Article 32 Proceeding Charge Sheet for charges against Scott McKenzie for his role in abusing detainees at Abu Ghraib prison. The charges are: 1) dereliction of duty; 2) maltreatment of detainees (three counts); 3) aiding and abetting in maltreatment of detainees; 4) making Official False statements to investigators; and 5) assault (four counts).
CHARGE SHEET
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI) 2. SSN 3. GRADE OR RANK 4. PAY GRADE
McKenzie, Scott A. SSG E6
4111111/1
5. UNIT OR ORGANIZATION 6. CURRENT SERVICE
NOS---(7,(C) S".'-
HHC, 320th Military Police Battalion a. INITIAL DATE b. TERMCamp Bucca, Iraq 09375 19930131 11 years
7. PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
2,709.60 250.00 2,959.60 N/A
II. CHARGES AND SPECIFICATIONS
10. CHARGE: VIOLATION OF THE UCMJ, ARTICLE
SPECIFICATION:
CHARGE I: VIOLATION OF ARTICLE 92 Specification 1: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320th Military Police Battalion, Camp Bucca, Iraq, on
active duty, who knew of his duties at or near Camp Bucca, Iraq, on or about 12 May 2003, was derelict in the performance of thoseduties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Talil Air
•
Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. CO C_& -1 1 (7)(6) -t I
CHARGE II: VIOLATION OF ARTICLE 93 Specification 1: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320th MilitaryPolice Battalion, Cam Bucca, Iraq, on
•uuty, at or near Camp Bucca, Iraq, on or about 12 May 2003, did maltrea and person subject to his orders, by throwing him to the ground striking him on the head and legs as he walked to e mgro ssmgnt.
.
Specification 2: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320 ••• Police Battalion, Cam Bucca, Iraq, onac ' or near Camp Bucca, Iraq, on or about 12 May 2003, did maltreaa person subject to his orders, by dragging him by his armpits across e groun .
Specification 3: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320th Military Police Battalion, Camp Bucca r on active d at or near Camp Bucca, Iraq, on or about 12 May 2003, did aid and abet in the maltreatment o
a person subject to his orders, by holding his legs apart, and by encouraging other soldiers to ck him, w e offer .S. ers him in the groin, face and abdomen.
Specification 4: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 32 • • lice Battalion, Camp Bucca, Iraq, onactive duty, at or near Camp Bucca, Iraq, on or about 12 May 2003, did maltrea person subject to his
.
orders by throwing him to the ground on his face and stepping on his previously injur Arm.
•
(SEE CONTINUATION SHEET)
III. PREFERRAL
11a. N ACCU R (Last, First, MI) b. GRADE c. ORGANIZATION OF ACCUSER
02 320th MP Battalion
e. DATE
h,a) 2 -{7A) Z /a pi, aa
AFFIDAVIT: Before me, the undersigned , authorized y law to administer oaths in cases of this character, personally appeared the
, . ... z ,... ....._— ,.. At
at.Ar,usei 1.11LS .ay Vi , a me rnregotng charges aha speei ca ons under oath that he/she is a person subject to the Unifo Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
OSJA, CFLCC
ped Name of Officer Organization of Officer
MAJ / 04 Article 136, UCMJ
Official Capacity to Administer Oath (See R.C.M. 30704 - must be commissioned officer)
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CONTINUATION SHEET 2
Specification 5: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320 th
Military Police Battalion, Camp Bucca, Iraq, on active duty, at or near Camp Bucca, Iraq, on or about 12 May 2003, did 1111/111111111111101Mill=1111111111.014 a person ag) subject to his orders, by twisting his previously injured arm, causing him to scream in 7e.,_ pain.
