issued a(n) 0 (Other Than Honorable) Discharge Certificate.
o
3. Pursuant to AR 635-200, Paragraph 1-35, I recommend that not be transferred to the Individual Ready Reserve (IRR).
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Ends nc
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001819
DODDOA 027233

DEPARTMENT OF THE ARMY
84th Engineer Company
2d Squadron, 2d Armored Cavalry Regiment
APO AE 09322

AFZX-BC-EN
MEMORANDUM FOR Commander, 2d Squadron, 2d Armored Cavalry Regiment, Baghdad, Iraq, APO AE 09322
SUBJECT: Recommendation for Separation Under AR 635-200, Chapter 10 (Discharge in Lieu of Trial by Court-Martial)
1. 1 recommend approvapi(disapproval) of the request for separation by
•9, under the provisions of A.K. 6.5 -200, Chapter 10.
2.
1 recommend that be separated from the service and issued a(n) eneral (Other Than Honorable) Discharge Certificate.

3.
Pursuant to AR 635-200, Paragraph 1-35, I recommend that not be transferred Or-1 to the Individual Ready Reserve (IRR). 5.

1.1
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1?"'
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Extols ne a,
a

LD

LD

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001820

DODDOA 027234

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
82D AIRBORNE DIVISION BRANCH OFFICE
FOB RIDGWAY, IRAQ

24 December 2003

AFZA-JA-TDS

MEMORANDUM FOR Commanding General, 1st Armored Division

SUBJECT: Chapter 10 Request,

1. Request that you approve request for a
Chapter 10 for the following reasons:

a. has never been in any trouble in the entire 7 years
he has been in the service, to include article 15s.

n
o

b. - has an exemplary service record (see attached good

soldier packet). He was chosen to deploy ahead of the rest of I p
. He saved the lives of numerous Iraqi citizens by

;74,

destroying DPICM submunitions and other UXOs from neighborhoods in

ta. 0
tz14-,
Iraq. He was also on the First Response Team for the United Nations

1/4rD
bombing and was involved in evacuating casualties. He destroyed over 10,000 VS-50 AP mines and over 500 DPICM Cluster munitions. He was 0 chosen to deploy with 2nd Squadron within 96 hours over all NCOs in his company. His service record is filled with situations where he risked his life for others. In this particular case, he was involved in the stripping of detainees because he did not want to "rough them (.0 up" as ordered or kill them like the guards had done prior. It seems 0
0
ironic that those who shot looters in violation of ROE have been allowed to continue their military careers while ; is rD facing such severe consequences for the offenses charged.
c.
His immediate chain of command recommended that he receive an 0 article 15. The Regimental Commander specifically stated in the preferral packet that the case would be returned to the squadron commander for disposition. However, when that commander attempted to take action, the case was removed from his hands. Furthermore, both the Company Commander and Squadron Commander recommended approval of a chapter 10 on 24 December 2003. They both a.:1 (-$ stated that they would support a General Discharge given service record and dire family situation.

d.
has a four month old baby that was born with two
holes in his heart. He also has a two year old son who is being
treated at the moment for what the doctor's suspect is Leukemia.
Approval of the chapter 10 will deprive him of the medical benefits he
desperately needs to care for those children.

2. Based on the circumstances, the accused requests approval of the
chapter 10 request with a General discharge. AR 635-200, Chapter 10,

001821
DODDOA 027235

AFZA-JA-TDS
SUBJECT: Chapter 10 Request,

specifically authorizes such a discharge even though it is rare.

nderstands that he can receive an Other Than Honorable
discharge from this request although he simply requests that a general
discharge be considered. Thank you for your consideration of this

matter.

001822

DODDOA 027236

REQUEST FOR DISCHARGE IN LIEU OF TRIAL BY COURT-MARTIAL

DATA REQUIRED BY THE PRIVACY ACT OF 1974 (5 U.S.C. 552a)
AUTHORITY: 5 USC 301, 10 USC 3013.
PURPOSE: To be used by the commander exercising general trial by court-martial jurisdiction over you to determine approval or disapproval of your request.
ROUTINE USES: Request, with appropriate documentation including the decision of the discharge authority, will be flied in the MPRJ as permanent material and disposed of in accordance with AR 640-10, and may be used by other appropriate Federal agencies and State and local governmental activities where use of the information is compatible with the purpose for which the information was collected. Submission of a request for discharge is voluntary. Failure to provide all or a portion of the requested Information may result in your request being disapproved.
AFZA-JA-TDS. 24 December 2003

0
go

MEMORANDUM FOR Commander, 1st Armored Division go
Ia+8;
SUBJECT: Request for Discharge in Lieu of Trial by Court-%,c, a Martial
o
- CD
voluntarily request discharge in lieu of trial by court-martial a L/J under the provisions of AR 635-200, Chapter 10. I understand 0 that I may request discharge in lieu of trial by court-martial
a
because charges have been preferred against me under the
Uniform Code of Military Justice that authorizes the imposition

0 a
of a punitive discharge. I have been charged with violating
Articles 128 and 134 of the Uniform Code of Military Justice.

2.
1 am making this request of my own free will and have not
been subjected to any coercion whatsoever by any person. I have
been advised of the implications that are attached to it. By
submitting this request for discharge, I acknowledge that I
understand the elements of the offenses charged, have discussed
the elements and evidence with a trial defense lawyer detailed
to represent me, and understand that I am guilty of a charge
against me or of a lesser included offense therein contained
which also authorizes the imposition of a punitive discharge.

3.
Prior to completing this form, I have consulted with counsel
who has fully advised me of the nature of my rights under the
Uniform Code of Military Justice; the elements of the offense
with which I am charged; any relevant lesser included offense
thereto; the facts which must be established by competent

001823

DODDOA 027237

AFZA-JA-TDS
SUBJECT: Request for Discharge in Lieu of Trial by Court-
Martial

evidence beyond a reasonable doubt to sustain a finding of guilty; the possible defenses which appear to be available at this time; and the maximum permissible punishment if found guilty. Although I have been provided legal advice, this decision is my own.
4. I understand that, if my request for discharge is accepted,
I may be discharged under conditions other than honorable and
furnished an Under Other Than Honorable Conditions Discharge
Certificate. I have been advised and understand the possible
effects of an Under Other Than Honorable Conditions Discharge
and that, as a result of the issuance of such a discharge, I may
be deprived of many or all Army benefits, that I may be
ineligible for many or all benefits administered by the Veterans
Administration, and that I may be deprived of my rights and
benefits as a veteran under both Federal and State law. I also

undelstad that I may expect-to-enceunter-subst-antial in civilian life because of an Under Other Than Honorable Conditions Discharge. I further understand that there is no automatic upgrading nor review by any Government agency of an Under Other Than Honorable Conditions Discharge and that I must apply to the Army Discharge Review Board or the Army Board for Correction of Military Records if I wish review of my discharge. I realize that the act of consideration by either board does not imply that my discharge will be upgraded. I further understand that if I am issued an Under Other Than Honorable Conditions Discharge, I will automatically be reduced to the rank of Private (E -l7.
5.
I understand that once my request for discharge is submitted, it may be withdrawn only with the consent of the commander exercising general court-martial authority, or without that commander's consent, in the event trial results in an acquittal or the sentence does not include a punitive discharge, even though one could have been adjudged by the court. Further, I understand that if I depart absent without leave, this request may be processed and I may be discharged even though I am absent.

6.
I have been advised that I may submit any statements I desire on my own behalf to accompany my request for discharge. Statements in my own behalf are submitted with, this request.

2 001824
DODDOA 027238
AFZA-JA-TDS

SUBJECT: Request for Discharge in Lieu of Trial by Court-

Martial

7. I hereby acknowledge receipt of a copy of this request for
discharge.

B. I do not request a separation physical.

9.
I request a delay in the processing of all trial by court­martial charges against me pending final action on my request
for discharge UP AR 635-200, Chapter 10.

