Court-Martial Record: Staff Sergeant Ivan L. Frederick, II (Volume 1 of 8)

COURT-MARTIAL RECORD

NAME 'Re.DgRzcK LA/AA) L. irSSSG
SSN ( b,16,131 7(c)
-
-
ACTIONS CODED: ASSIGNED. I
TO: INITIAL SSEP 2 1 2005 PANEL Limme ACCA
EXAM. DIV. FINAL COMPANION(S): SEE

EvEksE SzZE.
. RETURN.THISTILE TO:

OFFICE•OF THE CLERK 0-F COURT . US- ARMY . JUD MARY 90-1 NORTH • STUART STREET" SUITe-t200
• . ARLINGTON" VA. 22203-.1837
VOLLOF= VOL(S) VoLurnelmT. iSL.2ooili 937
20041129
ARMY
JALS7 CC FORIVI 24, tOCTOBER2000:
08•114446,

SEP 2 I 2005
018014
VOL I of viz ORIGINAL COPY
VEREATINf

RECORD OF TRIA.L2
(and accompanying papers)

OF
FREDERICK, Ivan L., II
Staff Sergeant
?IlliMININO--7e) (g )
(NAME: Last, First Middle Initial)
Social Security Number)
(Rank)
HHC, 16th MP Bde (ABN)

.
III Corps US Army
Victory Base, Iraq

(unit/Command Name)
(Branch of Service)
(Station or Ship)
BY GENERALCOURT—MARTIAL
CONVENED BY COMMANDING GENERAL (Title of Convening Authority)

Headquarters, III Corps
(Unit/Command of Convening Authority)
TRIED AT
Baghdad and Victory Base, Iraq
ON 19 May, 21-22 Jun; 24 Aug; 20-21 Oct 04

(Place or Places of Trial) (Date or Dates of Trial)
COMPANION CASES: SPC Megan M. Ambuhl — ARMY 20041130 — referred Clerk of Court 01-13-05 SPC Jeremy C. Sivits — ARMY 20040551 — P.4 SGT Javal S. Davis — ARMY 20050180 - CMCR SPC Charles A. Graner — ARMY 20050054 - CMCR SPC Sabrina D. Harman — ARMY 20050597 - CMCR
C,J
SPC Armin J. Cruz — ARMY 20040973 — P.4 PFC Lynndie R. England — No Case Record
C .7)
-
' -C SPC Roman Krol — ARMY 20050179 — P.4
4:5

ONJ Allied documents
C-7)
018015
Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) 2 See inside back cover for instructions as to preparation and arrangement. DD FORM 490, OCT 84
Previous editions are obsolete..
FRONT COVER
20041129
„ •••
CHRONOLOGY SHEETi In the case ofLU.S. v. Staff Sergeant Ivan L. Frederick II
(Rank and Name of Accused)
Date of alleged commission of earliest offense tried: 20 October 2003
(Enter Date)
Date record forwarded to The Judge Advocate General:
2
0(Enter Date)
EbV -2 (A)Mic )'-2-0 .(h/C7)
a
1111111111. LTC, JA, Chief, Criminal Law Division
(Signature and Rank of StaSuSor ega cer
1 In a case forwarded to the Judge Advocate
Action Date Cumulative
General, the staff judge advocate or legal officer is responsible for completion of the 2004-2005 Elapsed Chronology Sheet. Trial counsel should Days reportSanySauthorizedSdeductionsSand
1. Accused placed under restraint by military
reasons for any unusual delays of the case.
authority 4
2SOr officer conducting review under Article
2. Charges preferred (date of affidavit) 20 Mar 04
64(a) (MCM, 1984, RCM 1112)
3. Article 32 investigation (date of report) 5 18 Apr 04 293SIn computing days between two dates, disregard first day and count last day. The 4. Charges received by convening authority 5 May 04 46 actual number of days in each month will be
5. Charges referred for trial
counted. 5 May 04 46
6. Sentence or acquittal 21 Oct 04 215
4SItem 1 is not applicable when accused is not restrained, (See MVM, 1984, RCM 304) Less days: or when he/she is in confinement under a sentence or court-martial at time charges are Accused sick, in hospital or AWOL preferred. Item 2 will be the zero date if item
Delay at request of defense
1 is not applicable. Total authorized deduction 6
5 May not be applicable to trial by special
•
court-martial 7. Net elapsed days to sentence or acquittal
6 Only this item may be deducted 8. Record received by convening authority 1 May 05 407
7 If no further action is required, items 1 Action 7 7 Sep 05 482 (-54) through 8 will be completed and chronology
9. Record received by officer conducting review
signed by such convening authority or his/her
under Article 64(a)
representative. Action e
8 When further action is required under
Article 64 or service directives.
REMARKS
•
Post trial defense delay from 30 June 2005 to 23 August 2005. Total of 54 days.

•
Investigation of the most serious charge was initiated on 13 January 2004. The accused was arraigned

on
19 May 2004. Total of 127 days.

01801C
20041129

-

-

SEP142Un WED 02:11 PM USW DIA FAX NO. 1 9..1,3 758 3647 P. 02

DEPARTMENT OF THE ARMY

U.S. ARMY HUMAN RESOURCES COMMAND

200 STOVALL STREET
ALEXANDRIA, VA 22332-0470

19 NOV 2004

AHRO-PDZ-RC
ORDERS A-11-411895

(66P.7e) -2
-
PV1

FREDEIIIICR IVAN LOWELL

ARMY NATIONAL GUAR°

Re 2:gpx 220 zocxradmAm VA 23921
YOU ARE ORDERED TO AcTivg DUTY IN THN GRADE OP ROR SHOWN ABOVE FOR THE PERIOD

SHOWN IN ACTIVE DUTY COMMITMENT pgLow. you wi4b,FRoogno FRom YOUR CURRENT
LOCATION IN TIME TO REPORT ON THE DATE SHOWN BELOW.

RPT TO: CORRECTIONAL HOLD DE W21B1A FT LEAVENWORTH RS 6602?
BETWEEN 0800 AND 1700 HRS.

REPORT DATE/TIME: 29 NOV 2004

ASG TO: CORRECTIONAL HOLD DE W21B1A FT LEAVENWORTH ES 66027

END DATE: 28 NOV 2006

ACTIVE DUTY COMMITMENT: 2 YEARS
PURPOSE: UCMJ PROCESSING.

ADDITIONAL INSTRUCTIONS: RELIEVED FROM RESERVE COMPONENT ASSIGNMENT ON TRE DAY
PRECEEDING EFFECTIVE DATE OF ORDER. /NDIVIDUAL WILL BE RETAINED ON ACTIVE
IN THE ACTIVE ARMY ENP

DUTY IN H/S OR HER CURRENT GRADE AND IS INCLUDED

AC WILL REFLECT A SVC COMP OF "R". SHIPMENT OF

STRENGTH. ACCESSION INTO DJMS­
HMG AND TRAVEL OF DEP NOT APPLICABLE. SPECIAL EXCEPTION NOT TO ISSUE A DD
FORM 214 TO SOLDIERS THAT ARE IN 12201, 12202 OR 12304 STATUS THAT REVERT TO
R.C.M, 202 STATUS. A 11D 214 WILL BE ISSUED UPON COMPLETION OP R.C.M. SERVICE.
ALL PREVIOUS ACTIVE DUTY SERVICE PRIOR TO R.C.M. STATUS WILL BE ACCOUNTED

PV1 DATE OF RANK

FOR IN BLOM( 18 OF THE DD 214. EARLY RELEASE jkovmoRzzEn.
20041021

AUTHORITY: R.C.M. 202(C), AR 27-10 CH 21, AR 135-200 (7-41)

FOR ARMY USE:

ACCT CLAS: NONE

PMOS/SSI: 31B

NOR: SAME AS SNL

MDC: 1AE5

RES OR: PV1

COMP: ARNO
SCTY CL: NONE

PP$: N/A

SEX: M

PEBD: 17 FES 1984

DURRES: 16 NOV 1998

FORMAT: 460

BY ORDER OF THE SECRETARY Or THE ARMY: ) 12,0c-z
• AHRC

CHIEF, RC SPT SVC DIV

* OFFICIAL ,

•...... ******4 A) 6
DISTRIBUTION: 1 SOLDIER
1 CORRECTIONAL HOLD DE Fq, LEAvsNwoRTH KS 66027
1 372 MP CO COMBAT SUP 14418 MCMULLEN HWY SW CUMBERLAND MD 21502 5605
1 MDARNO ELEMENT, JP H MILPO 5TH REG ARMORY BALTIMORE MD 21201

018017
(

20041129

HUU-n-AJO MUM 12:44 PM USD8 DIA

FAX NO. 1 P113 758 3647 P. 04

DEPARTMENT OF THE ARMY

U.S. ARMY HUMAN RESOURCES COMMAND

200 STOVALL STREET
ALEXANDRIA, VA 22337-0470

19 NOV 2004
AHRC-PD4-RC
ORDERS A10-41034OR

(60-z;
SSG •

FREDERICK IVAN LOWELL II

WTEZAA

HC 2 BOX 235 (bpic)-2 HUCKINQHAM VA 73921
THE FOLLOWING ORDER IS REVOXED OR RESCINDED AS SHOWN.

ACTION: RESCIND UNEXECOTED PORTION OP ACTIVE DUTY ORDER EFFECTIVE 28 NOV 2004

DATED 13 OCT 2004

AHRC

SO MUCH OF: FORMAT 460 A-10-410340

PERTAINING TO: EXTENDED ACTIVE DUTY ORDER OF
FREDERICK IVAN LOWELL

3183

8SG.

(4)-2)(b)(7)(0-a
AR 135 -200 (7-4)

AUTHORITY: R.C.M. 202(C), AR 27-10 CH 21,

FOR ARMY USE:

FORMAT: 705
BY ORDER OF THE SECRETARY OF THE. ARMY:

0-(4)-2-; (boo)
.* le •
• * AHRC OFFICIAL cHIEF, RC SET SVC DIV
** W. A ..*M W *

DISTRIBUTION: 1 SOLDIER
1 16 MP BDE FWD FT BRAGG NC 24310

3%2 MP CO COMBAT SUP 14415 MCMULLEN HWY SW CUMBERLAND' MD 21502 5605

1

018018

20041 129

HUU-n-nn MUN 1.2:44 FM USQB DIA FAX NO. 1 P13 758 3647 P. 03

DEPARTMENT OF TME ARMY

U.S. ARMY HUMAN RESOURCES COMMAND

200 STOVALL STREET
ALEXANDRIA, VA 22332-0470

13 OCT 2004

AHRC-PDZ-RO
ORDERS A-10-410340

40.2-(6)(7)t) z
SSG

FREDERICK IVAN LOWELL II

WTEZAA

HC 2 BOX 235
BUCKINGHAM VA 23921

YOU ARE ORDERED TO ACTIVE DUTY IN THE GRADE OF RANK SHOWN ABOVE FOR THE PERIOD

SHOWN IN ACTIVE DUTY COMMITMENT BELOW. YOU WILL' PROCEED FROM YOUR CURRENT
LOCATION IN TIME TO REPORT ON TME DATE SHoWN BELOW.

RPT TO: 16 MP BIDE FWD WFP6A1 FT BRAGG NC 28310
REPORT DATE/TIME: 12 SEP 2004 BETWEEN 0800 AND 1700 HRS.
ASG TO: 16 MP BDM FWD WFP6A1 FT BRAGG NC 28310
DUTY AT: VICTORY BASE IRAQ APO AZ 09342

END DATE; 09 MAR 2005

ACTIvE DUTY COMMITMENT: 6 MONTHS
PURPOSE: UCMJ PROCESSING_

ADDITIONAL INSTRUCTIONSL; RELIEVED FROM RESERVE COMPONENT ASSIGNMENT ON THE DAY

PRECEEDING EFFECTIVEtIATE OF ORDER. INDIVIDUAL WILL BE RETAINED ON ACTIVE
DUTY IN HIS OR HER CURRENT GRADE AND IS INCLUDED IN THE ACTIVE ARMY END
STRENGTH. ACCESSION INTO DJMS-AC WILL REFLECT A SVC COMP OF "R". SHIPMENT OF
HHG AND TRAVEL OF DEP NOT APPLICABLE. SPECIAL EXCEPTION NOT TO ISSUE A DD
FORM 214 TO SOLDIERS THAT ARE IN 12301, 12302 OR 12304 STATUS THAT REVERT TO

R.C.M. 202 STATUS. A DD 214 WILL BE ISSUED UPON COMPLETION or a.c.m. SERVICE.
ALL PREVIOUS ACTIVE DUTY SERVICE PRIOR TO R.C.M. STATUS WILL 13e ACCOUNTED
FOR IN BLOCK 18 OF THE DD 214. EARLY RELZASE AUTHORIZED.

FOR ARMY USE: AUTHORITY: R.C.M. 202(C), AR 27-10 CH 21, AR 135-200 (7-4)

ACCT CLAS: NONE
MDC: 1AE4 HOR: SAME AS SNL pmoS/SSI: 3153
SEX: M PPN: N/A DORRES: 16 NOv 1998 COMP: PEED: OSAR 17 FEB 1984 RES GP.: SSG SCTY CL: NONE
FORMAT: 460 5Y ORDER OF THE SECRET ARY OF T HE ARMY: 4 NW -2)4(750 -2_

*,cle*A*********
AHRC OW5, AG

* OFFICIAL * CHIEF, RC SPT SVC DIV
*******4.1,***v*

DISTRIBUTION; 1 SOLDIER

1 16 MP BDE FWD FT BRAGG NC 28310

1 372 MP CO COMBAT SUP 14418 MCMULLEN HWY SW CUM5ERLAND MD 21502 5605

018019

20041129
DEPARTMENT OF THE ARMY

U.S. ARMY HUMAN RESOURCES COMMAND

200 STOVALL STREET
ALEXANDRIA, VA 22332-0470

AHRC-PDZ-RC 13 OCT 2004
ORDERS A-10-410340

FREDERICK IVAN LOWELL II

(4)-2-ANAVe2-

41111111111111

HC 2 BOX 235 SSG

WTEZAA

BUCKINGHAM VA 23921

YOU ARE ORDERED TO ACTIVE DUTY IN THE GRADE OF RANK SHOWN ABOVE FOR THE PERIOD
SHOWN IN ACTIVE DUTY COMMITMENT BELOW. YOU WILL PROCEED FROM YOUR CURRENT
LOCATION IN TIME TO REPORT ON THE DATE SHOWN BELOW.

RPT TO: 16 MP BDE END WFP6A1 FT BRAGG NC 28310
REPORT DATE/TIME: 12 SEP 2004 BETWEEN 0600 AND 1700 HRS.
ASG TO: 16 MP BDE FWD WFP6A1 FT BRAGG NC 28310
DUTY AT: VICTORY BASE IRAQ APO AE 09342
ACTIVE DUTY COMMITMENT: 6 MONTHS END DATE: 09 MAR 2005
PURPOSE: UCMJ PROCESSING.

ADDITIONAL INSTRUCTIONS: RELIEVED FROM RESERVE COMPONENT ASSIGNMENT ON THE DAY
PRECEEDING EFFECTIVE DATE OF ORDER. INDIVIDUAL WILL BE RETAINED ON ACTIVE
DUTY IN HIS OR HER CURRENT GRADE AND IS INCLUDED IN THE ACTIVE ARMY END
STRENGTH. ACCESSION INTO DJMS-AC WILL REFLECT A SVC COMP OF "R". SHIPMENT OF
HHG AND TRAVEL OF DEP NOT APPLICABLE. SPECIAL EXCEPTION NOT TO ISSUE A DD
FORM 214 TO SOLDIERS THAT ARE IN 12301, 12302 OR 12304 STATUS THAT REVERT TO

R.C.M. 202 STATUS. A DD 214 WILL BE ISSUED UPON COMPLETION OF R.C.M. SERVICE.
ALL PREVIOUS ACTIVE DUTY SERVICE PRIOR TO R.C.M. STATUS WILL BE ACCOUNTED
FOR IN BLOCK 18 OF THE DD 214. EARLY RELEASE AUTHORIZED.

FOR ARMY USE: AUTHORITY: R.C.M. 202(C), AR 27-10 CH 21, AR 135-200 (7-4)

ACCT CLAS: NONE
MDC: 1AE4 HOR: SAME AS SNL SEX: M PPN: N/A COMP: USAR DORRES: 16 NOV 1998 PEBD: 17 FEB 198 4 RES GR: SSG SCTY CL: NONE PMOS/SSI: 31B3
FORMAT: 460 BY ORDER OF THE SECRET ARY OF THE ARMY: (6) OC) - 2-

. .** ** *** ** ***
111111111111111

AHRC CW5, AG

* OFFICIAL * CHIEF, RC SPT SVC DIV

**********.****

DISTRIBUTION: 1 SOLDIER

1 16 MP BDE FWD FT BRAGG NC 28310

1 372 MP CO COMBAT SUP 14418 MCMULLEN HWY SW CUMBERLAND MD 21502 5605

018020
20041129
UNITED STATES
v. ) POST TRIAL AND APPELLATE) RIGHTS
FREDERICK, Ivan L. II
SSG, U.S. Army,111.11111111 (I* -2:/ (bkr*
HHC,

) 17 OCT 2004
16th MP BDE, III Corps
Victory Base, Iraq APO AE 09342

************************************************************************
I, SSG Frederick, the accused in the above case, certify that my trial defense counsel has
advised me of the following post-trial and appellate rights in the event that I am convicted
of a violation of the Uniform Code of Military Justice:

1.
In exercising my post-trial rights, or in making any decision to waive them, I am
entitled to the advice and assistance of military counsel provided free of charge or civilian
counsel provided by me at no expense to the Government

2.
After the record of trial is prepared, the convening authority will act on my case. The
convening authority can approve the sentence adjudged (as limited by a pretrial
agreement), or he can approve a lesser sentence, or disapprove the sentence entirely. The
convening authority cannot increase the sentence. He can also disapprove some or all of
the findings of guilty. The convening authority is not required to review the case for legal
errors, but may take action to correct legal errors.

3.
I have the right to submit any matters I wish the convening authority to consider in deciding what action to take in my case. Before the convening authority takes action, the staff judge advocate will submita recommendation to him This recommendation will be sent to me and/or my defense counsel. At that point, I will submit any matters I wish the convening authority to consider, or matters in response to the Staff Judge Advocate's recommendation, and such matters must be submitted within 10 days after I or my counsel receive the recommendation of the staff judge advocate, whichever occurs later. Upon my request, the convening authority may extend this period, for good cause, for not

more than an additional 20 days.
4.
If a punitive discharge or confinement for a year or more are adjudged and the convening authority approves the punitive discharge or confinement for a year or more, my case will be reviewed by the Army Court of Criminal Appeals (USACCA). I am entitled to be represented by counsel before such court. If I so request, military counsel will be appointed to represent me at no cost to. me. If I so choose, Omay also be represented by civilian counsel at no expense to the United States.

5.
After the Court of Criminal Appeals completes its review, I may request that my case be reviewed by the Court of Appeals for the Armed Forces. If my case is reviewed by

018021
APPELLATE EXHIBIT XXql
Recognized R. (oiggi2004 9 n
that Court, I may request review by the Supreme Court of the United States. I would have
the same rights to counsel before those courts as I have before the USACCA.

6. If neither a punitive discharge nor confinement for a year or more are adjudged or
approved, my caw will be exernined by the Office of the Judge Advocate General for any
legal errors and to determine if the sentence is appropriate. The Judge Advocate General
(TJAG) may take corrective action as appropriate. This mandatory review under Article
69(a), UCMJ, will constitute the final review of my case unless TJAG directs review by

the Army Court of Criminal Appeals.
7. I may waive or withdraw review by the appellate courts (subparagraph 4-5, above) or
the Office of The Judge Advocate General (subparagraph 6, above) at any time before
such review is completed. I understand that if I waive or withdraw review:

a. My decision is final and I carmot change my mind.
b.
My case will then be reviewed by a military lawyer for legal error. It will also
be sent to the general court-martial convening authority for final action.

c.
Within 2 years after the sentence is approved, I may request the Judge. Advocate General to take corrective action on the basis of newly discovered evidence, fraud on the court-martial, lack of jurisdiction over me or the offense, error prejudicial to my substantial rights, or the appropriateness of the sentence.

8. I have read and had my post-trial rights explained to me by counsel, and I
acknowledge these rights and make the elections set forth below. (Please initial whereappropriate).
a. I understand my post-trial and appellate review rights. (6ki
kt_i=
b. I Would like a copy of the record of trial served on: my Defense Counsel, ow (6)(7)(zei111111111111and myself.
(OW "3 )09f Ca) -3
kk__F c. Ivry defense counse1,11111111111-s, will submit R.C.M. 1105 matters in my case.

LLF d. I want to be represented before the Army Court of Criminal Appeals by Appellate Defense Counsel appointed by the Judge Advocate General of the Army. I understand that I may contact my Appellate Defense Counsel by writing to Defense Appellate Division, U.S. Army Legal Services Agency (JALS-DA), 901 North Stuart
Street, Arlington, Virginia 22203.
018022

20041129

e. I have been informed that I have the right to retain civilian counsel at my
S
expense. My civilian counsel's name, address, and telephone are as follows:
ration to:
Should I later retain different civilian counsel, I will furnish the above inforr
Clerk of Court, U.S. Arnay Judiciary (JALS-CC), 901 North Stuart Street, Suite 1200,
Arlington, Virginia 22203-1837.

