Article 15 Proceeding re:

This Article 15 procedure was brought against a soldier who was present during an interrogation of a detainee at a jail facility in Iraq. The soldier was accused of punching the detainee with a closed fist; firing a weapon near his head; and threatening the detainee with action against his family. The soldier submitted a handwritten statement admitting to the charges, but states that it was on-going when he joined in and considered normal at the detention facility he was operating out of. He also make the point that he was not trained in detainee operations before being given the assignment. The soldier was found guilty and was reduced in rank, received extra duty and confinement and a reduction in pay for several months.

Doc_type: 
Article 15
Doc_date: 
Friday, December 12, 2003
Doc_rel_date: 
Tuesday, February 14, 2006
Doc_text: 

C 17, C:1-.3 [-) ervl C.C...7Y+1
RECORD OF PROCEEDINGS UNDER ARTICLE 15, UCIVIJ ("wig
For use of this form, see AR 27-10; the proponent agency is TJAG. a_ .3 5-C 7
' / „I ' K.:1__
See Notes on Reverse Before Cotnpletin .Form
-.
NAME GRADE SSN UNIT PAY (Basic &Sea/Foreign)
jIIIIIIIIIIIIIII ,6.6
L . I am considering whether you should be punished under Article 15, LICMJ, for the following misconduct: -i, In that you, did, at or
1 near on or about 20 Auaust 2003 commit an assault upo by pointing at him
I with a dangerous weapon, to wit: a loaded firearm. This is a violation of Art. 128, UCMJ. N. 1)6-11

SEE CONTINUATION SHEET
2. You are not required to make any statements, but if you do, they may be used against you in this proceeding or a 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 a person to spealc 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 wi., consider everything you present before deciding vihether 1 will impose punishment or the type and amount of punisiunent I will impose. - If yop 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 USAT DS , DSE , NEM WI.-1- You now have 48 ho s cide what ou want to do. 4/
DATE /2 .0 f-c,2003 NAME GRADE AND ORGANIZATION OF COMMANDER -
TIME 1034 krs

,h14-2,
3. Having been afforded the opportunity to consult with counsel, my decision are as follows: (Initial approp oc , 'te, an.szgn
..-
a.
demand trial by court-martial.

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

(1)
I re.quest the hearing be I Open osairperson to spealc in my behalf I I Is not requested.

(3)
Matters in defense, mitigation, and/or e enuation. Are not presented I I Will be presented m person I Are
attached. _ _._ _ _
DATE e--¦ AME AND GRADE OF SERVICE MEMBER 111r7._le,',..i;,=---,--,,,,,,,,--g.._

/6,,,Ou-0 3
4. In a(n) I I Open WWII Closed hearing -all matters presented in defense, mitigation, and/or e enuation, having been
considered, the following panishment is imposed: " To forfeit...per month for two months.

•-
I 5. I direct the original DA Form 2627 be filed in the PP3¦1111 Performance fiche I I Restrieted 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 otherwise stated above.
DATE NAME GRADE AND ORGANIZATION OF COMMANDER -
/P.-7)R C 03 12,‘---)-

. . - a propriate block, date, and sign)
8/9/
a o not appeal - b. I I appeal and do not submit additional matters — c. I appeal and submit additional
8/2/
ers -
DATE NAME AND GRADE OF SERVICE MEMBER
/-Zi2--C_. 03 ii49-5-

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: ,
Denied I I Granted as follows:

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER • SIGNATURE
DATE SIGNATURE OF SERVICE MEMBER
10.I have seen the action taken on my appeal.
II/ 12/T3 131k/M
11. ALLIED DOCUMENTS AND/OR COMMENTS — — ..---
I -Report of Investigation

I I- ORB _ ______ _ .

nA FORM 9697, AUG 84 (EG) EDMON OF NOV 82 IS OBSOLETE • ORIGINAL
DA FORM 2627, P ERTA INING TO

b-
Item 1, Continued:

In that you, did, at or nearailltion or about 20 August 2003, unlawfully strike
numerous times on the body and the head with a closed fist. This is a violation of Art. 128, UCMJ.

In th t ou did, at or nearillia on or about 20 August 2003, commit an assault upo by shooting near him with a dangerous weapon, to wit: a loaded firearm. This is a violation of Art. 128, UCMJ.
In that ou, did, at or near11111111fron or about 20 Au ust 2003, wrongfully communicate to a threat that you would kill if did not talk. This is a
'4
violation of Art.134, UCMJ. kJ/

C06947
-
-
r
3-OR RAW 4. PAY C-3PADE 1
1111111111.1111_____.
7 47 e
.1 7 PAY PERWIN7H 1 a 1,ts....r;y3::2::_
CATEt.S;-SEY)
11.-SI7-:::VFORE:jON CArr'r I C.
NSA .
.ii. CliARC...5 AND S.PEPIPICATIQ NS
t -,-.‘ .
i 1-0. unaroe l' -
.4: ,. ViOLATiOr' OF 1.1.-11-: LICM.J.. AR-Tir:. cL.-- -1-.,13
i.
-1 I sPEciFicATRaN 1:: in that
. -US Army: dd, at :-.-,f- n,-...ai : on, or about 23 Avau%2003, conirnit an assaii:t tzpot
f IPS)intlia* St him wit a dangerous weapon, to v-ht: a. loaded -f:rraaltn.
SPEriFfItATtON 2: ta thq -b. -5-
-hz,,,a,rmy, did, at or ne,..ar n er- about 20 Auguat
;=-0c..t3:, to:fr.:v-42,1y strike
flume:01:s :MS prt ti:e.1.-Ody anti ;iieli.;-..tad-With c:Osed fiat,
PECIFICATIC.:44 3: lh that
AtTny, did, af. or: or ai",s,Pi4. 20.Auct,usl:2t`)D3, Gorrimit azsault upon V shooting. With a danuetedt:e:weaporl, to wit: a loaded-
firearm.
Ci3=rqo If: v)c-ILAT;01,..1 nt: itus,4 41R.riCst
Or_5
SPECtRCATiON: in that
, dd, at ‘r r• about 2CIA.,43us; 2003,
wrongf(t;iy communiczte, a threat that he wouid
rEnt talk.

