Court-Martial re: General Court-Martial Order Number 10 for Staff Sergeant Scott A. McKenzie

Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304

GENERAL COURT MARTIAL ORDER 30 September 2004 NUMBER
Staff Sergeant Scott A. McKenzie, S Army, HHG, 320th Military Police Battalion, Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces Land Component Command.
Charge I. Article 92. Plea: None Entered. Finding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Talil Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding: None Entered.
Charge H. Article 93. Plea: None Entered. Finding: None Entered.
.b.6) a,)0,
S ecification 1: On 12 May 2003, did maltreat a person subject to his orders, by throwing him to e ground striking him on e ead and egs as he walked to the in-processing tent. Plea: None Entered. Finding: None Entered. 6,6 ) 6.1.
7A1 S ecification 2: On 12 May 2003, did maltreat a person subject to his orders, bnillg!mill,111,!!!!!!ground.
rm P ea: None Entered. Finding: None Entered.
(t)) (6) -16(47)4 Specification 3: On 12 May 2003, did aid and abet in the maltreatment o aimmi, a person subject to his orders, by holding his legs apart, and by encouraging o soldiers to kick him, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea: None Entered. Finding: None Entered.
Specification 4: On 12 May 2003, did maltreat , a person subject to his orders, by throwing him to the groun ace an s epping on his previously injured aim. Plea: None Entered. Finding: None Entered (

g.*Py
Specification 5: On 12 May 2003, did maltreat a person subject to his orders, by twisting his previously injured arm, causing him to scream in pain. Plea: None Entered. Finding: None Entered.
012134
2 0 0 4 0 0 8 6
Charge III. Article 107. Plea: None Entered. Finding: None t
(6)6 )

Specification: On 16 May 2003, with the intent to deceive, mak to Special Agen United States Army Criminal Investigation Division Command, official statement on a DA Form 2823 Sworn Statement, to wit: that he did not see MSG kick an EPW in the groin, that he did not see SG kick an in the groin, that he did not hold an EPW's ankles while fern soldiers kicked tFie EPW, that he did not drag an EPW to the searching area, that he did not thr w EPWs to the ground, and that he did not kick, punch, or do anything unnecessary to any of e EPWs, or see any of the other MPs do anything unnecessary to the EPWs which was then kno by the said SSG McKenzie to be so false. Plea: None Entered. Finding: None Entered. -S) 6,0
Charge IV. Article 128. Plea: None Entered.
Specification : On 12 May 2003, unlawfully drag , an Iraqi prisoner of war, across the groun his armpits. Plea: None Entered. in mg: one Entered.
Specification 2: On 12 May 2003, aid and abet Master Sergeant and Sergeant in unlawfully kickin , an Iraqi;-(6)04e." war, in the groin, face, abdomen, by holding leg and encouraging SGT
o kick him. Plea: None Entered. Finding: None Entered.
4. 4 a4) (V7Specification 3: On 12 May 2003, unlawfully throw , an Iraqi prisoner of war, to the ground on his face, and stepped on his previously injured arm. Plea: None Entered. Finding: None Entered.
(NA) Vi .(617)(07/
Secification 4: On 12 May 2003, unlawfully thro '4)4) Iraqi prisoner of war, to the ground and strike him on e legs as he w ed (6)e7)CY to the in-processing tent. Plea: None Entered. Finding: None Entered.
Specification 5: On 12 Ma 2003, unlawfully twist the previously injured aim ofillIMPIN , causing him to scream in pain. Plea: None Entered. Finding: None Entered.
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered.
sib
C6C(dsSpecification: 0 o impeded an investigation by meeting with
i 6 May 2003 wrongfully endea MSG SG
SP and others for the purpose of deciding who would take responsibility for the actions of SSG McKenzie's unit and to misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
SG Scott McKenzie, and SPC take responsibility for the actions of SSG McK 'e's unit at or near Camp Bucca, q on or about 12 May 2003. Plea: None Entered. Finding: None a ed.
(.4)-51v-of
012135
Additional Charge II. Article 81. Plea: None Entered. Finding: None Entered..
Specification: On 16 May 2003, conspire with MSG SGT and
SP411111/111111111111111to commit an offense under the Uniform Code of Military Justice, to wit:
Obstruction of Justice, by meeting to decide who would take responsibility for the actions of SSG
McKenzie's unit, and in order to effect the object of the conspiracy the said I4SG
SSG McKenzie, SGT111111.111111M, and SPGitaNdecided who would take responsibility
for the actions of SSG McKenzie's unit and to misrepresent what occurred on or near Camp Bucca,
Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered.
Finding: None Entered.