9. Pending appellate action on my case, I can be contacted, or a message may be left for me, at the following address:
VoY3 (b)(7)(C
Name:
Street:
City, State, Zi1111111111111111111111111111111
Area Code & Telephone:

A\i'‘em 4-4.m-,0\_Uatt)a_ IVAN L. FREDERICK II
(C:.-tDcr_YA
SSG, USA
(Date) Accused
I certify that I have advised SSG Ivan Frederick regarding the post-trial and appellate
rights as set forth above, that he has received a copy of this document, and that he made
elections concerning appellate counsel.

(bil0)(C)-z
/ aCOL(SIMF° 102 ,
CPT, JA
(Date)
Defense Counsel
018023
3
20041129
1. OJAG NUMBER

COURT-MARTIAL DATA SHEET

2. NAME (Last, First, Middle Initial) 3. SOCIAL SECURITY 4. RANK 5. UNIT/COMMAND NAME
SSG HHC,.(Abn),.

16th MP Bde.Fort Bragg,

Ivan L . ,.
North Carolina.

, FREDERICK, II
28307

4)-2 1 (6) NiINSTRUCTIONS
When an item is not applicable to the record of trial being reviewed, mark the proper block with a
diagonal line similar to the ones which appear in the SPCMCA blocks for items 6a and b.

KEY TO USE
TC -Trial Counsel. This column will be GCM_ or JA - General Court-Martial OJAG - Appropriate appellate agency in the Office
completed in all cases in which a finding Convening Authority or Judge of The Judge Advocate General of the branch of
of guilty is returned. Advocate. This column will be service concerned. This column will be disregarded

completed in any case in which the if a record of trial was reviewed under Article 64,
SPCMCA -Special Court-Martial record is forwarded by the commander UCMJ, and in cases where there are no approved
Convening Authority who is not exercising general court-martial findings of guilty.
empowered to convene a general court-jurisdiction to The Judge Advocate

martial. This column will be completed General of the branch of service References -All references are to the Uniform Code in each special court-martial case by the concerned. If the record is reviewed of Military Justice (UCMJ) and the Manual for Courts-p SPCMCA or his/her designated under Article 64(a), UCMJ, this United States (MCM), 1984. representative. column will be completed by the judge
advocate accomplishing the review TC SPCMCA GCM or OJAG JA
SECTION A - PRETRIAL AND TRIAL PROCEDURE
YES NO . YES NO YES NO YES NO
6. a. If a general court-martAl: Was the accused repregented in the Article 32 X X
investigation by civilian or military counsel of his/her own selection or by
counsel qualified within the meaning of Article 27(b), UCMJ?

b. If not: Did the accused waive his/her right to such representation? / / / /
7.
Does the record show place, date, and hour of each Article 39(a) session, X X
the assembly and each opening and closing thereafter?

8.
a. Are all convening and amending orders of courts to which charges were referred entered in the record? a

^

^^

X

b. Are court members named in the convening orders, detailed military X X
judge (if any), counsel and the accused accounted for as present or absent?
c. Was less than a quorum present at any meeting requiring the presence X X
of court members (RCM 805))?
d. Does the record show that after each session, adjournment, recess, or X X
closing during the trial, the parties to the trial were accounted for when the
court reopened (A13-5)?
e. If the military judge or any member present at assembly was thereafter X X
absent, was such absence the result of challenge, physical disability or based
on good cause as shown in the record of trial (RCM 505(c)(2)(A))?
9. Were the reporter and interpreter, if any, sworn or previously sworn? X X
10. a. Was the military judge properly certified (RCM 502(c))? X X
b. Was the military judge properly detailed (RCM 503(b))? X X
c. Was the military judge present during all open sessions of the court? X
11. a. Was the accused advised that:
(1) He/she had the right to be represented free of charge by a military lawyer of his/her own selection, if reasonably available, in which case detailed X ir
counsel might be excused (RCM 506(a))?

DD FORM 494, OCT 84, Page 1 . Previous editions are obsolete.. 018024
2 0 0 4 1 1 2 9
DOD-041203

COURT—MARTIAL DATA SHEET

-
SECTION A PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)
(2)
He/she had the right to be represented at the trial by a civilian lawyer provided at no expense to the govemment, in which case detailed counsel would serve as associate counsel or be excused with the accused's consent?

(3)
If he/she did not exercise any of the rights listed above, he/she would be defended by detailed counsel certified under Article 27(b), UCMJ (RCM 502(d)(1))?

b.
(1) Was the accused represented by a civilian lawyer?

(2)
Did the accused request a specific military counsel?

(3)
(a) If so, was such request complied with?

(b)
If not, were reasons given why requested counsel was not reasonably available?

12. a. Was the detailed defense cotmsel properly certified (RCM 502(d))?
b. Was at least one qualified counsel for each party present during all open sessions of the court (RCM 502(d) and RCM 805(c))?
13. a. If the special court-martial adjudged a BCD:
(1)Was a military judge detailed to the court (RCM 503(b))?
(2)
If not, did the convening authority submit a statement indicating why a military judge could not be detailed and why trial had to be held at that time and place (Article 19, UCMJ)?

(3)
Was a verbatim transcript made (Article 19, UCMJ)?

14.
Did any person who acted as the accuser, investigating officer, military judge, court member, or a member of the defense in the same case, or as counsel for the accused at a pretrial investigation or other proceedings involving the same general matter, subsequently act as a member of the prosecution (RCM 502(d)(4))?

15.
If any member of the defense had acted as a member of the prosecution in the same case, was he/she excused (RCM 502(d)(4))?

16.
a. If any member of the defense had acted as the accuser, investigating officer, military judge, or member of the court, were his/her services expressly requested by the accused (RCM 502(d)(4))?

b. If not, was he/she excused?
17. a. If accused was an enlisted person, did he/she make a request that enlisted persons be included in membership of the court?
b.
If so, were at least one-third of the members who tried the case enlisted persons, or did the convening authority direct the trial without enlisted persons and provide a detailed written explanation which is appended to the record (RCM 503(a)(2))?

c.
Did any enlisted member of the court belong to the same unit as the accused?

18.
If a military judge was detailed to the court, was the accused informed of his/her right to request trial by military judge alone?

19.
Were the members of the court, military judge (if any) and the personnel of the prosecution and defense sworn or previously sworn?

20.
a. Was any person sitting as a member of the court, or military judge (if any), the accuser, a witness for the prosecution, the investigating officer, staff judge advocate, counsel, or convening authority, or upon rehearing or new trial was he/she a member of the former trial (RCM 902(b) and RCM 912(f))?

b. If so, did the accused waive such disqualification (RCM 912(0(4) and RCM 902(e))?
TC SPCMCA GCM or
JA
YES NO YES NO YES NO
X X
X X
X X
X X
/ / / /
/ / / /
X X
X X
/ / / /
/ / / /
/ / / /
X X
/ / / /
/ / / /
'
/ / / /
/ / / /
/ / / /
/ / /
X X
X X
X X
/ / / /

OJAG
YES NO

DD FORM 494, OCT 84, Page 2 018025
') L-4 1 1 2 9
COURT-MARTIAL DATA SHEET

-

SECTION A PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)
21. a. Was each accused extended the right to challenge military judge (if any), and any member of the court for cause and to exercise one peremptory challenge?
b.
Was action by court_ upon challenges proper (RCM 902 and RCM 912)?

c.
Does the record show that a member excused as a result of a challenge withdrew from the court?

22. a. Was the accused properly arraigned (RCM 904)?
b.
Do the following appear in the record: The charges and specifications, the name, rank and unit/command name of the person signing the charges, the affidavit, and the order of reference for the trial?

c.
Except in time of war, was the accused brought to trial (which includes an Article 39(a), UCMJ session) by general court-martial within five days (by special court-martial within three days) subsequent to service of charges upon him/her (RCM 602)?

d.
If so, did the accused object to trial?

23. a. Were any charges or specifications affected by the statute of limitations (RCM 907(b))?
b. If so, was accused advised of his/her right to assert the statute and was his/her response recorded (RCM 907(b))?
24.
Did the court take proper action with respect to motions raising defenses and objections (RCM 905-907)?

25.
a. Were pleas of accused regularly entered (RCM 910(a))?

b. Were pleas of guilty properly explained, and accused's responses recorded (RCM 910(c))?
26.
Does the record show that all witnesses were sworn?

27.
Did the military judge or president advise the court concerning the elements of each offense, each lesser included offense reasonably raised by the evidence, and the presumption of innocence, reasonable doubt, and burden of proof, pursuant to Article 51(c), UCMJ (RCM 920(e))?

28.
a. If trial was by military judge alone, did the military judge announce the fmdings (RCM 922)?

b.
If the trial was with members, did the president announce the fmdings (RCM 922)?

c.
If special fmdings were requested, were they made a part of the record?

29.
Were the fmdings in proper form (A10)?

30.
a. Was the evidence, if any, of previous convictions admissible and properly introduced in evidence (RCM 1001(b)(3))?

b.
Was the information from personnel records of the accused properly admitted (RCM 1001(b)(2))?

c.
Was the defense permitted to introduce evidence in extenuation and mitigation after the court announced findings of guilty (RCM 1001(c))?

31. a. In a trial with members, did the president announce the sentence (RCM 1007)?
b. If trial was by military judge alone, did the military judge announce the sentence (RCM 1007)?
TC SPCMCA GCM or OJAG
JA
YES NO YES NO YES NO YES NO
X X
/ / / /
/ / / /
X X
X X
X X
/ / / /
X X
/ / / /
X X
X X
X X
X X
X X
X X
/ / / /
/ / / /
X X
/ / / /
X X
X X
/ / / /
X X

018026

DD FORM 494, OCT 84, Page 3
20041129
COURT -MARTIAL DATA SHEET

-

SECTION A PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)
32.
Was the sentence in proper form (All)?

33.
Is the record properly authenticated (RCM 1104)?

34.
a. Did all members who participated in proceedings in revision vote on original findings and sentence (RCM 1102(e)(1))?

b. At proceedings in revision, were a military judge (if one was present at the trial), the accused, and counsel for the prosecution and defense present (RCM 1102(e)(1))?
35.
Was each accused finuished a copy of the record or substitute service made on defense counsel (RCM 1104(b))?

36.
Was clemency recommended by the court or military judge?

-

SECTION B PROCEDURE AFTER TRIAL
37.
Was the court convened by proper authority (RCM 504(b))?

38.
Did the court have jurisdiction of person and offense (RCM 202 & 203)?

39.
Does each specification state an offense under the code (RCM 907(b))?

40.
Did the accused have the requisite mental capacity at the time of trial and the requisite mental responsibility at the time of the conunission of each offense (RCM 909 and RCM 916(k))?

41.
Is the evidence sufficient to support the findings?

42.
Is the sentence within legal limits (RCM 1112(d)?

43.
Is the action of the convening authority properly entered in the record and signed (RCM 1107(f))?

44.
If appropriate, is a proper place of confinement designated (RCM 1107(f)(4)(c))?

45.
a. Was the staff judge advocate's post-trial recommendation served on the defense counsel for comment (RCM 1106(f)?

b.
If the addendum to the recommendation contained new matters, was it served on the defense counsel for comment (RCM 1105(f)(7))?

c.
Did the accused submit matters for the convening authority's consideration in a timely manner (RCM 1105)?

d.
If yes, was the convening authority's action subsequent to the submission of the matters?

e.
If no, did the accused waive in writing the right to submit matters and was the action taken subsequent to the written waiver or did the time periods provided in RCM 1105(c) expire before the convening authority's action?

46. a. Does the record indicate that the accused was advised of his/her appellate rights (RCM 1010)?
b.
Do the allied papers contain a statement indicating the desires of the accused with respect to appellate representation in the event his/her case is referred to a court of military review?

c.
Did the accused waive or withdraw appellate review and is the waiver or withdrawal in proper form and attached to the record of trial (RCM 1110, Al9 & 20)?

TC SPCMCA GCM or OJAG JA YES NO YES NO YES NO YES NO X X X X
/ / / /
/ / / /
X X
X X
GCM or TC SPCMCA JA OJAG
YES NO YES NO YES NO YES NO X X X X
X X X X
X X X X X X
/ / / /
X X
X X
X X
X X
/ / /
X X
X X
/ / / / .
DD FORM 494, OCT 84, Page 4 0180241
20041129

.
COURT -MARTIAL DATA SHEET
TC SPCMCA GCM or OJAG
SECTION C -COURT-MARTIAL ORDERS ( CM0 ) JA
YES NO YES NO YES NO YES NO
47. Does the initial CM0 bear the same date as the action of the convening authority who published it? X X
48. Are all the orders convening the court which tried the case correctly cited in the CMO? / / / /
49. Are the accused's name, rank, SSN, unit/command name and branch of service correctly shown in the CMO? X X
50. Are all the charges and specifications (including amendments) upon which the X
accused was arraigned correctly shown in the CM0 (RCM 1114)?
51. Are the pleas, fmdings, and sentence correctly shown in the CMO (RCM 1114)? X X
52. Does the CM0 show the date the sentence was adjudged? X X
53. Is the action of the convening authority correctly shown in the CMO? 54. Is the CM0 properly authenticated (RCM 1114)? X X X X
55. REMARKS:

DD FORM 494, OCT 84, Page 5 018026
20041129

COURT -MARTIAL DATA SHEET

55. REMARKS (Continued):

OA)-2-07)(C) 2_ .
. -
i
56. TRIAL COUNSEL
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. SIGNATURE d. DATE SIGNED
CPT c7.,_
/ it.4..erAS1-o-c4,---
57. CONVENING AUTHORITY OR HIS/HER REPRESEN
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. SIGNATURE d. DATE SIGNED
58. STAFF JUDGE ADVOCATE OF GENERAL COURT-MARTIAL CONVENING AUTHORITY OR RE'VIEWING JUDGE ADVOCATE
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. S TURE d. DATE SIGNED
LTC ii.
)--t3-tg-

59. ACTION IN E OFFICE OF THE JUDGE ADVOCATE GENERAL
a. ACTION:
b. INDIVIDUAL COMPLETING DATA SHEET
(1) TYPED NAME (Last, First Middle Initial (2) RANK (3) SIGNATURE (4) DATE SIGNED

DD FORM 494, OCT 84, Page 6
018029 ) 0 4 1 1 2 9
DNA processing required. 10 U.S.C. § 1565.

DEPARTMENT OF THE ARMY
Headquarters, III Corps and Fort Hood
Fort Hooi:1, Texas 76544-5001

GENERAL COURT-MARTIAL ORDER
7 September 2005
NUMBER 29 7,S
.
(4(&)-72. MC)4-Z Staff Sergeant Ivan L. Frederick11,01111111111, U.S. Army, Headquarters and Headquarters Cornpany, 16th Military Police Brigade (Airborne), Fort Bragg, North Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following offenses at a general court-martial convened by the Commander, Ill Corps and the case was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment from Iraq.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private First Class Lynndie R. England, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together and directed the said Private First Class England to photograph the detainees. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, conspire with Sergeant Javal S. Davis, Corporal Charles

A. Graner, Jr., Specialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy the §aid Staff Sergeant Fred§rick did place naked detainees in a human pyramid and photographed the pyramid of naked detainees. Plea: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Article S2. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018030

4 1 1 2 9
GCMO No. 29, DA, Headquarters, III Corps and Fort Hoo'd, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell off of the box, and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by placing naked detainees in a human pyramid and photographing the pyramid of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of ahother detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material between two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018031
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)

by grabbing the hands and arms of the said detainees and ordering them to strike or
punch each other, with the-detainees then striking or punching each other. Plea: Not
Guilty. Finding: Not Guilty.

Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, unlawfully strike S'everal detainees by jumping on and
impacting the bodies within a pile of said detainees with his shoulder or upper part of his
body. Plea: Not Guilty. Finding: Not Guilty.

Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several
detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.

Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "'striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlavvfully triking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
01803:.!
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)

Correctional Facility, with other soldiers who photographed or watched the detainees'
actions. Plea: Guilty. Finding: Guilty.

SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private
(E-1); to forfeit all pay and allowances; to be confined for ten years; and to be
discharged with a dishonorable discharge.

ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1);
forfeiture of all pay and allowances; confinement for ninety months and a dishonorable
discharge is approved and, except for the part of the sentence extending to a
dishonorable discharge, will be executed. The accused will be credited with 20 days of
confinement against the sentence to confinement.

BY COMMAND OF LIEUTENANT GENERAL METZ:
DISTRIBUTJON:

(b)6) Atb )(7)(1111111111.1P1
SSG Frederick (1) LTC, JA
MJ, CO 1

Chief, Criminal Law Division
TC„CPT
ATC, CP
DC, CPT
CDC, Mr.S(1) Oig,/ -3 ;ONO :3
Cdr, HHC, 16th MP Bde (ABN) (1)
Cdr, Ill Corps and Fort Hood, ATTN: SJA (1)
Cdr, 126th FSB, ATTN: FAO (1)
Cdr, 18th PSB, ATTN: Records Section (1)

Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1)
Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1)
OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma

73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10)
U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)
4
0 1 8 0 3 3
DNA processing required. 10 U.S.C. § 1565.

DEPARTMENT OF THE ARMY
Headquarters, Ill Corps and Fort Hood
Fort Hood, Texas 76544-5001

GENERAL_ COURT-MARTIAL ORDERS 7 September 2005NUMBERS
29 go -2 bP - 2
Staff Sergeant Ivan L. Frederick II,S

U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North
Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following

offenses at a general court-martial convened by the Commander, Ill Corps and the case
was later transferred to the Commander, III Corps and Fort Hood upon redeployment
from Iraq.

Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private
First Class Lynndie R. England, to commit an offense under the Uniform Code of
Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of
the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together
and directed the said Private First Class England to photograph the detainees. Plea:
Not Guilty. Finding: Not Guilty.

Specification 2: Did, at or near Baghdad Central Correctional FaCility, Abu Ghraib, Iraq,
an or about 8 November 2003, conspire with Sergeant Javal S. Davis, Corporal Charles

A. Graner, Jr., Sppcialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M.1Ambull, and Private First Class Lynndie R. England, to commit an offense under the, Uniforn Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect tke object of the conspiracy the said Staff Sergeant Frederick did place naked detainees in a human pyramid and photographed the pyramid of naked detainees. Plea: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018034
20041129
GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell off of the boi, and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by placing naked detainees in a human pyramid and photographing the pyramid of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material between two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018035

GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-
.5001 dated 7 September 2005 (continued)

by grabbing the hands and arms of the said detainees and ordering them to strike or punch each other, with the,detainees then striking or punching each other. Plea: Not Guilty. Finding: Not Guilty.
Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully Otriking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie- R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
018036
DNA processing required. 10 U.S.C. § 1565.

DEPARTMENT OF THE ARMY
Headquarters, III Corps and Fort Hood
Fort Hood, Texas 76544-5001

GENERAL COURT-MARTIAL ORDER 7 September 2005NUMBERS
290A -Z hPicf-z
Staff Sergeant Ivan L. Frederick II, S
U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North
Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following

offenses at a general court-martial convened by the Commander, Ill Corps and the case
was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment
from Iraq.

Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private
First Class Lynndie R. England, to commit an offense under the Uniform Code of
Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of
the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together
and directed the said Private First Class England to photograph the detainees. Plea:
Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional S
cility, Abu Ghraib, Iraq,
on or about 8, November 2003, conspire with Sergeant Javal S. Davis, Corporal Charles

A. Graner, Ji-!, Specialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M. Ambiahl, and Private First Class Lynndie R. England, to commit an offense under the Uniforin.Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy the said Staff Sergeant Frederick did place naked detainAs in a hurnan pyramid and photographed the pyramid of naked detainees. Plea: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018038
20041129
GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell off of the box, and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by placing naked detainees in a human pyramid and photographing the pyramid of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate
fellatio and photographing the detainees during these acts". To the excepted words: notguilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material between two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat tvvo detainees, persons subject too his orders,
2
018039

GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
by grabbing the hands and arms of the said detainees and ordering them to strike or punch each other, with the detainees then striking or punching each other. Plea: Not Guilty. Finding: Not Guilty.
Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several . detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harnn, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlavvfully 4,triking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
018040

GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)
Correctional Facility, with other soldiers who photographed or watched the detainees'
actions. Plea: Guilty. Finding: Guilty.
SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private
(E-1); to forfeit all pay and allowances; to be confined for ten years; and to be
discharged with a dishonorable discharge.

ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1);
forfeiture of all pay and allowances; confinement for ninety months and a dishonorable
discharge is approved and, except for the part of the sentence extending to a
dishonorable discharge, will be executed. The accused will be credited with 20 days of
confinement against the sentence to confinement.