1
'PREY-E-R.R.41.i 144'.Wir 1 b. GF-AtES i c. ORGAM2,-.: zoti kap .Acc..,L:aEr
.
b ...
S;.
03
1
AFFIDA147.: Ott: ;)).. to ad:Tani:II:el' o:ghtr: cf chara;-Ter, tg.t,p,:::;-,,res1 the,
oct.03.;:Pr, -the
t:;a::::; filar ;:s person

:Unit-DI-al Code of anc: that heishe eitht.7 knowiedn,e
6; ha:: the

fillth therein :Ind tba: 3ame are the bzsr.: -61z3-"Itttr and belief,
1 1
A-.1.17',Ilsr-.5,-(.;iost.t: -or:Fr:prgtisi::::?aL'o:tcert
I
DO FORM 453, MAY2000 (gs) PRE:flag.: ECATION i:DBS:OLETE.
C06948
DOD-047762
1 r-..
_ ij* ) ;aid

; ;70¦,T-"c".":"V, P. 0"0,4A
i
i :_ . ,
1
.:1 11-111111111 11111----__ 1
TypLi:4 Nap:6' ;DA:et:: 0:1(..7,

1 ii
„a ... , ..._ t
1 b i-011-I1
..,.....,,:,,,.,,,,.: 1
1 - t
. IV. RE.--C,EIFT BY $1.13WcIARY GOURT-MART:At COM/ENING P-.UTHORIT:
t I
1 The ..?:,;c:c-, ...-,i?a.',9es ;:vere r,..:.v1,1,e-zi gt ________ hourz. 2.Ci'f.:3 al ...-
I
(2,--..sfiTiE.,-,-:ficv-rnar:a :v
I
. i
Slirarrg;:y (-1-3C-U I
CiNC I
i
1 I
rype.Na4",::: Ofa.tr­
sr I I I
f.3 rate
I I i
',.-t.: REFERR ; €-I.ERVICE.:OF 0:iARGE$ 1 I 14.4 OERIGNATic.)N OF COMW1i;ND.. OF CO:IVENNQ AU:NOR:TY i i.t. t-'1..Af.T-. i'..-.. DATE
1
i
i
I
i 1 1
?
-
t ;he s...1.71-4erfed 1 I
a
1
I
I
-.
20
. :R.* Ett ti7; *Is- 1",.)icrMi3c1:1itl.que.:liorii....:4
I I
I
if
i :e
Z.r. 0:74,
3
c":if ''
C-4CiLlts,
1
I 1.5.
I . Or; = 1:::aus-ed eer,:4-3' a copy .ra-.-x,f
. • T;.:0;.-,d":•:.fa.'r,..".7: of Tc.ie:
EfAi.,;?.flprisPe ii',;;;f1.$ are stgc*an: 4: 2 —
C06949
I -;
. 6 • 1. NAME OF ACCUS.E.F.)-(Lest-a.-st, AN) p R t 2. S.SN r5IIT 1 3- GHAD-c OH RANK • 4. PAY •
. .1' -GRADE
1
1
i• 5. UNIT OR O.RGANIZATION CURRENT SER'VICE
1 • INITIAL DATE b. TERM
. 1
1 1
7. PAY-PER MONTH 8. NATURE OF•RESTRAINT 19f5 AC sED 9. DATE(S) IMPOSED

-I-.
.a. BASIC b. SEA/FOREIGN DUTY I TOTAL - I

b6-5
01111110
IL CHARGES AND SPECIFJCATIONS
I 10. I: VIOLATION OF ;ITE UCK. ARTICLE 128 1 5
1 OTVICT`TFTr• A •T'TI-VAT-
u.s. Army, did, at , on or about 20 August 2003, cotrimit
1-3.11.
an assault upon sh,-,^ting nc.ar his with a danoerous weapon ely to pr"Au,e, d.ath or eq-i-v,-,rrs bo,A;lv
-
harm, to wit: a ioaded fireArm.
At.tag:
\
rri-,T A 71-rV\I or "r=i-c.' T FrkstrE APTICT E LTD C'
rEARGE
SPECIFICATION: Irk that U.S. A.rmy, did, at 111.111111. on or nor, Zt) August 2003, wrongfully communicate Iv a threat to kill him.
(51-1-t
'I la. NAME OF ACCUSER-(Last, First MO emGRADEb. NIZATION OF ACCUSER
b
I - r-Itc= •
d. SIGNATURE OF ACCUSER c.
T-lefc.,,re, me, +1:e unriersignA •.--thori-ed by to ,ch-mr,st-r cases of this p-rsorPlly +11-above, named accuser this day of . 2001, and signed the forettoing charges and specifications under oath that he/she is a person subject to the Uniform Code of:NI:di-tat), Justice and that helshe either has personal knowle,dge 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 Neale pf Officer Organization sf Officer
11111.1
Grade Official Capacity tii Administer Oath
(See R. C.M. 307(b)— must be a commissioned officer)
Signature
,trtrlf%
ULI rtircilir 400: !VT/A. T GULP,' PHEV1OUS I ION IS