The accused having been arraigned, the proceedings were terminated on 7 January 2004. All
charges and specifications referred are withdrawn and dismissed with prejudice. All rights,
privileges and property of which the accused may have been deprived of by virtue of these
proceedings will be restored.

BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:

A) cavr)2
DISTRIBUTION:
1- SSG Scott A. McKenzie 1- Military Judge 1- Defense Counsel SGM, USA Chief Paralegal NCO
1- Cdr, 320th Military Police Bn 1- Cdr, 800th Military Police Bde
1- PSB, ATTN: Records Section
1- DFAS

10- Clerk of Court (J4LS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837 1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249
1-Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 Page Boulevard, St. Louis, MO 63132-5200 1-FORSCOM, ATTN: FCJA-Mi.,„ Fort McPherson, GA 30330-6000
I
3
012136
DEPARTMENT OF THE ARMY
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304

GENERAL COURT MARTIAL ORDER 30 September 2004 NUMBER 10 (405-
Staff Sergeant Scott A. McKenzie,111111111111 US Army, HHG, 320th Military Police Battalion, Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces Land Component Command.
Charge I. Article 92. Plea: None Entered. Finding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Tall Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding: None Entered.
Charge II. Article 93. Plea: None Entered. Finding: None Entered.644) - WO
Specification 1: On 12 May 2003, did maltreat
and a person subject to his orders, by owing to the ground sngTum on the head and legs as he walked to the in-processing tent. Plea: None Entered. Finding: None Entered.
S ecification 2: On 12 May 2003, did maltrea a person subject to his orders, by dragging him by his armpits across the ground. Plea: None Entered. Finding: None Entered.
(4A-sz (6) 77(e5'
Specification 3: On 12 May 2003, did aid and abet in the maltreatment o
a person subject to his orders, by holding his legs apart, and by encouraging other soldiers to kick him, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea: None Entered. Finding: None Entered.
Specification 4: On 12 May 2003, did maltreat a person subject to his orders, by throwing him to the ground on his face and stepping on his previously injured ann. Plea: None Entered. Finding: None Entered.
Specification 5: On 12 May 2003, did maltreat a person subject to his orders, by twisting his previously injured arm, causing him to scream in pain.Plea: None Entered. Finding: None Entered.
012137
2 0 0 4 0 0 8 6
Charge III. Article 107. Plea: None Entered. Finding: None Entered. / / 'zee
(:619t4V
Specification: On 16 May 2003, with the intent to deceive, make to Special Agent...NM United States Army Criminal Investigation Division Command, an official statement on a DA (6)(6) Form 2823 Sworn Statement, to wit: that he did not see MSG ack an EPW in the )(7 groin, that he did not see SGT c an in e groin, t e no hold an EPW's anIdes.while female soldiers kicked the EPW, that he did not drag an EPW to the searching area, that he did not throw EPWs to the ground, and that he did not kick, punch, or do anything unnecessary to any of the EPWs, or see any of the other MPs do anything unnecessary to the EPWs which was then known by the said SSG McKenzie to be so false. Plea: None Entered. Finding: None Entered.
Charge IV. Article 128. Plea: None Entered. Finding: None Entered.
Y 6)