10.
Under the provisions of paragraph 10-5, AR 635-200, if the

c)
charges are referred to trial and trial results in acquittal or o the sentence does not include a punitive discharge, even though 0 one could have been adjudged by the court, withdrawal of this
s•••-•
d
request for discharge is, hereby automatically requested without ¦••
p—p
any further action on the part of the accused or his counsel.

as 17
ra,
o
-‹
•••••• • •—•.
CD
C

CD
******STATEMENT OF COUNSEL******

cD
o
Having been advised by me of the basis for his contemplated
trial by court-martial and the maximum permissible punishment
authorized under the Uniform Code of Military Justice; of the
possible effects of an Under Other Than Honorable Discharge if
this request is approved; and of the procedures and rights
available to him, , personally made the
choices indicated in the foregoing request for discharge in lieu
of trial by court-martial.

001825
3
DODDOA 027239

RECORD OF TRIAL BY SUMMARY COW-. -MARTIAL

I a. NAME OF ACCUSED (Lost, First, MI) b. GRADE a_eUNIT 00 r,Eir, A MI7 a -rinni OF ACCUSED d.\SSP!
OR RANK
BAGHDAD, IRAQ. ,
2a. NAME OF CONVENING AUTHORITY (Lost, b. RANK c.\POSITION d.\(ThPn A M" A.TION OF CONVENING AUTHORITY
First. MI) _ _...._.
BAGHDAD, IRAQ,
3a. NAME OF SUMMARY COURT-MARTIAL b. RANK c. UNIT OR ORGANIZATION OF SUMMARY COURT-MARTIAL
(IfSCM was accuser, so stare)
BAGHDAD, IRAQ,
(Check appropriate answer) YES '
4,
At a preliminary proceeding held on 20 0 4 - , the summary court-martial gave the
accused a .copy o f the charge sheet. X
5. At that preliminary proceeding the summary court-martial informed the accused of the following:

1111M
a. The fact that the charge(s) had been referred to a summary court-martial for trial and the date of referral.
X
b. The identity of the convening authority.
X
c. The name(s) of the accuser(s).
X
d. The general nature of the charge(s)
X
e. The accused's right to object to trial by summary court-martial.
X
1. The accused's right to inspect the allied papers and immediately available personnel records.
X
g.
The names of the witnesses who could be called to testify and any documents or physical evidence which the summary court-martial expects to introduce into evidence..

h.
The accused's right to cross-examine witnesses and have the summary court -martial cross -examine on behalf of the accused.

X
i. The accused's right to call witnesses and produce evidence with the assistance of the summary court-martial if
X
necessary.
j. That during the trial the summary court-martial would not consider any matters, including statements previously
made by the accused to the summary court-martial, unless admitted in accordance with the Military Rules of Evidence. X
k.
The accused's right to testify on the merits or to remain silent, with the assurance that no adverse inference would be drawn by the summary court-martial from such silence. , X

I.
If any findings of guilty were announced, the accused's right to remain silent, to make an unsworn statement, oral or written or both, and to testify and to introduce evidence in extenuation or mitigation.

X
m. The maximum sentence which could be adjudged if the accused was found guilty of the offense(s) alleged.
X
n. The accused's right to plead guilty or not guilty.
X
8.
20 04 , the accused, after being given a reasonable time to
At the trial proceeding held on
decide, . did rE] did not object to trial by summary court-martial.

-
(Note: The SCM may ask the accused to initial this entry at the time the election is made.)
(Initial)
7a.
0 was not represented by counsel. (If the accused was represented by counsel. complete 5, c. and ,c1 below.)
The accused . was
c. RANK (If any)
NAME OF COUNSEL (Last, First, MI)
b.
d. COUNSEL QUAL1FICAT1ONS
DD FORM 2329, AUG 84 (EG) 001.82 6

DODDOA 027240

a. The accused was arraigned on the k. -wing charges and specifications. The accused', as and the findings reached are shown below: CHARGE(S) AND SPECIFICATION(S KENS) FINDINGS (Including any exceptions and substitutions)
CHARGE I: ARTICLE 128, UCMJ. Guilty. Guilty.

Specification 1: Unlawfully shock,,

Guilty. Guilty.

between o/a 15 Jun 03 and 15 Jul 03,
an Iraqi detainee with an M34 shocking
device.

n .-izi
Specification 2: Unlawfully shock, 0 g
w

Guilty. Guilty.

between o/a 15 Jun 03 and 15 Jul 03,

°

an Iraqi detainee with an M34 shocking 1 w device. CD 1—r
Specification 3: Unlawfully shock, between o/a 15 Jun 03 and 15 Jul 03, an Iraqi detainee with an M34 shocking Guilty. Guilty. a. 0 0.. PZ/ '..0 coi_
device. CHARGE II: ARTICLE 134, UCMJ. Guilty. Guilty. Z 1(12)0g"' a C) I:L'
Specification: Wrongfully maltreat, between o/a 15 Jun 03 and 15 Jul 03, two detainees by stripping them of their clothing. Guilty. Guilty. nc.,-)n 0
I7J
CD h-6

COPY RECEIVED ON n
S

0
c)

p—.
9. The following sentence was adjudged: To be and to forfeit
-

10. The accused was advised of the right to request ii. The accused was advised of the right to submit written matters to the
convening authority, including a request for clemency, and of the right to is adjudged.) request review by the Judge Advocate General. D YES isi NO 2 YES D NO
-that confinement be deferred. (Note: When confinement
12. AUTHENTICATION •
DateSignature of Summary Court-Martial .
13. ACTION BY THE CONVENING AUTHORITY
Typed Name of Convening Authority
Rank
Date
Signature of Convening Authority .
DODDOA 027241
UNITED STATES

V
STIPULATION OF
FACT
9 January 2004
rab
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
1.
It is hereby stipulated between Trial Counsel and Defense Counsel, with the express consent of the accused, that the following facts and attachments are true, susceptible of proof at trial, and admissible under the Military. Rules of Evidence. These facts can be considered by the Summary Court-Martial in determining the providency of the accused's pleas of guilty and in determining the appropriate sentence even if the evidence of the facts is otherwise inadmissible. Accused and Counsel agree to waive any possible objections, which may properly be waived, under the Military Rules of Evidence, the United States Constitution, and applicable case law, to matters contained in this stipulation.

2.
The accused, i is presently a soldier on active duty in the United States Army. He was on active duty and has been continuously on active duty since 15 June 2003.

3.
The accused was at Baghdad, Iraq, between 15 June 2003 and 15 July 2003.

4.
The accused, unlawfully struck a detainee at or near Baghdad, Iraq between 15 June and 15 July 2003. - pushed the detainee to the ground and placed his foot into the detainee's chest. The detainee did not act in any manner to provoke such response by -

5.
The accused, , was present while a subordinate soldier stripped detainees of their clothes. i did not do anything to stop this conduct.

6.
Striking a detainee unlawfully, and allowing a subordinate to strip the detainee of their clothes substantially hinders the rebuilding of Iraq and undermines the trust Iraqi Local Nationals need to facilitate relations between the United States Government and the Iraqi people.