C06950

2 4, .
.
. ..•
g ••;-: , tI7a a-caused was infam-i-ed or ta.atia-rges ntrairier end:CT -ma riame(Gy

ac-cuderfs.f.lown.to-rrts (.54.w.-. R. C. a 305 ea». (See R.. C,;14 notifiqation cannot pc macie..).
.
_L___,_____LM11111.1111111111.1111111_±_:
Typed Name of immediate Cominander Organization of Immediate Commander1 to-alo
t:'..rmrte
9
Signature
IV. RECEPT EY SinvliviAR'Y COURT-MARTIAL CONVENING AUTHORITY
I 1 3.

The sworn charges weire received at hours; 2003 at a Designation of Command or
i Officer se.rctsing Summery ,or unsmcdon r –ea.-N.
Commandixf.
Typed Name of Officer ^fficial, Capacity of Officer Signfng
MIN
Grade
Signature
V. REFERRAL; SERVICE. OF CHARGES a 1 4a. DESIGNATION OF COMMAND OF CON.v4ENING AUTHORITY b. PLACE I c. DATE
Referred for trial to the court-martial convened by
90 , subject to the following inttruefions:2
By
Command or Order
Typed 1,Jrne of Officer OfficiW Oapaoity of OffiOrar Signing
Grade
Signature
i 1 5.
On •20 I (caused to be) served a copy hereof on 'sc.- cf--) :tie above named accused

Typed Name of Trial Counse, Grade or Rank of That Counsel
Signature
FOO mu TES: 1 — Vvhen an appropriate commander sians personally, inapplicable words are stricken.
2— See. R.C.M. 601.(e) concerning instructions. if none, so state.

OD FORM 45E. MAY 2000 PREVIOUS EDITION IS OBSOLETE.
C06951
DEPARTMENT OF THE ARMY
,b
12 October 2003
MEMORANDUM FOR RECORD Subject: Local Suspension of Security Clearance and Access
1.
The access to TS/SCI for the following individual is locally suspended pending Court Martial:

2.
Due to mission requirements, the above individual will retain his SECRET/NOFORN access. The individual is deployed with Task Force Ironhorse and will require the clearance for Operation Iraqi Freedom.

3.
Upon completion of the investigation and the outcome of the pending legal action, the suspension 'will either be lifted or formally forwarded to the Central Clearance Facility..

3. POC this memorandum is
L6-a
u695g.
DOD-047766
,JusJrcimu rAvORABLE PERSONNEL ACTIONS (FLAG)
For use of this form, see AR 600-8-2; the proponent agency is MILPERCEN.
SECTION I -ADMINISTRATIVE DATA ... 3_.
—I c,
1. NAME (Last, First, MI) 2. SSN 3. RANK
„--- 1111111.
5. ETS/ESA/MRD
On act ve duty I Not on active duty ZOn ADT
. INj i
7
6,' . UNIT ASS1GNE-D AND ARMY MAJOR COMMAND 17. STATION (Geographical location) --_____.-------
-19 6 -5
8.
PSC CONTROLLING FLAGGING ACTION AND TELEPHONE NUMBER

9.
THIS ACTION IS TO:

X Initiate a flag Transfer a flag Remove flag
(Sections ll and V only) (Sections III and V only) (Sections IV and V only)
SECTION II -INITIATE A FLAG
10. A FLAG IS INITIATED, EFFECTIVE 20 September 2003 FOR THE FOLLOWING REASON: NON-TRANSFERABLE TRANSFERABLE 1X Adverse action (A) I-I APFT failure (J)
Elimination -field initiated (el Weight control program (K) _
'
Removal from selection list -field initiated (C) I I Referred OER (D) Security violation (E) LI HODA use only -elimination or removal from selection list (F)
SECTION III -TRANSFER A FLAG .
1 i. 0
A FLAG IS TRANSFERED FOR THE FOLLOWING REASON:
I I Adverse action -HQOA directed reassignment (G) I 1 APFT failure (J)
1 1 Adverse action -punishment phase (H) , ; Weight control program (K)
Supporting docuMents attached? 1 1 Yes No

