This is the Court Martial record of Specialist Timothy F. Canjar. It includes the charges against Spc. Canjar and his plea(s) as well as. Spc. Canjar was charged with: 1) dereliction of duty; 2) maltreatment of detainees (4 counts); 3) intent to deceive by making a false official statement; 4) abuse of a detainee (4 counts); 5) impeding an investigation; and 6) conspiracy to obstruct justice Notes that proceedings were terminated January 7, 2004 with all charges and specifications referred withdrawn and dismissed with prejudice, with all rights, privileges and property that was deprived during the pendency of the charges restored.
CO MAMMAL RECORD
NAME A 10-14 R rx morn ' SPC
SSN b(?)(0-5'
ACTIONS CODED:EASSIGNED. TO:
INITIAL )APR - 4 2005EPANEL
ACOA.. E-EariMrDtIt.
1,• •
APR 1 Likb
Ace PtC-Le-eX. eetwr .
FINAL .
COIVIPANION(S):
RETURN THIS FILE TO
.
OFFICE OF THE CLERK OF COURT
US. ARMY JUDICIARY
901 NORTH STUART STREET„ SUITE 1:200
ARLINGTON, VA 22203-1837
VOLEOFEVOL(S)ADMINISTRATIV CHECK
b(6)=2, 1,17))z
R '1 2005 2 0 0 4 0 0 9 3
ARMY
.
Lac...A, SI I 11.1.
JALS-CC FORM 24, tOCTOBER 2000 -
PERMANENT
OCT I 8 2004
FILEE012844
VOLUME I of I ORIGINAL VERBATIM 1 RECORD OF TRIAL
2
(and accompanying -papers)
of.
/(6)6)--5;(q90-5 CANJAR, Timothy F.. Specialist/E4
'
(Name: Last, First, Middle Initial) (Social Security Number ' (Rank)
E
Headquarters and Headquarters Camp Bucca, Iraq
E
Company, 320th MP BattalionEU.S. Army APO AB 09375
E
(Unit/Command Name)' (Branch of Service) (Station or Ship)
By
GENERAL COURT-MARTIAL
Convened by COMMANDER (Title of Convening Authority)
Coalition Land Forces Component Command,
Third U.S, Army,
U.S. Army Central Command
(Unit/Command of Convening Authority)
Tried at Camp Doha, Kuwait APO AE 09304 on 15 November 2003 •
(Place or Places of Trial) ' (Date or Dates of Trial)
COMPANION CASE (S)
THERE ARE NO COMPANION CASES.
rn
CD
I Iniertaverbatfm" or "summarized" as appropriate. (77ripsiCrAyArNENerrbatim records of trial only.) 2 See inside back cover for instructions as to preparatlorli
012845
DD FORM 490, MAY 2000 Previous editions are o sol—e.
FrontFront Coversole
2 0 0 4 0 0 3
DOD 14502
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304
GENERAL COURT MARTIAL ORDER. 30 September 2004 NUMBER.
8 11; (6)-5; 6 NO-S
Specialist Timothy F. Canjar,.US Army, HHG, 320th Military Police Battalion, Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S Army, Coalition Forces Land Component Command.
Charge I. Article 92.EPlea: None Entered.EFinding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Talil Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding. None Entered.
Charge II. Article 93.EPlea: None Entered. Finding: None Entered.E
(0-9j 60)t)-1
Sification 1: On 12 May 2003, did maltreat
iii
a person subject to his orders, by throwing him to the ground and dragging him across the groan with his pants pulled down around his ankles. Plea: None Entered. Finding: None Entered.
(sane)
S ecification 2: On 12 May 2003, did aid and abet in the maltreatment of
person subject to his orders, by holding his legs apart, and by encouraging other so ers to c.while other U.S. soldiers kicked him in the groin, face and abdomen. Plea: None Entered. Finding: None Entered.
Specification 3: On 12 May 2003, did maltreat iiimpummium a person subject to his orders, by twisting his previous y injur arm, causing him to scream in pain.
Plea: None Entered. Finding: None Entered.
Specification 4: On 12 May 2003, did maltreat an Iraqi prisoner of war, a person subject to his
orders, by kicking him in the thigh as he walked towards the in-processing tent, causing him to cry
out in pain. Plea: None Entered. Finding: None Entered.
012846
2 0 0 4 0 0 9 3
Charge III. Article 107. Plea: None Entered.EFinding: None Entered. (1,X07/ ;
S ecification: On 15 May 2003, with the intent to deceive, make to
United States Army Criminal Investigation Division Command, an official statement
on a.orm 2823 Sworn Statement, to wit: that he did not kick an Iraqi prisoner of war, that he
did not see any other U.S. soldier kick an Iraqi prisoner of war, that he did not strike an Iraqi
prisoner of war, that he did not see any U.S. soldiers kick an Iraqi prisoner of war in the groin,
which was totally false, and was known by the said Specialist Timothy Frank Canjar to be so false.
