Court-Martial: Specialist Megan Ambuhl (Verbatum Record of Trial Included)

Court Martial Records of SPC Megan Ambuhl, who did not participate in abuse of detainees, but pled guilty to Dereliction of Duty for not reporting the activities of MP and MI personnel at Abu Ghraib Prison. She was sentenced to forfeiture of 1/2 months pay for one month and reduction to Private. The Court Martial found that "SPC Ambuhl's decion not to report alleged detainee abyse at Abu Ghraib BCCF clearly appears to be related to her lack of training as a corrections officer, a lack of understanding of proper procedures regarding treatment of detainees, and perceived influences from civilian and military intelligence agencies who she assumed had authority of the hard site."

Doc_type: 
Court-Martial
Doc_date: 
Wednesday, August 11, 2004
Doc_rel_date: 
Tuesday, April 5, 2005
Doc_text: 

REDACTED
COPY

0 02193
COURTP=MART1AL RECORD
• NAME
4.1
EGA
SSN:
ACTIONS COOED: - ASSIGNED. TO:
INITIAL JAN 13 2005 .

PANEL
ACCA.

EXAM. imA FINAL 1°‘er-A eleg-K
C.49Lte:7--COMP MON S
Sea
cAlcA
S P

RETURN: THIS ­FILE TO
OFFICE OF THE CLERK OF COURT
US:ARIVIY.JUDICIARY

• 901 NORTH- STUART
.

STREET„, SUITE 4200 ‘.. ARLINGTON VA
.22203-1&37

VOL
VOF Z:EC
VOL(S)-
ADMINISTRATIVE CHECK •
ARMY. 2 0 0 4 1 1 3 0
ItiriTIT'ir • c)
IALS-C FORM 24, i;OCTOBER2000
-•
C
JAN -I 5 002194
VOL I of III
VERBATIM' ORIGINAL COPY
RECORD OF TRIAL 2
(and ad cciiii-anying -papers)
OF
AMBUBL, Megan M.
(NAME: Last, First Middle Initial) EEC, 16th MP Bde (ABN) (Social Security Number) S ecialiet (Rank)
III Co s (unit/Command Name) IIS Army (Branch of Service) YiELEEIIIEELLEIg(Station or Ship)

BY
GENERAL
COURT—MARTIAL
CONVENED BY

COMMANDING. GENERAL
(Title of Convening Authority)
Headquarters, III Corps
(Unit/Command of Convening Authority)
TRIED AT

Victory BaSe, Ita

/Mannheim
ON
(Placeor Places of Trial) 11, 23 and 25 August 2004 (Date or Dates of Trial)
COMPANION CASES:
A1 5;;Lectisiocuipits
1
2 Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy forSee inside back cover for instructions as to preparation and arrangement. verbatim records of trial only.)
DD FORM 490, OCT 84
Previous editions are obsolete.
...... FRONT C91/712 1 9 5
2 0 0 4 1 1 3 0

CHRONOLOGY SHEET' -In the case of : U.S. v. Specialist Megan M. Ambuhl (Rank and Name of Accused)
Date of alleged commission of earliest offense tried: 23 October 2003 . (Enter Date) Date record forwarded to The Judge Advocate General: 2 .. (Enter Date)
IIIIIIallrCOL, JA, Staff Judge Advocate
b/L ,SA
(Signature and Rank of Staff Judge Advocate or Legal Officer)
' In a case forwarded to the Judge Advocate General, the staff judge advocate or legal officer is responsible for completion of the Chronology Sheet. Trial counsel should report any authorized deductions and reasons for any unusual delays of the case.
2 Or officer conducting review under Article 64(a) (MCM, 1984, RCM 1112)
2 In computing days between two dates, disregard first day and count last day. The actual number of days in each month will be counted.
4 Item 1 is not applicable when accused is not restrained, (See MVM, 1984, RCM 304) or when he/she is in confinement under a sentence or court-martial at time charges are preferred. Item 2 will be the zero date if item 1 is not applicable.
6 May not be applicable to trial by special court-martial
I Only this.item may be deducted
7
If no further action is required, items 1 through 8 will be completed and Chronology signed by such convening authority or his/her representative.
g When further action is requiid under Article 64 or service directives.
REMARKS .
Action Date Cumulative 2003 Elapsed • Days3
1.
Accused placed under restraint by military authority 4 •

2.
Charges preferred (date of affidavit) 13 Jul 04

3.
Article 32 investigation (date of report) 5

4.
Charges received by convening authority 13 Jul 04 0

5.
Charges referred for trial 21 Jul 04 8

6. Sentence or acquittal 25 Aug 04 43 Less days: Accused sick, in hospital or AWOL 0 Delay at request of defense 0
Total authorized deduction 6 0
7.
Net elapsed days to sentence or acquittal 43

8.
Record received by convening authority Action 7

9.
Record repeived by officer conducting review under Article 64(a)

Action 2
'
.
.. .
Investigation of the most serious charge was initiated on 15 Janpary 2004. The Accused was arraigned on 11 August 2004. Total of 209 days.
DD Form 490, OCT 84 Inside of Front Cover
2 0 0 4 1 1 3 0
002196
Liu -Torun ayV , Uur ti 4
Pitwous eations•dre obsolete.·
FRONT COVER
DOD 001155
1. OJAG NUMBER

COURT-MARTIAL DATA SHEET

2. NAME (Last, First, Middle InitiaD SOCIAL SECURITY 4. RANK
I 3. 5. UNIT/COMMAND NAME
AMBUHL, Mogen M. --SPC

HHC, 16th MP Bde (ABN),.

III Corps

.

I

INSTRUCTIONS

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 Officecompleted in all cases in which a finding or Judge Convening Authority
of The Judge Advocate General of the branch of
of guilty is returned.
Advocate. This column will be service concerned. This column will be disregardedcompleted in any!case in which the ,jf a record of trial was reviewed under Article 64,SPCMCA -Special CoulMartial record is forward' d by the commander ,.UCMJ, and in cases where there are no approvedConvening Authority Whiolis not exercising gener 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 Codein each special court-martial case by the concerned. If the record is reviewed of Military Justice (UCMJ) and the Manual forSPCMCA or his/her designated under Article 64(a), UCMJ, this Courts-Martial, United States (MCM), 1984.
representative.
column will be completed by the judge advocate accomplishing the review TC SPCMCA GCM or OJAG
SECTION A — PRETRIAL AND TRIAL PROCEDURE
.
JA YES NO YES NO YES NO YES NO
6. a. If a general court-martial: Was the accused represented in the Article 32
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,
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?

b.
Are court members named in the convening orders, detailed military
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
of court members (RCM 805))?

d.
Does the record show that after each session, adjournment, recess, or
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
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?

10.
a. Was the military judge properly certified (RCM 502(c))?

b.
Was the military judge properly detailed (RCM 503(b))?

c.
Was the military judge present during all open sessions of the court?

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
counsel might be excused (RCM 506(a))?

DD FORM 494, OCT 84, Page 1
Previous editions are obsolete.
002197
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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 government, in which case detailed counsel would serve as associate counsel or be excused with the accuseds 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 counsel 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 timeand 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.
Ifa 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 personnelof 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(0)?

b.
If so, did the accused waive such disqualification (RCM 912(f)(4) and

RCM 902(e))?
DD FORM 494, OCT 84, Page 2
TC SPCMCA GCM or OJAG
JA
YES NO YES NO YES NO YES NO

002198
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COURT—MARTIAL DATA SHEET

SECTION A — PRETRIAL AND TRIAL PROCEDURE TC SPCMCA GCM or JA OJAG
(CONTINUED) YES NO YES NO YES NO YES NO
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 peremptorychallenge?
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 challengewithdrew 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 uponhim/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), UCNIJ (RCM 920(e))?
28. a. If trial was by military judge alone, did the military judge announce thefindings (RCM 922)?
b. If the trial was with members, did the president announce the findings(RCM 922)?
c. If special findings were requested, were they made a part of the record?29. Were the findings in proper form (Al 0)?
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 properlyadmitted (RCM 1001(b)(2))?
c. Was the defense permitted to introduce evidence in extenuation and
mitigation after the court announced findings of guilty (RCM 100I(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 thesentence (RCM 1007)?

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

SECTION A — PRETRIAL AND TRIAL PROCEDURE (CONTINUED)
32.
Was the sentence in proper form (Al 1)?

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 furnished 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 commission 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 recordand signed (RCM 1107(f))?

44.
If appropriate, is a proper place of confinement designated (RCM1107(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(0(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 thesubmission 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,A19 & 20)?
TC SPCMCA GCM or OJAG
JA
YES NO YES NO YES NO YES NO

GCM or TC SPCMCA JA OJAG YES NO YES NO YES NO YES NO
002200

DD FORM 494, OCT 84, Page 4
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COURT—MARTIAL DATA SHEET

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

002201
DD FORM 494, OCT 84, Page 5
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COURT—MARTIAL DATA SHEET

55.
REMARKS (Continued):

56.
TRIAL COUNSEL

a. TYPED NAME (Last, First, Middle Initial) b. RANK c. S
d. DATE SIGNED
MAJ 7 fes-_ 6 4(
57. CONVENING AUTHORITY OR HIS/HER REPRESENTATIVE
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 REVIEWING JUDGE ADVOCATE
a. TYPED NAME (Last, First, Middle Initial) b. RANK
d. DATE SIGNED
COL
25 82c.o.1
59. ACTION IN THE OFFICE OF 1HE JUDGE ADVOCA
a. ACTION:
b. INDIVIDUAL COMPLETING DATA SHEET
(I) TYPED NAME (Last, First Middle Initial (2) RANK (3) SIGNATURE
(4) DATE SIGNED
DD FORM 494, OCT 84, Page 6 002202
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CORRECTED COPY
DEPARTMENT OF THE ARMY
• Headquarters, Ill Corps
Victory Base, Iraq
APO AE 09342-1400

GENERAL COURT-MARTIAL ORDER
5 December 2004
NUMBER 9
Specialist Megan M. Ambuhl : U.S. Army, Headquarters and Headquarters
Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq, was
arraigned at Victory Base, Iraq, on the following offenses at a general court-martial
convened by the Commander, ill Corps.

Charge I: Article 81. Plea: None Entered. Finding: None Entered.
Specification: At or near Baghdad Central Confinement Facili ,
about 23 October 2003 cons• ir- with Staff Ser• can Ser
Co •oral
Specialist
an nvate First Class to commit an o ense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy the said S ecialist Megan M. Ambuhl did participate in a photograph with Private First Clas
who
-tied a leash around the neck of a detainee and led the detainee down the corri or with the leash around his neck. Plea: None Entered. Finding: None Entered.
Charge II: Article 92. Plea: None Entered. Finding: None Entered.
-F •
Specification: In that Specialist Megan M. Ambcrhi, wno knew of her duties, at or near
Baghdad Central Correction Facility, Abu Ghraiti, 'rag, from on about 20 October
2003 to on or about 1 December 2003, was derelict in the perfontance of those duties
in that she willfully failed to protect Iraqi detainees from abuse, cruelty and
maltreatment. as it was her duty to do. Plea: None Entered. Finding: None Entered.

-Charge III: Article 93. Plea: None Entered. Findin: None Entered.
V V: 4•1
Specification: At or near Baghdad Centr alCcirrection Facility, Abu Ghraib, Iraq, on or

about 8 November 2003, did maltreat` severanragi detainees, 4ersons subject to her
orders, by watcliing naked detainees in a pyramid of human bodies. Plea: None
Entered. Finding: None Entered.

002203

GCMO No. 9, DA, Headquarters, Ill Corps, Victory Base, Iraq, APO AE 09342-1400,
dated 5 December 2004 (continued)
Charge IV: Article 134. Plea: None Entered. Findings: None Entered.
Specification: At or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or
about 8 Novem•r 2003, wron•full commit an indecent act with Iraqi detainees, Staff

Ser. can r
Co oral
S• ecialis
nd Private First Class
by observing a group of detainees masturbating, or attempting to masturbate,
w r e ey were located in a public corridor of the Baghdad Central Correction Facility,
with other soldiers who photographed or watched the detainees' actions. Plea: None
Entered. Findings: None Entered.
Additional Charge I: Article 81. Plea: None Entered. Finding: None Entered.
Specification: At or near Baghdad Central Confinement FaciliAbu Ghraib Ira on or
about 8 November 2003, conspired with Staff Sergean
t Corporal
Specialisms, Private First Class and others to commit an offense under the
Uniform ode o Military Justice, to wit: maltreatment' subordinates, and in order to
effect the object of the conspiracy, the 'said Corpora

d d place naked detaineeein ahuman pyramid. Plea: None Entered. Finding: None Entered.
Additional Charge
Article 93. Plea: None Entered. Finding: None Entered. 1 ,
Specification 1: At or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on
or about 8 November 2003, did maltreat several detainees, persons subject to her
orders, by watching naked detainees being forced to masturbate in front of other
detainees and soldiers. Plea: None Entered. Finding: None Entered.
Specification 2: At or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on
or about 23 October 2003, did maltreat several detainees, persons subject to her
orders, by articipating in a photograph with Private First Clas epicting Private
First Classinholding a naked detaiiiaa leash wrapped around t e detainee' s neck
and by watching Private First Clas s hold a naked detainee by a leash wrapped
around said detainee's neck. Plea: No Entered. Finding: None Entered.
ACTION
The accused having been arraigned, the proceedings were terminated on 25 August 2004. The Charges and Specifications are dismissed. All rights, privileges, and property of which the accused has been deprived by virtue of these proceedings will be restored.
2
002204
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002205

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

AFZF-CG OCT 2 8 2004
MEMORANDUM FOR Staff Judge Advocate
SUBJECT: Disposition of the Court-Martial Charges Preferred Against
Megan M. Ambuhl -Specialist
The recommendations of the Staff Judge Advocate are approved. Pursuant to the accused's offer to plead guilty, the attached charges and their specifications are referred to trial by summary court-martial. I hereby appoint Lieutenant Colonel/1M
IM:3 as the summary court-martial officer.
THOMAS F. METZ
Lieutenant General, USA
Commanding
0 022 06
AFZF-JA-MJ OCT 2 8 2004
MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Advice on Disposition of the Court-Martial Charges Previously Referred Against Specialist Megan M. Ambuhl 1111111111—ACTION MEMORANDUM
1. Purpose. To forward for disposition, in accordance with Rule for Court-Martial (RCM) 407, the courtinartial chews against Specialist Megan M. Ambuhl, Headquarters and Headquarterseompany, 16th Military Brigade (Airborne), Ill Corps,
Victory Base, Iraq.
2.
Background. On 21 July 2004, you referred the charges (including additional charges) and specifications in this case to trial by general court-martial. On 13 October 2004, the Defense submitted the attached offer to plead guilty, under which you would agree to refer all charges and specifications to trial by summary court-martial.

3.
recommendations.

a.
Chain of Command. The chain-of command recommends you accept the attached offer to plead guilty and refer this case to a summary court-martial.
b. Staff Judge Advocate. I recommend you accept the attached offer to plead guiltyand refer this case to a summary court-martial.
4. Staff Judge Advocate Review. I affirm my prior review of these charges under RCM 406 and Article 34, Uniform Code of Military Justice (UCMJ). It is my legal conclusion that (1) The specifications allege offenses under the UCMJ; (2) The allegations of the offenses are warranted by the evidence indicated in the attached documentation; and
(3) The court-martial will have jurisdiction over the accused and the offenses alleged.
5. POC is Captain 'at DSN 318-8221Ni
Ends
1.
Charge Sheet OL, JA

2.
Additional Charge Sheet Staff Judge Advocate

3.
Offer to Plead Guilty

4.
Allied Documents

002207

HEADQUARTERS
MULTI-NATIONAL CORPS - IRAQ
BAGHDAD, IRAQ
APO AE 09342

REPLY TO
ATTENTION OF:

OCT 2 8 2004
FICI-JA
MEMORANDUM FOR Lieutenant ColoriellIMINM57th Signal Battalion, 3rd
Signal Brigade, Victory Base, Iraq APO AE 09342
SUBJECT: Appointment as a Summary Court-Martial Officer
1. Pursuant to Rules for Court Martial 401 and 403, I hereby appoint you the Summary
Court-Martial Officer for the referred charges pertaining to Specialist (E-4) Megan M.
Ambuhl, Headquarters and Headquarters Company, 16th Military Police Brigade

(Airborne), Victory Base, Iraq, APO AE 09342
2.
Before o onvene this court-martial you will contact your legal advisor, Major Office of the liege Advocate, 1st Calvary Division, Victory Base
(North), Iraq, at DSN 302-5311
a briefing. During the course of the proceeding,you may seek assistance from your legal advisor.
63. It will be your duty to come to a factual conclusion
on this case at hand and, drawn
from the evidence presented, adjudge a sentence that is not disproportionate to theoffenses committed.
End
THOMAS F. METZ
nc Lieutenant General, USA Commanding
002208
UNITED STATES
v. 01,1-..ER TO PLEAD GUILTY
AMBUHL, MeganM.
SPC, U.S. Army
Headquarters and Headquarters Company
16th Military Police Brigade (Airborne)
III Corps, Victory Base, Iraq

8 October 2004APO AE 09342-;1400
1. I, Specialist Megan M. Ambuhl, the accused in a pending court-martial, offer to plead guilty
as follows:
a.
To the Specification of Charge I and to Charge I: Not Guilty;

b.
To the Specification of Charge II and to Charge II: Guilty;

c.
To tie Specification of Charge III and to Charge III: Not Guilty; and

d.
To the Specification of Chaite IV and to Charge IV: Not Guilty.

