Article 32 Proceedings re: Soldiers Charged in the Drowning Deaths of Iraqi Civilians (Tigris River, Samarra, Iraq January 3, 2004)

This Article 32 Proceeding pertains to charges brought against four (4) soldiers for causing the drowning deaths of two (2) Iraqis in the Tigris River outside Samarra, Iraq on January 3, 2004 by forcing them in to the river. The soldiers were accused of making False Official statements; Manslaughter; Assault; and Obstruction of Justice. The proceeding also describes one of the soldiers obstructing the investigation by coaching the other soldiers in their answers when they gave statements to investigators. The soldiers were convicted of the charges.

Doc_type: 
UCMJ
Doc_date: 
Monday, June 28, 2004
Doc_rel_date: 
Thursday, June 30, 2005
Doc_text: 

Field GI Ae Article 15 Punishment NA .-ksheet il-x) 6; tit')
Pertaining To '
Unit:
61-1/0.4, Maximum Punishment Authorized
Reduction:
Pay Grades E4 and below: Reduction to the lowest enlisted grade. Pay Grades E5 & E6
Reduction by one grade.

Forfeiture: % a months pay for 2 months (If reduction is imposed, forfeiture is based on the reduced pay grade, even if suspended).
$995.00 as E5 $907.00 as E4
Extra Duty: 45 days maximum
Restriction: 60 days maximum (Note: When given with extra duty, restriction will not exceed 45 days)
Note: Punishments can be suspended for up to 180 days; all appeals must be returned to the article 15 section prior to going to the appellate authority. Most Restrictive Possible Restriction is: Place of Duty, Place of Worship, Dinning and Medical Facilities, Quarters.
RETURN TOO BCT LEGAL CELL: 1 3-12-1 L •42 BLDG 6285 (2ND Floor), RM 224a, FOR PUNISHMENT TO BE TYPED IN
Reduction to the Grade Of: SPC Suspended for (Flumber Days)
Forfeiture of igtfi , -Suspeadad-4641siumberWd) J(.2.14,4Avtith.
Extra duty for: 15 days, suspended for ( Number Days)
Restriction for -15 days, to the limits of (Circle One) Fort Carson, VIalion
Company Area, Most Restrictive, Other: , suspended
For (Number of Days) 66 ,

Imposing Commander's Signature:
. Direct any questions to the at DSN:1111111.1111111
e-xj 66( 62_ 44•40,73 011950
'766)

- RECEIPT/CERTIFICATE OF SERVICE -A copy of each of the documents iiited below, was served on
.
The Accused;

.
Counsel for the Accused;

An authorized representative of counsel for the Accused;
in the case of United States v.

111=111. cc),.j g(-A, .4 3 --( -40atrzfegi Documents served consist of DA 2627's (2) with continuation sheets. 6 '2-"1
RECEIPT OF THE FOREGOING
IS ACKNOWLEDGED BY:
iliP1111V iZ

I certify that on , I served the aforementioned document(s) to the party(ies) indicated, in the aforementioned case.
(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RECEIPT: )
‘— 3
717-c) 6:1,,,:e!
011951

-RECEIPT/CERTIFICATE OF SERVICE-

A copy of each of the documents listed below, was served on
.
The Accused;

.
Counsel for the Accused;

9a)
n authorized re resentative of counsel for the Accused; , in the case of US v ‘ -6; 3-!pi
to
Documents served consist of: tO
1. Grant of Testimonial Immunity
RECEIPT OF THE FOREGOING
IS ACKNOWLEDGED BY:
si
1/6/6i
PRINT/DATE
I certify that on , I served the aforementioned document(s) to the party(ies) indicated, in the aforementioned case.
(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RECEIPT:
,a--3) 1 9 (6)
,g z mai Paralegal Specialist
0 11952

-RECEIPT/CERTIFICATE OF SERVICE-
A copy of each of the documents listed below, was served on
[I] The Accused;
. Counsel for the Accused;
?

.34:?in authorized re resentative of counsel for the Accused; in the case of US v
A 3— i ufrj
Documents served consist of: 1-2
I . DD 458, preferred 28 Jun 04 3. Article 32 Appointment memo, dtd
2. Assumption of command orders, dtd 28 Jun 04
21 Jun 04

RECEIPT OF THE FOREGOING
`ACKNOWLEDGED BY:

4 17 CO
SIGN
PRINT/DATE
I certify that on , I served the aforementioned document(s) to the party(ies)
indicated, in the aforementioned case.

(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RECEIPT: .
011953

TRANSMISSION VERIFICATION REPORT

TIME : 01/28/2004 00:07

DATE.ITME igasbehvd ti.bw ,.fi r
FAX NO./NAME. )
DURATION.:
0 .-:

PAGE(S). 08

RESULT. OK

MODE.r.STANDARD
ECM

011954


DEPARTMENT OF THE ARMY
OFFICE OF -THE STAFF JUDGE ADVOCATE
FORT CARSON, CO

FACSIMILE TRANSMITTAL SHEET
TOTAL 140.01' PAGES INCLUDING COVER: rat¦tA'
SENDER'S FAX NUMBER:
PHONE NUMBER
SENDER'S PHONE NUMBER:
RE:
0 URGENT 0 loll KLVILW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE.
6C )
NOTES/COMMENTS:
OFFICE OP TUE STAFF JUDGE ADVOCATE
FORT cARsoN, co 50913

C11955

DOD 13612

TRANSMISSION VERIFICATION REPORT
TIME : 01/26/2004 01:45
DATE. TIME
FAX NO./NAMEDURATION 4111.1.11111111-1"44/1900:02:48
PAGE(S)RESULTWEE 06 OK STANDARD
ECM

011956

DEPARTMENT OF THE ARMY Fort arson. Colora
AFZC-FC I July 2004
MEMORANDUM FOR United States Trial Defense Service, Fort Carson Field Office,z 9
Fort Carson, Colorado 30913

SUBJECT! Article 32(b) investigation in the case of and 1111111111.
11111111111111101.
I. The elav of the Article 32 Investi ation on the charges against 111.111111.1111111.111.111111M until 22 July 2004 is approve

44 ° 11/1
2. The Point of Contact for this memo isiMillMat 521111.11
4'7 (0 64(-3 2.11ezaz,x)
CJ -
C11957

DOD 13614

I 9 cc)
CHARGE SHEET 67C0 44 *IL e
mg ‘-'7.
L PERSONAL DATA 't.-5"..
I. NAME OF ACCUSED amt. First. ))).).)..-)-I 2. SSN' ¦ 3. GRabRANK 4. PAY lir
1--i

5. UNIT OR OR 6. CURRENT SERVICE
a. INITIAL DATE b. TERM
Fort Carson, Colorado 80913

7. PAY PER MONTH- S. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY'e. TOTAL
,
$1,991.10 NA $1,991.10 None

D. CHARG'ND SPECIFICATIONS
10. CHARGE I: Violation of the UC J, Article 107.
THE SPECIFICATION: In that U.S. Army, did at or near Tikrit, Iraq, on or about
16 Januar 2004, with the intent to deceive , make to a CI agent a sworn official statement, to wit: that

and re stopped, searched and released to walk to their vehicle
and that he personally witnessed the two in ivl ua s on th ide of the road as his convoy departed the area, which
statement was totally false and was then known by o be false.

7 co
CHARGE H: Violation of the UCMJ Article 119
.. ,(- 4 / ?CO THE In that U.S. Army, did at or near Saimaa Ira , on or about 3 January 2004,while perpetrating an offense direct! , to wit: push him
. affec ing the person o
into the Tigris River at nighttime, unlawfully kill by rowning.

: t-----------... 1 7‘,/ •
) 1 7(5)
1Z-1, t'3) i-2--1 e"'")
DI. FREFERRA
I I a. NAME OFACCUSER Last. FirstAg)‘,.)4 d JC C) b. GRADE'r---c. ORGANIZATION OF ACCUSER'g 2_ I 14

. ....))
,6 -1,Je-.3) 1111'.... .43-1
d. SIGNATURE OF AC C. DATE
-AFFIDAVIT: Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the • above named accuser this . day of , 20 . , and signed the foregoing charges and specifications under oath that he/she is a person subject to the Uniform 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.
-.
111111111111111. A te-2" I1-3 d 9c c) Office of the Staffludge Advocate
• Typed Name of Officer.).i. Organization of Officer
CPT Judge Advocate
Official Capacity to Administer Oath (Sec R.C. )M. 307(b). must be a commissioned officer)
• • 1 l'.2.
) 11-3 4
, _ 7 Cc)
.......... InelVW ....41,.I 'Ill, A I .1.,/,,. ...........,...¦ ... ¦-¦ ,.... o. re ..,....,.. v...... n 1 1 tri-I.

12.
On
;,,q'.., u ,....s'-', 20 t cl the informed of the charges against him/her and of the name(s) of the accuses) known to mc (See R.C.AL 308 (a)). (See R.0 i.err tion cannot be made.) bd i lifiAll) ....- 1r. __:_____111111.MUMNAg ame orimmeeliate Commander ‘ 41„...5. OrganCation of Immediate Commander
IN f1/141.4...,,,o
Grade
nature
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
i 13.

-The sworn charges were received at hours. 20 at
esagnation of Command or
Officer Exercising Summary Court-Martial Jurtsdlaion (See R.C.M. OW
fOR-THE I
k9(c) .
• /---1/
Commanding

Typed Name of Officer.Official Capacity of Officer Signing
1‘2).
INN —46-/ o4-$) 1 %c
.)

61-9
tgn
V. REFERRAL; SERVICE OF CHARGES
14a. DESIGNATION OF COMMANDO' a NVENING AUTHORITY b. PLACE c. DATE

Referred for trial to the court-martial convened by
. 20
, subject to the following instructions: '
By of
.. Command or Order
Typed Name of Officer. Official Capacity of Officer Signing
•.
Grade
Signature
15.
On , 20 , I (caused to be) served a copy hereof on (aush.41) the abo;te named accused.
1)fped Name of Trial Counsel .4 z_s.-t-sz .Grade or Rank of Trial Counsd
6 lie) •
Signature.
FOOTNOTES:.I — When an appropriate commander signs per:tonally. Inapplicable words arc stricken. 2 — See ltC.M. 601(e) concerning instructions. If none. so stare-
DD FORM 458, AUG 84 (EG) BACK SIDE EDITION OF OCT 69 IS OBSOLETE.
011959
DOD 13616

- • ---DEPARTMENT OF THE ARMY 11111111111110111. 4th Infantry Division (Mechanized) Ili--1
o arson, Colorado 80913

AFZC-FC 28 June 2004

MEMORANDUM FORIINIIIIIIIII.pffice of The Staff Judge Advocate; Fort Carson,
Colorado 80913
SUBJECT: A ointment of Article 32(b Investigating Officer in the case of MB and
I . You are hereb desi a ated to investigate the case of and Sergeant mot in esti e charges in conjunction with the case of U.S. v.
Additionally, you shall Investigate an' m • e a recom ndation as to any un enses, excep 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.
2.
Your investigation will be conducted IA'W Article 32(b), UCMJ, R.C.M. 405, MCM (2000 Edition) and AR 27-10. Procedural guidance is contained in DA Pam 27-17.

3.
Your investigation will be completed and forwarded to the Criminal Law Division, OSJA, Fort Carson, Colorado, not later than fifteen duty days from the date of this correspondence. You may approve reasonable defense-requested delays, not to exceed ten duty days in length, occasioned by scheduling conflicts or defense requests for witnesses, and such periods will be excluded from your allotted time. Any requested delays beyond twenty five duty days from the date of this correspondence will be immediately forwarded through the trial counsel to me for action. Within -72 hours of completion of your investigation you will deliver the original Investigating Officer's Report, DD Form 457, with enclosures, and a detailed chronology of the investigation to the Criminal Law Division, OSJA, Fort Carson. Colorado.

‘-2-„
.(-3 7CC)
4.. Your clerical and administrative support will be provided by f the Criminal' Law Division, Office of The Staff Judge Advocate. You may contact gill.. The duty uniform should be worn at this hearing to facilitate witnesses returning to regular duties.
5. You are reminded that Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This investigation is your primary duty until completed and takes precedence over all other assignments, including field duty, scheduled leave or TDY.
/PC c)
6/-3

Commandin pg/
011960
EPR
tio
'...0)%' ," '',,'' 0 . 1 ! ¦ / f'%/i •
••• ' • •,•••:.41rdV""
ATTEN110110?
AFZC-FC-A 21 JUN 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Assumption ofgommand
Zino 13-1
1.
1111111111111111111111a the duties as Battalion Commander of the
REGT, Fort Carson, Col doe five 21 .TUN 04 LAW paragraphs 2-1, 2,111211-1,1-11,111.
600-20.

2.
The P.O.C. for this memoran Battalion Adjutant, (719)11111.1. 2.,/ (Laid 2)

ommanding
Loid/..)
p 1961
CHARGE SHEET

A Z''' ) AZ —3 12 , &
, L PERSONAL DATA' L NAME OF ACCUSED Last Fir t. MO. I fiN 2. SSN.. 3. G'D'RANK 4. PAY
b 4914)
S. UNIT OR ORGANIZATION')
6. CURRENT SERVICE
a INITIAL DATE b. TERM
. ort arson, o orado 80913
7. PAY PER MONTH' , S..TUREOF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY'c. TOTAL
$1,638.20 NA $1,638.20 None
ii. CHARGES 0 SPECIFICATIONS
10. CHARGE I: Violation of the MJ, Article 107.
THE SPECIFICATION: In tha .S. Army, did at or near Tikrit, Iraq, on or about
16 January 2004, with the intent tot coin, makes CID eat a sworn official statement, to wit: that
and e - stopped, searched and-released to walk to their vehicle ' 1/ and that he personally witnessed the two in tvi uals on the • , e of the road as his convoy departed the area, which 4,1 ri i statement was totally false and was then known by to be false.
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 128
'41-1ESpECIFICATION: In that .S. Army, did at or near Samarra, Iraq, on or about 3 January 20(14, commit an assault upon y pushing him into the Tigris River at nighttime.

11 A t"-; 6 ‘-3 /
III. PREFERRAL I I a. NAME OF ACCUSER (Cay. Usli 7 b. GRADE c. ORGANIZATION OF ACCUSER'•
19 cc) jle"-/64 Oa"'
d. SIGNATURE OF ACCUSER'-44 —3%/r /....3 t. DATE

liallialliffir
i -..1°-1 %
AFFIDAVIT: Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the
above named accuser this day of , 20 , and signed the foregoing charges and specifications
under oath that he/she is a person subject to the Uniform 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. .

IINIIIIIIIIIIF Iti-2." 4/-3, d 9 CO Office of the Staff Judge Advocate
Typed Name ofOfficer. Organization ofOfficer
Of ' • - " ' ' 41.1,1—/ 6440. 9. Judge Advocate Grade. Official Capacity to Administer Oath (See R.C. M. 307(6) - must be a commissioned officer)
DD FORM 458, AUG 84 (EG) EDITION OF OCT 69 IS OBSOLETE.

C1196
DOD 13619
Il.
On .-Z. g Ali A.) 7-20 04-1), the scouted was informed of the charges against him/her and of the name(s) of
the accerredsiknown to me (See R.C.M. .108 (a)). (See R.C.M. 308 Ifnolfficrition cannot be mac) (g_4(can/7)

--:T
Typed Name of Immediate Commander Iiit ‘)---3 1'
Organization of Immediate Commander
11111, 1 A.1 404o)4f7 C9 }
Grade )• )_,.....-^"'"--

nalu„

—41111111111111—
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13.
The sworn charges were received at hours 20 at
Designation of Command or
Officer Exercising Summary Court-Martial Jurisdiction (See RCM. 403)
ruga-THS '

z/lf.\

if.)

1 -2-.
1111.1111111. 1) • Commanding
Typed Name of Officer )i ‘...3' Official Capacity of Officer Signing
.

—01111111111rilill—
V. REFERRAL; SERVICE OF CHARGES
14a. DESIGNATION OFC NVEN1NG AUTHORITY b. PLACE c. DATE

Referred for trial to the court-martial convened by
,20 , subject to the following instructions?
By)•) of
Command or Order
Typed Name ofOfficer ) Official Capacity of Officer Signing
Grade
Signature
On , 20 . I (caused to be) served a copy hereof on (each-e1) the above named accused.
Ii(— • CPT
Typed Name of Trial Counsel )j6„, g Grade or Rank of Trial Counsel
—)
.47 6 c-)
Signature FOOTNOTES: )I — When an appropriate commander signi personally. inapplicable words are stricken. 2 — See R.C.M. 601e) concerning instructions. lf none. so stale. DD FORM 458, AUG 84 (EG) BACK SIDE EDITION OF OCT 69 IS OBSOLETE.
C11963

DOD 13620

-RECEIPT/CERTIFICATE OF SERVICE-
A copy of each of the documents listed below, was served on
.
The Accused;

.
Counsel for the Accused;

An authorized re resentative of sel for the Accused; in the e of
h‘-a-.3,0g) 6 3-I I .4 01. --4°w9
Documents served consist of:
1.
DD 458, preferred 28 Jun 04 3. Article 32 Appointment memo, dtd

2.
Assumption of command orders, dtd 28 Jun 04
21 Jun 04

RECEIPT OF THE FOREGOING
fS ACKNOWLEDGED BY:
SIGN
PRINT/DATE
I certify that on , I served the aforementioned document(s) to the party(ies) indicated, in the aforementioned case.
(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RECEIPT: ))
6, Paralegal NCO
LLetr,
C11964

A
r=-6`J co RECORC'F'• CEEDINGS UNDER ARTIC71., UCMJ.PESD: 20010914 For 1,04 of thi - form, see AR 27-10; the proponent agenty is TJAG. iridgirMari ores o)everse Beore Co )letin • Form ) 3.--U. NAME SSN UNIT PAY (Basic & Sea/Foreign)

lip E
$1,638.20
I. I am considering whether you should be punished under Article 15, Uelv1.1, for the following misconduct: I' In that you did, at or near
Tikrit, Iraq, on or about 16 Janua 2004, with ceive make to a CID agent a sworn official statement, to wit: tha
were stopped, searched and released to walk to their vehicle that

111111.1111.and
SEE NTINUAT1ON SHEET
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 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 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 punishment I will impose. ' 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-martial instead. ji In deciding what you want to do you have the right to consult with legal counsel
located at TDS, Bldg. 6287, Fort Carso . You now have 48 to decide what you want to do. 4'
DATE G AND ORGANI I
/—V"/ ‘‘--.7
TIME
l A 7 CEJ)J
3. Having been afforded the opportunity to consult with nsel, my decisi are as follows: (Initial a)roprtate )(Pc)te, an)sign)
a.¦ I demand trial by court-martial. 6 3- t Ag-t Lowl.

(—
b.Mir I do not demand trial by court-martial and in the Article 15 proceedings:
(I) 1Tequest the hearing be ¦ Open f Closed. (2) A person to speak in my behalf/Is . Is not requested.
' -(3),Matters in defense,
D
4. In a(n) Open following punishment maths, susp3rbi, lel:dr:Um to . tha
6. You are advised of
mitigation, and/or extenuation: . Are not presented ). Will presented in person Are attached. NAME AND GRADE IAEMEIER r17 CG) SI NATU
' losed hearing all matters presented i defense, mitigation, and/or extenuation; having considered, the
is unposed: " RalEticn to Pratsfe First Class (E3); forfeiture of $747.00 ray par ninth fcr bap to tae tenittEd admratically kif n± *rated b?frre 6 March 2005; extra city fir 45 days; battalim arm, suspzniai, to Ice tenitba3 aulmnatioally if mt varate3 terve 6 March 2005.
: -- .'•'-'
• .'. 11 N/ A
.'''. --'
'
2."-/ 1. oc4-7.
your right to appeal to the C within 5 calendar a . An appeal made after that
— I
time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above .
D GRADE ZATION F COMMANDE
J6 .gx)
7. andiaLappropriate block date, and sign)
a. WIT° not appeal b. ¦ I appeal and do not submit additional matters Y21 c. . I a and submit additional
NAME AND GRADE OF ERVICE MEMBER‘....2... ti.... 51..„ 4 ,c, SIGNATUR

%ill.'
)
8. I have considered the appeal and it is my opinion that:
DATE I NAME AND GRADE OF JUDGE ADVOCATE I SIGNATURE
9. After consideration of all matters presented in appeal, the appeal is:
¦ Denied ¦ Granted as follows: a'
DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
I-DATE SIGNATURE OF SERVICE MEMBER
10. I have seen the action taken on my appeal.

1 I . ALLIED DOCUMENTS AND/OR COMMENTS U/121111 Continuation Sheet.
4
DA FORM 2627, AUG 84 (EG) EDITION OF NOV 82 IS OBSOLETE ORGINAL
011965
DOD 13622
it-c) ,4960

DA Form 2627-E,
Item 1, continued:
you personally witnessed the two individuals on the side of the road as your convoy departed the area, which

statement was totally false and was then known by you to be false. This is in violation of Article 107, UCMJ. In that you did, at or near Samarra, Iraq, on or about 3 January 2004, commit an assault upon 11111111111by pushing him into the Tigris River at nighttime. This is in violation of Article 128, UCMJ.
•,•••„.
"AV,r •
C 11966

NOTES
' Insert a concise statement of each offense in terms stating a specific violation and the Article of the UCMI (Part IV. MCM). If additional space is needed, use item 1 I or continuation sheets as described in note 11 below.
11 Inform the member of the maximum punishment which may be imposed under Article 15.
• Inform the member that if he or she demands trial, trial could be by SCM, SPCM, or GCM. Additionally, inform the member that he or she may object to trial by SCM and that at SPCM or GCM he or she would be entitled to be represented by qUalified military counsel, or by civilian counsel at no expense to the government. If the member is attached to or embarked in a vessel, he or she is not permitted to refuse Article 15 pinislunent. In such cases all reference to a demand for trial will be lined out and an appropriate remark will be made in item 11 indicating the official name of the vessel and that the member was attached to or unbolted in the vessel at the time punishment was imposed.
V Give the manber copy 5 of this form.
1' Offenses determined not to have been committed will be lined out. If the imposing commander decides not to impose any punishment, the member will be notified and all copies of this form destroyed.
• V Amounts of forfeitures of pay, will be rounded off to the next lower whole dollar. If a punishment is suspended, the • following statement should be added after to: To be automatically remitted if not vacated before (date). If punishment includes a written admonition or reprimand, it will be attached to this form and listed in item I I.
11 The imposing commander will initial the appropriate block. The OMPF performance fiche is routinely used by MOS/specialty career managers and DA selection boards. The OMPF restricted fiche is not giver' to MOS/specialty career managers or DA selection boards without approval of the Cdr, M1LPERCEN or selection board proponent.
1/ If the member appeals, this form and all written evidence considered by the imposing commander will be forwarded to the superior authority.

Before acting on an appeal, it must be refeired to a judge advocate for advice when the punishment, whether or not


suspended, includes reduction or one or more plc grades front the fourth or a higher pay grade, or is in excess of one of the following: 7 days arrest in quarters, 7 days correctional custody, 7 days forfeiture of pay, or 14 days of either extra duties or restriction. (See Article /Se(l) to (7). UCALl.)

V The superior authority will initial the appropriate block. If the appeal is granted, the specific relief granted will be
stated according to note 12.
Iv In this space indicate the number of pages attached as follows: Allied documents on appeal consist of pages. Allied documents include all written matters considered by the imposing commander submitted by the member on appeal and the commander's rebuttal, if applicable. If additional space is needed for completion of any item(s), use plain bond headed "Continuation Sheet 1", etc.
ll' Applicable portions of the following format may be used to record action taken on appeal. Appropriate language should be entered in item I I or, if necessary, on a continuation sheet. Supplementary actions (para 1-38, AR 27-10) will be recorded on DA Form 2627-2.
Suspension, Mitigation, Remission, or Setting Aside
(DATE) On (date), the punishment(s) of imposed on
(date of punishment) (was) (were) (suspended and will be automatically remitted if not vacated before (date))
(mitigated to) (set aside, and all rights, Privileges, and property affected restored) (by my order) (by order of) (the
officer who imposed the punishment) (the successor in command to the imposing commander) (as superior authority).

(Typed name, grade, and organization ofcommander) ) Is(
° Racial/ethnic identifiers will be placed in Item 11 (Chapter 15. AR 27-10).
Reverse of DA Form 2627. Aug 84

C 11967

DOD 13624

Field Gr le Article 15 Punishment M :ksheet
Pertaining To:1111111.11111111.11' I 9 Unit: ' s-1) 4) luk. l)
-
Maximum Punishment Authorized
Reduction:
Pay Grades E4 and below: Reduction to the lowest enlisted grade. Pay Grades E5 & E6

Reduction by one grade.
Forfeiture: % a months pay for 2 months (If reduction is imposed, forfeiture is based on the reduced pay grade, even if suspended). $819.00 as E4 $747.00 as E3 $668.00 as E2 $596.00 as El Extra Duty: 45 days maximum Restricilift 60 days maximum (Note: When giVen with extra duty, restriction will not exceed 45
days.)
Note: Punishments can be suspended form) to 180 days; all appeals must be returned to the
article 15 section prior to going to the appellate authority. Most Restrictive Possible Restriction is:
Place of Duty, Place of Worship, Dinning and Medical Facilities, Quarters.

Lat.0"2-
RETURN TO 111111111iLEGAL CELL: BLDG 6285 (211° Floor), RM 224a, FOR PUNISHMENT TO BE TYPED IN
Reduction to the Grade Of: pit Suspended for (Number Days) Forfeiture of $ ru , Suspended for (Number Days)t
i±D_Lal Extra duty for: 4G days, suspended for ( Number Days) Restriction for 15'days, to the limits of (Circle One) Fort Carso Company Area, Most Restrictive, Other: suspended For (Number of Days) 1i0
Imposing Commander's Si nature:sa-i Owl
Direct any question?)'at DSN: _ hfrG.12,
i(2"'
011968

Z, —3
DATE, TIME

FAX NO./NAME

DURATION

PAGE(S)

RESULT

MODE

1
TRANSMISSION VERIFICATION REPORT

=lig:28

mr7n1Tmr

04

OK

STANDARD

ECM

TIME : 09/09/2004 14:22

LOW/L.

C11969

DEPARTMENT OF THE ARMY OFFICE OF THE STAFF JUDGE ADVOCATE FORT CARSON, CO
FAX NU'-COMPANY:.111PSB — 41,1-1 0-1 Le/7-DATE: 9 SEPTEMBER 2004 TOTAL NO. OF PAGES INCLUDING ecivtR • 4 FACSIMILE TRANSMITTAL SHEET mss.¦ TO: ) FRO.3 ,: ,6g-/ Z4-1 tau 1— 1110111 L17' tary Justice Cell PHONE NUMBER:'• RE: .11111110'I)1 SENDER'S FAX NUMBER:' • SENDER'S PHONE MBER: SN 691-rxxx) . tin., 3
1 0 URGENT . FOR REVIEW 0 PLEASE COMMENT . PLEASE REPLY . PLEASE RECYCLE
; NOTES/COMMENTS:

OFFICE OF E STAFF OGE ADVOCATE ATTN: MJ CELL) 7086 ALBAN • E LOOP FORT CARSON, CO 80913
C11970

DOD 13627

Field Grad, Article 15 Punishment Wor.,sheet
Pertaining To: h 9a)
Unit: 1 /, 1 ikI tbc..--/
Maximum Punishment Authorized
Reduction:
Pay Grades E4 and below: Reduction to the lowest enlisted grade. Pay Grades E5 & E6
Reduction by one grade.

Forfeiture: 1/2 a months pay for 2 months (If reduction is imposed, forfeiture is based on the
reduced pay grade, even if suspended).

$819.00 as E4 $747.00 as E3 $668.00 as E2 $596.00 as El
Extra Duty: 45 days maximum

; •
Restriction: 60 days maximum (Note: When given with extra duty, restriction will not exceed 45
days.)

Note: Punishments can be suspended f8r up to 180 days; all appeals must be returned to the
article 15 section prior to going to the appellate authority. Most Restrictive Possible Restriction is:
Place of Duty, Place of Worship, Dinning and Medical Facilities, Quarters.

