Record of UCMJ Article 15 proceedings relating to CID report 0035-03-CID259-6114. Allegation of misconduct was against a soldier for shooting and killing a detainee during a disturbance in the prison at Camp Bucca, Iraq. The report found that the soldiers followed the Rules of Engagement (ROE) they received a reduction in rank and extra duty.
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m a 'MAY. 8. 2LU V J' 4 : P 51374
NO. -
ICOM OF PROCEEDINGS UNDER ARTICLE 15, DCRIT"..."--For tis at this tone, WS AR 2740' tht tY apORlet epee v 11 TAG,
ores on Reverse Beare Completing Form
NAME MOE SS MT PAY (b a.:- r. & S,
„.....-4 1 Jr.
E6 1 I 303rd MP Co. -, 2,
1 I am considering whether you should be punished under Article 15, UCM.T, for the following misconduct: 11 Io that you, who kr:.cw or should have known of your duties, at U.S. Naval Station, Guantanamo Bay, Cuba, on or about 2003, were derelict in the performance of those duties in that you negligently failed to adhere to camp policies regarding restraint of a detainee, as it was your duty to do. This is in violation of Article 92, UCIV.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-ra You have several rights under this Article 15 proceeding. First I want you to understand I have mat yet made a decision whether or not will be punished. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the offe.nse(s) You may ordinarily have an open hearing before me, You may request a person to Speak on your behalf. You may present witnesses c
other evidence to show why you shouldn't be punished at all (matters of defense) or why punishment should be very light °natters of' extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the type and of punishment I will impose. VIf you do not want me to dispose of this report of misconduct under Article IS, you have the right to der by court-martial instead. a/ In • r,_ iding what ou ..• .• • you have the right to consult with legal cotmsel located at TDS - C ' @ DSN . You now have 48 hours to decide what you t to do
DATE Q? lief. NAM GRAM AND OREANIZATioN OF cot mANDER a
COL, JDOG
TIME Ca
—
S. Having been afforded the opportunity to nonsuit with counsel, my decisions are as follow: (lniriol ropria e b s gn)
a.
demand trial by court-martiaL
b.
do not demand trial by court-martial in the Article 15 proceedings:
hearing be I Open sed,
(/) I revue r (2) A person to speak in my behalf 1 ---) Is not requests
(3) Matters in defense, mitigation, and/or extenuation: f I Are not presented Cilliill be presented in person ["n Ar attached. - - -aiter4 Afiz 03 srsvoicE MEMBER Rit---) s...----
4. In a(n) = Open 1,;-1 Closed hearing ii all matters presented in defense. mitigati• , andlor extentuation, having bee considered, the following punishment is imposed: sl 4 1
Reduction to Sergeant (E5); and extra duty for 45 days.
5.
I direct the original DA Form 2627 be filed in the I -1 Performance fiche -,-.3 Restricted fiche of the OMPF. l'
6.
You arc advised of your right to appeal to the MO Miller, JTF CDR. within 5 calendar days. An appeal made after cine may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.
DATE NAM Jr C . •" • • • TION OF COMMANDER
1 114 /et 01 COL, JDOG
7. (initial appropriateblock, dare, and sign)
a. ) .1 I do not appeal b. I I I appeal and do not submit additional matters it; 2/ co, I appeal and submit acidic — --- Manery al 2/
-------........
DATE mil,SERVICE 10A8ER SGT
I CO 010(4, 03
N)(G)c---
5. 1 have cOnSiderecl the appeal and it Is my opinion that;
There is no legal objection to the findings or punishment.
oar Non Am imam OP JUDGE AOVOCATS 1 SIGNATURE
i61 Aril- r+3 e r r
9. A cr consideration of all matters presented in appeal. the appeal is Denied I —I Granted as Inflows: la i
All¦
DATE NAME, GRACE, AND 3FGA QAT ION DE COMMANDER S
wa ry
22. N7,7. 03 Geoffrey D. Miller, MG JTF Guantanamo I t Ir4.,;.•1/4111 11Off
1 DATE REA
10. 1 have semiMc action taken on my appeal.
