Article 15 Investigation re: Record of Proceedings

Article 15 Investigation proceeding wherein two (2) charges of abusing detainees was established against an enlisted (E3) person. The charges were: 1) On Nov. 22, 2003 the E3 stuck a detainee on the head with his hand; and 2) On Nov. 22, 2003 the E3 stuck a detainee on the head with his foot.

Doc_type: 
UCMJ
Doc_date: 
Monday, December 22, 2003
Doc_rel_date: 
Tuesday, November 29, 2005
Doc_text: 

RECOP" Clf—FIROCEEDINGS UNDER ARTICLE -,
F-of this form, see AR 27-10; the proponent agency-AG.
See Notes on .piver .e 132.1'ore Completing Form
PAY (Basic & Sea/Forel;.
(10)(5 -)-E3 SSN k_t1-UNIT
"AME GRADE
A Co, 5881h EN, 2d Bde, 4ID(M) $1,156.90
i m considering w -tether you should be punished under Article 15, UCMJ, for the following misconduct:
mriat you, di.d, at or near Fla.'Quhall, Iraq, on or about 22 Nov 03, unlawfully strik on the back of t
head with an open hand. This is in violation of Article 128, UCMJ.

2. You are not required to make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-
martial. You have several rights under this Article 15 proceeding. First I want you to understand that I have not yet made a decision whetL
or not you will be punished. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the
offense(s). You may ordinarily have an open hearing before me. You may request a person to speak on your behalf. You may present
witnesses or other evidence to show why you shouldn't be punished at all (matters of defense) or why punishment should be very light

(matters of extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the
type and amount of punishment I will impose. 1 If you do not want me to dispose of this report of misconduct under Article I5, you have
the right to demand trial by court-martial instead. 11 In deciding what you want to do you have the right to consult with legal counsel

- You now have 48 hours to decide what you want to do. 41
located at TDS, Tikrit, Iraq, DNVT 534 0135 -.
-
DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER
TIME / 7,,_;_•23- LTC, 588'EN, 2d Bde, 4ID(M)
3. Having been afforded the opportunity to consult with counsel, my decision are as follows: (Thinhppropriate blocks, date, and sign
',. hI demand trial by court-martial.

I
I do not demand trial by court-martial and in the Article 15 proceedings:
b.hIWO
; i request the hearing be -Open I-I Close-7-person to speak in m behalf F1--73--7 111W not re nested. .
-.
..;) Matters in defense, mitt a ion, and/or extenuation: -Are not presented-Will be presence in person-Ari.
attached.

-
DATE NAME AND GRADE OF SERVICE MEMBER
FC
4. In a(n) pen Closed hearing 5/ all matters presented in defense, mitigation, an or ex enua 1. 1,
,
considered,-owing punishment is imposed:- - • C
t6L.,1( s( •( t:h•
1 _heru..-h •yi( •
5. P.! • Performance fiche Restricted fiche of-t-11-e-Q-M-P--F.
b

You are advised of your right to appeal to the -CDR, 4 ID (M), -within 5 calendar days. An appeal made after that
6.
time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.

DATE-I NAME, GRADE, AND ORGANIZATION OF COMMANDER
LTC, 588 EN, 2d Bde, 4ID(M)
.Zi?/l0­
7. (Initial appropriate blocic, date,and sign)
—1 I do not appeal b. hI appeal and do not submit additional matters' 2/ I appeal and submit addition:ft

r r I
-t1/4/ matters
[JAI t( NAIVI1 -ANL) UhlAUt VI— JtMVIL.t IVItivitstrs
r L)
111.1011111111111, 111.1111111
8. I have considei-td 1.-le appeal and it is my opt-ion that:
SIGNATUREDATE NAME AND GRADE OF JUDGER ADVOCATE
9. After consideration of all matters presented in appeal, the appeal is:
Denied Granted as follows: :)-/

SIGNATUREDATE NAME, GRADE, AND ORGANIZATION OF COMMANDER
DATE SIGNATURE OF SERVICE MEMBER
have seen the action taken on my appeal.
ALLIEL; DOCUMENTS AND/OR COMMENTS 11/ L2/
1. DA FORM 3881-4. DA FORM 268 020486
DA FORM 2823 (3) 5. ERB