SECTION IV -REMOVE A FLAG
12.
riI A FLAG IS REMOVED, EFFECTIVE FOR THE FOLLOWING REASON:
I
Li Case closed favorably (C) Soldier transferred to a different Army component or
I
discharged while case in process (destroy case file) (E)
I
1 Disciplinary action taken (D) Other final action (E)
SECTION V -AUTHENTICATION DISTRIBUTION 1 -Unit Commander 1 -F&AO
1 - PSC 1 -Commander, gaining unit (tranSfer flag only)
JAME, RANK, TITLE, AND ORGANIZATION S1GNA DATE
b V'D.-,
_ _ _ _ _ _ _ _ _ . _ _
EDITION OF 1 JAN 80 I _OBSOLETE. USAPPC V2.00

r 0 6 9 5 3
DOD-047767
DEPARTMENT OF THE ARMY
U.S. Army Trial Defense Service
AFZF-JA-TDS 24 October 2003
MEMORANDUM FOR
SUBJECT: Article 32(b) Investigation Delay Request
1. The defense requests a delay in the Article 32 investigation from 1 Nov 03 to 10 Nov 03.
.-1310-5—
2. The reason for the delay is to allow the recently retained civilian defense c4timsel adequate time to appear and prepare for the hearing. On or about 19 Oct 200.3, retained guy6-)s
, as his lead counsel for his defense. defense requires
that

e present at the Article 32 hearing. I have spoken to
and he can be in our AO on or about 10 Nov 2003. I will send the Trial Counsel the necessary information to arrange travel.
3.
The defense will be credited with the delay.

4.
POC is the undersigned at

5.
I certify that a copy of this was served, via email, on the trial counsel and the Article 32 officer on 23 October 2003.

bio;)-
111111111111111Mm 11111111111W
Senior Defense Counsel
C06954
DOD-047768
DPPARTMENT OF THE ARMY
t -
REPLY TO ATTENTION OF
. SUBJECT: 1Delegation ofAtthori - to EXercise -Article 15, UCMJ, Powers
1. Pursuant to AR 27-10, paragraph 3-7 c., I hereby delegate to you the authority to exercise
Article 15, UCMJ, powers to assist you in disposing of suspected offenses committed by the
following soldiers:

i6-5"
2.
You may exercise any power that I possess under Article 15, UCMJ, however, you are tot
required to take any specific action.

3.
This delegation will remain effective until you take action, if any, but not later than 18
October-2003:

111=--
Commanding
COG955
RECORD OF PROCEEDINGS UNDPR ARTICLF 1F-;
For use of this form, see AR 27-10; the proponent agency is TJAG.
See Notes on Reverse Before Completing Form
GRA I SSN I UNIT PAY (Basic ci Sea/Ford n)

I" C
1. am considering whethe vou d be punished under Ardcle 15, IICMJ, for the following misconduct:11
In that you-did, at or nea on or about 20 August 2003, unlawfully strike on the body and head
with a closed fist. This is in violation of Art. 128, UCMJ.

_
• . -
2. You are not required to make any.staternents, but if -you do, they may be used against you in this proceeding or at a trial by court-martial.
You have sev-.Efal rights tinder this Article 15 proceeding: First I want you to undersiand I have-trotyet.made a decision whether or not you
will be punished. I will not impose arty 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 (matter.s. 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. 2/ If you do not want ate to dispose of this report of misconduct under Article 15, you have the right to demand nial
by court-m 2/ In decidin what ou want to do you have the right to consult with legal counsel
located at . You now have 48 hours to decide what you want to do.4,1

I DATE 3 oc...-----r-z-l-a-'
1 TIME i ,S- /..:a.,

13. Having been afforded the opportunity to consult with colu_si el, ray decisions are as follow: (Initiat appropriate blocb, dai-e, an.d sizin)
Ia. emand trial by court-martial. —,

o not demand trial by coIletand in die _Article 15 proceedings:
(I) e hearing be r------1 Ope losed. (2) A person to speak h2 my behl-dt Is I , Is nOt requested.
1 (3) Matters in defense, mitigation, and/or , on: I I Are not presented 1 I Will be presented ir, person

1
attached.
I
DATE
pit."4-1
4. In a(n) Open osed hearing 1/ all matters presented in defense, mitigation, andior eitem -6.on., having been
considered, the following punis imposed: 5-/ §-/

Reduction to E2, suspended to be automatically remitted if not vacated by 8 April 2004; F'orfeiture of $250.00 pay per month for tWo
months.

6. You are advised of your right to appeal to the alendar days. An appeal made after that
time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.

DATE AME, GRADE, AND ORGA TION OF COMMANDER ISIG
appropriate block, date, and sign) I do not appeal b. I I I appeal and do not submit additional matters -4/ 2/ c. I appeal and submit additional matters g/ 2/
DATE NAME AND GRADE OF SERVICE MEMBER SI
8. I have considered the appeal and it is my opinion that:
1
DATE NAME AND GRADE 0.F JUDGE ADVOCATE 'SIGNATURE
I 9. After consideration of all matters presented in appeal, the appeal is: Denied 1 Granted,as follows: ni
D ATE NAME, GRADE, AND ORGANIZATION OF COiviMANDER SIGNATURE
[DATE SIGNATURE OF SERVICE MEMBER
10.
have seen the action taken. on my appeal.