001828
DODDOA 027747
7. At no time during the events in question was the accused laboring under any mental disease or defect which might have tended to preclude him from appreciating the nature and consequences of his actions.
001829
DODDOA 027243
UNITED STATES

APPENDIX I (QUANTUM)
8 January 2004
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1_ I, — 1, offer to plead guilty to the Charges and Specifications, as stated in the Offer to Plead Guilty, and offer to abide by the other terms and conditions set forth in the Offer to Plead Guilty, provided the Convening Authority withdraws the current charges from a Special Court-Martial and then refers the charges to a Summary= Court-Martial.
2. Except as limited above, any other lawful punishments can be approved.
U.S Army Commanding
001830
DODDOA 027244
UNITED STATES
v. OFFER TO PLEAD GUILTY
8 January 2004
****************************************************************M***********
I. I, ie accused in a pending court-martial, offer to plead guilty as set forth in this paragraph:
To Charge I Specification I: Not Guilty
To Charge I Specification 2: Not Guilty
To Charge I Specification 3: Guilty
To Charge 1: Guilty
To Charge II and its Specification: Not Guilty
2. As part of this offer, I also agree to the following:
a.
I agree to enter into a Stipulation of Fact correctly describing the offenses to which I am offering to plead guilty if such stipulation is requested by the Trial Counsel. I also agree that this stipulation may be used to inform the presiding officer of the summary court-martial of matters pertinent to findings and sentence.

b.
I understand that if I were tried by general court-martial, I have a right to be tried by a court consisting of at least five officer members (three members if tried by special court-martial), or by a court consisting of at least one-third enlisted members. None of the members would come from my company. I further understand that I have a right to request trial by military judge alone, and if approved, there would be no court members and the judge alone would decide whether 1 am guilty or not guilty. If the military judge then found me guilty, the judge alone would determine my sentence. Knowing all the above, I request to be tried by summary court­martial.

3.
I agree to take the actions above provided that the Charges are referred to a Summary Court-Martial.

4.
I understand that I may request to withdraw the plea of guilty at any time before my plea is accepted and that if I do so, this agreement is canceled. This agreement may also be canceled if:

a.
I fail to fulfill any promise contained in the agreement, or

b.
The Stipulation of Fact is modified at any time without my consent; or

c.
The presiding officer of the surrunary court-martial's inquiry reveals a disagreement as to a material term in the agreement, or

d.
My withdrawal from the pretrial agreement (whichI understand that I have the right to do at any time).

001831
DODDOA 027245
5. This writing, including Appendix I (Quantum), includes all terms and conditions of this Offer to Plead Gui lty and contains all promises made to me or by me concerning my plea of guilty, There are no other terms or conditions that are not contained in this writing.
Date: January 2004
1 have explained all terms and provisions of the forgoing Offer to Plead Guilty (to include Appendix I) to the accused and am satisfied that he understands their meaning and effect.
Date: g January 2004
The foregoing offer is (accepted) (rejected)
Date:
U.S. Army Commanding
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001832

DODDOA 027246

DEPARTMENT OF THE ARMY 2d Armored Cavalry Regiment APO AE 09322
REPLY TO
ATTENTION OF

AFZX-C-CO 4 September 2003
MEMORANDUM FOR Commander, 2d Squadron, 2d Armored Cavalry Regiment, APO AE
09322

SUBJECT: Recommendations for Action Regarding AR 15-6 Investigation
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1. I have reviewed the AR 15-6 investigation into detainee abuse by soldiers in the
I concur with the investigating officer's findings.

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2. Based upon this investigation, I have recommended that the Commanding General, First
Armored Division, relieve ..., i for cause for maltreating detainees. a a,
3.
In accordance with your recommendations, I am returning full authority to you to discipline n a manner that you believe is appropriate.

4.
Finally, I am concerned that soldiers from the _ . did not understand the Rules of Engagement for handling detainees and for using deadly force against intruders within C

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your base camp. • I.direct you to evaluate your subordinates' understanding of the Rules of .E4gagement. :Based ipon your review, you y want to, consider additionali
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tranng on the Rules of Engagement and the law of war. 4 , . , . o
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00183 3
DODDOA 027247
DEPARTMENT OF THE ARM
2D ARMORED CAVALRY REGIMENT
APO AE 09322

REPLY TO ATTENTION OF

AFZX-C-JA
12 8 .AUG 2003
MEMORANDUM FOR RECORD
SUBJECT: Chain of command recommendation of relief for cause of
za_,F,aaa.-.e•
I. Ont 8 AUG , the soldier's company commander, recommended that r be relieved for cause.
2. 0112 8 AUG 2003 , the soldier's squadron commander,
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recommended that be relieved for cause.
3. On 2 8 AUG 2003 , the soldier's regimental commander, ay, recommended 7+1
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that ' ___{ , be 'relieved for cause. a. pd
4. POC is the undersigned at DNVT 587-4512.
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001834
DODDOA 027748
DEPARTMENT OF THE ARMY ay, 2d Armored Cavalry Regiment Camp Dragoon, Baghdad, Iraq APO AE 09322-2381
AFZX-CB-EN 27 August 2003
MEMORANDUM FOR COMMANDER, 2 ° ARMORED CAVALRY REGIMENT
SUBJECT: Response to 15-6 Investigation
During Operation Scorpion Sting our whole platoon was attached to Eagle Troop. We assisted them in
cleaning up the streets from copper wire in their sector. We spent two days doing that, and we would take
at least 15 tuck loads of copper wire to the back of the camp each day. About one week later, we got a call
from Cougar x-ray to go Link up with Eagle Troop to go pick up some copperwire. When we got there we
loaded up the copper wire into our trailers, and headed back to the camp were we had put the copper wire
from the week before. As we arrived to the camp, we saw several Iraqi citizens running from were we had
put the copper wire the week prior. lad I chased
after them We didn't catch them, so we headed back were everyone else was at. About 20 minutes later
fold the platoon sergeant that he wanted to go after them again. He said ok. When .
got back from going after the looters, he casae back with five detainees. We down loaded them and had
them help the other two unload the trailers. I stayed at my truck because I was hurting from the heat. I also
explained to my soldiers why we need to give the detainees water. Then, after we had them finish down.
loading the trailers, we took them to the CMOC.
That day and said they saw me'shook a detainee. The statements were false, I did
not shock a detainee. After brought bank the five detainees, was on the 27 truck as
a Iv2249 gunner, ' stayed at his truck.like I did because he also was hurting from the heat. All of
our trucks were about fifty feet apart at the site facing the opposite way from each'other pulling security.
never once, that I saw, got off of the truck he was on to do anything. I never saw
come around my truck after arriving back at Camp Marlboro. He was a nrior heat injury so he really did not
move out of his truck unless it benefited him: I feel that both and have had it out for
me sense they both got moved from my squad.
Periodically we would go in the back entrance of the camp M see if we could catch looters in the back of
the camp. two
two occasions we detained 'Caters. The first time, we took them to the CMOC were we attempted to hand them over to Bulldog elements. Bulldog 6 told my platoon sergeant that he didn't want them here. Then he told my platoon sergeant to "take them out back and beat the fuck out of them." I thought he was serious because every sense we had crossed the berm, it appeared that he had it out for the Iraqi people. We took the detainees to a building in back of the camp, and a team leader in the platoon told the platoon sergeant if he wanted to teach them we should strip them and send them on there way. We could have shot them because they said that they were breaching the outer perimeter. At the time we were way beyond the outer, perimeter. We didn't make the outer perimeter until the first week in August. The ROE was to only shoot when you felt your life or another soldier's life was threatened or when fired upon. The Bulldog element was shooting the looters I thought that was to extreme at the time. Therefbre, the platoon sergeant didn't want to shoot them and that is why they got stripped.
,
July 3, 2003 was the day that brought back a detainee to the warehouse where we lived. I don't
now why he did that, or what he was thinking when he brought him back. That day we went to go get cokes for the 4 th of July party at the camp. When we headed back to•the camp we entered into the back gate because I believe the front gate was closed due to the threat con. As we entered the back gate, there were
Iraqi people running from were the copper wire was at. As we started to chase them I got a flat tire, so my truck stopped and we waited for the other trucks. We headed back to the camp and I went to get the sparec had pulled in with a detainee in the
tire so my squad could fix the flat tire. When I came backback of his truck. We unloaded him and nut him next to the wall. The platoon sergeant sent everyone to
: said that he would watch him while we go to chow. ThechoW sense it was about to be over.
001835
nnnnr) A no7,-)An
two soldiers of mine also stayed back that day so they change the tire. When soldiers in the platoon found
out that brought back the detainee they were going back there to take pictures. I told them to
stop. I don't knoW what happen while I was at chow, but when We got done with chow we took the detainee
to the CMOC. When you come in the way we enter into the building, you can not see to the other half of
the warehouse due to a carno net up between were we parked our trucks and were we live. So when I came
back I couldn't see if anything was happening around the trucks.
I don't understand why only two people in the platoon said they saw me do something I didn't do.
Everyone else in the platoon said they didn't see me do any of those things.
I admit to participating in the stripping of an Iraqi national. I know this was wrong. I am sorry for this and am fully prepared to take responsibilityfor my actions and the consequences. I have not beat, kicked, or otherwise physically abused Iraqi nationals at any point in time during my timein theatre.
I have been in the Regiment for six of the seven years I have been in the Army. I deployed ahead of the Regiment with 2nd Squadron. Due in large part to my expertise in engineer operations and ability to make quick and sound judgments, I was selected as one of 10 engineers to accompany the squadron. My service
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to the country and Regiment is a source of great pride for me. Hoek forward to continuing to serve both as
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001836