BY COMMAND OF LIEUTENANT GENERAL METZ:
NA -a Q42).-C
DISTRIBUTION:
SSG Fre erick (1S LTC, JA
NC, COLS(1)S

Chief, Criminal Law Division
TC„CPTS1)
ATC, CPS
JO)
DC, CPS(1)--'
CDC, Mr.S
(1) Cb)6) -3 k7)(c
Cdr, HHC, 16th MP Bde (ABN) (1)
Cdr, Ill Corps and Fort Hood, ATTN: SJA (1)
, Cdr, 126th FSB, ATTN: FAO (1) Cdr, 18th PSB, ATTN: Records Section (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma
73503-5100 (1)
Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington,
Virginia 22203-1837 (10)

U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North
2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)

4
018037
DOD-041219
GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)

Correctional Facility, with other soldiers who photographed or watched the detainees'
actions. Plea: Guilty. Finding: Guilty.

SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private
(E-1); to forfeit all pay and allowances; to be confined for ten years; and to be
discharged with a dishonorable discharge.

ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1);
forfeiture of all pay and allowances; confinement for ninety months and a dishonorable
discharge is approved and, except for the part of the sentence extending to a
dishonorable discharge, will be executed. The accused will be credited with 20 days of
confinement against the sentence to confinement.

BY COMMAND OF LIEUTENANT GENERAL METZ:
(b*-4651)'-7
DISTRIBUTION:
SSG Fre eric (1)S

LTC, JA
110J, COLS

Chief, Criminal Law Division
TC„CPT
ATC, CPT
DC, CPT

CDC, Mr.S1) Ogo.) -30)PEC)
Cdr, HHC, 16th MP Bde (ABN) (1)
Cdr, III Corps and Fort Hood, ATTN: SJA (1)
Cdr, 126th FSB, ATTN: FAO (1)
Cdr, 18th PSB, ATTN: Records Section (1) S

.-
Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1)
Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1)
OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma

73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington,Virginia 22203-1837 (10)
U.S. Army Criminal Investigations Lab, Fort GiIlem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)
4
018041
DOD-041220
DNA processing required. 10 U.S.C. § 1565.

DEPARTMENT OF THE ARMY
Headquarters, III Corps and Fort Hood
Fort Hood, Texas 76544-5001

GENERAL COURT-MARTIAL ORDER 7 September 2005NUMBERS 29
-2 Vetz
Staff Sergeant Ivan L. Frederick II,S, U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North
Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following
offenses at a general court-martial convened by the Commander, Ill Corps and the case
was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment
from Iraq.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private
First Class Lynndie R. England, to commit an offense under the Uniform Code of
Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of
the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together
and directed the said Private First Class England to photograph the detainees. Plea:
Not Guilty. Finding: Not Guilty.

Specification 2: Did, at or near Baghdad Central Correctionpl Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, conispire with Sergeant Javdi S. Davis, Corporal Charles

A. Graner, Jr., Specialist Jeremy C. Sivits, Specialist Sabrina'D. Harman, Specialist Megan M.,Ambuhl, and Private First Class Lynndie R. England, to commit an offense under th0+Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order' to effeat the object of the conspiracy the said Staff Sergeant Frederick did place naked detaine6s in a human pyramid and photographed the pyramid of naked detainees. 'plea: Guilty, excepting the words "did place naked detainees in a human pyrarnid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018042
20041129
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders,
by
participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell off of the box, and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by placing naked detainees in a human pyramid and photographing the pyramid of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordeTing the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of ahother detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material between two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018043

GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
by grabbing the hands and arms of the said detainees and ordering them to strike or
punch each other, with the detainees then striking or punching each other. Plea: Not
Guilty. Finding: Not Guilty.

Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several
detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.

Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully Otriking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the
chest with a closed fist." To the excepted words: not guilty. To the substituted words:guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees,
_ Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3

018044

GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)

Correctional Facility, with other soldiers who photographed or watched the detainees'
actions. Plea: Guilty. Finding: Guilty.

SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private
(E-1); to forfeit all pay and allowances; to be confined for ten years; and to be
discharged with a dishonorable discharge.

ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1);
forfeiture of all pay and allowances; confinement for ninety months and a dishonorable
discharge is approved and, except for the part of the sentence extending to a
dishonorable discharge, will be executed. The accused will be credited with 20 days of
confinement against the sentence to confinement.

BY COMMAND OF LIEUTENANT GENERAL METZ:
(Op -2 bg(C) -2-
DISTRIBUTION:
4111111111
SSG Frederic (1) LTC, JA
IVIJ, COL 1

Chief, Criminal Law DivisionTC„CPT ATC, CPT DC, CP CDC, Mr.S1) biCi -3 -A) -7(e)2Cdr, HHC, th MP Bde (AB'N) (1) Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) , Cdr, 126th FSB, ATTN: FAO (1) Cdr, 18th PSB, ATTN: Records Section (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10)
U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North
2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)

4
018045
DNA processing required. 10 U.S.C. § 1565.
DEPARTMENT OF THE ARMY
Headquarters, III Corps and Fort Hood
Fort Hood, Texas 76544-5001

GENERAL COURT-MARTIAL ORDER
7 September 2005
NUMBER 29

2PIC)
Staff Sergeant Ivan L. Frederick 11,111111111111 U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North
Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following
offenses at a general court-martial convened by the Commander, Ill Corps and the case
was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment
from Iraq.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private
First Class Lynndie R. England, to commit an offense under the Uniform Code of
Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of
the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together
and directed the said Private First Class England to photograph the detainees. Plea:
Not Guilty. Finding: Not Guilty.

Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, an or about 8 November 2003, conspire with Sergeant Javal S. Davis, Corporal Charles
A. Graner, Jr., Specialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M. Ambuhl,,and Private First Class Lynndie R. England, to commit an offense under the Uniform oode of Military Justice, to wit: maltreatment of subordinates, and in order to effect thi object of the conspiracy the said Staff Sergeant Frederick did place naked detaineesin a human pyramid and photographed the pyramid of naked detainees. Plea: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018046
20041129
DOD-041225
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1:, At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covgred and allowing the detainee to be told he would be electrocuted if he fell off of the boxr,'!fand allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by placing naked detainees in a human pyramid and photographing the pyramid of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material betvveen two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018047

GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2006 (continued)
by grabbing the hands and arms of the said detainees and ordering them to strike or punch each other, with the detainees then striking or punching each other. Plea: Not Guilty. Finding: Not Guilty.
Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully gtriking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
018048

GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Correctional Facility, with other soldiers who photographed or watched the detainees'
actions. Plea: Guilty. Finding: Guilty.
SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private (E-1); to forfeit all pay and allowances; to be confined for ten years; and to be discharged with a dishonorable discharge.
ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1); forfeiture of all pay and allowances; confinement for ninety months and a dishonorable discharge is approved and, except for the part of the sentence extending to a dishonorable discharge, will be executed. The accused will be credited with 20 days of confinement against the sentence to confinement.
BY COMMAND OF LIEUTENANT GENERAL METZ:
(6,0 -2)m -2
DISTRIBUTION:
SSG Frederick (1)S L C, JA
0J, CO Chief, Criminal Law Division

TC„CPT
ATC, CPT
DC, CP
CDC, Mr.S(1) 47, to) -3 j
Cdr, HHC, 16th MP Bde (ABN) (1)
Cdr, III Corps and Fort Hood, ATTN: SJA (1)

, Cdr, 126th FSB, ATTN: FAO (1) Cdr, 18th PSB, ATTN: Records Section (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma
73503-5100 (1)
Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington,
Virginia 22203-1837 (10)

U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North
2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)

4
018049

DNA processing required. 10 U.S.C. § 1565.
DEPARTMENT OF THE ARMY
Headquarters, III Corps and Fort Hood
Fort Hood, Texas 76544-5001
GENERAL COURT-MARTIAL ORDER
7 September 2005
NUMBER 29
OXJ2-7e)--2-
Staff Sergeant Ivan L. Frederick 11,111111111111 U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North
Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following
offenses at a general court-martial convened by the Commander, III Corps and the case
was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment
from Iraq.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private
First Class Lynndie R. England, to commit an offense under the Uniform Code of
Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of
the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together
and directed the said Private First Class England to photograph the detainees. Plea:
Not Guilty. Finding: Not Guilty.

Specification 2: Did, at or near Baghdad Central Correctional Facility,' Abu Ghraib, Iraq,
on or about 8 November 2003, conspire with Sergeant Javal S. Davis, Corporal Charles

A. Graner, Jr., Spjecialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M. Ambuhl,. and Private First Class Lynndie R. England, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect tie object of the conspiracy the said Staff Sergeant Frederick did place
'naked detainee in a human pyramid and photographed the pyramid of naked
detainees. Plea: Guilty, excepting the words "did place naked detainees in a human
pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words
"did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018050
20041129
DOD-041229
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1:, At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell Off of the bo*,' and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on
or about 8 November 2003, did maltreat several detainees, persons subject to his
orders, by placing naked detainees in a human pyramid and photographing the pyramid
of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a
human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the
words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material between two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018051

GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
by grabbing the hands and arms of the said detainees and ordering them to strike or punch each other, with the-detainees then striking or punching each other. Plea: Not Guilty. Finding: Not Guilty.
Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully 4triking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking hinri with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
018652

GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)
Correctional Facility, with other soldiers who photographed or watched the detainees'
actions. Plea: Guilty. Finding: Guilty.
SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private
(E-1); to forfeit all pay and allowances; to be confined for ten years; and to be
discharged with a dishonorable discharge.

ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1);
forfeiture of all pay and allowances; confinement for ninety months and a dishonorable
discharge is approved and, except for the part of the sentence extending to a
dishonorable discharge, will be executed. The accused will be credited with 20 days of
confinement against the sentence to confinement.

BY COMMAND OF LIEUTENANT GENERAL METZ:
(b.-2 ' (b)(7,41Z
DISTRIBUTION:
din=
SSG Frederick (1) LTC, JA
IYAJ, COL 1
Chief, Criminal Law Division
TC„CPT
ATC, CPT
DC, CP 1)
CDC, Mr. (1)

()(,)-3 b)c-qc) -3
Cdr, HHC, 16 MP Bde (ABN) (1)
Cdr, III Corps and Fort Hood, ATTN: SJA (1)
, Cdr, 126th FSB, ATTN: FAO (1) Cdr, 18th PSB, ATTN: Records Section (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma
73503-5100 (1)
Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington,
Virginia 22203-1837 (10)

U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North
2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)

4
018053
DNA processing required. 10 U.S.C. § 1565.
DEPARTMENT OF THE ARMY
Headquarters, Ill Corps and Fort Hood
Fort Hood, Texas 76544-5001
GENERAL COURT-MARTIAL ORDER
7 September 2005
NUMBER 29
aW2- 7(N -2_
Staff Sergeant Ivan L. Frederick 111111111111111111U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North
Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following
offenses at a general court-martial convened by the Commander, Ill Corps and the case
was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment
from Iraq.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private First Class Lynndie R. England, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together and directed the said Private First Class England to photograph the detainees. Plea: Not Guilty. Finding: Not Guilty.
'St4A
Specification 2: Did, at or near Baghdad Central Correctional Facility! Abu Ghraib, Iraq, on or about 8 Npvember 2003, conspire with Sergeant Javal S. Davis, Corporal Charles
A. Graner,-Jr., Spocialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M. A buhl, -and Pnvate First Class Lynndie R. England, to commit an offense under the iforrp dode of Military Justice, to wit: maltreatment of subordinates, and in ordei- to eftcct t object of the conspiracy the said Staff Sergeant Frederick did place naked detan-iee in a human pyramid and photographed the pyramid of naked detainees. Plea: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018054
20041L2 9
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1:, At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell off of the box, and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by placing naked detainees in a human pyramid and photographing the pyramid of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of ahother detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these ac,ts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of anoiher detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a defainee who was bound by padded material between two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018055

GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
by grabbing the hands and arms of the said detainees and ordering them to strike or punch each other, with the-detainees then striking or punching each other. Plea: Not Guilty. Finding: Not Guilty.
Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully Otriking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
018056
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
Correctional Facility, with other soldiers who photographed or watched the detainees' actions. Plea: Guilty. Finding: Guilty.
SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private (E-1); to forfeit all pay and allowances; to be confined for ten years; and to be discharged with a dishonorable discharge.
ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1); forfeiture of all pay and allowances; confinement for ninety months and a dishonorable discharge is approved and, except for the part of the sentence extending to a dishonorable discharge, will be executed. The accused will be credited with 20 days of confinement against the sentence to confinement.
BY COMMAND OF LIEUTENANT GENERAL METZ:

(h,to -2,(4mur
DISTRIBUtION:
SSG Frederick (1)S LTC, JA
KJ, COS

Chief, Criminal Law Division TC„CP ATC, CPT DC, CP CDC, Mr.SI ) ) 3Cdr, HHC, 16th MP Bde (ABN) (1) Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) , Cdr, 126th FSB, ATTN: FAO (1) Cdr, 18th PSB, ATTN: Records Section (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahorna 73503-5100 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10)
U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North
2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)

4
0 1 8 05 7

DNA processing required. 10 U.S.C. § 1565.

DEPARTMENT OF THE ARMY
Headquarters, Ill Corps and Fort Hood
Fort Hood, Texas 76544-5001

GENERAL COURT-MARTIAL ORDER
7 September 2005
NUMBER 29 0.10 Z17,0 -2
Staff Sergeant Ivan L. Frederick 111111111111111110, U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North
Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following
offenses at a general court-martial convened by the Commander, Ill Corps and the case
was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment
from Iraq.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private
First Class Lynndie R. England, to commit an offense under the Uniform Code of
Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of
the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together
and directed the said Private First Class England to photograph the detainees. Plea':
Not Guilty. Finding: Not Guilty.

Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
an or about 8 November 2003, conspire with Sergeant Javal S. Davis, Corporal Charles

A. Graner, Jr., 4ccialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect thp object of the conspiracy the said Staff Sergeant Frederick did place naked detainees in a human pyramid and photographed the pyramid of naked detainees. Plea: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not
guilty.
Charge II: Artide 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018058
20041129
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: "Guilty.
Specification 1:. At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell off of the box, and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near BaghdacrCentral Correctional Facility, Abu Ghraib, Iraq, on
or about 8 November 2003, did maltreat several detainees, persons subject to his
orders, by placing naked detainees in a human pyramid and photographing the pyramid
of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a
human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the
words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of ahother detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material between two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018059

GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-5001 dated 7 September 2005 (continued)
by grabbing the hands and arms of the said detainees and ordering them to strike or punch each other, with the detainees then striking or punching each other. Plea: Not Guilty. Finding: Not Guilty.
Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, commit an assault upon a detainee by striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching the detainee with a closed fist in the center of the chest with enough force to cause the detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully dtriking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
018060

GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)

Correctional Facility, with other soldiers who photographed or watched the detainees'
actions. Plea: Guilty. Finding: Guilty.

SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private
(E-1); to forfeit all pay and allowances; to be confined for ten years; and to be
discharged with a dishonorable discharge.

ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1);
forfeiture of all pay and allowances; confinement for ninety months and a dishonorable
discharge is approved and,"except for the part of the sentence extending to a
dishonorable discharge, will be executed. The accused will be credited with 20 days of
confinement against the sentence to confinement.

BY COMMAND OF LIEUTENANT GENERAL METZ:
(W-2 (bVie 1111111110
DISTRIBUTION:
SSG Frederick (1)S LTC, JA
01J, COLS1S

Chief, Criminal Law DivisionTC„CPT ATC, CPT DC, CPTS1 CDC, Mr1r111) W-3) (1?)(7)(c) -c.3 Cdr, HHC, 6th MP Bde (ABN) (1) Cdr, III Corps and Fort Hood, ATTN: SJA (1) , Cdr, 126th FSB, ATTN: FAO (1) Cdr, 18th PSB, ATTN: Records Section (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10)
U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North
2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)

4
018061
DOD-041240
DNA processing required. 10 U.S.C. § 1565.

DEPARTMENT OF THE ARMY
Headquarters, Ill Corps and Fort Hood
Fort Hood, Texas 76544-5001

GENERAL COURT-MARTIAL ORDER (46)--2PA 7 September 2005 NUMBERS 29
Staff Sergeant Ivan L. Frederick II,SU.S. Army, Headquarters and Headquarters Company, 16th Military o ice rigade (Airborne), Fort Bragg, North Carolina 28307, was arraigned at Baghdad and Victory Base, Iraq on the following offenses at a general court-martial convened by the Commander, III Corps and the case was later transferred to the Commander, Ill Corps and Fort Hood upon redeployment
from Iraq.
Charge I: Article 81. Plea: Guilty. -Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 24 October 2003, conspire with Corporal Charles A. Graner, Jr. and Private First Class Lynndie R. England, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy the said Staff Sergeant Frederick handcuffed three detainees together and directed the said Private First Class England to photograph the detainees. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, conspire with Sergeant Javal S. Davis, Corporal Charles
A. Granpr, 4., Specialist Jeremy C. Sivits, Specialist Sabrina D. Harman, Specialist Megan M. Ariibetl, and Private First Class Lynndie R. England, to commit an offense under the:UniformgCode of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy the said Staff Sergeant Frederick did place naked detainees in a human pyramid and photographed the pyramid of naked detainees. Plea: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "did place naked detainees in a human pyramid and". To the excepted words: not guilty.
Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.
018062
20041129
GCMO No. 29, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)
Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1:, At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by participating in and allowing the placing of wires on the detainee's hands while he stood on a Meals Ready to Eat box with his head covered and allowing the detainee to be told he would be electrocuted if he fell off of the box, and allowing the detainee to be photographed. Plea: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty. Finding: Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the substituted word: guilty.
Specification 2: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by placing naked detainees in a human pyramid and photographing the pyramid of naked detainees. Plea: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not guilty. Finding: Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepted words: not
guilty.
Specification 3: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by ordering the detainees to strip, and then ordering the detainees to masturbate in front of the other detainees and soldiers, and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts. Plea: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty. Finding: Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not
guilty.
Specification 4: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat a detainee, a person subject to his orders, by posing for a photograph sitting on top of a detainee who was bound by padded material betvveen two medical litters. Plea: Guilty. Finding: Guilty.
Specification 5: At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003 did maltreat two detainees, persons subject too his orders,
2
018063

GCMO No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)
by grabbing the hands and arms of the said detainees and ordering them to strike or
punch each other, with the-detainees then striking or punching each other. Plea: Not
Guilty. Finding: Not Guilty.
Charge IV: Article 128. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, unlawfully strike several detainees by jumping on and
impacting the bodies within a pile of said detainees with his shoulder or upper part of his
body. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, unlawfully stomp on the hands and bare feet of several
detainees with his shod feet. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq,
on or about 8 November 2003, commit an assault upon a detainee by striking him with a
means or force likely to produce death or grievous bodily harm, to wit: by punching the
detainee with a closed fist in the center of the chest with enough force to cause the
detainee to have difficulty breathing and require medical attention. Plea: Not guilty, but
guilty of the lesser included offense of assault consummated by a battery, excepting the
words "striking him with a means or force likely to produce de@th or grievous bodily
harm, to wit: by punching with enough force to cause the detainee to have difficulty
breathing and require medical attention" and substituting therefore the words "unlawfully
striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty. Finding: Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a
means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words:
guilty.
Charge V: Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, wrongfully commit an indecent act with detainees,
, Corporal Charles A. Graner, Jr., Specialist Megan M. Ambuhl, and Private First Class Lynndie R. England, by observing a group of detainees masturbating, or attempting to masturbate, while they were located in a public corridor of the Baghdad Central
3
018064
CCM° No. 29, DA, Headquarters, III Corps and Fort Hood, Fort Hood, Texas 76544-
5001 dated 7 September 2005 (continued)

Correctional Facility, with other soldiers who photographed or watched the detainees' actions. Plea: Guilty. Finding: Guilty.
SENTENCE
Sentence was adjudged on 21 October 2004. To be reduced to the grade of Private (E-1); to forfeit all pay and allowances; to be confined for ten years; and to be discharged with a dishonorable discharge.
ACTION
Only so much of the sentence as provides for reduction to the grade of Private (E-1); forfeiture of all pay and allowances; confinement for ninety months and a dishonorable discharge is approved and,'except for the part of the sentence extending to a dishonorable discharge, will be executed. The accused will be credited with 20 days of confinement against the sentence to confinement.
BY COMMAND OF LIEUTENANT GENERAL METZ:
(b,o) _35_1,1(7) c -3
DISTRIBUTION: SSG Frederick (1S LTC, JA NU, COL 1 Chief, Criminal Law Division
TC„CPT ATC, CPT DC, CPT
1) cop) -2_ ;(_b )0)c -
CDC, Mr.S
Cdr, HHC, 16th MP Bde (ABN) (1)
Cdr, III Corps and Fort Hood, ATTN: SJA (1)
Cdr, 126th FSB, ATTN: FAO (1)
Cdr, 18th PSB, ATTN: Records Section (1)
Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1)
Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1)
OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma

73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10)
U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1)
4
018065
DEPARTMENT OF THE ARMY
Headquarters, III Corps and Fort Hood
Fort Hood, Texas 76544-5001

AFZF-CG
07 SEP 2005
MEMORANDUM THRU
Commander, 16th Military Police Brigade (Airborne), Fort Bragg, North Carolina 28307 Commander, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Fort Bragg, North Carolina 28307 (Ayijz -OM 2 t="--AF7."V
FOR Staff Sergeant Ivan Frederick II U.S. Army, Headquarters and
Headquarters Company, 16th Militaryilrirle (Airborne), Fort Bragg, North
Carolina 28307

SUBJECT: Action on Matters Submitted Pursuant to Rules for Courts-Martial
1105 & 1106

I personally reviewed and considered all post-trial matters submitted by your defense
counsel before taking action in this case.