-_3, ?cc)
RETURN TOINIMInninFLEGAL CELL: BLDG 6285 (2" Floor), RM 224a, FOR PUNISHMENT TO BE TYPED IN
Reduction to the Grade Of: Suspended for (Number Days)
Forfeiture of $ , Suspended for (Number Days)
Extra duty for: days, suspended for ( Number Days)
Restriction for days, to the limits of (Circle One) Fort Carson, Battalion Area,
Company Area, Most Restrictive, Other: , suspended
For (Number of Days)

Imposing Commander's Signature: e9 ce j
Direct any questions to then"... at DSN:
.40,a1..
4 ?cc) r 1 1.97i
PARTMENT OF THE ARMY 4th Infantry Division (Mechanized)
o. n, Colorado 80913
4634
AFZC-FC 7 June 2004
be-2-) 173) 70)
ENICRANDUNI FORMIIIIIMIN Office of The Staff Judge Advocate, Fort Carson, Colorado 30913
9 Lo
SUBJECT: A poincment of Article32(b) investigatin Officer in the cases of and U.S.
6'9 co
You arehertbv signated to investigate the attached arges i
adouarters and Head• uarters ompany, earn. and
•g
eaciquarters and Headquarters Company.!'' i kift,a Z
i recommendation as any uncharged offenses, except minor offenses as defined by Part V. Manual for COurt.sT.Martial. brought ;o your attention during the investigation unless counsel for both sides agree that they shouid not be investigated.
1. .airt. under Article U J. A•ditionally, you shall investigate and make a
2.. Your investigation will be conducted LAW Article R.C.M. 405. NICN1 (,"1,6d0 Edition) and AR :7-10. Procedural guidance is contained in DA Pam 27-17.
3. Your inv-estivation wiil be completed and forwarded to the Criminal Law Division_ OSJ.A. Fort Carson._ Colorado, not later than fourteen duty days from the date of this correspondence_ You may approve reasonable defense -requested delays, not to exceed ten duty days in length, occasioned by scheduling conflicts or defense requests for witnesses, and such periods will be excluded from your allotted time. Any requested delays beyond twenty-four duty days from the date of this correspondence will be immediately forwarded through the trial counsel to me for action. Within 72 hours of completion of your investigation you will deliver the original Investigating Officer's Report, DD Form 457. with enclosures, and a detailed chronology of the investigation to the Criminal Law Division. OSIA. Fort Carson_ Colorado.
1. Your clerical and administrative support will be provided by of the Criminal Law Division, Office of The Staff Judge Advocate. You may contact t 521 The duty uniform should be worn at this -taring to facilitate witnesses returning to r gu ar duties_ "`—

ig-/4q.„ 2_
5. You are reminded ;hat Article 93. UCNIJ, prohibits any unnecessary delay in the processing o1 court-martial charges. This investigation is your primary duty until completed and takes precedence over all other assignments. including dur•, scheduled leave or TDY.

0, I 1 1:t7g\

DOD 13629

AFZC-JA-AL 21 June 2004
-9-
MEMORANDUM FOR 4 Infantry Division ec ized arSOn, 0 cita o 464. 2
SUBJECT: Article32(b) Investigation
1. On 30 June 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson, Colorado, I will conduct an investigation pursuant to Article 32(b), UC t investi t e facts and circumstances concerning the charges preferred against you by The I/.. 3 charges are Conspiracy in violation of Article 81, False Official Statement in vio a ton o Article 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, and Obstructing Justice in violation of Article 134. l‘-lji 19ees
. 2. You have the right to be present during the entire investigation. Additionally, you have the
right to be represented at all times during the investigation by legally qualified counsel. Counsel
may bt-akivilian lawyer of your choice, provided at no expense to the United States; a qualified
military lawyer of your selection, if reasonably available; or a qualified military counsel detailed

"''', • ,.by the Trial Defense Service. There is no cost to you for military counsel. You also have thetight to waive representation by counsel.
3. The names of witnesses known to me who will be asked to testify at the hearing are:
a.
SA

b.
SA J‘ --/

c.
SA

d.
Mr

e.
SG

/9 co
f.
SPC

g.
SPC

h. CPT iP111 tr2(0 /1/"1-
4. Additionally, it is my intention to examine and consider the following documents and
evidence:
a. Charge sheet, 8 June 2004.

yz--V, 60
b. CID Report, 0011-04-C1D469-79630, dated 3 February 2004.
cgle—
c.
Sworn statement of Mr. c116 January 2004.

d.
Your sworn statements, aced 16, 17 and 22 January 2004.

e.
Sworn statements of dated 16, 17, and 27 January 2004.

f.
Sworn statements of dated 16 and 23 (two) January 2004.

g.
Sworn statements of ated 16, 21, and 22 January 2004.

h.
Sworn statements of ated 16, 22 (two), and 24 Jan_ u

i.
Memorandum for Record, dated 11 January 2003 [2004], by

011973

5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Defense counsel, by 1600 on 25 June 2004. Please also furnish this witness information to CPT , Trial
Counsel, Military Justice Division, Office of the Staff Judge Advocate, Fort Carson Colorado 80913.
191-6)
413
Investigating Officer
2 —t kbwid
2
011974
AFZX-JA-AL
SUBJECT: Article 32(b) Investigation

I hereby acknowledge receipt of a copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 30 June 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
010
x—paz-1,

C 11975
3
DEPAR. MENT OF THE ARMY 3x-°''w
8 July 2004
MEMORANDUM FOR Article 32(b) Investigating Officer, Office of the Staff Judge Advocate,
/ 4-014
Subject: Article 32(b) Investi ation in the case of United S
nited tates v. .

1. The delay of the Article 32(b) investigation in the cases mentioned above until 28 July 2004 is approved.
Li-3).4 9 (0 .2,, The point of contact for this memo is SG11111at 52641111110 ,Z a--f idk/ .
1 `/Cc)

1110111P U-3
C11976
DEM T ENT (OMR RMY 3--(
1 July 2004
MEMORANDUM FOR Commander, 4th Infantry Division (Mechanized), Fort Carson, Colorado, 80913 -S i le 2 b 1 estigation in the case of .and 1111111111
I. The dela of the Article 3 vesti tion on the charges against 1.1.111111111111011111111 and U.S.
v. until 22 July 2004 is approved.
2. The Point of Contact for this memo is.1111.526-10
i?
g7M/
/1(-2
.

11-2-6G 3
ark
410 / Law Z
r
C I I 9
DOD 13634
AFZC-JA-AL 21 June 2004
J ,"
IsimAtIM
/V1
Infantry tiiiision (Mee anizecl), Fort on, Co ora o
SUBJECT: Article 32(b) Investigation 1A—i Awl.
1. On 30 June 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson,Colorado, I will conduct an investigation pursuant to Article 32(b), UCMJ, to investigate thefacts and circumstances concerning the charges preferred against you by CPT he charges are Conspiracy in violation of Article 81, False Official Statement in wo anon oArticle 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, andObstructing Justice in violation of Article 134: The additional charge is Assault in violation of 6 7 LG)
Article 128.
2. You have the right to be present during the entire investigation. Additionally, you have theright to be represented at all times during the investigation by legally qualified counsel. Counselmay be a civilian lawyer of your choice, provided at no expense to the United States; a qualified
-military lawyer of your selection, if reasonably available; or a qualified military counsel detailedby the Trial Defense Service. There is no cost to you for military counsel. You also have theright to waive representation by counsel.
10.The names of witnesses known to the who will be asked to testify at the hearing are:
_ SA
b.
SA

c.
SA
. Mr.
SG

. SPC
SPC

-"8-40`4
.1/-14.1‘dchttonally, it is my intention to examine and consider the following documents and
evidence:

a.
Charge Sheet, dated 8 June 2004.

b.
Additional Charge Sheet, dated 15 June 2004.

c.
CID Report, 0011-04-C1146 -79630 dated 3 February 2004.

. Sworn statement of Mr. dated 16 January 2004. Sworn statements of IL ated 16, 17, and 22 January2004. YOur sworn statements, dated 46, 17, an 27 January 2004.
g.
Sworn statements of SOT dated 16 and 23 (two) January 2004.

h.
worn statements of SPC ated 16, 21, and 22 January 2004. Sworn statements of SPC ated 16, 22 (twol, and 24 January 2004. Memorandum for Record, dated 11 January 003 [2004], by

C11978

5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Defense Counsel, by / 1600 on 25 June 2004. Please also furnish this witness information to CPT 1,3 Counsel, Military Justice DivisiOn, Office of the StaffJudge Advocate, Fort Carson, Colorado 80913. 17 co I f1 60
1--2-
,
1 4.0,01
3-2.­
2 C 11979
AFZX-JA-AL SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of a copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 30 June 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
6 9 Cc)

' C119SO
3
I TRANSMISSION VERIFICATION REPORT

.

TIME : 01/28/2004 01:29
DATE;TIME
ariiiikaaillell6111¦
FAX NO./NAME 8/
0.4 ise(1^1/1-
DURATION -7M71.17 .1".6
PAGE(S) 86 RESULT OK MODE STANDARD
ECM
if
C11981
AFZC-JA-AL 1 July 2004

h3-1
), Liu/
ME ORANDUM 00-1' 7c 7)
I.)
4 Infantry Mechanized), Fort Carson, Colora 13
SUBJECT: Article 32(b) Investigation
1. On 22 July 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson, Colorado, I will conduct an investigation pursuant to Article 32(b), UCMJ, to facts and circumstances concerning the charges preferred against you by CPT ii 710
i
The charges are False Official Statement in violation of Article 107 ana Manslaughter in

nnof Article 119.
2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel. Counsel may be a civilian lawyer of your choice, provided at no expense to the United States; a qualifiedmilitary lawyer of your selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have the -right to waive representation by counsel.

3.
The names of witnesses known to me who will be asked to testify at the hearing are:

SA.
ral SA:
L b. c. SA'
Mr.
SSC 767Ccs
CPT ,
4. Additionally, it is my intention to examine and consider the following documents and 7c4) evidence:
Charge sheet, 2. 8 June 2004.
CID Report, 0011-04-CID4 9-79630, dated 3 February 2004.
Sworn statement of Mr.' ated 16 January 2004. •
Sworn statements of ated 1 , 17, and 22 January 2004.
Sworn statements of ated 16, 17, and 27 January 200471
Your sworn statements, dated 16 an 23 (two) January 2004.
Sworn statements o dated 16, 21, and 22 January 2004.
Sw statements o ated 16, 22 (two), and 24 January 2004.g /ZS-.
Memorandum for Record, dated 11 January 003 [2004], by
/-2, 614 4 .2 co
5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Defense Counsel, by
011982

•z., t.-3, h 119

0900 on 19 July 2004. Please also furnish this witness information to CPT 1.11111110Trial Counsel, Military Justice Division, Office of the Staff Judge Advocate, Fort Carson, Colorado 80913.
2 ' C11983
DOD 13640
AFZX-JA-AL SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of a copy of the memorandum notifying me of the Article 32(b) Investigation. 1 further understand that the hearing will be conducted on 22 July 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
9Z

011984
3
„Lo t.
tyl
DEPARTMENT OF THE ARMY h Infantry Division (Mechanized)
-I 1 .
.
o a n, Colorado 80913
AFZC-FC I July 2004
.14
MEMORANDUM FOR Commander4th Infantry Division (Mechanized),
• Fort Carson, Colorado, 80913 .
919
SUBJECT: Article 32(b) Investi i n in the case of IJAA111.1111111111111and U.S. v.
I. The del of the Article 32 Investigation on the charges against U.S. v .
and U.S. v ntil 22 July 2004 is approved.

2. The Point of Contact for this memo is SGT4111111,at 5.11D.
LimA
C 11985

AFZC-JA-AL 1 July 2004 2, 1 04 b) 7701
4 Infantry Division ec arnzed), Fort Carson, o ora 13
SUBJECT: Article 32(b) Investigation
1. On 22 July 2004, at 0900, in the courtroom, First Floor, Building 6237, Fort Carson,
9(9
Colorado, I will conduct an investigation pursuant to Article 32(b) UCMJ, to acts and circumstances concerning the charges preferred against you by CPT 11-3 The charges are False Official Statement in violation of Article 107 an Manslaughter in tion of Article 119_
2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel, Counsel may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified military lawyer of your selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have the right to waive representation by counsel.

3.
The names of witnesses known to me who will be asked to testify at the hearing are:

I‘-*/ 1"—P. Lt
L. SA ;,(-407!:9--3-d. Mr. e_21ii.t.4--SP
7C.Cd
4. Additionally, it is my intention to examine and consider the following documents and evidence:
a. Charge sheet, 28 June 2004.
b: CID Report, 0011 -04-C 4.69 -7909,dated.3 February 2004.
M/ 6' Sworn statement of M dated 16 January 2004. Sworn of ated 16, 17, and 22 January 2004.
rn 1(—r, lie)a-E d. Swdrn statements o ated 16, 17, and 27 January 2004.
1. Your sworn statements, dated 16 and ..... two) January 2004. Sworn statements of ated 16, 21, and 22 January 2004.
I Sworn statements of dated 16, 22 (two), and 24 January 2004. Memorandum for Record, dated 11 January 2003 [2004], by CPT
)
e-V) 6769
5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Defense Cotinsel, by
C11986

11,,-,i69

Trial
Please also furnish this witness information to CPT
0900 on 19 July 2004.
rson, Colorado
Counsel, Military Justice Division, Office of the Staff Judge Advocate, Fort 80943.
/ 91) U.73) 96
Investigating Officer
C11987

AFZX-JA-AL SUBJECT: Article 32(b) Investigation •
I. hereby acknowledge receipt of a copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 22 July 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
- • -
011988

DOD 13645

AFZC-JA-AL 1 July 2004
MEMORANDUM FO 4 Infantry Division echanized , 0 arson, 13
SUBJECT: Article 32(b) Investigation
1. On 22 July 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson, Colorado, I will conduct an investigation pursuant to Article 32(b), UCMJ, to • facts and circumstances concerning the charges preferred against you by CP
he charges are False Official Statement in violation of Article 107 and Assault in
.6Z-3
Lliii anon ' of Article 128.
2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel. Counsel may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified military lawyer of your selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have the `right to waive representation by counsel.

3.
The names of witnesses known to me who will be asked to testify at the hearing are:

g— z/ b. SAS
dez-2 SA y.ii„,f7tej----xl. Mr:
I. e.
CPT.
/-244/-1/4 (c)

. Additional y, it is my intention to examine and consider the following documents and evidence:
Charge sheet, 28 June 2004.
CID Report, 0011-04-CID469-79630, dated 3 February 2004.
Sworn statement of dated 16 January 2004.
Sworn statements o 16, 17, and 22 January 2004.
Sworn statements o ated 16, 17, and 27 January 2004.
Sworn statements o ated 16 and 23 (two) January 2004.
Sworn statements o ated 16, 21, and 22 January 2004.

ur sworn statements, dated 16, 22 (two), and 24 January 2004.
i. Memorandum for Record, dated 11 January 2003 [2004], by CPT 111111111111111 ,4-2..) 11-ii) kite)
5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expe,cted testimony of such witnesses to me, through your detailed Trial Defense Counsel, by
011989

it
0900 on 19 July 2004. Please also furnish this witness infOrmation to
Trial
Counsel, Military Justice Division, Office of the Staff Judge Advocate, Fort Caron, Colorado

80913. 1,37 ri CC)
Investigating Officer
„s.
P 119 9 0
2
AFZX-JA-AL SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of a copy Of the memorandum notifying.me of the Article 32(b) Investigation. I further understand that the hearing will be condUCted on 22 July 2004., at 0900,located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado. •
IMO '4)
44 9(C)
011991
3
01'E95 20:43 7195261469 F7 CARM,1 0-c0,1. PAGE 02
DEPARTMENT OF THE ARMY
Office of The Staff Judge Advocate, 7trs'Infantry Division
Fort Carson, Colorado 80913-4303

June 2004
AFZC-JA-CL
MEMORANDUM FOR Coriunander, USAEREC, ATTN: PCRE-RP, Indianapolis, Indiana 46249-5301
SUBJECT: Request for the OMPF Microfiche of Soldier Pending Court-Martial
1. This office is preparing court-martial charges against the soldier(s) stated below, and hereby requests a copy of the Official Military Personnel File (OMPF), to include the restrictive fiche. Also, please include certified copy(ies) of any Article 15's or Letter(s) of Reprimand for each soldier named, to ensure that their packets are complete:
NO HOE
11111110
i6 Z---5 .
2. Please use the following milling address:
z, ri-6)
-antry Div's ' and Fort Carson , OSJA. 7th 1
..
lfril"
Fort Carson, Colorado 8091 03
3. POC is the undersigned at i DSN 69
age J ---)11'1/1
C 11992

DEPARTMENT-OF THE ARMY
Office of The Staff Judge Advocate, 7th Infantry Division
Fort Carson, Colorado 110913-4303

AFZC-JA-CL 7 June 2004
MEMORANDUM FOR Commander, Human Resources Command, Alexandria, Virginia 22331 ATTN: ARI-IRC-MS
SUBJECT: Request for the OMPF Microfiche of Soldier Pending Court-Martial
1. This office is preparing court-martial charges against the soldier(s) stated below, and hereby requests a copy of the Official Military Personnel File (OMPF), to include the restrictive fiche. Also, please include certified copy(ies) of any Article 15's or Letter(s) of Reprimand for each soldier named, to ensure that their packets are complete:
Ahoy
aim

2. Please use the following mailing address: OSJA, 7th Infantry Division and Fort Carson
1 "-/ Loz? -1_.
Fort Carson, Colorado 8 OTT 10
3.
We are asking that our request be rushed due to a possible early court date.

4.
POC is the undersigned at (71 9)1111.DSN 69

C11993
DEPARTMENT OF THE ARMY
Office of The StaffJudge Advocate, 7th Infantry Division
Fort Carson, Colorado 80913-4303

AFZC-JA-CL 7 June 2004
FACSIMILE COVER SHEET
TO; FROM: . . •
cv411.11111111111 A 0)
ORGANIZATION: DATE:
USAEREC, ATTN: PCRE-RP 7 June 2004

RECIPIENT'S FAX NUMBER: NO. OF PAGES INCLUDING COVER SHEET:
(703)
325-11111 / DSN 221-9.1 2
or

(703)
325041/ DSN 221101

RECIPIENT'S PHONE NUMBE SENDER'S FAX.N_UMBER:
-
(103) 325DSN 221 (719) 52 DSN 691
REFERENCE: SENDER'S PH :R: Request for OMPF Microfiche of Soldier (719) 526: Pending Court-Martial DSN 691
. uactINT . FOR REVIEW . PLEASE COMMENT . PLEASE REPLY'. PLEASE RECYCLE
NOTES/COMMENTS:
PLEASE RUSH COURT-MARTIAL DATE MAY BE SOON
C11994

-RECEIPT/CERTIFICATE OF SERVICE-
A copy of each of the documents listed below, was served on . The Accused; . 9stinsel for-the Accused; An authorized re Q remnative-o .counsel for the Accused; in the case of US v
Documents served consist of: 1. CID Report I 19L/L(L V 1°#1 t' 10-1) OA 44‘'111 2. 5-6 Report
":N • RECEIPT OF THE FOREGOING IS ACKNOWLEDGED BY: toompir • •'1.••' • CD -5J 0( PRINT/DATE G CI." b 1-3 • • 5• •• • 4 '1(6) L
I certify that on 6 sot ot. ,I served the aforementioned docutnent(s) to the party(ies) indicated, in the aforeMentioned case. (INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RE IPT• . )
SA Paralegal Specialist

C11995

-RECEIPT/CERTIFICATE OF SERVICE-
A copy of each of the documents, listed below, was served on
.
The Accused;

.
Counsel for the Accused;

.
1:2An authorized re esotAtive of_clotutsel for the
in the case of US v
Documents served consist of: 16 3-1 ) 422,-11.1w 1 CID Report 2. 15-6 Report
RECEIPT OF THE FOREGOING IS ACKNOWLEDGED BY:
Fo So, a PRINT/DATE
I certify that on b 1..)1 OL( , I served the aforementioned document to the party(ies) indicated, in the aforementioned case.
(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING R i EIPT: ) /
6
Paralegal Specialist
011996

-RECEIPT/CERTIFICATE OF SERVICE-
A copy of each of the documents listed below, was served on
The Accused;
Counsel for the Accused; a An authorized r . ,resentative of ,c wise for the Accused; in the case of US v
Documents served consist of I-hp.9.,/
1. Notification of Article 32
Continuance. -

4q
RECEIPT OF THE FOREGOING IS ACKNOWLEDGED BY:
SI
PRINI7DATE I certify that on . Z '&11, 4 (51 r, I served the aforementioned document(s) to the indicated, in the aforementioned case. (INITIAL IF RECIPIENT REFUSED TQ SIGN ACKNOWLEDGING RECE artY(ies) — 1-2 c()
gal L „,„

C11997

-RECEIPT/CERTIFICATE OF SERVICE-
5
A copy of each of the documents listed below, was served on
0 The Accused;
4 Counsel for the Accused;
. An authorized re resentative of counsel for the Accused;

in the case of

• •"*".
Documents served consist of:
'Id
I. Notification of Article 32
Continuance.

RECEIPT OF THE FOREGOING
ISACKNOWLEDGED BY:

' l'A 's•-• •
I certify that on .2- 7._.) ofrief ,I served the aforementioned document(s) to the party(ies) indicated, in the aforementioned case.
(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RECEIPT: )
egal
0 11 990

-RECEIPT/CERTIFICATE OF SERVICE-
A copy of each of the documents listed below, was served on
0 The Accused;
0 Counsel fOr the Accused;
dAn authorized representative of cpUnsel for the Accused; in case of United S •to v, Unit d tates d
A3-I)
Documents served consist of:
1. Article 32 Approval Postponement Memo.
RECEIPT OF THE FOREGOING IS ACKNOWLEDGED BY:
I certify that 11, ut apt I served the aforementioned document(s) to the party(ies) indicated, in t aforementioned case. ,
(INITIAL IF R LENT REFUSED TO SIGN ACI QWLEDGING RECEIPT: )
Paralegal Specialist
C11999

fort Carson!QSJA
Z4)-- 49 cc)-62.--Iim)l-
From:
Sent: is-3 a17-1

To:
Subject: est U;-/ 4415

t-c; i7(4)
e need to get oit5h this... bring it on overOk_..1.11 approve this one: but no more... w n .v
., 1 1 )171 CC
--Original !Nesse 4 ­
/-04,1• 1 /ILL
From: Fort Carson/OSJA
Sent:
To: .4(-3Cc: Fort Carson/0 T-4ID
11111.1111/CPT-410 1.1111111111111r
OSJA Subject Article 32 Delay Request 17 co
T an Article 3 currently • - i id .. - , into the following cases: US v. US v. ALL US v. and US v. 1 hay•een ask,- , by the appointe eves 'gating
• icer, and a Defe • • - - , equest by rial Defense attorney until 22 JUL
11-9-
—for your det rum , - 1 . hed the Defense request and i e -1 . -cerpt from an email
corresponde 'al Defense attorney agreeing t. e proposed Defense delay . clate of 22 JUL.

C6
At this time; e'v $- '.. - ' .. • 9 . to * rant such a delay nd the request must be forwarded to you as -the SPCMC
1 —
Due to the compleAty of the case and the itature of the charges such a delay is not unreasonable and would be in the interest of justice to allow Defense adequate time to prepare.
Sir, I have included below a chronology of the Article 32 Investigation to date: ZI— it( 3) i7 °
7 JUN:.appointed as Article 32 Investiga 0 f
10 JUN:10111, fix Z--z)_

tete' ed Appointment Memora
15 JUN: 10 received Additional Charge for
16 JUN:10 notified accused soldiers of hea ng
22 JUN: 10 approved Defense request for delay until 30 JUN.
22 JUN:.10 approved a Defense. request for delay un UL.
29 JUN:.10 received Appointment Memorandum for
30 JUN:.10 receivecla Defense delay request until 2

I have prepared a Approve/Deny Memorandum that I will deliver this morning.
it '7 60
NM: «Fileim (Art 32 additional delay).doc

Please find attached a Defense Reques for Witnesses and Evidence in the above referenced matter. twill deliver
the signed original of this document at hearing. Further, as mentioned by CPT in his correspondence to
you below, the Defense in US v. has no objection to delaying this mat until 22 July. This delay is
necessary to secure the presence of the newly requested witnesses and to allow fo my travel to Fort Carson for
what now looks to be at least a two-day investigation. I currently have an Article 32 n another homicide case

scheduled for 13/14 July at Fort Sill and a contested trial scheduled for 19 July at or Sill. Thank you.
7 c3
3
)
Trial DefenSe Counsel
v/r,
C12000
1
DOD 13657

Page I of 1
Fro PT--41D
• Sen : Thursday, July 01, 2004 10:17 AM
To: PT Fori Carsorallig

. -
Cc: 'CPT-4ID IIIIIII

h 2- /1-0,2' ek-K) 7d
Subject: u.s
1111111
imimis
Just wondering about the status of SPC our star grant of immunity witness). I understand he
might be on terminal leave. Need to know if MMI% status on where he is so we can make sure he's at
the 32 (whenever that might be). Thanks!
David
C12001
7/8/2004
DOD 13658
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
FORT CARSON FIELD OFFICE
FORT CARSON. COLORADO 80913

REPLY.TO .
ATTENTION OF

AFZC-JA-TDS 1 July 2004
MEMORANDUM FOR Article 32(b) Investigating Officer 9(c)
Subject: Request for Delay of Article 32 Investigation- United States v.
1.
On behalf of the Accused, the Defense respectfully requests a delay in the Article 32 investigation until Wednesday, 28 July 2004.

2.
The Article 32(b) Investigating Offic,er has ex ressed a desire to held a 'oint investi a ation Which will involve, at a minimum, , and possibly, and as well. The invekiga on into the matters involving and

set for 22 July 2004. The undersigned will be on leave 1- 6 uly 2004, an reque s a delay until 28 July 2004 to be available for the investigation.
3.
An additional rationale for the delay request is to allow counsel sufficient time to prepare for the hearing and continue pretrial negotiations with the government, especially given the nature and gravity of the case at hand, as well as the companion cases. An unprepared counsel at an Article 32 haring is tantamount to no hearing at all, and to that extent, it denies the accused his right to effective assistance of counsel. United States v. Mir6, 22 M.J. 509 (A.F.C.M.R. 1986). Without the requested delay in the Article 32, the Accused will not receive the fill and fair hearing provided for in RCM 405.

4.
The Defense will be credited for the delay.

5.
POC is the undersigned at 719-526-01 "1/111111111111111M

r' • a)ed
Defense Couns
012002

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
FORT CARSON FIELD OFVICE
FORT CARSON, COLORADO 80913

REPLY TO
ATTENTION OF:

AFZC-JA-TDS 30 June 2004
MEMORANDUM FOR. Article 32(b) Investigating Officer
Subject: Request for additional delay in the Article 32 Investigation, United States v.
I: The Defens uests an additional delay in the Article 32 hearing for linited..States v. Np 70( until 22 July 2004, based on my conversations with CPT detailed
e ense counsel fora co-accused in this case_ I have requested several witnesses for the Art 32,
including'11111111111 ,andlMil who are on leave until on or about 14 'July 2004,
and the other Writhes*: 'at weie•pieViongly called are unavailable for interview because of

• block leave. - I will need sufficient time to interview these witnesses prior to the Art 32 to prepare an adequate defense and cross-examinatio as well as to continue pre-trial negotiations with the dilVemment. I understand that will not object to this delay request. I also feel that it is unnecessary to recall personnel fi -OM much-deserved leave to unnecessarily expedite this hearing, given the serious nature of the allegations and the logistical requiremeilts of coordinating a single hearing • for multiple accused and counsel from different posts. An unprepared counsel at an Article 32 hearing is tantamount to no hearing at all, and to that extent, it denies the accused his right to effective assistance of counsel. United States v. Miro, 22 M.J. 509 (A.F.C.M.R. 1986).
2. This delay is wholly attributable to the Defense.
Dri incl Si:ed
Defense Counsel
,2-/ :464,2
012003
'
,11
1 t(")
RE: Art 32 delay 11111111111.1 Pagel of 3
PT Fort Carson/OSJA
From: imamPT Fort Carso
Sent: Wednesday, June 30, 20044:56 PM
To CPT: CPT Fort Carson
Cc: arson
PT o

Subject: RE: US v.
TRIAL COUNSEL - Please produce any available evidence requested by CP inn; and arrange for the presence of the three witnesses requested by him, or indicate your objections to such production. Also include the below correspondence from CPT with CPT Delay Request to COL
CPTSIM
----Original Me'—
From'
Sent: ed' ,'2:20 M

, Fort.
cc: T• rsort
CPT Fort Cars()

:US v.
U-
CPT... ) Please find attached a Defense Request for Witnesses and Evidence in the above references atter. i will deliver the signed original of this document at the hearin F aer, as mentioned by CP in his . correspondence to you below, the Defense in US v. has no objection to delaying is matter until 22 July. This delay is necessary to secure the .r e e e newly requested witnesses and to allow for my travel to Fort Carson for what now looks to be least a two-day investigation. I currently have an Article 32 in another homicide case scheduled fo 13/14 July at Fort Sill and a contested trial scheduled for 19 July at Fort Sill. Thank you.
ile al ik..5-i in)
CPT
Trial Defense Counsel
U.S. Army. Trial Defense Service
Region HI, Fort Sill Field Office
Building 462, Taylor Hall
Fort Sill, OK 73503

(580) 4424,1— .12.— t' Low
From: CPT Fort Carson
Sent: Wed une 30, 2009 1:5
To: • PT Fort
Cc:
O A Fort Carso

7/1/2004 '
012004
DOD 13661

k .7(9
RE: Art 32 delay - NNW—) Page 3. of 3
DEFENSE COUNSEL - Please acknowledge whether you are available on 7 & 8 July or during the week of 12 July.
-TR - Please ensure that any witness coordination of. and 's discontinued. I will not call these soldiers as wiUiesses now that t We're d'ed. But each soldier will have a right to make a statement in any form during the joint Article 32 IAW RCM 405(0(12).
CPT
11111/
b 1
M 719424 FAX 719-526k DSN 491
S.
A
C12005
7/1/2004
DOD 13662

RE: Art 32 delay 1-4-/'/ 7 co Page 1 of 2
7(e) WNWCPT Fort Carson/OSJA
1-1) IU)
From: 411111111110CPT Fort Carsonalinil
Sent: Wednesday, June 30, 2004 12:58 PM
To:
Cc:

Subject: Art 32
iller-2,,it-s; Iv)
1-7, //c0

Impo2ance: High
0

41111...I have attached Defense objections/discovery requests for the Art 32, as well as a request for an additional
lay until 22 July. Signed originals will be provided al the hearing.
IN%
Origgai.essa ni.
e----
PT--41D Sent;-_141-ritvi un 30, 2004 12: ,M To: CPT Fort Carson T--4ID Fort
CPT-Fort Carson CPT Fort C.:41.SO Fort *tilt rt Ca Subject: R
61--f; Cc)
ALCON, am respo ding from CPT email account.
I was detailed as Assistant Trial Counsel with of a few days ago. Please include me on your correspondence, thanks.
----Original Messa e---From:.CPT Fort CarsonMaI I raiffia NM Ia. Sent: Wed.a lune 30, 2004 12:40 PM To:' CPT-4ID CPT Fort Carso Cc: rfort.Carto
PC Fort • rson/ SGT Fort
u : Joint Article 32 -
ALCON,
randum yesterd. y o investigate charges against
I also ree sheefs for both of
ese soldiers. I un representing nd

C12006
7/1 /2004
%j-2-) t(-3, 9CcJ
DOD 13663

Chronology
Article 32 Investigation

United States v... United States v.. United States V ..":
United States v.
7 June 2004 -Appointed Article 32 Officer_
10 June 2004 - Receiv d nand

aitsintment Memorandum for ; also received the Article 32 Packet. 15 June 2004 - Received additional charge against 111111111111111completed read of
Article 32 Packet and set the investigation date, 23 June 2004. 16 June 2004 - Notified Accused Soldiers of 23 June 2004 investigation date. 17 June 2004 - Received my Appointment. Memorandum to investigate an additional
charge against 11111=111)
Z 1 6 ‹
-
Received a defense request for delay until 30 June 2004.
22 June 2004 - Approved a defense request for delay (both 11111111111and until 30 June 2004. Renotified Accused Solders of investigation date. Later in day, received a defense request for dejayirntii , . July 2004.
23 June 2004 - Approved a defense request for delay (both until 8 July 2004, no objection by government counsel. Remit:riled Accused Soldier of this investigation date.
29 June 2004 - Received in A ointMent Memorandum for" , also received soldi $e sheet. 30 June 20 eceived discovery requests from CPT to Trial C unsel., Received a delay request until jj .2004 from PT orwarded thru Trial Counsel to COL' or action.
via)
1 July 2004 -Notified SGT d SP of 22 July investigation date:7
0 120 0 7
TRANSMISSION VERIFICATION REPORT

TIME : 09/21/2004 16:46

DATE, TIME.