2. As part of this offer, I also agree to the following:
a. To enter into a Stipulation of Fact correctly describing the offense to which I am offerin to plead guilty. I also agree that this stipulation may be used by the Summary Court-Martial g officer to ascertain matters pertinent to findings and sentence. If my plea is not accepted, this
offer to stipulate is null and void.
b.
I agree to waive unconditionally any right I may have to an administrative separation board under AR 635-200, in the event my unit elects to separate me from the Army. This unconditional waiver includes any right I may have to a separation board if I am beingconsidered for separation under other than honorable conditions.

c.
I agree to waive the presence at my court-martial of all witnesses located outside of

Victory Base, Iraq.
d. I agree to cooperate fully with the overnment in the i v
ations and rosecutions of
S •ecialist Sergean taff Sergean S e ialist
pecialis Private First Class
and any
o er so • er or civilian chargbased on misconduct at the Baghdad Cen
onfinement
Facility at Abu Ghraib.
e. To r uest def ent of any period of adjudged confinement until after the conclusion of United
States v.
IAW Article 57a, UCMJ.
002209
3. I agree to take the actions above provided the Convening Authority takes the following
actions:
a.
Refers this case to trial by summary court-martial.

b.
Authorizes and orders the Trial Counsel to dismiss without prejudice the charges and

specifications to which I have pled not guilty, once the summary court-martial officer accepts
my plea of guilty to Charge II and its Specification.

4. I understand that I may request to withdraw the plea of guilty at any time before my plea is accepted and that if I do so, this agreement is canceled. This agreement will also be canceled if:
a.
I fail to plead guilty as agreed above;

b.
The Stipulation of Fact is modified at any time after I have affixed my signature theretowithout the consent of both myself and the Government; or

c.
The summary court-martial officer either refuses to accept my plea of guilty or changes my

plea of guilty during the trial.
5. This writing includes all terms and conditions of this Offer to Plead Guilty and contains all .promises made to me or by me concerning my plea of guilty.
There are no other promises,conditions, or understandings regarding my proposed plea of guilty that are not contnined in this offer.
ME M. AMBUHL SPC, U.S. Army Civilian Defense CounselAccused
The offer to plea t dated 8 Odiober 2004'ist
{accept
THOMAS F. METZ Lieutenant General, USA Commanding
OCT 2 8 2004
2 002210
UNITED STATES
)
) STIPULATION OF FACT
)
v, )
)
AMBUHL, MEGAN M. ) )
SPC, U.S. Army )
Headquarters & Headquarters Company)
le !Mary Police Brigade (Airborne) ) 8 October 2004
III Corps, Victory Base, Iraq )
APO AE 09342
)
I. NATURE AND USES OF THE STIPULATION;
1.
This document represents a set of facts that both the Government and SPC Megan Arnbutr1 ('the accused') agree upon as true. These facts are admissible in evidence and can be considered by the Summary-Court Martial to determine the providence of the accused's plea of guilty; to establish the elements of all charges and specifications; and in C011eideretiOn of an appropriate sentence. For these purposes, the accused expressly waives any objection that she may have to the admission of these facts, and any referenced atteehMelite, into eviderte at trial under any evidentiary rule, applicable case law, or Rule for Courts-Martial that might otherwise make them inadmissible.
II. THE ACCUSED: $ L
2.
1, SPC Megan Ambuhl, am 30 years old: I graduated High School in 1992, and then
.
attended Coastal Carolina College where I received a B.S. in Biology. My GT score is
128. 1 entered
service on 31 January 2002. I attended One Station UnitTraining at Fort Leellerd Wood, Missouri. I completed Basic Training approximately 23 June 2002, After I oompleted my MOS training, I was released from active duty
approximately 23 August 2002. On 21 February 2003, I was activated for the currenttour of service in support of Operation Iraqi Freedom. I have a total of 2 years and 9months service In the United States Army R eserve including my Delayed Entry time. I
received Geneva CetiVerltien and UCMJ training during an approximately 60-90 minuteblock of instrOt1911 in Imiai0 training, but cannot remember any specifics of thoseclasses. In my elVlilefl life, I work as a histology technician at LabCorp, a private
company in Herndon, Virginia.
3. I was originally assigned to the 352hd MP Company, but was involuntarily transferredto the 372hd MP Company. The 372nd spent 3 months training at Ft: Lee, Virginia onLaw and Order missions. NOW I art assigned to Headquarters and HeadquartersService Company, 16th Military Police Brigade. At all times relevant to the charged
offenses, I was 29 years old and on active duty.
002211

Stpdaton of Fact — Unittes v. SPC Megan M. Ambuhl
III. BACKGROUND

4. In lYlay 2003, I, along with members of the 372d MP Company, arrived in Kuwait.
The company proceeded north to the city of Hillah where the unit was responsible for, among other things, assisting and training t
the surroundi ar a.
• '! • this time e friends with SSG CPL and
SPC 4-
fell •w MPs in my company. I am s II goo nen s wit PC
5. On 14 October 2003, the 372d MP Co. assumed duties at the Baghdad Central
Confinement Facility (BCCF). The BCCF is located in Abu Ghraib, a city located
approximately 12 miles west of Baghdad, Iraq. Within the BCCF there are several
compounds used to hold a large number of detainees. One of the compounds is
actually a series of buildings built to contain individual cells. This compound is known
as the 'hard site" and consists of a number of halls, or tiers. Detainees in tier 1 were

divided into two sub-tiers, tier 1A and tier 1 B.
During the relevant time, tier 1A was used
for Watery Intelligence (MI) holds — individuals who were beloved to possess
information of tactical, strategic, or operational value. Tier 1B housed certain sub­
categories of civilian detainees — including women, juveniles, and detainees suspected
of psychiatric/psychological problems or mental instability. 1B also housed many
detainees that had caused serious disciplinary problems. There were juvenile and
female MI holds on 1B from the beginning. Later on, there were all the different types of
mile MI and OGA holds as well.
6. During the months of October 2003 to January 2004, I worked at the BCCF. Myprimary responsibility was to serve as a night-shift guard for tier 1 B. Specifically, I wasgiven the responsibility to safeguard the women and juveniles who were held in the hard
site on ti 1B. My formal supervisor durin th
night shift was generally SSthe NCOIC, although SSG
•firly o rotated th ty of •
with two Other Staff aergeanth, SSG
nd SSG SSG nd SSGuld also oriea
th
tween serving as e Sergeant of t e Guard ( OG during this
e. SFC rrived so in November was the NCOIC of the enentire
hard site. During e day-shift, S
generally served as the immediatesupervisor for the tiers, with SSG serving as the SOG. Overall responsibility for
e hard s' e re "ned with e 4th PI
rgeant and Platoon Leader, SFCPi respectively. CPT
was the Company Commander and ompany 1SG, and these two men had the overall responsibility
forlhe
and site, Camp Vigilant, as well as the company's LSA.
7. The 372d was not formally trained to conduct interment and resettlement (IR)
operalonS of the e executed at
Ghraib. everal members of the company,
includmg CPL SSG and SSG ere corrections officers in the
United States. .
2 002212

Stipulatim of Fact— Unitecrzkates v. SPO Megan M. Ambuhl
III. THE MISCONDUCT: THE ELEMENTS
8. Between the time frame of 20 October 2003 and 1 December 2003, I was derelict in the performance my duties, which I knew, in that I willfully failed to protect Iraqi detainees from abuse, cruelty, and maltreatment. Specifically:
a.
I had a certain prescribed duty to the Iraqi detainees, that is I had a duty to protect them from alause, cruelty, and maltreatment, and

b.
I actually knew bf this assigned duty, and;

c.
That between on or about 20 October 2003 and on or about 1 December 2003, i was derelict in the performance of that duty by willfully failing to protect the Iraqidetainees from abuse, cruelty, and maltreatment.

IV. THE MISCONDUCT: THE UNDERLYING FACTS
9.
During the time of 20 October 2003 and 1 December 2003, I witnessed numerous acts of abuse, cruelty, and maltreatment of Iraqi detainees within the hard site. This time was very confusing for me, and things were done to detainees that I questioned, but that apparently were permissible. But there were some things that were done that I knew were wrong at the time, and I did not act to stop this behavior to protect the detainees from abuse, cruelty, and maltreatment. There are two primary incidents that I specifically remember as being obviously wrong and that I took no action to prevent, either drectly by saying something or taking action to stop the incident, or indirectly byreporting this behavior to someone who could stop the misconduct.

10.
The first incident occurred approximately 8 days after the 372d had assumed dutiesat the hard site, on the evening of 24 October 2003.

a4This incident took lace in the har&site,ln tier 1N1 B and InvolVed three
CP PFC
myself; and'a detainee named Mr.11111M
P3.-1 -"
.:1-
b. PF
was a soldier assigned to the 372d MP Co., but not as an MP.
Instead,, PFC as an adrhi istrative clerk who had no duties that required her
to:Jua
n ard-pte. PEC
however, was involved in a sexual relationship with
fC
a relationship e company had triedb stop but apparently did not.
c. The detainee involv Mr.
, nicknamed vas in the hole onthe night of 24 October 2003.
as a sma I man weighing approximately 100
• • ; •- when he was release
had been arrested for attacking coalition forces.
..-,-n attacked or reatene oatiack his MP guards.
emonstrated clear
ns of dsignifi t mental Hinds, and r sed to accepT anything offered to himincluding clothes, food, or water. As a result,
was often naked, as he was on theright of 24 October 2003. Becauselliroutinely refused food and water, the MP
3
002213
Ston of Fact —Unitetrchates v. SPC Megan M. Ambuhl
guardinglighad to forcibly administer IV's to keep him alive, and this faqir/weak
and fraE.
d. On 24 October 2003, ulle from the hole. CPL
looped a tie-down stra • around

nec and han e the other end of the strap o
PFC.= CP
en as ed PFC o pose holding the stra• while he
took tographs o
pho ttempted to craw ong the floor. CP d'• notmake any comments to me he had been ordered to do this, and P reallyhad no busine s ing there in the first place. It was not my idea to stage thisphotograph of
and I did not think there was a legitimate reason to do so. At the
rune this was happening Ike it was wron '1.1 as I know now that it was wrong. I did
nal say anything to CPL or PFC
to the effect thatilshouldn't be
treated this way, and I di n t try to stop tiipar
i an y way. I also didn ell anyone about
this although I knew it was wrong to trea t r any detainee this way.
12. The second incident occurred in the late evening of 7 November 2003.
a. As mentioned above, the BCCF consists of both the hard site and several
compounds. One compound within the BCCF is Camp Ganci. Camp Ganci generally
houses detainees who may be a security risk if released or hold some low-level
intelEgence value. Camp Ganci was not administered by the 372 nd, but by another MP
company. Unlike its sister camp, Camp Vigilant was run by 2 nd platoon of the 372d,

Can
Ganci was fairly disorderly and riots sometimes occurred. One such riot occurred
on the night of 7 November 2003.
b. After the riot at Camp Ganci was controlled, seven detainees believed to be particiOants in the riot were taken to the hard site to be placed into i
ti as a means
of rxz"shin them for their conduct. The ven detainees were Mr.
Mr.
I didn't know the n es of thesemen attime but I've sin been told who they were. I recently heard Mr. estify in court as to what happened to him that nig t and wasvery move as he e about being hurt and abused, and about the deep shame hefelt as a result of what my fellow soldiers did to him that night.
c. The detainees were taken into the hard site with sandbags on their heads and flex-cuffs on their hands. This practice was not uncommon for incoming personnel andwas generally done for security reasons. Present were a
r of MP who wereassigned fight-shift including SSG CPL
SGT
, and myself. Also present was C
a mechanic

assigns • to the company.
d.
Once the detainees arrived in the hard site, the situation deteriorated. I saw
the detainees were thrown together in a pile, still bound and hooded. I then
proceeded to walk up the stairs to the upper level. SGT IIIIIIIIIran MP
4
002214
&Nati= of Fact— Unii&s,kates v. SPC Megan M. Ambuhi
who worked in the tiers was there. SGTIllffused his combat 1=2 step on the hands and feet of the detainees. I walked u next to SFOIEW, who din the upper tier standing at the railing. SF I saw SGT
stepping on the detai nd motioned for , and ordered him to le ve. FC left the hard site and T eft the ter. I think SGT etumed ater to witness the additional abuse of the 'detainees, but I i not witness him do so.
I also saw a picture of CPL posed with a detainee. In the pose, CPLaid a detainee's head with is is cocked b.gtal
if he were about to punch the
. A soldier or soldiers photographed this position; I was upstairsin the tier office. CpI may have hit a detainee; however I did not witness it. From stimony at his guilty pea, I learned he made an "X" with his hand on the es o anot er bound and hooded detainee, and then punched the detainee with great force in the chest This bl w caused the detainee to have great difficul[wealth When S
hit the detainee, whom I now know was Mr. go an inhaler from another detaiee and tried to e p .m. not see, but a medic was called and she tried to help Mr. breathe normallyagain. After Mr. tasted breathing again, the medic left.
f. SSG and CPL trip-searched the det inees. I didn't take part
in this either. nom t e investigation, I learned that SPC wrote word "rapeist"on the leg of one detainee, listing his crime.
g.
SSG and CPL placed the detainees into the humiliating anddewing position of a naked human pyramid. Because the detainees did not speak English, they were physically pushed and forced into these degrading positions. The other soldiers then began photographing and posing for photographs with the detainees in humiliating and degrading positions. This I learned from the various pictures and photographs. I did not pose for any photographs or see others do so.

h.
SPC I talked in the upstairs ' f going to make personalphone calls. S

ffice and CPL and I found cells for the
detainees on tier 1 B. SPC came back an then she and I left. When I was going downstairs, I witnessed one detainee kneeling down in front of another with his head afew inches away from the standing detainee's' groin area. The d t ine ho was standing had his hands on the head of the kneeling detainee. SP
and I
then left and went to the Internet café. We came back to the tier around 0200 and the detainees were in their cells. The detainees were naked with sandbags on their headsand no mattresses or blankets. It was a cold night and the detainees must have been
very cold without anything to wear.
Prior to the investigation starting, I saw various videos and pictures depictingsome of the events on the night of 7 November. I should have stopped or reported these events, both those I saw and those I found out about later, but I did not.
5
002215
Stipulation of Fact — Linitb...4tates v. SPC Megan M. Ambuhl

V. OTHER MATTERS

' 13. I learned from the CID case file rovided to my counsel that the investigation began
on 13 January 2004 when SPC slid a compact disc containing images
of detainee abuse under the office door of the cnminal investigation division CID at
Baghdad Central Confinement Facility BCC near Ab Ghraib, Iraq. SPC had
received two corn act discs from CPL , another solder assigned to
BCCF. SPC ad asked for pictures o e ardsite. SPC ownloaded the
images from o iscs to his computer without looking at them. er saving the
pictures, SPCilltpened the files which included innocuous pictures of palaces in
Iraq and soldiers wor "ng at the BCCF. The images also included ictures of naked
detainees in forced sexual positions (Attachments 2 and 6). SPC
etumed the
two thscs to CPLIIIIIrand then burned the images to a comps isc that he
anonymously provided to CID.