DODDOA 027250

DEPARTMENT OF THE ARMY y, 2d Armored Cavalry Regiment Camp Dragoon, Baghdad, Iraq APO AE 09322-2381

AFZX-CB-EN 28 August 2003
MEMORANDUM FOR COMMANDER, 2ND ARMORED CAVALRY REGIMENT
SUBJECT: Response to 15-6 Investigation
I have worked with _ _ _ _ for approximately one year. During that year he served as the second sound leader, performing well above the standards. When 2/2 ACR received deployment orders, .
was chosen to deploy ahead of the rest of the f. He was selected based on his lmowIedge on engineer task and his ability to make quick, so-und decisions. These were characteristics needed to provide initial advice to the Squadron Commander andthe TAC. saved numerous lives of Iraqi citizens by destroying DPICM submanitions and other UXO's from neighborhoods in Iraq. He had always had the best interest of the locals in mind.. The platoon started assisting Bulldog Company with looters on Camp Marlboro's "back 40" around mid June 2003. During this time - i was involved with detaining several looters from the back 40. On one occasion, that I was present for, 3-4 looters were detained. We attempted to hand them off to Bulldog personnel and were told to take the looters out scare them, rough them up and release them. I return to our platoon AC and sent the others trucks out to release the looters. Just a day or two earlier a looter had been shot and killed on the back 40, therefor the PSG and made a decision to make the detainee strip. This was done to embarrass the looter so he would not return to be shot and possibly killed. The decision may not have been the right one politically, but was effective on saving the lives of those looters. .•,- realizes that the wrong decision was made and is prepared to accept the consequences of his actions.
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DODDOA 027251

DEPARTMENT OF TEE ARMY , Armored Cavalry Regiment Camp Dragoon, Baghdad, Iraq APO AE 09322-238i
AFZX-CB-EN 27 August 2003
MEMO4NDUM FOR COMMANDER, 2 ARMORED CAVALRY REGIMENT
SUBJECT: Response to 15-6 Investigation
During th' first week of June 2003, we first detained looters 'from the back of Camp Marlboro. At the time we (EN 2 ,EN22) took the looters to the CMOC, they told us they could not take them at the time, and told us to take them out and scared them. I told my translator to tell the looters they are going to the jail. After we told rn they are going to jail, we took them to their house next to Camp Marlboro, turned them over to their family, and witnessed the detainee's father beat them front of us. When•I saw this, I told all my -cE squad lea ers when we detain any looters we will take them back to their family, The second time wedetained 1 oters, I took them backto their house located down an ally. I didn't feel comfortable going 0
"_,
down the lleyway and I didn't want my platoon to get ambushed, so. I decided that the next time we
detained l oters I wasn't going to take them back to their house.

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. In mid June 2003, my platoon was on a mission to retrieve copper wire and drop off in the back of Camp Marlboro!, We again detained looters from the back of Camp Marlboro. Instead of taking them to their
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house, I too
k them to the CMOC. At the time our ROE was not to shoot the looters. Only time we were
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authorized to shoot or kill anyone was when we felt our life or another soldiers' life was in danger, i.e.; rzld someone is pointing weapon at you or get shoot at. That's what I understood about our ROE. It wasn't true
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because Bulldog element shot and killed one looter, and wounded at least two other people. When they shot and killedi the looter, they put the dead body on the hood of a vehicle and took the body into Al-Thawra. Cl)When I tolok the looters from the back of Camp Marlboro I could have shot and killed them when they tried
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to run, but. I didn't. I attempted to turn them over to Bulldog elements and let them take care of it. When I
walked inlo the CMOC (same location as Bulldog TOC) I saw , and told I have. detained the
looters fo them. At that time told me, "just take them back and beat the fuck out of them". I CD
was shackled at what he just told me to do. _I was standing next to me and heard what was
said. I walked out and told the squad leaders what - had just told me. I was going to just take. CD
them out f Camp Marlboro and release them. At that time , said; if you want to teach them a 0
lesson, w y don't you strip them and send them away. When told me I really wasn't thinking
about stri ing the looters, but while I was taking the looters to the back of the camp, I realize these looters
will re and possibly be killed by Bulldog elements. I didn't want that to happen to them, so when we
stopped a the back of Camp Marlboro there was an empty building we went to. I wanted to just release
them but feared that they would return. I made a bad decision and told o strip the detainee. I
know thatilt was not the right thing to do, but at the same time I wanted for the detainee to never want to
return to dur camp to steal. I never saw the same looters again after that striping.

On 3 July ;2003 we had a mission to pick up sodas for the squadron 4 th July party. When we were coming
back frorrj picking up the sodas we saw looters at the back of Camp Marlboro. We tried to detain them, but
they got away. EN22 had a flat tire, so I told EN22, EN23 to return back to camp. When EN23 aurae in to

AO, told me he had detained a looter after all. I told him we would just take him back later
our
since dinnler chow was almost ending. I told them to go to the chow, then we will take the looter back to the
CMOC. didn't want to eat so he stayed back and -watched the detainee. After I returned from

as I was bouncing a soccer bail on the detainees'
chow, I was sitting on my cot, told me . what the hell he was doing and told him not tohead. I 4n t to the back of the AO and asked was back at our AO, I told
dot that again. We took the 'detainee to the CMOC. When the entire platoon
them we vimuld not abuse or miss treat detainees. When we do pick up any detainees in future we will just

take them Ito the COMC.
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Around mid July 2003, while we were returning from the RTOC, I saw a person on the top of the telephone pole cutting wire. We stopped and detained them. I was with EN26, SIGO, when ,I detained the individuals and took them to the CMOC turning them over to Bulldog elements.
On 19 July 2003, we were going to the ASP. Navy a person pointing to a vehicle and copper wire on the sidewalk. It looked like someone stole the wire. I told EMI, EN22 to stop. When I walked up with my translator to try to find out where they got this copper wire, my translator told me it was stolen. I was trying to talk to the Iraqi citizen Who owned the vehicle to find out where he got this wire from when he Tried to push me or grab me. I felt like he was going for my weapon. I grabbed him and told my Driver to hand cuff him. While we were trying to put the handcuffs on, .I heard gun shots coming from my left. I told
;tay and cuff the detainee. When I walked over to the vicinity the gunshot came from, I saw a person with an AK-47 ready to shoot again. The individual was aiming at EN2I, I fired 3 shots and took him down. When I walked over to the body, I saw that it was a female, she was trying to get to the AK-47 she dropped. took the AK-47 and took her to Camp Marlboro. i gave the shooter first AID, and she Iived. Later we found out, from our translator who escorted the women through the medical channels, that the woman's brother was the shooter. After he ran she thought he was shot and brought out another AK47. I feel that if I had not taken the actions I did, that she would have shot and possibly killed members of my platoon who could not see her. I know that what I did was wrong, I made a bad judgement cats on stripping the looters. I am ready to take responsibility for my action.
00183 9