LbtaV

FAX MO. /NAME.Qiiiiiiiiiillh 0 -1(

DURATION.00:02:05

PAIE(S).85

RESULT.OK

MODE. STANDARD

ECM

0 1 2008
DEPARTMENT OF THE ARMY
OFFICE OF THE STAFF JUDGE ADVOCATE
FORT CARSON, CO

0)/OA
COMPANY:
FAX NUMBER: TOTAL O. OF PACES INCLUDING COVA:
Lb
PHONE !VC:VI:1ER:
SENDERS PHONE NCSIDE
0 URGENT 0 FOR REVIEW 0 pLEAsc mmENT' Rceye":
NOTT-SICONISIENTS
Cot 11 t Re. c.teei--.
C c) g
' pc
ii-52j
OFFICE OF THE sTAI:r JUDGE .u)vOC.rl•
FORT CARSON. CO S119 13

012009

DOD 13666

-RECEIPT/CERTIFICATE OF SERVICE-
A copy of each of the documents listed below, was served on
.
The Accused;

.
Counsel for the Accused;

.
An authorized representative of counsel for the Accused; (6 ) the case of US v J

Z4 h
Documents served consist of
1. Charge Sheet 5 pages
RECEIPT OF THE FOREGOING ACKNOWLEDGED BY:
I certify that on , I served the aforementioned document(s) to the party(ies)
indicated, in the aforementioned case.
(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RECEIPT:

"C /
Paralegal Specialist
012010
-RECEIPT/CERTIFICATE OF SERVICE-
13/
A Copy of each of the documents listed below, was served on
The Accused;
0 Counsel for the Accused;
.
An authorized representative of counsel for the Accused; in the ease of
4-7— ) 9 (9
A
Documents served consist of:
I. Charge Sheet 5 pages
RECEIPT OF THE FOREGOING
IS'ACKNOWLEDGED BY:
PRINTIDATT--11111.11.1111111 1*--
I certify that on , I served the aforementioned document(s) to the party(ies) indicated, in the aforementioned case.
(INITIAL IF RECIPIENT REFUSED TO SIGN ACKNOWLEDGING RECEIPT: .
ii-5jo6 9
.4144-
Paralegal Sp talist
DEPARTMENT OF THE ARMY Office of The StaffJudge Advocate, 7th Infantry Divisif Fort Carson, Colorado 80913-4303
kAykle_c_
. AFZC-JA-CL
4)1ok,,
FACSIMILE COVER SHEET
TO: 17(e)
FRO1 MIN 11-2)
111111111111111. -bq
ORGANIZATION: DATE:
Office of The Prov une 2004
RECIPIENT'S FAX NCLUDING COVER SHEET:
(719) 526 2
• RECIPIENT'S PlO NUMBER: SENDER'S F NUMBER:
09) 526 DSN 699 09) 526 DSN 69
REFERENCE: SENDER'S PHONE NUMBER:
Request for NCIC Report of Soldier
Pending Court-Martial DSN 691

CI uRciiNT CI FOR REVIEW 13 PLEASE COMI4ENT 0 PLEASE REPLY 0 PLEASE RECYCLE

NOTES/COMMENTS:
C1 2012
TRANSMISSION vLRIFICATION REPORT
TIME : $31%71/1956 20:48NAME FT CARSON. 11111111k3 FA L X TE Lowi
DATE, TIMEFAX NO. /NAMEDURATION PAGE(S)RESULT MODE 0 : 02 STANDARD ECM

1 Onl
¦.; 3_'.1. ¦.;
DOD 13670
DEPARTMENT OF THE ARMY
Office of The StaffJudge Advocate, 7th Infantry Division
Fort Carson, Colorado 80913-4303
. AFZC-JACL 7 June 2004
-
MEMORANDUM FOR Commander, USAEREC, ATTN: PCRE-RP, Indianapolis, Indiana
46249-5301
SUBJECT: Request for the OMPF Microfiche of Soldier Pending Court-Martial
L This office is preparing court-martial charges against the soldier(s) stated below, and hereby
requests a copy of the Official Military Personnel File (OMPF), to include the restrictive fiche_
Also, please include certified copy(ies) of any Article 15's or Letter(s) of Reprimand for each
soldier named, to ensu that their packets are co plete: J fyg
,2 i‘"
s.:
NAME SSN#) DOB
11111111111111111111P
2. Please use the following mailing address:
OSJA, 7th Infantry Division and Fort Carson
ATTN: AFZC-JA-CL
7086 Albanese Loop, Building 6285
Fort Carson, Colorado 80913-4303
9. POC is the undersigned at (719) 526 DSN 691
C12014

DEPARTMENT OF THE ARMY
Office of The StaffJudge Advocate, 7th Infantry Division
Fort Carson, Colorado 80913-4303

AFZC-JA-CL 7 June 2004
FACSIMILE COVER SHEET
FROM:
ORGANIZATION: DATE: USAEREC, ATTN: PCRE-RP 7 June 2004 RECIPIENT'S FAX NUMBER: NO. OF PAGES INCLUDING COVER SHEET:
(317) 510-'DSN 69101 2 RECIPIENT'S PHONE NUMBER: SENDER'S FAZVLIMBER:
4.317) 510-1111DSN 6994011 . (719) 52c DSN 69111111
REFERENCE: SENDER'S PHONE NUMBER: Request for OMPF Microfiche of Soldier (719) 52 Pending Court-Martial
DSN 691 .
. URGENT . FOR REVIEW . PLEASE COMMENT . PLEASE REPLY . PLEASE RECYCLE
NOTES/COMMENTS:
012015
DOD 13672
I1 TRAt4Edr '': .. i 'Id 4 -.:EF.IF DI-r-, I I ON M.E.POR.1 —_..i TIME .01/21..139E. 2U:45 NAME FT CARSC1tLJS.-.
FAN . TEL
Eki:TE . ;4
E11 1 2
.HE 9817 .,
0... :7
rESt.L.T MODE
;
012018

DOD 13673

4.1 f
VI\
FW:pMedia SITREP Page I of 1
CPT Fort Carson/OSJA -1 /1-3 00
From:
Sent: Tuesday, July 06, :18 PM
To: PT Fort .Carso
Subject: FW: Media SITREP
Hey . just so you know you're not alone. Here's th PAO sitrep this last weekend.
Subject:'edia SITREP
ill
Sir, We handled over 25 queries today local,regio I and natio v, int, radio). After releasing the press release
at 0830 CST, began fielding queries all day. ith SJA's a • SB assistance; developed releasable service data on the four soldiers. The SJA crafted arge sheet aries with maximum p le ach offense. The service data and charge sheet sum went organizations including he
',1a:;. Washington Post and CBS News. CO Cdr, as ambushed via telephone y He held his grin/tie-Some of the more influential me a engag uded:
111111.Washington Post
ProdOer - CBS News

Washington
Rafters Washington
AP Denver
CPS , Ngiy.s,Miami

-Baltimore Sun
..BBC
NPR

-Denver Post
L Univision -Austin

We've been forthcoming. know we won some and lost some. Other world events and the holiday weekend
should limit some of the mpact.

Steadfast and Loy
LTC
(254)28
cell(254)68 1

012017

7/6/2004
DOD 13674

41rP'`);),

i bIA)
Page 1 of 2
(4)
From: o arso
Sent: Wednesday, ne 30, 2004 10:17 AM
To: PT Fort Carson
Subject: RE: AR 600-8-2
'girder. counter order, disor don't want to furthe' yone.
--Ori
From:'PT Fort Carso
Sent: Wednesda June 30, 2004 8:47 AM
To: COL Fort Carson.'IS
Subject: RE: AR 600-8-2

Iris well within your purview to pull t soldiers back fr•leave. The scheduled Art. 32 is a legal proceeding/investigation as recog ed by AR 600-8- Any claim defense is making as to unfairness "punishment tantamount to confi ment" is not valid It is within your authority to pull the leave.
That said, I spoke with defense atte a last night. He informed me that he had arrang for his client to return by 6 1 o prepare leave is sch_gdi4ed to end on 11 JUL accordi the DA 31).
The defense attorney also informed me that they will be requesting additional time to prepare for h 32 hearing and would request a delay until 22 JUL. I spoke with the Alt 32 Investigating Officer nd he would not oppose such a delay request given the complexity of the charges and'obviOus Ss limitations (specifically, Iraq witness availability).
Sir, at this point, giVen that a delay is fairly certain, having the soldiers return to duty NLT then COB on Monday/Tuesday would be an option as well. It would be exercising a degree of control over the two flagged soldiers balanced with fairness to the soldier (erroneously or not, the leave was already grant
I am available if you have additional concerns or questions.
v/r;
CP
719-526
719-526
---Ori al Messa '
From:'OL Fort CarsorMill
Sent: Wednesda lune 30, 2004 5:544
To:' n
Fort Carso11
Subj : AR 600-8-2

n2018
6/30/2004
DOD 13675

CPT Fort Carsoll.1111
From: 9co

Sent: ,0048i3AM

To: P Eo Carson/Mr

Subject:

bt);1 1

-

Clid We get it done? and has there been any 32 delays subm ed by the defense?

thanks


C12019
1
J .11111 11111 CPT Foil Carso1111110
. „..... ..-.
it-b
From: •
Sent:.16, 2004 1:48 ram
To: PT ForfCarso
Subject: charges

0 •
11111 I,- I charge sheets to you vi your carson account but want to make
sent.nd.
Sure you get it. it's a word document and i can' get it to copy into this message so if
it didn't go to your carson account let me ks .

and i'll resend it.
thanks

C 1 2 0 2 0
1
9-1 'sun
.),tirtM
cc)
CPT Fort Carson
From: li‘4 Sent: 0049:55 AM To: P .Fort Carson/1W
Subject:
thanks,
I'm going to send you a copy of the additional charge sheet. I'd like to get it done
soonest, and get the memo signed allowing the add'l charge to be investigated at the same

32. is tomorrow a doable date for you to get this done?


0 1 2021
1
DOD 13678

41/Ift Mit 69,/itiki2 /6C)
1-3
CPT Fort Carsotaill
From:
1-3
Sent:
, 2004 1:11 P
To:

PT Fort Cars°
Subject:

e: RE: RE: Art 15s needed/Related Issues - Partial adjustment
111111111111

e Should have been flagged in any event and shouldn't be attending ancoc. thanks forhol7neup his orders. please ensure that he's flagged.
g
1111 61/

1
-090
C49-1;ottC ,arsopill11111.
b6-3

From:
Sent Ttip,sttay, 01, 2004 11:21'AM To: Tr on Carson Subject: Re:
9 1
just sent you an email, but want to relay the importance of St MOM front

Ing

clearing post. please keep me posted on that action. thanks

012023
1
"
imigjaipCPT Fort Carson."'"
From:
Sent: Mile 01, 2004 11: 1 AM
To: :MAJ Fort Carson,
Cc: PT Fort Carsd
Subject: s needed/Related Issues - Partial ad stment

at o.tcs (cpt.is on his way to you to
prefer charges in the.and.cases. shoul •e ere eit er thursday
afterno.is clearing -- i'm

hey.. just a head's..

r f ' ay morning: also, my ncoic informed me that.
cc'ing.on this so he can have the command stop that c ion, but wanted to let
you know since it's a high profile case.
thanks

ha

inn

)
C12024

DOD 13681

1,3-1

Azimuth Check onliall Page 1 of 1
-I' 1 )Lc)'•
CPT Fort CarsonlIMIO
F o :
CPT-4ID WIERMINEMINE
S n - Wednesday, June 30, 2004 1:32 PM
T • CPT Fort Carson
Cc: CPT--4I0mip
Subject: Azimuth Check on
MIN
I want to make sure we are all on the same sheet of music. Please take a look at the items below
and see if they fit with where you think we are at. I'm CC'ing so he can stay abreast of the
situation. NB will not be back from leave until the night of 6 Ju k to duty on the 7th.

Where We Are Now:
1) Media Release: With

17-1
2) I Y Orders for witnes egal will generate all orders, but funds will come frorm F
Hood. , our Legal s contacting III Corps to set up authorization f• nd
cite. P C or'and cite is Ms. 54)-287-=

3) We are sending an ema gent nd CPT11111111111D TC for Mikrea) requesting that they contact Mr. and h im available to do ' b -. T 32 testimony via C. The contact for III Corps VTC in Baghdad is SG (DSN: 318,822 The VTC has to be initiated bz -1' from Baghdad, but if th pertonnel at Carson call SG then ey can work out the technical 1-3details. However, SGT eeds to be notified of the times and dates (understanding that the dates and times are very epheral right now). 6 9 66)
4) We are working on getting better copies of the pictures currently in the packet . Agent is
our POC.

it
What Still Needs Addressing: 16'2/ 1100a-396C)
1) Need to confirm that all four accused are flagged.
2) Still need to find the DVD video of the victim's body aid he is still

looking for it.
3) Need to verify that there are 3 ART 32 memdsaing a 32 for.
(A)
The original charges against.. and

(B)
The'additional assault charge again

(C)
The addition of 111. and

cel
4) MOST IMPORTANT: Get everyone together in a conference call in order to set a final, agreeable
date for the 32. With 4 defense counsels and the trial counsels at different locations (3 posts in total), it is
crucial that we get everyone together in a conference call in order to set the final date (note--the email from
the 10 asking everyone to give a date).

We understand that this is quite a challenge trying to keep everyone together on this complicated case.
Please let us know if there is anything else you can think of that we didn't address above. Thank you very
much for all your assistance.

254 287
1,11111
C 1 2025
6/30/2004
DOD 13682

DEPARTMENT OF THE ARMY 41111111.111011111111111111111110h infantry Division (Mechanized) Fort Carson, Colorado 80913
AFZC-FC 7 June 2004
1.1))kri(C) '
¦
MEMORANDUM FOR Captain01111111.1111 Office of The StaffJudge Advocate, Fort Carson,
Colorado 80913
UBJE : A ointment of Article 32 b lnvesti atin Officer in the cases of U.S. v. mom d /4 r] c) and U.S. v.
z e .
You ar ereb designated to investigate the attached charges in the case,
Head u d Head uarteaComp. any,
Headquarters and Headquarters Company 3-1
under Arne e 2, U *11. Ataitionally, you shall investigate and make
recomme non 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.
2.
Your investigation will be conducted JAW Article 32(b), UCMJ, R.C.M. 405, MCM (2000 Edition) and AR 27-10. Procedural guidance is contained in DA Pam 27-17.

3.
Your investigation will be completed and forwarded to the Criminal Law Division, OSJA, Fort Carson, Colorado, not later than fourteen duty days from the date of this correspondence. You may approve reasonable defense-requested delays, not to exceed ten duty days in length, occasioned by scheduling conflicts or defense requests for witnesses, and such periods will be excluded from your allotted time. Any requested'delays beyond twenty-four duty days from the date of this correspondence will be immediately forwarded through the trial counsel to me for action. Within 72 hours of completion of your investigation you will *liver the original Investigating Officer's Report, DD Form 457, with enclosures, and a detailed chronology of the investigation to the Criminal Law Divisi n, OSJA, Fort Carson, Colorado.

j
4.
Your clerical and administrative support will be pro of the Criminal Law Division, Office of The Staff Judge Advocate. You y con t 526-11111 2e duty uniform shoUld be worn at this hearing to facilitate itnesses returning to regular duties. Z oba'zi

5.
You are reminded that Article 98, UCMJ, p • hibits any unnecessary delay in the processing of court-martial charges. This investigation is your maty duty until completed and takes precedence over all other assignments, including field duty, sc duled leave or TDY.

01 2 0 2 6

COURT-MARTIAL CHARGES Part I
TO CDR. FROM co DATES J v.v oy
1. Court-ma rat charges a ainst ig named individual are forwarded as Enclosure 1. Witness statements, any evidence o sconduct (to include properly certified DA Forms 2627) and the accuseds DA Forms 2 and 2-1 are attach s Enclosure 2. ..,
Nare1--6.)
Rank SSN
t-Z)11-i
i 3....1
Orr tro
4th Infantry Division (Mechanized)

2. AU witnesses will remain at for the next 90 days except the following named individuals:
LA4,2

other witnesses will be released without notifying the Staff Judge Advocate.
• , ,
3. 1 recommended:
Summary Court-Martial ) Special Court-Martial ) BCD Special Court-Martial ( ) General Court-Martial
NAME OF COMMANDER OMMANDER
7(c.
Part II
TO FROM DATE

I haw.. reviewed the attached charges and conclude that each offense is suppo y The evidence.
I ( ) (recommend) ( ) (direct):

( ) Summary Court-Martial ( ) Special Court-Martial ) eco Special Court-Martial
(. ) General Court-Martial
NAME OF COMMANDER

SIGNATURE OF COMMANDER
Part III
TO copal. FROM CD DATE
I have reviewed the attac charges and conclude that ch offense is supported by the evidence.
I ( ) (recommend) direct):
( ) Summary Court-Martial ) cial Cou artial Martial

( X ) Articles 32 Investigation 1 9e.
Ce MAND NATURE 0 MMANDER
Part IV
TO -FROM ' . DATE
I have-examined the Article 32 Investigation and allied papers and '( i (recommend) ( ) ( direct) trial by:
( ) Summary Court-Martial .( ) Special Court-Martial ( ) BCD Special Court-Martial
( ) General Court-Martial

NAME OF COMMANDER SIGNATURE OF COMMANDER
FORM 27
=H'ea. 4-50 isJA, Repiaces Forms 450a ft 4-508
DOD 13684

-‘' '
..
L. —.wittrwc Q11 .I
L FtSONAL DATA
1. NAME OF ACCUSED (Last F.. MI) . SSN 3. GrtADE OR 4. PAY RADE
mar list
6. CURRENT SERVICE
5. UNIT OR 0
a. INITIAL DATE b. TERM
tt) Infarfry Division
•(Mechanized), Fort Carson, CO 80913 63- 1
1 June 2002 INDEF
7. PAY PER MONTH a. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY C. TOTAL
$2970.60 $2970.60 N/A
II. CHARGES AND SPECIFICATIONS
10. CHARGE: I VIOLATION OF THE UCMJ, ARTICLE 81 I

SPECIFICATION 1: In that U.S. Arm , di • at or near Samarra, Iraq, on or _/ about 3 January, 2004, conspire with , and 0-corn ' a • ense under. • o•eof I ary us i assau r a • .• nd in order to effect the ()tied of th - cons •ira In' : long wi h and • etained and and transported them o a bridge in he city of Samarra, raq, w ere e said gave an order to push them into the Tigris River_ • riAy
SPECIFICATION 2: In that A did • t or near S - m • r Iraq, on or )
.
betw 3 Ja conspire with /

ary 2004,. th and o commit an offense LI'• er I e Uni a sea• 0 e, of-ilita Justice. to ' Wit: On e thihairw ti . n b. ..INTO.lti ..influ-4 C4 c a • • • ,p'eny in heir icial statements tOC at and ere pushed into the Tigris River. •
•(SEE CONTINUATION SHEET)
. i f l) •
Z---.
III. PREFERFtAL via. .. ME OF ACCUSER a First. b. GRADE a N'TION OF CCUSER
H iC
d. SI', , II'•'. e. DA E: alb:' • •
a7L7MC6L/
AFFIDA ore me, the undersign au orized by law to administer oaths in cases o is character, personally appeared the
above n I ser this as • daY o J ' MI-, 2004, and signed the Coreg g charges and specifications under oath
that he/she i rson subject to the Un form I ode of Military Justice and that he/she either has sonal knowledge of or has
investigated matters set forth therei and • t the same are true to the best of his/her knowledge d belief.

HHC,IIIIIN
Typed Name of Officer. Organization of Officer
CPT Article 136, UCMJ
Grade. Official Capacity to Administer Oath (See R.C.M. 307(b)- must be-a commissioned officer)
gnature
D FORM 458, AUG 2000 PREVIOUS EDITION IS OBSOLETE.'
C12028
DOD 13685

On' .W140/' . 2004. the accused was informed of the charges against him/her and of the names) of
the accuser(s) known to me (See.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)
. ...... ..
HHC alligligje 3 --. 1
Nam.mediate.ander Organization Cf - ' ander
l'2-) 4 .)
.
Signature .
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AU'ORIjY
13.
The sworn cha'received at 17 155-hours'4C J t-', 1'2004 at' th Infant Division
Designation of Conimand or
Mechaniz
Officer Exercising Summary Court-Martial Jurisdiction (See RCM. 403)
FOR THE
IIMOIlialrl n)' Commander
‘f. 2)
Typed Name of Officer,,,,,,,r•-Official Capacity of Officer Signing.
•....
tire

V.
REFERRAL; SERVICE OF CHARGES
14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE C. DATE

Referred for trial to the' court-martial convened lip
• 20 04 , subject to the following instructions: 2 ,i-
i
i
By' of
Command or Order
Typed Name of Officer Official Capeolyot Officer Signing
• -.Grade
Signature
15.
On. . 2004', I (caused to be) served a copy hereof on (each of) the above named accused
Typed Name of Trial Counsel Grade or Rank of Trial Counsel .
Signature FOOTNOTES." )1 ---. When an appropriate commander signs personally, inappficable words are stricken. 2— See RCM. 601(e) concerning instructions. If nate, so state... .
DD FORM 458 (BACK). MAY 2000
012029

DOD 13686

CO TI TION SHEET DD FORM 456 11111111111101111111111.1.111111111 4th Infantry Division, Fort Carson, CO 80911 .
Item 10, continued:
Charge II: VIOLATION OF THE UCMJ, ARTICLE 107
SPECIFICATION: In that U.S. Army, did at or near Tikrit, Iraq,
on or about 16 Janua 2004
with the intent to dem, make t • a ent savor official
statement, to wit: that an• ere stopped, searched an release to wa c to vehicle and that he personally witnessed the two individuals on the side of the road as his convo de arted the area, which statement was
totally false and was then known by to be false.
CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 119
SPECIFICATION: In that U.S. Army, did at or near Samarra,
• Jra o or about 3 January 2004, while perpetrating an offense directly affecting the person of
to wit: push him into the Tigris River at nighttime, unlawfully kill r•wning.
CHARGE IV: VIOLATION OF THE UCMJ, ARTICLE 128
SPECIFICATION: In that, OW U. . Arm . did at or near Samarra, Iraq, on or about 3 January 2004, commit an assault by
pushing him into the Tigris River at nighttime.
CHARGE V: VIOLATION OF THE UCMJ, ARTICLE 134
SPECIFICATION: In that,....11111011111 U.S. Army, did at or near Samarra,
Iraq, on or between 3 January 004 and 16 January 2004, wron to.."m ede an
i ti tion by falsel ivin a sworn statement denying that and
were pushed into the Tigris iver and that he saw t em standing at s ore !he as i convoy departed the area.
012030
COURT-MARTIAL CHARGES
'Part
FROM DATE S
TO CDR;'ith ID ( CDR, HHC011
1. Court-martial charges against the following n ual are forwarded as closure 1. Witness statements, any
evidence of previous misconduct (to include properly certified s 2627) and the'used's DA Forms 2 and 2-1
are attached as Enclosure 2.

Rank
11111 "111111111. '12-1
Org
HHC, th Infantry Division (Mechanized)

2.All witnesses will remai or the next 90 days except the following named individuals:
Ote)
-419 other witnesses will be released without notifying the Staff Judge Advocate.
3.1 recommended:
Summary Court-Martial ) Special Court-Martial' CD Special Court-Martial ) General Court-Martial
TO
I havo reviewed the attached charges and conclude that each offense is sup y the evidence.
I (') (recommend) (') (direct):
(') Summary Court-Martial'(') Special Court-Martial ) BCD Special Court-Martial

( ) General Court-Martial
NAME OF COMMANDER
SIGNATURE OF COMMANDER
Part III
TO FROM DATE
CDR, 3BCT CDR, HHC 3BCT
I have reviewed the attached charges and conclude that each offense is supported by the evidence. 1 ('- ) (recommend) ('(direct): (') Summary Court-Martial'(') Special Court-Martial'BC'cial Court-Martial (') Articles 32 Investigation
I have examined the Article 32 Investigation and allied papers and'('i (recommend)'(') ( direct) trial by:
(') Summary Court-Martial'(') Special Court-Martial'(') BCD Special Court-Martial
(') General Court-Martial

NAME OF COMMANDER SIGNATURE OF COMMANDER
=H :(1G°.a. 4-50 (SiAt Heotates FH Forms 460A 14-SOB °031
DOD 13688

I. PER NAL DATA

1. NAME OF ACCUSED (Last. A.MI) 2. 3. GRADE OR 4.'Y GRADE

5. UNIT OR ORGANIZATION 6. CURRENT SERVICE
a. INITIAL DATE b. TERM
Headquarters and Headquarters Company,
(Mechanized). Fort Carson, CO 80913'
-3/
3H'
INDEF
7. PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
$2980.20 $2980.20 N/A
II. CHARGES AND SPECIFICATIONS
10. CHARGE I VIOLATION OF THE UCMJ, ARTICLE 81
SPECIFICATION 1: In that .S. Arm , did at or e S marra Iraq, -"
on or a out 3 Jame 2004, cots! re with.

and 'a coria n o `ense n er the Uniform Code o
Military ustice, to wit: t assau and and in order to
effect the t e cons ira th said on• with

and etaine. an and transports them to a bridge in e city of Samarra, raq, w ere e said
ave an order to push them into the Tigris River.
SPECIFICATION 2: In that ' S. • rm'did .'•'• - .r S . i Iraq,
on • or between 3 Jan -20 ,and116-:: a etry -2004, conspire with
nd:) to commit an offense under e Uniform od - of MI . a
Wit -.01(101/0 f• -rafl' 0 • inVesti ation b wrongfully influencin *

7F-:3 2:0
a s .-'"rt their
o icia t a ementt o'CIEYt a - n • ere
pushed into the Tigris River.

,_
(SEE CONTINUATION SHEET)
b. -/ /.-"dt ....2... 1 b ? 64.•
PREFERRAL
I la. NAME OF AC R ('rst. MI) b c. ORGANI • TIO'• •CCUSEA
HHC, •
cl. SIGNATU • C*1,19411 e. DATE
X33/Jaq
AFFIDA me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the
above this % day of . 2004. and signed the foregoing charges and specifications under oath
that he/she .n subject to the Uniform Code of Military Justice and that he: she either has personal knowledge of or has
investigate. tters set forth therein and that the same are true to the best of hisiher knowledge and belief.