14. The CID investigation further showed that the day after SPCIIIIIrslid the disc
under CIR's door, SPCs poke to investigators and made a sworn statement
descaing the abuse of et

riees at the BCCF. In his. statement, SPAM, a junior
ennsted soldier, explained that he knew abusing detainees was wrong and wanted it to
stop. He did not cite any rule of law or policy of the facility; he stated that he simply "felt the pictures were morally wrong."
15. 1 have since learned that the humiliating and sadistic acts of maltreatment and dehumanization described herein are unacceptable in any culture, but especially so in the Arab world. Homosexual acts are against Islamic law and Arab.men consider it hurnfflating to be naked in front of others. Placing the detainees together in a manner to simulate acts of homosexuality seriously violated the tenets of Islamic law and degraded
the detainees.
16.
Over the past few months, both Middle Eastern and Western media outlets have broadcast some of the attached photographs. The acts of the soldiers in these photocjraphs significantly contributed to tarnishing the reputation and image of the United States Armed Forces and the United States in the eyes of many Americans as well as many individuals throughout the world. Had I attempted to stop this abuse, or report It to the appropriate authorities sooner, much of the misconduct could have been
avoided entirely.
VI. EXTENUATION AND MITIGATION:

6 002216

SlipLia2csn of Fact — Unitets:56ites v. SPC Megan M. Ambuhi
17. I have agreed to cooperate with the government in the investigation of misconduct within the BCCF. I will provide truthful information concerning the events that occurred within the)BCCF from October 2003 to January 2004.
VII. STIPULATION TO ADMISSIBILITY OF EVIDENCE
18. The government and the I agree that this stipulation of fact plus attached enclosures are admissible at trial and may be considered in determining the providence or my pleas and in determining an appropriate sentence. The attached enclosuresinclude Photo. Exhibits 1-15 I appear in Photo Exhibits 3 and 4. •
/1"
MEGA M. AMBUHL

allar
Civilan DefLnse Counsel SPC, SA MAJ, JA Accused Trial Counsel
002217
7
OFFICE OF THE CLERK OF COURT
US ARMY JUDICIARY
ARLINGTON, VIRGINIA 22203-1837

THE RECORD OF TRIAL HAS BEEN REVIEWED FOR RELEASE UNDER THE
PROVISIONS OF THE FREEDOM OF INFORMATION ACT. THE DOCUMENT[S]
DESCRIBED AS FOLLOWS HAS[HAVE] BEEN REMOVED FROM THIS COPY OF THE
RECORD BECAUSE THE RELEASE WOULD BE IN VIOLATION OF THE DOD
FREEDOM OF INFORMATION ACT PROGRAM, DOD 5400.7-R, EXEMPTION 6 and

7(C):
Photographic Exhibits

CO2218

DEPARTMENT OF THE ARMY
HEADQUARTERS, III CORPS
VICTORY BASE, IRAQ

APO AE 09342-1400
REPLY TO
ATTENTION OF

OCT 2 8 2004
AFZF-CG
MEMORANDUM FOR Specialist Megan M. Ambuh'1111111111, Headquarters and
Headquarters Company, 16th Military Police Brigade, Victory ase, Iraq, APO AE 09342-1400

SUBJECT: Grant of Testimonial Immunity and Order to Testify
1. Purpose. Under the provisions of Rule for Courts-Martial (RCM) 704(c), I grant you testimonial
immunity for any statements made during the investigation and any courts-martial resulting from
investigations into alle•ed abuse of •etaineerco y the followin•soldiers in o r unit:
Sergeant Specialist Specialist , and
Private First as
er grant you immunity for estimony in any ture
criminal prosecutions o so • iers or civilians arising from detainee abuse allegations at Baghdad
Central Confinement Facility (BCCF).
2. Authority and Basis for Grant. As a general court-martial convening authority, I am authorized
to grant testimonial immunity under the provisions of RCM 704(c). Prior to granting testimonial
immunity and directing you to testify, 1 made the following findings:
a. Relevant Evidence.
You possess information relevant to proving the government's cases
against individuals who have been or will be charged with detainee abuse at BCCF.
b. Self-Incrimination.
Under ordinary circumstances, you would not be able to provide this
testimony without implicating yourself in a possible criminal act. Absent a grant of immunity, it isanticipated that you would invoke your right against self-incrimination and not testify in the courts-
martial listed above or any future criminal prosecutions.
c. Necessity of Testimony.
Your testimony before any court-martial which may be convened to
adjudicate the misconduct described above, and your cooperation with law enforcement officers,investigating officers, and counsel investigating these allegations, is necessary to the public
interest, including the good order and discipline of the U.S. Army.
d. Military Status. You are an individual subject to the Uniform Code of Military Justice.
3.
Score of Immunity. Any information you give pursuant to this order, or any information directly

4.
Effective Date. This grant of immunity and order to testify shall be effective upon personal

5.
POC for this memorandum is Captain Neill at DSN 318-8221.

or indirectly derived from your testimony, shall not be used against you in a trial by courts-martial orproceedings under Article 15, UCMJ, except for prosecution for perjury, false swearing, making a
false statement, or failing to comply with this order to testify.
delivery to you or your detailed military defense counsel. i•
002219
THOMAS F. METZ Lieutenant General, USA Commanding
AFZF-JA-MJ
OCT 2 8 2004
MEMORANDUM FOR Commander, Ill Corps, Victory Base, !rag, APO AE 09342-1400
SUBJECT: Grant of Immunity and Order to Testify — ACTION MEMORANDUM
1.
Purpose. To recommend you grant testimonial immunity and an order to testify to Specialist Megan M. Ambuhl 111111111111111

2.
Background.

a.
On 20 March 2004, Specialist Megan M. Ambuhl was charged with maltreating detainees at the Baghdad Central Confinement Facility (BCCF) near Abu Ghraib, !rag. Pursuant to an approved offer to plead guilty, Specialist Ambuhl will plead guilty at a summary court-martial on 30 October 2004.

b.
You have reviousl referred similar charges a ainst Ser eant il.1111,Specialist whose courts-and Specialist martial are pending. Specialist buhl has agree to testify agains these co-accused after receiving a grant of immunity and order to testify. She has also agreed to provide truthful testimony in the court-martial of Private First Class

a co-accused stationed at Fort Bragg, North Carolina, and in other cnmina pros cutions of soldiers and civilians arising from detainee abuse allegations at BCCF.
3. Applicable Law. Under the provisions of Rule for Courts-Martial (RCM) 704(c) in the Manual for Courts-Martial, you are authorized to grant testimonial immunity subject to making specific findings regarding the subjects listed below. Based on my review of the case, all the specific findings are satisfied.
a. Relevant Evidence.
Specialist Ambuhl possesses information relevant to proving the government's case against the four charged soldiers listed above. She witnessed other soldiers abusing detainees at BCCF.
b.
Self-Incrimination. Specialist Ambuhl cannot convey this information without implicating herself in possible criminal acts and, if asked to make a statement or if called to testify, it is anticipated that she would invoke her right against self-incrimination and not testify without a letter of testimonial immunity.

c.
Necessity of Testimony. The testimony of Specialist Ambuhl at the remaining courts-martial is necessary to the public interest, including the good order and discipline of the United States Army. Similarly, her cooperation with officers, investigating officers, and counsel investigating these allegations is in the public interest.

0 0 2220

AFZF-JA-MJ SUBJECT: Grant of Immunity and Order to Testify — ACTION MEMORANDUM
d. Military Status. Specialist Ambuhl is an individUal subject to the Uniform Code of
Military Justice.
4.
Recommendation. I recommend you grant testimonial immunity and an order to testify for Specialist Arnbuhl. An action to accomplish this is attached.

5.
POC is CPT INININI Chief, Criminal Law Division, at 318-82211.

Encl as COL, JA Staff Judge Advocate
0022 2 1
2

SUMMARY COURT-1 TIAL RIGHTS NOTIFICATION/WA I STATEMENT
For -u-seftifiliii4 forrn..: -.6e1,Afl 27.4 Or the.pfdlt tittsint•t9t riOy IS-QUAL''' .
1. STATEMENT CONCERNING REFD SAL TO ACCEPT cotiNguNO, ARTICLE..21:4-1.1CN.L.1 AND UNDERSTANDING OF RIGHTS
'A cl OC-T oti
a. On -, I--orded en lapponOnitite :conieft,with -ligaI counsel-befers making my decision to.consent to Summary
fOgre)
Oduri-Marrial proceedings:under Article-20:i LICMJ.
b.
I have decided not to see. counsel in-corm ectron with,this action-rights under Artiofer2O: UOM.I, rddluding my right tti.objedt tielEY-SutnmeriCbuit.,Martial.,-pUnisfirbent ErnitatienS, tiotiritlat .ute.allis record of

c.
I understand. my ­Summary Court Nlartial in arty -sabseatleptodurts-martlal,- and other conseooprides-oi My decision.

d.
I voluntarily decide tuedrisent .tO trial by Sbintriery-COurt-Martial,

TYPED OR PRINTED _NAME OPSERYIGE MEMBER.
RANK SIGNATURE
11 E GA hi M. A vq3 u iiL S PC_
TN"PED OR PRINTED NAME OF GU-Mgli4tirceica41,MARTIAI. OF-RIOER -RANK SIONA. -' ' •

LTC.
2- STATEMENT ACKNOWLEDGING IMALIFIED LEGAL COUNSEL FOR ARTICLE 20,
UCM:1,..ANI5 STA 117 ENT OF UNOERSTA 1 0 RIGHTS
. „lei OCT aV
a. On- . I. consutted-with
poei.
4NdIrKariiii'Defen.ve.- .14.54v
ex•Olairiedrriy ri§btitaiereairieettlie proi.4iions-cf .Atileta20:UCM.1,,ttariclude
my eght.O.pbigtctto Aga! by Summary Court-Martial, punishment lIrnitations,potential use. of the,.record.cif•Summary-c9urt-Martiat.prqc,4Cin,;sin any subsequent cgprt*-74MF.Eil,:t14:ct.tlet;caqsoqences of my decision:
b. 'I understand my rights arid4eltinter-ily:clded tiro:naafis-Y(1. trial Ey Sunirriary_CoUri,Mittial.
¦
TYPED 13E1 PRINTEONAME OF.SE.13VICE MENISER
RANK SIGNATURE
2PC, futesA pi -Nit -41,4au A L-S PC

ii--(7
C. I have advised SPC_..MEGA?!. NA . .11-64.80 141— of his or henstata and -regulatory rights with regard to thisfNdirre paRt.t.k tf.Sfri,jck Meinhitj
Summary CourbAtartief and the possible ounseq4nces pf.. his or her consent -or objections° trial by Summary Cdurt4/tartiaI. TYPED OR.PFIINTED NAME OFDEFENSE:COUNSEL SRANOH 'RANk
CI:7r-
a: REFUSAL TO-ACKNOWLEDGE RECEIPT OF -ADVICE - ARTICLE20, licr,tor
Atte! advised -
•F of his
W4MC'airt.4-1+41-14W1 .
-CR4114· (S4W) or her rights to •tonsult *ith legal Oounief hefaretdakind a treeLsien.id conient or Ohjectle Sent reary Cduir4;lartial proceedings under Article -10,. LIClikil, he or she
refused to complete and sign an acknowleL%arlent of receipt of:the'advice: TYPED OR PRINTED 'NAISIE OF SUMMARY COLIRT-MA#IAL OFfICER .
RANK SIGNATURE
REMARKS
AUG 84, IS OBSOLETE.F USAPAV1.00ES
002222
DOD 001181

DEPARTMENT OF THE ARMY
Headquarters and Headquarters Company
57th Signal Battalion
APO AE 09342

OCT 2 9 Z004
AFZF-JA-MJ
MEMORANDUM FOR Specialist (E4) Megan M. Ambuhl, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Victory Base, Iraq, APO AE 09342
SUBJECT: Notification of Summary Court-Martial
1. On 30 October 2004, at 0800 hours, at the, Headquarters 57th Signal Battalion, building 41, I will hold a Summary Court-Martial, to consider all facts and circumstances concerning the charges referred against you on 21 July 2004, by Lieutenant General Thomas F. Metz. The charge is:
Charge II: Dereliction of Duty, Article 92, UCMJ.
2.
The uniform for the hearing is hereby designated as DCU's. You have the right to be present during the entire hearing.

3.
You have the right to be represented at all times during the hearing by legally qualified civilian counsel, at no expense to the government. You also have the right to waive representation by counsel.

4.
If reasonably available, I intend to call the following witnesses: None.

5.
Additionally, it is my intention to examine and consider evidence contained in the court-martial packet.

6.
As the summary court-martial officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. You will provide me with a list of the witnesses you intend to call to testify in your defense NLT 1500 hours, 29 October 2004.

7.
Sergeant paralegal, is detailed to this court-martial to provide paralegal and administrative support.

002223
AFZF-JA-MJ SUBJECT: Notification of Summary Court-Martial
8. You may contact me by calling 82211111.
2 Ends
1.
DD Form 458 LTC, SC

2.
DA Form 5111-R Summary Co rt-Martial Officer

I hereby acknowledge Receipt of this Notification of Summary Court-Martial on this ../1 day of ase-7 2004.
MEGAN M. AIVIBUHL SPC, USA Respondent
002224
2
DEPARTMENT OF THE ARMY
Headquarters and Headquarters Company
57th Signal Battalion
APO AE 09342

OCT 2 8 2004
AFZF-JA-MJ
MEMORANDUM FOR Specialist (E4) Megan M. Ambuhl, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Victory Base, Iraq,APO AE 09342
SUBJECT: Notification of Summary Court-Martial
1. On 30 October 2004, at 0600 hours, at the Victory Base Court Room, building 94, I will hold a Summary Court-Martial, to consider all facts and circumstances concerning the charges referred against you on 21 July 2004, by Lieutenant General Thomas F.
Metz. The charge is:
Charge!: Dereliction of Duty, Article 92, UCMJ.
2.
The uniform for the hearing is hereby designated as DCU's. You have the right to bepresent during the entire hearing.

3.
You have the right to be represented at all times during the hearing by legally qualified civilian counsel, at no expense to the government. You also have the right to waive representation by counsel.

4.
If reasonably available, I intend to call the following witnesses: None.

5.
Additionally, it is my intention to examine and consider evidence contained in thecourt-martial packet.

6.
As the summary court-martial officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. You will provide me with a list of the witnesses you intend to call to testify in your defense NLT 1500 hours, 29 October

2004.
7. Sergeant
aralegal, is detailed to this court-martial to provideparalegal and administrative support.
002225
AFZF-JA-MJ SUBJECT: Notification of Summary Court-Martial
8. You may contact me by calling 8221.1
2 Ends
1.
DD Form 458 LTC, SC

2.
DA Form 5111-R Summary Co rt-Martial Officer

I hereby acknowledge Receipt of this Notification of Summary Court-Martial on this .21 day of a'r 2004.
MEGAN M. AMBUHL
SPC, USA
Respondent
002226
2
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION IX, BAGHDAD FIELD OFFICE

• CAMP VICTORY, IRAQ APO AE 09342
REPLY TO
ATTENTION OF:

FICI-JA-BFQ 29 October 2004
MEMORANDUM FOR RECORD
• SUBJECT: Notification by Summary Court-Martial Officer --United States v. SPC Megan M. Ambuhl
1.
On 28 October 2004, LTC Summary Court-Martial Officer, notified theaccused, spq Megan M. Ambuhl, of the government's intent to proceed to a Summary Court-Martial (SCM) on "Charge I: Dereliction of Duty."

2.
The accused, her civilian defense counsel, and her military defense counsel understand that the SCM will proceed on one charge of dereliction of duty. This charge has been misidentified as "Charge I", and is correctly identified as the original Charge II. The substance and nature of the charge haVe not changed. The defense understands the reference to "Charge I" by the SCM Officer to be an administrative error.

3.
SPC Ambuhl is not prejudiced by this error and she and her defense team are on notice that the offense tc be considered at the SCM is original Charge II, Dereliction of Duty.

4.
Questions concerning this matter, may be addressed to me via email at • or by telephone at DSN: (312) 5210.

//ori si edll
CPT, JA Trial Defense Counsel
002227

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 Witness Protection 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 information will prevent the corrections facility from notifying victim or witness of change in a criminal offenders status.
SECTION I - ADMINISTRATIVE INFORMATION
Installation Victory Base City Baghdad State Iraq APO AE 09342 Incident Number 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. AMBUHL, Megan M. ,
(Name of accused)(Last, first, middle initial) r.,---7-7·convened by Lieutenant General Thomas F. Metz, Ill Corps, Commander (Social Security Number) (Summary Court-martial, Convening Authority)
I certify that this case does not involve a victim or witness entitled to receive information about the confinement status of the
defendant as re ' ' 's Rights and Restitution Act of 1990 (Public Law 101-647; 104 Stat. 4820).
ignature of person mai g (Typed name (Last, first)
20041030 MAJ, Trial Counsel
(Date) YYYYMMDD)· (Grade and title)

SECTION III — CERTIFICATION OF ADVICE TO VICTIM(S) AND WITNESSES)
(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 ivitness(es) in the court-martial case of United States v.
(Name of accused)(Last, first, middle•initial) · (Social Security Number)
Convened by

(Summary Court-martial, Convening Authority) 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 terms. Additionally, I advised of the right to prior notification of the inmate's parole hearings, release from confinement, escape and death.·1 advised that to receive notification of the inmate's transfer, parole hearings, and release from confinement, the victim or witness must provide the information 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 above, they must contact the Military Service Central Repository listed in Section V.
(Signature of person certifying) (Typed name (Last, fit 02228
(Date) YYYYMMDD)· (Grade and title)
DO FORM 2704, MAR 1999 PREVIOUS EDITION IS OBSOLETE. USAPA V1.00
DOD 001187
SECTION IV - ELECTION TO BE N - 'IED

. .