Specification 1: On 12 May 2003, unlawfully drag ­iiismitino, an Iraqi prisoner of war, across the ground by his armpits. Plea: None Entered. Finding: None Entered.
CCS) -s-,41*-fi-Specification 2: On 12 May 2003, aid and abet Master Sergean d Sergeant
)(00
in unlawfully kickin , an Iraqi '(4 6y prisoner of war, in the groin, face, abdomen, by holdin eg and encouraging SGT to kick him. Plea: None Entered. Finding: None Entered.-(56).4./.; (6) ?(1
Specification 3: On 12 May 2003, unlawfully throw an Iraqi prisoner of war, to the ground on his face, and stepped on his previously injured arm. Plea: None Entered. Finding: None Entered.
(44)-4116)*51
Specification 4: On 12 May 2003, unlawfully throwillINIMIIIIMINIMIIMP 4110111111bandillatan Iraqi prisoner of war, to the ground and strike him on the legs as he walked1,1)(014 to the in-processing tent. Plea: None Entered. Finding: None Entered. (),(e) 000d7 Specification 5: On 12 May 2003, unlawfully twist the previously injured arm of WIPIIMIMMINININO, causing him to scream in pain. Plea: None Entered. Finding: None Entered.
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered.
Specification: On 16 May 2003, wron full endeavor to im eded an investigation by meeting with MSG SG SPC , and others for the purpose of deciding who would take response i or the actions of cKenzie's unit and to misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
SSG Scott McKenzie, and SPC would take responsibility for the actions of c nzie's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered. Finding: None Entered.
2 012138
Additional Charge II. Article 81. Plea: None Entered. Findin : None Entered. 4)-6 j 6ig 6)(.6)60gpeification: On 16 May 2003, conspire with MS SG and
commit an offense under the orm ode of ce, io wit: Obstruc on ofTuitice, by meeting to decide who would take responsibility for the tions of SSG McKenzie's unit, and in order to effect the object of the conspiracy the said MS SSG McKenzie, SGT d SP )AV for the actions of SSG ' c' enzie s um to misrepresent what occurred on or near amp Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding: None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All charges and specifications referred are withdrawn and dismissed with prejudice. All rights, privileges and property of which the accused may have been deprived of by virtue of these proceedings will be restored.
BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:

(4-(6)
)(?).e.
DISTRIBUTION: 1- SSG Scott A. McKenzie SGM, USA 1- Military Judge Chief Paralegal NCO 1- Defense Counsel 1- Cdr, 320th Military Police Bn 1- Cdr, 800th Military Police Bde 1- PSB, ATTN: Records Section 1- DFAS 10- Clerk of Court (JALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837 1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249 1- Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 Page
Boulevard, St Louis, MO 63132-5200
1- FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000

3 C 12139

Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304

•
GENERAL COURT MARTIAL ORDER 30 September 2004
NUMBER 10 ,0407.) k9) -s'
Staff Sergeant Scott A. McKenzie, 41111.11.US Army, HHG, 320th Military Police Battalion,
Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following
offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces
Land Component Command.

Charge I. Article 92. Plea: None Entered. Finding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully
failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from
Talil Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding:
None Entered.

Charge II. Article 93. Plea: None Entered. Finding: None Entered.
Specification 1: On 12 May 2003, did maltreat saummmilliMMIIIM
allianandAM* a person subject to his orders, by throwing him to the ground striking him on the head and legs as he walked to the in-processing tent. Plea: None Entered. Finding: None Entered.
(L) -V.X6)4V
Specification 2: On 12 May 2003, did maltreat 011111ROMM, a person subject to his orders, by dragging him by his armpits across the ground. Plea: None Entered. Finding: None Entered.
0) 4)1*X
Specification 3: On 12 May 2003, did aid and abet in the maltreatment ogliallIMMINIak
person subject to his orders, by holding his legs apart, and by encouraging other
soldiers to kick him, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea:
None Entered. Finding: None Entered.

t ()(7,10/
Specification 4: On 12 May 2003, did maltreat a person
subject to his orders, by throwing him to the ground on his face and stepping on his previously
injured arm. Plea: None Entered. Finding: None Entered. Or Lti-k1746) 1.1

'
Specification 5: On 12 May 2003, did maltreatailliMMIIIIIIIIIIIIMPlasa
person subject to his orders, by twisting his previously injured arm, causing him to scream in pain.
Plea: None Entered. Finding: None Entered.