Ndeow.
Encls THOMAS F. METZ
1.
SJA Addendum Lieutenant General, USA

2.
SJA PTR Commanding

, 3. Defense Counsel Submission w/enclosure
a. Statement from Trial
Counsel dated 14 Jul 05, 1 pg

b. Transcript of Interview of LTG Metz,
dated 25 August 2004, 55 pages,
incorpora,ted by reference in Defense
CounselS' 1105 submission

c
1
018066
20041129
AFZF-JA-MJ
417 SEP 2005
MEMORANDUM FOR Commander, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001
mar(4)2171c) 2
SUBJECT: Addendum to Post-Trial Recommendation of the Staff Jud e Advocate — United States v. Staff Sergeant Ivan Frederick IISHeadquarters and Headquarters Company, 16th Military Police Brigade (Airbor e , ort Bragg, North Carolina 28307 - ACTION MEMORANDUM
1. Purpose. To forward a petition for clemency submitted by Staff Sergeant Ivan Frederick II, under the provisions of Rules for Courts-Martial (RCM) 1105 and 1106, through his defense counsel. The matters submitted by Staff Sergeant Frederick, through his defense counsel, are enclosed. Pursuant to RCM 1107, you muSt consider thetdefense submission prior to taking
action.S
0)4_.03)17.ei
-
2.
Discussion. On 2 June 2005, ColonelS, in his capacity as the III Corps and Fort Hood Staff Judge Advocate, signed the pos -tria recommendation in this case and directed that document be served on Staff Sergeant Frederick's defense counsel for comment.

3.
Allegations of Legal Error. SSG Frederick's counsels' submission alleged legal error. Specifically, Defense Counsel have alleged as error the failure of the Convening Authority to move the trial out of Iraq; the denial by the Military Judge of the defense motion to move the trial from Iraq, which resulted in the denial of live witnesses on behalf of SSG Frederick and denial of SSG Frederick's right to a fair trial; and that the sentence imposed by the Military Judge was facially excessive. The defense submission may also be read to raise legal error when counsel for the Accused imply that the Military Judge was subject to political pressure resulting in a more severe sentence for the Accused. I disagree with all of the allegations of legal error. No corrective action is required.

4.
Clemency Request. SSG Frederick's defense counsel has requested that you reduce the confinement portion of SSG Frederick's sentence by four years.

5.
Recommendation. In accordance with RCM 1106, I have carefully considered the enclosed matters. In my opinion, clemency is not warranted. Accordingly, I now specifically adopt as my own the post-trial recommendation of the prior III Corps and Fort Hood Staff Judge Advocate,

-64)-2.) ColonelS
and recommend that you approve only so much of the sentence as provides for re uc ion o the grade of Private (E-1); forfeiture of all pay and allowances; confinement for eight years; and a dishonorable discharge and, except for the part of the sentence extending to a dishonorable discharge, order the sentence executed. The accused should be credited with 20 days of confinement against the sentence to confinement. An action to accomplish this is enclosed.
(-64) -2 Akiztre'l
Encls
SJA PTR
Defense Counsel Submission Staff Judge Advocate

02198 0 67
r ,
ti 4.
AFZF-JA-MJ (6)AV 7fr)SUBJECT: Addendum to Post-Trial Recommendation of the Staff Jud Advocate — United States v. Staff Sergeant Ivan Frederick II, eadquarters andHeadquarters Company, 16th Military Police Brigade (Airborne), Fo ragg, North Carolina
28307 - ACTION MEMORANDUM
w/enclosure
a.
Statement from Trial Counsel
dated 14 Jul 05, 1 pg

b.
Transcript of Interview of LTG Metz,
dated 25 August 2004, 55 pages,
incorporated by reference in Defense
Counsels' 1105 submission

018063
20041129
S AFZF-JA-MJ 2 JUN 2005
MEMORANDUM FOR Commander, Ill Corps, Fort Hood, Texas 76544-5001
-7(c)
SUBJECT: Post-Trial Recommendation in the Court-Martial of the United States v.
Staff Sergeant Ivan L. Frederick II,SHeadquarters and Headquarters
Company, 16th Military Police Brigade Sorne , III Corps, Victory Base, Iraq — ACTION MEMORANDUM
1.
Purpose. To obtain initial action in the general court-martial of the United States v. Staff Sergeant Ivan L. Frederick II.

2.
Recommendation. Approve only so much of the sentence as provides for reduction to the grade of Private (E-1); forfeiture of all pay and allowances; confinement for eight years; and a dishonorable discharge and, except for the part of the sentence extending to a dishonorable discharge, order the sentence executed. The accused should be credited with 20 days confinement credit against the sentence to confinement.

3.
Discussion. Pursuant to RCM 1104(e) and 1106, the record of trial in the United States v. Staff Sergeant Ivan L. Frederick II has been referred to me for my recommendation prior to your action. Forwarded herewith is a copy of the court-martial record of trial.

a. Trial: On 19 May 2004; 21-22 June 2004; 24 August 2004; and 20-21 October 2004, the accused was tried by a general court-martial.
b. Summary of the Charges, Specifications, Pleas, and Findings:
ART CHARGE UCMJ SPECLGIST OF OFFENSELPLEA FINDING
81S1SOn or about 24 Oct 03, conspireSNGSNG
with CPL Charles Graner, Jr.
and PFC Lynndie England, to
commit an offense under the
UCMJ, to wit: maltreatment
of subordinates, by handcuffing
three detainees together and
ordering PFC Lynndie England to
photograph the detainees.
018060
20041129

AFZF-JA-MJS (402_7(0-z
SUBJECT: Post-Trial Recommendation in the Court-Martial of the United States v.
Staff Serqeant Ivan L. Frederick II,SHeadquarters and Headquarters
Company, 16th Military Police Brigade ir orne), Ill Corps, Victory Base, Iraq --
ACTION MEMORANDUM
ART CHARGE UCMJ SPECLGIST OF OFFENSELPLEA FINDING
2SOn or about 08 Nov 03,SG'SG1
conspire with SGT Javal Davis,
CPL Charles Graner, Jr., SPC
Jeremy Sivits, SPC Sabrina Harman,
SPC Megan Ambuhl, and PFC
Lynndie England, to commit an offense
under the UCMJ, to wit: maltreatment
of subordinates, by placing naked
detainees in a human pyramid and
photographing the pyramid of
naked detainees.
92SThe On or about 20 Oct 03 to on or about 01 Dec 03,was derelict in the performance of his duties in that he willfully failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do.
93S1SOn or about 08 Nov 03, did maltreat G2 SG2
a detainee, a person subject to his
orders, by participating in and
allowing the placing of wires on the
detainee's hands while he stood on
a Meals Ready to Eat box with his
head covered; allowing the detainee
to be told he would be electrocuted if
he fell off of the box; and allowing the
detainee to be photographed.
.
Guilty, excepting the words "did place naked detainees in a human pyrannid and". To the excepted words: not guilty.
Guilty, excepting the words "be told" and substituting the word "believe". To the excepted words: not guilty. To the subsfitutedword: guilty.
2 S 018070
2 0 0 4 1 1 2 9
(402 -7(c) -2.
AFZF-JA-MJ
SUBJECT: Post-Trial Recommendation in the Court-Martial of the United States v. Staff Sergeant Ivan L. Frederick 111111111111., Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), III Corps, Victory Base, Iraq --ACTION MEMORANDUM
ART CHARGE UCMJ SPECLGIST OF OFFENSELPLEA FINDING
2 On or about 08 Nov 03, did G3 G3
maltreat several detainees,
persons subject to his orders, by
placing naked detainees in a
human pyramid and
photographing the pyramid of
naked detainees.
3 On or about 08 Nov 03, did G4 G4
maltreat several detainees,
persons subject to his orders, by
ordering the detainees to undress,
and then ordering the detainees
to masturbate in front of other
detainees and soldiers; placing one
detainee in a position so the
detainee's face was directly in
front of the genitals of another
detainee to simulate fellatio and
photographing the detainees
during these acts.
4 On or about 08 Nov 03, did
maltreat a detainee, a person
subject to his orders, by posing
for a photograph sitting on top of
a detainee who was bound
by padded material between two
medical litters.

Guilty, excepting the words "placing naked detainees in a human pyramid and". To the excepting words: not guilty.
Guilty, excepting the words "and then placing one in a position so that the detainee's face was directly in front of the genitals of another detainee to simulate fellatio and photographing the detainees during these acts". To the excepted words: not guilty.
8 0 7 1
3
2 0 0 4 1 I
90 19
AFZF-JA-MJS AO Z - 70 - Z
SUBJECT: Post-Trial Recommendation in th Court-Martial of the United States v.
Staff Sergeant Ivan L. Frederick II,SHeadquarters and Headquarters
Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq --
ACTION MEMORANDUM
ART
CHARGE UCMJ SPECLGIST OF OFFENSELPLEA FINDING

5SOn or about 08 Nov 03, didSNGSNG maltreat two detainees, persons subject to his orders, by grabbing the hands and arms of said detainees and ordering them to strike or punch each other, with the detainees then striking or punching each other.
IVS128S1SOn or about 08 Nov 03,SNGSNG unlawfully strike several detainees by jumping on and impacting the bodies within a pile of said detainees with his shoulder or upper part of his body.
2SOn or about 08 Nov 03,SNGSNG unlawfully stomp on the hands and bare feet of several detainees with his shod feet.
3SOn or about 08 Nov 03, commitSNG'SNG'
an assault upon a detainee by
striking him with a means or force
likely to produce death or grievous
bodily harm, to wit: by punching
the detainee with a closed fist in the
center of the chest with enough force
to cause the detainee to have
difficulty breathing and require
medical attention.
5. Not guilty, but guilty of the lesser included offense of assault consummated by a battery, excepting the words "striking him with a means or force likely to produce death or grievous bodily harm, to wit: by punching with enough force to cause the detainee to have
difficulty breathing and require medical attention" and substituting therefore the words "unlawfully striking a detainee in the chest with a closed fist." To the excepted words: not guilty. To the substituted words: guilty.
018072

r' S
, 1 2 9
AFZF-JA-MJ SUBJECT: Post-Trial RecommendatiSthe ourt-Maftial of the United States v. Staff Sergeant Ivan L. Frederick IISHeadquarters and Headquarters Company, 16th Military Police Brigade (Airborne), III Corps, Victory Base, Iraq --ACTION MEMORANDUM
ART CHARGE UCMJ SPEC GIST OF OFFENSE PLEA FINDING
VS134SThe On or about 08 Nov 03, wrongfully G
commit an indecent act with
detainees, CPL Charles Graner, Jr.,
SPC Megan Ambuhl, and
PFC Lynndie England, by observing
a group of detainees masturbating, or
attempting to masturbate, while
they were located in a public
corridor of the Baghdad Central
Confinement Facility, with other
soldiers who photographed or
watched the detainees' actions.

c.
Sentence Adjudged: To be reduced to the grade of Private (E-1); to forfeit all pay and allowances; to be confined for ten years; and to be discharged from the service with a dishonorable discharge.

d.
Pretrial Confinement/Pretrial Punishment: 20 days credit for an alleged violation of Article 13, UCMJ. The exact nature of the alleged violation is not set forth in the Record of Trial. See pages 251-254 of the Record of Trial for discussion for Article 13 credit.

e.
Pretrial Agreement: The convening authority will disapprove any confinement in excess of eight years.

f. Personal Data of the Accused:
(1)
Date and Term of Current Service: 28 August 2001 (36 months); ETS: 27 August 2004.

(2)
Date of Birth: 3 October 1966.

(3)
Awards and Decorations: ARCOM (2); AAM (3); ARCAM (4); AFRM; AFRM (with M device); ARCOTR (2); ASR; NDSM (2); NCOPD; GWTSM; GWTEM.

(4) Nonjudicial Punishment or Previous Convictions: None.
5 S 018073
0 4 1 1 2 9
AFZF-JA-MJL
64)2-UP

SUBJECT: Post-Trial Recommen i nLourt-Martial of the United States v.
Staff Sergeant Ivan L. Frederick II L, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), III Corps, Victory Base, Iraq --ACTION MEMORANDUM
(5)
Dependents: 1 adult and 2 children.

(6)
GT Score: 107.

(7)
MOS: 31B (Military Police)

(8)
BASD: 17 February 1984.

(9)
PEBD: 17 February 1984.

(10)
Additional information concerning the character of the accused's service is located in the Record of Trial (Tab 1).

g.
Discretion of the Convening Authority: As the convening authority, you may approve, disapprove, set aside, or modify the findings of the court-martial. You may also approve, disapprove, commute, or suspend the sentence in whole or in part, in accordance with the pretrial agreement. Such action may be taken in the interests of justice, discipline, mission requirements, clemency, or any other appropriate reason. The action to be taken is matter of command prerogative and lies within your sole discretion.

h.
Service on the Accused and Counsel: This memorandum will be served on the defense counsel for comment before action.

4. Point of contact for this action is the undersigned at 287-3421.
SIP
COL, JA Staff Judge Advocate
018074
6
20041129
muu--e--CUUb MUN Ub:Ub FM HO LAW CENTER
FAX NO. 9a73536501 P. 01
;
DEPARTMENT or THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE, REGION V
ALASKA FIELD OFFICE
FORT WAINWRIGHT, ALASKA 99703

REPLY TO
ATTENTION OF:

APVR-WJA-TDS 23 August 2005
MEMORANDUM FOR Commander III Corps, Fort Hood, Texas 76544
SUBJECT: Request for Clemency in the Matter of United States v, SSG Ivan Frederick
1. Pursuant to R.C.M. 1105, SSG Ivan Frederick respectfully requests you reduce his sentence to 4 years confinement.
History of the Case and Statement of Facts
2.
Charges and specifications involving maltreatment of prisoners at Abu Ghraib prison, Iraq, were brought against SSG Frederick in the spring of 2004. An Article 32 in-vestigating officer reconunended trial by general court-martial in May 2004. There were multiple defendants and the circumstance gained world wide notoriety.

3.
hi August 2004 SSG Frederick in a public staternent accepted responsibility for his conduct and urged others to do so. He was the first of the charged defendants to accept responsibility. His acceptance of responsibility was unequivocal and was widely reported,

4, Counsel for SSG Frederick sought to move the trial out of Iraq in order to assure the attendance of critical civilian witnesses. A motion was filed with the military judge to achieve that end. The convening authority in an interview with all defense counsel in August 2004 asserted unequivocally that all trials must be held in Iraq and that he would not support a change of venue (the transcript of that interview is incorporated by reference herein). The military judge denied SSG Frederick's motion to change the location of the trial on 24 August 2004.
5.
SSG Frederick pled guilty on 20 October 2004 to chaxges involving prisoner maltreatment and others. The military judge, pursuant to the pretrial agreement, sentenced SSG Frederick to eight years of confinement at hard labor and a dishonorable discharge. SSIF Frederick is currently serving that sentence at the Disciplinary Barracks, Fort Leavenworth.

6.
Lmmediately after the presidential elections in November 2004 the convening authority
without application by any defendant and without any explanation moved the remaining courts-
martial out of Iraq to Fort Hood, Texas,

018075
2 c 0
2 9
Huu-ee-eun nuN WM FM ?WO LAW OENTER

FAX NO, 9/173536501 P. 02
APVR-WJA-TDS
SUBJECT: Request for Clemency in the Matter of United States v. SSG Ivan Frederick

Bases for Clemency
7. Since his guilty plea SSG Frederick has provided significant information to the government
regarding the conduct of other soldiers and has testified at multiple trials and an Article 32
proceeding for the government. Specifically SSG Frederick has:

a.
Provided a 139 page sworn statement regarding activities at Abu Glaraib, none of
which has proven to be inaccurate.

b.
Has identified misconduct by a CID agent and passed a polygraph to confirm the
truthfulness of his representations regarding that CID agent.

0,(.6)
c. Has testified for the government at the Article 32 Proceeding of SGT11111. a dog ,
(o17 to -5.
handler who has been charged with maltreatment.
d . Has testified for the governtnent at the general court-martial, U.S. v. Grainer, where
his testimony was instrumental in gaining a conviction.

e.
Has testified for the government at the special court-martial of, U.S. v. Harmon,
where his testimony was instrumental in gaining a conviction.

f.
Has cooperated in any fa.shion that he has been asked by the government to further
the interests of the government's prosecution.

-
(4) "2) OVVI Z_
7. THE TRIAL COUNSEL, MAJORIIIIMIIIVID CPT
WHO HAVE BEEN PROSECUTORS IN ALL THE ABU GHRA1B TRIALS
1-E

1119111PORMED BY ATTACHED MEMORANDUM THE VALUE THAT SSG
FREDERICK HAS PROVIDED TO THE GOVERNMENT. THIS DOCLTMENT IS AN
EXTRAORDINARY AFFIRMATION THAT CLEMENCY IS APPROPRIATE IN THIS
CASE.

8. Beyond the above there is this:
a. Psychological testing done by an Army psychologist at Landstuhl, Germany, revealed that SSG Frederick had no psychological pathology. This was testified to at his guilty plea by the psychologist. This demonstrated that SSG Frederick was not, as some had characterized him, a sadist or morally banIcrupt. His entire history confirmed that diagnosis. He had over 18 years of service with no disciplinary actions. His civilian job as a prison guard showed only favorable ratings with no indication of untoward conduct. This too was testified to at the guilty plea.
WW-LI,N0k)-1
the world's foremost authority on prison abuse, testified at the guilty plea that persons who are placed in control of prisoners without strong supervision devolve into misconduct of the kind evidence by SSG Frederick. The Army utilizeilliMplwork
2
018076
4 1 1 2 9
muu-cc-CUU0 flUN

FM F.WA LAW CENTER
FAX NO. PO73536501
P. 03
APVR-WJA-TDS SUBJECT: Request for Clemency in the Matter of United States v. SSG Ivan Frederick
to train soldiers to this day. It was clearly demonstrated that leadership was absent at Abu Ghraib during this period of time.
c. SSG Frederick was a well liked, respected and contributing member of society as is demonstrated by the character testimony and written submissions at his guilty plea. This conduct for which he pleaded guilty was a total aberration from SSG Frederick's normative behavior. Fie accepted responsibility for the conduct and has followed a path of redemption since that acceptance.

Conclusion
9.
SSG Frederick faced a maximum sentence of 11 years of confinement at hardlabor b4sed upon the pretrial agreement that was entered in with the government. The military judge sentenced SSG Frederick 10 years. The pretrial agreement limited confinement to 8 years. At the time it was difficult to separate the political implications of the case from the legitimate ends of the ciiminal justice system. I believe the military judge was unable to compartmentalize the two competing interests. I believe the sentence was facially excessive. I further believe that the failure to move the Frederick trial out of Iraq and the convening authority's unwillingness to do so was legal error and dramatically prejudiced the right to a fair trial by denying SSG Frederick live witnesses. By moving the subsequent trials to Fort Hood a mere two months after declaring that they would not be moved and atter the presidential elections suggests the politicization of the process.

10.
SSG Frederick has atoned for his transgressions atleast in part by providing full
cooperation to the government in every particular and he will continue to do so.

. 11. It is appropriate, I believe, to reduce his confinement at hard labor to four years under the totality of the above described circumsta.nces,
(46) -el) -7)
e se ounsel , JA Defense Counsel
3
018077
r) 0 4 / 2 9
muu-zz-alUb MUN Nb:Ul PM FP LAW CENTER

FAX NO. 9073536501

-

P. 04

DEPARTNIENT OF THE ARMY
uNrTE0 OtcrES ARMY LEOALS..ROVicgs Ad ENG),

S.01 NORTH MART S'ffieeT ARLIN07019. VA n2,03-14137 •
Reptot TO.
Ay:rgaiTiPta
4TALS-TCAP July 14, 2005

MEMORANDPM THAU 4taff Judge Advecetei III C,orpS and FOrt hend, 5sort
Hood, Teat 7654AL!i008

FOR Commander, III Corps and Fort Hood, Fort liood, Texs. 76544-500B

SUBJECT: Clemency Considerations for. Privat.e Ivan 1.J., rrederick

1. The undersigned were the Trial Countel for the courts-martial

arising out of the inoidents of detainee abuse at the.BeghdarICentral Confinement FAcility OCCF),..Abu Ghraib Iraq durifts the. fall cf 7;p03. Speclipally? we. were the trial counsel who prosecuted'Private covr) Frederiek during his court-martial-
?, When weighing whet-her the aceused should receive clemency, please consider the following facts concerning PVT Fzederick:
PVT. Frederick, eKhibiting-a 900d 44:41 of remorse.; came to the Tx.i41 Counsel „office last. summer on Victory Base, .1.raq -and stated that it was his. intericion Igo plead guilty;. thus, initiating pleanegotiationS.wich hiS Counsel;
FYT rrederit* hap, been very cooperative in his: dealingS. with

pOlite investigators proViding nuMerous statementS,

incIUding an. initial 139 page: :.si.terrierml detailing various acts.of

wrongdoing at AbU Phraib. ThiS informatien hap greatly assisted'the

ongoing investigation of miscondUct whiCh 'Occurred At the BC.CF in

.2007

O.. PVT FrederiCk has been .vory cooperative and forthcoming in his dealings: With *be Trial Countel as they prepared 4 Twiir of the caSet against hi'a co-,acousea; and
PVV Frederick has provided:important. testlIpny bn rhe Merits
-

case in UdS, v. Corpo2;a1 Charles Starter and 1LS. Soecialist Sabrina Harman, t t4
3. 'the point o this memorandum is Captei
11111111.111111at

C6,60)_2 ,b
MO, :OA CPT, JA
Trial Counsel Tgial Counsel

018073
20041 12 9

1 [The following contains a verbatim transcript of the interview of LTG

2 Metz conducted at 1230, 25 August 2004 in Mannheim, Germany, via
(W-07.

fca2

3 video teleconference. SFC., court reporter, was

4 detailed to the interview.]
(*)--2)(*)-Z-
5 Captain...III: Once again, just to let you know who's in

__ 0*-2T2t)-2_

OY0-1-;761f.