J yr/ i
—2_'/ 44 7c0
HHC, 41D1_M)
Typed Name of Officer. Organization of Officer
CPT Article 136, UCMJ
• Grade. Official Capacity to Admirester Oath
(See R C. M. 307(b) - must be a commasioned officer)

)D FORM 458, AUG 2000 PREVIOUS EDITION IS OBSOLETE.
'12032
DOD 13689
On ',7 ( .0 (*) / . 2004. the accused was informed of the charges against him/her and of the name's) of
. tne accuser's) known to me pee R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.) "

, FtHC,1D(M)
TypediVadiekif imMediate Commander Organization of elate Commancleiron
effill ,.,..:
..s .. ,.
IV. RECEIP'SUMMARY C•''. •'AL CONVENING AUTHO
13.
The sworn tilta • ,--'received at '')'5 -'hours.'.3'j 1-j616 '2004 at' 4th Infantry Division
signation of Command or
(Mechan
Officer Exercising mmary Court-Martial Jurisdiction (See R. C,'031
FOR THE t
.'Commander
• Typed Name of Officer Official Capacity of Officer Signing
COL
. • - _
V. REFERRAL: SERVICE OF CHARGES . 14a DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c DATE
Referred for trial to the' court-martial convened by

• 20'04 . subject to the following instructions: 2
By' of
Commando/ Order
Typed Name of Officer Official Capacity of Officer Signing
.''
Grade
Signature •
1 5.
On , 2004', I (caused to be) served a copy hereof on (each of) the above named accused.
Typed Name of Mai Counsel Grade or Rank of Trial Counsel
Signature
FOOTNOTES: )1--When an appropriate commander signs personally, inapplicable words are stricken. 2— See R. ow. 601(e) concerning instructions. If none. so state. •
DD FORM 4581BACKI. MAY 2000
C 1 2033
DOD 13690
.
trawriairsiimargaraw
CONTINUATION SHEET DD FORM 458;
Headquarters and Headquarters Company, 4th In an try Division, Fort Carson, CO 80913

Item 10, continued:
Charge II: VIOLATION OF THE UCMJ, ARTICLE 107
SPECIFICATION: In that onammaimp, U.S. Army, did at or near Tikrit, Iraq, on or about 16 January 2004 ' -' de ive, CID, ent w rn official statement, to wit: that and
were stopped, searched and released to walk to their vehicle and that e personally wi nesse the two individuals on the side of the roa as his CAA' a ich statement was totally false and was then known by to be false.
CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 119
SPECIFICATION: In that. U.S. Army, did at or near Samarra, Ira ortorabout.3 nary 2004, while perpetrating an offense directly affecting the person. to wit: push him into the Tigris River at nighttime, unlawfully kill. y drowning.
CHARGE IV; VIOLATION OF THE UCMJ, ARTICLE 128
iiii iii
SPECIFICATION: In that. IIIMIMIMIIMIIMINIIIIPI U.S.. -ir kci
.
iiie
rra, Iraq, on or about January 2 4, commit an assault upon
by pushing him into the Tigris River at nighttime.

CHARGE V: VIOLATION OF THE UCMJ, ARTICLE 134
SPECIFICATION: In that, U.S. Army, did at or near
allillMIMMIIIIIM
. 04, wro full endeavored to
Samarra, Iraq; on or between 3 January 2004 and 16 January 2
. ,
m de an inv I ' ' ' a s om statement denying that and were pushed into the Tigris iver an tha he

uper
saw t n standing at the shoreline as his convoy departed the area.
0 12034

HARGE SHE
I. PE'ONAL DATA
1. NAME OF ACCUSED (Last First.0 . 2. SSN 3. GRADE OR FIANaim 4 AY GRADE ill
5 UNIT OR OR T 6. CURRENT SERVICE
a INITIAL DATE b. TERM

Head uarters and Headquarters Company,
Fort Carson, CO 80913' 1 04/ 1/ INDEF
l
a. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
7. PAY PER MONTH
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL.
$2980.20 $2980.20 NIA
0. CHARGES AND SPECIFICATIONS
10. CHARGE: I'VIOLATION OF THE UCMJ, ARTICLE 81
• .'-SPECIFICATION 1: In that . Arm did at or ne . Samarr Iraq, on or about 3 January, 2004, cons .'re with
nd o Gomm .n offense n• -MeUniform Code of I ary'u'ice, to wt :'ansa -.nd' and in order to effect the object of the.cons ira . , .'e sa • alone -.wit.' and Detained' : and an'ariSpo e them to a bridge in'e city of Samarra, ra ,'ere'= said g'e an order to push them into the Tigris River.
SPECIFICATION 2: In that U.S. Arm'• 0 -ts) near Samarra, Iraq, on othetween 3 Jan'00 ari ry.1164, conspire viii h
Ja 1U . and to commit an offense under the'Werra'1 I de Li§tite., livi : endePiPt to .0-. e 6 01 Oat IhV9ptigation b uwonDfu'11'. A'n• taut/ 6'th their
o `icia s aternerits tO C'a • ere pushed into the Tigris River.
(SEE CONTINUATION SHEET)
1z z_ ,4 960
/
.— i 7I;"-/. /Lasi
III. P'FERRAL Ha.'E OF A'U.(Last, First. Mu b. RADE c. ORGANIZATION OF ACCUSER
PT l'HH'4ID (M)
e. DATE
d. S IdNATUR SER
AFFIDAVIT: Before me, the and'igned, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this'ay of' , 2004, and signed the foregoing charges and specifications under oath
that he/she is a person subject to'e Uniform Code of Military Ju stice and that he/she either has personal knowledge of or has investigated the matters set fo'erein and that the same are true to the best of his/her knowledge and belief. ...los',,,,,,,,,,„„,..',',
HHC, 4ID (M)
me of Officer. Organization of Officer
CPT' Article 136, UCMJ
Grade Official Capacity to Administer Oath (See RCM. 307(b) - must be a commissioned officer)
Signature
'
DD FORM 458, AUG 2000 PREVIOUS EDITION IS OBSOLETE_
012035
DOD 13692

CONTINUATION SHEET DD FO
rt
arson, e 8 r 9 3

Item 10, continued:
Charge II: VIOLATION OF THE UCMJ, ARTICLE 107
SPECIFICATION: In that U.S. Army, did at or near Tikrit,
Iraq, On or about 16 January 2004 wit nt to de ive, Make ent a sworn
official statement, to wit: that and
were stopped, searched and eased to walk to their vehicle ano that he personally w ness
the two individuals on the side of the road as his =Ivo d rted area which statement
was totally false and was then known by to be false.

CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 119

SPECIFICATION: In that U.S. Army, did at or near
ora anuary 2004, while perpetrating an offense directly affecting the
to wit: push him into the Tigris River at nighttime, unlawfully
by s rownino.,

CHARGE IV: VIOLATION OF THE UCMJ, ARTICLE 128
,
Samarra, Iraq, on or about 3 January 2004, commit an assault Upon
by pushing him into the Tigris River at nighttime.

SPECIFICATION 1: In that S,,A :did: t:Prnear
SPECIFICATION 2: In that Army, did, at or near
Baled, Iraq, on or about 4 Decem111 -0 cOmr7.1mum.IP

ier 20 Iit an assault upon a heavyset Iraqi male by
detaining him at an auto shop in Balad, Iraq, transporting him to the pontoon bridge in. Balad,
Iraq, and pushing him into the Tigris River with a force likely.to produce death or grievous bodily
harm, to wit pushing the Iraqi. male into the Tigris River.

1.1r17
CHARGE V: VIOLATION OF THE UCMJ, ARTICLE 134
SPECIFICATION: In that,1111111111111.11.11111t.S. Army, did at or near
Samarra, Iraq, on or between 3 January an 6 anuary , wron i.i . endeavored to .
' e an investi tion by false! ivin a sworn statement denying that

AO
and were pushed into the Tigris icer and hat he

t is convoy departed the area. '''----...„.............,

saw em standing a • 'e s ore ine as '
012036

b el (L)
I — .
CHARGE SHEET •
-014AL DATA
• 1: NAME OF ACCUSED (Last, First, M SSN 3. GRADE OR PAY GRADE
ifilaillin MON RAI.
5. Loa OR ORGANIZATION E. CURRENT SERVICE .
a. INITIAL DATE b. TERM
7. PAY PER MONTH , Fort Carson, CO 80913 -. a. NATURE OF RESTRAINT OF ACCU SED 1 Ape 2002 9. DATE(S) IMPOSE D Indef
a. BASIC $2970.60 b10. CHARGE: I . SEA/FOREIGN DUTY c. TOTAL $2970.60 II. CHARGES AND SPECIFICATIONS VIOLATION OF THE UCMJ, ARTICLE 81 N/A

SPECIFICATION 1: In that U.S . it • id at or. near Samarra, Iraq, on or
_ about 3 January, 2004, conspir- wi t and a commit a wet ''UR of he;Un OM Co e of ary US iCe, O wi -assault nd and in_order to --ct.t e Wect of thel.cons • re t e along With:, and • etained nd and. transpo - • them to a bridge in he city of Sarnarra, Iraq, Where t e said gave an order to push them into the Tigris River.
• :.
ham , . SPECIFICATION 2: In that ..S. Ar did at or nearSamarra, Iraq, on or between 3 Jantia 2004 .and 6January 2004, conspire with Ind o commit an offense ung et helat 0 , e 0 J Ia',..
-
t. ens avor t0,1140000 a 'Criminal vestig: tion by wrong full. influe 0.-tt 9
-ad BM-=n' . eir
o icia s a emen s to B a nd were pushed into the Tigris River. .
(SEE CONTINUATION SHEET)
• 06y-. '2,'i.T.... ( i 1). —/ Low?,
!IL PREFEHRAL lie. NAME OFACCUSER ast. First, MI) b. Mil 1 c. ORGANI . T. 0 :. AC . U
VW HHC,
d. SIGNATURE OF ACCUSER -a. DATE
AFFIDAVIT: Before me, the unde igned, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this d y of , 2004, and signed the foregoing charges and specifications under oath that he/she is a person.subject to th Uniform 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.
HHC, 4ID (M)
Typed Name of Officer. Organization of Wilder
CPT Article 136, UCMJ .
Grade Official Capacity to Administer Oath (See R.C.M. 307(b) - must be a commissioned officer)
Signature
DD FORM 458, AUG 2000 PREVIOUS EDITION IS OBSOLETE.
C12037

DOD 13694

1 (1)
CONTINUATION SHEET DD FORM 458;
Fort CarSdn, CO 80913.

Item 10, continued: tvLf
Charge II:' VIOLATION OF THE UCMJ, ARTICLE 107
SPECIFICATION: In that IMIIIIMENNIIIII U.S. Army; did at or near Tikrit, Iraq, on or about 16 January 2004 with the intent to deceive make to a C D a ent a sworn official statement, to wit: thatd11.11111.11.110 and ' were stopped, searched an re ea'o wa to'r ehicle and at he personallY wi essed the two individuals on the side of the road as his convo de ailed the area, which statement was totally false and was then known by' to be false. /6/-)10-
CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 119
• SPECIFICATION: In that' U.S. Army, did at or near Samarra, Ira oon or about 3 January 1:I Riltrenilifense directly affecting the perSon of
to wit: push him into the Tigris River at nighttime, unlawfully by f awning.
CHARGE IV:'VIOLATION OF THE UCMJ, ARTICLE 128
SPECIFICATION: In that,011111111111111111111111111. U.S. Ar'di at Or;riear Samarra,
Iraq, on or about 3 January 2004, commit an assault upori by
pushing him into the Tigris River at nighttime.

CHARGE V:'VIOLATION OF THE UCMJ, ARTICLE 134
SPECIFICATION: In thatimmummg, U.S. Army, did at or near Samarra,
Iraq, on or between 3 January 2004 and 16 January 20 wron full e d avor 'de an
inve ation b. f • el giving a sworn statement denying that' and

ere pushed into the Tigris ver and at 6 saw t m
stan • ing a the shore me as 'onvoy departed the area.

C 12038

CERTIFICATE

aus
I hereby certify that the Enlisted Records Brief pertaini 7/1-1_,iincito6 Headquarters and Headquarters Company, Fol-Carson, 14
i -11-gu's
Colorado 80913, was obtained through the Army fiuman Resource System AHRS),
7 June 2004. The AHRS is the Army's database of all personnel records and contains the latest,
most up-to-date information.


C:12039

DEPARTMENT OF THE ARMY Office of The Staff Judge Advocate, 7th Infantry Division Fort Carson, Colorado 80913-4303
AFZC-JA-CL 7 June 2004
MEMORANDUM FOR NCIC Coordinator, Office of The Provost Marshal, ATTN: AFZC-Y­MP, Fort Carson, Colorado 80913
SUBJECT: Request for NCIC Report of Soldier Pending Court-Martial
I. This office is preparing court-martial charges against the soldier(s) stated below, and hereby requests a copy of NCIC Report of the soldier(s).
PI'',
NAME SSN# DOB 1 /
AME CC
141 q'
WM" NNW
-
3. POC is the undersigned at (719) 52611/ DSN 691­
'
7c0
hi--
C12040

DEPARTMENT OF THE ARMY
Office or The Staff Judge Advocate, 7th Infantry Division
Fort Carson, Colorado 80911-4303

AFZC-IA-CL 7 June 2004
FACSIMILE COVER SHEET
A
TO: 111111=111111 FRMIN•4
ORGANIZATION: DATE: Office of The Provost Marshal 7 June 2004
RECIPIENT'S FAX NUMBER: NO. OF PAGES INCLUDING COVER SKEET:
(719) 526-111/DSN 699.11, 2
RECIPIENTS PHONE NUMBER: . SENDER'S FAX . NUMBER: 09) 526'DSN 69911r. (719) 526SN 691 1111.
-
-
-
REFERENCE: SENDER'S PHO E NUMBER: Request for NCIC Report of Soldier (719) 526 Pending Court-Martial --
DSN 691
0 uRGIENT 0 FOR REVIEW 0 PLEASE COMMENT . PLEASE REPLY 0 PLEASE RECYCLE
NOTES/COMMENTS:
'2 1 2041
DOD 13698
1 TRANSMISCION vERIFIOAT1ON REPORT

• TIME

NAME

FAX

TEL
DATE,TIME.01/22 08::1

FAX NO./NAME.82215204

DURATION.00:00:40

MGM). 02

RESULT. OK

MODE. STANDARD

ECM

C12042
) 9 CI)
RENVAPT Fort Carson/OSJA
From:
Sent:' Moodav, dun0.07, 2094 11:08 AM
To:

Subject:' FW: Oases of interest
FYI & work w/ 410 OSJA to make sure we have their wishes (with sanity check) of flags.
----Ori incl Messa
From:
Sen : a 07 2004 10: AM

d-
To:
Sub) : : ses of interest

occ)
I talked to the CG and will discuss this with 3 ACR Cdr.
The CG is now looking for the'data so we can ensure all soldiers are flagged.
--47:,,z,---,originaim.-----
Fran:
Sent: nn 02 2004

mmilim
amm
To:

Subject: Cases of interest
Sir,
(Caveat - final CID report still not received.)
The foHowing.soltpaRavvelevant to the respective investigations:
s-----.
CID # 0009-0401.1011/001 .-1‘-1,) 4 7(c)
A i.-'1. ) 11-3f 'if-9 N
1)hysically bound and gagged LTC a Assisted in bound and gagging of LT elped detain LTC when he escaped (unlikely of interest, but we havej. 1.-2.
Witnessed ODA take LTC for interrogation OIC of detention facility
when the MG died
MG died
elped pu.in g eeping bag, in room when he died

In room when MG died bserved interrogations of MG claims to have seen abuse Observed interrogations of MG
• Based on today's best data, none of these soldiers are flagged. Some may solely be witnesses - but once
again, too soon to tell. Trial Counsel are taking a fresh look at the available information to determine if

'
there should be any more (or less) on the list.
di-.3/ 1 2 c9
1
C 1 2043
AFZC-JA-AL 13 July 2004
q)--/DG 7-761
MEMORANDUM FOR Headquarters and Headquartersji‘...1° )
Company, , Fort Carson, Colorado 80913
A .Cc)
441-6-
SUBJECT: Article 32(b) Investigation r
3
1.
On 28 July 2004, at 0900, in the courtroom, Second Floor, Building 6287, Fort Carson, Colorado,1 will conduct an investigation pursuant to Article 32(b), UCMJ to i facts and circumstances concerning the charges preferred against you by eThejil4-charges are Conspiracy in violation of Article 81, False Official Statement m vio ation of Article 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, and Obstructing Justice in violation of Article 134.

2.
You have the right to be present during the entire investigation. Additionally, you have the
right to be represented at all times during the investigation by legally qualified counsel. Counsel
may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified

'military lawyer of your selection, if reasonably available; or a qualified military counsel detailed
by the Trial Defense Service. There is no cost to you for military counsel. You also have the
right to waive representation by counsel.

3. The names of witnesses known to me who will be asked to testify at the hearing are:
jt La. SA
b. SA,
/iv c. SA

d Mr.
. SPC P7(.)

CPT /-2.)'
v—f
4. A Is my intention to examine and consider the following documents and 7yIL) evidence:
a.
Charge sheet, 8 June 2004.

b.
CID Report, 0011-04-C1D469-79630, dated 3 February 2004.

1 9k)
C. Sworn statement of ated 16 January 2004.
d.
Your sworn statements, dated 16, 17, and 22 January 2004.

e.
Sworn statements o dated 16, 17, and 27 January 2004.

f.
Swo ements of dated 16 and 23 (two) January 2004.
Sworn statements of dated 16, 21, and 22 January 2004.

worn statements of dated 16, 22 (two), and 24 January 2004.
Memorandum for Record, dated 11 January 2003 [2004], by

e-2-
i/-3/y 7 CO
2V
012044
5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want
• to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your Military or Civilian . Defense Counsel, by 1600 on 23 July 2004. Please alio furnish this witness information to Trial Counsel, Military Justice Division, Office of the StaffJudge Advocate, Port Carson, Colorado 80913.
'
2
C12045
AFZX-JA-AL SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of a Copy of the memorandum notifying me of the Article 32(b)Investigation. I further understand that the hearing will be conducted on 28 July 2004, at 0900, located in the courtroom, Second Floor, Building 6287, Fort Carson, Colorado.
'
C12046
3
AFZC-JA-AL 13 July 2004
i-7ir7 , 6 ;:ir
.1-." 1 i'll
Headquarters and Headquarters 3 .66--1,-) i,6,5" Company, ort Carson, Colorado 80913 MEMORA
5..... 1 , i.$4, 4 760
SUBJECT: Article 32(b) Investigation i v
1. On 28 July 2004, at 0900, in the courtroom, Second Floor, Building 6287, Fort Carson, Colorado, I will conduct an investigation pursuant to Article 32(b), UC inv . e facts and circumstances concerning the charges preferred against you by The jil-1- ) t 11 charges are Conspiracy in violation of Article 81, False Official Statement in vio anon of
CO
Article 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, and Obstructing Justice in violation of Article 134. The additional charge is Assault in violation of Article 128.
2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel. Counsel maybe a civilian lawyer of your choice, provided at no expense to the United States; a qualified military lawyer of your selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have the right to waive representation by counsel.

3.
The names of witnesses known to me .Who will be asked to testify at the hearing are:

a.
SA

b.
SA

c.
SA

d.
Mr.
SPC
CPT

4. Additionally, it is my intention to examine and consider the following documents and evidence:
a.
Charge Sheet, dated 8 June 2004.

b.
Additional Charge Sheet, dated '15 June 2004.
c_ CIT) Report, 0011-04-C10469-79630, dated 3 February 2004.

d.
Sworn statement of dated 16 January 2004.

e.
Sworn statements of dated 16, 17, and 22 January.2004.

1. Your sworn statements 27 January 2004.
g.
Sworn statements of dated 16 and 23 (two) January 2004.
Sworn statements of ted 16, 21, and 22 January 2004.

g.
Sworn statements of dated 16, 22 (two and 24 January 2004.
Memorandum for Record, dated 11 January 2003 [2004], by

e— 2)1(1 1 7 etj
C 1 2 04 7

5_ As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial 1D_„
efense Counsel; by 1600 on 23 July 2004. Please also furnish this witness information to 111.11111., Trial Counsel, Military Justice Division, Office of the Staff Judge Ackiiicate, Fort earsoColorado
11, 80913.
2 rP)048
AFZX-JA-AL
SUBJECT: Article 32(b) Investigation

..
v...0 •
I hereby acknowledge receipt of a -`copy of the memorandum notifying me of the Article 32(b)
'
Investigation. I further understand that.the hearing will be conducted on 28 July 2004, at 0900,
located in the courtroom, Second Floor, Building 6287, Fort Carson, Colorado.

41
11111,-3 .'‘:
9(6.)
• ..
012049
3
AFZC-JA-AL 13 July 2004
ft 3-1 LAV1.-
SUBJECT: Article 32(b) Investigation

1. On 28 July 2004, at 0900, in the courtroom, Second Floor, Building 6287, Fort Carson,Colorado, I will conduct an investigation pursuant to Article 32(b), UCMJ, to vesti at c to, /7,-facts and circumstances concerning the charges preferred against you by
The charges are False Official Statement in violation of Article 1 Manslaughter in flat n of Article 119.
2. You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel. Counsel may be a civilian lawyer of your choice, provided of no expense to the United States; a qualified military lawyer of your selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have the rigfirro waive representation by counsel.
3. The names of witnesses known to me who will be asked to testify at the hearing are:
a. SA
SA

c. SA
1.13.
4. Additionally, it is my intention to examine and consider the following documents and
evidence:

a.
Charge sheet, 28 June 2004.
CID Report,0011-04-9-79630, dated 3 February 2004.
Sworn statement of ated 16 January 2004.

d.
Sworn statements of dated 16, 17, and 22 January 2004.
Sworn statements of dated 16, 17, and 27 January 2004.
Your sworn statements, dated 16 and 23 two) January 2004.

411'
If
Sworn statements of , dated 16, 21, and 22 January 2004.
A f. Sworn statements of dated 16, 22 (two , and 24 January 2004.
9 ti.) Memorandum for Record, dated 11 January 2003 [20041, by

426'0
C12050
5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Defense Counsel, by 1600 on 23 July 2004. Please also furnish this witness information to Trial Counsel, Military Juitice DivisiOn, Office of the StaffJudge Advocate, Fort Car On, Colorado 80913.
C12051
2
AFZX-JA-AL

SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 28 July 2004, at 0900, located in the courtroom, Second Floor, Building 6287, Fort Carson, Colorado.
C12052
3
13July 2004AFZC-JA-AL
(-611t)
ri I
M.EivIORANPUM FOR ort Carson, Colorado
Low
SUBJECT: Article 32(b) Investigation Carson,
.
1. On 28 July 2004, at 0900, in the courtroom, Second Floor, Building 6287, Fort
Colorado, I will conduct an investigation pursuant to Article 32(b), UCMJ to investigate the
facts and circumstances concerning the charges preferred against you b
Wile charges are False Official Statement in violation of Article 10 an Assault in

44(l
d' Article 128.
9 e0
2. You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel. Counsel may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified military lawyer.of your selection, if reasonably available; or a qualified military counsel detailed
• by the Trial Defense Service. There is no cost to you for military counsel. You also have the
riglii `tb waive representation by counsel.

3. The names of witnesses known to me who will be asked to testify at the hearing are:
7(k)
4. Additionally, it is my intention to examine and consider the following documents and
evidence:

a. Charge sheet, 28 June 2004.
b CID Report, 0011-04-CID469-79630, -dated 3 February 2004..4e-Yi lal-e. dated 16 January 2004.
Sworn statement of
d. Sworn statements of ated 16, 17, and 22 January 2004.
ate
( 1) ) e. Sworn statements of dated 16, 17, and 27 January 2004.
'2,
Sworn statements of ated 16 and 23 (two) January 2004. Sworn statements of ated 16, 21, and 22 January 2004.bi4//.
f. Your sworn statements, dated 16, 22 (two), and 24 January 2004. 6 (-2 i. Memorandum for Record, dated 11 January 2003 [2004), by
if-3),1 zej
C 12053

5. As investigating officer, 1 will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Defense Counsel, by 1600 on 23 July 2004. Please also furnish this witness information to rial Counsel, Military Justice Division, Office of the Staff Judge Advocate, Fort. Carso, Colorado
1 80913.
2 C 12054

AFZX-JA-AL SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of ‘copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 28 July 2004, at 0900, located in the courtroom, Second Floor, Building 6287, Fort.Carson, Colorado.
3 ' C 12055
1) EPA (W 1u 3rd Itrigadt Cieteilne ¦'411t lefiantry Divisive! Piccleaniittij 161 . 1 C:ersien, Cellt ads, S0913,
ltitt-: 2(104
. St,oqi 3 • Advoc:v.c.
(UI ItU:tII'of Amide :;2t anti 1;_S. v Investiv.atil! , . 1.1111011.in !he ca.:es •1!. 1.5.S. v.
• her:;;IV e le V e NtiE.3teLIIt ;').1.!C hez! ...1! ary:.'S il; the c:es.-11eadquaiters 11/-.Afticle Addi:i..-.1::t11v, you ',hid! ..ii ;is 1,.!;tin, ii! :;l.:_ dc:med liy l'aft `v itt ys I:if'dnrit1 , 7 the lov..-:, :!;:‘,;Kio Iii both Nicks at...re ,: ihzti nut tu. I IcacItioatters :old 1 letlt uaoer7. t..0otr:ffly. :;; audi 14/
.:. Vow invcsti;N:tion 111 0.1. 'R 2.7-10. Procedural •,..,:lidaoce.i, contailiet! :9 DA k' 21-1 I. Ni(...%1 ;NO6
our t`t: CU:IT:LI:Ai :19d Sli-4, ;11‘1L. :'Ilk.'.1. 1 ¦ 1 ¦ :q 1-i¦ W !Avisiuo, )S1:N. 1 : -:: Ian !aler than louricon. duty days front ihe dale 011.hts c;:lrfespoiKktice. You :nay :portive relsonable t!ele:::,e-rct:ttesItAl delays, 0o1 lu dm% days occa-:iumd reitt!::::ts for anc.1 be excio , 1‘..c1 you:. .t!!diqtedlinie. :cquested &lay:: beyond IWetny-ft)Ilf dayS from the :late of !hir, corr,!..00,nile!we tic immedia!,:ly for%%altied thruogh tilt: trial coio!:A -1 Iii inc for acti,ist. Within 12 !lo(it% iii zool1.11 ,:i•no t)ti v.tfi ,itliver the Qiivitlal e!i .!iuI. C)0kt1es lieP.`! . :- t)1.) :.• mid a •letailo: ill lie iso:emita:iut; 10 die Clienit) Law'1,);;;;\., Fuil
1k u9i: ofm admitil,na:ive firi•or I will'l)i i Mice of The s;;:ti,...ludite Atkueate. )(ail ..1.1)1111 liliS ii:::11 . 111y. It) inilit:Ite iteneail 5 i he Ole I:rititioal thltkS•
• !KU A .1;.• it¦ 03 .' \ .A1'Iii.hIIIa j C iargt. I i:i'it)ii'%Mit In..91:10 OM% ulttli':eafer idd' lea T1 /V. tj7: 1,;;:: it; tile pi'nit!'• aodt.ike:: •

•C12056

DOD 13713

AFZC-JA-AL 16 June. 2004
MEMORAI1D FOR Headquarters and Headquarters Company, ort Carson, Colorado 80913 • /..-/SUBJECT: Article 32(b) Investigation
t, g 6 Colorado, I will conduct an investigation pursuant to Article 32(b), UCMJ to investi ate facts and circumstances concerning the charges preferred against you by The
charges are Conspiracy in violation of Article 81, False Official Statement m violation of Article 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, and Obstructing Justice in violation of Article 134.
1.
On 23 June 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson, e i

2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel. Counsel may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified military lawyer of your selection, if reasonably available; or a qualified military counsel detailed

• byte Trial Defense Service. There is no cost to you for military counsel. You also have the right to waive representation by counsel.
3. The names of witnesses known to.me who will be asked to testify at the hearing are:
a. SA
/ /. L'13. SA
6-in c. SAS.