012140 2 0 0 4 0 0 8 6
DOD 13797
GCMO No 10, DA, Third U.S. Army, CFLCC, Camp Doha, Kuwait APO, AE 09304, dated 30
Sep 04 (continued)
Charge III. Article 107. Plea: None Entered. Finding: None Entered.
0/
12%.12)-CjW
Specification: On 16 May 2003, with intent to deceiv make to Special Agent
United States Army Criminal hive gation Division Comm d, an official statement on a DA
Form 2823 Sworn Statement, t it: that he did not see MS ick an EPW in the
groin, that he did not see SGT kick an EPW in the groin, that he did not
hold an EPW's ankles while female soldiers kicked the EPW, that he did not drag an EPW to the
searching area, that he did not throw EPWs to the ground, and that he did not kick, punch, or do
anything unnecessary to any of the EPWs, or see any of the other MPs do anything unnecessary to
the EPWs which was then known by the said SSG McKenzie to be so false. Plea: None Entered.
Finding: None Entered.

Charge W. Article 128. Plea: None Entered. Finding: None Entered.
Specification 1: On 12 May 2003, unlawfully drag
imil•011ai an Iraqi prisoner of war, across the ground by his armpits. Plea: None Entered.
Finding: None Entered.

(sAl-S,.G) 2(e
Specification 2: On 12 May 2003, aid and abet Master Ser eant and Sergeant
in unlawfully kickin an Iraqi
risoner of war, in the groin, face, abdomen, by holding eg and encouraging SGT
kick him. Plea: None Entered. Finding: None Entered. A) a) -17) (1/034

Specification 3: On 12 May 2003, unlawfully throw 11111¦=11111111MINW an (i,/
Iraqi prisoner of war, to the ground on his face, and stepped on his previously injured ann. Plea: '
None Entered. Finding: None Entered.

• • (6)(6/ - St; a )04:0‘
_
Specification 4: On 12 May 2003, unlawfully throwelosimmummusimase
laIIIIIIPRndanI4ran Iraqi prisoner of war, to the ground and strike him on the legs as he walked to the in-processing tent. Plea: None Entered. Finding: None Entered.
Specification 5: On 12 May 2003, unlawfully twist the previously injured arm oilliplill(4) -y)(510/
-,w
41111111111111.111111M011.11111causing him to scream in pain. Plea: None Entered. Finding:
None Entered.
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered.
Specification: On 16 May 2003, wrongfully endeavor to impeded an investigation by meeting with
SGT SPC 41110111111M, and others for the purpose of
deciding who would take responsibility for the actions of SSG McKenzie's unit and to misrepresent
what occurred on or near Camp Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
mo m SSG Scott McKenzie, and SP41111111.krould take responsibility for the actions of
SSG McKenzie's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered.
Finding: None Entered.

2
012141
Additional Charge II. Article 81. Plea: None Entered. Finding: None Entered.
Specification: On 16 May 2003, conspire with MSGuimaftsGTomNIIIIIIIIINspnd
SPC commit an offense under the Uniform Code of Military Justice, to wit:
Obstruction of Justice, by meeting to decide who would take responsibility for the actions of SSG
McKenzie's unit, and in order to effect the object of the conspiracy the said MS
SSG McKenzie, SGT11111111111111101,and SPeallipcided who would take responsibility
for the actions of SSG McKenzie's unit and to misrepresent what occurred on or near Camp Bucca,
Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered.
Finding: None Entered.

The accused having been arraigned, the proceedings were terminated on 7 January 2004. All
charges and specifications referred are withdrawn and dismissed with prejudice. All rights,
privileges and property of which the accused may have been deprived of by virtue of these
proceedings will be restored.

