Army Memo re: Request for Discharge in Lieu of Court-Martial

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MEMORANDUM THRU
Commander, 1st Brigade, 4th infantry Division Mechanized, Tikrit, Iraq Commander, 4th Forward Support Battalion, 1st Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq Commander, Company D, 4th Forward Support Battalion, 1st Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq
FOR Commander, 502d Personnel Service Battalion, 4th Infantry Division (Mechanized), Tikrit Iraq
SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial, SPC . b66-.5-4010CCompany D, 4th Forward Support Battalion ; 1st Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq
1. The Request for Discharge in Lieu of Trial by Court-Martial submitted by SPC bb6-57
.40110. Company. D, 4th Forward Support Battalion, 1st Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq, UP AR 635-200, Chapter 10, is hereby APPROVED.
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2.
I direct that SPCb40110/bbe discharged from Military Service under the provisions, of AR 635-200, Chapter 10, and that his service be characterized as Under Other Than Honorable Conditions.

3.
The pending court-martial charges against SPCbill be dismissed after SPC receives his DD Form 214.b 6G S

4.
I direct that SPC b4••¦bbe reduced to the lowest enlisted pay grade, PVT (E-1) IAW 635-200, paragraph 1-13.

5.
SPCbdoor will not be transferred into the Individual Ready Reserve (IRR) as he clearly has no potential for useful service under conditions of full mobilization. Transfer is not required IAW AR 635-200, paragraph 1-35.

6.
In accordance with AR 635-200, paragraph 1-20, if the soldier is a bonus recipient, unearned portions of any enlistment/reenlistment bonusec will be recouped.

7.
I further direct that SPC b41111111" be separated from the Army within five working days upon return to CONITS.

RAY "OND T. ODIERNO Major General, USA Commanding 006079
DOD-047793

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• : •
DEPARTMENT OF TAE ARMY •
United States Army Trial Defense
Service
Fort Hood Field Office
Task Force Ironhorse

' lAgPL Y TO
ATTENTION OF

Forward Operating Base Speicher, Iraq
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AFZF-1A-TDS 16 October 2003
• MEMORANDUM THRU
Commander, D Company, 4 th Forward Support Battalion, 1' Brigade, 4 th Infantry Division (M), •
FOB Ironhorse (Tila-it) Iraq APO AE 09323-2628

Commander, 4th Forward Support Battalion, 1' Brigade, 4th Infantry Division (M), FOB
Ironhorse (Tikrit) Iraq APO AE 09323-2628

Commander, 1" Brigade, 4 th Infantry Division (M). FOB Ironhorse (Tikrit) Iraq APO AE 09323­2628

FOR Commander, 4th Infantry Division (M), FOB Ironhorse (Tikrit) Iraq APO AE 09323-2628
46-,57.10?
SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial - SPC bmmor
VOIDbD Company, 4th Support Battalion, 1" Brigade, 4 th Infantry Division (M), FOB
Ironhorse (Tikrit) Iraq APO AE 09323-2628

1. I, SPCb , herebykoluntarily request discharge in
lieu of trial by court-martial under AR 635-200, chapter 10. I understand that I may request
discharge in lieu of trial by court-martial because of the following charges which have been
preferred against me under the Uniform Code of Military Justice, one of which or a combination
of which authorizes the imposition of a bad conduct or dishonorable discharge:

Article 119-Manslaughter
2.
I 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
offense(s) charged and am guilty of (one or more of) the charge(s) against me or of (a) lesser
included offense(s) therein contained which also authorize the imposition of a bad conduct or
dishonorable discharge. Moreover, I hereby state that under no circumstances do I desire further
rehabilitation, for I have no desire to perform further military service.

3.
Prior to completing this form, [ have been afforded the opportunity to consult with appointed

counsel for consultation. I have conufta -v-iidi-Obtmsel for consultation who has fully advised me
of the nature of my rights under the Uniform Code of Military Justice, the elements of the
offenses with which I am charged, any relevant lesser included offenses thereto, and the facts
which must be established by competent evidence beyond a reasonable doubt to sustain a finding

006980
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DOD-047794
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SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial -- SPC b0915-10FCD Company, 4th Support Battalion, Brigade, 4t h Infantry Division (M), FOB Ironhorse (Tikrit) Iraq APO AE 09323-2628
of guilty, the possible defenses which appear to be available at this time; and the maximum
permissible punishment if found guilty. Although he has furnished me 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. I have been advised and understand the possible effects of an Under Other Than Honorable Discharge (including but not limited to reduction to the lowest enlisted grade (Private E-1) by operation of law) and that, as a result of the issuance of such a
discharge, I will be deprived of many or all Army benefits, that 1 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, as indicated on a copy of DA Poster
635-1, which was provided me). I also understand that I may expect to encounter substantial
prejudice in civilian life because of an Under Other Than Honorable Discharge. I further
understand that there is neither automatic upgrading nor review by any Government agency of a
less than honorable discharge and that I must apply to the Army Discharge Review Board or the
. Army Board of Corrections 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.
5. I understand that, once my request for discharge is submitted, it may be withdrawn only with
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. This request is conditioned upon disapproval of the findings and sentence of any court-martial, if applicable in this case.
6.
I have been advised that I may submit statements I desire in my own behalf, which will accompany my request for discharge. Statements in my own behalf are not submitted with this request.