11.
ALLIED DOCUMENTS AND/OR COMMENTS / 12/ 13/'.

DA FORM 2823
v
DA FORM 2627_ AUG 84 FDITION OF NOV 89 IS ORSOI FTF 0 G
DOD-047770
R CORD OF PFiOCEEDINGS UNDER ARTICLE 15, UCIVIJ
For use of this form, see AR 27-10; the proponent agency is TJAG.
See Notes on Reverse Before Completing Fornz
. PAY
'faagi.ESSN UNIT (Basic & Sea/Fore( a)
1111111.1111¦1111111/ 1166.-
•I 1. 1 am-considering whethe uld be punished under Article 15, IJCMI, for the following misconduct:1/
i In that you did, at or nea n or about 20 August 2003, unlawfully- strike on the body and head wit la closed fist: This is in violation .128, "UCM.J. _ _
_
-
2. -You are-not required to mice any statements-,-butif you do, they may be used-against you in. this proceedinz or at a trial by court-martial. You hav_e several rights under this Article 15 prOceeding. First I want you to understand 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 a person to speak on your behalf. You may present witnesses or other evidence to show why yon shouldn't be punished at all (matters of defense) or why punishment should be very light (niatters of extenuation-and mitigation). will consider everything you present before deciding whether I will impose punishment or the type and anaountof punishment I will impose. 21 If you do not want rae to dispose of this report of misconduct under Article 15, you have the right to demand trial
3/
by court-w t you want to do you have the right to consult with legal counsel
located at . You now have 48 hours to decide what you wa t to do.-4/

DATE ,2 NAME GRADE, AND ORGANIZATION OF COMMANDE S I G i
TIME 15—f_',
3. Having been afforded the opportunity to cOnsult with counsel, my decisions are as follow: (Initial appropriate brocks, date,
a.
emand trial by courf-martial.

b.
do not demand trial urt-martial and in the Article 15 proceedings:
(.1) I request the hearing n Closed. (2) A person to speak in my behalf Is i I Is not requested.

(3) Matters in defense, naitigation, and/or extenuation: I Are not presented I Will -b-ee presented in person ! i Are
attached.

DATE AME AND GRADE OF SERVICE MEMBER
¦7{1 -Tr
4. In a(n) en 1 Closed hearing - all matters presented in defense, mitigation, and/or extentim-tion, having been considered, the' nig punishment is imposed: 2/ 2/
Reduction to E3, suspended to be automatically remitted if not vacated by 8 April 2004;.Forfeiture $250,00 pay per month for two Months. -
.
fiet, -.' __Restelete4...fte4le,48$442,e_41s44,F___71
5. I tliz original DA Fcm-2,62:43e-fil
16. You are advised of your right to appeal to• the _ within 5 calendar days. An appeal made after tha time may be- rejected as untimely. Punistunent is effective immediately unless otherwise stated above.
Immuc ,RADE
!DATE
1_I 3' c.-7,-r_
7. (Initial appropriate block, date, and sign)
,, a. 7-----.. ,-lo not appeal
iii. . " b. :__ ______j I appeal and do not submit additional martersll 2/ c. ; I appeal and submit additional
matters P-1 21
1— --
I DATTE NA-NIE AND GRAD 'SIGNATURE
,i.4 :-.;:-: 2'..s.. ,111.11111111.11111. 66-5 1
8. I have considered the appeal and it is my opirdon. that:ER
1
— , —
1-DATE 1NAME AND GRADE OF JUDGE ADVOCATE ¦ SIGNATURE
9. After consideration of all matters presented in appeal, the appeal is:
Denied • Granted as follows: ig I

DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
DATE !SIGNATURE OF SERVICE MEMBER
1.0. I have seen the action taken on my appeal.
11. ALLIED DOCUMENTS AND/OR COMMENTS 1.1: 12./
DA FORM 2823 .
t OM 7
DA Fer-INI 2627. AUG .84 FDiTiON OF NOV A9 IS °RAO) FTF ORIGINAL
Fig--Pr3FT TO SI ;SPET-7-4D FAV471RAi,u F-5-7RSONNEL ACTIONS
For of this form: see AR S00-8-2; the proponent agency is MILPERCEN_
SECTIoN ADMINISTRATIVF DATA
-
1
[Lav, MI) 2. 'yrs fla,NK
i
„r
;
t „
; '
EN, I
.0n etsti•ve duty On Af.--)T ;
•";
21 kir "-s-4141; 17.. cTATION (Gencrrapilical location)
18. riOLI ING FLACr.(zINC.: ACTION AND T%•=19--'1.-10.,N:"• "
HIS AC ION IS 10:
Initiate a flag Transfe,r a flag Rem (we flag

?Sections E and V only) iSections N and V only.i [Sections IV and V only)
S'ECTION 11 NITIATE A FLAG
5 LE
t 1Xi A FLAG IS INITIATED, EFFECTIVE 23 SEP )00"; FOR THE FOLLOWING REASON:
NON-TRANSFERAELE- TRANSFERABi E
• FX.1 ,Adverse (A) l AFFT failure (J)
I Eliminatfon - field initiated (B) • i ! Weicht control proorarn (K)
I Removal: from siairsotion Sist .-field initiaat_ed
! Referred DER (Cal
5
a ; Securivy violation (E)
2
k/Se- only - falimination reir.oval ffOiTI selection list..(F)
SECTION II! - TRANSFER A FLAG
1 ! A FLAG IS TRANS-FERE:LI FOR THE FOLLOWING REASON:
r"--;
.r.‘s4-..sersia actir_,n -directs reassignment (0) I E APFT ftsii.ure (.3)
t
; ;; E se. aotion --0-1) -.1!./eloht control program lK)
r
i ! Sur.mortlnd documents--a ttar...-ti : 7-1i tao

s _ _ 2 ;' • '••• 0-1 EOR THE FOLLOWING- REASON:
! Case closed favorably (C) Soldier transferred to a differ?.n.: Army componer,*:-.1.; -
discherged while case proce.ss (destroy case TWO! 5e.1
Disciprmary action taken (f.)) ; Other finat action (E)
SECTION V - AUTHENTiCATION DISTRIBUTION
-Unit Commander 1 - RAO
1 - PSC 1 - Commander; caining unit (transfer flan only]