E.

BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:
(4)(6) -2;
(6i0k2
IDISTRIBUTION:
-SSG Scott A. McKenzie SGM, USA
1- Military Judge Chief Paralegal NCO
1- Defense Counsel
1 Cdr, 320th Military Police Bn

-
1- Cdr, 800th Military Police Bde 1- PSB, ATTN: Records Section 1- DFAS 10- Clerk of Court (iTALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837 1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249 1- Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 PageBoulevard, St. Louis, MO 63132-5200 1- FORSCOM, ATTN: FCJA-Mli, Fort McPherson, GA 30330-6000
3
012142
DEPARTMENT OF THE ARMY
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304 it, •
GENERAL COURT MARTIAL ORDER 30 September 2404 NUMBER •

(.01‘;(60/6S--
Staff Sergeant Scott A. McKenziellWat, US Army, HHG, 320th Military Police Battalion, Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces Land Component Command.
Charge I. Article 92. Plea: None Entered. Finding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Talil Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding: None Entered.
Charge II. Article 93. Plea: None Entered. Finding: None ntered. gX7 ion 1: On 12 May 2003, did maltreat a person subject to his orders, by throwing him to the ground striking him on e head an egsas he walked to the in-processing tent. Plea: None Entered. Finding: None Entered.
(6)6J -Y id7W S ecification 2: On 12 May 2003, did maltrea
a person subject to his orders, by dragging him by his armpits across the ground.
ea: None Entered. Finding: None Entered.
&(.2(051
_S ecification 3: On 12 May 2003, did aid and abet in the maltreatment ofillEMIIIFEW
a person subject to his orders, by holding his legs apart, and by encouraging other soldiers to kick him, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea: None Entered. Finding: None Entered.
(1, 7J ,)V Specification 4: On 12 May 2003, did maltrea a person subject to his orders, by throwing him to the ground on his face and stepping on his previously injured arm. Plea: None Entered. Finding: None Entered.

( ) jW7Xdv
Specification 5: On 12 May 2003, did maltreat
person subject to his orders, by twisting his previously injured arm, causing him to scream in pain.
Plea: None Entered. Finding: None Entered.

012143
2 0 0 4 0 0 8 6
DOD 13800
Charge III. Article 107. Plea: None Entered. Finding: None Entered.
Specification: On 16 May 2003, with the intent to deceive, make to Special Agent illiiiM (6/76)/
United States Army Criminal Investigation Division Command, an official statemen on a DA j,
Form 2823 Sworn Statement, to wit: that he did not see kick an EPW in the
groin, that he did not see SGT kick an EPW in the groin, that he did not )(P-(7)(--

hold an EPW's ankles while female soldiers kicked the EPW, that he did not drag an EPW to the searching area, that he did not throw EPWs to the ground, and that he did not kick, punch, or do anything unnecessary to any of the EPWs, or see any of the other MPs do anything unnecessary to the EPWs which was then known by the said SSG McKenzie to be so false. Plea: None Entered. Finding: None Entered.
Charge IV. Article 128. Plea: None Entered. Finding: None Entered.
(8)(0.41 Specification 1: On 12 May 2003, unlawfully dragq00/08111101Malagia, (6)(716XIraqi prisoner of war, across the ground by his armpits. Plea: None Entered. 41111111 Finding: None Entered.
Specification 2: On 12 May 2003, aid and abet Master Sergeant 111111111111111.11 in unlawfully kicking an Iraqi prisoner of war, in the groin, face, abdomen, by holdin s leg and encouraging SGT to kick him. Plea: None Entered. Finding: None Entered. ate­
0 q 5-Cs (6i) q;e°/
Specification 3: On 12 May 2003, unlawfully throwiii.M.110111111.111111.111.Gn
Iraqi prisoner of war, to the ground on his face, and stepped on his previously injured arm. Plea:
None Entered. Finding: None Entered.