6 the room, we have Mr.1111111.1111111111. and Captain MOM they

0,6)-2;70-2-
7 represent Sergeant Frederick. Also present are Captain...Nand

8 Specialist Charles Graner, two investigators from the defense teams.

9 Captain who represents Specialist Megan Ambuhl, who is

agilialfht-2-;(b)(7462..
10 also present, and Captain who represents Sergeant Javal

11 Davis, and he is also present, as well as Captain who
()(6) 2 119) (7)CC)

12 represents Specialist Sabrina Harman, and Captain -, who

(6.-t1;0")2--e-y

13 is one of PFC Lynndie England's attorneys. going to

14 start off asking questions, sir, and I'll turn it over to

15 Q: Mr. (44) -441(6)7 -C 5e
-

16 A: LTG Metz
17 Q• General, here, and I want to thank you for your 4 4
18 patience, and because we have little time, I'd like to cut to the

t4

19 chase. Could you define for me what operatiOnal imperatives are i

20 suggested to you which would require trials to remain in Iraq?

018079
1
1 A. The operational imperative for the trials to remain in Iraq
2 seem to me centered around the best location to assemble the accused,
3 the witnesses, the experts, esand therefore ; feel like it's the best
4 place to conduct this trial.
5 Q. Areyou awa*, sir, that virtually no witnesses remain in

6 Iraq?

7 A. Yes, I do realize that they've all--mainly at your location
8 in Germany right now.
9 Q. Do you realize that they're also in the United States?

10 A.

I understand thatoSpecialist England is in the United
11 States.
12 Q.

Referring to witnesses, General. That's correct on
13 England, but with respect to witnesses, are you aware that multiple
14 witnesses are also in the United States?
15 A. Yes, T did realile that there are witnesses in the United

16 States.
17 Q.

You are also aware, are you not, that non-military
18

witnesses have to sign a hold harmless document because of the
19 threatening nature of travel in entry and exiting Iraq?
20 A.

I am aware that such a document needs to be signed for
21 their travel to Iraq.

2

018030
DOD-041259
1 Q. And are you also aware that many of these witnesses are
2 Reservists who have given faithful time to their country and have
3 been returned to the United States and would have to be asked to
4 return to a combat zone for the mere purpose of being a witness given
5 your rationale?
6 A. I did realize that there were Reservists that must come
7 back on active duty and return to a combat zone, but feel like it's
8 the proper place to conduct this trial.
9 Q. Do you believe it is appropriate to require civilians to

10 risk their lives in order to be witnesses in this trial by your
11 decision to keep it in Iraq?
12 A. I do believe that it is appropriate given the number of
13 civilians who operate in this area of responsibility and the risk
14 that they undergo that this is no different to them and therefore it
15 seems to me appropriate.
16 Q. Let me examine that with you for a moment. The civilians
17 you're talking about, I believe, are either government employees and
18 are there for economic gain. How can you possibly compare them to
19 individuals who are seeking to testify and to do justice?

3 018081

1 A. Well, I wasn't looking towards any equation. My judgment
2 was made on the individual threat to that particular person, and I
3 wasn't judging it as an economic factor in there.
4 Q. Well, these civilians would like to come testify at trial
5 and are doing so in the interests of justice. Why would you impose
6 upon them fear of death in order to accomplish that?
7 A. Well, because I do not see the probability of death that
8 high, and therefore, overriding the feelings that I have that this is
9 the right place to conduct the trial.

10 Q. You recognize, as well, that there are active duty
11 personnel who have served their country in Iraq and have rotated out
12 of Iraq. Do you believe it is appropriate to return them to a combat
13 zone on multiple locations for the sole purpose of conducting this
14 trial?
15 A. Actually, I do.
16 Q. And why, sir?
17 A. It's their duty to perform the requirements that we need to
18 seek justice, and again, I do not see the risk as that great to them
19 as an individual and the environments to move through coming in and
20 out of Iraq.

4 018082

1 more to do with geopolitical thinking, vis-a-vis, the perception of
2 the Iraqi people, and/or the perception of the Arab world? Isn't
3 that correct, sir?
4 A. No, sir, arrived here on the 21st of January and did a
5 change of authority with the Fifth Corps on the 1st day of February
6 and become the Deputy Commander of CJTF-7, and during that process, I
7 have developed the belief that this is the right place to conduct
8 this trial and I have not been involved in the geopolitical aspects
9 of that part of your discussion. So that is not part of my decision-

10 making process.
11 Q. General Kimmitt a few days ago talked to us and was quite
12 adamant in his view that these trials had to be held in Iraq for
13 political reasons, namely to allow the Iraqi citizens to see a
14 transparent system of justice and to give the Arab world the sense
15 that our justice system meted out punishment when it was necessary.
16 Are you telling me that that is not a consideration that you have in
17 rendering a decision to keep this trial in Iraq?
18 A. Certainly, it is a consideration, and obviously, General
19 Kimmitt whose business is or was the strategic communications for the
20 command, but it is not a dominant reason in my mind. It does have

6 018084

1 the effect that General Kimmitt mentioned, but it is not the central 2 theme by which I make the decision. 3 Q . Well, if it is a consideration then, could you explain to 4 me why Kuwait would not be an appropriate place to have this trial, 5 given the fact that the danger to all parties concerned is greatly 6 reduced and the ability to produce witnesses is greatly enhanced? 7 A. I think the degree in which the parameters change may not
be as great as you indicate, given the proximity of Kuwait and the

9 terrorists' capability to move throughout this region and impact 10 those things that they would want to impact, so there would still be, 11 in my mind, a probability, albeit smaller than the probability here, 12 but in both cases, a very small probability, and I don't see the 13 additional advantage to go into Kuwait. 14 Q. Well, there's a small probability everywhere of a terrorist 15 attack, as we all well know. But could you please explain to me, 16 sir, and I don't mean to be sophomoric with you. I'm trying to 17 understand how it is possible that you or anyone else could conclude 18 that causing people to face potential death irrespective of what the 19 deminimus probability is in your mind, how that can possibly serve 20 the interests of American justice when it is so easy to move this 21 trial as you've done in the England case.
7 018085
1 A. I'm not sure that I have--I obviously have not articulated
2 well enough the reasons that I feel we should stay. But it's my
3 feeling as the commander that the location in which the crimes were
4 committed, the manner in which they were committed, we have certainly
5 the wherewithal to conduct them in a fully prudent and safe way. It
6 is my feeling this is the best place that I should recommend and I
7 should hold my position that the trials should be here.
8 Q. With whom have you had discussions about the location of
9 the trial?

10 A. I have discussed it with my Staff Judge Advocate, and that
11 was an early on opinion and decision, and this is when the--if I
12 recall correctly, the first major discussion I have had outside of
13 SJA about this issue.
14 Q. And you're telling us that the political considerations,
15 and you're not under oath, but you are a gentleman and an officer,
16 you're telling us that the political considerations played a very
17 small part in your decision to keep this trial in Iraq,
18 notwithstanding all of the imperatives to get it out of there.
19 A. The first time I made the decision, it played a very small
20 part, and that part may have--because of all the discussion and the
21 things that you obviously pick up in the normal discussion and the

8 018086
1 normal media, but really that increased influence has not been a
2 major factor in my mind to change my opinion, your categorization of
3 the political slice of this decision.
4 Q. What changes have you made in the treatment of prisoners
5 since you have arrived on the scene?
6 A. Well, when I arrived, again, the 21st of January, this is
7 what we call a left and right seat ride with my counterpart, General
8 Wodjakowski, whom I was to replace, and then I did so on the 1st of
9 February. As I understood it, to come in at that stage, many of the

10 changes were under way, especially the living conditions of the
11 detainees at Abu Ghraib, the processing by which they came in, the
12 medical checks, the inprocessing of data, the living conditions that
13 they were put i Many of those things were ongoing, and I don't
14 recall the exact date, but there was a day probably in the first
15 couple of weeks of February that I visited and then revisited Abu
16 Ghraib probably late February, early March on my second visit to see
17 those continued improvements. I'm not sure that I've answered your
18 question directly, but....
19 Q. Let me ask you a few specific questions and then I will
20 turn the mike over to somebody else. Did you, upon hearing of ghost
21 detainees, eliminate that process?

9

018087
1 A. I'm sorry, sir, I didn't understand the...ghost detainees,
2 is that the correct word?
3 Q. That's a phrase that's been employed uniquely to Abu Ghraib
4 and it applies to individuals who were brought there by CIA or other
5 government agencies, and these detainees were not ascribed an
6 identification number as is required by the Geneva Convention. It
7 was a practice at Abu Ghraib. Is it your testimony you're not aware
8 of that?
9 A. Sir, I'm not aware of that. The first I was made aware of

10 that was Lieutenant General Casey, who got here the first part of
11 July. It's been since his arrival that I was first aware of that
12 issue.
13 Q. And you've eliminated that practice?
14 A. To my knowledge, that practice was never employed by CJTF-7
15 or the Multinational Force or the Multinational Corps, and I know so
16 little about it and I have a hard time saying much more. I'm not
17 aware of that practice, and to my knowledge, it was not employed by
18 this headquarters, the Corps headquarters, General Casey's
19 Multinational Force headquarters. And in my experience over the 4
20 months as the Deputy CJTF-7 commander, I don't know anything about a
21 ghost detainee practice.

10 018088

1 Q. Were you aware and did you change the policy on nudity?
2 A. I was not aware of a policy, and I don't know that there
3 was a change because I just was not into the--upon arrival, one of
4 the things that was not on my scope was the policy that was already
5 in place at Abu Ghraib. And so, I'm not familiar with a nudity
6 policy either way.
7 Q. Is the running of Abu Ghraib under your command now?
8 A. No, the detainee operations was pulled out and separated
9 and is run by Deputy Commander, a Major General Geoff Miller handles

10 the detainee operations for the Multinational Force, Iraq.
11 Q. And when did that occur?
12 A. It occurred, I don't know the exact date, it was in the
13 springtime, and he deployed while we were still organized under CJTF-

14 7. General Sanchez made him a deputy for detainee ops, and we began
15 to task organize those assets, those formations under the CJTF that
16 related to detainee ops under General Miller close while I was still
17 the CJTF-7, a deputy commander for General Sanchez.

h.
tf-
18 MR. General, I want to thank you for taking the time with
19 me. I appreciate it very much, and we're going to turn it over to

e
(6)0-2.

20 someone else now, and Captain will take over.
21 LTG METZ: Yes, sir, thank you for your service.

11
018089
1 Captain 1111111111.: Sir, the next counsel is going to be Captain
2 MM. NV ; NO) f) -2-
3 4: Mr. 1111111.11111(b)(e2 -ti ;.) 0) .¦)'1
4 A : CPT WPM Lth) -2 I. (b)(*) -L _________---,
5 Q. Good afternoon, sir, my name is CaptainENIMMIM and I'm

6 the defense counsel for Sergeant Davis, who's sitting at my side
7 here, and thanks for your time today. I'll try not to take too long,
8 as we have limited time. So I'll cut right to the chase, sir. I'd
9 like to ask you first about any conversations you may have had with

10 General Sanchez about this case. I mean, have you had any? 11 A. No conversations with General Sanchez about this individual 12 case, your client or any of the others in this particular concern. 13 Q. So, I mean, you've never discussed it all, even the fact 14 that there was an investigation going on, anything of that nature at 15 all? 16 A. Well, there were in-progress reviews when I arrived, the 17 process of making changes at Abu Ghraib was already in place upon my 18 arrival. ;So, as it relates to me, a staff meeting, an in-progress 19 review, there would have been those kinds of conversations, but I do 20 not recall ever having a discussion with General Sanchez that was 21 solely devoted to my asking him a question or him giving me
12 018090
DOD-041269
1 information about Abu Ghraib. Whatever I needed to discuss with
2 General Sanchez was in the environment of in-progress review or a
3 staff meeting.
4 Q. If you could, sir, what do you mean by an in-progress
5 review then? Who would be giving that in-progress review, or who
6 would be present for it?
7 A. Well, for example, well, there would be the key staff
8 members, if I recall correctly, the Provost Marshal for the CJTF-7
9 was the principal staff officer under the C3 that reported detention

10 operations and status of different projects that were being improved
11 at Abu Ghraib and those kinds of things. So, it was a staff meeting
12 in the classical sense of a commander there with his principal staff
13 officers, Chief of Staff, and they were going over a particular
14 topic. In this case, the topic was detainee operations.

15 Q.
Sir, was Colonelellillpresent in any of these meetings? 16 A. At those meetings, it was before Colonel 1111111W (3/0 -2 17 deployment here, and so it was the previous Provost Marshal, and hisN(7)(c) -. 18 name escapes me for just a second"... think was the Colonel's 19 name that was the Provost Marshal when I first arrived, and they 20 redeployed in the early springtime when Colonel 11111111 arrived.
13 018091

1 But there were a set that were briefed there at--which probably were
2 a potential recommended set of conclusions and therefore findings and
3 recommendations to those findings.
4 Q. Do you remember if there were any recommendations to take
5 any kind of adverse action against any individuals anywhere in the
6 chain of command from top to bottom?
7 A. I do not recall that there was a specified task to do some
8 kind of adverse action during that particular outbrief.
9 Q. Did you ever hear General Sanchez express any opinion on

10 whether the people who were responsible for some of this misconduct
11 should have been held accountable in any way? Did you ever hear him
12 talk about it at all?
13 A. No, I did not. As I mentioned before, outside of these
14 kinds of meetings, staff meetings, I had very little discussion with
15 General Sanchez about this subject.
16 Q. And so you've never heard him express an opinion on what
17 should happen to the people responsible for the abuses at Abu Ghraib?
18 Is that what you're saying, sir?
19 A. That's correct. There was not a discussion between General
20 Sanchez and I or anyone in the chain of command about a particular
21 soldier or case and a particular justice or action at Abu take place.

15 018093
DOD-041272

1 A. At the start of that town hall meeting, it occurred in the
2 big foyer, I was in the nightly update. I remember that because on
3 one of the screens, I could see it on one of the news media, and I
4 thought how ironic it was that in the other room, the TV was going
5 all the way back to the States and back here. So, probably for
6 three-quarters to maybe more than that, I was in the tactical update
7 while that was going on. When I came out of it, I walked into that
8 town hall and stood for the rest of it in the back part of the crowd
9 as he finished up answering questions from the audience.

10 Q. So you're saying that you were present for roughly the last
11 quarter of that meeting. Is that about right, sir?
12 A. Yeah, it was mainly--he had finished, if I recall
13 correctly, he had finished--his presentation--to answer questions
14 from soldiers and the microphone would be passed among the soldiers
15 and they were asking him about different questions as I came out of
16 the Joint Operations Center having finished the commander's update
17 that evening.
18 Q. Sir, and after that meeting was over, at any point, whether
19 that day or any day afterward, did you ever get any kind of summary
20 of what went on at the meeting, of what was talked abOut? Did anyone
21 back brief you on how it went?

18 018096
1 A. I'm not sure which meeting we're talking about. The town
2 hall meeting?
3 Q. Yes, sir.
4 A. Or some other meeting?
5 Q. The town hall meeting, sir.
6 A. When the town hall meeting was over with, if I recall
7 correctly, it was close to his departure time, and I don't think I
8 saw him again after that and there wasn't any discussion about the
9 town hall meeting that I can recall.

10 Q. Did any of your staff talk about it later, maybe the PAO 11 representative or anyone else? 12 A. No, the only thing the staff talked about, the staff had to 13 work to get the PA system set up and make sure that the soldiers were 14 there and those kinds of things. I don't recall any substantive 15 discussion of what went on at the meeting, the town hall meeting 16 afterwards. It was just an event that came and went and we went back 17 to business. 18 Q. Okay, sir. Sir, since this whole thing started, have you 19 been required to give any kind of updates to any of your superiors on 20 what actions were being taken to address the Abu Ghraib scandal, if I 21 could call it that?
19 018097
1 A. No, and as the Deputy Commander of CJTF-7, I was doing a
2 set of tasks that were not related to the detainment or the
3 interrogation of the actions out at Abu Ghraib. And then, by the
4 time we split the headquarters and I became the Multinational Corps
5 commander, General Miller was on board as the Deputy Commander for
6 detainee ops, so I have, in my 7 months deployed here, been on the
7 margins, even at that, related to the detainee ops, and I guess
8 anything related to the Abu Ghraib functioning prior to my arrival.
9 Q. Sir, I guess I'll just ask you point blank. Have you ever

10 felt, whether explicitly or implicitly, that anyone superior to you
11 in the chain of command wants any particular result in these legal
12 cases? Have you ever felt any pressure to make sure any of these
13 people were court-martialed or punished or anything else?
14 A. No, I have not. I have limited conversations and have been
15 very alert to the fact that I needed, as the court-martial convening
16 authority to make these decisions and have not discussed with my
17 people in my current joint chain of command, being General Casey or
18 General Abizaid or the Secretary, anything about these. So I have
19 not discussed it with anyone higher.
20 Q. Now, sir, you may or may not be aware that some of the, I
21 guess, reports or investigations in this case may at least in theory

018098
20

1 or potentially implicate General Sanchez as having being derelict in
2 some fashion. Would you feel reluctant to take any action that may
3 reflect poorly on General Sanchez?
4 A. No, I'm the court-martial convening authority and the
5 investigations are concluded and information is available to my Staff
6 Judge Advocate. I'll make decisions based on that information. So,
7 we're working off of the facts of the case, and it would not be
8 reluctant if the facts of the case drove me to having to do a
9 negative or adverse action to someone like General Sanchez.

10 Q. Well, what I guess what I meant by it is, if you took, for
11 example, a favorable action to an accused based on mitigating
12 information that may indicate that someone above them, to include
13 General Sanchez, had been derelict or irresponsible in some way.
14 don't know if that makes sense.
15 A. Well, no, I think it does. I just feel like that I am in a
16 position that we must do the right things based on the evidence, and
17 I am not shy about doing the right thing regardless of General
18 Sanchez or any of the other senior officers or noncommissioned
19 officers or soldiers involved with this particular case.
20 Q. Okay, sir, now, sir, I'm at the tail end of the time that's
21 been allotted to me, but if I could, I'd like to ask you a quick

21

018099
(b)6-1V4)60r)-(1
1 question to clarify something Mr.11111111 asked you about. And I

2 apologize if this is beating a dead horse . But I guess what I'd like

(b) 0?)(5A1-1:
3 to ask, sir, is when you began talking to Mr.I111111 about the choice
4 of venue in this case, keeping it in Iraq, you said something about
5 Iraq being the best place to gather all the relevant witnesses and
6 accused. And I guess it wasn't clear to me why you felt that when
7 the large majority of potential witnesses are either in Germany or
8 CONUS. Do you think it's easier to bring everyone together in Iraq
9 than any other location?
10 A. I think, as we went through that discussion, I was thinking
11 more in terms of as this process began, and obviously today as we
12 move down the trail, people scattered in different places, but I
13 still have a thread of thought that, as a commander, this is the
14 right place to continue to bring the information back and work the

15 details of the justice, and that has just been a consistent theme
(t?)_______j_

6-17q10)0it) -`1

16 that I had in my mind. Obviously, Mr.4111111111 question and your
17 question, it is obvious that lots of people are concerned about it,
18 but I have marched through the time with the idea in my head that the
19 best thing for the justice is to conduct the trial here. So, I may
20 have been interpreted a little bit, but I just think it's the
21 continuity of thought of over time and it hasn't changed.