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DEPARTMENT OF TRE ARMY
2d Armored Cavalry Regiment Camp Dragoon, Baghdad, Iraq APO AE 09322-238l
AFZX-CD-EN 28 August 2003
MEMORANDUM FOR COMMANDER, 21413 ARMORED CAVALRY REGIMENT
SUBJECT: Response to 15-6 Investigation
was assigned to 84th Engineer Company as 2nd Platoon Sergeant about two weeks after I took over as the Platoon Leader. Since his first day, he has mentoredand coached me to be a leader. His emphasis on taking care of the soldier and living the Army values has set a base for'my development as an officer. During Operation Iraqi Freedom, has demonstrated his ability to react to any situation, ranging from helping a depressed soldier to calming upset citizens of Iraq. When the platoon started detaining looters, was the first to make sure they were treated right. He would give water to the thirsty and when informed of possible mistreatments, he talked to the platoon to make sure it would not happen. For a brief period looters were being shot when looter on the back of Camp Marlboro. When told to rough up, scare, and release detainees felt it necessary to embarrass them to the point they would not return to loot and possibly get shot. His decision was to make be detainee strip and walk home nude. The decision may not have been the best, but it worked. r is aware that he made a bad choice, but in that choice had saving the lives of the looters in his mind. He is a great asset to the platoon and should not be punished to the point of losing his position as Platoon Sergeant.
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001840

DODDOA 027254

DEPARTMENT OF THE ARMY 2d Armored Cavalry Regiment APO AE 09322
AFZX-CB-EN
MEMORANDUM FOR Commander, 2d Armored Cavalry Regiment
SUBJECT: Investigating Officer's Report
I acknowledge receipt of the AR 15-6 investigating officer's report and accompanying memorandum from the -Commander, 2d ACR. I acknoWledge that I will have three days from today's date to reply to this report and to submit relevant rebuttal materials on my behalf.
I waive my. rights to reply to this investigation in writing and to submit any rebuttal materials.
I request an opportunity to reply to this investigation in writing and submit rebuttal materials on my behalf.
DATE: c2 5 /, a. D6 3
941 457):.r5
001841
DODDOA 027255

DEPARTMENT OF THE ARMY
2d Armored Cavalry Regiment APO AE 09322
AFZX-CB-EN
MEMORANDUM FOR Commander, 2d Armored Cavalry Regiment
SUBJECT: Investigating Officer's Report
I acknowledge receipt of the AR 15-6 investigating officer's report and accompanying memorandum from the Commander, 2d ACR. I acknowledge that I will have three days from today's date to reply to this report and to submit relevant rebuttal materials on my behalf.
I waive my rights to reply to this investigation in writing and to submit any rebuttal
materials. o 8
I request an opportunity to reply to this investigation in writing and submit rebuttal materials on my behalf.
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001842
DODDOA 027256
)E.E'Alk I IVILIN I UI 1 rib &tun x He lInters, 2d Armored Cavalry Regi APO-AE 09322

AFZX-C-CO 23 August 2003
MEMORANDUM FOR
SUBJECT: Notification of AR 15-6 Investigating Officer's Report
1.
I have reviewed the Investigating Officer's report into alleged detainee abuse by soldiers in your platoon. I concur with investigating officer's findings. You mistreated Iraqi detainees who were under your control.

2.
I have provided you with a copy of this AR 15-6 investigation. Before I take final action on this matter, you will be afforded an opportunity to submit a reply to the investigating officer's report in writing and submit relevant rebuttal materials. I will review and evaluate your response before I take final action on this report. Yoill have three days from the date you receive this memorandum to submit your reply and reb

Encl.
001843
DODDOA 027257

DEPARTMEN I' UV ILS: Attivi iarters, 2d Armored Cavalry Rep APO-AE 09322
AFZX-C-CO 23 August 2003
MEMORANDUM FOR d
SUBJECT: Notification of AR 15-6 Investigating Officer's Report
1.
I have reviewed the Investigating Officer's report into alleged detainee abuse by soldiers in your platoon. I concur with investigating officer's findings. While serving as the platoon sergeant, you mistreated Iraqi detainees who were under your control.

2.
I have provided you with a copy of this AR 15-6 investigation. Before I take final action on this matter, you will be afforded an opportunity to submit a reply to the investigating officer's ,__k kreport in writing and submit relevant rebuttal materials. I will review and evaluate your response before I take final action on this report. You will have three days from the date you receive this memorandum to submit your reply and rebuttal.

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3. You are suspended from your platoon serant duties pending resolution of this matter.
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001844
DODDOA 027258
15-6 Rport
Maltratrnait of 40aiMg
Juig - fiugust 2003

001845
DODDOA 077759
AFIX-C-JA 12 August 2003
MEMORANDUM FOR Commander, 2d Armored Cavalry Regiment
SUBJECT: 15-6 Report of Investigation, Maltreatment of Detainees, July-August 2003
1.
I have reviewed the subject report of investigation. The report is legally sufficient and the recommendations are consistent with the findings.

2.
The appointing authority should consult with the trial counsel regarding UCMJ or other adverse actions prior to taking them.

3.
For administrative completeness the appointing authority should complete Section VIII of the DA Form 1574.

4.
There is no legal objection to approval of the findings and recommendations of the investigating officer.

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REPORT OF PltOtEELDINGS BY INVESTIGATING OfFICETi/E6AFID OF OFFICERS
-.
For use /iTird form, see AR 15-6: the propbnent agency is OTJAG.
if MORE SPACE IS REQUIRED IN FELING OUT ANY PORTION OF THIS FORM, ATTACi4' A.DDITIO1srAL SHEA'
SECTION•I - APPOINTMENT
Appointed by
(Appointing authority)
....: 3th.,t 2603 • .(Attach inclosure 1: Letter of apppintment or summary of oral appointment data.) (See para 3-15, AR 15.-6.);•
• .rpc40
SECTION II - SESSIONS
The (investigation') (board) commenced at Camp Marlboro, Baghdad, Iraq at
(Place). Crime)

on.,'• 231uly. -8 Aug 03 .(If a formal board met for mare than one session, check here . . Indicate In an inclosure the rime each session began and present .and absent, and 4xplanation otalmences, if any.) The following persons (members, respondents, counsel)• were 7:PreiP•-
tit: •(4fter.name , inch:core capacity, e.g., President, Recorder, Member, Legal Advisor.)
The following persons (members, respondents, counsel) were absent: (Include brief explanation of each absence.) (See paras 5-2 and 5-8a, Al? I5-6.)
The (investigating officer) (board} finished gathering/hearing evidence at -and completed findings and recommendations at I800hrs (IFine). 1600hrs on (lime). on 8 August 2003 (Date) 10 August 2003 (Date)
OMPLETE IN•ALL CASES : In6114stires (para'3.)5, AR 15-6) . . Are the following inclosed and numbered consecutively with Roman numerals: (Attached in order listed) a. The letter of appointment-or a summary of oral appointhaent data? b. Copy of notice to respondent, if any? (See item 9, below) • .• c, Other correspondence with respondent or counsel, if any? d. All other written -communications to or from the appointing authority? -e.. priyacy, Act5tatements (Certificate, if statement prdvidedorally)? f; . -Explanation by the investigating officer or board of any unusual delays, difficulties, irregularities, or other problems encouniered .•(e.g., absence of material .witnesses)?.. _ X X -X . • 001847 1 ..
rInni-Nr,

Exhibits fpara 3-16, AR 15-6)
YES NON NA
a.
Are all items offered (whether or not received) or considered as evidence individually numbered or lettered as
exhibits and attached to this report? X

b.
Is an index of all exhibits offered to or considered by investigating officer or board attached before the first exhibit?

c.
Has the restiniony/statement of each witness been recorded verbatim or been reduced to written form and attached as
an exhibit?

d.
Are copies, descriptions, or depictions (i f substituted for real or documentary evidence) properly authenticated and is
the location of the original evidence indicated?

e.
Are descriptions or diagrams included of locations visited by the investigating officer or board (para 3-6b, AR 15 -6)?

f.
Is each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made an
exhibit or recorded in a verbatim record?

g.
If official notice of any matter was taken over the objection of a respondent or counsel, is a statement of the matter ' of which official notice was taken attached as an exhibit -(para 3-76d, AR 15 -6)? X

X
3 Was a quorum present when the board voted on findings and recommendations (paras 4-1 and 5-26, AR 15 -6)?
B. COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter 5, AR 15-6)
4 At the initial session, did the recorder read, or determine that all participants had read, the letter of appointment (para 5-36, AR 15 -5)?
5 Was a quorum present at every session of the board (para 5-26, AR 15 -6)?