Mr. 'o 6 '
f. SPC
(13-. SPC

CPT
4. Additionally, it is my intention to examine and consider the following documents and evidence:
a. Charge sheet, 8 June 2004.
7 11.____01. CID Report, 0011-04-C1D469-79630 dated 3 February 2004.
Sworn statement of 11111111111111111111111111== dated 16 January 2004.

d. Your sworn statements, dated 16 17, and 22 January 2004.
4 ‘--2)%(--.5.b.: rn dated 16, 17, and 27 January 2004.
Sworn statements of Sworn statements o dated 16 and 23 (two) January 2004. b a(-2-)M-7•Cg• Sworn statements of dated 16, 21, and 22 January 2004. '
(c)
Sworn dated 16, 22 (two , and 24 January 2004.
Swo statements of
...-----.------41i.. Memorandum for Record, dated 11 January 2003 [2004], by
C120517

5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the-hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Def tinsel, by 0900 on 21 June 2004. Please als9 furnish this witness information to C Trial Counsel, Military Justice Division, Office of the StaffJudge Advocate, Fort Carson, Colorado
80913.
C12058
2
AFZX-JA-AL SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of a copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 23 June 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
3 ' C12059
16 June 2004AFZC-JA-AL
MEMO UM FOR eadquarters and Headquarters ') & Company, ort Carson, Colorado 80913
SUBJECT: Article 32(b) Investika ion
I. On' 23 June 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson,
Colorado, I will conduct an investigation pursuant to Article 32(h), UCMJ, to investi a te the 4.7,
facts and circumstances concerning the charges preferred against you by _ The
charges are Conspiracy in violation of Article 81, False Official Statement m violation of

(-1. 1 Article 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, and , ,, Obstructing Justice in violation of Article 134. The additional charge is Assault in violation of 4 'i (-A-Article 128.
2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during.the investigation by legally qualified counsel. Counsel may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified military lawyer of your selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have th6 right to waive representation by counsel.

3.
The names of witnesses known to me who will be asked to testify at the hearing are:

4.
Additionally, it is my intention to examine and consider the following documents and evidence:

Charge Sheet, dated 8 June 2004.
Additional Charge Sheet, dated 15 June 2004.
CII) Report, 0011-04-C11)469-79630, dated 3 February 2004.
Sworn statement of dated 16 January 2004.
Sworn statements o dated 16, 17, and 22 January 2004.
Your sworn statements, dated 16, 17, and 27 January 2004.
Sworn statements of dated 16 and 23 (two) January 2004.
Sworn statements o dated 16, 21, and 22 January 2004.
Sworn statements of dated 16, 22 (two), and 24 January 2004.
Memorandum for Record, dated 11 January 2003 [2004 b
. C12060
bt 16g
5. As investigating officer, I will try to arrange for the appearance of any witnesses that you wantto testify at the hearing. Send names, addresses, and phOne numbers, and a briefsynopsis of expected testimony of such witnesses to me, through your detailed Trial Def by0900 on 21 June 2004. Please also fiirna this witness information to CP Trial Counsel, Military JUstice Division,.Office of the Staff Judge Advocate, Fort Car n, Colorado80913.
111111r) `-3
2 ' 12061.
AFZX-JA-AL SUBJECT: Article 32(b) Investigation
• •••••-•.
I hereby acknowledge receipt of a Copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 23 June 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
111•190'
4 16'i
'
(1.2062
3
DEPARTMENT OF THE ARMY
3rd Brigade'Combal Team, 4th Infantry Division (Mechanized)

Fort Carson, Colorado 80913
16 June 20111/5
AFZC-FC LL)

MEMORANDUM FOR ffice of The StaffJudge Advocate, Fort Carson,
Colorado 80913
SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of U.S. vallaillian /t /1 i"C)
U.S. v.
b/A
I. You are hereby designated to investi ease of 11111111111111111111111 ) ht if)(C)
under Article 32, UCMJ. You
will investigate tthe addniona charge m conjunction wi the origins c arges. 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.
2.
Your investigation will be conducted TAW Article 32(b), (JCMJ, R.C.M. 405, MCM (2000 Edition) and AR 27-10. Procedural guidance is contained in DA Pam 27-17.

3.
Your investigation will be completed and forwarded to the Criminal Law Division, OSJA, Fort Carson, Colorado, not later than fifteen duty days from the date of this correspondence. You may approve reasonable defense-requested delays, not to exceed ten duty days in length, occasioned by scheduling conflicts or defense requests for witnesses, and such periods will be excluded from your allotted time. Any requested delays beyond twenty five duty days from the date of this correspondence will be immediately forwarded through the trial counsel to me for action. Within 72' hours of completion of your investigation you will deliver the original Investigating Officer's Report, DD Form 457, with enclosures, and a detailed chronology of the investigation to the Criminal Law Division, OSJA, Fort Carson, Colorado.

4.
Your clerical and administrative support will be provided b of she Criminal Law Division, Office of The StaffJudge Advocate. You may contact t 526-0496. The du tq-uniform should be worn at this hearing to facilitate witnesses returning-to regular duties. .

5.
You are reminded that Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This investigation is your primary duty until completed and takes precedence over all other assignments, including field duty, scheduled leave or TDY.

C12063

DOD 13720

h b' AIDDITO L CHARGE SHEET 1 I. PE ONsNAL DATA - '
L
1. NAME OF ACCUSED (Last. first.1). Z. 3. GRADE OR PAY GRADE
. ....-RANK
MR

5. UNIT OR ORGANIZATION— S. CURRENT SERVICE
a. INITIAL DATE b. TERM
Headquarters and Headquarters C'pany,
MUM Fort Carson, CO 80 13 I.,. 4,,__, 1,,w
/ INDEF
7. PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
$2980.20 $29 0.20 NONE . N/A
N. CHARGES AND SPECIFICATIONS
10. ADDITIONAL CHARGE 11 VIOLATI N OF THE UCIVU,ARTICLE 128 •
The SPECIFICATION: In that U.S. Army, did, at or near Balad, Iraq, on or about 4 December 2004, commit an assault upon a large Iraqi male by detaining him at an auto shop in Balad, transporting him to the pontoon bridge in Balad, Iraq, andpushing him into the Tigris River with a force likely to produce death or grievous bodily harm, to wit: pushing the Iraqi male into the Tigris. River.
i
1,/1 ii (4-).

,,,..-1
P i.i'l
i--3
III. PREFERRAL -Via. NAME OF t, Mi) b. GRADE c. ORGANIZATi OF ACCUSER
CPT HNC,.
d. SI e. DATE
15 .71.Yulifi •
A FFIDA VI', the undersigned,'thotizzd y law to administer oaths in cases of this character, personally appeared the
above nam is /53L day of a (-5.% e', 2004, and signed the foregoing charges and specifications under oath
that he/she n.subject to the Unife Code o ilitary Justice and that he/she either has personal knowledge of or has
investigate tters Set forth therein • nd that the ame are true to the best of his/her knowledge and belief.

. HHC, 7th ID (M)
Typed Nether of Officer. ..Organization of Officer
Article 136, UCMJ
Official Capacity to Administer Oath (See R. C.114. 307(b) - must be a commissioned officer)
Signature
f-1 2064
I. NAME OF ACCUSED (Last F.. --'.'3. GRADE OR PAY GRADE
RANK'
__.'.. -
5. UNIT 0 0'IZATION' 6.' CURRENT SERVICE
a. INITIAL DATE'D. TERM
Headquarters and Headquarters Company,'
(Mechanized),•Fort Carson, CO 80911 '

.--*/ i-inin
7' INDEF
7. PAY PER MONTH ' B. NATURE OF RESTRAINT OF ACCUSED '9. DATE(S) IMPOSED
•'
a. BASIC'b. SEA/FOREIGN DUTY'c. TOTAL
52980.20' 5298020' N/A Ii. CHARGES AND SPECIFICATIONS.''
10. CHARGE. I'VIOLATION OF THE UCMJ, ARTICLE 81 ' -A
SPECIFICATION 1: In that U.S. Army, did at or near Samarra, Iraq,
—._ . on or about 3 January, 2004, conscire with ' i and' to commit an offense under the Uniform 'o e of Military'us ice, to wi : to assault 'and and in order to', effect the object of the conspiracy;the said ' _Won• with
.___.--
—'
and'retained' and
antransportedthem o a bndge in the city of Samarra. Iraq, where the said
eutenan 'ave an order to push them into• the Tigris River.

SPECIFICATION 2: In that '---' near Samarra, ra
Janus'and 16 January 2004, .conspire wit Si Arm ' did at 'ea'a''cl.
200ffillMIII"t1' and' Code' of • ili,a
to commit an offense under the Uniform. Code'
Justice. to Wit: endeavorio irn'' e a crimi al investi ation by ..._!_l !__ _ IJ-ncine to den in their
On'
official statements to'iha' and' were pushed into the Tigris River. • (SEE CONTINUATION SHEET)
\--.4
9 c0'
3 -
ii-1 -
:Ia.'.::e'4 SER L'First A41)' III. PREFERRAL to. GRADE'C. ORGANI'TION OF ACCUSER
2. sioNAru' CPT'HHC.'41D (M)e: DATE
a44
.' .

AFFIDAVIT:'me. the undersigned, a thoriz d by law to administer oaths in cases of this character. personallv appeared theabove named a'this'I'day of'UN'. 200-1, and signed the foregoing charges and speciticatiQns under oaththat he/she is a'in subject to the Unifor'Code , f Military Justice and that he/she either has personal knowledge of or hasinvestigated th,'tees set forth therein 'that tit. same are true .to the best or his:lier knowledge and belief.
HHC. 410 (M)Typed Name of Officer' Organization of Officer
CPT' Article 136, UCMJGrad' Waal Capacay to Aomsmsrer Gain
.'---- — (See RCA. 307(0t - must be a convnessionec oF:cer)
-- _ Signature
'
OD FORM 458, AUG 2000 PREVIOUS EDITION IS OBSOLETE.
012065
NTINUA ORM 458, 4t n entry Division, ort Carson, CO 80913
Item 10. continued:
Charge II: VIOLATION OF THE UCMJ, ARTICLE 107
U.S. Army, did at or near Tikrit,SPECIFICATION: In that
•Iraq, on or about 16 January with the intent o declive, ake t a CID a ent a sworn
_official statement, to wit: that and
were stopped, searched and re eased to their ve icle and that he persona y wi nessed
the two individuals on the side of the roa convoy departed the area; w ich statement
was totally false and was then known by to be false.
• CHARGE HI: VIOLATION OF THE UCMJ, ARTICLE 119
-SZECIFICATION: In that U.S. Army, did at or near
Sainarra,. tT :•ary.200 whirri...1...111Wt offense directly affecting the
L 3erpe rafing-anperson of. to wit: push him into the Tigris River at nighttime, unlawfully kill by owning.
CHARGE IV: VIOLATION OF THE UCMJ, ARTICLE 128
SPECIFICATION: In that 111101111111111111.1111111111 U.S. Army, did at or near
rn

Saarra, Iraq, on or about anuary 2004, commit an assati t Uponus by pushing him into the Tigris River at nighttime.
CHARGE V: VIOLATION OF THE UCMJ, ARTICLE 134
SPECIFICATION: In that, U.S. Army, did at or near
11111111111111111111111
Samaria. Iraq, on or betwe n January 2004 and 16 January 04, wro full endeavored to gimoedeisan inv ' tion b sel 'vin• a s om statement denying that nd were pushed into the Tigris 1 r n that e .-aw em start • tag at t e s oreline as is convoy departed the area.
012066

[ TRANSMISSION VERIFICATION REPORT 1

TIME NAME FAX 06/091'2804 16:28.I I'/ .A /1/
TEL
DATE.TIME FAX NO./NAMEDURATION PAGE(S)RESULT AWE 06/09 16:".965238 00:00:42 02 OK STANDAPT
ECM

(1.2nRS
DEPARTMENT OF THE ARMY
Office of The Staff Judge Advocate, 7th Infantry Division

r/1/
Fort Carson, Colorado 809134303
L)tAill
AFZC-JA-CL 9 June 2004
FACSIMILE COVER SHEET
TO: FROM:
bra
1.1111.1111, UMW ORGANIZATION: DATE: Office of The Provost Marshal 9 June 2004 RECIPIENT'S u2 NUMBER: NO. OF PAGES INCLUDING COVER SHEET:
(719) 526-DSN 699111. 2 RECIPIENT'S PHONE NUMBER: SENDER'S FAX NUMBER
09) 526-1IRDSN 699-111111 .(719) 52611111/DSN 69111111111. REFERENCE: SENDER'S PHONE NUMBER:
.
Request for NCIC Report of Soldier (719) 526-11010.
Pending Court-Martial DSN 691-$111111111.

. URGENT . FOR REVIEW . PLEASE COMMENT . PLEASE REPLY'. PLEASE RECYCLE
NOTES/COMM ENTS:
DEPARTMENT OF THE ARMY
Office of The StaffJudge Advocate, 7th Infantry Division
Fort Carson, Colorado 8090-4303.

AFZC-JA-CL 9 June 2004
MEMORANDUM FOR NCIC Coordinator, Office of The Provost Marshal, ATTN: AFZC-Y­MP, Fort Carson, Colorado 80913 SUBJECT: Request for NCIC Report of Soldier Pending Court-Martial
1. This office is preparing court-martial charges against the soldier(s) stated below, and hereby
requests a copy of NCIC Report of the soldier(s).
NAME • '11.111111.11 SSW! UMW DOB Mir
3. POC is the undersigned at (719) 526-4766 / DSN 691-4766.

9 SP7

AFZC-JA-AL 23 June 2004
I
t-
MEMO Headquarters and Headquarters
Company, ort Carson, Colorado 80913

3 1 / 6 Z t t...C)w
-
SUBJECT: Article 32(b) Investigation
1.
On 8 July 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson, Colorado, I will conduct an investigation pursuant to Article 32(b), UCMJ to investigatee th facts andcircumstances concerning the charges preferred against you by The charges 142 i / 3 are Conspiracy in violation of Article 81, False Official Statement in vto anon o b 66 Article 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, and 6 7 ) Obstructing Justice in violation of Article 134. The additional charge is Assault in violation ofArticle 128.

2.
You have the tight to be present during the entire investigation. Additionally, you have the
right to be represented at all times during the investigation by legally qualified counsel. Counsel
may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified
military lawyer of your selection, if reasonably available; or a qualified military counsel detailed
by.the Trial Defense Service. There is no cost to you for military counsel. You also have the
right to waive representation by counsel.

3.
The names of witnesses known to me who will be asked to testify at the hearing are:

a.
SA

b.
SA

SA
. Mr.

e. SG
SPC
SPC
CPT

4. Additionally, it is my intention to examine and consider the following documents and
evidence:

a.
Charge Sheet, dated 8 June 2004.

b.
Additional Charge Sheet, dated 15 June 2004.

r9() c. CID Report, 0011-04-M469-79630 dated 3 February 2004. Sworn statement of ed 16 January 2004. Sworn statements of dated 16, 7, and 22 January 2004.
f. Your sworn statements dated 16, 17, and 27 January 2004. e— Sworn statements o ted 16 and 23 (two) January 2004. 7CeJ.Sworn statements of ated 16, 21, and 22 January 2004.
Sworn statements of dated 16, 22 (two and 24 January 2004. Memorandum for Record, dated 11 January 2003 [2004], by
012070
DOD 13727
5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial Defense Counsel, k""),\ 1600 on 1 July 2004. Please also.furnish this witness information to CPTIIIIIIMMIpTrial Counsel, Military Justice DivisiOn, Office of the StaffJudge Advocate, Fort Carson, Colorado 80913.
C12071
2
AFZX-JA-AL
SUBJECT: Article 32(b) Investigation

I hereby acknowledge receipt of a copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 8 July 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
11115 7.14
;;V:;• ,. •
' 012072
3
AFZC-JA-AL 23 June 2004
17(0
MEMO Ieadquarters and Headquarters Company, ort Carson, Colorado 80913
SUBJECT: Article 32(b) Investigation
1.
On 8 July 2004, at 0900, in the courtroom, First Floor, Building 6287, Fort Carson, Colorado,
I will conduct an investigation pursuant to Article 32(b), UCM t facts an 1/-1'
circumstances concerning the charges preferred against you by e c arges z
are Conspiracy in violation of Article 81, False Official Statement in violation o
Article 107, Manslaughter in violation of Article 119, Assault in violation of Article 128, and 2(6)
Obstructing Justice in violation of Article 134.

2.
You have the right to be present during the entire investigation. Additionally, you have the
right to be represented at all times during the investigation by legally qualified counsel. Counsel
may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified
military lawyer of your selection, if reasonably available; or a qualified military counsel detailed
by the Trial Defense Service. There is no cost to you for military counsel. You also have the
right to waive representation by counsel.

3.
The names of witnesses known to me who will be asked to testify at the hearing are:

tt•-•)ra. SA
b. SAl
6 d_zi' Mr.. SG
_
SPC:.
. SPC
. CP

7 C)
4. Additionally, it is my intention to examine and consider the following documents and evidence:
g 44.
e0
a.
Charge sheet, 8 June 2004.

b.
CID Report, 0011-04-CM469-79630, dated 3 February 2004. Sworn statement of ted 16 January 2004.

d.
Your sworn statements, dated 1 anuary 2004. Sworn statements of dated 16, 17, and 27 January 2004. Sworn statements o dated 16 and 23 (two) January 2004.

worn statements o f ated 16, 21, and 22 January 2004. Sworn statements o dated 16, 22 (two and 24 January 2004.
i. Memorandum for Record, dated 11 Jamiaty 2003 120041, by
C12073

5. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names, addresses, and phone numbers, and a brief synopsis of expected testimony of such witnesses to me, through your detailed Trial nefense Counsel, 1600 on 1 July 2004. Please also furnish this witness information to CPT Counsel, Military Justice DivisiOn, Office of the StaffJudge Advocate, Fort arson, o rial
rado 80913.
'
2 012074
AMC-IA-AL -SUBJECT: Article 32(b) Investigation
I hereby acknowledge receipt of a copy of the memorandum notifying me of the Article 32(b) Investigation. I further understand that the hearing will be conducted on 8 July 2004, at 0900, located in the courtroom, First Floor, Building 6287, Fort Carson, Colorado.
..Z4,;•::. •
3 0 12075

AFYB-CG
MEMORANDUM FOR SOLDIER'S NAME, UNIT, 4th Infantry Division (Mechanized)
SUBJECT: Grant of Testimonial Immunity and Order to Testify
1. As an officer empowered to convene general courts-martial, under the provisions of Rule for
Courts-Martial (RCM) s704, I make the following findings

a. Soldier's Name received nonjudicial punishment on for his involvement in the
events that led to the court-martial charges pending against

b.. Soldier's Name possesses information relevant to the case.
c.
Soldier's Name cannot convey this information without exposing himself to possible future criminal liability under the Uniform Code of Military Justice (UCMJ).

d.
Soldier's Name testimony in the prosecution of this case and his cooperation with law enforcement officers, investigating officers, and counsel investigating these allegations is necessary to the public interest, including good order and discipline of this command.

e.
If asked to make a statement or if called to testify, Soldier's Name may invoke his right against self-incrimination, and may not testify without a grant of testimonial immunity.

2.
On the basis of these facts. under RCM 704.1 order Soldier's Name to fully cooperate with. and provide truthful and complete information to law enforcement officers, CID, and attorneys during the investigation and to testify at the trial and any hearings in the above-titled case. Any information given by Soldier's Name pursuant to this order, or any information directly or indirectly derived from such testimony or other information, shall not be used against him in a trial by court-martial, except prosecution tbr perjury or giving false statements or otherwise failing to comply with this order.

3.
This order is issued under my authority under RCM 704, and under Sections 6000-5, Title 18, United States Code. This is a grant of testimonial immunity only, not a grant of transactional immunity.

1.1.1111.2 Commanding
9 C 6/ C'12076
DOD 13733
CHARGE SHEE
1. NAME OF ACCUSED (Last, First.IJ I. - - SONAL DATA 2. SSN 3. GRADE OR RA PAY GRADE
5. UNIT OR ORGANIZATI • N Head u . . nd Headquarters Company, - .. . .. . ort Carson, CO 80913 7. PAY PER MONTH' .- / 1-­/ 1-$"'t 8_ NA7UPEOF RESTRAINT OF ACCUSED 8. C'RENT SERVICE a. INITIAL DATE 1 June 2002 b. TERM Indef Q. DATE(S) IMPOSED

a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
$2970.60 $2970.60 N/A•
IL CHARGES AND SPECIFICATIONS
/2(9
10. CHARGE: I VIOLATION OF THE UCMJ, ARTICLE 81 . ,...., SPECIFICATION 1: In that . : • • • ,t or near Samarra, Iraq, on or about .3 Jan 2 , conspi - wi 4
and • corn an offense u • er i z a 1 • • • •
i i ary ustice, to wi : o asiau t : • • andin order to e!

,
effect the Wect of e conspire , a ong wi Inl
a detained an.
n.ranspo ed them o a • n• ge in e city of Samarra, Iraq, where he said

r
ave an order to push them into the Tigris River.
s.....„ •:,,
,Q, •'.' .,. e6
SPECIFICATION 2: In that .S..A m • I -- r Sa arra Iraq, on or . ,..,
between 3 Janua 2004.an .1.6'.Jaluary 2004, conspire wit'

and' to commit an offense u • er the Uniform'• • -,'i 4111 , &'us'-
wl. :'a'ot 400-.GEE6:01 Investioation b wron.ful influencine

I • to.deny in heir
o iCia statements o C 9 a = d were
pushed into the Tigris River.

____.•
(SEE CONTINUATION SHEET)
jg 1, 4g2fla
III. PREFERRAL
11a. NAME OF ACCUSER (L.Filst, Ml) b. GRADE c. ORGANI'TIO'CCUSER
CPT I . HHC D(M)
d. S GNATURE OF ACC'ER' 1 e. DATE

AFFIDAVIT: Before me, the undersi ed, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this day of , 2004, and signed the foregoing charges and specifications under oath that he/she is a person subject to the niform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth th rein and that the same are we to the best of his/her knowledge and belief.
HHC, 410 (M)
Typed Name of Officer. Organization of Officer
CPT Article 136, UCMJ
Grade. Official Capacity to Administer Oath (See R.C.M. 307(8) - must be a commissioned officer)
Signature
DD FORM 458, AUG 2000 PREVIOUS EDITION IS OBSOLETE.
012077
DOD 13734

CONTINUATION SHEET DP FORM 458 4th Infantry Division, Fort Carson,
5..
b3'I Item 10, continued:
Charge II: VIOLATION OF THE UCMJ, ARTICLE 107
SPECIFICATION: In that U.S. Army, did at or near Tikrit, Iraq;
on or about 16 Januar 004, wit ceiv a CID a ent a sworn official
statement, to wit: that and were

stopped, searched an re ease o walk to their vehicle an that e persona y wi essed the
two individuals on the side of the roa his co de arted the area, which statement was
totally false and was then known by o be false.
CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 119
SPECIFICATION: In that U.S. Army, did at or near Samarra,Iraq#; or about. 3 January 2 e perpe ra in ano ense directly affecting the person.of to wit push him into the Tigris River at nighttime, unlawfully kill.", ing.
CHARGE IV: VIOLATION OF THE UCMJ, ARTICLE 126
SPECIFICATION: In that, .S. Arm , did a. or near Samarra, Iraq, on or about 3 January 2004, don) it'an assault upon by pushing him into the Tigris River at nighttime.
CHARGE V: VIOLATION OF THE UCMJ, ARTICLE 134
SPECIFICATION: In that,1111111111.111111111.1 U.S. Army, did at or near Samarra, Iraq, on or between 3 January 2004 and 16 January 2004, wr n ful end vored to impede an investigation b falsely givin a sworn statement denying the and
were pushed into the Tigris River an a e saw the star ing at es oe ine s convoy departed the area.
012078

11-1-11,— ri(6)

CHARGE SHEET
L P SONAL DATA
I. NAME OF ACCUSED (Last First,.) 2. SSN GRADE OR 4.'Y GRADE K
5. UNIT OR ORGANIZATION 6. C'SERVICE n a. INITIAL DATE b. TERM
Head. uarters and Headquarters Company, Fort Carson,.CO 80913
.• /..--.
-, INDEF
7. PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY C. TOTAL
$2980.20 $2980.20 • N/A
IL CHARGES AND SPECIFICATIONS
10. CHARGE: I'VIOLATION OF THE UCM../, ARTICLE 81
SPECIFICATION 1: In that did r a raq,_.4
orier. about 3 Janpa 201 ' , cons .ire
nd , • an. UndOt e Uniform Code o
IMilitary Ju ce, to wt : o assau ncl -Ai $ I order to
effect the 13* the conspirac e -sa one WI .
and • e acne • .' an $

an anSpo them to a •r • ge in ( e city of Samarra, Iraq, ere - said
-leutenant gave an order to push them into the Tigris River.
SPECIFICATION 2: In that rm.. -di t or, near,amarra, Iraq, o or between 3 Janua.. go 44ild:1$4nuary 2004, conspire with and o commit an offense underthe nifOnn;, : o e O ; t 4 uOpe, • WI, endeavorto • on al invest'• ation by wron 0 fully influencing
AO • °ny In Or `oificuts atemen s . g . . were pushed into the Tigris River.
(SEE CONTINUATION SHEET) •
/1(-2,/ i‘-3, I c.).
2 /Lbw/
.Z7 /, -
III. PREFERRAL
lia. NAME OF ACCUSER (Le , Fifa, MI) b. GRADE C. ORGAN'OF ACCUSER
CPT HHC„ 41DAM)
d. SIGNATU • I e. DATE
AFFIDAVIT: Before me, the under igned, authorized by laW to administer oaths in cases of this character, personally appeared the above named accuser this 4y of , 2004, and signed the foregoing charges and specifications under oath that he/she is a person subject to th Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters spt forth therein and that the same are true to the best of his/her knowledge and belief.
Mi
YY .
HHC, 4ID (M)
Organization of Officer
CPT Article 136, UCMJ
Grade . )•) Official Capacity to Administer Oath(See RCM. 307(4) - must be e commissioned officer)
Signature
DD FORM 458, AUG 2000 PREVIOUS EDITION IS OBSOLETE.
C12079
DOD 13736

q

CONTINUATION SHEET DD FORM 458
th In ntry Division, Fort

arso
Item 10, continued:
Charge II: VIOLATION OF THE UCMJ, ARTICLE 107
SPECIFICATION: In thatralgaIIIIINIMIWIU.S. Army, did at or near Tikrit, Iraq, On or about 16 January with he 'n eive, • ID sworn official statement, to wit: that and were stopped, searched and teleated to walk to their vehicle on that tio personally witneste the two individuals on the side of the road as his convo rted . area; which statement was totally false and was then knownby to be false.
CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 119
'SPECIFICATION: In that U.S. Army, did at or near on o e petpe ra 'an offense directly affecting the 0 to wit: push him into the Tigris River at nighttime, unlawfully by drowning.
CHARGE IV: VIOLATION OF THE UCMJ, ARTICLE 128
, timmilm.
SPECIFICATION 1: In that U Isrmy, did at or near Samarra, Iraq, on or about 3 January 2 04, commit an assault upon Illiby pushing him into the Tigris River at nighttime.
SPECIFICATION 2: In that U.S. Army, did, at or near Balad, Iraq, on or about 4 December 2004, commit an assault upon a heavyset Irac(itnale by detaining him at an auto shop in Balad, Iraq, transporting him to the pontoon bridge in Balad, Iraq, and pushing him into the Tigris River with a force likely to produce death or grievous bodily harm, to wit: pushing the Iraqi male into the Tigris River.
CHARGE V: VIOLATION OF THE UCMJ, ARTICLE 134
SPECIFICATION: In that,OIIMNIIIIIIIIIIIIIIIIIIIIIIIIIPIS. Army, did at or near Samarra, Iraq, on or between 3 January 2004 and 16 January 004, wro full endeavored to impoede an in sr n b
i swam statement denying tha and ere pushed into the Tigris River an at he saw t em stan • mg a the shoreline as his convoy departed the area.
C12080

EVIDENCE SUMMARY
-.SUBJECT: Death of111111.11111/1111411111111111.
1111111.111111111111.1AG-6 Plf419)

6
Background: FOB. Eagle hit with mortar fire at 1625 on 2 JAN 04 1‘-2-1
is fatally wounded in this attack. (Strykers) has 1i BN in Balad due to Operation Ivy Blizzard.
d"". /
BN is in Samarra at the time of the attack; returns to Balad to conduct
operation that same evening/early morning.