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

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SPC—,-U.S. Army Accused
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006981

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DOD-047795
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AFZF-JA-TDS
SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial -- SPC ,

-et! D Company, 4th Support Battalion, 1' Brigade, 4th Infantry Division (M), FOB Ironharse (Tilcrit) Iraq APO AE 09323-2628
Having been advised by me of:
a.
The basis for his contemplated trial by court-martial and the maximum permissible punishment authorized under the Uniform Code of Military Justice;

b.
The possible effects of an Under Other Than Honorable Discharge if this request is approved (including but not limited to reduction to the lowest enlisted grade (Private E 1) by

-
operation of law and the loss of benefits administered by both the Army and other Federal agencies as indicated on a copy of DA Poster 635-1, which was provided to the soldier); and
c. The procedures and rights available to him/her;
SPCbamilmow—b 0(t"5b, personally made the choices indicated in the foregoing request for discharge in lieu of trial by courtmartial.
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1LT, JA Defense Counsel
Data required by the Privacy Act of 1974 (5 USC 552a)
AUTHORITY: Section 301, title 5 USC and section 3013, title 10, USC.
PURPOSE: To be used by the commander-exercising general court-martial jurisdiction over you to determine approval or disapproval of your request for discharge in lieu of trial by court-. martial.
ROUTINE USES: Request, with appropriate documentation, including the decision of the
discharge authority, will be filed 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
an—d.local governmental-activities where use of the information is compatible with the purpose for which the information was collected.
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DOD-047796

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AFZF-JA-TDS
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SUBJECT: Request for Discharge in Lieu of Trial by Court -Martial -- SPC ,b40011111P6 13 Company, 4th Support Battalion, 1 5t Brigade, 4th Infantry Division (M), FOB fronhorse (Tilcrit) Iraq APO AE 09323-2628
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.
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CHARGE SHEET ( ,) (le )
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, Middle Initial)),..., 2. SSN 3. GRADE OR RANK 4. PAY GRADE )(0-5
‘1611/Mew SPC E4
4
5. UNIT OR ORGANIZATION 6. CURRENT SERVICE
a.bINITIAL DATE b. TERM
D COMPANY, 4TH FORWARD SUPPORT BATTALION,
1ST BRIGADE, 4TH INFANTRY DIVISION (MECHANIZED)

24 Aug 00 4 yrs

7. PAY PER MONTH 8. NATURE OF RESTRAINT OF 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL ACCUSED
.
N/A
$1,665.30 $1,765.30 None

$100.00 .
• II. CHARGES AND SPECIFICATIONS
10. CHARGE:b VIOLATION OF THE UCMJ, ARTICLE 119

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US Army, did, near Tikrit, Iraq, on or about 11 September 2003, willfully and unlawfully kill /111111111r
SPECIFICATION:bIn that SPC , at or
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by shooting him in the abdomen with a rifle.

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III. PREFERRAL 11a. NAME O_F ACCUSER (Last, First, Middle Initial) b. GRADE c. ORGANIZATION OF ACCUSER
CPT DCO, 4TH FSB, 1ST BDE, 4ID (M)
d. SIGNATURE OF ACcuRFRb-e. DATE (YYYYMMDD) 2c,0106. 7
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AFFIDAVIT: Before me, the undersigned, a_ktlmorized by law to admiciister oaths in cases of this character, personally
appeared the above named accuser this r'. day of Oc...4, 6 130 t , Zen", , 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.
HHC , 1BDE ,b4 ID (M)
Typed Name of Officer Organization of Officer
APTAIN ARTICLE 136, UCMJ
_
Official Capacity to Administer Oath (See R.C.M. 307(b) - must be a commissioned officer)
ignature
DD FORM 458, MAY 2000 PREVIOUS EDITION IS OBSOLETE.
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On 7 O c To OER ., 2. 0 ° , the accused was informed of the charges against him/her and of the 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.)
)
411111111110111111)(0--a, HQ, D CO, 4TH FSB, 1ST BDE, 4ID (M) Typed Name of Immediate Commander Organization of Immediate Commander
bCPT b
Grade
Signature
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
FOR THE
13.
The sworn charges were received at 20 OV hours, 7 tcA-0\7e_r ' Z 0 b3 atbHQs, 4th Forward Support Battalion
Designation of Command or
1st Brigade, 4th Infantry Division (Mechanized)
Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403))
1

Commanding •
Typed Name of Officer Official Capacity of Officer Signing
LTC
Grade
y__
Signature
V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE (YYYYMMDD)
Referred for trial to the ' b court-martial convened by
2
, subject to the following instructions:
Byb of
Command or Order
Typed Name of Officer) Official Capacity of Officer Signing
Grade
Signature
15.
On , I (caused to be) serveda copy hereof on (each of) the above named accused.
CPT
Typed Name of Trial Counsel Grade or Rank of Trial Counsel
Signature FOOTNOTES: 1 --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

