This memo is the appointment order for an investigating officer to investigate and make a recommendation as to any uncharged offenses against Sergeant Scott A. McKenzie for his role in detainee abuse at Abu Ghraib prison, except for minor offenses. According to the memo, the appointed officer should set the Article 32 Proceeding as soon as possible.
DEPARTMENT OF THE ARMY
8001." POLICE BATTALION
CAMP BUCCA, IRAQ
APO AE 09375
.%EPLY TO
ATTENTION OF:
AFRD-JA. 16 July.2003
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MEMORANDUM FOR LTC IIIIIIIIIIItleadquarters and Headquarters Company, 220th Military Police Brigade
SUBJECT: Appointment of Article 32 Investigating Officer
1.
You are hereby appointed to investigate the enclosed referred charges and specification concerning Staff Sergeant Scott A. McKenzie,.C, 320th Military Police Battalion, Camp Bucca, Iraq, APO AE 09375.
2.
You will conduct your investigation in accordance with Article 32; UCMJ, and Rules for Courts-Martial 405. You will use DA Pam 27-17 as a procedural guide. Additionally, you shall investigate and make a recommendation as to any uncharged offenses, except minor offenses as defined by Part V, Manual for Courts-Martial, brought to your attention during the investigation unless counsel for both sides agree that they should not be investigated. This duty takes priority over all other duties.
3.
A defense counsel will be detailed for the accused by Trial Defense Service. Each counsel plays an adversarial role in the proceedings. Avoid talking to the legal counsels, the commanders of the accused, and any prospective witnesses about the merits of the case outside of formal sessions where all parties are present..
(6)6) - a ;.) -2
4.
Your legal advisor for this investigation will be MAJ.FLCC Staff Judge Advocate. You can contact him at 825-2352 for legal a ice as soon as possible upon notification of this duty. Logistical support will be provided by the Criminal Law Division, CFLCC- OSJA. The hearing will be open.
5.
The Article 32 should be set as soon as possible from the date you receive this memorandum. Any request to delay this investigation by the attorneys must be in the writing and must detail the basis for the request. You have the authority to grant reasonable requests by the attorney to delay the investigation. However, any request, which would delay this investigation any more than ten
(10) calendar days, must be approved by myself.
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DOD 14455
AFRD-JA SUBJECT: Appointment of Article 32 Investigating Officer
6. After the hearing is completed, the legal specialist assigned to the investigation shall complete a summarized transcript within 3 duty days. Upon receipt of the transcript, you have 3 duty days to submit the report of your investigation, with five copies, on DD Form 457 (Investigating Officer's Report) to the Criminal Law Division, OSJA. Your report will contain a detailed date and time chronology of your actions in conducting this investigation, to include all delays.
ANIS L. BG, USA Commanding
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DOD 14456