Article 15 Proceeding: Charges Against Lieutenant Colonel for Impeding an Investigation (0011-04-CID469-79630)

This Article 15 Proceeding concerns an incident at the Tigris River Bridge in: Samarra, Iraq, January 3, 2004. The charges against the Lieutenant Colonel are for impeding the investigation in to the matter by wrongfully attempting to influence soldiers to make either make false, misleading or incomplete sworn statements regarding incident in which two (2) detainees were pushed into Tigris River near Samarra where one of them (an Iraqi civilian, Zaydun Ma'mun Fadhil) drowned.

Doc_type: 
UCMJ
Doc_date: 
Thursday, May 13, 2004
Doc_rel_date: 
Tuesday, November 29, 2005
Doc_text: 

RECOI. OF PROCEEDINGS UNDER ART ,E 15, UCMJ
For use of this form, see AR 27-10; the proponent agency is TJAG.
See Notes on Reverse Before Completing Form
NAME
GRADE SSM
UNIT HHC, 1-8th IN, 3BCT PAY (Basic&Sea/Foreign ) .._ LTC APO AE 09391 $6489.70 -. considering whether you should be punished under Article 15, UCMJ, for the following misconduct: I/
In that you, did, at or
i
Samarra, Iraq, on or between 3 January 2004 and 16 January 2004, wrongfully endeavored to impede an investigation by influencing the sworn statements of First Lieutenant, Sergeant First Class
SEE CONTINUATION SHEET
2.
You ale nOL 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 whether
or not you will be punished.
I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the
offense(s). You may ordinarily have an open hearing before me. You may request aperson 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 vii4, consider everything you present before deciding whether I will impose punishment or thetype and amount of punishment I will impose. - If yob 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.
In deciding what you want to do you have the right to consult with legal
counsel
located at CPT

, DSN 31811
You now have 48 hours to decide what you want to do. 41 @us.army.mil
DATE Sr Merft. oLl
NAME, GRADE, AND ORGANIZATION OF COMMANDER
SIG • TURE I
TIME '16 0
RAYMOND T. ODTERNO, MG, 4th IN DIV (MECH) -
i
3. Having been afforded the opportunity to consult with counsel, my decision are as follows: (Initial appropriate% locks, date, and sign)
a.
I I demand trial by court-martial.

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

(1) I request the hearing be I Open losed. (2) A person to speak in I I Is Is
not requested.
Matters in defense, mitigation, and/or ex enuation: I I

(3)
an Are not presented ill be pre Pperson I I Are

attached.
DATE NAME AND GRADE OF SERVICE MEMBER
i3 it-(4,_ o
, LTC
4. In a(n) I I Open j: Closed hearing - all matters presented in defense, mitigation, and/or extenua n, aving en
considered, the following punishment is imposed: " ,

'o be reprimanded.
15. .i. uirect the original DA Form 2627 be filed in the I Perform r Restricted
I Performance fiche fiche of the OMPF. 21 NA
6. You are advised:of your right to appeal to the
Cdr, CJTF-7 within 5 calendar days. An appeal made after that
time may be rejected as untimely. Punishment is effective immediately unless othefwise stated above.

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER
IG , UR &
/3 ke„,..- ,/ RAYMOND T. ODIERNO, MG, 4th IN DW (MECH)
16,1... -$
_ V -41
7. (Init . appropriate block, date, and sign)
0 0, II
.
a
1 I do not appeal b. I I I appeal and do not submit additional matters c. I appeal and submit additional
DATE ‘ , AME AND GRADE OF SERVICE MEMBER
13 /14, 0 y
LTC
8. I have considered the appeal and it is my opinion that: ,
DATE NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
9. After consideration of all matters presented in appeal, the appeal is:
I I Denied I I Granted as follows: 11)/

DATE NAME, -GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
SIGNATURE OF SERVICE MEMBER
10. I have seen the action taken on my appeal. DATE
i i 11/19/11/
.•
— —
Bl k /M
1-huurmal Commander's Inquiry containing 78 pages 1- ORB
DA FORM 2627, AUG 84 (EG)
EDITION OF NOV 82 IS OBSOLETE
0 2 Oit7481-
DOD-043558

DA FORM 2627, PERTAINING TO
HHC, 1-8 th IN, 3BCT,
_APO AE 09391 , Continued: pccidlisl and Specialistallillirto deny
t a T r
and Mr
were pushed into the Tigris
River, near Samarra:lraq, and iat they instea
ere left at the side of the roadway. This is a
violation of Article 134, UCMJ.
ccoyok-ii
020479
DOD-043559

Doc_nid: 
4057
Doc_type_num: 
734