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 "Ille in the appropri­ate column. Those who elect to be notified of inmate status changes should initial in the `Yes -column; otherwise initial the "No" 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

N/A

SECTION V - DISTRIBUTION
ADDRESSES (Include 9-digit ZIP Code and telephone number.)
MILITARY SERVICE CENTRALREPOSITORY HQDA, ODCS, G-3 LOCAL CONFINEMENT FACILITY (name and address)
ATTN: DAMO-ODL (Ms.11/11111.
400 Army Pentagon Washingto, ik_. 1 1 0400
(703) 695
LAW ENFORCEMENT/SPECIAL INVESTIGATION VICTIM/WITNESS (Individual will receive a copy with all other
victim/witness addresses blacked out)
002229

DD FORM 2704 (BACK), MAR 1999
HEADQUARTERS
MULTI-NATIONAL CORPS - IRAQ
BAGHDAD, IRAQ
APO AE 09342
REPLY TO
ATTENTION OF:
FIC1-JA 30 October 2004

MEMORANDUM FOR Lieutenant Colonel Summary Court-Martial, HHC, 57th Signal Battalion, Victory Base Iraq APO AE
SUBJECT: Dismissal of Charges Without Prejudice
1.
Upon acceptance of the accused's plea to the Specification of Charge II, I direct that the remaining charges now referred be dismissed without prejudice, in accordance with the offer to plead guilty approved-by the Convening Authority.

2.
The point of contact is the undersigned at DSN (318) 822-11,

411111111

MAJ, JA Trial Counsel
002230

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302235
FICI-JA-AL
8 November 2004
MEMORANDUM FOR Commander, Multi-National Corps — Iraq, Baghdad, Iraq APO AE 09342
SUBJECT: Legal Review of Summary Court-Martial — U.S. v. SPC Megan M. Ambuhl
1.
In accordance with Rule for Court-Martial 1112(a)(3), I have reviewed the subject Summary Court-Martial. I have not acted in this case as an accuser, investigating officer, member of the court-martial, military judge, or counsel, nor have I otherwise acted on behalf of the prosecution or defense.

2.
I make the following conclusions:

a.
The court-martial had jurisdiction over the accused and each offense as to which there was a finding of guilty that was not disapproved.

b.
Each specification as to which there was a finding of guilty that has not been disapproved stated an offense under the UCMJ.

c.
The sentence imposed was legal.

3.
There are no allegations of error made in writing by the accused, nor have I identified any errors in the case.

4.
The above record of trial by Summary Court-Martial does not require further legal review. The original copy of this legal reyiew will be placed in the original Record of Trial and a copy of this review will be provided to the accused.

5.
POC is the undersigned at: 1111111111.11/111.11.r DSN 318-822-

AMU CPT, JA Administrative Law Attorney
002236

DD Form 457, Investigating Officer's Report," pursuant to Article 32
002237
DOD 001196
RECORD OF TRIAL BY SUMMARY COURT-MARTIAL

la. NAME OF ACCUSED (last, First, MI) b. GRADE c.FUNIT OR ORGANIZATION OF ACCUSED d.FSSN OR RANK HHC, 16th Military Police Brigade (Airborne) AMBUHL, Megan M. E-4 Victory Base, Iraq APO AE 09342
2a. NAME OF CONVENING AUTHORITY (last, b.FRANK c.FPOSITION d. ORGANIZATION OF CONVENING AUTHORITY
First, MI)
III Corps,METZ, Thomas, F. LTG Commander Victory Base, Iraq, APO AE 09342
3a. NAME OF SUMMARY COURT-MARTIAL b.FRANK c.FUNIT OR ORGANIZATION OF SUMMARY COURT-MARTIAL
(TPS kf was acraser, so state.)
HHC, 57th Signal Battalion LTC Victory Base, Iraq APO AE 09342
(Check appropriate answer) YES NO
4.
At a preliminary proceeding held on 30 October ;.9 7.D04 the summary court-martial gave theaccused a copy of the charge sheet. ,
5.
At that preliminary proceeding the summary court-martial informed the accused of the following:

a. The fact that the charge(s) had been referred to a summary court-martial for trial and the date of referral.
X
b. The identity of the convening authority.
X
c. The name(1) of the accuser(k. ..
X
d. The general nature of the charge(%).
X
e. The accused's right to object to trial by summary court-martial.
X
f. The accused's right to inspect the allied papers and immediately available personnel records.
X
g. The names of the witnesses who could be called to testify and any documents or physical evidence which the
X
summary court-martial expected to introduce into evidence.
h.
The accused's right to cross-examine witnesses and have the summary court-martial cross-examine on behalf of the
accused. X

i.
The accused's right to call witnesses and produce evidence with the assistance of the summary court-martial if
necessary. X

j.
That during the trial the summary court-martial would not consider any matters, including statements previously
made by the accused to the summary court-martial, unless admitted in accordance with the Military Rules of

X
Evidence.
k. The accused's right to testify on the merits or to remain silent, with the assurance that no adverse inference would be drawn by the summary court-martial from such silence. X
1. If any findings of guilty were announced, the accused's right to remain silent, to make an unsworn statement, oral or written or both, and to testify and to introduce evidence in extenuation or mitigation. X
m. The maximum sentence which could be adjudged if the accused was found guilty of the offense(j) alleged.
X
n. The accused's right to plead guilty or not guilty.
X
6.
At the trial proceeding held on 30 October y 2004 , the accused, after being given a reasonable time to
decide, . didiN4 did not object to trial by summary court-martial.
,1*
(Note: The SCM may ask the accused to initial this entry at the time the election is made.) (Initial)
7a.
The accused . was EFwas not represented by counsel. (If the accused was represented by counsel, complete b, c, and d below.)
b.
NAME OF COUNSEL (ast, First, MI) c. RANK (If any)

d.
COUNSEL QUAUFICATIONS

002238
DD FORM 2329, AUG 84
USAPPC V
8. The accused was arraigned on the attached charge(/) and specification(/). The accused's pleas and the findings reached are shown below:
CHARGEf,91 AND SPECIFICATIONZ PLEA(.81 FINDINGS (Including any exceptions and substitutions)
Charge II.
The Specification: Dereliction of Duty (20 OCT 03 -1 DEC 03) Guilty Guilty

/(44.I was advised of my right to request that
confinement be deferred and I was advised of my rightto submit written matters to the convening authority,including a request for clemency and of the right to
request review by the Judge Advocate General.
_I acknowledge receipt of record of trial.
GAN M. AMBUHL
9. The following sentence was adjudged: ,
To forfeit 1/2 months pay for one month and to be reduced to the grade of Private (E-2).
10.The accused was advised of the right to request 11.The accused was advised of the right to submit written matters to thethat confinement be deferred. (Note: When confinement convening authority, including a request for clemency, and of the right to
is adjudged.)
request review by the Judge Advocate General.
El YES

¦ NO E YES • NO
12. AUTHENTICAT a

30 October 2004 T' e o.n'---•.artial. Date
13. ACTION BY CONVENING AUTHhRITY
The sentence is approved and will
be executed.
THOMAS F. METZ
Commander
Typed Name of Convening Authority Position of Convening Authority
Lieutenant General
1 Rank =FNOV 6 2004 Signature of Convening Aut
Date
OPC V!.00
-
DEPARTMENT OF THE ARMY REPORT OF RESULT OF TRIAL
For use of this form, 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. Specialist Megan M. Ambuht ; Headquarters and Headquarters Company, 16th Military Police Brigade(Airborne), APO AE 09342.

2.
Trial by summary court-martial on 30 October 2004, at Baghdad, Iraq, convened by: Ill Corps, US Army, Victory Base, Iraq APO AE 09342.

3.
Summary of offenses, pleas, and findings:

CH ART UCMJ SPEC BRIEF DESCRIPTION OF OFFENSES(S) PLEA FINDING it 92 The Dereliction of duty (20 OCT 03 —1 DEC 03)

4.
SENTENCE: (LTC To forfeit 1/2 a months pay per month for one month and to be reduced to thegrade of Private (E-2).

5.
Date sentence adjudged and effective date of any forfeiture or reduction in grade (YYYYMMDD): 20041030.

(See UCMJ Articles 57-58b and R.C.M. 1101.)·
20041113.
6.
Contents of pretrial agreement concerning sentence, if any: Attached

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 restrictionfound tantamount to confinement, if any: N/A.

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

10.
Name s SSN(s) of.compa • - u d, if anv: SPC

); SPC t;

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.

CF: Unit Commander SJA TDS MJ Post-trial
Confinement Facility MJ: ILTC1116ii SPCMA DC: CPI CID Supporting Finance Activity
TC: N/A CR: N/A
NAME SIGNATU
RANK BRANC
LTC SC
DA FORM 4430, SEP 2002 DA FORM 4430-R, MAY 87, IS OBSOLETE USAPA V1.00ES

002240

DOD 001199
AFZA-AP-HHC 2 November 2004
MEMORANDUM FOR RECORD
SUBJECT: Wavier of Clemency Matters
1. I understand that Lieutenant Colonel...1r the summary court-martial officer,
adjudged a sentence of forfeiture of 1/2 a month's pay for one month and reduction to Private(E-2).
2.
I understand that I may consult with counsel; and, in conjunction with counsel, submit clemency matter to the convening authority._414-

3.
I having full knowledge of my right to submit matters, and after consulting with my defense counsel have elected to waive that right._LLIc

MEGAN M. AMBUHL SPC, USA
002241
RE: Result of Trial (UNCLASFTFIED) Page 1 of 1
Kary Jared F SGT MNC-1 SJA Claims
From: 1111111111111111111111111111.
Sent: Monday, November 01, 2004 6:12 PM
To: GT CJTF7-SJA Claims; v

- • —
Cc:
Subject: RE: Result of Trial (UNCLASSIFIED)

Classification: UNCLASSIFIED Caveats: NONE
SGT
The defense does not intend to submit any matters to the convening authority or to appeal the findings and sentence of theSCM officer in U.S. v. Ambuhl.
CPT, JA Trial Defense Counsel
From: GT CJTF7-SJA Claims Sent: Saturda Octo er 30, 2004 11:35 AM To Cc: Subject Res
SPC Ambuhl Team
If you wish to submit matters to the convening authority please submit them to me NLT 1400 6 NOV 04 Baghdad time.
Result A.pdf I will serve a hard copy to SPC Ambuhl and have her sign the result ASAP.
Very Respectfully,
SG
US Army, Paraiii DSN 318-822
Classification: UNCLASSIFIED Caveats: NONE
002242
11/2/2004
CHARGE SHEET
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI) 7.. SSN
3. GRADE OR RANK 4. PAY GRADE
AMBUHL, Megan M.
SPC E-4
5. UNIT OR ORGANIZATION 5. CURRENT SERVICE
Headquarters and Headquarters Company, 16th Military Police Brigade a. INITIAL DATE b. TERM
(Airborne), III Corps, Victory Base, Iraq APO AE 09342

28 Jan 02 8 years
7. PAY PER MONTH
8. NATURE OF RESTRAINT OF ACCUSED 0. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY C. TOTAL
$1,638.30 e100.00
$1,738.30 None
N/A
H. CHARGES AND SPECIFICATIONS
10. CHARGE I
VIOLATION OF THE UCMJ. ARTICLE 81
THE SPECIFICATION: In that Specialist Megan M. Ambuhl, U.S. Army, did, at or near Baghdad
Central • ill=011 II a -. it
• bu Ghrai • ez • • • • - • • ut 23 0 'with StaffSe •ea
Corporal cialist pecta is and Private First C as o comms an o - en e under the 1 ril orm • • e o
ilitary Justice, to wit: maltreatment of subordinates,and in order to effect
piracy the said Specialist Ambuhl did participate in aphotograph with PF
who tied a leash around the neck of a detainee and led the detainee down the corn or w
the eash around his neck.
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 92
THE SPECIFICATION: In that Specialist Megan M. Ambuhl, U.S. Army, who knew, of her duties at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, from on or about 20 October 2003 to on or about 1 December 2003, was derelict in the performance of those duties in that she willfully failed to protect Iraqi detainees from abuse, cruelty and maltreatment, as it was her duty to
do.
(SEE CONTINUATION SHEET)
EL PREFERRAL
la. NAME OF ACCUSER i asst.F-. a t,9 b. GRADE
C. ORGANIZATION OF ACCUSER
— .F
z 0-3 HHC, 16th MP Bde Abn APO AE 09342
e. DATE
-__ . aO AAR4 'Ci-
AFFIDAVIT: Before me, the undersigned, authorized by law to administer oaths in cases of this character,
personally appeared the above named accuser this -) 60's day of yvv.a.t.:IN

?..Prii
and signed the foregoing charges and specifications under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has
personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
HFIC, XVIII Abn Corps
-IIIPIII/IIIIP-Organization of Officer

0-3
Trial Counsel
Grade
Official Capacity to Administer Oath (See RCA& 307(b)— must Ise a commissioned officer)

-111111111
nn Cf MCI AEO RI AN/ •frinra
N IS OBSOLETE.
002243

12.
On Zu Marc I,FJA o ii· , the accused was informed of the charges against him/her and of the name(s) of The accuser(s) known to me (See RC.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)
HFIC, 16th MP Bde (Abn) APO AE 09342
Organkralion of lmmeciate CommanderTyped Name cf Immediate Commander .
0-3
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13.
The swom charges were received at /K5.hours, 2/ 111 Q iZA .1 OOSI at Headquarters, 16th Military Designation of Command or
Police Brigade (Airborne) APO AE 09342
Officer StercisMg Summary Court-Martial JuesdotIon (See RC.M. 403)
FOR THE
Commanding TWod NameatOficer
OfilCat Capacity of Officer Signing
0-6
V. REFERRAL;,SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY
b. PLACE c. DATE (YYYYMMDD)
Victory Base, Iraq
III Corps 20041028

APO AE 09342-1400
Referred for trial to the Summary court-martial convened by this detail of Lieutenant Colonel
)
r--7")

''''*'--- - -- - -, - s the summary court-martial officer on
28 October , 2004 , subject to the following instructions: None
By Command of Lieutenant General Metz
Command or Order
Chief, Criminal Law Division
ypN ame o.;car. Official Capacity cf Officer Signing
15. OnF9 I ,,,e,..r„owz.·•·2„eg.1·. I (caused to be) served a copy hereof on (each of) the above named accused.
MAJ os.ami or Rank of Trial Counsel
WIIIIMIRO
FOOTNOTES: 1— When an appropriate commander s;gns personally, ineppriceble wads are stricken.
2— See R.C.M. 801(e) concerning Instructions. If none, an state.

DD FORM 458 (BACK), MAY 2000
002244

CONTINUATION SHEET DD Form 458, AMBUHL, Megan M., SPC,
HHC, 16th MP Bde (Abn), III Corps, Victory Base, Iraq APO AE 09342
Item 10 (continued)
CHARGE VIOLATION OF THE UCMJ, ARTICLE 93
THE SPECIFICATION: In that Specialist Megan M. Ambuhl, U.S. Army, at or near
Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003,
did maltreat several Iraqi detainees, persons subject to her orders, by watching naked
detainees in a pyramid of human bodies.
CHARGE IV: VIOLATION OF THE UCMJ, ARTICLE 134
THE SPECIFICATION: In that Specialist Megan M. Ambuhl, U.S. Army, did, at or near
Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 ygongfully is n ct with Iraqi dF eant giCo oralF pecialistF and Priva
te First
ClassF .y o•serving a group of detainees masturbating, or
attemp ng to mas r•a e, while they were located in a public corridor of the Baghdad
Central Correctional Facility, with other soldiers who photographed or watched the
detainees' actions.

002245

HEADQUARTERS
MULTI-NATIONAL CORPS - IRAQ
BAGHDAD, IRAQ
APO AE 09342

REPLY TO
ATTENTION OF:

FICI-JA 30 October 2004
MEMORANDUM FOR Lieutenant Colonel fillialintSummary Court-Martial, HHC, 57th Signal Battalion, Victory Base Iraq APO AE
SUBJECT: Dismissal of Charges Without Prejudice
1.
Upon acceptance of the accused's plea to the Specification of Charge II, I direct that the remaining charges now referred be dismissed without prejudice, in accordance with the offer to plead guilty approved by the Convening Authority.