!-k '-k\ CiS
11.At LIED DOCUMENTS ANDO1 CO104E1171 LI / is' EI /
1
Secret AAR Input_ Form
C6)((/)
Camp Delta-GTMO SOP
OA FORM 2627, AUG M EDITION OF NOV 92 ID OSEDLETE a
023354 L6lis (6)a)
DOD-048923
SECTION IV - FINDINGS (para 3-10, AR 15-6)
The (investigating officer) (hoard). havine carefully considered the evidence, finds: Introduction le CID investigation of the circumstances surroundin the shooting death of EPW e, ISN
ib-4-1
and the wounding of It is my finding that CID was correct in determining c eath was justifiable homi that t e shootings occurred in accordance with the ROE.
)c)lo-4
Ba;:keround 10%0-5
'`°-`k wirwas an EPW and was shot by SPC 01111111.1101111nra US y who was on •ward ty at the EPW compound, Camp Bucca, Iraq. According to witness statements, on 18 April 2003, SS vas inside the EPW holding pen serving meals as part of the compound Feed team. distu ce occurre•en the brother of -ntered into an areument with another EPW in the feed line. In response, SSG nd the other members of the dispersed the crowd ofEPW's that .had , e ned to the tent and came out with a large tent stake or pole. so signaled to other EPW's to do 1.e.,-Aee , at least three EPW's had some sort of stick or pole intens o e a weapon. The group of s started moving forward towar s t e MP feed team. In accordance with doctrine, the feed team is unarmed once they enter the holding pen. For their protection, armed guards take up positions surrounding the holding pen to provide protective fire if needed. SPCand SPC were on duty as guards to provide protective fire.
t, -5 i')(4?) '71
As the group of EPW roache the feed team, the determination was made that a warning shot should be fired. SPCIIIIIIPwhowas in visual act with SPC ired one shot into the sand with a Beretta 9mm pistol. The warning shot had no effect on theadvanci • group of EPW's. as within a few feet of SSG and continued to swing his weapon at the soldier. At this timeSPC *made the determination he must use deadly force to stop from endangering the life of SSG alwand the other members of the feed team. SPC fired one round from his issued M16A2 rifle intended to hit The round missed and hit
another EPW in the forearm. This W was identified as IMO. SPC stated to this officer, that topped advancing towards SSG earfor a moment when the firs hot was fired, as if he realized he s shot at. However, again continued to advanceon SSG As appraised the wea to attempt to hit SSG in, SPC fired another round strill_gi 4111110 in the abdomen. immediately dropped the we and stumbled into the tent. The o er EPW's that had joined =1,' also retreated,
thus ending the riot.
10-5
Nip
was then brought out by other EPW's and turned over to the compound guards to receive medical care. He was then transportedto t ion aid station where he died of his wound. was also transported to the aid station and brought back to the holdingcompound a receiving treatment. cb)(4)14
See attached CID report Initial/SSI -0035-03-CID259-61144-5H6-5H1D-5C1D-5Y3.
SECTION V - RECOMMENDATIONS (para 3-11, AR 15-6)
In s iew of the above findings, the (investigating officer) (board) recommends:
Findings
I concur with each of the findings made by the CID investigating officers, SA , SA 11111111111111111,
6"4
Subject: None: (Justifiable Homicide)
Vi,tim:
I. US Government Riotin 1°L;"--4
.-, 19 FEB 71; Montebello, CA; M; Unit; 314th MP Company [Attempted Murder]
(Aggravated Assault!
Conclusion: I concur with e ort I
USS 259-61144-5H6-5I-IC1 -Y3. The ROE were followed in the shooting death of EPW , and the wounding of It is my finding that CID was correct in determining t stifiable homicide and that the shootings occurre in accordance with the ROE.
This document is a computer generated copy of the on inal document turned in to COLWDeput gade Commander, 800 th Military Po rigade. The signed original
G)
and all starting sworn statements or evidence were turned in
to COL during May or April 2003 by CPT
are not in the possession of the 814th MP Comp
Produced on 23 SEP 2004 by:
r 4 4.
E,,ral 1574. Mar 83 USAPA V1.20
CPT
0003 rJ 5
DOD-048924