.0)
Specification 4: On 12 May 2003, unlawfully Villillan411111111111pan Iraqi prisoner of war, to the ground and strike him on the legs as he walked to the in-processing tent. Plea: None Entered. Finding: None Entered.
Specification 5: On 12 May 2003, unlawfully twist the previously injured arm of0111111.1(6 causing him to scream in pain. Plea: None Entered. Finding: (b(-YYYNone Entered.
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered.
Specification: 'On 16 May 2003, wrongfully endeavor to impeded an investigation by meeting with MSGONIIIMP SGT SPC and others for the purpose of 19) deciding who would take responsibility for the actions of SSG McKenzie's unit and to misrepresent wha occurred on or near Camp Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
SG Scott McKenzie, and SPCanivould take responsibility for the actions of SSG McKenzie's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered. Finding: None Entered.
2
012144
DOD 13801
Additional Charge H. Article 81. Plea: None Entered. Finding: None Entered.

()Ce)"5--".
c --
(b,(7)(5
Specification: On 16 May 2003, conspire with MSG sifpapall.....an SPC toimpsmo commit an offense under the Uniform Code of Military Justice, to wit: Obstruction of Justice, by meeting to decide who would take responsibility for the actions of SS McKenzie's unit, and in order to effect the object of the conspiracy the said MS111111111.111b SSG McKenzie, SGT and SPC decided who would take responsibility for the actions of SSG Mc enzie's unit and to misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding: None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All charges and specifications referred are withdrawn and dismissed with prejudice. All rights, privileges and property of which the accused may have been deprived of by virtue of these proceedings will be restored.
BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:

(4g/
DISTRIBUTION: (-6)(7,)2_ 1 -SSG Scott A. McKenzie SGM, USA 1-Military Judge Chief Paralegal NCO
1- Defense Counsel 1- Cdr, 320th Military Police Bn 1- Cdr, 800th Military Police Bde 1- PSB, ATTN: Records Section 1- DFAS 10- Clerk of Court -(MLS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837 1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 462491 Commander, United States Army Reserve Personnel Center, ATTN: DARP -PRD-MP, 9700 Page
-
Boulevard, St. Louis, MO 63132-5200 1- FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000
3
012145
DEPARTMENT OF THE ARMY
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AB 09304

GENERAL COURT MARTIAL ORDER 30 Septaaber 2004
NUMBER
10. (61) PO)
Staff Sergeant Scott A. McKenzie, US Army, HHG, 320th Military Police Battalion,
Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following

offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces
Land Component Command.

Charge I. Article 92. Plea: None Entered. Finding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully
failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from
Tall Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding:
None Entered.

Charge II. Article 93. Plea: None Entered. Finding: None Entered. (6,6):_i„(6)00
Specification 1: On 12 May 2003, did maltreat 4111101111.111111111111111111111111111.
411111/110ndiallia person subject to his orders, by throwing him to the ground striking him on
the head and legs as he walked to the in-processing tent. Plea: None Entered. Finding: None
Entered.

y-1/ 10,0y
Specification 2: On 12 May 2003, did maltreat
Amilimip a person subject to his orders, by dragging him by his armpits across the ground.
Plea: None Entered. Finding: None Entered.

Specification 3: On 12 May 2003, did aid and abet in the maltreatment oall1111111111111111111116,
amilialitilea person subject to his orders, by holding his legs apart, and by encouraging other soldiers to kick him, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea: None Entered. Finding: None Entered.
64) v -6) die
Specification 4: On 12 May 2003, did maltreat person
subject to his orders, by throwing him to the ground on his face and stepping on his previously
injured arm. Plea: None Entered. Finding: None Entered.