NIE SANK, TITLE, AND CaRGANIZATION I SIGNATURE DATE
I -

-)A FORM 26R, JIN 87 (zi-.)ITION OF 1 ,I.AN BC IS 2BSOLE.TE, %;=•:%=7'P':.
r 0 G 9 5 3-
DOD-047772

RTICr E 15 SCRIPT
hitrod.uction
ADC(S):1111.111, my purpose today- is to determine whether y-ou are Quilty of the offense listeli-on your Article 15:- as-a.--tilt of 11111111111111.11111 OD. or about 20 Auc,rust 2003. This 'vt-,lats A -3-fisf.:1P 1 8 of tile T hifnrra-Code nf Mil itqry Jusi-Tce›-s_
134'.,-r ¦ -••¦• -„
.L aka, 1111 2.•
ADC(S): If I find y-ou g-uilty-, then. I will also decide upon an. a.ppropriate punishment. The
maxim.urn punishment that 1 can impose is:
1.
Reduction to Private -1).

2.
Forfeiture of 1/2 month.'s pay per month for two months.

3.
Extra duty for 45 consecutive days.

4.
Restriction for 60 day§ but if ext-a duty and restriction are combined restriction my not
exceed 45 days.

5.
A written or oral repri-m.and or admonition.

J-0 -
L
A OC(S): Have you cOnstilted with a defense lawyer about your caSe?
Accused: P.,..eapotise] -
ADC.(S): Did. yoUcomplete this form as• indicated?
.A.ccused: fResnonsel
Ricgit to Prent Evidence
A_De(S): have- aire,idy rFtviPwed.lhe same evide-nce that you were provided. Do you have any additional Fz-,-..riderIce. anything 0 LI 3%/03 31d like to sa.y.at this time?
Accused: [Resporise]
Findings and Punishment
[The standard of proof is the same at an ardcle 15 as it is at a court-martial. If you are con-vinced beyond a reasonable doubt that the accused is guilty- of the offenses make a finding of Quilty. If you are not conviriced beyond 4 reasonable doubt, you should make a finding of riot guilty.]

C.0 6959 -
If Finding of Not Guilty
•ADC(S): J have considered all of the evidence presented. I am not convinced beyond a. reasonable' doubt-thatyou are guilty of these offen.ses. Therefore, these proceedings are -ferralhated andnopurishment 1;V:ill be imposed_- .[Counsel the. soldier as desired] You are
If Finding of Guilty
A_DC(S): I have conSidered all the-evidence presented. I am Convinced beyond a reasonable

doubt that y.01.1 are of the offense of assault... I have Considered all, matters- presented in


defense, mitigation,. arid extenuation; and I impose the follovv-ing punishment:

1. To be rednced to Privateq_-7r. :3)) (E-2) (E-1)_,-'L3-e veci •
2 To forfeit S pay per month for (one month) (two months).
irl/Py-imurn forc-iture ig as fr4I.Aws-
E4: $8,_2,65 ay Der month for two months. E3: ay per month for two months.* 4 4 tt e---) /
E2: S695.00 pay per month for two months.* El: $625.40 pay per month for nvo mouths,* a r 71-N,
*Everi if the soldier's reduction_ is suspended.]

3. .:To Perforrn Ektra duty-for conseCu..tive days. iMayimum ength of extra duty is 45 •

4, To be restricted to the 1-hmits of company area;'place of duty, plac,e of worship, rriedical facility, dental facility-, and dining facility-, for aav,
. .
-_- •
[Maximum ieng,th of restriction. is 60 blit if extra duty and restrie ar-e
•combimed restrictinn.my riot 'exceed 45 days.1
5. (G-ive oral reprimand/admonition) or written reprimand/admonition.
:06960

ar,,ericr.ci not e•_.,.;ceed 180 days.
e¦ -.7 7 :1-1.,7.27., Z.7
iN ;_; _ • L.1.05,V. • • • 2.--1.1.4.
.eile-ngs-nri
`1(11';niSf-Prea OP 23 Jan, maximum end date would -be 21- Jul 031
r-. _
nu exPct date fea-the suspension to terminate_

.
FOrriliat. " )1)- The-F0110V.diag..)
•" -
(is) (are) suspended until
Please do not write the punishment OP the Article 15 form. "ile JA will tyne punishment as recorded on this worKsneet.
Appeal Rights
ADC(S): Yon are ad-vised of your right to annea_l this Article 15 to the 4th Infarity Division (Menhanized) COMMPTIC-1in(r n't?TtP.TP1 within 5 on:lent:far days
Conclusion and Signature
ADC(S): Do you have anything you wish to add?
Accused: fResponsej
ADC(S): You are disr-- .-;ssed to wait outside my office 1hr fth..1-ther instn lotions.

[Date and sign in Block 6 of the DA Form 2627, check that blocks 4 and 5 have tk°en completed.;
3
COG961
A
t
•riz, -. ;1 1T--
ip..,,re,r ;;"•-si•••; I

• .
• , •-• '222:1
I '-'' ••• • •
• i
„:"•!.-:, 4 • •-• .
k; %
,
,
: • • I
• • r
• ••,.. t
• -
^
2 - r:1:21""se 17;1':
' j••
:
'
¦ ^ ••
- • !