CHARGE III: VIOLATION OF ARTICLE 107 Specification: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320 th Military Police Battalion, Camp Bucca, Iraq, on active duty, did, at or near Camp Bucc
vileiF or about 16 May 2003, with the intent to deceive, make to Special Ag 04i1-
(7fc,)
rifted States Army Criminal Investigation Division Command, an official statement on a DA Form 2823 Sworn Statement, to wit: that he did not see MSG
(6)60
11111/1cick an EPW in the groin, that he did not see SG n kick
Zc).3"--
an P in the groin, that he did not hold and EPW's ankles w e female sol iers kicked the EPW, that he did not drag an EPW to the searching area, that he did of throw EPWs to the ground, and that he did not kick, punch, or do anything unnecessab to any of the EPWs, or see any of the other MPs do anything unnecessary to the EPWs, which was then known by the said SSG McKenzie to be so false.
dt CHARGE IV: VIOLATION OF ARTICLE 128 Specification 1: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320th Military Police Battalion, Camp Bucca, Iraq, on active dut did at or near Camp Bucca, Ira , on or about 12 May 2003, unlawfully drag OA) -y
Iraqi prisoner of war, across the group by s arrnpr .
(7.,e1
Specification 2: In that Staff Sergeant Scott Alan McKenzie, U.S. Army, HHC, 320 th Military Police Battalion, Camp Bucca, Ira• on active duty, did, at or near, Cam. Bucca, Ir , aid and abet Master Sergeant d Ser e Chia)-S;(?)e)S--awfully kicking omen, okling eg and p saner o war, in the groin, face an(bh I encouraging SG o kick him.
(6,6)-Ze-)
-OP C
Specification 3: In that Scott Alan McKenzie, U.S. Army, HHC, 320 th Military Police Battalion, Camp Bucca, Iraq, on active dut did at or near Cam Bucca, Iraq, on or about 12 May 2003, unlawfully throw Iraqi prisoner (.-/‘ , a • -•.-. , ; •a•--• ---• - • -• 6 . • "ul ;41 .1
Specification 4: In that Scott Alan McKenzie, U.S. Army, HHC, 320 th Military Police Battalion, Camp Bucca, Iraq, on active duty, did, at or near Camp Bucc Ir about 12 May 2003, unlawfully thro and NC)
Iraqi prisoner of war, to the group e m on e egs as he walked to e inprocessing tent.
0/2826
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CONTINUATION SHEET 3
Specification 5: In that Scott Alan McKenzie, U.S. Army, HHC, 320 th Military Police Battalion, Camp Bucca, Iraq, on active duty, did, at or near Camp Bucca, Ira on or about 12 Ma 2003, unlawfully twist the previously injured arm o
(4)-y
using him to scream in pain. .44
("7lic)-5t
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1 2.
On /j ToliN ,,19.:20aS3 , the accused was informed of the charges against him/her and of the name(s) ofthe accuser(s) knoWn to -the (See R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)
-- , HHC, 320th MP Battalion Typed Name of Immediate Commander Organization of Immediate Commander
1 T/02
Oa UDV 2-J 0. )(c) - Z—
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13. The sworn char:es were received a 500hours, -4.9... elk/03.N. \ Y-..k
k S E.... \./ at _¦,___tV,SAo ,.....
Designatibn of Coinmand or
* Zr. .z I ng Summa , , II.VII.I ."1. -• 403)
Cornmander
gialgE1
Typed Name of Officer Official Capacity of Officer Signing
LTC, MP
Grade
Commander, 320th MP Battalion
sieniN
V. REFERRAL; SERVICE OF CHARGES
14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE Third U.S. Army/CFLCC Camp Doha, Kuwait B gokievnte.E 3oo3
Referred for trial to the General court-martial convened by Court—Martial Convening Order
Number 6, this hpArlquartprs
dated , _Jay 3 Aft 2001 , subject to the following instructions: 2 None.
By Command of Lieutenant General David D. MeKiprnAn
Command or Order
Chief Paralegal, cFrer rwn
Typed Name of Officer Official Capacity of Officer Signing
Sergeant Major
Grade
15.
On NI tAkAmitkivr• .,...A.9'&103 I (caused..tolae) served a copy hereof on (each-64) the above named accused.
Captain
-
a o nal Counsel Grade or Rank of Trial Counsel ,p
--,..,
FOOTNOTES: 1- When an appropriate commander signs personally, inapplicable words are stricken. 2 - See R. C.M. 601(e) concerning instructions. If none, so state.
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