Brigade INTSUM for period 0601 02 JAN — 0600 03 JAN 04:
f;_/ i2_/ catiz,
3"
11111.Conduct Cordon and Search. On/030048JAN6,114 conducted a cordon and
search vicinity MC 2160 6124. The target of the cordon and search were to apprehend
614., 2-
individuals suspected of conducting mortar attacks on FOB Eagle. During the cordon and
search, 11 x personnel were detained; two enemy personnel were KIA, and 30 x AK 47's
were confiscated. The detainees were transported to FOB Eagl for further questioning. (NFI) (3 JAN /riBATTLE CPT)"
UCO Memo, dated 22 JAN 04: elow.is rbatim text copied from the UCO Memo, submitted by'
He ultimately recommended that no compensation be paid to the, fariiity bUt'bring the claim to my attention.
1 f_,—aspN had valid information identifying,the deceased as an IED planter and a terrorist cell planner. The Balad City.Police chief witnessed e deceased running from the scene of a previous IED attack.
17.—/ 1.. According to witness statements: conducted a cordon and search of the claimant's father's home (the deceased). Upon entering a 2 nd story room the suspect was seen holding a pistol and pointing it in the direction of the clearing team. A soldier on the clearing team reacted to the hostile threat, firing 2 controlled shots at the deceased killing him.
Claimant: The claimant feels her father was executed and was a poor innocent man_ The claimant is a well educated female teacher, which further packs upreports of her father's high standing within the Ba'ath party.
1-3 ze-
Another male who was in the home,
was detained and released and gave the following statement US forces came to the home and•woke up the family while in kick in the door. He opened the door and was quiCkly placed on the ground and restrained. he decease was r out also restrained and
pi o • egan as name. When was identified, US soldiers lifted him up and took him into a separate room. 1191111 and all female occupants were taken outside.
eadalms US forces came out of the house with a body bag, loaded it in a Bradley fighting vehicle and drove away. Upon entering the homeinifound a pool of blood in the room where had been taken.
Upon interviewing the company commander reference the facts of this case, I was informed the information
out was valid and he was a leader of a terrorist cell working in the local area responsible for attacks against US forces. After all males were detained in the living room, like normal for questioning," soldiers began asking the names of the males to identify the target suspect. When the target suspect was identified. the males were parated for questioning, at which131a1.11,1unged for a pistol in the room."
'
1
012081
DOD 13738

Claimant gave US forces the following statement; (Original statement is in
English) I have re-typed the statement below — it is a verbatim transcription of
their statement_
In The Name of God Most Gracious Most Merciful
On the third of January 2004, 2.00 A.M., our house had been attacked by American troops, while we were sleeping, American troops destroyed the outer door and fence by armored vehicles during the raid where the soldiers stormed into the house taking women outside the house, arresting our young guest tightening his hands together and placed him in the outdoor.
They kept our father inside, who was physically. disabled retired old man, walking only through the aid of crutches due peripheral neuropathy and muscular atrophy cause by long standing disease of Diabetes Mellitus and hypertension that is documented earlier. Then the soldiers pulled our father to the west room where they shot him dead, where which there is still blood patch on the carpet, after that they put him in the sac and dropped him in the armored vehicle.
The soldiers took fhre million I,D. along with gold jewelry worth eight million I.D., not to mention the huge sabotage to the house and furniture costing about four million I.D. The troops searched the house thoroughly and they did not find any weapons, or documents that verify my father was supporter of insurgents or anti-American activists, we asked the CPA local agent about the following measures:
1.
Settling a mutual account committee for the excessive force and aggressiveness measures that used without need, documenting any Of these acts and acting to prevent them in the future.

2.
If there is no evidence incriminating our father, so he must be considered as innocent until otherwise proved. It is not heroic tb kill an old, handicapped, retired man living peacefully him . home, it is a plain murder.

3.
This murder is arbitrates act and oppression: so we demand complete compensation: financial and moral.

Family of the Murdered 111011111ar
-The family also provided us a copy of ath certificate and various medical records, dated 24 APR 2001, that state he has some sort of spinal condition or degeneration. It is specifically referred to as degenerative spondylosis. The most recently dated medical document is 14 SEP 2003.
-Pictures of the house are included. They show clothing dumped out, items in disarray, etc. The walkway outside is also damaged.
2 012082
DOD 13739
initially received the following 2 sworn statements with the claims packet. Both
were takpn at amarra the day following the incident. ti

0-1 49-4 L"
(1250, 4 p04): On 3 Jan 04 around 0130 conducted a raid on Kise vic MC21430 61320. As squad entered one house an / began clearing the or, they found the target individual holding a 32 mm pistol. 11111---6 6'4) 1
ngaged the individual with 2 controlled pair. Upon initial medical treatment, /DNA medic,
eclared KIA. The body was loaded on BF 3 and taken to Attack
FOB. 14,) dj-3
44111( 640 -'i ; W)(6)-11) Lo411,

L-,- .4 i-3
(1415, 4Jan04): On 03 Jan 04 at aprox 0 30
conducted a raid on the home of1111111110al vic grid111111¦1111111101As 1 squad cleared the house and the second story the target individual was holding a 32 mm pistol. using a d_2, ii-fi t controlled pair shot group engaged the target. r Platoon medic,after attempting )
medical treatment, declared the individual KIA. The body was then loaded onto Bradley #A13 and
taken to Attack FOB.
4)/1-3

UCO Memo, dated 3 MAR 04: CPT 111111111submits an amended UCO memo attempting to clarify the incident. The new anguage appears below:
"The original claim was submitted for denial with the wrong witness statements. The statements
from the shooter and the other soldier in the room were not included in the previous claim as
believed by the UCO. The UCO submitted the witness statements from the Company Intel Officer
and the Platoon Leader from the mission, which were given to S2 to identify all detainees. The
witness statements did not match the statements made by the commander and this led to some

confusion.
At this time all witnesses have been asked to resubmit their witness statements due to the loss of
the original statements."

— Three addition,a1 sworn statements now accompany the claims packet
1-2- 61-3
0035, 4Mar04): It is now the middle of the night and I was woken up to write
another statement on something that happened about two months ago.

On 04 Jan 04 in the I ni hours my unit conducted a mission to capture a suspected
planner of attacks against c i My squad entered the house to clear, search,
and detain all personnel there We immediately separated the women and children and were beginning
to search the males. On mangy was putting up a struggle so I told.rn guh..4 mriLlarn to
another room thinking he might calm down a little. The Platoon Sgt cgilelii itE ass st. As

as moved into the other room I saw him grab something, I s oute that he had something
in his hand (which turned out to be a gun) and shot' i Ead,of tatem

/4... I7..-1 Lowl
4.0‘ -2 -c
2 al (1533, 4Mar04): On 3 Jan 04 sometime e
e morning, platoon had the
mission of a cordon and attack. My role was to move with squad until the'ouswas clear then.
move their EPWs and establish an EPW t' • if

The tgt invdividual was strugg ing with members of 411 sqd so he was moved to
"
another room. I come in to assist by calming the individual down. I thought he had settled down enough
to detain. I turned to ask for some prostic cuffs, when'houted something to the effect
that the man was grabbing something. I turned saw a pistol in the mans hand and fired a controlled pair.
the arm was still coming up and I fired a third shot in his head The platoon medic came in and said the

3 a-2, it(-3
012083
DOD 13740

man was dead. Some of the exact details may be a little different this is the second statement I've made for this event. End of Statement.
(2351, 4Mar04): On the night of 03 Jan 04 my company conducted cordon and seth On 3 separate Objective areas in order to detain the cell responsible for multiple IED attacks in Salad over the revious.wpek. The leader of the cell was a former SSO officer and ranking. Ba'ath party member
Lcently returned tOffie area prior to the IED attacks. Multiple informants, to
include the alad Police Chief indicated that. /cell was responsible for 4 IEDs to include the bomb that
ecLI_Lhe Baled Patrol Chief and 6 other Ira Officers.
While conducting search operations in residence the senior squad leader identified the target.

EIWIN reaching for a weairhelqyaVe to alert him
aiader yelled to the nearest soldier, tnethreatof 111111111 shot mYrtglii4ounding hid]. /16-:': '1146 9"-----the time
AT-"—
me of the shooting, I was outside the house talking to the female residents with my interpreter. I r.s o over the radio to give an update once he developed the —lituation. Soon after that, and briefed me on the action.
I had the platoon leader and my Intel officer write basic statements on the incident with statements from the other 16 detainees. Based on rnyprOximity to the action and the Battalion Commander outside the courtyard, I did not have the individuals write full tatements. 1 w the incident on scene and was confident all actions were within ROE. 1,(-2.. 4:7
About a week later, approached me for clarificatiorion the incident based on a claim from one of the women I was talking to. I had and write full statements and handed them too' that evening. • Ap arently, the state is were not included in the Claims Submission. On 4 March, 4111.111111111asked me t have both indivi als re-write the statements in order to clarify the . incident - Follows— •
4 012084
DOD 13741
INVESTIGATING OFFICER'S REPORT
(Of Charges Under Article 32, UCMJ and R.C.M.,405, Manual for Courts-Martial)

1 a. FROM: (Name al" btrestigating Greer -.b. GRADE c. ORGANIZATION d. DATE OF REPORT Garr, first. MR
'Office of the Staff Judge Adyocate Z-1-1/— /
ORMERIV--. I , — ,, H__1111 7086 Albanese Loop, Building 6285 .
(9 Aug 2004
I Fori Carson. CO 80913-4303
--.
2a. TO: Mune 40ffire nil° directed the .b. TITLE RGANI AT ON'
illreNfigrnifM -Last.Inst. All) .

Commander
t1_7-.
Fort Carson, Colorado 80913 ,i2-1 L
. 2-4./
3a. NAME OF ACCUSED -(Lost. First, MI) b. GRADE c. SSN ,e_ DATE OF CHARGES
4//. 21 ft-- 8 & IS June 2004
f
111/111117 Fort Carson, CO 80913
(Check appropriate answer) YES NO
4. IN ACCORDANCE WITH ARTICLE 32, UCMJ, AND R.C.M. 405, MANUAL FOR COURTS-MARTIAL.
I HAVE INVESTIGATED THE CHARGES APPENDED HERETO (Exhibit 1) X
5. THE ACCUSED WAS REPRESENTED BY COUNSEL (If not, see 9 below)
X
6. - COUNSEL WHO' REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 405(d)(2), 502(d)
X . NAME OF DEFENSE CO'SEL (Last , First. ADE. 8a. NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRADE
(Last. First. M)) b.
N/A
le-'4/ 1-"-•
c. ORGANIZATION If appropritoe) • c. ORGANIZATION
(1.1appropriatr)
Thtial..pefense Service
-
%..

d.
ADDRESS (ifappropriate) d. ADDRESS (If appropriate)
Fort Sill Field Office
Fort Sill, Oklahoma 73503 .

9. To he signed hr accused if accused waives counsel. If accused does not sign, investigating officer will explain in derail in Item 21.1
a. PLACE' b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL INCLUDING MY RIGHT TO
CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI­GATION.

c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropriate answer) YES I NO
a. THE CHARGE(S) UNDER INVESTIGATION
X
b. THE IDENTITY OF THE ACCUSER
X'
C. THE RIGHT AGAINST SELF-INCRIMINATION UNDER ARTICLE 31
d. THE PURPOSE OF THE INVESTIGATION
e. THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE
Xf.

I. THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECTED TO PRESENT X L
g. THE RIGHT TO CROSS-EXAMINE WITNESSES
h. THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED THE RIGHT TO PRESENT ANYTHING IN DEFENSE. EXTENUATION, OR MITIGATION X
j. THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT. ORALLY OR IN WRITING
X ; I 1a. THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE Of the accused or counsel were absent during any part of the presentatiun oferidenre. complete Is below.) ) X
b. STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL
NIA
NOTE: It additional space is required for any item, enter the additional material in Item 21 or on a separate sheet. Identify such material with the proper numerical
and. it appropriate. lettered heading it:uunplr: Securely attach any additional sheets to the form and add a note in the appropriate item 01 Me tom: '"See
additional sheet. -
DD FORM 457. AUG 84 EDITION OF OCT 69 IS OBSOLETE. issr.P.Pc, • C•:

012085

DOD 13742

12a. THE FOLLOWING WITNESSES TESTIFIED UNDER OATH: (Check a r :nate answer) NAME Masi. First. 101) ' GRADE (If any) ORGANIZATION/ADDRESS (Whichever is appropriate) YES NO
Crint inal..11vestiggion Division (CID)
L -X
1.111111 .1%-- 1) /(-
-:,..."..
, X
MOW 11111 Foil Cation,. COlorada 80'13 .
faillana a— 2 49::_k.)_
,-- Ili
NNW
*MX.(B1 k 21 for continuation)
MIS

nic-a, Arizona ga-
iltrialli
eillialli
• A Le.2
Fort Carson, Co orado 80913
f
Fort Hood, Tekas 6544
---.--...lu
or arse o i , Ira'• *
b. THE SUBSTANCE OF TH TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED. 13a. THE FOLLOWING STATEMENTS, DOCUMENTS. OR MATTERS WERE CONSIDERED: THE ACCUSED WAS PERMITTED TO
EXAMINE EACH. DESCRIPTION OF ITEM
CID Report(0011-04-C1D469-79630-5H1) and relevant Agent's Investigation Reports Arabic Message and Translation (Exhumation APProl)
S&."-a18 June 2004)
G rants ,of loununt
Sworn Statements:
Exhibit 6 Z7-2. I..._,Z / 17-5"-A
.) (
Memo For Record. dated 11 Exhibit 7 1.6,....../
hi_.-2.
Jan 03 [2004)
b. EACH ITEM CONSIDERED. OR A COPY OR RECITAL OF THE SUBSTANCE OWIIATURE THEREOF, IS ATTACHED %._-_,
14.
THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSEIS1
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R.CM: 909. 916(k).) '

15.
THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yes. specify in Item 2! below.)

16.
ALI:ESiTIAl.1/VITNEWILL BE AVAILABLE IN THE EVENT OF TRIAL

17.
THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM

18.
REA SONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSEISI ALLEGED

19.
I AM NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER:

(See R.C.M. 405(d)(1).

20. I RECOMMEND:
a.
TRIAL BY

b.
0 OTHER 21.. REMARKS

12a.
LOCATION OF ORIGINAL (*nor attached) Exhibit 2 (after admission, decided not to consider; not attached)
Exhibit 3 X r -Mg 4-le4-2 'il-' C
Exhibit ..-2) j‘, 5.".". 14e — it ....--
jbil5..._
0 SUMMARY . SPECIAL GENERAL COURT-MARTIAL,
(Specify in Item 21 below)
(hichide. as necessary. explanation for any delays in the investigation. and explanation for any "no* answers above.)
ort Carson, Colorado 80913 Sworn , Colorado 80913 Sworn Fort Carson, Colorado 80913 Sworn Fort Carson, Colorado 80913 Sworn Silver Spring, MD 20910 Sworn olorado 80913 Sworn Carson,Colorado 80913 Sworn Fort Caison, Colorado 80913 Sworn
ounsel, including Article 15s. counseling, ERBs, and ORBs - Exhibit 8; Commander's Inquiry by
it)
X
X
X X X
x
Ai S6 .17C.C)
E-mails detailing the Govt's attempts to secure' aTrvitrlatz-Exhibit 12; Sworn Statements: amp -itl-21e-i a d - Exhibit 13: *5 resume and Larium information - Exhibit 14: (Continuation ages)
22a. TY i NA G OFFICER b. G !c. ORGANIZATION OSJA, Administrative Law Division

0-3
NAM 2- N-3 Fort Carson, CO 80913
e. DATEd. SIGNATURE
19 August 2004
USAPCC
012086
dated 24 Feb04 - Exhibit 9.,,A miniyrivials4s,ctiosjand Defense Requests - Exhibit 10; CID CD - Exhibit
DOD 13743

Investi satin" Officer's. Re. DD..rom 45-7 A.u.G .84 Fort Carson.
Continuation Pages
IZ-111/--s-.4 7/0 13a. Exhibits (continued). Character Statements, NCOERs, and awards for EMI
-Exhibit 15; Two photographs (visual aids) of Bradley Fighting Vehicles — Exhibit 16; Sworn Statement of — Exhibit 17.
94
15. Objections by Defense Counsel. )
a. Defense Counsel objected to my considering Exhibit 2, CID Report pm -04 -C1D469-79630-5H1) and relevant Agent's Investigation Reports. Initially, I considered Exhibit 2 as evidence over Defense objection. Prior to the close of evidence, I decided not to consider Exhibit 2.
b. Defense Counsel objected to the unavailability offillallala 41(-2- Z9 cc) and arguing that Government Counsel should hav ants o immunity for them. Prior to the close of evidence, •
Commander, 4th Infantry Division (Mechanized) 1i2J il--3 giants of testimonial 'rain:unity for these witnesses.
c. Defense Counsel objected to my consideration of om statement of 16 January 2004, Exhibit 17. I determined that as not reasonably available and considered his sworn statement as an alternative o testimony (RCM 405(g)(4)(B)). My availability determination was based upon e-mail correspondence detailing the Government Counsel's attempts to secure as a witness (Exhibit 12). •
16. Availabi lit of Essential Witnesses: All essential witnesses may not be available in the event of trial. one of the two detainees/victims, could not be located to testify by telephone or the !tele 32 investigation. Government counsel sought..
whereabouts from 30 June 2004 until the time of the Article 32 investigation is the only civilian witness to the 3 January 2004 incident 52 .1_,1/ (--"/
-
detainee abuse. There is a ossibilit , however, that testimony could be replaced iwith and testimony un er grants of testimonial 62C1) immunity. (-2-. r 17 Cc)
17. Charge III and the Additional Charge are not in proper form.
a.
Charge III. See paragraph 18 below.

b.
The Additional Charge. Roman numeral one should be deleted, replaced with

012087
"the" prior to the words "Additional Charge." Also recommend deleting the words "with a force likely to produce death or grievous bodily harm, to wit: pushing the Iraqi male into the Tigris River/i2h.ele was insufficient evidence of an iglizavated Assault./b
41-v
18. Reasonable ounds./ Based upon available evidenc reasonrable grounds o not exist that unlawfully killed testified that he checked on the detainees after they were forced into the water. observe is vas already on shore and making "come to me" motions to who was approximately five feet from the shore (Summarized Transcript, Page 10). viewed the site after the incident and observed that the water
not have any current, that the nearest locks were rusted in osition, and that the area was well lit (Summarized Transcript - Page 30).
yZ
and 1.11111.1.11. all report that both detainees were near the side of
At(-4/
as the convoy left the scene of the incident (Summarized Transcript, pages 16,
accounts o death and recovery of his body are only from
iii...trlits-Talffiry (Summarized Transcript worn Testimony, Page 20).
family provided a video of a deceased individual (Exhibit 11), but the body
or those persons surrounding the body were not identified. Further, no exhumation of
body has ever taken place despite receiving religious consent fro local
sheikh by 9 February 2004 (Summarized Transcript-worn Testimony,
_pese-20):--parmellimm. testified that the same sheikh that assisted the
_,.._...--filitrity7Sh-FikT11.1, had faked his own death and funeral only a few weeks prior to
1e-, 1 i_ v Aisalleged death (Summarized Tptilscript - page39).

___706"-Z,
Evidence exists, however, that 11110 committed the lesser-included offense ofa-- 4( assaiiliaga'1,///1111116. As a conspirator,
-7-ist11lis liable forthe assault by against (Article 81, UCMJ).( ‘,el...2.) •i0/....r.
Tv'
20a. General Court-martial recommendation. I recommend a general court-martial for basedphe fo lowi evidence:
2)
a. 0 ged the unlawful practice forcing detainees into . a body of water. id something to the effect that `'someone was going to get wet" prior to the unit's pat 1 n 3 January 2004 (Exhibit 6 -Sworn 40,, Statement of 22 January . RI Page 1, and Summarized Transcript wom41-1 Testimony,' Page 23). Defense Counsel elicited evidence from witnesses at the Article 32 that was in the last Bradley Fighting Vehicle in the convoy, implying that he could not have been involved in the detainee abuse but
evidence that the two detainees being forced into the water (Exhibit 6-111111111111111¦110 Sworn Statement of 22 January 2004, Page 2) and 4 I--.1
......„111t..11!..I indicated that knew where the detainees had been dropped
Statement of 25 January 2004, Page 2). As mentioned by his Company Commander was one of the leaders on the ground at the scene of the in dent (Summarized ranscript - Page 29).
012088


b. There is evidence of a previous incident of abuse in thatifir~ordered subordinate soldiers to throw an Iraqi citizen into a body of water in Balad, Ira .(Exhibit b -11.0111101010Swom Statement of 23 January 2004, Page 5, and WirorSworn Statement of 22 January 2004, Page 4). An aggravating factor regarding this incident is that the Iraqi citizen appears to have .been randomly selected for this abuse, having done nothing to warrant the attention ofariaraorany other U.S. Soldier.

c.
MOM was one of the members of the chain-of-command o influence the false official statements of the other soldiers (Exhibit 6 . ... Sworn Statement of 23 January 2004, Page 4, and worn Statement of _ anuary 2004 Page 3; and Summanz Transcript -worn Testimony,

2 ,..-------Ciin 3, and SS( Sworn Testimony, Page 18). all11.111111111111111111111. and
-'''"--001111111.1.0rn
ha meetings with the soldiers involved (Summarized Transcript -
P -
il &
11111M11111111.0 Sworn Testimony, page 28), coaching their answers to CID
h.C.-11 questioning.

Additionql Matters/litigation.
.2i r
a. 4101111111.111.submitted an impression packet of character letters, NCOERs with Among the Best ratings, and awards. Being an outstandin soldier/leader may have a negative effect, however, in thaemore was expected of him. should not have initiated or encouraged the abuse of detainees or Iraqi citizens and should have challenged the directive to omit that the detainees were forced into the Tigris River.
Defense Counsel for presented evidence regarding the accused soldiers' use of the drug Larium (mefloquine hydrochloride) and the possibility it caused ,r(Z-4,, the soldiers to react violently to the detainees. I find this to be a tenuous argument. ough111111111. testified that the unit members were required to take Larium once 'le-yz awe
errcir thirteen months (Summarized Transcript, Page 22), there is no evidence regarding how much Larium was actually ingested byllailliniand what type of reaction, i f,any, he may hayeathe drug,


c. Defense Counsel also raised the issue of unlawful command influence.,//--2-actions do not rise to the level of unlawful command influence. 6e-sy order that the accused soldiers were to go to CID was lawful (althotigh
he could not order them to provide a statement). Further, the evidence does not show that any accused soldier was denied access to counsel. told the soldiers `Company Commander, 11111111¦111.11, to escort oweir CID interviews. Even though 11111111111111..vas aware of order that no soldier should be taken to TDS prior to going to CID, he ated to 111111101111116 that durin the interviews "if it doesn't feel right, have them seek TDS (Summarized Transcript Sworn Testimony, Page 28)." urther, CID Agents advised each accused soldier of his rights, to include the right to speak to an attorney before being questioned (Exhibit 6 - DA Forms 3881).
012089

)
d.111101111.as a colorable argument that Charge II and Charge V are unreasonable multiplication of charges nited States v._ .uiroz,.55 M.J. 334 (C.A.A.F., 2001).). The underlying misconduct for both charges is roviding a false statement to CID. If a eourtmartial reached the pre-sentencing stage, a military, judge
may merge both charges.
e. Combat stress may offer some mitigation for of Sammarra was in constant turmoil and was one of the most troubl q.
U.S. Forces were trying to regain control of the city from insurgents, being a member of one , of the. most relied upon platoons for this mission (Summarized Transcript
worn Testimony, Page 32). These same soldiers were operating with lack asleep and fightin an enemy that did not follow the Law of War
//4)
5
(Summarized Transtript — worn Testimony, Page 33). A Company Commander within the Brigade had also been icilled a short time prior to the detainee abuse (Summarized Transcript wom Testimony, Page 32).
4
012090
DOD 13747
INVESTIGATING OFFICER'S REPORT
(Of Charges Under Article 32. UCM1 and R. C.M. 405, Manual for Courts-Martial)
I a. FROM: (Name of laresti ming .icer -b. GRADE c_ ORGANIZATION d. DATE OF REPORT
Lam. First. Mb.
Office of the Staff Judge Advocate
I.-
4966
7086 Albanese Loop, Building 6285
0-3 19 Aug 2004 .
Fort Carson, CO 80913-4303
ia"---2 2a. TO: (Name of Wirer who directed the b. TITLE ..NIZATION . ......., . . 37,
„,i.e.ragarim,_ UIST. First. MO )el 60
el_-i. h ./
Commander • ort Carson, Co O 0 . ' e7-./ Z
mow •
di -.7 • '
3a. NAME OF ACCUSED (Last. First. Mui ,....41„ (=nAnc c. SSN ie. DATE OF CHARGEE
!i i
.j.69t-cri IIIIP NM Fort Carson, C680913 1.1-li___ 28 June 2004
• .1/.--r
(Check appropriate answer) hylLst—lic YES NO
4. IN ACCORDANCE WITH ARTICLE 32, UCMJ, AND R.C.M. 405, MANUAL FOR COURTS-MARTIAL,
X

I HAVE INVESTIGATED THE CHARGES APPENDED HERETO (Exhibit II •
5. THE ACCUSED WAS REPRESENTED BY COUNSEL (H not, see 9 below) X
6. COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 40510(2), 502(d) X
MilliNSE C2U2SEL antry. MO b. GRADE Ba. NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRADE I 0-3 N/A
c. ORGANIZATION (If appropriate)) c. ORGANIZATION (if appropriate) 'TFiRlipefense Service
d. ADDRESS Of appropriate) d. ADDRESS (If appropriate). .
Building 6287, Room 110
Fort Carson, Colorado 80913

9. (To be signed by accused if accused waives counsel. If accused dots not sign, investigating officer will explain in detail in kern 21.)
a. PLACE b. DATE
I HAVE BEEN.INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL, INCLUDING MY RIGHT TO
CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI­GATION.

c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropriate answer) YES NO
a.
THE CHARGES) UNDER INVESTIGATION

b.
THE IDENTITY OF THE ACCUSER

c.
THE RIGHT AGAINST SELF-INCRIMINATION UNDER ARTICLE 31 X

d. THE PURPOSE OF THE INVESTIGATION
e.
THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE

f.
THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECTED TO PRESENT

g. THE RIGHT TO CROSS-EXAMINE WITNESSES X
h.
THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED X

i.
THE RIGHT TO PRESENT ANYTHING IN DEFENSE. EXTENUATION, OR MITIGATION

j. THE RIGHT TO MAKE 'A SWORN OR UNSWORN STATEMENT, ORALLY OR IN WRITING X
11 a. THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE Of &elven-4W mussel were absent during any part of the presentation of evidence. complete b below.)
b. STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL
N/A
NOTE: II additional space is required for any Item, enter the additional material ht item 21 or on a separate sheet. Identify such material with the proper numerical
and, if appropriate. lettered heading f—FrantPle: 77e -.) • SecorelY attach any additional sheets to the form and add a note in the appropriate item of the form: "See
additional sheet."
DD FORM 457, AUG 84 EDITION OF OCT 69 IS OBSOLETE. USAPPC VI CC
012091
DOD 13748

1A)

I 2a. THE FOLLOWING WITNESSES TESTIFIED UNDER OATH: (Check appropriate answer)
{ .'NAME Mast. First. MO GRADE (if any) ORGA IZATION/ADDRESS (Whichever is approptirad YES'NO.
IIIIII Chi '• I 10 " SU ,;41.011 Divi .y.14(C1R2, 1,

. X .., X
For arson, Colorado 80913
Fort Huachuca, Arizona
---1 x I
X
so Fon Carson, Cabot-ado 80913 ‘1,„..1 / 61.4,2••
IIIIIIIIU Al-‘— 2 / ‘'''C' Fort Hood, Texas 76544 X
(Block 21 for continuation) X

Fort Carson, Colorado 3 s¦-..)
b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED. X
13a. THE FOLLOWING STATEMENTS, DOCUMENTS. OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO

EXAMINE EACH.
DESCRIPTION OF ITEM LOCATION OF ORIGINAL (If not attached)

CID Report(0011-04-CID469-79630-5H1) and Exhibit 2 (after admission, decided not to consider; not attached)
relevant Agent's Investigation Reports
Arabic Message and Translation (Exhumation

Exhibit 3 ' X
Approval)
•1 8 June 2004) Exhibit 4 X
I rant if Immunit -
Exhibit 5 X
i 4‘ ?C‘
Exhibit 6
Memo For Recor , I' dated 11

Exhibit 7
Jan 03 (2004) . •
• 2 •
b. EACH ITEM CONSIDERED. OR A COPY CIR FIECI AL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED
14.
THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSE(S)
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R.C.M. 909. 9)6(k).)