2.
The point of contact is the undersigned at DSN (318) 822111

OWN
MAJ, JA Trial Counsel
002246
UNITED STATES
) )
v. )
)
AMBUHL, MEGAN M. )
SPC, U.S. Army )
Headquarters & Headquarters Company)
16th Military PoliGe Brigade (Airborne) ) 12 October 2004
Ill Corps, Victory Base, Iraq )
APO AE 09342 )

EXTENUATION AND MITIGATION
COMES NOW the accused, by Counsel, and provides the following
information to be used as extenuation and mitigation evidence at her summary
court-martial:

1. SPC Megan Ambuhl is pleading guilty to one charge of dereliction of duty for not reporting the activities of MP and MI personnel at Abu Ghraib Prison. She has agreed to testify truthfully at all subsequent courts-martial relating to said
activities.
2. The uncontroverted evidence is that she did not participate in any of the activities alleged to have occurred at the prison. Exhibit 1 is a partial transcript of the BCD special court-martial of SPC co-accused. SPC
agreed to plead guilty and to testify truthfully against his co-accused.
On page 44, lines 10-14, the Military Judge asked SPCIarho
participated in the conspiracy to maltreat detainees at the prison and received
this response:
MJ: ...did all these people (SergeantlilliSergeanl Corporal 11111Specialistlille SpecialistMand PFC participate in the abuse of these detainees?
002247

ACC: Negative, Your Honor.
MJ: Who didn't?
ACC: Specialist Ambuhl did not.
Emphasis added.
SPA"eiterates this fact later in his guilty plea at page 45, lines 17-20, and
page 46, lines 8-13. The Military Judge twice makes SPC agree that SPC
Ambuhl is not part of the conspiracy—"Let's put Specialist Ambuhl to the side for
a second. These six other people were conspiring to maltreat these
subordinates. Do you understand that? And the subordinates in this case are
the detainees."
ACC: Yes, Your Honor.
Id. Emphasis added.

PFC MUM Corporal IIII.girlfriend and the soldier depicted in photographs as holding the leash, confirms that SPC Ambuhl did not participate in the abuse. In her 5 May 2004 Sworn Statement PFC was asked whether she saw SPC Ambuhl strike any of the detainees. She responded, "No, she rarely participated, she really wasn't part of all this." See Exhibit 2, page 3 of 6. Emphasis added.
Finally, SGT111111111 a witness but not an accused, states that, "SPC Ambuhl at no time in any way became involved in nor did she engage in any of the interrogations or alleged abuse." See Exhibit 3, 11 October 2004, Statement Addition. Emphasis added.
2 002248

3.
On 2 May 2004 the accused, the undersigned civilian defense counsel, JAG CPTIIIIIIMMIlnd a civilian interpreter assigned to the JAG office visited the prison to interview detainees who previously had provided witness statements to CID. Every remaining detainee was interviewed. Without exception each detainee stated that SPC Ambuhl treated them well and was both liked and respected. See Exhibit 4, personal testimonials of the detainees.

4.
Exhibit 5 contains letters from family and friends of SPC Ambuhl attesting to her good character. They uniformly state that she is a caring and patriotic person. Many letters describe her as a shy, non-confrontational person. Exhibit 5 also contains personal photographs of her family and activities.

5.
On 31 August 2004 LTC

as designated by the convening authority as an expert to assist SPC Ambuhl's defense counsel. LTC conducted a comprehensive psychological assessment of SPC Ambuhl, the facts and circumstances surrounding her dereliction charge, and the mitigating factors pertaining to her actions. LTC illereport is found at Exhibit 6. It is important to note that LTIIIINnformed SPC Ambuhl that she was
appointed by the government and that any report that she issued was not confidential. Id. at numbered paragraph 1. SPC Ambuhl understood and cooperated fully.
While neither condoning nor justifying SPC Ambuhl's dereliction in not reporting what had occurred, LTC
report places the inaction in context in the "Findings" section of her report. id. at pages 3-5. Her primary findings are stated on page 4 at subsection 4c:
3
002249
c. SPC Ambuhl's decision not to report alleged detainee abuse at Abu Ghraib BCCF clearly appears to be related to her lack of training as a corrections officer, a lack of understanding of proper procedures regarding treatment of detainees, and perceived influences from civilian and military intelligence agencies who she assumed had authority of the hard site. In addition, she was clearly a junior member of her work group, and despite her rank, had been in the Army only a short period of time (she enlisted as a college graduate). There are no indications that she participated in any incidents of abuse, as corroborated by detainee interviews and other witness statements. Based on knowledge gained through her participation in her legal proceedings, SPC Ambuhl has expressed remorse for not reporting actions that she witnessed.
6. Exhibit 7 is a 1 August 2002 memorandum from the Department of Justice Office of Legal Counsel to Alberto R. Gonzales, Counsel to the President of the United States. It is part of the packet of material released by the White House
earlier this year.
Although SPC Ambuhl did not participate in any of the alleged activities, the context for her inaction is important. LTCallereport has provided some of that context. This memorandum provides some additional context. It is uncontroverted that both MP and MI personnel participated in the activities at
Abu Ghraib. It has been reported widely in the press that GEN Miller in September 2003 advised that MI should use MPs at the prison to "set the conditions" for successful interrogations. GEN Miller was using his experience at Guantanamo Bay as his point of reference. Finally, it is uncontroverted that interrogators with experience in Afghanistan and Guantanamo Bay were brought to the prison in the Fall of 2003.
4 002250

It should be noted that, accepting the fact that the actions depicted in the
photographs at the prison were wrong, the Attorney General of the United States
stated otherwise. In the conclusion to the memorandum it states:
For the foregoing reasons, we conclude that torture as defined in and proscribed by Sections 2340-1340A, covers only extreme acts. Severe pain is generally of the kind difficult for the victim to endure. Where the pain is physical, it must be of an intensity akin to that which accompanies serious physical injury such as death or organ failure. Severe mental pain requires suffering not just at the moment of infliction but it also requires lasting psychological harm, such as seen in mental disorders like posttraumatic stress disorder. Additionally, such severe mental pain can arise only from the predicate acts listed in Section 2340. Because the acts inflicting torture are extreme, there is significant range of acts that though they might constitute cruel, inhuman, or degrading treatment or punishment fail to rise to the level of torture.
Further, we conclude that under the circumstances of the current war against al Qaeda and its allies, application of Section 2340A to interrogations undertaken pursuant to the President's Commander­in-Chief powers may be unconstitutional. Finally, even if an interrogation method might violate Section 2340A, necessity or self-defense could provide justifications what would eliminate any
criminal liability.
Thus, it is a matter in mitigation that SPC Ambuhl, with no corrections or
interrogation training, would be reluctant to question or report activities
conducted by MI and her superior non-commissioned officers. As thein
statement indicates, even her officers were reluctant to question MI. See Exhibit
3, page 2, numbered paragraph 6 (27 May 2004).
Conclusion:
The defense would ask the summary court-martial officer to consider the
factors above, the fact that SPC Ambuhl's unit has returned to the United States
months ago, the restrictions on her activities since March 2004, and her
5 002251

cooperation with the Government, and give a sentence that does not include imprisonment.
Respectfully submitted,
SPC MEGAN AMBUHL By Counsel
Civilian Det nse Counsel •
6 002252
Exhibit 1

002253
RECORD OF TRIAL
OF

MM.
SPC
(Name: Last, First, Middle Initial)
(Social Security Number)
(Rank)
HHC, 16th MP Bde (ABN)
III Corps

U.S. Army
Victory Base. Iraq
(Unit/Command Name)
(Branch of Service)
(Station or Ship)
BY
SPECIAL (BCD) COURT-MARTIAL
Convened by Commander

(Title of Convening Authority)
Headquarters. III Corps
(Unit/Command of Convening Authority)
Tried at
Baghdad. Iran on

19 Mav 2004
(Place or Places of Trial) (Date or Dates of Trial)
INDEX
RECORDArticle 39(a) Sessions R-2Introduction of Counsel R-2Challenges R-N/AArraignment R-8Motions R-N/APleas R-11Prosecution Evidence R-14Defense Evidence R-N/AInstructions on Findings R-N/A
Charge(s) dismissed
R-N/AFindings R-72Prosecution Evidence R-73Defense Evidence R-96Sentence
12
R-6
Appellate Rights Advisement R-125Proceedings in Revision R-NA
002254
NAME OF WITNESS PROSECU 'ION:
DEFENSE:
NOM Accused (unsworn) COURT: None.
EXHIBITS ADMITTED IN EVIDENCE

NUMBER OR

LETTER
1 2 3
A B C D E
I II III
IV
TESTIMONY
DIRECT/ REDIRECT
100/104 104 108
DESCRIPTION
Stipulation of fact POR and 2-1 Magazine article
Stipulation of expected testimony (C Stipulation of expected testimony (SG 15-6 Investigation Proof of employment Good soldier book
APPELLATE EXHIBITS
Request for military fudge alone Offer to plead guilty Quantum Post=trial and appellate rights
CROSS/ COURT RECROSS
102
107

PAGE WHERE
Oki+ ERED ADMITTED
14 17
73 73
74 [Not 8.741

96 97 96 97 98 98 98 98 99 99
7 53 53 125
ii 002255
1.

NJ:

You mentioned earlier that, at least now, Specialist1111111,
2 was there?
3.

ACC: Yes, Your Honor.
4.

MJ: And Sergeant
5.

ACC: Yes, Your Honor.
6.

MJ: So the group that was there for most of the time when you
7 were there were you, Sergeant

.

Corporal
8 11111111 Specialist Ma Specialist Ambuhl and PFC
9.

ACC: Correct, Your Honor.
10.

MI: Now, when you turned the hall, did all these people
11 participate in the abuse of these detainees?
12.

ACC: Negative, Your Honor.
13.

MJ: Who didn't?
14.

ACC: Specialist Ambuhl did not. She was upstairs. From what I
15 understood, she was actually in charge of the female and juvenile
16 side of that area. She was upstairs, and Sergeant First Class

18.

MJ: And correct me if I'm wrong, I believe you told me you saw
19 Sergeant
20.

ACC: Correct, Your Honor.
21.

MJ: Okay, as I go through these names, tell me what you saw
22 each of these individuals do. Sergeant...I

44.

002256
1.

ACC: Strike a detainee in the chest, Your Honor.
2.

Ma: Sergeant."'"
3.

ACC: Stomped on hands and toes, Your Honor.
4.

Ma: Corporal...
5.

ACC: Punching a detainee, Your Honor.
6.

Ea: Specialist"...
7.

ACC: Write the word "rapist" on an inmate's leg, Your Honor.
8.

MJ: And PFC111.1111
9.

ACC: PFC.was taking photos and laughing.
10.

MAI: And she was also the one....
11.

ACC: Stomping on the hands and toes.
12.

MJ: So, you turned the corner here and you escorted your
13 detainee in there. And you told me earlier, is you didn't know what
14 was going to happen, but as you get in there, you see what they're

15 going to do.
16.

ACC: Yes, Your Honor.
17.

MJ: And let's put Specialist Ambuhl to the side for a second,

18 but the other six and you, remember I talked to you earlier about

19 what a conspiracy is?
20.

ACC: Yes, Your Honor.
21.

Ma: And a conspiracy can be like two people getting together or
22 three people, and saying, "Here's our plan to rob the bank. You do
45

002257
1 this, you do that,' and then kind of talk it out and work it out and

2 then they may or may not go rob the bank. But that agreement's in

3 words. There's also a way to get an agreement just by actions, to

4 join in common actions indicating that each individual member of the

5 conspiracy are all agreeing with the object of the conspiracy. Do

6 you understand what I'm talking about there?

7.

ACC: Yes, I do, Your Honor.
8.

MJ:

And in this case, you're charged with conspiring with these

9 six other people. And again, let's put Specialist Ambuhl to the side
10 for a second. These six other people were conspiring to maltreat
11 these subordinates. Do you imaerstand that? And the subordinates in
12 this case are the detainees.
13.

ACC: Yes, Your Honor.
14.

MJ: Now, before you walked in there, did you ever discuss doing
15 this with them or anything like that?
16.

ACC: Negative, Your Honor.
17.

MJ: But once you got in there, by your actions and their

18 actions, do you believe and admit that you formed an agreement to

19 maltreat these detainees?
20.

ACC: Yes, I do, Your Honor.

46.002258

AFFIDAVIT
read or have had read to me this statement which begins on page 1 and ends on page 5. I fully understand the contents of the entire statement made by me. The statement is true. I have initialed all corrections and have initialed the bottom of each page containing the statement I have made this statement freely without hope of benefit or reward, without threat of punishment, and without coercion, unlawful influence or unlawful inducement.
Witness #1:
Rortrkit, C rner iour.x)·08-3E0 Subscribed and sworn before me, a person • law to PriMiniSter
O. is y of May 2004,
Witness 42:

Oath
Cr on A. istering Oath)
6 (b) (4) UCMJ

Authority to Administer Oath)
INITIALS OF PERSON MAKING STATEMENT PAGE 5 OF 5 PAGES
DA Form 2823-E FOR OFFICIAL USE ONLY 00952
002259

Exhibit 3

002260
..

rt-vzz. CJL
17TH 1'? DETACHME•

751394

10/12/2004 13:02.

..

PACE 02

18/11/2804 12:48.lASSTERN MD IWESTIGA

30174111111

11 Oct 04
Statement Addition:
former SGT. With the 3720 MP Company hereby make this statement concerning SPC Megan Arnbuld. This is an addition to my statement that has already been made on 27 May 04.
On the night of the alleged abuse incident that I witnessed which was on or about October 25*
On this night in question SPC Ambubl at no time in anyway became involved in nor did she engage in any of the interrogations or alleged abuse.
I personally did not witness this soldier (SPC Ambuhl) cora: out on the tier to even watch what was going on.
SPC Ambnhi from what I know about her coming from our original Unit the 35214 MP Company would not knowing or willfully in a sound state olmind abuse detainees.
Very Respectfully,
002261

7513

10/12/2004 13:02..17TH MP DETACHNS

• ¦••¦11. .4•0 • • ly • el 1=1 •••••• .••••••••¦¦•••¦¦
27 May 2064ATZM-7175-C •
lyt'alaRA14131)MF011. R.F:CORb
.,SUBJECT: Statemett atSGIIIIIIIMMIPHeadqu,srierrandileadquarters 6oroParty,
Gallivan rod Lee, `Virginia


1. My name is.Sarinitariligeadeparters'and Pleadquarteis Coropny, Garrison Fort
-Lee, 0-A 24 September 41,, ins gulped to .35214 M? Company, 22e11215rigade,
Gaitherslintg,14oryland: On 23 Februlty 2003, I was invitluntaily.atamferred to 372 m; MP •
ComPanYs Cgmberland, Maxyland. On 24 February 2003; my unit Was Mobilized and on 27.
:February 20'04,1atrivdd at Port Leo, Virginia. On L6 May 0b3, =Meets •or.372" 4 M2
-Company deplciyed front ForttekVirgtolato•Carnp Mita; Kuwait. I remained at Fort Les in
or;ler to undergo surgwy, On 21. epteraloer2003, after the atugaty, I.deployed to:an Pori Lee and
strived at anip Arifani ICtrWait: On 10 Septeraet goa, nell Camp Axitaii and on 1 MIA&

.. 2003.1 rarivted =the Baghdad OilireotionellPacitiy (ACF'/Abet Ciludo). 'vas =signed to 3 rd
. missions included ­
372'4413 Company. -My duty assignment was 'Ttunikader. Ivly platoon of
escort of detainees front BCP to.vartous coma #a Baghdad, as well a escorts of VEPs and •
contractors. 1 y iLuttiteeiwere locadoti rkplatoo.n .apyrotarnitely 400 titters zvay

• - frorn thdBCP her d-site: I was tint detailed to 'conduct any tnisslons ,nt the3(1V hard•site. .
2-, hexing the last•we4 of. October at approginutely 2200 ]tours1:werli over to Zoe BCF hard-site •
in.ordir to. spe4c.svidi.sritd111111Pay driVer. I friend svcgllIllktTtitr lA spacing:with his
MI= TaOPPtit*d drier 1A, I.ol'ostAted two t2).seviic;olelhbets (tits

Palinr•te•ePL
first*rvii*ntembe.wolv.hiatkil:ritoris, book: t-igit, at& stioiver.shces; to mond seMee
nterttber Fiore DCU',Oantiand*owni-ohlit). Irerceii:red both sexvine =anthers to re millotry
intelligence (MI). sz.vt botb:W401-diets•tandonff twit (2) titled Iraqi detainees to timbers:of

. calls on:oppogte saes: 1:then •:Tiitnessed the asfcie ilii soldieis hrieftfithe detainees together, . face to-gicA. goVilar-6=t4 iAlack PT ihotts znattiwn t-shitt.spgroachcal ine-and • •
-
grad nit in. turasat Ione pf voice: "Do re, thinkdie crossate liner or words io that etUt. I rtspentleti: "Zanimot sure,.yenitte or•ovis to lhat.effeot.. TheM1 soldier than stated that they we're iott:ver$,•rig,2.detaino41, and said: "We littiw whit we arii-doing,'` or watts to. ;Lit •

3. Ettbnquintly, troth MI scute' .walked back to•tkis cieigirttess septcatt# thr, and thea re­=6e•them to the yrs. 411e MI ipldieWestiq Pttbottitapptd ortt oirthetataitites.00 his .


buattics:isiith n pttstlo water batty Theo beth MI:151dietster;;ooffed tbaettineaugeflier. .