22 018100
1 Q. Okay, sir, and I'll ask one final question, and then I'll
2 turn it over to another counsel, and my question is this, would your

2

3 decision on venue be influenced if there were even ont civilian
4 witness with important relevant information who could not be
5 subpoenaed or forced to come to Iraq, if they were unwilling to come
6 voluntarily but they could be present at any other location, would
7 that influence your decision in how fair a trial any given accused
8 could get?
9 A. Well, in order to have a fair trial, that one witness, it

10 will obviously influence me. I guess it's one of those hypotheticals
11 that, I'm not going to say it's impossible, but I think I've got to
12 make those judgments as the counsel come to me and make a request.
13 So, you're looking for a "yes" or a "no" to a question that's got a
14 lot of variables to it.

-2.-
15 CP111111 Okay, so bottom line, sir, is--I'll cut it off, sir.

CbC.

.60L
16 Sir, I'm going to turn it over to Captain who represent0
17 Specialist Graner. Thank you for your time, sir.

.

18 Q: CPT.-21b)(7)(e)-2-
.

19 A: LTG Metz
.

20 Q. Good afternoon, sir. I'm Captain and to my left
21 is Specialist Charles Graner, along withd111.1111%I represent
$110-9) (b)(7X0-(If
23

018101
-
2
1 Specialist Graner in this case. Sir, do you get a daily PAO press
2 update briefing?
3 A. I do not get a daily PAO briefing. On several different
4 venues though, they do keep me up to date. I get a read book early
5 in the morning. A little bit later, I sit through a Multinational
6 Force battle update in which there is some reporting of public
7 affairs. And then in my own staff meetings, I've got a little piece
8 that's, public affairs is a subcomponent of information operations.
9 So, in a battle rhythm there will be information on slides, but I

10 don't have a stand alone public affairs briefing daily.
11 Q. Sir, do you personally follow the news, both international
12 and national on the Internet?
13 A. I do not. I may read an article that's suggested to me a
14 couple times a week. I generally check articles, the titles of
15 articles in 'the Early Bird I may be interested in. During doing PT
16 at night, I will generally watch one of the news channels on AFN, but
17 don't spend a lot of time. I just don't have a lot of time to spend
18 reading a whdde 16t of articles. So, if the description of my day or
19 the meetings is what you need, I think I've given that, but I may not
20 be answering your question that you're asking.

018102

24

1 Q. I got it, sir. Were you aware of President Bush's address
2 in the Rose Garden at the end of April related to Abu Ghraib?
3 A. I couldn't write an essay on it, and if you gave me a true,
4 false, I'd probably get it right because he probably did have--at the
5 Rose Garden, but I'm not familiar and certainly didn't watch a Rose
6 Garden presentation.
7 Q • Sir, are you aware or have you heard of any comments that
8 President Bush has made related to the Abu Ghraib case?
9 A. I know that he's made comments that it was unfortunate,

10 those kinds of words. But I don't recall if they were in a--what
11 context that was in. It may have been the 10 or 15 second clip on
12 whether the national news media teach me things that I may have seen.
13 But I do recall, probably on occasion, seeing the President and
14 mentioning how disappointed he was or some sentence like that.

15 Q • Sir, did you hear press coverage of Secretary Donald
16 Rumsfeld commenting on the Abu Ghraib case?
17 A. Often during the time I do PT at night, about 2100 local

18 will be early afternoon in the states, and often I'll watch a press
19 conference. I can't recall if I watched a press conference on that
20 particular subject. I do recall watching his testimony. It happened
21 to come on one of the nights I was doing PT, and I watched probably

25 018103

(4.eZ 2 -
1 Q. Sir, did you ever talk with Colonel IIIIIIIIIIIII about
2 Specialist Graner's case?
3 A. I did not talk with Colonel . He was General
4 Sanchez's Staff Judge Advocate. Th Corps has a different officer,
5 and so I didn't talk withal'.
6 Q. I assume, sir, that you talked with coloneld111111 about
7 this court-martial case. Is that correct? (4A4?-',k)-Z_
8 A. Yes, Colonel as my Staff Judge Advocate that I
9 deployed with from the 3d Corps, and since has redeployed and I now

10 have Colonel 11111kwho's my Staff Judge Advocate.

-
70 2
-
(6-6) 2

11 Q. Sir, what did Colonel allintell you about Specialist
12 Graner's case?
13 A. Well, as we went through the facts of the case, he outlined
14 the facts as he had gathered them as a Staff Judge Advocate would
15 outline that information for a commander. But I can't quote to you
16 what he said at that particular meeting.

17 Q. Sir, did you personally review the referral packet for
18 Specialist Graner? (b)(0 -2 - -2_
19 A. Yes, I reviewed that packet that Colone11.11.11brought in

20 to me.

28 018106
1 Q. Sir, do you remember reviewing the report of tlie Article 32
2 hearing investigating officer?
3 A. I did not read that report top toOoottom, but we got a
4 thorough briefing on it from Colonel (46) -2 7 7.(e) -2.
5 Q. Sir, do you remember how many witnesses testified at the
6 Article 32 hearing?
7 A. I do not remember how many witnesses-there were at the 32.
8 Q. Sir, what was your basis for referring Specialist Graner's
9 case to a general court-martial?

10 A. As a commander, looking at the severity of the charges
11 which my SJA believed were definable And could be proven by the
12 government. That judgment as a commander led me to that decision.
13 Q. Sir, were you aware that the defense requested over 30
14 witnesses for the Article 32 hearing?
15 A. I was not aware of an exact number. I was aware that there
16 were witnesses requested, yes.
17 Q. Were you aware that no live witnesses testified at the
18 Article 32 hearing?
19 A. I'm sorry, I didn't hear the first part of your question.
20 Q. Were you aware, sir, that no witnesses, live witnesses
21 offered testimony at the Article 32 hearing for Specialist Graner?

29 018107
1 A. I was not aware that there were no witnesses at the Article

2 32.
3 Q. Sir, were you aware that defense request to interview the
4 detainees, the alleged victims in this case *as denied at the time of
5 the Article 32 hearing?
6 A. I do recall the fact was brought to my attention.
7 Q. Are you aware that no victims testified at the Article 32
8 hearing?
9 A. Maybe I'm getting detainees and victims mixed up. Those

10 are two different questions?
11 Q. No, sir, that's what I meant was, are you aware that no
12 detainees testified at the Article 32 hearing for Specialist Graner?
13 A. Yes, I was made aware of that fact.
14 Q. And you still chose to go forward to a general court-
15 martial.
16 A. Yes, I made that decision.
17 Q. Would your decision been different had you been aware that
18 the defense witnesses, knowing that no live witnesses had been
19 produced for the Article 32 hearing?
20 A. I don't think so, given the depth of information that my
21 SJA and I discussed that day.

30 018108

1 best location. But I don't recall that it was General Kimmitt; it
2 could have been, but space was one of those factors.
3 Q. And do you recall General Kimmitt or someone else
4 advocating CPA Convention Center for extra space to accommodate the
5 news media?
6 A. Again, the news media was one of those criteria that we
7 were dealing with in making a decision, and because of this job, I
8 can make a pretty good assumption that he brought that up. So yes,
9 that was a piece of discussion of several discussions that we were

10 trying to figure out what's the best decision of where to hold the
11 trials.
12 Q. Sir, did you agree with that position that it was better to
13 have the trial at the Convention Center so as to facilitate more

14 press coverage or press coverage of the trial?
15 A. Although we didn't do a decision making matrix, it was one
16 of the parameters, but it was in my mind a very small and far from

17 overriding part that that was General Kimmitt's--it was one of his
18 concerns because that's the kind of business he was in, and he did
19 advocate the Convention Center from his point of view, and that was
20 one of the advantages that we could have--we were more skilled and

32

018110
1 better positioned to manage media from that location than other
2 courses of action that we were given.
3 Q. I'm sorry, sir, one final question. General Kimmitt
4 commented that the advantage of having the media cover these trials
5 was that the world, and in particular, the Iraqi people and those in
6 the Middle East would be able to see these trials, that that was
7 important for a degree of transparency, and the transparency in the
8 court-martial process would assist the American military position in
9 Iraq. Sir, number one, are you aware of that position being

10 advocated, and number two, do you agree with it?

11 A..
I'm a witness that that was his position. I don't totally
12 agree because I think in the information age now that that
13 information is--if you're going to move around considerably. But I
14 do recall General Kimmitt's position, and he articulated that at the
15 couple of meetings we had about making a deciSion on the location.
16 Captain Thank you, sir.
17 Q: CPT

. (6)(0-2, 70-z_
18 A:.

LTG Metz

if

19 Q. Good afternoon, sir, I'm Captain 1111111111.11.111.. I
20 represent Specialist Megan Ambuhl. Sir, what conversations have you
21 had with Colone1111111111111thout the charges in these cases?

(64)-/,h)(6)-i
33 018111

w;)-/, 6v,0-/

1 A. Colonel 1111111111is one of my MP brigade commanders. I see 2 him probably once a week, and most of them operational reasons. I 3 can't recall having a conversation withAlliblIP about this case at
4 all. 404 00e)--/ 5 Q. And sir, what was General Sanchez's reaction when these 6 cases broke publicly in the media?
A. I think General Sanchez always was aware that they would
8 break and when they broke, it was going to be unfortunate. So he was
9 his usual self, a pretty introverted--he had very little reaction. I

10 think I'm answering your question, but I'm not sure. 11 Q. I guess I'm just wondering what, you know, what he had said 12 to you, if it was anything like, "Oh, this is a shame that this 13 happened," or what he actually said to you, because you indicated 14 that there was some, at least, informal discussion about the cases 15 and about the allegations. And I'm wondering more specifically what 16 that was, sirt 17 Q. Again, I c4nit recall a particular sentence or paragraph 18 that we discussed at or around the time that the release was made. I 19 just recall that we were, as we went through--upon my arrival, there 20 were those inprogress reviews about improving the detainee 21 operations. He had notified Central Command and when the news media
34 018112
1 did break, it was one of thoae...you knew that it was, and it really
2 wasn't a big surprise, and there wasn't a whole lot of conversation
3 among us in the different forums that we interacte0 on.
4 Q. Sir, would you agree that the allegations that have come
5 forward are possibly one of the biggest military scandals in the past
6 10 years?
7 A. Well, yes, certainly, as my mind scrolls, it probably would
8 be in the top 10 in the past 10 years.
9 Q. And so with that knowledge, what discussions were had about

10 how these people were going to be held accountable for their actions? 11 A. Well, commanders in these situations understand that we owe 12 the soldiers and the Code of Justice of doing the right things, and 13 so there was little discussion, and hardly no discussion about what 14 ought to happen to an individual in these--there was discussions 15 about the impact that it have on the entire situation that we were 16 under. But we were very conservatively cautious about any other 17 discussions. 18 Q. Sir, why have there been no officers charged under the UCMJ 19 for their misconduct in this scandal? 20 A. Because in my opinion, that their particular actions were 21 not of the degree to which they should be charged. And as I look at
018113
35

1 the facts as they're presented to me, other mechanisms were used to 2 correct their involvement, albeit in most cases, very small, in the 3 particular incidents that occurred. 4 Q. Now, sir, you understand that under the UCMJ, both officers 5 and enlisted can be charged with something like dereliction of duty? 6 A. Yes, I do understand that. 7 Q. Why weren't any of your officers charged with dereliction 8 of duty, sir, either by court-martial charges or by Article 15, sir? 9 A. In most of the cases, we did not feel that their
10 dereliction, or that there was dereliction of duty in the sense that
11 it would be--that we could prove it in a court and it is my belief
12 that if you want to impose the Article 15 of the Uniform Code of
13 Military Justice that you need to be prepared to go to court in the
14 event that the soldier refuses that Article, which is his or her
15 right. And we did not feel that the court-martial was the
16 appropriate mechanism.
17 Q. Sir, you keep referring to "we," who is "we," sir?
18 A. Generally, my--when I say "we," it's my Staff Judge
19 Advocate and I because he is the staff officer that helps me as I
20 work my way through the thought processes and I use my experience and
21 judgment, but he is my technical staff support in these matters. So

36 018114

1 Q. Yes, sir, all of those things. Did you review them before
2 sending Specialist Ambuhl's case to a general court-martial?
3 A. Yes, I sit with my Staff Judge Advocate with a rather large
4 binder of documents, and we go through the different paragraphs as
5 they're highlighted and summarize and draw together all the facts of
6 a particular case. But I don't have each.of thoe cases and each one
7 of those pages committed to memory.

Q. ,
8 And with regard to that Article 32 report, sir, do you feel

9 that you would have relied heavily on the Article 32 officer's 10 findings and recommendations? 11 A. The Article 32 was certainly one of those key documents as 12 we work our way through the decision process. But it is one of the 13 inputs that we get as the commander. 14 Q. Well, sir, in Specialist Ambuhl's Article 32, the Article 15 32 investigator recommended dismissing two of the charges against 16 Specialist Ambuhl because there was not enough evidence. What 17 considerations did you make in overriding the recommendation of the 18 32 officer, sir? 19 A. I regret I cannot recall those particular two. I do recall 20 having the discussion, but I cannot recall those facts. And so, I
38 018116

1 Q. Sir, your command then, as convening authority, you'd be
2 willing to readdress the issue of location on a case-by-case basis,
3 sir?
4 A. Yes, because when it is brought in, I've got to go through
5 that information and make the decision.
6 Q. Sir, switching gears again, with regard to the offense of
7 dereliction of duty, the government, obviously, must prove that some
8 of these soldiers had certain duties. Do you understand, I guess,
9 starting with that principal, sir?

10 A. Yes, I think you....
11 Q. Sorry, sir, following on from that, for example, if one of
12 the duties was to stop photographs from being taken, do you think
13 it's fair that a soldier would be charged with dereliction by failing
14 to stop the photographs, but then also by maltreatment by failing to
15 stop the photographs? Do you think that's fair to charge a soldier
16 twice for basically the same offense, sir?
17 A. Well, again, you're posing a question to me with two facts,
18 but there may be others involved. We certainly--I mean, I hate to
19 give a black or white to a very fuzzy question. I mean, I may not be
20 understanding your question right.

018113

40

1 Q. I guess just based on the facts that I gave you, sir, do
2 you think that that's fair?
3 A. Well, I guess you've got to give them to me again so I
4 understand them better.
5 Q. If a soldier witnesses some kind of abuse and that soldier
6 takes photographs or watches somebody take photographs and they're
7 charged as dereliction of duty because they had a duty to stop that,
8 but then they are also charged with maltreatment because they had a
9 duty to stop that. Just kind of systemically, based on those facts,

10 does that seem fair to charge that soldier twice for the same
11 conduct? And I understand, sir, there's certainly, in every case,
12 different facts. But just with that limited scenario.
13 A. I understand now. And yes, with that particular list of
14 scenarios you just gave, it would seem that you were doubling up in a
15 catch22. I understand what you're saying.
16 Q. And you understand, I guess, that is, in fact, a catch22
17 for the soldier?
18 A. Well, again, with just those two parameters given to me, it
19 could be. But I would have to understand a whole lot more about the
20 full picture. But I understand your question and yes, there could .
21 be...catch22 is the best expression I've got about that overlap.

41 018119

1 Q. Yes, sir, thank you. Sir, you'd indicated that you took
2 kind of careful steps to avoid discussing this case or what should
3 happen in this case with others above you and below you. Is that

accurate, sir?
5 A. Yes, it is.
6 Q. What direction did General Sanchez give to you about what
7 you should or should not say about the case?
8 A. General Sanchez did not give me any guidance. Again, I
9 came into theater late in January. We had the change of authority on

10 the 1st of February, so I took the duties of a Deputy CJTF Commander
11 1 February. Based on my experience, I had a very good idea that we
12 were going to be going through the future at some very difficult
13 times and I needed to ensure that I can sit here today and know that
14 I had not discussed with my higher headquarters or my higher
15 commanders and keep myself isolated so that I could make decisions
16 based on my experience and the input of my staff and not others. So,
17 I have gone out of my way to try to stay isolated.
18 Q. Sir, my last question, I'm assuming that you've seen some
19 of the photographs in this case, either in the case file or in the

20 media. And if I can ask you to direct your attention, just in your
21 memory, to a photograph of naked detainees who are in a pyramid and

42 018120
1 there were two soldiers standing behind that pyramid. Generally, do
2 you recall that photo, sir?
3 A. Yes, I do.
4 Q. And now that I've drawn your attention to that, more
5 specifically, you do recall that the female soldier in the back was,
6 in fact, Specialist Ambuhl, right, sir?
7 Captain1111111,111 General Metz, I mean, no, you don't have to

0,* -2-CO -2-

8 answer that General Metz. Captain
9 Q. I'm sorry, sir, because I can follow up in writing. I just
10 wanted to recall if you knew who that soldier was behind there.

M-Z--f)(.7 -2-

11 Captain General Metz, don't worry about that. If
12 you want to have him answer that, go back to the judge and get an

MO Zte)-Z

13 order. We're not playing games here. Captain let's go.
14 (The session broke at 1348 and started again at 1402, 25 August

15 2004.]
16 Q: CPT.(g6_,J ig_9.0) "2.-
17 A:.LTG Metz
18 Q. Good afternoon, General. This is Captain

19 and I'm representing Specialist Sabrina Harman, sir. Thank you for
20 spending time with us. Sir, I'd just like to follow up on some of
21 the questions the other attorneys asked you.

43 018121
1 You said that when you took over command, that changes were 2 already in progress for the inmates at Abu Ghraib, sir. Were changes 3 being in place for the soldiers' conditions, sir? 4 A. Yes, we had recognized, I think my predecessors had 5 recognized the life support systems were below standard and needed to 6 be improved. And if I recall, the improvements in the dining 7 facility, the PX, those kind of things were made, but that is in 8 recognizing it was in progress either as a itaff action or physically 9 actually building and making changes.
10 [Video feed was lost, and restored.] 11 Q. Sir; you agreed that this case was probably one of the top 12 10 scandals in the military in the last 10 years, sir. Despite that, 13 you're saying that you have not had any discussions with your higher 14 chain of command regarding this case, sir, at length or even a 15 little? 16 A. Certainly there4are environments in which the topic is 17 brought up. But I knew from early on in the process that I would 18 need to work very hard to be able to be the court-mattial convening 19 authority and use my judgment. And so, we did not engage in pointed 20 long discussions on the subject. So, you can't be a Deputy Commander 21 of an outfit and not be in a staff meeting when the subject comes up.
44 018122
1 But I did not have counseling about or discuss with anybody in my
2 higher chain of command these cases.

Q. Sir, how often would you say the subject was brought up and

4 with whom?
5 A. Probably we would have a...the subject would come as
6 a...when I subject the subject, detainee ops or something about it
7 would come up at a staff meeting once a week. There may be a piece
8 of data that the commander was given. It's very hard to put a
9 quantifiable number of minutes per work and with whom. But there

10 were clearly staff actions focused on improving Abu Ghraib, improving
11 detainee ops, improving the way we were doing business. And there
12 was the event of soldiers and doing things that could have been in
13 violation of the Uniform Code of Military Justice, and that's where
14 we did not discuss those particular individual acts about individual
15 soldiers.
16 Q. Sir, would you say that----
17 A. And if you'll help me with the question, I'll try my best
18 to give you...no, go ahead.
19 Q. I'm sorry, sir. Sir, would you say that when soldiers
20 commit light crimes that they should be punished in a light manner?

018123

45

1 it be fair, in your mind, to charge Specialist Harman with a general

2 court-martial?

3 A. We're charging Specialist Harman based on the facts as I

4 got them, and I do not think--which I didn't have, of a different
5 case, a different situation, a decision by a different commander

6 without a whole lot of influence on the way I would go through the
decision making process and the facts that were brought to me.
8 Q. Sir, when your SJA came in before your referral for
9 Specialist Harman and you reviewed all the documents, the Article 32

10 and all the other documents in that case, sir, how much time would

11 you say you spent with your SJA regarding Specialist Harman's

12 referral?

13 A. Well, I would say it was probably anywhere from 20 to 30
14 minutes on that particular case as we went through it.
15 Q. And sir, do you recall that the IO's recommendation there
16 was to dismiss two of the charges for Specialist Harman?
17 A. I may have--that question was asked earlier, and I may have
18 confused--I do recall disagreeing with the IO, and I cannot

19 distinguish between the two in my mind right now. But I do know that
20 there have been charges that I have included that the ED did not

01 8125

47
DOD-041304
1 recommend, but I just don't have that granularity in my mind right
2 now.
3 Q. Sir, do you recall that in Specialist Harman's Article 32,
4 the 10 recommended that this not go to general court-martial, that it
5 goes to a lower court-martial or a lower form of punishment? Do you
6 recall that, sir?
7 A. I do not recall that.
8 Q. Do you recall whether you took that into consideration
9 before you referred this to a general court-martial, sir?

10 A. I can't sit here--I may have had the data at the time.
11 Right now, I can't recall that particular piece of detail.
12 Q. And sir, at this time, you don't recall particularly what
13 documents you reviewed with your SJA in order to have you decide to
14 refer Specialist Harman to a general court-martial, sir?
15 A. As we go through the binder, I apologize to you, but I just
16 don't memorize--I tape record the information as it's presented to me
17 and I look through it. When you say a particular document, there are
18 any number of documents in the binder.
19 Q. Sir, would further review of these documents, perhaps, in
20 any way influence you to change your mind about referral to a general
21 court-martial for Specialist Harman?