DOD-047776

b‘.-5"
A

•!--- 0-4 ;.ti t_ „
4'7 4"`"- re" 1; 3101' L. 1,z­(..,c-d
1 7. t..11,: 4. •4.-- , ix r• tiff 1)6_ 5

41' !",..t.
I

'206963

RECORD---OF PROCEEDINGS UNDER ARTICLE
For use of this form, see AR 27-10; the proponent agency is TjAG.
See Notes on Reverse Before Completing Forrn
I I
RADE SSN
1.111111.11. 1 I I
I/
1. I am considering whethe ou should be punished under Article 15, UCMJ, for the following misconduct:
In that you did, at or near n or about 20 August 2003, unlawrully strike on the body and the head
with a dosed-fist. This is in vio a ion of Article 128, UCM.T.

b b--t/

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_I have not yet made a decision whether or not you
will be punished: -I will not impose any punishment-uhress Tam convinced beyond a reasonable doubt that you conunitted 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 punistunent I will impose. 2/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-m ia "nstead. 2/In deciding what you want to do you have the right to consult with legal counsel
Located at

. You now have 48 hours to decide what you want to do. 4/
F.DAT;-" E A D OFIGAN17. r • .r;
is- 124
I 3. been afforded the opportunity to consult with counsel, my decisions are as follow: (Initial appropriate blocks, date, and sign)
I demand trial by court-martial.
I do not demand trial by court-in nd in the Article 15 proceedings:

(/ I request the hearing be I Open losed. (2) A person to speak in my behalf I I Is not. ted.
' (3) Matters in defense, mitigation, andlor I Are not presented 1 Will be presented in person re
attached.

i TIME
DATE SERVIC u SI TURE
0, 1 t-
14.. In a(n) L I open osed hearing all matters presented in defense, mitigation, ancVor extentuation, having been I considered, the following punislinien is imposed: V V
Reduction to E5; Forfeiture of $250.00 pay per month for two months; Forfeiture of $918.00 pay per month for two months,
suspended to be automatically remitted if not vacated by 8 April 2004.

5.
I direct the original DA Form 262/ be filed in the erformance fiche stricted fiche of the OMPF.

6.
You are advised of your right to appeal to the in 5 calendar days. An appeal Made after that
time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.

DATE
sioimmar
ac-T
7 . (Initial appropriate block, date, and sign)
8/ 2/
a. I I do not appeal b. I I I appeal and do not submit additional matters c./111!!! I appeal and submit additional
mafters A/ 2/

SIG TURE
DATE 6 15-
I CIC/-
8. I have considered the appeal and it is thy opinion that: The proceedings were conducted in accordance with egula
e punishment inaposed were not unjust nor disproportianate to the offense comitted.

DATE NAME AND GRADE OF JUDGE ADVOCATE
8" DO-
19. After consideration of all matters presented in appeal, the appeal is:
immix h
'
L Denied Granted as follows: 12/
Reduction to E5, suspended, to be autornaticaily remitted if not vacated before 11 April 2004.
DATE INAME, GRADE, AND ORGANIZATION OF COMMANDER
°3 ' DATE SIGN TURE
10. I have seen the action tak-en on my appeal.
:=.\--7 ()OIL 02
it ALLIED Cs-OCUMENTS ANDI^R r-OMMENTS -11 / 12 / /
DA FORM 2823
DA FORM 2627, AUG 84 EDITION OF NOV 82 IS OBSOLETE ORIGINAL
USAPPC V1.00
(Th
0 6 9 6 4
REPORT TO U
- --.- -.
•.•••••••••-•.•.•--• ••••••••••1/..../.•.O-1‘••• / 1%-11.1.11-1-/ALIII
For use of this form,_see A-13- 6-60:8-2; the proponent agency is MILPERCEN.
-
SECTION I ADMINISTRATIVE DATA
1. NAME (Last, First, MI)
2. SSN
3. RANK
11=111.11111 ~b6-51
' IXI On active duty 1 I Not on active duty i 5. ETS/ESA/MRD
On ADT
6. UNIT ASSIGNED A 1 I 'MY MAJOR COMMAND
7. STATION (Geographical location)
Iraq
8.
PSC CONTROLLING FLAGGING ACTION AND TELEPHONE NUMBER
9. THIS ACTION IS TO:
1X1 Initiate a flag ri Transfer a flag

Remove flag
(Sections II and V only)
(Sections Ill and V only)
(Sections IV and V only)
SECTION II INITIATE A FLAG
1 . 151 A FLAG IS INITIATED, EFFECTIVE 02 Oct 03 -
FOR THE FOLLOWING REASON: NON-TRANSFERABLE
I
TRANSFERABLE
.
Adverse action (A) Fl1 f APFT failure (J)
Ei
Elimination -field initiated (B)
El Weight control program (K) I___I Removal from selection list -field initiated (C) r---; .
1 I Referred OER (D)
11 Security violation (E)
1 1 HQDA use only -elimination or removal from selection list (F)
SECTION III TRANSFER A FLAG
ii. 1 -
1
A FLAG IS TRANSFERED FOR THE FOLLOWING REASON:
1 1 Adverse action -