ThroAgho.vt tkis iitiagn4 btitY MI to1440ts, vial= ititetpxet er, orderid tite'dite.ineetto can se tv* the detail:Ler044w .coop cote, bath MI toldiers yellerhlt thein gild ordered CP4111.1p
-
to at the detainies. AtAblititites atogurr.ldsoldlir (wearing:DOI) pants etabiown .
* .tarryijn.sild thel;othets settned to took to:Ilim with zeiptatiel Wight his approval: 1 asimd -4.1„s:this I you:interrogate riatainoisr•o: word* to Oaf of t. The MI responcierftere are gig-Ionia wads to get iicione?" or vies& to tat elft. thts Ml sols ers esco#ed tht-Auk 6toietea • • •

f•
4. •
:•1
G02262.
.

10/12/2004 13:82.

7513w

17TH MP DETACH6i.PAGE 04

AUX-DPS-C
81J3J1iCvn Statement otS511111111111111r eadquartets Ind Hentiurters CrIMP211Y1
Gurisrai Volt Lee, Virenia

4. One of*: MI soldiers pointed to the ;gad detalptia end said, "Them eretha people who . '
-raped a littlabiyr or wads to' than. Then MilliarbgEtve, escorted a third
• . detainee to Thr 1A. SS01111.Psailthat this detainett assisted. thatape by holding down
the 'victim. Coe of the MI so ere than widths third datibata to get uottessed like the other

soldiers proceeded to yell at the detainee. Then; oat of
, • t%%t. Tile new detainee mese
thi M. soldiers ordered CP tell the detainee to get addressed. The third detainee
undressed-after. CPIUMelled et him.. Then thalsil soldiers ordered all three detiineet to low
.crawl on the float.. Whenthe detainees attempted to arch up, two of the Mi aoldie put pressure.
in the middle of their backs and yelled at1htmtO get down. Two MI soldiers then cuffed the :
detzlnees together. •

•.
. 5. After the detainees were again ktenauEed, I waked over and asted3he detainee to sell the
soldiers what . they needed Ichow• and that luta try to •Ike the NI soldiers stop. The detai4ee

• stated, Trough t#re intzpreter, that he Would not confess to something that he did not do. -I •
tutted to thaolder M1 soldier. sad asked hira with a raised yoke: "Did yon all ever consider that .
they guys greinnor.entr or *war& to that effect. The Mi soltSer risponded:"Ne been doing this .

. - •
longerthen youlve been'in the Military. Yam know, sergesun, -they are guilty," or words to that effra4:-1ibea turned to walk outrinithe Mt soldier WearingblaCk PT shorts shred to sprinkle wet on tht detainees from. his water bottle. While I itaa leving.the tier, x also observed one of ' the Mi sokbra 'on-the upper tier tOsSing a serf ball towflids the detainees. also tieVteed SPC :
dingin flit/ante and taking photos. I went beck to my LSA si approximately
2230: ithe timet returnedtel •tlYISA, airy= was already asleep.

- • . •

F0,110wing It:orates, atappraxitttetely 0;530, biong with SPCIIIMutd SPCMIlltleft the
BCF en rotsziort!to eieartdetaineu to Ituslifa Courthouse. -After completing the batt, et -

• riPlireihniddY 1600. Merit to ftlY platoon disoribed to hilt the
. Incideitt X witnessed the-preylous nigat. I infant* 21T111111Malvil soltHers.werc •
biterregatixtg naked deineks, rallillptatzdt'll:* are MI and they ere in e' age let them
do•their job.P.or yiortirto that effect 'I thea questibn2LT about who Was in .

charge lrf 0i:facility. I furthir veined:my concerns about our misdn and Otgazin4on. 2LT
fallPhen dolcaOw ledged my celtpiaint andadicated -that he will address it. Approximately
.:.tineivetli later CPLIWii.leti a Ni ritsentounseling statement from CFI ellierCr uta

exceisive force. a la about the.i.ounseling statement end I overheard- CPT
• IMPIndicatiog that hetouisseita milimpbr use of excessive farm
7,.4pioxiroatel,y one weekprior to the incidents I described tbcive, "spoke with mai&
•...andlymitited'that.CPLMOVoice -was horse. I eiked CPLOMPAy lie %vas Itoarte.. CPL
.,t c x king ltilnt.geIl atdetalnees'and:tio ti4ngs that be felt Were

111tatedathat ppik and .
CPL id not pravidA any details...1 told hitrinthen ain't do I4". or wards to that

• ra= . •stated thatMrsoldlersvOold tell.hirri after aa, e2pluelo,n iltat therm an tunericans out .
Thereidying:andunleiiholelps them get infonnition &Jut the dtnitille;t3 then-more Areer#an.s • .rile. CPLUIffrien kold irks that ha wits takitigliicturetto protect himself. i tild CPL
•11.111to trgethla'raeut:up-Uschis otpornmand. •
2
002263
• .
.

10/12/2004 13:02.

751 17TH VP DETAOHNE..PAGE 05

• • .
AT•214-DPS-C
Stilt McT: Statetnetit of SGIVILIMMIPIeidgvalters and Headquarters Compai,
CI-anis= Fort Lee, Vire:eh

i retained tolleilA.approximgely,one week lalerizt order to infbrao one of thz detainees of his Tee date. Az this tiatte r I dlifnot observe aro, itsalsral mallet by i MI personnel, 'Ms
warthelast titna I wept 'Atm '
.9_ in Novernizr 2003, wlile in Iraq, I ex/311=4 'post-surgery epmplieations. On 2 December 2003, my t reoeivecla. Red Crc* riaissa0 inforting zine that rriy.ratter cil:tarlince4 a vcrY
itrioillklisszniitaal I was plaza& Oh Entemenoy Leave EttataegAnd returned to D21I2s, Texa-ton
• 2 Mt e**er 2003. •Substviently,.; moiled to York Lae, Virginia caw pout 1 Thec=bFr 2003
in order to undergo tnedloal procedures.

10. In addition weczniptirre an ci the spoteoireotian, I reported the abovediarationettkold:ent
to my platoon. leader, iuram•Atla'sla Fort Lee, Virtrini41. informed the ,
. following, =ens othet, of al) , c4Icerns regarding the incident I wittetsed at BO:

Chaplain (LTC) IMPOirt Ltt) : S (WC Oartivon, Port T.4) • C Portiee) ' CP MC Mensal IalthCl3ttic, port L ee) CO (Reptr Chief vfStiff, USAR)-COL A, licit Let)artenta.* S steal, Fort Les) Cha lairs COL) ert Lee) •Ao, Fort Lea) US. Iftzie ofRepreiantatZves •/rne4.Servioes touz4itt6e-: Croceinber 2003 December 2003 December 24 P5 Xanalty 2004• . March 2004 ' March 2004 March 2004 Apti12004 April 2004 it 2004. •
11. l'OC is Floc
•••

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00,22.6 21
DOD 001223
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002265

DOD 001224

10/12/2004 13:02 751," 17TH t4P DETACHME . PAGE 07
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tie iratrAt ormati iwavogil AlaMIST' MAR ne Sin= of THE FfiVEWO•ati TWEATEW:gre e#PPItil'aor -. • strrre Et war.,4nrx C.C..:C
- - . .
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A FORM 232a,:tzte:16,1
1A-411001:00114.-Imm-
002266
10/12/2004 13:02 7511111 17TH MP DETACH- 'S PAa. lid
• „ HVERgAtt (A kuoir HAI: le= tO MITHgrtrtirghtar
' I, yOlieli S ON WM 1. AND rro:n GO FAQ . I NR.L.7 IMI,VirMill Tie rArellIfiTS OF Ilig OVUM isimolUNTMg* layME.-RatiATEmecr ;I "Mie I glag iiellAISb /411-VAPeatraM WS HAW ItirrtAa" 'Ng ierfrom a EA cwrAriz
FreELY V*1041401sw treargrratiltws.loRwrrproiar
. atirroocava wiz :nerved/1% r icAVE Priz5 rtrxrEMERT ..7)41AT 0 riAmrocirgr. Oct van.= CovArc+4.4:44A11,12a. Wizens ort vtar.A
002267

Exhibit 4
002268

S TI CERTIFICATION
This is to certify that the attached English language document,.
Schreiber Translations, Inc.
51 Monroe Street
identified as Personal Testimonies, is a true and accurate
Suite 101
translation of the original Arabic language document to the
Rockville, MD 20850
best ofour knowledge and belief.
P: 301.42M
P: 3 OL4 21E7 Executed this 19th day
of May, 2004

Schreiber Trans ations, nc.
51 Monroe Street, Suite 101
Rockville, Maryland 20850
ATA Member 212207 .
Schreiber Translations, Inc. uses all available measures to ensure the accuracy of each
translation, but shall not be held liable for damages due to error or negligence in
translation or transcription.
translo tionC schreiberne t.com
002269
www.schreibernet.com
I, hereby attest that prison guard, Megan treated the prisoners in solitary confinement with dignity and that we are much better after she has taken charge. May god be witness to the veracity of my testimony.
[Illegible signature} 05-02-2004
002270
UD/12/ZUU4.

rAA zullik.

1111.,Z2. IEJUL/4/VVI

"F C ·A.A
1/4,- L.--•F
..•
(.3~F •
C-5F

"k,2-0
002271

DOD 001230

In the Name of God
In Mahjar, I never had any problems with Maggie, the American lady; she was a very nice person in the prison and treated all prisoners, whether male and female, in a good manner. She always talked with the prisoners in a polite and pleasant way and if they had any complaints, she would make every effort to solve their problems. I never saw an inhuman behavior on her behalf, and never had any problems with her. Whenever I needed food she would bring it to me with a bottle of water, and would even give me cigarettes. She treated all the prisoners in the same way and most prisoners liked this American girl and respected her.
MIEMPillegible]
/signature/
02/05/2004
002272
U0/1Z/ZUU4 .W:UN rah, ZU2DOU.

feJUU411.01),
*r!'.
/....F/-.t1, (·7 L'; 1) r 1°-1 .4j 1. **;"› €54 1,'"dt": FCie
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-FI -.I •
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Val .7 z.
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:•:
002273

"In the Name of God The Compassionate, the Merciful"
I, hereby attest that guard Megan treated all prisoners correctly including myself. We had no
problem with her. She treated us well and was very amicable with everybody.

[Illegible signature]
05-02-2004

002274
UJI.I.414VU%

rew. LUGO.,

•• •.LEVUi/UUt

. 1tr-ct= 47 :;t i.
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.------. tr .t—zs. '.-)--i? ---:-)--2:-; ----
--c-.— .)--­
_ • ._.

mar
c_
002275

I, hereby attest that prison guard Maki was one of the best police officers in our jail together with Officer'''. Mr.1Eland Mr all of whom dealt with us in a humane manner. They provided us with everything we needed, especially, Maid who used to bring us medicines and mattresses. She also helped us when the US Police had us punished in solitary confinement. I
testify that this lady is incapable of Finishing a sole.
[Illegible signature]
05-02-2004
002276

05/12/2004 15:09 FAX 20253.TFLG

4005/007
lj"
"-1%- V F./2"'
1F42,1 cL;4
A,t;_i• 1 L\_,· .7;s· "
:u
• tre.=Li)
/ 0 /

002277
My name is and I t estify that Mickey w as n ice to everybody in
confinement. One day she was carrying some canned food and I asked her if I can have some but
she refused because it was pork. I have never witnessed her offend anyone.
May god be witness to the veracity of my testimony.

[Signed:
05-02-2004

002278
05/12/2004 15:09 PAZ 2025:

TWLG.

EQUOU/UU7

ro

;I
r Fcirts
1F1
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10; .*-2-A) .
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c.); (;) f.)

ummilumumr
‘11111111111111111
002279
Mika is a kind person and, during my stay in solitary confinement, I have never seen her punish anyone. She used to be nice and to take the Qura'an from one cell to the other so that we can all recite. When she brought the American foodstuff, she was always willing to exchange one bag for another to suit the prisoners' taste. Once she brought me Iraqi food that I longed for badly and she came all the way across some 30 cells in order to hand it to me. I respect her for her pleasant attitude with the detainees.
[Illegible signature] 05-02-2004
002280
.

05/12/2004 15:09 FAX 20253

TITLG vlivvIrvvr
rF
‘)-/FtvFIA 4.
•.c_y. LA
4

%....;•-•;.-)
:ice 1

002281

Exhibit 5

002282
REMOVED BATES PAGES 2283 - 2297
(RECORD OF TRIAL - SPC MEGAN M. AMBUHL)

(15 TOTAL PAGES)

DOCUMENTS CONSIST OF PERSONAL LETTERS WRITTEN TO THE
CONVENING AUTHORITY BY FAMILY AND FRIENDS ON BEHALF
OF SPC AMBUHL, WHICH WERE DETERMINED TO BE
NONRESPONSTVE TO PLAINTIFF'S FOIA REQUEST

Exhibit 6

002298

OFFICE OF THE CLERK OF COURT
US ARMY JUDICIARY
ARLINGTON, VIRGINIA 22203-1837

THE RECORD OF TRIAL HAS BEEN REVIEWED FOR RELEASE UNDER THE
PROVISIONS OF THE FREEDOM OF INFORMATION ACT. THE DOCUMENT[S]
DESCRIBED AS FOLLOWS HAS [HAVE] BEEN REMOVED FROM THIS COPY OF
THE RECORD BECAUSE THE RELEASE WOULD BE IN VIOLATION OF THE DOD
FREEDOM OF INFORMATION ACT PROGRAM, DOD 5400.7-R, EXEMPTION

(b) (6)
Memorandum - Psychological Assessment

002299

Exhibit 7
'
902300
REMOVED BATES PAGES 2301 - 2346
(RECORD OF TRIAL - SPC MEGAN M. AMBUHL)

(46 TOTAL PAGES)

DOCUMENTS CONSIST OF A MEMORANDUM FOR ALBERTO R.
GONZALES RE: STANDARDS OF CONDUCT FOR INTERROGATION
UNDER 18 USC 2340-2340-A, DATED AUGUST 1, 2002

JOT OFFICE OF LE6-AL_ AND REFERRED TO MINNOINIMINIMMIIMCOUNSEL ON 31 MARCH 2004
073 0 0 A
DOD 001246
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION IX, BAGHDAD FIELD OFFICE
CAMP VICTORY, IRAQ
APO AE 09342

EPLY TO
TTENTION OF:

FICI-JAJBFO 29 October 2004
MEMORANDUM FOR LTC
Summary Court-Martial Officer, Headquartersand Headquarters Company, 57th Signal Battalion, APO AE 09342
SUBJECT: Request for Confinement Credit — United States v. SPC Megan M. Ambuhl
1.
The accused, through counsel, respectfully requests that the Summary Court-Martial Officer grant SPC Ambuhl 28 days of credit toward any approved sentence of confinement. SPCAmbuhl is entitled to 15 days credit for restriction tantamount to confinement, 8 days for a violation! of Rule for Courts-Martial (R.C.M.) 305(i), and 5 days for the command's violation of Article 13, Uniform Code of Military Justice (U.C.M.J.). At a minimum, the defense requests that you consider the restrictions unduly imposed on SPC Ambuhl as extenuation and mitigationat sentenbing.