6 -Was each absence of any member properly excused (para 5-2a, AR 15 -6)?
7 Were members, witnesses, reporter, and interpreter sworn, if required (pm 3 -1, AR 15 -6)?
S If any members who voted on findings or recommendations were not present when the board received some evidence,
does the inclosure describe how they familiarized themselves with that evidence (para 5-2d, AR 15 -6)?

C. COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section 11, Chapter 5, AR 15 -6)
9 Notice to respondents (para 5-5, AR 15 -6) -

a.
Is the method and date of delivery to the respondent indicated on each letter of notification?

b.
Was the date of delivery at least five working days prior to the first session of the board?

c.
Does each letter of notification indicate —

(1) the date, hour, and place of the first session of the board concerning that respondent?
(2)-the matter to be investigated, including specific allegations against the respondent, if any?
(3)
the respondent's rights with regard to counsel?

(4)
the name and address of each witness expected to be called by the recorder?

(5)
the respondent's rights to be present, present evidence, and call witnesses?

d.
Was the respondent provided a copy of all unclassified documents in the case file?

e.
If there were relevant classified materials, were the respondent and his counsel given access and an opportunity to examine them? 10 If any respondent was designated after the proceedings began (or otherwise was absent during part of the proceedings):

a.
Was he properly notified (porn 5-5, AR 15-6)?

b.
Was record of proceedings and evidence received in his absence made available for examination by him and his counsel (para 5-4c, AR 15-6) ,

11 Counsel (pant 5-6, Ai? 15-6):
a. Was each respondent represented by counsel?
Name and business address of counsel:
(If counsel is a lawyer, check here . )
b.
Was respondent's counsel present at all open sessions of the board relating to that respondent?

c.
If military counsel was requested but not made available, is a copy (or, if oral, a swnmary) of the request and the
action taken on it included in the report (para 5-66, AR 15 -6)?

12 If the respondent challenged the legal advisor or any voting member for lack of impartiality {para 5-7, AR 15 -6):
a.
Was the challenge properly denied and by the appropriate officer?

b.
Did each member successfully challenged cease to participate in the proceedings?

13 Was the respondent given an opportunity so (para 5-8a, AR 15-6):
a.
Be present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent?

b.
Examine and object to the introduction of real and documentary evidence, including written statements?

a.
Object to the testimony of witnesses and cross-examine witnesses other than his own?

d.
Call witnesses and otherwise introduce evidence?

e.
Testify as a witness?
f.Make or have his counsel make a final statement or argument (porn 5-9, AR 15 -6)?

14 If requested, did the recorder assist the respondent in obtaining evidence in possession of the Government and in arranging for the presence of witnesses (pant 5-8b, AR 15-6)?
15 Are all of the respondent's requests and objections which were denied indicated in the report of proceedings or in an inclosure or exhibit to it (para 5-11, AR 15 -61?
nnnnnA no7,-)c,-)
001848


SECTION IV - FINDINGS (para 3-10, A)? 15-6)
The (investigating officer) (board), having carefully considered the evidence, finds:
find that soldiers of 2nd Platoon, 84th Engineers Company have committed detainee abuse.

The first incident was on or about the middle of June 03. An Iraqi civilian was detained in the fields behind Camp Marlboro. The Iraqiwas trying to steal copper wire. He was arrested by members of 2nd Platoon. The detainee was then brought to the Civilian MilitaryOperations Center (CMOC) for processing into the detention center. Upon 2nd Platoon's arrival at the CMOC, NNIIII0 told the
that he did not want any detainees at the CMOC. It was better for him to take the detainee away and to release him, recommended that the detainee be scared, beaten, or whatever the Platoon wanted to do to him then decided to take the detainee to an abandoned building behind Camp Marlboro. When they arrive , wadi.*
took the detainee inside the building. They yelled and screamed at him..gave an order to....1111k .to remove all
e clothing of the detaineelremoved the detainee's clothing released the detainee after all of his clothing wasremoved. Exhibits M, T, & U support these facts.
The second incident occurred a few days to a week later. The Platoon had detained two looters trying to steal copper wire. They took thedetainees to the, same building behind Camp Marlboro 411.1.1.11. took the two detainees into the
building.111.111.1111Koldel/Maito remove all of the clothingR the de --es_
taine The detainees were released once all of their clothing was removed. Exhibits A, D, E, M, 0, Q, T, & U support these facts.
The third incident occurred on the 3rd of July. The Platoon was tasked to get sodas for the Squadron's fourth of July party. On their way
• back to Camp Marlboro with the sodas, they were tasked to chase looters away from the back fields. ENG23 captured a looter. ENG23__ . was then told to take the detainee back to the Engineers barracks on Cam Marlboro. ENG23 arrived at the barracks and the detainee was removed from the back of the truck and laced up against the wall, bounced a soccer ball off the head of the detainee. He was
reprimanded by both_and In addition, ' admitted to hitting the detainee and stated in his sworn
• statement that others also hit the detainee. Exhibits B, D, E, G, H, 3, K, L, M, 0, Q, R, T, U, Z, & AA support these facts.
:et
• Three soldiers wrote sworn statements of the use of an M34 blasting device to shock Iraqi detainees. Exhibits B, D, I, W, & Y support
. these statements However, during further investigation, the accused denied any use of the M34 blasting device to shock any Iraqi
• detainee. Exhibits M, U, V, X, &, Z support these statements.
In addition, during the course of this investigation,l as implicated in numerous alleged questionable actions. These alleged actions are serious and are detrimental to the overall mission. Exhibit T supports this statement.
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SECTION V - RECOMMENDATIONS (para 3-11, AR 15-6)
In view of the above findings, the (investigating officer) (board) recommends:
At- a minimum the unit:

a.
Enforce patrol and mission debriefs at the Troop level at a minimum. For more significant events a debrief should be conducted by the S-2.

b.
Reprimand for his poor judgement, lack of battlefield composure, and loss of military discipline and professionalism as senior noncommissioned officer. Continued performance like this could result in an uprising of the citizens of Iraq against US Forces

c.
Refine and clarify the ROE and treatment of detainees. Conduct a stand down day to refocus the Troops and establish clear procedure for processing detainees.

d.
Appoint an Investigating officer in commensurate grade or higher to conduct an inquiry of1111.111.101 alleged actions.

r-lonn,-,
001849
nnnnre A
SECTION VI - AUTHENTICATION (para 3-17, AR 15-6)
THIS REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE. (If any voting member or the recorder fans to sign here or in Section VII below, indicate the reason in the space where his signature should appear.)
(Recorder). (Investigating (Veer) (erestaem;
(Member). (Member)
(Member). (Member)
SECTION VII - MINORITY REPORT (pare 3-13, AR 15-6)
To the extent indicated in Inclosure , the undersigned do(es) not concur in the findings and recommendations of the board.
an the inclosure, identify by number each finding and/or recommendation in which the dissenting member(s) clo(es) not concur. State the reasons for disagreement. Additional/substitute findings and/or recommendations may be included in the inclosure.)
(Member). (Member)
.
SECTION VIII - ACTION BY APPOINTING AUTHORITY (para 2-3, AR 15-6) o The findings and recommendations of the (investigating officer) (board) are (approved) (disapproved) (approved with following exceptions/ substitutions). (If the appointing authority returns the proceedings to the investigating officer or board for further proceedings or corrective action, attach that correspondence (or a summary, if oral) as a numbered inclosure.). c)
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001S50
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A
DEPARTMENT OF THE ARMY
Headquarters, 2d Armored Cavalry Regiment
Unit 92401
APO AE 09322-2401

AFZX-C-CO 28 July 2603"
MEMORANDUM FOR RECORD
SUBJECT: Appointment of Investigating Officer
1.* you are hereby appointed an investigating officer pursuant to AR 15-6 to conduct an informal investigation into the circumstances involving alleged detainee abuse by soldiers assigned to the 80 Engineer Company.
2.
In your investigation, all witness statements will be sworn. From the evidence, you make findings of fact.