HQDA directed reassignment (G)
LI. APFT failure (J) I 1 Adverse action -punishment phase (H)
1 1 Weight control program (K) I 1 , 1:
Supporting documents attached? I___ wi es No
SECTION IV -REMOVE A FLAG
12.
I I A FLAG IS REMOVED, EFFECTIVE _
; :
_
FOR THE FOLLOWING REASON:
Case closed favorably (C) r----1

Soldier transferred to a different Army component or discharged while case in process
!____I
(destroy case file) (E) ( 1 Disciplinary action taken (D) —I
Other final action (E)
SECTION V - AUTHENTICATION
1 - PSC 1 -
ISTRIBUTION . 1 -Unit Commander 1 -F&AO Commander, gaining unit
(transfer flag only)
466-
TLE AND ORGANIZATION , r n G 96 5
SIGNATURE
I
DATE
1111.1111111111111111111111111 -\ --6' 11-(9 -7--­
,.ZLZ____-___%
4 FORM 268, JUN 87
EDITION OF 1 SAN'S() IS nacni
DOD-047779

,_ RECORD-z.iF PROCEEDINGS UNDER ARTICLE 15,. lit---MJ
C-X, Co S
For use of this form. see AR. 27-10; the proponent agency is TjAG.
See Noyes on Reverse Before Completing Form
- •
ME.
!MI I SSN. I UNIT. ! PAY (Bilsic & SeciFore.ign)
1 1
. I . i 66:-3-
1.. I am considering whether ou shou d be punished under Article 15, UCMI, for the followinz misconduct: I/ In that vou; did, at or near Y. n or about 20 Augast 2003, unlawfully strike on the body and head with aclosed fist. This is in violation o Afficle 128, UCMJ.
? .... _ _ . (0.--L-/
-2. You are not required to make any statements,-hurif-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 Lhave not yet made a decision whether or not you
will be punishedTi-will not impose any punishnient unless- I arn convinced beyond a reasonable-doubt-Cal' 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 shotildn'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. z/If you do not want me to dispose of this report of miscontimtvggrigkitEgkiAi5Isairitt[044 to demand trial
by court-martial instead. 2/In decidin. what you want to do you have the right to consult with legal counsel

located at You now have 48 hours to decide what you want to do. 9-/
__.. -
..___
DATE let CIC.T 03 INAmE.,GRAn= AND QBa4.N17,-r-inn. ,-,t-: ' - -lialm-.4,136 a..wiyi past.) Lit SlUdIA-LNUAL
.
Tlaw mor,"In'°'
1
3. Having been afforded the opportunity to consult with counsel, my decisions are as follow: (Initial appropriate klo ks, date, and sign)
a.
i I demand trial by courtmartial.

b.
.1 do notdemand trial by court-rnartial and in the Article 15 proceedings:
(/) I request the hearing be ( I Open Int Closed. (2) A person to speak in m behalf I 1 Is NMIsiaieisted.

(3) Matters in defense, rtUrigation, and/or extenuation: 1 , I Are_ not presented :Will be presented in person Are
attached.

,ld--54-
DATE 1 DE 0 ' SI
— -BER NATUR
o acr d 7 I
4. -In a(n) 1 I Open 111111.1osed hearing 1/ a1,1 matters presented in defense, mitigation, and/or extentuation, having been considered the following punishmehit is imposed: Ai §/ Fr" .\--eu C41-.'ic C"‘".15.0 .1,3cy fe-c-- ,--70^4-1-¦ -C.pc 4-Goo (nOrr4).js
...-••-• r‘. • l' . _ .... x - _ I I
,...., e,, 0.c. 0 . Amcy, _, r. . . ,-5:;. :__ -, ..4),...,,n.. , : e, i r3.=' ipa isen, -rre
\ -c r-30-31- vc::..A -c„Voc-e, _:_30•A "1- bt-i= ' --its-c-ip ..;V-o.e7:,Vil)rA*-7/i-'; sy-5reii-die -6;) be y
rem ;41-'e i-C" r)z)-1--- vo.c..-a-1-e-b ,;3.,--e.,'- ;-.4,z.)---toll-

_ -
5.
I direct the Original DA Form 2627 'e filed in Performance fiche estricted fiche of the OMPF. 2/

6.
You are advised of your right to appleal to the thin 5 calendar days. An appeal made after that time may be rejected as untimely. Punishment is effective immediately unless otherwise stated a.bove._

DATE NAME, GRADE, AND ORGA IZITION OF COMMANDER I SIGNATUR
6)-e.A-0-49
7 . (Initial appropriateblock, date, and sign)
.
I do not appeal b. 1 1 I appeal and do not submit additional matters 1/ c. appeal aiad submit additionalmatters a/ 9/
. )ATE MBER SIGNATUR
On- o3
3. I have considered the appeal and it is my opinion that: -
t t_
/ATE NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
_
. After consideration of all matters presented in appeai, the appeal is: I I Denied I -I Granted as follows: AI
a,TE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
DATE 1SIGNATURE OF SERVICE MEMBER
¦ . I have seen the action talcen on nay appeal.
. ALLIED DOCUMENTS AND/OR COMMENTS 11./ 11/ 13 /
CID REPORT -
DA FORM 2823

\ FORM 2627, AUG 84 EDITION OF NOV 82 IS OBSOLETE ORIGINAL
USAPPC VI .00

Doc_nid: 
4359
Doc_type_num: 
731