48 018126

1 A. I think I went through a decision making process at the 2 time that I was comfortable with and am still comfortable with. 3 Q. Sir, in view of the other reports that are coming out, the 4 Fay report, the Schlessinger report, the Church report, does that, in 5 any way, influence your decision? For example, we got a report out a 6 couple of days ago saying that, in fact, officers certainly should 7 have been...that the leadership was to blame, that the leadership was 8 to blame, sir. Does that in any way impact your decision about 9 referring Specialist Harman to a general court-martial?
10 A. No, all those were after my decision making process, and
11 they do not impact that previous decision.
12 Q. Sir, so you're saying that despite the new reports and
13 investigations that are being put out, that's not going to change
14 your mind in any way?
15 A. Right now, that's what I'm saying.
16 Q. So if, in fact, these new reports and investigations came
17 out with new details, that would not influence you in any way, sir?
18 A. Well, if I'm given a motion to go take that information and
19 bring it back to my decision making process, I would certainly honor
20 that request to do so and go through the process. I don't know what
21 the results of that decision process would be, because I'm not

49 018127
1 available to the facts right now, and I have not taken the time to
2 read all these additional investigations.
3 Q. Sir, so you would, sir, welcome perhaps a motion to you to
4 have you consider the new investigation reports that are coming out
5 now, sir? Would you be open to that, sir?
6 A. I would be open to...if new information impacts the justice
7 of a soldier, I am open for that information.
8 7' CPT MOM Thank you, sir.

))6-247)

CaptainINIMP: Sir, we have one last attorney. This is
)ta

10 aptai . He represents PFC Lynndie England who is
11 currently over at Fort Bragg. He only has a very few questions as it
12 pertains to you since you're not the convening authority in that
13 case, but he does have a few questions that go to some of the facts.

14 4: CPT1110111
15 A:.

LTG Metz

16 Q. Sir, can you tell me a little bit about why or what
17 conversations you had with the those in the 16th MP Brigade chain of
18 command with respect to Private England, particularly about the
19 decision to send her back to Fort Bragg?
20 A. One of the main considerations there was her pregnancy, and
21 we felt that that was the right thing to do and was the

50 018128
DOD-041307

1 outcome for a charge. But I'm not so sure that's the question you're
2 asking.
3 Q. I'll move on, sir, not exactly, but it was in a slightly
4 different context. But you listed factors earlier in your decision
5 to keep the trials in Iraq, particularly witnesses, experts, and so
6 on, the accused. Leaving aside the witnesses issue, what experts you
7 believed were going to be relevant to those trials would be in Iraq
8 at that time or would be utilized in the trial?
9 A. Well, we certainly have those officers and soldiers that

10 are in that environment and have watched that environment since we've
11 been here. So I'm not so sure I got the question yet.
12 Q. Sir, you said there were a number of factors that you said
13 went into your decision to keep the trials in Iraq, and you said one
14 of those factors was witnesses, one of those factors was experts and
15 one of those factors was the accused. Now, leaving aside the one
16 factor dealing with witnesses, what did you mean by experts at the
17 trial with respect to a factor in your decision to keep these trials
18 in Iraq?
19 A. I think when I used that term I was thinking of those
20 leaders, people involved in the process, either the detention or

52 018130

1 integration or chain of command and those kind of people that have
2 the knowledge of these events and the environment around them.
3 Q. So it would be fair to say we're just talking about a
4 particular type of witness per se, not necessarily an expert in a
5 legal sense?
6 A. Yes, because I think that legal experts may not be
7 particular here, but they have a technical legal expertise at a
8 distant location
9 Q. And going back to the 16th MP Brigade chain of command, did

10 you speak with Colone1111111111 at all about Private England, sir?

W09)-1./03)0)e)-/ .

11 A. I do not recall ever talking to 11111111,about England
12 since all this began since he deployed here. I don't recall any
13 discussion with him.
14 Q. Sir, who in particular do you remember speaking with about
15 PFC England?
16 A. The Staff Judge Advocate for sure, and outside of that
17 discussion, I can't recall singling out England as a discussion point
18 with anyone else. I may have, and I'm trying to think, I just can't
19 remember if the recommendation to send her back was done in writing
20 or if it came to me verbally from I could have talked with
-(5) 7(C)/

21 him about it, but I don't think so. I think all that was a written

53 018131
1 request if I recall correctly. So I don't think I talked about

2 England with anybody.

3 CPTIIIIII: Okay, sir, thank you very much.

4 Captain...Se: Sir, just one last question with 1111111,

6 7 LTG Metz: Thank you. Q: CPT gligg C6') -240C -2
8 A:.LTG Metz
9 Q. Hi, sir. I just wanted to ask you if you would be willing

10 to respond in writing lo any qttestions, any follow up questions that
11 any of the Abu defense attorneys would subAlit to pu. I mean, we all
12 just got 20 minutes of peace, and you've given us a lot to think
13 about, and we would just like to know today if you would be willing
14 to field questions from us later on in writing.
15 A. I certainly would. I'll have to admit that the tactical
16 situation works over my shoulder here. It caught a little bit of my
17 attention today and I owe you the answers to the questions that you
18 would like for me to answer as the court-martial convening authority.
19 So sure, if you've got particular questions, please send them and I'd
20 like to respond to them.
21 cp...., Thank you, sir.

018132
54

04)-2,0W- z

1 Captain 11111.1111. Sir, thank you very much for your time. 2 That will be all. [The session dnded at 1424, 25 August 2004.] 4 S [END OF PAGE.]
;
55 018133

UNITEDLSTATES
v.L ) SERVICE OF THE RECORD OF
) TRIAL ON THE DEFENSE
Staff SerLt lvtan L. Fredeiick II,L) COUNSEL FOR 1105s

Headquarters And
Headquarters Company, 16th MP Bde )
(ABN), Fort Hood, Texas 76544

In accordance with R.C.M. 1105 and 1106, Manual for Court-Martial, 2002, a copy of the Post-Trial Recommendation and a copy of the Record of Trial in the case of U.S. v. FREDERICK are attached for your examination. If you have any rebuttal, comments, corrections or other matters you wish to be considered by the Convening Authority before he takes action, submit them in writing to the Staff Judge Advocate, Fort Hood, Texas, within 10 days of service.
L
filla—Agm(4)7e,(2)
SPC, USA Post-Trial Paralegal
SUAJ 05
CERTIFICATE OF SERVICE
I acknowledge receipt of a copy of the Post Trial Recommendation and a copy of the Record of Trial in the case of U.S. v. FREDERICK. I understand that I have an opportunity to rebut, correct, or challenge any matter I deem erroneous, inadequate or misleading, or to comment on any other matter, and that my comments will be appended to the Post Trial Recommendation. If I have matters that I wish the Convening Authority to consider, or matters in response to the Staff Judge Advocate's recommendation, such matters must be submitted within 10 days after the accused or I receive a copy of the Record of Trial or the accused and/or I receive the recommendation of the Staff Judge Advocate, whichever occurs later. Upon my request, the Convening Authority may extend this period, for good cause, for not more than an additional 20 days. If I am unable to complete this within 10 days, I will provide, within that time, a request for delay in submitting the Record of Trial to the Convening Authority for action. I also acknowledge that failure to provide any reply or request for delay within 10 days will normally be deemed a waiver of any error in the review.
a*.)2;(6_)z-ei
CPT,
Defense Counsel

018134
20o4 12 9
Page 1 of 1

1111.111111111111 SPC CORPS
From:
Sent: Wednesday, July 27, 2005 1:14 PM
To:
Subject: Re: US v. Frederick
Thank you. I have asked 1111111111to handle the procedural stuff on this 1105. I think he requested an extension. He is at Wainright in Alaska with military justice. Do you miolkhecking in with him. I am on my way to Korea tomorrow and will return on Wednesday of next week. I told=11 wanted to make a submission so we will need a further extension.
Many thanks for the heads up.
i(b) 70i -
1111111111111
USA
018135

7/27/2005 S 2 0 0
1 2 9
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION V, FORT WAINWRIGHT FIELD OFFICE
FORT WAINWRIGHT, ALASKA 99703

REPLY TO
ATTENTION OF:

APVR-WJA-TDS 28 June 2005
MEMORANDUM FOR StaffJudge Advocate, Corps and Fort Hood, Fort Hood, Texas 23651
*
SUBJECT: Request for Additional Time RCM 1105 Matters
0) (7*)-
1.
Civilian defense counse11111111.M/recently reported to me that he has been served with the staff judge advocate's reconunendation in the court-martial of U.S. v. SSG Ivan Frederick. Staff Sergeant Frederick is currently incarcerated at Fort Leavenworth, Kansas.

2.
lieferise reqtuests an additional twenty (20) days time to gather, confer with client and submit

RCM 1105 matters. 6)PiZ -0P-d02

3.
Point of contact for this request is the undersigned at MONOandel..at

GJO-51, &)Nc -
0)4)-2; Wird -2
CPT, JA Defense Counsel
018 13 6
A u 4.
2 9
L1
PRIVACY ACT STATEMENT
AUTHORITY: 42 U.S.C. 10606 et sec., Victim's Rights and Restitution Act of 1990; 18 U.S.C. 1501 et sec., Victim and WitnessProtection Act of 1982.
PRINCIPAL PURPOSES: To inform victims and witnesses of their post-trial rights; to determine whether the victim or witness of a crime elects to be notified of changes in the confinement status of a convicted criminal offender; and to record the election by the victim or witness of their desire to be notified about subsequent changes in inmate status.
ROUTINE USES: None.
DISCLOSURE: Voluntary; however, failure to provide identifying inforrnation will prevent the corrections facility from notifying victim or witness of change in a criminal offender's status.
-

SECTION I ADMINISTRATIVE INFORMATION
InstallationLVictory Base CityLBaghdad State Iraq APO AEL09342
Incident NumberL Organizational Identifier (ORI)
SECTION II — CERTIFICATION OF NO VICTIM OR WITNESS
(Complete this section only if there are no victims or witnesses who are entitled to notification under the Victim's Rights and Restitution Act of 1990, and DoD Instruction 1030.2.)
As a representative for the Government in the court-martial case of United Sates v. L ,
(Name of accused)(Last, first, middle initial)
, convened byL , (Social Security Number)L Court-martial convening order number, date, and issuing command)
.
v. .
I certify that this case does not involve a victim or witness entitled to receive information about the confinement status of the
defendant as required by the Victim's Rights and Restitution Act of 1990 (Public Law 101-647; 104 Stat. 4820).
(Signature of person certifying)L (Typed name (Last, first)
(Date) YYYYMMDD) -(Grade and title)

SECTION III — CERTIFICATION OF ADVICE TO VICTIM(S) AND WITNESS(ES)
(Complete this section when there are victims or witnesses entitled to notification.)
I certify that on this date I personally notified the victim(s) and witness(es) in the court-ma States v.
FREDERICK, Ivan L., II CZB Z 4) a
(Name of accused)(Last, first, middle initial) (Social Security Number)
Convenedby .CMCO number 1, HQ, III Corps, dated 14 Jan 04; as amended by CMCO number 3, same
HQ, dated 08 March 2004. ,

Court-martial convening order number, date, and issuing command)
whose sentence included confinement, of their right under the Victim's Rights and Restitution Act of 1990 (Public Law 101-647,
104 Stat. 4820), to receive information about the status of the inmate, to include length of sentence, anticipated earliest release
date, likely place of confinement, the possibility of transfer, and the right to receive notification of a new place of confinement. I
advised the possibility of parole or clemency with an explanation of these terrns. Additionally, I advised of the right to prior
notification of the inmate's parole hearings, release from confinement, escape and death. I advised that to receive notification of
the inmate's transfer, parole hearings, and release from confinement, the victim or witness must provide the infonnation required in
Section IV of this form. I advised all victims and witnesses that if they elect to terminate or reinitiate notifications, or if they change
their address listed ab v he u t contact the Military Service Central Repository liste •
Ck 4) -2;)7g.)1.--

/
(Signature of personL1 !rigL (Typed name (Last, first)
20041021 MAJ, Trial Counsel
(Date) YYYYMMDD)L (Grade and title)
_____ ___ . __ _ _
S EDITION IS B OLETE.L USAPA V1.00
018137 20) 4112o
k

SECTION IV -ELECTION TO BE NOTiFIED
The victim(s) and witness(es) listed below have elected the right to receive information about changes in the status of the inmate by initialing the "Yes" block. If the inmate is transferred, they understand that they will be notified of the address of the new confinement facility. They also understand that if they move or their telephone number changes, they must notify the confinement facility of the new address or telephone numbers in order to be notified.
LIST ALL VICTIMS AND WITNESSES INVOLVED IN THE CASE. (Indicate whether a victim or witness be entering "V° or W. in the appropri­ate column. Those who elect to be notified of inmate status changes should initial in the "Yes° column; otherwise initial the 'We column.)
NAME ADDRESS TELEPHONE NUMBER V OR NOTIFY
(Last, First, Middle Initial) (Street, Apartment No., City, State, ZIP Code) (Include Area Code) W
..
YES NO
1SG111.111. Cpterairisa =1111=11111 gliallila Min V W W X X X (kS
W X
W X
DrIINIMIMII 410111101.11111111 1111111.111.1 W W X X

Dr.
-
SECTION V DISTRIBUTION

ADDRESSES (Include 9-digit ZIP Code and telephone number.)
•VA1r,
X

MILITARY SERVICE CENTFtA REPOSITORY LOCAL CONFINEMENT FACILITY (name and addn3ss)
HODA, ODCS, G-3
ATTN: DAMO-ODL (Ms. Sylvia Mitchell)
400 Army Pentagon
Washington, DC 20310-0400
(703) 695-8872 / 9329
LAW ENFORCEMENT/SPECIAL INVESTIG/TION VICTIM/WITNESS andividol will twelve a copy with 41 other
victim/witness addresses blacked out)
DD FORM 2704 (BACK), MAR 1999
018133
4 1 1 2, 0
DOD-041317

CONFINEMENT ORDER
7. PERSON TO BE CONFINED 2. DATE (YYYYMMDD)
a. NAME (Last, First, Middle) S b. SSNAte) ..?,.$0..k.-,..2
FREDERICK, IVAN L. II 20041021
c. BRANCH OF SERVICE d. GRADE e. MILI ANIZATION (From):
HHC, 16th MP BDE (ABN),
US Army SSG/E6 III Corps, Victory Base, Iraq APO AE 09342

TYPE OF CONFINEMENT
, . 4 1
a.4
PRE-TRIAL ¦LNO . YES b. RESULT 9F NJP 'iv NO YES

c.
RESULT OF COURT MARTIAL: NO I YES t-

TYPE: SCM SPCM ^L¦1 GCM 1; VACATED SUSPENSION
4. OFFENSES/CHARGES OF UCMJ ARTICLES VIOLATED:
Art 81 (Conspiracy) X 2; Art 92 (Dereliction of Duty); Art 93. (Cruelty and Maltreatment) X'5; Art 128 (Assault) X 3;
Art 13,4 (Indecent Acts)
7

5. SENTENCE ADJUDGED: b. ADJUDGED DATE
(YYYYMMDD):
To be confined for eight (8) years; to be reduced to the grade of Private (E-1); to forfeit all pay and
allowances; and to be discharged from the service with a dishonorable discharge. 20041021
6.
IF THE SENTENCE IS DEFERRED, THE DATE DEFERMENT IS TERMINATED: N/A

7.
PERSON DIRECTING CONFINEMENT-

8.
TYPED NAME, GRADE AND TITLE: b. SIGNA URE c. DATE d. TIME

(YYYYMMDD)
r CPT, JA 20041021 /75 2.
8.a. N F LEGAL RETIEW AND APPRO c. DATE
(YYYYMMDD)
)S MAJ, JA, Trial Counsel
,
20041021
.

fallealli
MEDICAL CERTIFICATE
9a. The above named inmate was examined by me at LonLand found to beLFitLUnfit

(77me) (YYYYMMDD)
for confinement. I certify that from this exdmination the execution of the foregoing sentence to confinement willLwill not produce serious injury to the inmate's health.
b.
The following irregularities were noted during the examination (If none, so state): .SEE ATTACHED

c.
HIV Test administered on (YYYYMMDD):

d.
Pregnancy test administered on (YYYYMMDD): . N/A

10. EXAMINER
a. TYPED NAME, GFtADE, AND TITLE: b. SIGNATURE c. DATE d. TIME
*Medical exam / prescreening Is attached (YYYYMMDD)

RECEIPT FOR INMATE
11.a. THE INMATE NAMED ABOVE HAS BEEN RECEIVED FOR CONFINEMENT AT:
(Facility Name arid Location)
ON AND TIME:

(YYYYMMDD) . (Time)
b. PERSON RECEPTING FOR INMATE c. SIGNATURE: d. DATE e. TIME TYPED NAME, GFtADE AND TITLE: (YYYYMMDD)
DD FORM 2707, NOV 1999L
018139

L, 4 2 9

DD Form 2707, Confinement Order, con't., United States v. FREDERICK, Ivan L. II
a.
SM is not a suspected narcotics user.

b.
SM is not a suspected homosexual.

c.
SM is not pending elimination under the provisions of AR 635-200 or service component directive(s).

d.
SM does have required clothing.

e.
SM shall not be returned to unit in the event of hostilities.

(14.) Z ?Cc) - 2-

laMlb
TrialiCounsel
018140
20041129
DEPARTMENT OF THE ARMY REPORT OF RESULT OF TRIAL
For use of this fonn, see AR 27-10; the proponent agency is OTJAG
TO: Commander, Headquarters, III Corps, Victory Base, Iraq, APO AE 09342
1. Notification under R.C.M. 1101 and AR 27-10, paragraph 5-30 is hereby given in the case of the United States v.
Staff Sergeant Ivan L. Frederick II, 111111111. Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), APO AE 09342.L
(60Z -03)7&)-1-
2. Trial by General court-martial on 21 October 2004, at Baghdad, Iraq, convened by: CMCO Number 1, HQ, III Corps,
US Army, Victory Base, Iraq, dated 14 January 2004, as amended by CMCO Number 3, HQ, III Corps, US Army, Victory Base, Iraq, dated 08 March 2004.
3. Summary of offenses, pleas, and findings:
CHLART UCMJLSPECLBRIEF DESCRIPTION OF OFFENSES(S) L PLEA FINDING IL81L1LConspiracy to maltreat (on 25 OCT 03)L NGLNG 2LConspiracy to maltreat (on NOV 03) L G*LG IIL92LTheLDereliction of duty (20 OCT 03 -1 DEC 03)LGLG
?S
IIIL93L1LMaltreatment of detainee (8 NOV 04) MRE Box LG*LG 2LMaltreatment of detainee (8 NOV 04) pyramidL G*LG 3LMaltreatment of detainee (8 NOV 04) masturbateLG*LG 4LMaltreatment of detainee (8 NOV 04) sit onL GLG 5LMaltreatment of detainee (8 NOV 04) punchingLNGLNG
IVL128L1LAssault of detainee (8 NOV 04) jumping onL NG*LNG* 2LAssault of detainee (8 NOV 04) stomping on hands and feet LNGLNG 3LAssault to produce grievous bodily harm (8 NOV 04)LGLG*
IIL134LTheLIndecent Acts (on 8 NOV 04)L GLG
4. SENTENCE: (COLLTo be confined for ten (10) years; to be reduced to the grade of Private (E-1); to
forfeit all pay and allowanc s; and to be discharged from the service with a dishonorable discharge.
qoko,) -Z. ')L) (7.k) -Z--

5. Date sentence adjudged and effeetive date of any forfeiture or reduction in grade (YYYYMMDD): 20041021.
20041104.
(See UCMJ Articles 57-58b and R.C.M. 1101.) S
6. Contents of pretrial agreement concerning sentence, if any: Attached
* Annotates pleas on offer to plead guilty dated 12 July 2004
7.
Number of days of presentence confinement, if any: N/A.

8.
Number of days of judge-ordered administrative credit under Article 13, or for presentence confinement or restriction
found tantamount to confinement, if any: 20 Days.

9.
Total presentence confinement credit toward post-trial confinement: None.

10.
Name(s) andLompanion accused or co-accused if an :LCRUZ, Armin J.L•LT
DAVIS, Javal S.,L ER, Charles A. JrLSPC AMBUHL Megan M

I •I
allARMAN, Sabrina D.,LSPC SIVITS, Jeremy C.,L; PFC ENGLAND, Lynndie R.,
a &) —2) a.) 7e) -2_
11.
DNA processing IAW 10 U.S.C. § 1565 is (not) required.