2.
UnlaWful pretrial punishment and circumstances tantamount to confinement are evaluated accordini to the totality of the circumstances. See United States v. Herrin, 32 M.J. 983, 985

(A.C.M.R. 1991); United States v. AMMO M:F..528-,-570 (itt..Mr­
.1601985). The defense
requests bonfinement credit under three separate and distinct principles of law. Each is addressed
separate13, below:
a. Restriction Tantamount to Confinement. A soldier is entitled to day-for-daysentence credit for any pretrial restriction equivalent to confinement.
United States v. Mason, 19
M.J. 274!(C.M.A. 1985). A determination of restriction tantamount to confinement is made under a totality of the circumstances. Factors to consider include the limits of the restriction, access to facilities, whether the soldier is singled out by the command, and whether the soldier is permitted to continue normally assigned duties. See United States v. Sassman, 32 M.J. 687, 690
(A.F.C.M.R. 1991); United States v. Russell, 30 M.J. 977, 979 (A.C.M.R. 1990). SPC Ambuhlshould be granted at least 15 days of credit for restriction tantamount to confinement.
(1) Time period of 20 August 2004 — 3 September 2004: From 20 August 2004through 3 September 2004, SPC Ambuhl suffered restriction tantamount to confinement by being under 24hour supervision by a military police non-commissioned officer (NCO). On approximately 19 August 2004, SPC Ambuhl and her assigned military defense counsel traveled from Baghdad through Kuwait to Manheim, Germany, for a scheduled court appearance in Germany. Upon SPC Ambuhl's arrival at Taylor and Coleman Barracks in Germany, the government subjected her to greater restriction than she had ever faced at Camp Victory, Iraq, a war-zone SPC Ambuhl was not allowed to leave her temporary barracks building without an escort. She was not permitted to go anywhere without this assigned E5 "shadow." SPC Ambuhl
d'L2.24.7*

FICI-JA-BFO
SUBJECT: Request for Confinement Credit United States v. SPC Megan M. Ambuhl

could not leave her barracks to meet with either of her attorneys unless the escort was present.
SPC Ambuhl could not leave her barracks to go to the Shoppette unless her escort was present.
SPC Ambuhl could not leave her barracks to attend religious services on-post unless her escort
was present. Even in the presence of one, or both, of her defense attorneys, SPC Ambuhl was
not to be without this NCO escort. On one occasion when SPC Ambuhl was at a video
teleconference with her attorneys at an on-post conference room, she was not allowed to walk
down the hallway to use the latrine without her escort. For this "infraction," the NCO publicly
chastised SPC Ambuhl. This type of restriction goes well-beyond the bounds allowed in the
military justice system.
(2) Time period of 6 February 2004 —30 October 2004:
The actions of the
command as early as 6 February 2004 are restriction tantamount to confinement. On 6 February 2004, the government moved SPC Ambuhl away from her regular duties at Baghdad Central Correctional Facility (BCCF) at Abu Ghraib. The government separated SPC Ambuhl from her unit and reassigned her to an unknown unit at Camp Victory. By moving SPC Ambuhl to a different base, under the circumstances of deployment, the command effectively isolated and restricted the soldier. When, in a deployed environment, a soldier is reliant on her battle-buddies and her squad. The command moved SPC Ambuhl from that emotionally-secure environment. She no longer lived, worked or socialized with her squad or platoon. She had little to no contact with her platoon during the time she was at Camp Victory. Se was moved to an unfamiliar post where he knew only approximately four junior enlisted soldiers. The acts of the command were intended as restriction tantamount to confinement and were done to punish the soldier.
Another factor that contributes to the reasonable conclusion that SPC Ambuhl suffered restriction tantamount to confinement, if not also pretrial punishment was the seizure and removal of her issued weapons. The command took SPC Ambuhl's weapons from her on 20 March 2004. Despite repeated requests by the soldier, the command never returned any of her weapons to her; nor did the command provide any reason for its decision. In the Iraq Theater of Operations a weapon is a part of each soldier's assigned uniform. The obvious absence of a weapon signals to others that the particular soldier is different. The command had no legitimate reason to seize SPC Ambuhl's weapons, other than punishment and restriction. SPC Ambuhl was not a threat to those around her, nor was she charged with a crime of violence using a weapon. She never threatened to shoot any fellow soldiers or herself. To prohibit SPC Ambuhl from carrying a weapon on Camp Victory, a base under constant mortar and small arms attacks, for force protection was a decision made by the command designed to punish the soldier. At no time during the investigation of the allegations has SPC Ambuhl been identified as a flight risk, thus to remove her weapons so she would not leave post is an invalid argument, and reveals thecommand's bias against the soldier.
Additionally, since 6 February 2004, SPC Ambuhl was not permitted to continue her normally assigned duties. Instead, SPC Ambuhl was singled-out and ordered to work extra duty
2
002348

FICI-JA-BFO SUBJECT: Request for Confinement Credit — United States v. SPC Megan M. Ambuhl
type details. The factor on which the SCM should focus is not whether the tasks performed by SPC Ambuhl were those normally assigned to an E-4, but rather that the tasks were assigned to SPC Ambuhl because she was facing UCMJ action. Absent the pending UCMJ action, SPC Ambuhl would have performed the duties of a 95B. She was denied the opportunity to contribute meaningfully to her unit and was forced to do menial tasks.
During her assignment to HHC, 166 MP Brigade, SPC Ambuhl and several of her co­accused were treated like complete outcasts by the command. SPC Ambuhl did not take part in regularly-scheduled company missions or taskings. Instead, she and the co-accused, were given special assignments, tasked directly from the company 1SG. Some of the tasks to which ISG
assigned SPC Ambuhl were: to pick up trash and cigarette butts along the road on Camp
ictory; to paint "no parking" curbs on Camp Victory; and to fill sandbags on a daily basis. Adding insult to injury, the 1SG directed that these tasks be performed in areas that were not assigned to HHC, 16th MP Brigade and were not in the Brigade AO. SPC Ambuhl was only allowed to work with the other co-accused or other soldiers facing UCMJ action; as such, she was easily distinguished from other soldiers. SPC Ambuhl was forced to endure taunts from fellow soldiers while completing these tasks out on the main thoroughfares of Camp Victory. She suffered further degradation when other soldiers took photos of her sweeping the streets. When a ed by SPC Ambuhl to intervene on numerous occasions, 1SG- and CPTIIIIF
did nothing. What defies logic is that the government had no issue with assigning SPC Ambuhl to I&R duties at BCCF, an area in which she had no experience; but once the soldier was moved to Camp Victory she easily could have performed tasks in her assigned Combat Support operations role.
Another factor to consider in determining if the command subject SPC Ambuhl to restriction tantamount to confinement is whether or not she was entitled to leave the Camp Victory AO, much less Iraq. She is entitled to credit because her command punished her by requiring her to remain in Iraq for approximately 18 months without even the opportunity for R&R leave or a 4-day pass. From February 2003 through February 2004, the Army assigned SPC Ambuhl to the 372 nd Military Police (MP) Company. On 12 March 2004, the government arbitrarily reassigned SPC Ambuhl to an unfamiliar company, HHC, 16 th MP Brigade. As aresult of this arbitrary reassignment, SPC Ambuhl was treated as an outcast by her new command and forced to remain in Iraq for several months past the redeployment of her true company, the372nd MP Company. During her entire deployment, SPC Ambuhl was not granted the opportunity to take leave or her authorized and encouraged two weeks of R&R. Once it became clear that she would be required to remain in theater, SPC Ambuhl request leave, on several occasions, through the appropriate channels in her company. She was denied leave on each occasion. Unlike other soldiers of equal rank, SPC Ambuhl was not granted any 4-day passes and was denied the opportunity to relax at a place like Qatar or in the northern mountains of Iraq. These factors contribute to the determination that the company imposed restriction tantamount to confinement on SPC Ambuhl.
3
002349

FICI-JA-BFO SUBJECT: Request for Confinement Credit — United States v. SPC Megan M. Ambuhl
b. Violation of R.C.M. 305: When restriction is tantamount to confinement, the procedures for review of the propriety of pretrial confinement set forth in R.C.M. 305 are triggered. If the government fails to comply with those procedural requirements, day-for-day credit for those days of noncompliance is required. United States v. Gregory, 21 M.J. 952
(A.C.M.R.
1986), aff'd, 23 M.J. 246 (C.M.A. 1986). The command subjected SPC Ambuhl to restriction tantamount to confinement from 20 August 2004 through 3 September 2004. This restriction should have been reviewed within 7-days of its imposition, JAW R.C.M. 305(i)(2); thus, the review should have occurred no later than 26 August 2004. The government never conducted a review of this restriction but rather chose to end the restriction on 3 September 2004 when SPC Ambuhl left Germany to return to Iraq. SPC Ambuhl is entitled to additional administrative credit under R.C.M. 305(k) as a remedy for the government's failure to follow this rule. The defense requests and additional 8 days of credit for the period from 27 August 2004 through 3 September 2004 for the government's failure to review SPC Ambuhl's restriction tantamount to confinement under R.C.M. 305(i).

c.
Unlawful Pretrial Punishment Under Article 13, UCMJ. SPC Ambuhl suffered hostile and degrading treatment from the government and the leadership of her company and is entitled to credit for unlawful pretrial punishment under Article 13, U.C.M.J.

Pretrial punishment is forbidden in accordance with Article 13, U.M.C.J., 10 U.S.C. § 813, which states that:
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence...
The Court of Military Appeals in United States v. James, 28 M.J. 214 (C.M.A. 1989),
adopting the standard in Bell v. Wolfish, 441 U.S. 520 (1979), set out a two-prong test to determine if a violation of Article 13 has occurred. The Court should first decide whether the particular conditions were imposed with the intent to punish. See id. at 216. If the answer is yes, then the conditions are punishment and the Court should consider a sentence credit. See id. If the answer is no, the Court should inquire as to whether the purposes purportedly served by the
conditions are reasonably related to a legitimate governmental objective. See id. Ilya restriction or condition is not reasonably related to a legitimate goal — if it is arbitrary or purposeless -- a court permissibly may infer that the purpose of the governmental action is punishment." Bell 441 U.S. at 539.
Military appeals courts have routinely and "unequivocally" condemned conduct by those in positions of authority which result in needless military degradation, or public denunciation or humiliation of an accused." United States v. Latta, 34 M.J. 596, 597 (A.C.M.R. 1992), citing
4
002350

FICI-JA-BFO
SUBJECT: Request for Confinement Credit — United States v. SPC Megan M. Ambuhl

United States v. Cruz, 25 M.J. 326 (C.M.A. 1987). Specifically, "public denunciation by the
commander and subsequent military degradation before the troops prior to courts-martial
constitute unlawful pretrial punishment prohibited by Article 13." Cruz 25 M.J. at 330. The
court further denounced the unnecessary public identification of an apprehended person as a
criminal suspect. See id. at 331 n.3.
Accused soldiers may be entitled to credit toward an approved sentence if they are
repeatedly subject to disparaging remarks by the command. See United States. v. Stamper, 39

M.J. 1097, 1100 (A.C.M.R. 1994) (awarding credit based on disparaging remarks by a company
commander regarding a larceny the accused allegedly committed). In such instances, "these
remarks chipped away at the accused's presumption of innocence." Id.

Further, Article 13 credit
can be granted for actions of the command toward the accused soldier when "some of the
[restraints] bore no relation to the purposes of his restriction and were unnecessary to his
presence." United States v. Cannel, 4 M.J. 744, 748 (N.C.M.R. 1977).
In addition to the behavior of the command described in paragraph 2a(2) of this
memorandum, SPC Ambuhl was further subjected to unlawful pretrial punishment. 1SG wir
routinely, punished SPC Ambuhl by making her do menial manual labor. While this activity
itself is no unexpected for junior-enlisted soldiers, 1SG West would require of SPC Ambuhl
labor that was being done by contractors. For example, the 16 th MP Brigade hired contractors to
fill sandbags and Hesco barriers to fortify the tents of 16 th MP Brigade soldiers. 1SG pm
prohibited the contractors from fortifying SPC Ambuhl's tent and required her to do it without
the assistance of contractors. Further, he required her to conduct such tasks during non-duty
hours. The only reason for these decisions was to punish SPC Ambuhl.

1SGIIII also subject SPC Ambuhl to degrading comments. Repeatedly, he would comment to SPC Ambuhl and others about her guilt. He would berate her about how she alone brought down the reputation of the company and the U.S. Army. 1SGIligmade these inappropriate comments directly to SPC Ambuhl and to any NCO or junior enlisted soldier that would listen. Such behavior on behalf of the company 1SG belies the presumption of innocent until proven guilty and erodes any confidence among soldiers in the military justice system.
On one dccasion, SPC Ambuhl volunteered to help fill backpacks with school supplies. After spending several days with just one or two other soldiers, filling dozens of packs, SPC Ambuhl requested to be permitted to go with members of BHC to distribute the backpacks to local Iraqi children. Her request was denied because she was a "criminal." To worsen the humiliation to SPC Ambuhl, other members of BHC, 16 th MP Brigade, received (and took)
credit for her work and received positive publicity in "Stars and Stripes." The command knew that distributing the backpacks to Iraqi children was important to SPC Ambuhl; they knew that it mattered to her. The command's denial of this request can be deemed as nothing less than
punishment to the soldier.
5
002351
FICI-JA-BFO
SUBJECT: Request for Confinement Credit --United States v. SPC Megan M. Ambuhl

SPC Ambuhl is entitled to additional credit under Article 13, UCMJ, for unlawful pretrial punishment for the actions by his chain-of-command and for the unnecessary comments made by the unit leadership. See Latta 34 M.J. at 597, United States v. Villamil-Perez, 32 M.J. 341, 343 (CMA 1991); Cruz, 25 M.J. at 330. The hostile treatment was demeaning to SPC Ambuhl and chipped away at her presumption of innocence. See Stamper, 39 M.J. at 1100. There is no set formula for calculating credit for pretrial punishment. If the military judge finds that illegal pretrial punishment occurred, he or she determines the sentence credit to which the accused is
entitled. The military judge may order more than day-for-day credit for illegal pretrial
punishment. See United States v. Suzuki, 14 M.J. 491 (C.M.A. 1983).

3. Further, under the principle of parity, SPC Ambuhl should be anted at least 20 days credit
toward any sentence of confinement. On 21 October 2004, SS

plead
guilty at a Gen6ral Court-Martial to several violations of the U.C.M.J. At trial, the military judge approved an agreed-upon 20 days credit toward SSG approved sentence ofconfinement. The defense position is that HI-IC, 16 th MP Brigade, kept SSG
under the
same conditions as those suffered by SPC Ambuhl. While a non-commissioned officer, SSG
Mgsuffered similar degrading and humiliating treatment by the company and was subjected to substantially the same escort requirements as SPC Ambuhl from 20 August 2004 through 3 September 2004. Though the substance of these soldier's offenses differ significantly, as do their degrees of culpability, the restriction tantamount to confinement and pretrial punishment were substantially the same. Parity and justice require that SPC Ambuhl, at a minimum, be granted 20 days of credit toward any adjudged sentence of confinement.
4. Under the totality of the circumstances, SPC Ambuhl's chain of command kept SPC Ambuhl under restriction tantamount to confinement and unlawfully punished her prior to trial. SPC Ambuhl is entitled to 15 days credit for restriction tantamount to confinement, 8 days for a violation of R.C.M. 305(i), and 5 days for the command's continued violations of Article 13,
U.C.M.J. The defense request should be granted and SPC Ambuhl should be awarded an
appropriate amount of credit toward any approved sentence of confinement.

5. Questions concerning this memorandum may be addressed to the undersigned via email at
or by telephone at DSN: (312) 521

CPT, JA Trial Defense Counsel
6
002352
DEPARTMENT OF THE ARMY
Headquarters, III Corps
Victory Base, Iraq
APO AE 09342-1400

AFZF-CG F JUL 2 1 2004
MEMORANDUM FOR Staff Judge Advocate
SUBJECT: Disposition of the Court-Martial Charges Preferred Against Specialist Megan M. Ambuhl (:'
The recommendations of the Staff Judge Advocate are approved. The attached original charges and additional 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. In accordance with RCM 601(e)(2), the additional charges and their specifications are joined with the original charges and specifications.
THOMAS F. METZ Lieutenant General, USA Commanding
002353
, 4 1 204
AFZF-JA-MJ
MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Advice on Disposition of the Court-Martial Charges Preferred Against
Specialist Megan M. Ambuhl ( • —ACTION MEMORANDUM
1. Purpose. To forward for disposition, in accordance with Rule for Court-Martial (RCM) 407, the court-martial charges against Specialist Megan M. Ambuhl, Headquarters and Headquarters Company, 16th Military Police Brigade, Ill Corps, Victory Base, Iraq.
2. Recommendations.
a.
Chain of Command. As reflected by the court-martial charges transmittal memoranda, the soldier's commanders recommend referral of the charges and the additional charges to a general court-martial.
b. Staff Judge Advocate. I recommend you refer the attached charges and additional charges, as well as 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, with instructions that the additional charges be joined with the original charges.
c.
Article 32 Investigation. As reflected by the Investigating Officer Report, the Article 32 Investigating Officer recommended that Charges III (maltreatment) and IV (indecent acts) not be forwarded for trial and that the remaining charges be forwarded to a general court-martial. The additional charges were not preferred before the Article 32 investigation; however, the evidence supporting the additional charges was investigated at the hearing.
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 1111111111at DSN 318-822
Ends
1.
Charge Sheet (20 Mar 04) COL, JA

2.
Charge Sheet (13 Jul 04) Staff Judge Advocate

3.
Transmittal Memoranda

002354
4.
Article 32 Investigation

5.
Allied Documents

AFZA-AP-HHC
MEMORANDUM FOR RECORD
SUBJECT: Service of Referral of Charges in the Case of United State v. Specialist Megan M. AmbuhL
1.
I hereby acknowledge that the initial and additional charges against me were referred to General Court-Martial on 21 July 2004. (further acknowledge receipt of said Charge Sheet, Continuation Page(s), and Court-Martial Convening Order(s).