3.
Submit four copies of your findings on DA form 1574 to this headquarters, ATTN: AFZX-C-RS1, within 3 days.

FOR THE COMMANDER:
0 018 5 1
nonnnA no7oRg
-RIGHTS WARNING PROCEDUREMAIVER CERTIFL-4 E
For use of this ferny see AR i RIM the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT

AUTHORITY: Title O. 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 additionalfalternate means of identification to facilitate Wog and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

LOCATION 2. DATE 3. TIME FILE NO.
( amp gotrI6n7 31 :]‘() 03.3 9.c ctlOhr.
miL S. ORGANIZATION OR ADDRESS
GRADEISTATUS
'PART I - RIGHTS WAIVERNON•WAIVER CERTIFICATE
Section A. Rights
Th• with the United States Any and wanted to question me about the following often seisI of which I orn suspectoecoused: ¦._

( -
Odor she asked m e any questions about t a offensers , however she made it clear to rile that I have the following rights:
1.
I do not have to answer any question or say anything.

2.
Anything f say or do can be used es-evidence against me in a criminal trial. (for personnel subject afire 11CMJ I have the right to lath privately too lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange fur at no expense to the Government or a military lawyer detailed for me at no expense to rue,

or both.
- or -(For tolgreens not subject to the LICIFIJI I have the right to talk privately to e 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 ! arrange for at my own expense, or it I cannot afford a lawyer end want one, a lawyer will be appointed for me before any questioning begins.
if / am now willing to discuss the offeriselsI under investigation, with or without a lawyer present, I ham a right to step answering questions at any time, or
speak privately with A lawyer before answering further, even NI sign the waiver below.
COMMENTS (Continue on tuvetse side
Section IL Waiver
understand my rights as stated above. I am now willing to disease the offenseisl under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me,
. Si TUR
AILILAWWEE
WITNESSES (If avaable1
ORGANIZATION OR ADDRESS AND PRONE
0 NAME OF F
ORGANIZATION OF INVESTIGATORORGANIZATION OR ADDRESS AND PHONE
Section C. Non•waiver
I do not went to give up my rights want a lawyer
0 I de not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
TO AoN. 6PT`TO T
001852

DODDOA 027266

-- RIGHTS WARNING PROCEDUREIWAIVER CERTIFIv-i E
Far use 01 this firm, see AN /9130; the Proponent agency is COMPS
BATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(111
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accuratefy identified.
ROUTINE USES: Your Social Security Number is used as an additionallalLemate means of identification Co facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

1. LOCATION 2. DATE 3. TIME FILE ND
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uesiions about I a offinsefsl, howeverOshe made it clear to me that Irate the following rights:
BE klil&She asked me any questions !
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2. Anything I say or do can be used as evidence against me in a cardinal triad. Zg
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S. (Far perserme fsubjer at& LICM.I I have the right to talk privately to a lawyer before, doling, and after questioning and to have a lawyer present with me 5
during questioning. This lawyer can he a civilian lawyer 1 arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me, .C7: Ca

—,.1— or both.
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firVf cidians nor subject to the liCMJI I have the right to talk privately to e lawyer before, during, and after questioning and to have a lawyer present with

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ense, or if i cannot afford a lawyer and want one, a lawyer
me during questioning. I understand that this lawyer can be one that 1 arrange for at my own expense. 0a
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wit be appointed for me before any questioning begint.
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4. III am now willing In discuss the offense's) under investigation, with or without a lawyer present, i have a right to stop answering questions at any time. or
speak privately with a lawyer before answering further, even it I site she waiver below. a...4i,..
CD
0 C i Section B. Waiver
h. COMMENTS (CootiniT op reyerse vire,
I understand my rights as stated above. I am now willing to discuss the offensets1 under ewes ligation and make a statement without talking to a lawyer first and without having a lawyer present with me.
SIGNATURE Cy INTERVIEWEE
WITNESSES (If available)
dall I a. NAME (Typo or Print) ¦
4. SIG CF 1N
b. ORGANIZATION 011 ADDRESS AND PRONE
5. TYPED NAME OF INVESTIOA
2a. NAME (Type or Print!
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fi- ME:777674S77A17E-7.--
h. ORGANIZATION Oft ADDRESS AND PHONE
Section C. Non-waiver
1.lI do not want to Os up my rights 0 I do nut want to be questioned or say anything
0 t want a lawyer
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SIGNATURE OF INTERVIEWEE

l 001853
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-- RIGHTS WARNING PROCEDUREIWAIVER CERTIF1L-,E
For use el this form, sea AR IGD-30: the proponent agency is ODCSOM
DATA REOUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code. Section 3012(g1
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 additionalfalterriate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

LOCATION DATE 3
TIME FILE NO. C,
,Advte lYrrz g ivoozrrti) ?5,06 cs 1
ME
NAME km Finn ORGANIZATION OF;. DRESS
•.
SR ADEfSTATUS
01,!.../.1•1,0111.
PART, -RIGHTS WAIVERINON•WAIVER CERTIFICATE
Section A. Rights
o
The investor whose P'T"' ----""--""a4h""^ `• with the United States Army
and wanted to question me about the following of tenscIsI of which I am
1-
suspectediaccosed:
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Be forashe asked me any questions about the of fensefsi, No evert he made it clear to me that I have the fallowing rights:
t.
I do nal have to answer any question or say any thing. °

2. Anything I say or do can be used as evidence against me in a criminal trig
co
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(Freepersomre/ subject othe UCMJ thane the right to talk privately to a lawyer bele re, doling, and after questioning and to have a Lawyer present with me
during questioninp. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for no at no expense to me,
or beth.
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(For civilians not subject to the UM) I have the tight to talk privately to a lawyer before, during, and altar question ing and to have a lawyer preterit with
me during questioning. l understand that this lawyer can be one sties I arrange far at my own expense, or if i cannot afford ie lawyer and want one, a lawyer

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will be appointed for me before any questioning begins.
If t am now wilting to discuss the offensels) under investigation, with or without a lawyer present, t have a right to stop answering questions at any lime, or
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speak privately with a lawyer before answering further, can if i sign the waiver below.
CD
COMMENTS (Centime on rererse side)
Cb
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. 0 Section E. Waiver
statement without talking toe lawyer first and without having a lawyer present with me.
I understand my rights as staled above. l are now willing to discuss the of lensels) under investigation and make a
WITNESSES ill available) SIGN
le. NAME (Type or Mat)
ORGAN17AltON DR ADDRESS AND PHONE 5, OF INVESTIGATOR
a NAME (Type or Print)
ORGANIZATION OF INVESTIGATORORGANIZATION OR ADDRESS AND PRUNE
Section C. Nen-waiver
I de not imam to give up my rights
( do nor want to be questioned or say any thing

want a lawyer
SIGNATURE OF INTERVIEWEE
001854
nnnnna 11979AR
.__,. RIGHTS WARNING PROCEDUREMAIVER CERTIE__.fE
for ase of this form, sea AR 190 , 38; the proponent agency is DEIDSOPS
DATA RV:WIRED BY THE PRIVACY ACT
AUTHORITY: Title 10. United States Code, Section 3012(0
PRINCIPAL PURPOSE: To provide • rinnanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additionalialternate means of identification to facilitate filing and retrieval.
015 CLOSURE: Disclosure of your Social Security Number is voluntary.
. LOCATION 2. DATE. S. TIME 4. FILE NO.
Coy ArriA9k, 5a,Aola.o7
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5.
NAME i'L -1112.67:R. DOR SS