15.
THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yes, specify in item 21 below.)

16.
ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL

17.
THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM

18.
REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSEISI ALLEGED

19.
I AM NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUAUFY ME FROM ACTING AS INVESTIGATING OFFICER.

(See R.C.M. 4050)11).
20. I RECOMMEND:
a.
TRIAL BY'. SUMMARY , 0 SPECIAL . GENERAL COURT-MARTIAL

b.
.9 OTHER apecifyin hem 21 below) o12-1

21. REMARKS (Inrlude, as necessary, ex) attrition ft any lelays in the itwestigmion, and explanation for any "no' answers above.;
Fort Carson, Colorado 80913 Sworn n, Colorado 80913 Sworn Fort Carson, Colorado 80913 Sworn Cars C. orado 80913 Sworn
(
Silver Spring. MD 20910 Sworn on arson, Colorado 80913 • Sworn
o t Carson, Colorado 80913 Sworn
Fort Carson, Colorado 80913 Sworn —ntr-40 6•2— 1 1.01.64-,
I3a. Packet for Defense Cou 1, including rt15s, counseling, ERBs, and ORBs -Exhibit 8; Commander's Inquiry b ted 24 Ft/111- Exhibit 9 -drninistrative Memos and Defense Requests - Exhibit 10; CIDI') ovt's attemptrfh salcure a witness - Exhibit 12; Sworn Statements

-Exhibit 13; IC rium information - Exhibit 19; (Continuation Pages)
2a. TYPED NAME OF I VESTIGATI OfFICER b. GRAD c. ORGANIZATION
OS)A, Administrative Law Division 0-3
'Pi 69 1 Fort Carson, CO 80913
e. DATE
19 August 2004
uSAPac v: co C 1 2 0 9 2
DOD 13749
X

Investigating Officer's Re rt DD . FORM 457. AUG 84 4ID (Meeh), Fort Carson;
tg"
Continuation Pages
Iia. Exhibits (continued). Character Statements, NCOERs, and awards for
— Exhibit 15; Two photogra qhs,.visual aids of Bradley Fighting Vehicles — Exhibit 16; Sworn Statement of — Exhibit 17.
1960
15. Objections by Defense Counsel.
a. Defense Counsel objected to my considering Exhibit 2, CID Report (0011-04 -C1D469-79630-5H1) and relevant Agent's Investigation Reports. Initially, I considered Exhibit 2 as evidence over Defense objection. Prior to the close of evidence, I decided not to consider Exhibit 2.
b. Defense Counsel oliected to the unavailability I 9 , arguing that Government Counsel should have
immpand
coordinated.grants.of teSt. nnia11mmupityfor hem. Prior to the close of evidence,
Infantry Division (Mechanized),
signed grants of testiniOnia 'immunity for .
ni6s"vithesses er/V./t7V-777---
CO )c. Defense Counsel objected to my consideration of worn

b statement of 16 January 2004, Exhibit 17. I determined that as not reasonably available and considered his sworn statement as an alternative to testimony (RCM 405(g)(4)(B)). My availability determination was based upon e-maii . :correspondence detailing the Government Counsel's attempts to securelIMIIM as a witness (Exhibit 12).
16. Availability of Essential Witnesies. All essential witnesses may not be available in the event of trial. efallMalbone of the two detainees/victims, could not be located to testify by telephone for the Article 32 investigation. Government counsel sought.
IIIIIIIIIIIIIPwhereabouts from 30 June 2004 until the time of the Article 32 investigation (Exhibit 12). diumgis the only civilian witness to the 3 January 2004 incident of detainee abuse.
17. Charge H is not jn proper fomj"
. See Paragraph 18 bet w.
11Z/ 11(-5; ‘
18. Reasonabl Grounds. Based upon available evil ce, reas nable grounds do not exist tha _ unlawfully killed that he checked on the detainees after they were forced into the water. observed that was already on shore and making "come to me" motions to
proximately five feet from the shore (Summarized Transcript, viewed the site after the incident and observed that the water
1 012093

r''',.
I, 4 .um not have any current, that the nearest locks were .rust d irtpositioo, argi that the area was W I lit (Suturnariz — " -— Page 30). . and all report that both deta iiee Were near the-side of he road as the convoy left thp -scene of the incident (Summarized Transcript, pages 16,
0
18, and 22„)_..4111-aeeeuntro death and recovery of his body are only from
( i(
Summarized Transcript -Sworn Testimony, Page 20). family provi a video of a deceased individual (Exhibit 11), but the body ,Z i.or those persons surrounding the body were not identified. Further, no exhumation of body has ever taken place despite receiving religious consent from a local sheikh by 9 ruary 2004 (Summarized Transcript -11111.111111111111rwom Testimony, 141-. lj

age Further,..1111.11testified that the same sheikh that assisted theliP1011-_. had faked his own death and fuderal only a few weeks prior to 10_5.}Ma alleged death (Summarized Tran,senpt - Page 30). ) (' LI I-1 6‘ Evidence exists, however, that committed the lesser-included offense 1/- y .44._i? ----assault upon a weapon and telling."... o Jump into the ..7 z/...i..( iver (Summarized Transcript -Sworn Testimony, Page 9). IllpA le;rierj....,...a..would have reasonable apprehension of receiving immediate bodily harm,
M." 1" ' creating an offer-type assault (Article 128, UCMJ). Defense Counsel introduced evidence that it was standard operating procedure to point a weapon at a detained person. .a.-2. / / 1-/ This was no longer a lawful act, however, becausedlININerrsed his weapon for tie) b 6 -.) unlawful means of forcing a detaineeto jump into the.-wyk ere is also evidence that
‘t---27P--41111.1.1i committed an assault upon 11141111111/Aen h e kicked him in the butt
and told him to jump Sworn Statement of 23 January 2004, page 3).

20b. Recommended Disposition. I recommend the charges be dismissed against
a-511111.11101111. being replaced with the imposition of a Field-Grade Article 15 and a
General Officer Memorandum of Reprimand (GOMOR). Although not defenses to
actions, there are several mitigating factors that lead to this
recornmen anon. First, there is evidence was ordered to lead the

1 . detainees to the water's edge and that this action was not something he would do on his
4 1- z w_,.( . .mar----Sworn Testimony, page 10). Second,

rtiurisri,.imiii
)
/ (..---111111111111111.1 was coerced into providing afalse official statement by his chain of
‘-") °--sI;UelilCommatifleffallillMordered that no one was to

omr, tendon the detainees being forced into the water Surnmarized.Transcri -Sworn Testimony, Page 32). and carried out this order by meeting several times wit t e individuals involved in the detainee abuse. coachi answers to.CID questioning.
4_ ii-r-Third, combat stress may also offer some mitigation fo ctions. The City
of Sammarra was in constant turmoil and was one of themost troubles . • • •ii Iraq.
U.S... Forces were trying to regain control of the city f.from insurgents, ein.0
a member of one of the most relied upon platoons for this mission (Summarized
Transcript -OMIMIIIIIIISworn Testimony, Page 32). These same soldiers were
operating with lack of slee and. fightin an enemy that did not follow the Law of War
(Summarized Transcript -Sworn Testimony, Page 33). A Company

012094
f
regeoctb
A t tr-6 Commander within the Brigade had also been ki d a short time prior to the detainee ' '"") abuse (Summarized Transcri t worn Testimony, Page 32). Defense Counsel for presented evidence regarding the accused soldiers' . use of the drug Larium (mefloquine hydrochloride) and the possibility it caused the soldiers to react violently to the detainees. I find this to be a tenuous argument.
./ t-Lfl A thouu entified that the unit members were required to take Larium once a week for thirteen months (Summarized Transcript, Page 22), there is no evidence regarding how much Larium was actually ingested by and what type of reaction, if any, he may have to the drug.
1-411b,s-
S Defense Counsel also raised the issue of unlawful command influence. do tariseccod sounlawfululcommand influence.to c la
ustetheildeiveers were too g
A .141 114f orderi rn that the (although
rde°he could not order them to provide a statement). Further, the evidence does not show that any accused soldier was denied access to counsel. to! the soldiers'
rn , to escort , and
Co an Commander, their hough was aware of rder that no soldier should be to en to 1 pnor to going to CID, hefri,a stated to hat during the interviews, "if it doesn't feel right, have them
b
TDS SOrnmanz Sworn Testimony, Page 28)."
Further, CID Agents avised each accuse s rights, to include the right to
speak to an attorney before being'qu 'rifled EV)it 6 - DA Forms 3881).

recommend the GOMOR because e of the small group that led the detainees to the edge of the Tigre worn
Statement of 16 January 2004, Page 3). as a on-orrimissioned Officer, was in the best position to challenge lawful order to abuse a detainee. He did not, and in fact, verball co s for refusing to participate in the abuse
Exhibit 6 -Sworn Statement of 23 January 2004, Page 3 and Sworn Statement of 22 January 2004, Page 2; and Summarized Transcript -worn Testimony, Page 13). I also recommend this additional punishment
ecause o involvement in and failure to re orta revio 'neident of abuse regarding an Iraqi citizen in Balad, Iraq (Exhibit 6 -. worn Statement of 23 January 2004, Page 5).
3 012095
INVESTIGATING OFFICER'S REPORT
(Of Charges Under Ankle 32, WM! and R.C.M.,405, Mama( for Courts-Martial)
i a. FROM: b. GRADE d. DATE OF REPORT
Mune of Investigating Officer -C. ORGANIZATION
Lon. First. Mb Office of the Staff Judge Advocate

.). . .)...).).).)./ 1.;1"-----
bi -7086 Albanese Loop, Building 6285
19 Au 2004
• h/lij
i . Fort Carson, CO 80913-4303 g
2a. TO: (Name (f Offirer saw tliretied the b. TITLE • c'
.'• investigotion - Last. First. Mb Commander 1 g"--

p.../ i...rtlo Fort Carson. Colorado 80913'
11.111111111. A l.--
,'ith_3 L et)___ ''#1-4 L.11.41 3a. NAME OF ACCUSED fLast:Firsr. .1f1) -•
TE OF CHARGEE
28 lune 2004
Billialle 1' 71&J l IF Fort Carson, CO 80913
1
YES I'NO
(Cheek appropriate answer)
4. IN ACCORDANCE WITH ARTICLE 32, UCMJ, AND R.C.M. 405, MANUAL FOR COURTS-MARTIAL.
X I
I HAVE INVESTIGATED THE CHARGES APPENDEDD '(Exhibit 1)' .
5.
THE ACCUSED WAS REPRESENTED BY COUNSEL (1( not, see 9 below) X

6.
COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 405(d)12), 502(d) X'-

. '
.'-'•'SE,CPUNSEL cup.. First. MO./ _ A b. GRADE 8a. NAME OF ASSISTANT DEFENSE COUNSEL (If an)) b. GRADE
Ad-2-) 6 1-3 , 19(c/ . 0-3 NiA
.( c. ORGANIZATION ilf. appropriate)
c. O GANIZATION (if aPProPriare.,.R
• Trim -Defense Service
d. ADDRESS (If appropritne) d. ADDRESS Of appropriaiel
Building 6287, Room 114 •
Fort Carson, Colorado 80913

9,'(To be signed by accused if accused waives counsel. If accused (ides nor sign. investigating officer will'explain in detail in km 2).)
b. DATE
a. PLACE
i
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL, INCLUDING MY RIGHT TO CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI­GATION.
c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropriate answer) YES j NO
a.
THE CHARGEISI UNDER INVESTIGATION'• X

b.
THE IDENTITY OF THE ACCUSER X cl'THE RIGHT AGAINST SELF -INCRIMINATION UNDER ARTICLE 31'. X _____

d.'THE PURPOSE OF THE INVESTIGATION'' X I
e.'THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE X
f.'THE WITNESSES AND OTHER EVIDENCE:KNOWN TO ME WHICH I EXPECTED TO PRESENT X
X .:
g.'THE RIGHT TO CROSS-EXAMINE WITNESSES :
h.'THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED . ' . X''
.'
.'THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT. ORALLY OR IN WRITING X
11 a.

I.'THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATION, OR MITIGATION ' • X
THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE (If the arriard
X
or counsel Weed absent during our part of the presentation ((evidence. eamplete b below.;
STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL
b.
NIIA
If additional space Is required for any item. rimer the additional material In Item 21 or on a separate sheet. Identify such material with the proper numerical
NOTE:
Securely attach any additional sheets to the form and add a note in the appropriate hem of the form: 'See
and. if appropriate. lettered heading rErarnpit: '21,.)
additional sheet.'

'
' U.I.
DD FORM 457, AUG 84 EDITION OF OCT 69 IS OBSOLETE.
012096
DOD 13753

12a. THE FOLLOWING WITNESSES TESTIFIED UNDER OATH: (Check prapriare ansnmi NAME !Um. First: MD' GRADE. Of any)'ORGANIZATION/ADDRESS (Whichever is appmprime)'YES 1._ NO
r'urinal inyesn . anon on (CID)'
X
41:') 41--'1 Division 1 Aolv—J -.'i
—_—....----!------..s.-----
ell'
X
ort'arson,'o Ira.° I ri 13 ;.....11.../M)1".
i'-1: '.4 I- 4 '
.. .....-­
-a--Z)'i i--ir .'/dye'4- /f1""le
alleillialr' oft Huachuca, Arizona
1111111111,--4 Z-1- .6 t-s'---11111PFort Carson, Colorado'
_-_____J' - . ANNI.----b.e- 2 i‘,__
EPP'on Hood, Texas 76514:
2.--- ) "*".

XXI+
'
I (f---2.)A-t-,y-' l_'-I
a-1 Ai
41111.111MOM_ 47---1'
d
Block 21 forrontinitatiort). 'OPP'
Fort Carson, t.otorano buY13
b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED. 13a. THE FOLLOWING STATEMENTS, DOCUMENTS, OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO
_._ • EXAMINE EACH. DESCRIPTION OF ITEM' LOCATION OF ORIGINAL (If not winched) CID Report(0011-04-CID469-79630-5H1) andrelevant Agent's Investigation Reports
Exhibit 2 (after admission, decided not to consider; not attached) 'X
Arabic Message nd Transrn (p.humation '
Exhibit 3' X
.royal)
_'-
tharge 8 eet (8 June 2004) 'Exhibit 4

tun
Exhibit 5 X
--3.- 61'
..
o'tartkiit•,,•'
Exhibit 6' X
Meino For Record. Z dated 11
.------..gxhiPill ' X
Jan 03 [20041 ' 1‘--7LZ—li'
b. EACH ITEM CONSIDERED, OR A COPY OR RECITAL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED 'X
14.THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSES)

OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R.C.M. 909. 916(4)
15.THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yes. specify in hem 21 below.) ' X

11: ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL ' X
....'. .'
,
17_ THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM' X
18.
REASONABLE GROUNOS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSE(S) ALLEGED 'X

19.
I AM NOT AWARE OF ANY GROUNDS WHICH WOULD-DISOUALIFY ME FROM ACTING AS INVESTIGATING OFFICER.

X
(See R.C.M. 40.500(1).'
20. I RECOMMEND:
a.
TRIAL BY'0-SUMMARY'. SPECIAL'. GENERAL COURT-MARTIAL

b.
OTHER (Specify is )rein 21 below)

21. REMARKS (Maude. as necessary, esplanalion for any delays in the inveaisation, and explanarion for any "'no' answers above.) '
111F IL-1 / 17 "1 I a.' ort Carson, Colorado 80913'Sworn'&Ur"-'"-`'.9rig:Irs'-, Colorado 80913'Sworn'• Fort CCarson, Colorado 80913 'Sworn Fo t Carson, Colorado 80913'Sworn' Silver Spring, MD 20910'Sworn /..ef ..' Oil Carson,'o orado 80913'Sworn'Ia._ 4/2 --,ort Carson, Colorado 80913 'Sworn Fort Carson, Colorado 80913'Sworn
13a. Packet Ibr Defense Counsel, including Article I5s, counseling, ERBs, and ORBs - Exhibit 8; Commander's Inquiry bdated 24 Feb 04 - Exhi it 9. 'ministrative Memos and Defense Requests - Exhibi 1'D CD'ibit
11: E-mat s .etai I • 41.1s - - • '.s attempts to secu'witness - Exhibit 12; Sworn Statements: '
C
an'EXhibit 13; resume and Larium information - Exhibit 14; (Continuation Pages)
.0
TYPED NAME OF INVESTIGATING OFkEfI4 ; b. GRA 'i VOOANIZATION'
/lila)'i OSJA, Administrative Law Division
OMIMIIIqllr .' 11-1 le3'1), 4 '7 49'' '
0-3 ! Fort Carson. CO 80913

d. SIGN e. DATE
19 August 2004
US!-PPC • 00
012097
InveSti atilt Officee.s.,Re f ort, .DD. FORM 457, AUG...44 Carsbn, Colorado
1-21 611h9)7-0-1 L
Continuation Pages I3a. Exhibits (continued). Character Statements, NCOERs, and awards for Mal -de-2)a-1
-• Exhibit 15; Two photographs (visual aids) of Bradley Fighting Vehicles — Exhibit 16; 7 cc)
Sworn Statement of Exhibit 17.
15. Objections by Defense Counsel. 4°
a. Defense Counsel objected to my considering Exhibit 2, CID Report (0011-04
-C1D469-79630-5H1) and relevant Agent's Investigation Reports. Initially, I considered
Exhibit 2 as evidence over Defense objection. Prior to the close of evidence, I decided
not to consider. Exhibit 2.
•,
tinsel ob'ected to the unavailability of 11111111111111111b. Defense C
arguing that Government Counsel shOuld,haveand
inanity for them. Prior to the close of evidence,nts
Commander, 4th Infantry Division (Mechanized),
signed grants of testimonialititiriunity for these witnesses.
c. Defense Counsel objected to my consideraticin of worn
statement of 16 January 2004, Exhibit 17. I determined that was not
reasonably available and considered his sworn statement as an alternative to testimony
(RCM 405(g)(4)(B)). My availability determination was based upon e- ail .
correspondence detailing the Government Counsel's attempts to Secure as
a witness (Exhibit 12).
16. Availability of Essential .Witnesses. All essential witnesses may not be available in the event of trial. 1111111111kone of the two detainees/victims, could not be located to testify by telephone for the Article 32 investigation. Government counsel sought.. a- 19(c)
whereabouts from 30 June 2004 until the time of the Article 32 investigation
(Exhibit 12). .111.111111ithe only civilian witness to the 3 January 20 .04 incident of
detainee abuse.
20b. RecOmmended Disposition. I recommend the charges be dismissed against
0111111110eing replaced with the imposition of a Field-Grade Article 15 and
. Developmental Counseling on DA Form 4856. Although not defenses to
actions, there are several mitigating factors that lead to this recommendation. First,
was ordered to for-6e the detainees into the Tigris River by-(Exhibit
6 worn Statement of 22 January 2004, Page 2, and Sworn Statement of 23 January 2004, Page I ). Second, giamalivas coerced by his
chain of command into provided a false official statement. The Battalion Commander,

1
012098
DOD 13755
rdered that noon was t mention the detainees being forced
into the water (.Summarized Transcript -_ worn Testimony, Pap 32).
0.101/11011/0111111011101"111111.110and.carried out this order by
meeting several times with the individuals involved in the detainee abuse, coaching their answers to CID questioning. Third, combat stress may also offer some mitigation for 111111111.1111116 actions. The City of Samarra was in constant turmoil and was one of the most troublesome cities in Ira . U.S. Forces were trying to regain control of the city from insurgents, being a member of one of the most relied upon platoons for this mission (Summarized Transcript -
Sworn Testimony, Page 32). These same soldiers were operating with lack of sleep and fightin in enemy that did not follow the Law of War (Summarized Transcript -s Sworn Testimony, Page 33). A Company Commander within the Brigade had also been killed a short time prior to the detainee abuse (Summarized Transcrip t -Sworn Testimony, Page 32).
14' it
Defense Counsel for resented evidence regarding the accused'soldiers' use of the drug Larium (mefloquine hydrochloride) and the possibility it caused the react violently to the detainees. I find this to be a tenuous argument. 1-' Althouglanialb testified thatgamwanit members were required to take Larium once
bl-Lt a week for thirteen months (Summarized Transcript ; Page 22), there is no evidence regarding how much Larium was actually ingested -by * . and what type of reaction, if any, he may have to the drug. ‘--s-
Defense Counsel also raised the issue of unlawful command influence. actions do not rise to the level of unlawful command influence. order that the accused soldiers were to go to CID was lawful (although
he could not order them to provide a statement). Further theevidence does not show that
any accused soldier was denied access to counsel: old the soldiers'
CompanyCommander, to escort
o their CID interviews. Even though sumigilliwas aware of order that no soldier should be taken to TDS. prior to going to CID, he hat during the interviews,"if it doesn't feel right, have theM
worn Testimony, Page 28)." Further, ID Agents advised each accused sol ter of his rights, to include the right to speak to an attorneybefore being questioned (Exhibit 6 -DA Forms 3881).
I recommend the developmental counseling because ailed to report his a.4).knowledge of a previous incident of abuse. regarding an Iraqi citizen in Balad, Iraq as Sworn Statement of 22 January 2004, Page 4).
(-S
'
7
12099
TF
TF JISMI,'ION VEPIFICATI(.14 REPORT
IME : 03r0/20134 15:51 -

1%.• , TIME AO. INANE .S) I-1SL_T P IDE - • 03: SE. : 1 Or% STAM:APD t-01411/

A
C12100
DOD 13757
=4141i egar,"
DEPARTMENT OF THE ARMY OFFICE OF THE STAFF JUDGE AD AT FORT CARSON, C
FROM:
TO '
DATA
COMPANY:'
• 'V46 OY
TOTAL NO. OF PAGES INCLUDING COYLIt
F.iX NUMBER:
ii
PHONE NUMBER: SENOCRI VAX NI.NBER:
7/5 S.4
SENDERS PHONE NCURER:
RE.
7/ • -s--ze
4r.f' 0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPIS '0 PLEASE RECYCLE
NOTES/COMNENTS-
OFFICE OF THE STAFF jUDGIEADVOCATli
FORT CARSON. co 50913

'212 1 01
DOD 13758
Lc)
t,t)j)t3
From:
Sent:
To:
Subject: Re: RE: Art. 32 iiipb
le A VC)
Untitled Attachment
kS
-
Just the messenger.

..

If you want you can email 41111111111‘ about the details if what is
wanted. I understa.d your reply though. You may also want your SJA to call
and they can figu.

it out. I assume they just want to be in the loop of what is being
done, but again.

am just the. messenger. Give me a call if you need a better explanation.

Ft.­
ft Hood Texas
''. 4W285 . OfficelAg:-.4444.
(254)2BB.

. Fax

This electronic message transmission contains information from.the Criminal Law Office of .
the 4th Infantry Division (Mechanized), Fort Hood, Texas which may be confidential or
privileged. The information is intended. for the use of the individual or agency to whom it
was sent. If you are not the intended 'recipient, be aware that any disclosure,

distribution or use of the contents of this information is prohibited.

C 12102

DOD 13759

RE: Art. 32 Reports -Page 1 of 2
h4If1 CO
111111111111/1/0ort CarsonlOSJA
9-64 ). •
From:
Sent: Monday, August 23, 2004 2:43 PM
To:
1.1.1111111111111. 111
-
Subject: RE: Art. 32 Reports -

L)
giew m,s —
What do you mean by "run through." Doesn't commander ofIlliPCT, have the authority to refer to a SPCM rather than referring for a CCM? I'm nai
llig that he will (I'm not sure what he plans on doing), but he should have that authority.
----Original Message--
From:01111.1.11410=a¦
Sent: Monday, August 23, 2004 2:40 PM
To:
Cc:
Subject: RE: Art. 32 Reports -

A here at 41D wanted to make sure you knew that any recommendations for action need to be run through thiS office as we have jurisdiction on the case. I believellialiwill be talking to your SJA, but he wanted me to give you a heads up before any action was taken_
llit
is the Chief of Justice and the TC on the case. .is the other TC.Iis TDY this week, but I believe he is checking his emails. Call me if I can do anything.
Fort Flood. Texas
P: (254) 2870C
F: (254) 28
DSN 737-XXXX
This electronic message transmission contains information from the Criminal Law Office of the 4th Infantry Division (Mechanized). FOrt Hood, Texas, which may be confidential or privileged. The information is intended for the use of the individual or agency to whom it was sent. If you are not the intended recipient, be aware that any disclosure, distribution or use of the contents of this information is prohibited.
----Oriainal Messa e---=-
[From
ent: Monday, August 23, 20.04 3:0I PM To: ‘r3 OSJA; Cc: '
8/24/2004
012103

DOD 13760

htl 6')
cli•( -1.1.1s-r-FoR rizr:•iti.m. CONFINE ,11-1:v--1
!Nil: t
:
W(11.. ETS date %Nil:

1 .1N:. I ¦ ear. __' months.
VIARRIED: No ()I: CHILDREN: No

()F.ARTICLF 15s: None
OF PREVIOUS CONVICTIONS: LNK PRESENT OFFENSES: Date " Article Offense'
FTR
.9. Jul 04 36
ITR A \VOL
12 Jul 04 86
23 Jun 0-1 to S6
29 Jun 0-1

21) Jul 04 to 86 AWOL ill'
27 Jul 04

$6 AWOL
17 Am! 2004 to
18 Aug 200.4

Disobeyine. an order lion) :m Commissioned Officer
17 :1ug 2004 90 '11 Disobeyine :tn order from an NCO
13 X lay 2004 cr, Failure to obey an order or rqulation N 21-1 -1 2 --
.3(1 Apri I 2004
knife and alcohol)
29 30 April 2(04 128 Assault , 12S Assault
13 N lay 1 1104
f !i;;J:•:11.4;11;t I
Wp'.n..211:1 use ...la controlled :.ttbstan.:e
. :Int! 30 April 2004
Wrolifol use of a contr.-1kt! stthslan...-.-
liemeen 31) larch 2004 II Isa
livrAven 13 Julie '004 1!2a
(mari;liana c.-caine)
aml 13 Jul'- '004
0121_04

DOD 13761

CONT:NUAT: -.:0 SHEET DO FORM 458.
• iantry
Item 10 con!ined:
Tie
VIOLATION
Charge
SPECIRC,A-.1 ON: In :oat
O4. with the 0
Iraq: on Or at...iout 1.:anuary
otriciat st21. tz.. wit: the:

. -r dt0 Wait; tc: their vehicir..
•I
searc.reci and :e ease
were •
of the rosci as. nis
the tteds, inciividuais or the zo'ik. 5"
was totally faise and .,:as then known by • 6—

g
ith)
VIOTION OF THE
CHARGE III:

at or :lea'
that
a'
a'pout 3 January 2004, white perpatfatinci :
Sarnarra, or: cy. i .
to wit: push him iraci the
persor. of :. 1-(
by drowning.
kill .
i .1 -ART; :.'...7:. :•'
VIOLATION F THE
CHARGE IV.
'....f.:.': .=-•: .. y c.

o.:: at.ornear
::.:Pr..-:C.IFICI-..TION: Ir. that.

about 3 January 2:004. commit an assautt........-n --.

Sarnarra. tri--.d. on o -.
111111:ly pusning t.i.--:: into the Tigris River at niohttinie.
ViOLATi nt9 F T4EIJCMj. ARTIC_F_ cyrs.
CHARGE V: . ..,5 •
(-2.'
: .--k -:::•; pia ;:-. 05 near
, .
SPECIF-ICA7ION1: In•that.
::;--:Y ‘7;f1 ::!t:avorec. 7;
uarV2004 and 16 january 2-. *rf!":1 1 •:
Sarrtarra. tryid on or 5etweer I
. sworn staternent . der.::. , :: : -..a:. :-.':".
irrtoe.d.e an investigation by falsel . ivin„ .3 /er
-
1.-ere pus':: .....: tr.::-. :. - . !,2 ”: r
n 3::C.!'
‘eparte.:: the arz.a
saw !rem standing at the shcre.line as his convoy d
012105

DOD 13762

PT Fort Carson/OSJA Fort Carson/OSJA
From: Z ‘4
'idaiiiiiii: *4 1:43 PM
Sent: irii
Fo Carson/OSJA
To:' ort Carson 4111111111111111.1111/111.1.6Fort CarsoniMenjuk
Cc: et,(-3
Carson
Subject:'f Letter from the RCO to the CG on

Gentlemen, FYI.
V/R


11111P

letter from RCO to
CG.doc
'
I 012106
Page 1 of 1 Message
qt)
Fort CarsonIOSJA (2 '
4)1 4:? 6
' ' • .!F
1...3 From: IIIIIIIIItj Fort Carson/Pi
E.Sent: Friday, August 13, 2004 4:46 PM
To: 411111111111. 1 ‘"3 K.... 11111110¦1110111.1 Fort Carson/OSJA
Cc:
Subject: RE)MnlliIll‘

CC)
(,7..
Mr. 110.11116 I/41 d 1 / "c)
Mr. it i com lete, Chie
I have no
apologize for not getting back with y u sooner. The investigation is continuing. Until information to release about appreciate your introduction. Major our f of Litigation Services, and I look forward to working with you.
--__original Message----6t-3.1
From:
Seni Friday, August 13,2004 2:01.PM

g/-17/14/ 9 it
subject: Fw:' t-.5 ) 4? '7 0-.)

I am resending this, as my server was down yesterday.
11111111111=10a— IZ-3
Attorney at Law
1-706-1111110. 1101 `— 2.4 Pia) I-
1-888-M
1-706-ax)_

‘-/
ht_101111110.0101111muling,— 44'
riginal. Message --- , / -I
-- O
— 4 '''
From:
g.(-2-) Zi-.3 i 9 CO
T0:41100.011101111.111111k-
Sent: Wednesda ,'August 11, 2004 15 -20
4/-2-iii--(/ ' 1V

li- 2, ii- aj ? C 0
-24 t-Zi i 710.
understand you are the Chief of Justice atI am the civilian counsel for
few months ago, but I understand he is no longer the SJA. I just wanted
011111001.spoke with
to introduce myself an find out if you know anything more as to when, or if, charges will be forthcoming.
Thanks.
— a3
Attorney at Law
1-7064.11.16)

1-888411111101111 .
1-706

C12107
9/28/2004
DOD 13764

Message Page 1 of I
CPT Fort Carson/OSJA
From: 1111111/1111111.1111110Fort Carsoillik
Sent: Wednesday, August 11, 2004 5:26 PM
t))
To:'411111111.1111111111kort Carson111111
Subject: FW: 6111.111100¦b_
(-C)
troi-771.27
,
o you want to reply, or do you want me to? At this point. I recommend saying nothing other than the
investigation is continuing. I'm not sure what Mr.rehrelationship is with

Z-3. (‘-s if
--Original Message-------)(4e-f-4 I 96,2
From: 4111141111111111MMINalaillinalliallar-ii-3
Sent: Wednesday, August 11, 2004 1:20 PM ,'
, n/z. )
TO:r11111111=TTMitalk—a.
r-.r
-.- -.I -
411
7"74, 41, 170 46 6".1-S)L 4-5/i916)
am the civilian counsel rommionigumu.'nderstand you are the Chief of Justice at CarsOn. I
spoke wi 111111101111111Jew months ago, but I understand he is no longer the SJA. I just wanted to introduce
yse and find mit if you know anything more as to when, or if, charges wiN be forthcoming. Thanks.