DOD-047799

Enlisted Record Brief
ERB DATE NAME
SSN RANK DOR PMOS COMPONENT
20030928 111111.11111k SPC • 20020301 35F REGULAR
,-"rvn.,,,,,,u, 1:,:,,,,,,,,,,,,,"....q, ,-.0...6,,,,,.......„.,,„,,,,:„„,,4,„_, ,:,.„

'040A,MikSEUIttNk A.,,T,.,suimpaAigtotiva 10700165901dErdeli'"15tRAI fif tA,Ft? rpa lik rekdiftral.pgrankpilleffM1
OVERSEAS DUTY # of TOURS PSI STATUS: FLD DET PS STAT: BASD:200150824bTIME LOST: LAST PHY EXAM: PHYS CAT: SECRET NONE
YR/MO RTN CTRY Month TO LONG:0 DROS: 20000726
PEBD: 20000824 REEN PROHIB: 10 PSI INVEST INIT: PSI INVEST COMPL:
-PULHES: 111121 MMRB DATE:
SHORT:0 DEROS:
20000727 20010508 BESD AGCM/DT NEXT ELIG/DT
19000101 20030824 MMRB Result:
CONUS Depart Date: ."". xi'alrff If AHT/VVT APFT DT/Pass-Fail
'''!- OfflrAtVil,r"' '.rTkigt‘G ETS: 20040823 DIEMS: 20000727
DT DEPNS ARR OS:
;"4-,elb-titiF
ttl-'h.Sit4bil Attt` .t.t:11
Language Read ListenbSpeak
DT OF BIRTH: BIRTHPLACE: ILRANK
PMOS/DT: 35F / 20020301 ASI: 00 CTRY np OITZ .SEX/Race
RANK DOR
SMOS/DT: SDI: 0 MALE / BLACK SPC 20020301
BONUS MOS: PDSI/YRIv10: El2Ci200210 DLAB: DEPN ADULTS/CHILD # COMD SponsoredPFC 20000824 0'/ 0
BONUS ENL ELIG DATE: TERM DATE: MARITAL STATUS RELIGION
WININSTOMINNIMINI
PROMOTION POINTS: PROM PNTS CALC YM: MEL/MES:NONE/GRADUATED PIP ION PROM SELECT DT: iNg6516101#01#71.41070--)'440111 EFMP/DT: SP Birlhplace/CITZ
PROM SEQ NUM: 1k4:Level Completed:
PROM MOS: -4 YRS HS MIL SPOUSE SSN/MPC SVC COMP/DOD
Course Year Czga,.,1•L;:„:11d¦ Test 4: Last Test Date: Level. Certificate:
;ASV}HOME OF RECORD:
--Plnk,1, ',44-1 ASVAB10 20000801 HIGH SCHOOL DIPLOMA
610.:evid;fi
1
GT: 110 ELEC:115 FOOD: 93 TECH: 118 Year:1900bSemester Hours: 0
MAILING ADDRESS: ADMIN: 114 FA: 104 COMMO: 95 AUD PERCEPT: From:
4011111¦11w
CMBT: 86 MECH: 91 MAINT: 105
In:
From: •
DLOS: DT End Eval Period:
In:
DT Of Last PCS: 20020725 AEA/Date: N I Emergency Data Verified: •
Flags: Delay Sep Reason: MNe 7,11,0 02,ftl yl,P= .TeR2,M,VOrr,r),.1W4arahMtiii*U
,f164.
IES:U1-1110.NW,11&-TrAWI raySIINICO
Correspondence Crs Hrs Completed: Wllif AWD/BDG/DCR' # '
xmcirr
jj1:JJkl 44go,.M0ait4„14 iVtdit.:A•• imTraNimilAllgigaff
,: . irkyntimriv igirgYakinokl Migiligo
::b...;.±.-• J --=-:---. •.-1-'I ,b,bIL evi,• k.1.4:0,4,21. ,A., 1 WV
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Projected

r b:P, ItediNIMPA Oa VON
From Mo UIC Unit Designation Location Comd 'bPosn Title DMOS
0020725. WJAYDO 0004CSCO D BASE SP FT HOOD FC SR COMP/AUTO SYS F 35F100.0YY
20020725 1 WJAYDO 0004CSCO D BASE SP FT HOOD EC INCOMING PERSONNE 35F1 TY:-
20020721 WI-1024D 0004INDIV REPL DET FT HOOD FC
20010710 WB4JAA 0061CSMT CO DS NON CP KYLE P8
20010708 13 WHP7AA 0001AGREPL REG 40 CP COINER P8 INCOMING PERSONN1 3517 1 YY
20001115 W1EA23 73 ORD BN B CO ST FT GORDON TC
20000825 W1L4JB CO A 46 AG BN RECP ES FT KNOX TO
008 L V0-400

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41D SJA TDS
From: 4ID SJA CHIEFMJ Sent: Wednesday, November 12, 2003 11:46 AM To: 4ID SJA -CDS SiibjeCt:11111111.1110 4 (6)(1)
been approved .: )
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Dd0 UG OD NO1N3G

DOD-047801