() Si () CY
Specification 5: On 12 May 2003, did maltreat a
person subject to his orders, by twisting his previously injured arm, causing lum to scream in pain.
Plea: None Entered. Finding: None Entered.

r 1 2 1 4 6
2 0 0 4 0 0 8 6
DOD 13803
Charge III. Article 107. Plea: None Entered. Finding: None Entered. (Z)6)
(-ONO/
Specification: On 16 May 2003, with the intent to deceive, make to Special Agent United States Army Criminal Investigation Division Command an official statement on Form 2823 Sworn Statement, to wit: that he did not see MSG an EPW in the ,• groin, that he did not see SGT an EPW in the groin, that he did not *hi VE-_,5-
hold an EPW's ankles while female soldiers kicked the EPW, that he did not drag an EPW to the searching area, that he did not throw EPWs to the ground, and that he did not kick, punch, or do anything unnecessary to any of the EPWs, or see any of the other MPs do anything unnecessary to the EPWs which was then known by the said SSG McKenzie to be so false. Plea: None Entered. Finding: None Entered.
Charge IV. Article 128. Plea: None Entered. Finding: None Entered.

(-4V-Vi(btk#
S ecification 1: On 12 May 2003, unlawfully drag 01110.11111111111.1111111.111.111111an Iraqi prisoner of war, across the ground by his armpits. Plea: None Entered. Finding: None Entered.
/ Specification 2: On 12 May 2003, aid and abet8Maitiligi="-) _o
eis74 Sergeant ......(64
(0)/ Si AllallIMMIIIIIMIlin unlawfully kicicin , an Iraqi

(b)
)-5 prisoner of war, in the groin, face, abdomen, by holding leg and encouraging SGT (61)(41Lb '% (4)4,0e/, to kick him. Plea: None Entered. Finding: None Entered.
Specification 3: On 12 May 2003, unlawfully throw an Iraqi prisoner of war, to the ground on his face, and stepped on his previously injured arm. Plea: None Enterd:-finding: None Entered.
Specification 4: On 12 May 2003, unlawfully throw1111111.11111111.111111111111111111111. 111110EANIIIIIan Iraqi prisoner of war, to the ground and strike him on the legs as he walked to the in-processing tent. Plea: None Entered. Finding: None Entered.
• • (-,6)-61,7d, Specification 5: On 12 May 2003, unlawfully twist the previously injured arm ofaillinp causing him to scream in pain. Plea: None Entered. Finding:
None Entered.
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered.
pecification: -On 16 May 2003, wrongfull endeavor to impeded investigation by meeting with
(MSGIIIIIIIIIIMp SG SP and others for the purpose of
deciding who would take responsibility for the actions of SSG McKenzie's unit and to misrepresent
what occurred on or near Camp Bucca, Iraq on or about 12 May 2003 and by deciding that MSG

litr
SSG Scott McKenzie, andalgalphyould take responsibility for the actions of
enzie's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered.
Finding: None Entered.

2
012147
DOD 13804
Additional Charge II. Article 81. Plea: None Entered. Finding: None Entered.
Specification: On 16 May 2003, conspire with MS(j SGT 0.11111111111111111/11band SPC lumplunito commit an offense under the Uniform Code of Military Justice, la wit: Obstruction of justice, by meeting to decide who would take responsibility for the actions of SSG McKenzie's unit, and in order to effect the object of the conspiracy the said.MSGERININO SSG McKenzie, SGT and SPCilalabdecided who would take responsibility for the actions of SSG McKenzie's unit and to misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding: None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All charges and specifications referred are withdrawn and dismissed with prejudice. All rights, privileges and property of which the accused may have been deprived of by virtue of these proceedings will be restored.
t
BY COMMAND OF LIEUTENANT GENERAL MCICIERNAN:
DISTRIBUTION: 1- SSG Scott A. McKenzie SGM, USA (""21.
1- Military Judge 1- Defense Counsel Chief Paralegal NCO
1- Cdr, 320th Military Police Bn
1- Cdr, 800th Military Police Bde 1- PSB, ATTN: Records Section • 7
1- DFAS •

10- Clerk of Court (JALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837 1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249 1- Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 Page Boulevard, St. Louis, MO 63132-5200 1- FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000
• .4
3 C12148
DOD 13805