3. PHOTOS (3) ­DA FORM. 2627,-84 (EG)-EDITION OF NOV 82 IS OBSOLETE ORIGIN,- ,
J-AUP±(to-d' 00)(C) 2-
DOD-043566

RECOr OF PROCEEDINGS UNDER ARTICLE UCMJ
F(a of this form, see AR 27 -10; the proponent agency JAG.
See Notes on Reverse Before Completing Form GRADE(SSN( UNIT PAY (Basic & Sea/Fore
E3-A Co, 588`11 EN, 2d Bde, 4ID(M) $1,356.90
an: considering whether you should be punished under Article 15, UCMJ, for the following misconduct: it
.,dat you, did, at or near Ba'Qubah, Iraq, on or about 22 Nov 0; unlawfully strike on the bac
of tiLo head with your foot. This is in violation of Article 128, UCMJ.

2.-You are not (‘'quird to make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-
martial. You have several rights under this Article 15 proceeding. First I want you to understand that I have not yet made a decision wheth;: -;
or not you will be puni•ihed. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the
offense(s). You may Ordinarily have an open hearing before me. You may request a person to speak on your behalf. You may present

witnesses or other evidence to show why you shouldn't be punished at all (matters of defense) or why punishment should be very light
(matters of extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the
type and amount of punishment I will impose. V If you do not want me to dispose of this report of misconduct under Article 15, you have
the right to demand trial by court-martial instead. V In deciding what you want to do you have the right to -consult with legal•counsel

located at
TDS, Tikrit, Iraq, DNVT 534 -0135 -. You now have 48 hours to de-I want to do. 4'
NAME, GRADE, AND ORGANIZATION OF COMMANDER a
/5 ,d..3e
TIME /7/$ LTC, 588 EN, 2d Bde, 4ID(M)
3. Havin been afforded the opportunity to consult with counsel, my decision are as follows: .1", ppropriate blocks, date, and sig
a.. I demand trial by court-martial.
..._ ._
INN
b. I do not demand tria by court:martial and in the Article 15 proceedings:
( ?i recklest the hearing be-pen I-I
Close-rson to speak in my behal-Is not red uested.-.. '..!i Matters in defense, miti t,-1d/or extenuation:-re not presented I (I-1-'-e presented in person-At:i attac:1?.d. 1_DA i'F. NAME AND GRADE OF SERVICE MEMBER ZLID tX-C7.
FC
4. In a(n)-open­
Closed hearing 2 all matters presented in defense, mitigation, extenuation, having byen
consider owino-'punishment is imposed : (21-;;,y-.-P6... 7fr.•--...„,.' , f' ..'":-(' ..7,-i% ,(-it.. ..._

-..1 C' .'-e../ :i:::111 _u Zj:f.;=-:t:24_,
7.1 •.;, :f ,..., . ..:' .i.:if(.
--'. ata .:-I " .0,:,s2„,v.k...71e..---i. , '77-?' --'1
i- 'J-5_5 ,s-V.__ a.,-14-?kr,-L='"--4---c-1--.---''''' itz-4'''---5-‘r----• --'4"
.,/ -r­
p.-12t/y.'
5. 4-eliFe-c-t---th-e-e-Figinal DA Form 2627 be filed in the-Performance fiche Restricted fiche of the OMPF. 2/­
a
-
6. You are advised of your right to appeal to the CDR, 4ID (M) within 5 calendar days. An appeal made after• them-$ time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.
NAME, GRADE, AND ORGANIZATION OF COMMANDER
ropriate block, date, and sign do not appeal b. .I appeal and do not submit additional matters-v-2J-c. I appeal and submit addition , :,: matters -1/2/
(
DAT:: NAME AND GRADE OF SERVICE MEMBER
8. i :-ave considered-ppea an.-is 1-opinion that:
DATE il NAME AND GRADE OF JUDGER ADVOCATE SIGNATURE
_±.
9. After consideratio ,-, of all matters presented in appeal, the appeal is:
Denied Granted as follows:

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
DATE SIGNATURE OF SERVICE MEMBER
I have seen the action taken on my appeal.
ALLIED DOCUMENTS AND/OR COMMENTS 12 -12/ -1-2/
1. DA FORM 3881-4. DA FORM 268
020487
2 DA FORM 2823 (3) 5. ERB
3. FNOTOS (3)
FORM 2627, AUG 84 (EG)-EDITION OF NOV 82 IS OBSOLETE
DOD-043567

Doc_nid: 
4063
Doc_type_num: 
734