Article 15 Proceeding: Charges Against Major 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 Major 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: 
Saturday, March 20, 2004
Doc_rel_date: 
Tuesday, November 29, 2005
Doc_text: 

RECOiOOF PROCEEDINGS UNDER AR1OLE 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 SSN UNIT HHC, 1-8 th IN, 3BCT PAY (Basic & Sea/Foreign
MAJ ealiall APO AE 09391 $5671.60
.¦ considering whether you should be punished under Article 15, UCMJ, for the following misconduct: li In that you, did, at or
near 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..

3EE CONTINUATION 3HEE
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 whetheror not you will be punished. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed theoffense(s). You may ordinarily have an open hearing before me. You may request aperson to speak on•your behalf. You may presentwitnesses 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 wig/ consider everything you present before deciding whether I will impose punishment or thetype and amount of punishment I will impose. - If yogj do not want me to dispose of this report of misconduct under Article 15, you havethe 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 : 31 8 You now have 48 hours to decide what you want to do. 41 us.army.mil
DATE /6-- A-A 4 NAME, GRADE, AND ORGANIZATION OF COMMANDER IG TURE
TIME /009

RAYMOND T. ODIERNO, MG, 4th IN DIV (MECH)
3. Having been afforded the opportunity to consult with counsel, my decision are as follows: (Initial appropriat locks, date, and sign)
a.
I I I demand trial by court-martial.

b.
I do not demand trial by cou - artial and in the Article 15 proceedings:
(/)request the hearing be I I Ope losed. (2) A person to speak in f I I Islip not requested.

Matters in defense, mitigation, and/o
attached.

(3) tion: 1 I Are not p resented Will be presen e person 1 I Are
DATE N • ME AND GRADE OF SERVICE MEMBER —
.20 MAT 0 4 MAJ

4.
In a(n) I Open 100-=.5 Closed hearing - all matters presented in defense, mitigation, and/o , a
considered, the following punishment is imposed: 51/

be reprimanded.

5.
I direct the original DA Form 2627 be filed in the I I Performance fiche mi..-7¦1 Restricted fiche of the OMPF. 7/ 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 otherwise stated above.

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER 110,TU RE a 4
AD MA 72 0 4-, RAYMOND T. ODIERNO, MG, 4th IN DIV (MECH)
7. (Initial appropriate block, date, and sign) -
. woe I do not appeal b. I I I appeal and do not submit additional matters 121 c. I I I appeal and submit additional8/ 9/
matters ­
DATE NAME AND GRADE OF SERVICE MEMBER
02'0 9-. 1-A- O MAJ
8. I have consid red the appeal and it is my opinion that:

11.11111111111,--

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:

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
SIGNATURE OF SERVICE MEMBER
IC ye seen the action taken on my appeal. DATE
11. —IED DOCUMENTS AND/OR COMMENTS ill Blk/M 1- Informal Commander's Inquiry containing 78 pages 1- ORB
0 2 0 4 8 3
DA FORM 2627, AUG 84 (EG) EDITION OF NOV 82 IS OBSOLETE ORIGINAL
DOD-043563
DA FORM 2627, PERTAINING TO
, HHC, 1-8th IN, 3BCT, APO
19391
Item 1, Continued:
MIN , Specialist nd o den that Mr. Ser•ean and Mr,
ere pushe into he Tigris (b)(6 )v River, near Samarra Iraq, and that they instead were left at the side of the roadway. This is a violation of Article 134, UCMJ.
In that you, did, at or near LSA Anaconda, Iraq, on or about 25 January 2004, with intent to deceive,
make to CID Special Agentallinralse official statements, to wit: "no" when asked by Special
Agent 'at any point did you instruct the unit personnel to withhold information regarding the

in 1A) Ic
ident w en talking to CID or anybody else" and "no idea" when asked by Special Agent
"why would soldiers within the unit state they were instructed to withhold information regarding this L..)
incident," which statements were totally false and were then known by you to be so false. This is a
violation of Article 107, UCMJ.
020484
DOD-043564

Doc_nid: 
4061
Doc_type_num: 
734