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SSN 7—ailltDEfSTATLIS 4,. • i

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PART 1- RiGHTS WAIVERINIM-WAIVER CERTIFICATE
Section A. Rights
The investigate `-`----" -^-.*71./..tha.koliglipiterl States Army .—¦
_ CD
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and wanted to question me about the following of Innis) al which I em . suspec ceased:-....i2gritlY12/Bilir... 9''r-1 Belo she asked me any questions about the offense{s}, however e ht made it clear to me that I have the following rights: a, 4
\ C, i1. Ida not have to answer any question or sere anything.
Z i
2 Anything I say or do can he used as evidence against me Ina criminal teat. 0 r.
3. (for personnel sub act MB IICMJ 1 have the right to talk privately to a lawyer before, du tin, and after questioning end to have a lawyer present with me Cc
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during Questioning. This lawyer can he a CiVili0 lawyer I arrange for at no expanse to the Government ora military lawyer detailed for me at no expense tome.. I—‘ 4, sr both
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(for ciethens nor subject to the UM) I have the right to talk privately to a lawyer before, during, and atter questioning and to have s lawyer present with CI me during questioning. I understand that this lawyer can be one that I. arrange for at my own expense, or if t cannot afford a lawyer and want one, a lawyer C will be appointed for me below any questioning begins. If I am now wilting to discuss the offense Is} under investigation, with or without a lawyer present. I have a right to stop ensweri no questions at any time, nr COt
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speak privately with a lawyer before answering further. even if I sign the waiver below.
Co P.,
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5. COMMENTS (Cootious err reverse aide!
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...
1 Section 8. Waiver
I understand my rights as stated above. I am now willing to discuss the offenses} under investigation and make e statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (II avaffable) 3. SIGNATURE OF INTERVIEWEE
--411111¦m•—+-1.— AWL ' —1_
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1 a. NAME (Type or !NI)
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b. ORGANIZATION CR ADDRESS AND PHONE .
. __ ¦ 0 AME 0 INVESTIGAT s
2a NAME (Type or Print)
B. ORGANIZATIO rr NVESTIGATORORGANIZATION OR ADDRESS AND PHONE
Section C. Ner•isivar
I da not went to give up my rights
Ido not want to be questioned or say anything

. I want a lawyer .
2. SIGNATURE OF INTERVIEWEE
18 5
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RIGHTS WARNING PROCEDURE! WAIVER CERTIF,,_ IE
Far use of this form. see AR 15031t: the proponent agency is OBCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(n)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identitied.
ROUTINE USES: Your Social Security Number is used as an additinnallaiternate means of identification to facilitate filing and retrieval.
DISCLOSURE: DiStIOSUN Of your Social Security Number is voluntary.

..eiLDCATIDN TIME FILE NO.
ILOr /4„ri4aito (Teta rft,
DRGA ZATION OR ADDRESS
7. ...;a1111,UNATUS
PART 1 • RIGHTS WAIVERMON-WAIVER CERTIFICATE
Section A. Rights
TheimersfiggINJuh— Statesimly
and wanted to question me about the Wowing offensetsl of which I am suspeme ccosed: r,r1 44,1e• Refu he asked me any questions about the of 'easels), howeveashe made it clear to me that I have the following rights:
( do not have to- answer any question or say anything,
2. Anything E say or du can he used as evidence agalost me in a criminal mat /For personool 'subject ottre (JCMJ ! have the right to talk privately to a lawyer before, during, and after trueslioriing and to have a lawyer present with roe during ques1ioning. This lawyer can be a civilian lawyer I arrange for at no aspense to the averment or a military lawyer detailed lot ma at no expense to me. or both.
- or •
/For civilians nor subject to the WO I have the right to talk privately to a lawyer before, dale, and after questioning and to have a lawyer present with
ma during questioning. l understand that this lawyer can be one that t arrange for at my own expense, or it I cannot &fiord a Sawyer and want one, a lawyer

will he appointed for me before any questioning
if I am new wiking to discuss the otfensetslun der investigation, with or without a lawyer present, I have a right to atop answering questions at any lime, or
speak privately with a lawyer before answering further, even if I sign the waiver below.

COMMENTS continue on mem safe)
Section B. Waiver
I understand my rights as stated above. I am now wilting to discuss the offenselsIon der investigation and make a statement without talking to a lawyer first and without having a lawyer present with me,
SIGNATURE 3F INTERVIEWEE
WITNESSES llf available)
a NAME (Type nr Print)
ORGANIZATION DR ADDRESS AND f'HUNE S. GRGANIZA INVESTI GATORORGANIZATION OR ADDRESS AND PHONE
Section C. Non•waiver
do not want to give up my rights
I want a lawyer

D I de not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
0 1.8 5 6

nnnnnA no7o7n
.... 11••••• ¦¦•¦•..
RIGHTS WARNING PROCEDUREIWAIVER CERTIF. ;E
For use of this tom, see AR 100.20; the proponent agency is DDCSOPS
DATA RECWIREEI BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012411
PRINCIPAL PURPOSE: Ta provide commanders and saw enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additionalfalternate means of identification to facilkate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

OC GA TIME FILE NO.

1-6rte

&MAI
1.114lir un
ORGANIIATIC
-7.11."1111" IIIP.11111M111111111111111.111F
S. --.--SSI 7. ...inciaDEISTATUS
PART I - RIGHTS WAIVER NON-WAIVER CERTIFICATE Section A. Rights
Ike inves I iga lor
and wonted to question me about the fallowing of fensels1 of which I am s spente. accused: 14 Belo reashe asked me any.questioris about the offense{s}, hOWEVE4901E made it clear to me that /have the following rights:
1 do not have to answer any question or say anything.
2.
Anything t say or do con be used as evidence against me in a criminal trial.

3.
!for personnel subject atm LICK) i have the 4111 to talk privately to a lawyer 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 tame, or bath.

• Or -
!Tor civilians not subject lc the (MU) I have The right to talk privately to a lawyer before, during, and alter questiarring and to have a lawyer present with
me during questioning. I understand that this lawyer can be one that I arrange for at my awn expense, orifi cannot afford a lawyer end want one, a lawyer
wit be appointed for me before any questioning begins.
If I am now wIting to discuss the offensaf0 under investigation, with or without t lawyer present. !have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below,

COMMENTS (Continere on reverse side)
Section B. Waiver
I untIns land my rights as stated show. i am now witting to discuss the oftensets1 under investigation and make a statement without talking to a lawyer first and without having a lawyer present with ers.
WITNESSES (if avaRablej SIGNATURE OF INTERVIEWEE
1a. NAME (Type or Print)
ORGANIZATION OR ADDRESS AND PHONE
28 NAME (We thin?)
ORGAN12ATION OF [LAVES
ORGANIZATION OR ADDRESS AND PHONE
Section C. Non•wraiver
I do not want to give up my rights
. Ido not want to he questioned or say anything. I want a lawyer
SIGNATURE DE I/4-FERIAEWEE
©0

nnnnnA rio7o74

Doc_nid: 
2796
Doc_type_num: 
651