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

,-/
ME IAN M. -AMBUHL SPC, USA
7.3 3-u/ ag
(date)
002355
AFZA-AP-H H C
MEMORANDUM FOR RECORD
SUBJECT: Accused Receipt of Referral of Charges
1.
I hereby acknowledge that on 23 July 2004 Specialist Megan M. Ambugwas served a copy of the Charge Sheets, Continuation Page(s), and Court-Martial Convening Order(s).

2.
Due to the unavailability of government counsel block 15 of the charge sheet will be filled out at a later date.

'SGT, USA Paralegal
002356
AFZA-AP-HHC
MEMORANDUM FOR RECOR
SUBJECT: Service of Preferral States v. S•ecialist Me an M. A
1.
I hereby acknowledge that th preferred on this i3 day of Further, I hereby acknowledge r

2.
1 further understand that I sh further advice in my case.

f Additional Charges in the case of United
buhl

additional charges against me were read and , at 0 St 2-hours. ceipt •f said charge sheet(s) and allied papers.
uld contact my attorney as soon as possible, for
MEGAN M. AMBUHL
SPC, USA

002357

DEPARTMENT OF THE ARMY Headquarters and Headquarters Company., lei Military Police Brigade (Airborne) Victory Base, APO AE 09342
28 JUN 04
AFZA-AP-HHC
MEMORANDUM FOR RECORD
SUBJECT: Assumption of Command
IAW AR 600-20, Chapter 2, Paragraph 3a, the undersigned assumes command of
Headquarters and Headquarters Company, 16 th Military Police Brigade (Airborne) (WFP6AA), Victory Base, Iraq, APO AE 09342, effective 0001 hours on 28 JUN 04 to 2400 hours on 17 JUL 04.
CPT, MP Commanding
DISTRIBUTION:
1-Cdr, 16th MP BDE (ABN)
1-Cdr, HHC, 16th MP BDE (ABN)
1-Bcie S-1, 16th MP BDE (ABN) 1-Bde S-2, 16th MP BDE (ABN) 1-Cdr, 15Th PSB, Victory Base PSB 1-Cdr, 15Th Finance Battalion, Victory Base 1-Office of the Staff Judge Advocate 1-Individual
002358

AFZA-AP-HHC

13 IA, 0/4
MEMORANDUM THRU Commander, 16 th Military Police Brigade (Airborne), Camp
Victory, Iraq APO AE 09342
FOR Deputy Commander, Ill Corps, Victory Base, Iraq APO AE 09342
SUBJECT: Transmittal of Additional Court-Martial Charges — United States v. SpecialistMegan M. Ambuhl
1. Pursuant to R.C.M. 401(c)(2) and 402(2), Manual for Court-Martial, United States (2002 Edition), forwarded herewith are the additional court-martial charges pertaining to
Specialist Megan, -
, HHC, 16th MP Bde (Abn), Camp Victory, Iraq APO AE09342.
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 (empowered to adjudge a Bad Conduct Discharge)
d. eral Court-Martil.

Ends as
81111111.PT, MP Commanding
002359

AFZA-AP-CO
11.4ui26114
MEMORANDUM FOR Deputy Co mander, Multi National Corps - Iraq, Victory Base,Iraq APO AE 09342
SUBJECT: Transmittal of Initial ar d Additional Court-Martial Charges — United States v.Specialist Megan M. Ambuhl
1. 1 have reviewed the enclosed initial and additional court-F' I charges and Article
32 Report pertaining to Specialist egan M. Ambuhl, F
HHC, 16th MP Bde
(Abn), Victory Base, Iraq APO AE 9342.
2. I recommend that the enclosed charges and specifications be referred to trial by
a. Summary Court-Ma id
b. Special Court-Marti I
c. Special Court-Marti (empowered to adjudge a Bad Conduct Discharge)

dFeneral Court-Marti-I.
Ends noF
COL, M Commanding
2
002360
AFZA-AP-HHC
MEMORANDUM FOR RECORD
SUBJECT: Service of Preferral of Charges in the case of United States v.Specialist Megan M. Ambuhi
1. I hereby knowledge that the charges against me were read and preferredon this 2.0 day of mA ItCH , at 2221
hours. 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
trailer B12, Camp Victory, Iraq, at
spe. Arv„
MEGAN M. AMBUHL SPC, USA
002361
AFZA- P-HHC

.O Ma ..1, MEMOI
NDUM THRU Commander, 16th Military Police Brigade (Airborne), Camp
Victory, Iraq APO AE 09342
FOR D

puty Commander, Combined Joint Task Force Seven, Camp Victory, Iraq APOAE 093 2
SUBJECT: Transmittal of Court-Martial Charges — United States v. Specialist Megan
M. Ambbh1
1. Purs Jant to R.C.M. 401(c)(2) and 402(2), Manual for Court-Martial, United States
(2002 Edition
ded herewith are the court-martial charges pertaining to SpecialistMegan, HHC, 16th MP Bde (Abn), Camp Victory, Iraq APO AE 09342.
2.

Doc mentary evidence upon which the charges are based is enclosed.
3.
All m terial witnesses are expected to be available at the time of trial.

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

5.

I rec•mmend that the charges and specifications be referred to trial by
Summary Court-Martial
Special Court-Martial

Special Court-Martial (empowered to adjudge a Bad Conduct Discharge) eneral Court-Martial.
Encls as CPT, MP Commanding
CERTIFICATE

I HEREB1 CERTIFY THAT I AM THE CURRENT CUSTODIAN OF THE PERSONNEL RECORDS OF SPECIALIST MEGAN M. AMBUHL, , HNC 16TH MP DE (ABN) VICTORY BASE, IRAQ APO AE 09342, AND THAT THE ATTACHr PERSONNEL QUALIFICATION RECORD & DA FORM 2-1 IS A TRUE AND ACCURATE COPY AS MAINTAINED; IN ACCORDANCE WITH REGULATION, IN THE SOLDIER'S RECORDS.

4111Pair
2LT, AG
Brigade Adjutant
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TION II -CLASSIFICATION AND ASSIONMENT DATA (Con
02108A4650SECTIONI -IDENTIFICATIOr
MIL ITARYOCCU PA TIONALSPEC IAL TIES
I. NAME
AMBUHL MEGANMARY SECTION II -CLASSIFICATIONANDAS
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27 . REMARKS
SECTION IX -RESERVE COMPONENT DAFA
I 32aREADY RESERVE OBLIGATION EXPIRAT ION DATE:FQ-(2-L-9-151
IFB.DA FORM3726 OR 3726-1AGREEMENT EXPIRATION DATE:
I c.SERVICE OBLIGATION EXPIRATIONDATE : 07-7;13r—

(2DiDATE DAFORM 2013 PREPARED :
1
1Fd.MANDATORY REMOVAL F ROM ACTIVE STATUS:
?30 DATE DUPLICATE DAFORM 2-1 SUBMITTED:
CP
aRETIREMENT YEAR END ING DATE:
'n
REPORT OF CHANGES 1F
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002318
DOD 001268
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I35. • RE CORD OF ASSIGNMENTS I I CONT
EFFECTIVE ORGANIZATION AND STATION
cum'MOSC PRINC IPAL. DUTY
TYP E
_ .
. _A AA
OROVERSEA COUNTRY REPORT
OIVIJA OIN/IJA d3 de
SAVE SNO
AVO 03 1VU Alf10
•N
DATE
DEPARTMENT OF THE ARMY
HEADQUARTERS, 16" MILITARY POLICE BRIGADE (AIRBORNE)
CAMP VICTORY, IRAQ, APO AE 09342

REPLY TO
ArlaTIOW CF
ORDERS 72-5 12 March 2004
AMBUH , MEGAN M., SPC, 95B10,(INT ), APO AE 09342 372nd Military Police Company
You are attached or released from attachment.

Attached to: HHC, 16 th Military Police Brigade (Airborne) (WFP6AA) APO AE 09342
Reporti g Date: 12 March 2004Period: Indefinite Movem nt Designator Code: NZO3
Addition I Instructions: You are attached for personnel service support to includeAwards nd Decorations, UCMJ, and all other forms of personnel and legal
adminis ration support.Format: 745
111111116
CPT, MP
Brigade Adjutant

DISTRIOUTION:
CDR, 37}.2nd MP CO (1)
CDR, HHC16th MP BDE (ABN) (1)

File (1) ,
Individu I (3)

002370
REPORT TO SUoPEND FAVORABLE PERSONNEL ACTIONS (FLAG)
For
use of this form, see AR 600-8-2; the proponent agency is MILPERCEN.
SECTION 1
ADMINISTRATIVE DATA
1. NAME (Last, First, I) -
2. SSN
3. RANK
AMBUHL, MEGAN
4. E-4/ SPC
X1 On acti e duty

1
Not on active duty 5. ETS/ESA/MRD
nOn ADT 20080128
6. UNIT ASSIGNED ANI ARMY MAJOR COMMAND
372ND MP CO 7. STATION

(Geographical location)
99TH RRC 372ND MP CO
8. PSC CONT ABU GHRAIB, IRAQ APO AE 09335
ACTION AND TELEPHONE NUMBER

MSG
CPL

9. THIS ACTION IS TO:
Transfer a flag
Remove flag
(Sections III and V only)· (Sections IV and V only)
SECTION II - INMATE A FLAG
1 0.
1
lx1 A FLAG IES INITIATED, EFFECTIVE 20040125
FOR THE FOLLOWING REASON:

ON-TRANSFERABLE
TRANSFERABLE
)A verse action (A)
1S1 I I APFT failure (J)
. Elitnination - field initiated (8)
ri
Weight control program (K)
II Reoyal from selection fist -field initiated (C)
• Referred OER ID)
Se urity violation (E)
HOA use only - elimination or removal from selection list (F)
SECTION III - TRANSFER A FLAG
11. n
F A FLAG I TRANSFERED FOR THE FOLLOWING REASON:

FII Ad erse action - HODA directed reassignment (G) APFT failure (J)
Li Ad erse action - punishment phase (FE) Weight control program (K)
1-1 Supporting documents attached? [7 Yes IIF
No
SECTION IV - REMOVE A FLAG
12.
. A FLAG IS REMOVED, EFFECTIVE
FOR THE FOLLOWING REASON:

Cas closed favorably (Cl CFSoldier transferred to a different Army component or discharged while case in process
0F
(destroy case file)
(El
Li F
1FI Disciplinary action taken (D)
Other final action (El

SECTION V - AUTHENTICATION
)ISTRIBUTION
1 - Unit Commander
1 - F&AO
1 - PSC

1 - Commander, gaining unit
(transfer flag only)
[AM RANK, TITLE.
RGANIZATION
SIGMA
MP Commanding DATE
2nd ice pany
-Rj-1:1-4.,1 0 1/

1A FORM 268, JUN 7
EDITION OF 1 JAN 80 IS OBSOLETE. 0FDA2ra7
DOD 001271

1
HEADQUAr,.,..LRS, 99TH REGIONAL SUPPORT COL.._
99 SOLDIERS LANE
CORAOPOLIS, PENNSYLVANIA 15108-2550

.

21 February 2003

ORDE S M-052-0 02

SPC

AMBUHL MEGAN 1ARY

COMBAT SUPPORT (WTEZAA)
CUMBERLAND, MD 21502-5605

0372 MP CO.

You are order =d to Active Duty as a member of your Reserve Component unit for the
per'od indica ed unless sooner released or unless extended. Proceed from your
cur•ent locat on in sufficient time to report by the date specified. You enter

act,ve duty u on reporting to unit home station.

COMBAT SUPPORT (WTEZAA), 14418 MCMULLEN HWY SW,
C.

Rep rt to: 037' MP CO.

ERLAND, MD 21502-5605 Report On: 24 February 2003
Report to: Fo t Lee, Building P6008, Fort Lee, VA 23801 Report On: 27 February
20C3

Per od of act ve duty: 365 Days
Pur•ose: Mobi ization for ENDURING FREEDOM

Mob lization ategory code: "V"
Add tional ins ructions: 01, 02, 03, 04, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15,
16, 17

FOR ARMY USE
AUT ORITY: H •A MSG 171644ZFEB03/DAMO-ODM/ORDTYP/MOBORD/HQDA ONE/OEF NO.322-03
Acc•unting c ssification:

2132010.0 00 01-1100 P1W1C00 11**/12** VFRE F3203 5570 599999
2132010.0 00 01-1100 P2W2000 11**/12** VFRE F3203 5570 599999
2132020.0 00 01-1100 P135198 21**/22**/25** VFRE F3203 5570 S99999

Se : F

MDS: PM
PM S/AOC/ASI LIC: 95B10
HOR
PE D: 29 Ja uary 2002

DO• : 29 Janu y 2002
Se urity cle rance: SECRET
Co p: USAR
Fo mat: 165

FO THE CO NDER:
****************************************
*
OFFICIAL
99TH REGIONAL SUPPORT COMMAND.

*

******** ******* ************ ******* ******
11101111M1111111111111
M20
DI TRIBUTIO/N: M1 PLUS

MILITARY PERSONNEL OFFICER

IVIDUAL•NCERNED (4)
Fp ILY ASSISTANCE OFFICER (1)

M RJ
F ILE.(0R/GI.

1)

002372

CAUTION: NOT TO BE USED FOR THIS IS AN IMPORTANT RECORD.
ANY ALTERATIONS 1N SHADED
IDENTIFICATION PURPOSES I SAFEGUARD IT.
AREAS RENDER FORM VOID
CE TIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
2. DEPARTMENT, COMPONENT AND BRANCH
ARMY/USAR
5. DATE OF BIRTH (YYYYMMDD) 6. RESERVE OBLIG. TERM. DATE
Year 2010tMonth 01 Day 28
7.a PLACE OF ENTRY NTO ACTIVE DUTY
OF RECORD AT TIME OF ENTRY (City and state, or complete
Y ASSII9NMENT AND MAJOR COMMAND 8-.5 STATION WHERE SEPARATED
CO C 787TH MP BN TR TC FORT LEONARD WOOD, MO 65473 -8 93 5
9. COMMAND TO WH CH TRANSFERRED 10. SGU COVERAGE None
U
352 MP CO (CBT SPT) 1850 BALTIMORE RD ROCKVILL E MD 20851 Amount: $ 20 , 000

.00
11. PRIMARY SPECIAIITY (List number, title and years and months in 12. RECORD OF SERVICE Year(s) Month(s) Day(s)
specialty. List additional specialty numbers and titles involving
periods of one or riore years.) a. Date entered AD This Period NONE! NOTHING FOLLOWS
b.
Separation Date This Period

c.
Net Active Service This Period

InaW2
d. Tina! Prior Active Service
....................

e. Total Prior Inactive Service
ardd. :4T('
1. Foreign Service
g. Sea Service
cc
h. Effective Date of Pay Grade
13. DECORATIONS, M DALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED (All periods of service) NONE! /NOTHING FPLLOWS
14. MILITARY EDUCATION (Course title, number of weeks and month and year completed) MILITARY POL I , 17 WEEKS, 2002 / /NOTHING FOLLOWS
1.5.2 MEMBER CONTRIELITED40 POST-VIETNAM ERA Yes Na 15.IG'riSCHOOL GRADUATE OR I 16. DAYS ACCRUED LEAVE PAID
12H Yes No
VETERAITS EDUCATIO L ASSISTANCE PROGRAM EQUIVALENT

X X 1 NONE
17. MSVISER WAS PROVIDED ki. COMPLETE DENTAL EXAM AND ALL APPROPRIATE DENTAL SUIVICES ANO TREATMENT WITHIN 90 DAYS PRIOR TO SEPARATION "IITAI Yes INA( No
M4..,.,,r.a,:,,:::::a._ :_:„,:,„,:::: iw ,::::.::-,::#;.,atz,gew,,,:::,;,I,:.::.*,:z,,-:,,--;..-.. .:.-:,:,-::,::::,.i
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01rEt CHARCT RI .1%.

Doc_nid: 
3250
Doc_type_num: 
651