°17541.01ingliftp--130 Attomey at LailV 1-706q111111111,
9/28/2004 012108

DOD 13765

ri m NI'Fort Carson/1MP
From: 11',17/ ) 11111.11111 ForiCarson/01*
Sent: V') l IN nes a Ai 14 2Q04 3:56 PM

o: ort Carso ort Carson!
Subject: FW: PUC Cases Press Releases, Media Coverage, and Responses to Co ngre ss Once
Media Spin Starts

In case you had not seen -- some of the below is almost gibberish

1, Original Message
SJA Emailto:41111111110111011111Maus.army.mil]

0 4 :15 AM
r To:
lc Cc:.- SJA;.imempummill.141.1 OTJAG; 10111111ftipa

Fort Carson, arafk...SJA
Subjec.

Sgmtl: Wednesday, Jul.

PUC Cases Press Releases, Media Coverage, and Re ponses to Co ngre ss Once
Media spin Starts.

1.

6-

Where is CID with securing info from CIA on 1114111111Wand 41MMIli
homicide cases (3 ACR soldiers suspected)? I understand 7th ID, OSJA needs
info from a collaborative CID/CIA investigative effort. MOM

ax

111111111111iii!ttc:1L;L:IL

Original Message, ..
From: .(mailto:611/11M/IMIMMIL
Sent: Tuesday, Jul : 13,2004 6:42 PM
To Ia.&.- SJR; 4011.011M11111111111116111111111111111.1111111k

MMIlwCFC 1111=.
.

Cc: .Cc L OCPA;.Maj 11111111111111111.1111si
(E-mail)
Subject: PUC Cases Press Releases, Media Coverage, and Responses to Congr

as Once Media Spin Starts ]/...

Sirs, Ma'am, and MAJ. ), please ensure
coordination of any draft Press Releases on the Death Cases that occurred in
Dec 02, Afghan. CID is nearing completion of the two investigations. Army
and CENTCOM leaders are inquiring about the PA plan.

Many in NCR are concerned about how the results of these investigations are
finally reported to the media and public as well as Congress.

PAO, CIDC prepared to assist but is not lead for dealing with media.

Prior discussions have PAO, FORSCOM as le2 d unless CENTCOM wants to take
over as PA lead?

PAO, CIDC has spoken to PAO, FORSCOM an.OCPA, HQDA. To date
neither FORSCOM or CENTCOM has shared a draft press release or IDed which
office has lead for dealing with the Media.

Recommended model is the Command that has the prosecution be primary for
dealing with the media = FORSCOM for now even though the crimes occurred in

Page 1 of 1
1111111.11111111111.111111111Kort Carsortillpk
From:
Sent: Thursday, July 08, 2004 3:06 PM
To: 811111111111111111111111 11.1111116
Cc:
Subject: FW Atruireaders
Sir, we have back under our control
Nig
IOW
----Or" inal Message---
From Ms Fort Carson/AG Reassignments

Sent: Thursday, July 08, 2004 3:03 PMI To:. Fort Carsonallipr9P Subject: RE: Attachment Orders
Mir 60olosigs-
4 1.4 --mOritill•MulapFort Corso.
-F-roessa
CPT
Sent: Thursday, July. 08, 2004 2:58 PM ,

1
3 ------ro:ammerawort Carson/AG Reassignments
-
Subject: RE: Attachment Orders
I di dnot get anything attached.
Thanks
1'3.farfillaib
L 61-1-
COM: 719-52
arson.army.smilmil
----Original Message--
a-.7'From:'s Fort Carson/AG Reassignments
Sent: Thursday, July 08,2004 2:35 PM

4‘_ v, )'Toili„.111.111,CPT Fort Carson/fa.
Subject: Attachment Orders
Sir,
Attachment orders fort are below. If you need anything else, please let me know. Also, if everything's cleared an officer needs to be relea.sed from attachment, just notify me.
(-t9 —appplow
civet, reiSoimel Reassignments
Tel: 526-11110

012110
9/28/2004
DOD 13767

Page I. of I
al1111111.111111.11111111Wort Carson/IM
From: ginimultilliftrt Carson/110M
Sent: Monday, June 28, 2004 11:35 AM
To:'elal111001111•111110Fort Carson$11111&
Subject: FIN: New case
FYI.
111111111to
---Original Message--
From:1111.1118111111111111EOL Fort Carson/MS
Sen : Monday, June 28, 2004 11:26 AM
To' Tc Fort Carsolle /PFort Ca rt
Carson4.1181t

46-3
Subject: FW: New case

i Message-----einnommium
From
Sent• Monday, June 28, 2004 11:17 Ati
To:41111111111.111111111.11111111-ort Carson/NM 4'1-2-4I-3
Subject: New case

-Z)
In the truly small world department, I have been retained to represen t 1.,111010111 I am sure you are

,
familiar with the case. Merely dropping a line to let you know of my involvemenaskf you have any idea
t, and To
where the case is in the process. He has just closed on a house in so there are family considerations.
Let me know, and hope all is well.

IMP
-3
1-7
1-888
1-706

C1211.1
9/28/2004
Page 1 of I
Message
11111.111111111111111111111r ort CarsonfillIM
From: 4111111111.1111111.11111.1111111111111111111111r
Sent: Tuesday, June 29, 2004 9:17 AM
To:

4011011111111111111111111.11111111Pr
Cc:
Subject: CG's Comments in Denver Post
Sir -FYI
4111/MP
Denver Post
June 27, 2004

Ft Carson Commander Waiting For Evidence In Iraqi Death
By The Denver Post
The commanding officer at Fort Carson says he has not made any determination regarding charges against two military intelligence officers implicated in the death of an.Iraqi general during interrogation.
Maj. Gen. Robert Wilson, in a written statement released Friday, said he hadn't seen any of the evidence gathered against the soldiers and that he won't make a decision on whether to file criminal charges until then.
"No competent authority has signed a charge sheet because the investigation has not been completed or received by this headquarters," Wilson said.
The Denver Post reported Thursday that Army officials plan to file negligent-homicide and manslaughter charges against the Fort Carson-based intelligence officers who allegedly suffocated Maj. Gen. Abed Hamed Mowhoush, a commander of Saddam Hussein's air forces, during an interrogation in
November. Chief Warrant Officers Lewis Welshofer and Jeff Williams allegedly placed Mowhoush in a sleeping bag while sitting on his chest and covering his mouth.
The two enlisted soldiers face dereliction-of-duty charges in the fatal interrogation, according to a
Pentagon document obtained by The Post.

The Post reported that Welshofer and Williams were reprimanded by their commander, Col. David Teeples of the 3rd Armored Cavalry Regiment, and forbidden from conducting further interrogations.
Members of the 3rd Armored Cavalry Regiment also are being questioned about the death of Iraqi prisoner Abdul Jaleel, 46, on Jan. 9. The Army has said Jaleel died of blunt force injuries and asphyxia.
In his statement, Wilson said he "has not formed any conclusions about these cases at this time and will carefully consider appropriate action based on a review of all the evidence and relevant law."
9/28/2004 012112

Message Page 1 of
ort Carsoll11.116
From: 4101.1111.111111Mort Cars° 111111.11
Sent: Thursday. August 12, 2004 12:07 PM

To: Villielanalairsdrt Carson
Cc: iummumport Carsonilinip
Subject: FORSCOM High Profile Case Update

Sir.
; i A Here is what I propose we send to FORSC M. The letters and case designations correspond to those in Mr. ,i-1.)' trem and the SJA 1 GO
„....---...--
al1.iiiiiiii esso
(a) the otherwise The only piece Carson has is the 3210 and administrative support for the 32. The 32 on three of the four is complete; and the 10, ' is nearly finished with his report. ellIllIllIl.fasscheduied the fourth 32 for 8 September. (-7.4 5
4-s) 1-'3.61-1,4te'3
(b) d ACR): Former 11.11111¦1*asked CID to try to find victims and/or interpreters in Iraq. ,.., . That earth is ongoing. In the meantime, is currently assigned tollWraining : Brigade at Fort Bliss.
''Rowever, he is apparently attpcheil to AC3d R for UCMJ purposes. Z44 4)(4 /Zi-/A-•"4-3rd ACR04,iiiiii hpa ‘‘ z/
(c)
ncH11.111111101011111}: CID investigation nearly complete. Anticipate preferring charges 011-thlrilTs culpable by the end of the month.

(d)
3rd ACR troopers too See comments for (c).

There is obviously much more we could say in this update. Let me know if you need me to draft something more extsive, or if you want a briefing from those most knowledgeable on the cases.; 471-1-3.. ,,,,i.. . Please chime in if any of the status reports are incomplete or incorrect
012113
9/28/2004
DOD 13770

bv5
.
WINSINIMIINal Fort Carom/ OW
From: Sent: To: Cc: Subject: • W nsd3y411y 21, 004 f:ClO PM ort Carson. ort Carson List of SUSpects and Witnesses
• As requested Sir. V/R MIN
List. of Suspect and Witnesses.—
• 7,..Tir

1 012114
DOD 13771
sammors,..
SUSPECT 3d ACR. ACR . ACR. langaffialWir~rafraira 3d ACR. WITNESSES 3d ACR.
111114.11111111111111, National Guard. 1111,1111111111111111111111111P, AFIP. 41111MagialliMa 3d ACR. iipgammaim 3d ACR.
Case
SUSPECTS 111.11111111.11111111111111111111.1.1.1111 3d ACR.3d alP1111111111.11....11.111.1. 3d ACR.
11.1101111.1111111011.11.1111.10d ACR. 5th SF Group.
11.111111111111.10111111111111111 3d ACR "SF Group. 1p'5"' SF Group. WITNESS S 3d ACR. Illesmommompirsiational Guard. 111Pairriammem 3d ACR. gastammima riir3d ACR.
012115
DOD 13772

3d ACR. 4
3d ACR.
d ACR. 0.11111111111111110.3d ACR. 3d ACR. 11111111111111111.11'3 ACR.
012116
DOD 13773
INTERROGATION TF Page 1 of 4
11111111111111.11111111Fort Carson/OSJA
From:.411111111111111111.11,Fort Carson OSJA Sent: Thursday, July 22, 2004 2:15 PM To: Balfailaraga.Fort Carson/IG
Cc: 'Fort CarsonlOSJaallallIBINDFort Carson/0%40MM=11111
rt CarsoniOSJA Subject: FW: Answer refellailli. INTERROGATION TF Importance: High
Sensitivity: Confidential
Here is the guidance from DA and our list of subjects and primary witnesses that we do not want interviewed. If
you have any questions please let me know. Thanks.

----Original Message---
From: OTJAG [malt.1111110@us.army.mil]

Sent; Y''" To: y, u y 22, 2004 1:50 PMSJA;. OTJAG
Cc: OTJAG; - SJ -SJA;
Carson OSJA; - SJA;
ODA
j : : nswer ref ROGATION TF
Sensitivity: Confidential

Per'guidance, I spoke to the lead Navy Team OIC for investig on. is name was •
His guidance was:
Navy IG does not want to interfere with any on-going criminal investigation.
Fort Carson IG should interview those MI soldiers who are not subjects or primary witnesses to alleged criminal misconduct - these are the "available" personnel who can complete the questionnaire.
Only these "available" personnel need be interviewed with the 13-page questionnaire provided by Navy IG. This is consistent with the email below to only interview "available" witnesses.
Fort Carson OSJA can determine with consultation with CID which witnesses meet the definition of "available."
The issue of future release of the questionnaires taken at Fort Carson under RCM 701 is the same as the release of similar statements in IG's possession just recently requested by'TC for Abu Ghraib prosecutions - it is not resolved.
9/28/2004
012117
'

411.11111NWINTERROGATION TF Page 3 of 4
Fronvill.11111111.1116Fort Carson/IG Sent: Wednesday, July 21, 2004 12:54 PM To:' Fort Carson/7ID HQ Cc•'Fort Carson/Inspector General4111111111.ignetarmy.mil'Alaria
rson OSJA
Jed: FWirmuess INTERROGATION TF
Importance: igh

Sir,
Yesterday afternoon, I was called by' ho is one of three Team
Leaders on an Investigation Task Force le' (the Navy's Inspector General).
At the direction of the SECDEF (see attachment ,tis s c orce has been investigating
Interrogation practices, procedures and policies in Gitmo, Afghanistan and Iraq.

team conducted interviews and other information gathering in Iraq over the past everal months. While there, he and his team were told that they might want to contact intelligence folks from Fort Carson who had been in Iraq.
1.111/111111Mlirequested assistance from me due to a lack of time available before the Task Force's report Is due to the SECDEF. He requested the following assistance:
1.
Confirmation that there are, in fact, Military Intelligence interrogators & other Intel types here at Carson who had been deployed to Iraq.

2.
Given the current on-going criminal investigations, he asked for a list of "available" interrogators which could be interviewed using the questions (pages 1-13) from the attachment.

3.
He requested that the IG office here conduct the interviews and provide the results back to him NLT the beginning of next week.

Based on the DAIG Intel Oversight team visit last week and the CMD Group's / SJA sensitivity to the on-going investigations, I asked 'to review the questions and give me his opinion on this request for assistance. He a e 'e questioning of any of the interrogators (both the ones already identified as subjects as well as any that might be called as witnesses) could compromise the capability of the SJA to prosecute the on-going. and/or future cases effectively.
As such, believe that the CG needs. to be made aware of this request and provide guidance on whether he wants me to assist in some fashion or not I am supposed to contact 'this afternoon to give him some feedback on his request.
v/r
rrn
7th ID(L)'or arson
Commercial: 719) 52.ffivam
Fax: XXX
DSN: 691-'X
email: fIMIIIIIIIIIIIII©carson,army.mil

---Original Message--
From:11/1...1.1110CARSON-IG [mailt4111111/11111111111111army.m11]
Sent: Wednesday, J*-2-1; 2004 6:34 AM
To.' rt Carson OSJA

'
9/28/2004
012118
DEPARTMENT OF THE ARMY
HEADQUARTERS, 3d ARMORED CAVALRY REGIMENT
FORT CARSON, COLORADO 80913

REPLY
ATTENTION OF

DATE:
AFZC-R-CO
, Office of the Staff Judge Advocate,
MEMORANDUM FOR
Fort Carson, Colorado 80913 VP')

4‘‘- ,t‘—‘5.;
SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of U.S. v.gmfilmisli
6i-ir 4 ?CO
t. You are hereby designated to investigate the attached charges in the case of
3d Armored Cavalry litegiment, Fort
-7 air 6if,, o orado 80913,under Article 32, UCMJ. Additionally, you shall investigate and make a
recommendation as to any uncharged offenses, except minor offenses as defined by Part V, Manual for Courts­
2-/ Martial, brought to your attention during the investigation unless counsel for both•sides agree that they should not be investigated.
.2.. Your investigation will be conducted IAW Article 32(b), UCMJ, R.C.M. 405, MCM (2002 Edition) and AR 27­
10. -Kbtedural.guidance is contained in DA Pam 27-17_
3.
Promptly upon receipt of this endorsement, you will contact the Office of the Staff Judge Advocate — Administrative Law Division at DSN 5264.1•Your appointed advisor will assist you in technical legal advice and guidance. All questions concerning the law applicable to this case, as well as questions concerning admissibility of evidence, etc., will be directed to the advisor. You will not contact the government representatives for assistance or advice in any substantive legal matters regarding the investigation. The hearing will be open.

4.
You will set the date for the Article 32(b) investigation to take place within five duty days from the date of this memorandum. You may approve reasonable defense-requested delays, not to exceed twenty duty days in length, occasioned by scheduling conflicts or defense requests for witnesses. Any requested delays beyond thirteen duty days from the date of this correspondence will be immediately forwarded through the trial counsel to me for action. Within 72 hours of completion'of your investigation you will deliver the original Investigating Officer's Report, DD Form 457, with enclosures, and a detailed chronology of the investigation to the Criminal Law Division, OSJA, Fort Carson. .

5.
Your clerical and administrative support will be provided by the 3d Armored Cavalry Regiment Military Justice Cell of the Criminal Law Division, Office of the Staff Judge Advocate. You may contact this office at 526

-
111.111r The duty uniform should be worn at this hearing to facilitate witnesses returning to regular duties.
6. You are reminded that Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This investigation is your primary duty until completed and takes precedence over all other assignments, including field duty, scheduled leave or TDY.
r) 1.3
11111""3 '--2
Commanding • I 901)
012119

DOD 13776

DEPARTMENT OF THE AMY HEADQUARTERS,
/ _I
iv& ti
FORT CARSON, COLORADO 80913-5000
ORDERS 04-189-01 7 July 2004
FT CARSON, CO 80913 111111111.
11I gi
YOU ARE ATTACHED OR RELEASED FROM ATTACHMENT AS SHOWN.
ACTION: YOU ARE ATTACHED TO 3D ARMORED CAVALRY REGIMENT (WAY8AA) FT CARSON, CO 80913-EFFECTIVE DATE: 15 JULY 2004 PERIOD: 15 JULY 2004 —15 OCTOBER 2004 PURPOSE: SOLDIER IS ATTACHED FOR UCMJ ACTION/INVESTIGATION. IF THE INVESTIGATION IS COMPLETED PRIOR TOO OR GOES PAST THE END DATE, SOLDIER WILL NEED TO CONTACT HIS BDE SI FOR NEW ORDERS. FORMAT: 440
3
1 ,t/N. ,I. no,. DISTRI b" VP It
CDR, ARMOR REGIMENT, FT. CARSON, CO 80913 CDR, T DIVISION, FT. CARSON, CO 80913 CDR, 3D ARMORED CAVALRY REGIMENT, FT. CARSON, CO 80913
012120

• 1.11­/11,1. II SLICES s 'jr I r7c P.M111111 ''EADQUARTERS, 3D ARMORED CAVALRY REGI' NT FORT CARSON, COLORADO 80913 '
REPLY TO ATTENTION OF

DATE:AFZC-R-CO
MEMORANDUM FOR Commander, 7 1h Infantry Division and Fort Carson, Colorado 80913.
Z1.4, M-5 ?a)
SUBJECT: Recommendation of Disposition fo
6k../ e) ‘31i‘,P ¦69i41-4) s ili-( /h1441"4
eamummnms
is the form d Armored Cava
Re iment at FOB , Iraq. He was involved in the multi e incidents O detainee abuse.
the former 3d ACR Commander, reprimanded for his misconduct. Based
on the 26 statements obtained in the AR 15-6 investigation and CID having contacted the...
n
eiliVy of the witnesses, I recommend going forward with court-martial charges against=
(-2-) 66 S
.)
2. As of , the charges against ould most likely be: Detainee Abuse (a violation of G nevanventions), Aggravated Assault, Assault and Conduct unbecoming.
Co
1-r 494
3-was also involved in the abuse of detainees and received a Field Grade ART 15 tar his invo vement. Court-martial charges may be preferred against him for his conduct as well.
IZT,Iel—rivc)
4. As of now, the charges again ' would most likely be: Detainee Abuse (a violation
. .
of Genpva Cons;enoqs vated AssaiAssault and Conduct unbecoming.
l
was invo d in the shooting in the general directiorrofit detainee in the it to encourage the detainee to F operate in the gathering of information. This act by is was under direct order from . With his cooperation in this case, the appropriate action for him will most like y .e an ART 15 or less.
6.
CID is currently attempting to locate the victims and one of the witnesses. CID also has not yet contacted two of the witnesses but has determined their current whereabouts.

7.
You have retained jurisdiction on all cases involving detainee abuse. Based on the forgoing, I request the authority to proceed in these cases.

Commanding
.69(;)
012121

DEPARTMENT OF THE ARMY
OFFICE OF THE STAFF JUDGE ADVOCATE FORT CARSON, COLORADO •
FACSIMILE TRANSMITTAL SHEET
I,
10.
M111111111•11111111111111in."A.
OATH:COMPANY:'
Provost Marshall's Office 4 OCTOBER 2004 Fnx NCMBER: TOTAL NO. OF PAGES INCLUDING COW ;R: 2•
6.0.-/--dt—I IA"
PI IONE NUMBER: // . ; DM'S FAX NUMBER:
Y111.
RI P.NDER'S PHONE NUMBER:
Request for NCIC/CCIC Check for
Soldier Pending Court-Martial

. FOR REVIEW . PLEASE COMMENT . PLEASE REPLY'. PLEAsr. REcvo.v.
. URGENT
hII1NTS:
OFFICE. 01:'STAPP JUDGE ADVOCATE
ATTN: APCZ.-.IA-CL (3ACR MJ CELL)
7086 ALBANESE LOOP
PORT CARSON, CO 50913

012122

DOD 13779

DEPARTMENT OF THE ARMY
HEADQUARTERS, PI INFANTRY DIVISION AND FORT CARSON
OFFICE OF THE STAFF JUDGE ADVOCATE
REPLY TO FORT CARSON; COLORADO 80913
ATTENTION OF

AFZC-JA-CL DATE: 4 October 2004
MEMORANDUM FOR Provost Marshall's Office, ATTN: NCIC/CICC Records Coordinator, Fort Carson, Colorado 80913 SUBJECT: Request for NCIC/CICC Checks
1. This office is preparing court-martial charges against the following soldier. Request a copy of the NCIC/CICC criminal history checks the below soldier to ensure their packets are complete:
. NAME. ) SSN # DOB 11111111111=1111•111 IMO NNW
2. POC is the undersigned at 526-011/ap
-
1--NeN
012123
-RANSMISSION VERIFICATION REPORT
1 TIME : 10104/2004 13:42
DATE. TIME FAX NO./NAMEDURATION PAGE(S).RESULT *ODE 00:00:42 02 OK STANDARD ECM tjA/11/

012124

OF THE ARMY OFFICE OF THE STAFF JUDGE ADVOCATE FORT CARSON, COLORADO
DEPARTMENT OF
FACSIMILE TRANSMITTAL SHEET
compANy: DATI.. USAEREC (ATTN: PCRE-FF) 4 OCTOBER 2004
PAX NUMBER: TOTAL NO. OP PAGES INCLUDING COVER:
(317)510Na 2
PlIONE NUMBER: SENDER'S FAX NUNS -
(719) 52 SN 691.11.
SENDERS'UMBER:
Request for copy of the Official Military (719) 526-
Personnel File (OMPF) for Soldier
(DSN 691
Pending Court-Martial

0 URGENT 0 FOR.REVIEW El PLEASE COMMENT El PLEASE REPLY'El PLEASE RI:CYCLE.
Noms/commENTs:
OI'I'JCI OF TUE STAFF JUDGE ADVOCATE
ATTN: A FEZ.) A -Cl. (3ACR MJ CELL)
7089 ALBANESE LOOP
FORT 'CARSON, CO 110913 •
012125

DEPARTMENT OF THE ARMY
HEADQUARTERS, TIN INFANTRY DIVISION AND FORT CARSON
OFFICE OF THE STAFF JUDGE ADVOCATE
uptick) • FORT CARSON, COLORADO 80913

ATTENTIONOF

AFZC-JA-CL DATE: 4 October 2004
MEMORANDUM FOR Commander, U.S. Army Enlisted Records and Evaluation Center, ATTN: PCRE-FF, Fort Benjamin Harrison, IN 46249-5301
SUBJECT: Request for OMPF
1. This office is preparing court-martial charges against the following soldier(s). Request a copy of the Official Military Personnel File (OMPF), to include the restrictive fiche. Also, please include certified copies of any Article 15's, or letters of reprimand, for each soldier named to ensure that their packets are complete:
NAME SSNO DOB
1111.1111111111111111 1111.11111,
2. Please use the following mailing address:
occi
Office of the Staff Judge Advocate ,
ATTN: 3d ACR Military Justice Cell
7086 Albanese Loop
Fort Carson, Colorado 80913

3. POC is the undersigned at DSN 52611.11111,
012126
DEPARTMENT OF THE ARMY
Headquarters, 7th Infantry Division and Fort Carson
Office of the Staff Judge Advocate
Fort Carson, Colorado 80913

AFZC-JA-CL 18 October 2004
MEMORANDUM FOR RECORD
SUBJECT: Authentication of DA Form 2627
I certify and attest that I am the official custodian of DA Form 2627's, Record of Proceedings Under Article 15, UCMJ, for the 3d Armored Cavalry Regiment, Fort Carson, Colorado. These records are regularly preserved and maintained by me in my official capacity in this office in accordance with applicable regulation prescribed pursuant to
1,0
statutory authority. I further attest that the attached DA FOqn 2¦527, Record of:Proceedings Under Article 15 UCMJ, pertaining to 3d Armored Cavalry egiment, Port Carson, Celorade, dated 13 1 a-2-October 2003 is a true and accurate ccpy of the original DA Form 2627.
‘9cc)
1 a-7)J
Legal Cell
J 4 r3f):6)
012127

RE IRO OF ROCEEDINGS UNDER TICLE I, UCMJ
k.;
jr-use of His or ewe AU 27-10; ,be propane )genc 'iJAG.
.
See Note, on R )Before Coniplefin )fools
NAME GRADE SN UNIT PAY Maria & Sattlfareigos) •
n 0 $2,477.40
, 111111111,
I. I am considering whether you should be punished underArticle 1 5JJChti, for the following misconduct: 11
In that you, who should have !mown of your duties at or near the Ar Rutbah police station, on or about 9 July 2003, were
derelict in the performance of those duties in that you willfully failed to properly handle detainees, which conduct was to the
prejudice ofgood order and discipline in the armed forces or was of .a nature to bring discredit upon the armed forces, as it
was your duty to do. This is in violation of Article 92, UCMJ.

(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 at a trial by court-martial.
You have severs; 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 hearin4 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.411 (mailers ofdefense) or why punishment should be very light (mailers of

extenuation and mitigation). I will consider everything you present before deciding whether I will impost punishment or the type and
amount of punishment I will impose. V 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-martial instead. -V In deciding what you want to di) you have the right to consult with legal counsel

Located at 'MS, A Asad„302-539-0717 . You now hoe 48 hours to decide what you want to do. V
'7..i

DATE ' i -c 9 NAME, GRADE, AND ORGANIZATION OF COMMANDER
-.._3
TIME'Zet15 0
1,1,9 CA
3. Havin 'been afforded the opportunity to consult with counsel, my decision are as ollows: (Initialappropu ate blocks, date, and sign) ).
a.) I demand trial by court-martial.
.b . NM I do not demand trial by court-martial and in the Article 15 proceedings: 1

(1) 1 request tlieheariog be I I Open ill closed. 2 A arson to speak in my behalf Ups
I I Is not requested.

(3)
Matters in defense, mitigation, an or eaten ion: not presented WI in person I I Are
attached.

DATE AME_AND.GElAPE OF SERVIcE M MBER

k. 6er.b
,
-, -'•'
4. In a(n) ['I Open Closed hearing 0 all matters presented in defense, mitigatio , n or extend timing been
,:onsidered, the following punishment is imposed:St' Forfeiture of $1,238.00 pay for one month..

ht..• /,, ht-1,1q cL)
5. • . El
6. You are advised of your right to appeal to the within5 calendar days. An appeal made alter that
Cdr, 3d ACR
time may in reacted es untimel . Punishment is effective immediate) unless otherwise stated above. ---
twig -,'4,3 NAME, GRADE, AND ORGANIZATION OF COMMANDER

IThOCA— Mallitiliffilinaliallinf
7. (Initial a propriate block dale, and sign). , ) •
4--
b. l appealriV submit additional
a.)1 do not appeal nultters
I appeal and do not subnit additional matters--c
DATE i NAME AND G )E)SERVICE MEMBER
1 be--1 115
. . .
IR. 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: -
I I Denied I I Granted as follows: 121


DATE NAME, GRADE, AND ORGANIZATION OF. COMMANDER SIGNATURE
ID. ! have seen the action taken on my appeal. I DA SIGNATURE OF SERVICE MEMBER
I I. •LLIED DOCUMENTS AND/OR COMMENTS LI, WD,

l.
Continuation page ' 2. 15-6 Inv Rpt V3

' /CO
DA FORM 2627, AUG 84 (EG) EDITION OF NOV 82 IS OBSOLETE ORIGINAL
012128
DOD 13785

il"( bffsc)

DA Form 2627 pertaining to 3 ACR, FOB, Iraq
09320
Item 1 (con't): I Pw Lit
In that you, did, at or near FS 06 East-West route, South of FOB on or betWeen 13 July 2003, wrongfully

and willfully discharge a firearm, to wit: in the vicinity of a detainee, under circumstances such as to end -angerhuman life. This is in violation of Article 134, UCMJ.


2
f1, 12129
CERTIFICATE)9 663
reby certi isted Records Bne to 3d Armored Cavalry Regiment, Fort Carson, Colorado 80913, was obtained through the.Army Human Resource stem (AHRS), 1 October 2004. The MRS is the Army's database of all personnel records and contains the latest, most up-to-date information. .
0 12130
DOD 13787

Doc_nid: 
3590
Doc_type_num: 
734