12.
Conviction(s) do(es) require sex offender registration IAW 42 U.S.C. § 14071.

,,Lt,..-Li
CF:LUnit CommanderLSJALTDSL&*,..)SMJ Post-trial
Confinement FacilityL SPCMALCIDL-7g) 9LSupporting Finance Activity

MJ:LCOLIII (.b,) 2..;(07c2-DC:LMr.Land CPT 'L
(a6...) 0)NAVJ 2
TC:LMAJL CR:LSFC
NAMEL N
RANKL BRANCH OF SERVIC
MAJL JA

DA FORM 4430, SEP 2002 DA FORM 4430-R, MAY 87, IS OBSOLETE USAPA V1.00ES
018141
9
2 0 o 4
;

PRETRIAL ALLIED PAPERS .018142

DEPARTMENT OF THE ARMY
Headquarters, III Corps
Victory Base, Iraq
APO AE 09342-1400

L
MAY 5 2004
AFZF-CG
MEMORANDUM FOR Staff Judge Advocate
SUBJECT: Disposition of the Court-Martial Charges Preferred Against Staff Sergeant Ivan L. Frederick, 11.111111111 66,&) --Z_ / (W(7)) Z-
The recommendations of the Staff Judge Advocate are approved. The attached charges and their specifications are referred to a general court-martial convened by Court-Martial Convening Order Number 1, dated 14 January 2004, as amended by Court-Martial Convening Order Number 3, dated 8 March 2004.
101i110.1111111111#11V
THOMAS F. METZ Lieutenant General, USA Commanding
018143

AFZF-JA-MJ
MEMORANDUM FOR Commander, III Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Advice on Disposition of the Court-Martial Charges Preferred Against
Staff Sergeant Ivan L. Frederick, II —ACTION MEMORANDUM

Cpig?)-2-).- 2-
1. Purpose. To forward for disposition, in accordance with Rule for Court-Martial (RCM)
407, the court-martial charges against Staff Sergeant Ivan L. Frederick, II, Headquarters
and Headquarters Company, 16th MP Brigade (Airborne), Ill Corps, Victory Base, Iraq.

2. Recommendations.
a.
Chain of Command. As reflected on the attached court-martial charges transmittal
memoranda, the soldier's company and brigade commanders recommend referral of the
charges to a general court-martial.

b.
Article 32 Investigation: As reflected in the Investigating Officer's Report, the Article 32 Investigating Officer recommends referral of the charges to a general court-martial. The Investigating Officer recommended that the Specification of Charge VI be amended to read that the accused committed an indecent act by "influencing/instigating a group of detainees to begin masturbating, or attempting to masturbate, and setting the detainees in sexually provocative positions." The Specification currently reads that the accused watched detainees masturbating or attempting to masturbate.

c.
Staff Judge Advocate. I recommend you refer the attached charges and their specifications to a general court-martial, pursuant to RCM 601, and refer the case to trial by Court-Martial Convening Order Number 1, dated 14 January 2004, as amended by Court-Martial Convening Order Number 3, dated 8 March 2004.

3. Staff Judge Advocate Review. In accordance with RCM 406 and Article 34, Uniform Code of Military Justice (UCMJ), I have reviewed the attached charges and supporting documentation. It is my legal conclusion that:
a. The specifications allege offenses under the UCMJ;
b. The allegations of the offenses are warranted by the evidence indicated in the attached documentation; and
c. The court-martial will have jurisdiction over the accused and the offenses alleged.
4. POC is CPT Illlat DSN NEM (64)
-69 2--e)
(6A Z
Encls
1.
Charge Sheet COL, JA

2.
Transmittal Memoranda Staff Judge Advocate

3.
Article 32 Investigation Report

-
4. Allied Documents M ot y 2.00q-S
018144
CERTIFICATE

I HEREBY CERTIFY THAT I AM THE CURRENT CUSTODIAN OF THE PERSONNEL
(-46) z_ )e)-
RECORDS OF STAFF SERGEANT IVAN L. FREDERICK II, SSN SHHC
16TH MP BDE (ABN) VICTORY BASE, IRAQ APO AE 09342, AND THAT THE ATTACHED PERSONNEL QUALIFICATION RECORD & DA FORM 2-1 IS A TRUE AND ACCURATE COPY AS MAINTAINED, IN ACCORDANCE WITH REGULATION, IN THE SOLDIER'S RECORDS.
2
',)0J 2 7e)
2LT, AG Brigade Adjutant
018145
Oci3tiNc4'
AFZA-AP-COS
74e 64* MEMORANDUM FOR Commander, III Corps, Victory Base, Iraq APO AE 09342 SUBJECT: Transmittal of Court-Martial Charges - United States v. Staff Sergeant Ivan
L. Frederick II
1. I have reviewed the enclosed court-martial charges and Article 3 b lnve tigating Officer Report pertaining to Staff Sergeant Ivan L. Frederick II„ HHC, 16th MP BDE (ABN), Victory Base, Iraq APO AE 09342. S
-Z z
2. I recommend that the charges and specifications be referred to trial by
a.
Summary Court-Martial.

b.
Special Court-Martial.

c.
ecial Court-Martial (empowered to adjudge a Bad Conduct Discharge).

d. SGeneral Court-Martial.
(-4-6) - 0)-(7)0
Encls asS COL, MP Commanding

018146

AAA42441 Z eel
AFZA-AP-HHC
MEMORANDUM THRU Commander, 16th Military Police Brigade (Airborne), Victory Base, Iraq APO AE 09342 FOR Commander, Ill Corps, Camp Victory, Iraq APO AE 09342 SUBJECT: Transmittal of Court-Martial Charges — United States v. Staff Sergeant Ivan
L. Frederick II
1.
Pursuant to R.C.M. 401(c)(2) and 402(2), Manual for Court-Martial, United States (2002 Edition), forwarded herewith are the court-martial charges pertainhig to Staff Sergeant Ivan L. Frederick II, HC, 16th MP Bde (Abn), Victory Base, Iraq APO AE 09342. (4)-z - Z,

2.
Documentary evidence upon which the charges are based is enclosed.

3.
All material witnesses are expected to be available at the time of trial.

4.
There is no evidence of previous court-martial conviction(s).

5.
I recommend that the charges and specifications be referred to trial by

a.
Summary Court-Martial

b.
Special Court-Martial

c.
Special Court-Martial (ernpppered to adjudge a Bad Conduct Discharge)

d.
"c1-; General Court-Martial.

--(4), -5 6)(7.0-
Encls as ,M1
41111111 Commanding
018147

AFZA-AP-HHC 7 May 2004

MEMORANDUM FOR RECORD
SUBJECT: Service of Referral of Charges in the Case of United State v. Staff Sergeant Ivan L. Frederick II
1.
I hereby acknowledge that the charges against me were referred to General Court-Martial on 5 May 04. I further acknowledge receipt of said Charge Sheet, Continuation Page(s), and Court-Martial Convening Order(s).

2.
I understand that I should contact rnly Trial Defense Attorney as soon as possible to further discuss my case.

Velivot - i1/4916aCW IVAN L. FREDERICK II SSG, USA
ol UM. ozk
(date)
018148

AFZA-AP-HHC
MEMORANDUM FOR RECORD
SUBJECT: Service of Preferral of Charges in the case of United States v. Staff Sergeant Ivan L. Frederick II
1. I hereby acknowledge that the charges against me were read and preferred
on this Lday of tkprg... L, at ')a4fk Lhours. Further, I hereby acknowledge receipt of said charge sheet(s) and allied papers.
2. I further understand that I have an appointment at Trial Defense Services, ph: (302) 838-1100, trailer B12, Camp Victory, Iraq, at L
'$vcoN1144-0-6-1-AtitTc
IVAN L. FREDERICK II SSG, USA
u18149

The Article 32 investigation is contained as Appellate Exhibit VIII in the record of trial.
018150
DD Form 457, Investigating Officer's Report," pursuant to Article 32

HEADQUARTERS, 99TH REGIONAL SUPPORT COMMAND
99 SOLDIERS LANE
CORAOPOLIS, PENNSYLVANIA 15108-2550

21 February 2003

ORDERS M-052-0058

6-&)-2;(6)1(7g)-z
OW SSG

FREDERICK IVAN LOWELL II

COMBAT SUPPORT (WTEZAA)

HC 2 BOX 235

CUMBERLAND, MD 21502-5605

BUCKINGHAM, VA 23921-0000

You are ordered to Active Duty as a member of your Reserve Component unit for the
period indicated unless sooner released or unless extended. Proceed from your
current location in sufficient time to report by the date specified. You enter

active duty upon reporting to unit home station.

COMBAT SUPPORT (WTEZAA), 14418 MCMULLEN HWY SW,

Report to: 0372 MP CO
CUMBERLAND, MD 21502-5605 Report On: 24 February 2003
Report to: Fort Lee, Building P6008, Fort Lee, VA 23801 Report On: 27 February
2003

Period of active duty: 365 Days
Purpose: Mobilization for ENDURING FREEDOM

Mobilization category code: "V"
Additional instructions: 01, 02, 03, 04, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15,

16, 17

FOR ARMY USE
AUTHORITY: HQDA MSG 171644ZFEB03/DAMO-ODM/ORDTYP/MOBORD/HQDA ONE/OEF NO.322-03

Accounting classification:
2132010.0000 01-1100 P1W1C00 11**/12** VFRE F3203 5570 S99999
2132010.0000 01-1100 P2W2C00 11**/12** VFRE F3203 5570 S99999
2132020.0000 01-1100 P135198 21**/22**/25** VFRE F3203 5570 S99999

Sex: M

MDC: PM
PMOS/A0C/ASI/LIC: 95B30
HOR: BUCKINGHAM, VA
PEBD: 17 February 1984

DOR: 16 November 1998
Security clearance: SECRET
Comp: USAR
Format: 165

FOR THE COMMANDER:

*********** * ** * ********** * ** * ***********
OFFICIAL
99TH REGIONAL SUPPORT COMMAND
**************** ************************
JEROME P. BAUER
MPO
DISTRIBUTION: M1 PLUS MILI TARY PERSONNEL OFFICER
INDIVIDUAL CONCERNED (4)
FAMILY ASSISTANCE OFFICER (1)
MPR,7
FILE (ORIGINAL + 1)

018151

DEPARTMENT OF THE ARMY
HEADQUARTERS, 16" MILITARY POLICE BRIGADE (AIRBORNE)
CAMP VICTORY, IRAQ, APO AE 09342

REPLY TO
ATTENTION OF

ORDERS 72-2L 12 March 2004
-2; 7e41)
FREDERICK, IVAN L., SSG, 95B30,L372nd Military Police Company (WTEZAA), APO AE 09342
You are attached or released from attachment.
Attached to: HHC, 16th Military Police Brigade (Airborne) (WFP6AA) APO AE 09342 Reporting Date: 12 March 2004 Period: Indefinite Movement Designator Code: NZO3 Additional Instructions: You are attached for personnel service support to include Awards and Decorations, UCMJ, and all other forms of personnel and legal administration support. Format: 745

$1111111111111.
CPT, MP Brigade Adjutant
DISTRIBUTION:
CDR, 372nd MP CO (1)
CDR, HHC, 16th MP BDE (ABN) (1)
File (1)
Individual (3)

018152

REPORT TO SUSPEND FAVORABLE PERSONNEL ACTIONS (FLAG)
For use of this form, see AR 600-8-2; the proponent agency is MILPERCEN.
SECTION I -ADMINISTRATIVE DATA
1. NAME (Last, First, MI) 2. SSN (64) 2. -Zej - a 3. RANK
FREDERICK, IVAN L. E-6/SSG
4. 5. ETS/ESA/MRD
X On active duty Not on active duty On ADT
6. UNIT ASSIGNED AND ARMY MAJOR COMMAND
7. STATION (Geographical location)
372ND MP CO 372ND MP CO 99TH RRC ABU GHRAIB, IRAQ APO AE 09335
8. PSC LAGGING ACTION AND TELEPHONE NUMBER
MSG
CPL (-4-_} -2 ; (J 7(C) - 2-
9. THIS ACTION IS TO: X Initiate a flag I IS
Transfer a flag ISISRemove flag
(Sections II and V only) (Sections M and V only) (Sections IV and V only)
SECTION II -INITIATE A FLAG
10. 1,,,
IAI A FLAG IS INITIATED, EFFECTIVE 20040125SFOR THE FOLLOWING REASON:
NON-TRANSFERABLE

TRANSFERABLE IXI Adverse action (A) APFT failure (J) I IS
Elimination -field initiated (B) ISISWeight control program (K) I IS
Removal from selection list -field initiated (C) ,
Referred OER (D) 4
,
I IL
Security violation (E) .
ISISHODA use only -elimination or removal from selection list (F)
SECTION III -TRANSFER A FLAG

11.
A FLAG IS TRANSFERED FOR THE FOLLOWING REASON: ISISAdverse action -HQDA directed reassignment (G) APFT failure (J)
Adverse action -punishment phase (H) I I Weight control program (K) Supporting documents attached? I IS
Yes I IS
No SECTION IV -REMOVE A FLAG
12.
A FLAG IS REMOVED, EFFECTIVE FOR THE FOLLOWING REASON:
Case closed favorably (C) ISI Soldier transferred to a different Army component or discharged while case in process (destroy case file) (E)
I
Disciplinary action taken (D) Other final action (E)
SECTION V -AUTHENTICATION
DISTRIBUTION 1 -Unit Commander 1 -F&AO 1 - PSCS1 -Commander, gaining unit (transfer flag only)
D ORGANIZATION SIGNATURE DATE
Commanding
.....--;171.2,---7:41 e 2 7
N72ndSi nary o ice CLTom' pManPy
DA FORM 268, JUN 87 EDITION OF 1 JAN 80 IS OBSOLETE. USAPPC V2.00
Ot, -1 0)70 -/ 018153

CAUTION: NOT TO BE USED FOR THIS IS AN IMPORTANT RECORD.
ANY ALTERATIONS IN SHADED

IDENTIFICATION PURPOSES
SAFEGUARD IT.
AREAS RENDER FORIVI VOID
CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTU0,2_70-
2.DEPARTMENT,CONIPONENTANDBRANCH :- c
ARMY/USAR
I
5. DATE OF BIRTH (YYYYMMDD1 6. RESERVE OBLI ER M. DATE
1.9661003 Year 00001Month 00 Day 0
7.a PLACE OF ENTRY INTO ACTIVE DUTY 7.b HOME OF RECORD AT TIME OF ENTRY (City and state, or complete
address if known)

NEW KENSINGTON, PA BUCKINGHAM, VA 23921
8.a LAST DUTY ASSIGNMENT AND MAJOR COMMAND 8.b STAT/ON WI-IERE SEPARATED
307TH MILITARY POLICE COMPANY FC FORT DIX, NJ 08640-5089
9. COMMAND TO WHICH TRANSFERRED 10. SGLI COVERAGE None
IS
307TH MILITARY POLICE COMPANY (CS ) , NEW KENSINGTON, PA 15068 Amount: $ 250 , 00 0 . 00
11. PRIMARY SPECIALTY (List number, title and years and months in 12. RECORD OF SERVICE Year(s) Month(s) Day(s)
specially. List additional specialty numbers and titles involving
periods of one or more years.) a. Date entered AD This Period

95B30 00 MILITARY POLICE--6 YRS-8 MOS//12B30
b. Separation Date This Period
.404:•••""
00 COMBAT ENGINEER- -17 YRS-10 MOS/ /NOTHING
c. Net Active Service This Period
FOLLOWS
f. Foreign Service „
15.a MEMBER CONTRIBUTED TO POST-VIETNAM ERA Yes No 1 5.b HIGH SCHOOL GRADUATE OR Yes No 16. DAYS ACCRUED LEAVE PAID VETERAN'S EDUCATIONAL ASSISTANCE PROGRAM EQUIVALENT
X X .5
17. MEMBER WAS PROVIDED A COMPLETE DENTAL EXAM AND ALL APPROPRIATE DENTAL SERVICES AND TREATMENT WITHIN 90 DAYS PRIOR TO SEPARATION
Nc
I I I x I
Yes
/1-1?a,„ -c1/4.M?SPIA Cat
AND TIDX-RIZ VgGVX0...MAL TRD -MA%
BR*
Z.Ma -ENT 118011441 MENIUM1TAS ost
RLD' RAD
'' ........ .............-'''''' " .....................................

FIMA fi:MC:Va*01,1
—
""tfPgWATORAB:
....
.S
• • ..... .. ...
DEPARTMENT OF THE ARMY
HEADQUARTERS
16th MILITARY POLICE BRIGADE (AIRBORNE)
VICTORY BASE, IRAQ APO AE 09342

REPLY TO
ATTENTION OF:

AFZA-AP-JA 12 May 2004
MEMORANDUM FOR Commander, U.S. Army Human Resources Command,
ATTN: AHRC-ARE, 1 Reserve Way, St. Louis, Missouri 63132-5200
SUBJECT: Request for Certified Official Military Personnel File
1. Under the provisions of AR 600-8-104, paragraph 2-5, request 2 (two) certified copies of the Performance, Service and Restricted Fiche of the Official Military Personnel File (OMPF) of the following soldiers:
a.
SSG FREDERICK, Ivan L. II; SSN: HHC, 16th MP BDE (ABN), Iraq

b.
SGT DAVIS, Javal S.; SSN: 16th MP BDE (ABN), Iraq

(b.01) c. SPC GRANER, Charles A. Jr; HHC, 16th MP BDE (ABN), Iraq
(b, )%r
d.
SPC AMBUHL, Megan M.; SSN: HHC, 16th MP BDE (ABN), Iraq

e.
SPC HARMAN, Sabrina D.; SSN: HHC, 16th MP BDE (ABN), Iraq

f.
SPC SIVITS, Jeremy C.; SSN: 10111110HHC, 16th MP BDE (ABN), Iraq

g. PFC ENGLAND, Lynndie R.; SSN:1111111111111. HHC, 16th MP BDE (ABN)(REAR), FBNC
2. These soldiers are pending trial by court-martial; and the records requested will be used in presenting the Government's Case. Please forward (2) two certified copies of the complete OMPF to the following address:
16th MP BDE (ABN) ATTN: (46)-2} — a_ VICTORY BASE, IRAQ APO AE 09342
j -2) 7(c) -
3. The POC for this request is the undersigned at DNVT " .mil.

Illip 6 -1) Rci-a
SGT, USA Paralegal
018155
DEPARTMENT OF THE ARMY

U.S. ARMY HUMAN RESOURCES COMMAND

200 STOVALL STREET
ALEXANDRIA, VA 22332-0470

AHRC-PDZ-RC 13 OCT 2004
ORDERS A-10-410340

FREDERICK IVAN LOWELL II 7CC),Z.

6)C).

HC 2 BOX 235 =ZAA4111111111111/
BUCKINGHAM VA 23921

YOU ARE ORDERED TO ACTIVE DUTY IN THE GRADE OF RANK SHOWN ABOVE FOR THE PERIOD
SHOWN IN ACTIVE DUTY COMMITMENT BELOW. YOU WILL PROCEED FROM YOUR CURRENT
LOCATION IN TIME TO REPORT ON THE DATE SHOWN BELOW.

RPT TO: 16 MP BDE FWD WFP6A1 FT BRAGG NC 28310
REPORT DATE/TIME: 12 SEP 2004 BETWEEN 0800 AND 1700 HRS.
ASG TO: 16 MP BDE FWD WFP6A1 FT BRAGG NC 28310
DUTY AT: VICTORY BASE IRAQ APO AE 09342
ACTIVE DUTY COMMITMENT: 6 MONTHS END DATE: 09 MAR 2005
PURPOSE: UCMJ PROCESSING.

ADDITIONAL INSTRUCTIONS: RELIEVED FROM RESERVE COMPONENT ASSIGNMENT ON THE DAY
PRECEEDING EFFECTIVE DATE OF ORDER. INDIVIDUAL WILL BE RETAINED ON ACTIVE
DUTY IN HIS OR HER CURRENT GRAVE AND IS INCLUDED IN THE ACTIVE ARMY END
STRENGTH. ACCESSION INTO DJMS-AC WILL REFLECT A SVC COMP OF "R". SHIPMENT OF
HHG AND TRAVEL OF DEP NOT APPLICABLE. SPECIAL EXCEPTION NOT TO ISSUE A DD
FORM 214 TO SOLDIERS THAT ARE IN 123Q1, 12302 OR 12304 STATUS THAT REVERT TO

R.C.M. 202 STATUS. A DD 214 WILL BE 2SSUED UPON COMPLETION OF R.C.M. SERVICE.
ALL PREVIOUS ACTIVE DUTY SERVICE PRIOR TO R.C.M. STATUS WILL BE ACCOUNTED
FOR IN BLOCK 18 OF THE DD 214. EARLY RELEASE AUTHORIZED.

FOR ARMY USE: AUTHORITY: R.C.M. 202(C), AR 27-10 CH 21, AR 135-200 (7-4)
ACCT CLAS: NONE

MDC: 1AE4 HOR: SAME AS SNL PMOS/SSI: 31B3
SEX: M PPN: N/A COMP: USAR RES GR: SSG
DORRES: 16 NOV 1998 PEBD: 17 FEB 1984 SCTY CL: NONE

FORMAT: 460
BY ORDER OF THE SECRETARY OF THE ARMY '

**************

RODGER L. SHUTTLEWORTH

*

*
AHRC t CW5, AG

*
OFFICIAL * CHIEF, RC SPT SVC DIV

**************

DISTRIBUTION: 1 SOLDIER
1 16 MP BDE FWD FT BRAGG NC 28310

1 372 MP CO COMBAT SUP 14418 MCMULLEN HWY SW CUMBERLAND MD 21502 5605

018156