Plea: None Entered. Finding: None Entered.
Charge IV. Article 128.EPlea: None Entered.EFinding: None Entered.
Specification 1: On 12 May 2003, unlawfully twist the previously injured arm of .(1)(6) - Li /an Iraqi prisoner of war with his hands, causing him to scream m6 0..) (0-4 pam. Plea: None Entered. Finding: None Entered.
Specification 2: On 12 May 2003, unlawfully kick an Iraqi prisoner of war in the thigh as he
walked towards the prisoner processing tent, causing him to cry out in pain. Plea: None Entered.
Finding: None Entered.
Specification 3: On 12 May 2003, unlawfully throw
, an Iraqi prisoner of war, to the ground and drag him across the and with hiS
pants around his ankles. Plea: Noe Entered. Finding: None Entered.
k (0-r ;)(t)) (c)
Specific 'on 4: • 12 Ma 2003, unlawfully aid d abet Sergeant. in unlawfully kicking. , an Iraqi c) prisoner of war, in e groin, abdomen and head, by holding his leg and encouraging SGT to kick him. Plea: None Entered. Finding: None Entered..b (6) -'1
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered.
ecification: On 16 Ma 2003 wrongfully endeavor to im eded an investigation by meeting with
SSG., SGT. and others for the purpose of
deciding who would take responsibility or the actions of P .anjar's unit and to misrepresent
what occurred on or near Camp Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
SSG 11.11111111110.and SPC Canjar would take responsibility for the actions of
SPC Canjar's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered.
Finding: None Entered.
bE6(.0 (c)--S
012847
2
Additional Charge IL Article 81. Plea: None Entered. Finding: None Entered.
ecification: On 16 May 2003, conspire with MSG SS.SGT 176)-5.
to commit an offense under the Uniform Code of Military Justice, to wit: .(' Obstruc o o ustice, by meeting to decide who would take responsibility for .ons 600-5
.( an arts unit, and in order to effect the object of the conspiracy the said MSG .SSG
SGT. , and SPC Canjar decided who would take responsibility for the actions of SPICIIICanja o misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding: None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All charges and specifications referred are withdrawn and dismissed with prejudice. All rights, privileges and property of which the accused may have been deprived of by virtue of these proceedings will be restored.
BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:
MEE1)(6)22; 1)M-2
E
DISTRIBUTION:
1- SPC Timothy F. CanjarE SGM, USA
1- Military JudgeE Chief Paralegal NCO
1- Defense Counsel
1- Cdr, 320th Military Police Bn
1- Cdr, 800th Military Police Bde
1-PSB, ATTN: Records Section
1L DFAS
10- Clerk of Court (JALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837
1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249
1-Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRDMP, 9700 Page
Boulevard, St. Louis, MO 63132-5200
1-FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000
012848
3
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
MO AE 09304
GENERAL COURT MARTIAL ORDER. 30 September 2004 NUMBER. 8
6(4)-5.) 6 (7) (c) Specialist Timothy F. Canjar,.US Army, HHG, 320th Military Police Battalion, Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces
Land Component Command.
Charge I. Article 92.EPlea: None Entered.EFinding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Talil Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding: None Entered.
Charge H. Article 93.EPlea: None Entered. EFinding: None Entered. I,(4)-4.; 126)(0-1
Specification 1: On 12 May 2003, did maltreatigip, a person subject to his orders, by throwing lum to the ground and dragging him across the
ground with his pants pulled down around his ankles. Plea: None Entered. Finding: None
Entered.
Specification 2: On 12 May 2003, did aid and abet in the maltreatment of
a person subject to his orders, by holding his legs apart, and by encouraging other
soldiers to kick him, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea:
None Entered. Finding: None Entered.
Cs
Specification 3: On 12 May 2003, did maltreat .1111.1101111111.11 a )
person subject to his orders, by twisting his previously injured arm, causing him to scream in pain.
Plea: None Entered. Finding: None Entered.
Specification 4: On 12 May 2003, did maltreat an Iraqi prisoner of war, a person subject to his
orders, by kicking him in the thigh as he walked towards the in-processing tent, causing him to cry
out in pain Plea: None Entered. Finding: None Entered.
012849
2 0 0 4 0 0 9 3
Charge M. Article 107. Plea: None Entered. EFinding: None Entered.
b(0 -1) 6M6 -1
Specification: On 15 May 2003, with the intent to deceive, make to Special Agent'''.
United States Army Criminal Investigation Division Command, an official statement on a DA Form 2823 Sworn Statement, to wit: that he did not kick an Iraqi prisoner of war, that he did not see any other U.S. soldier kick an Iraqi prisoner of war, that he did not strike an Iraqi prisoner of war, that he did not see any U.S. soldiers kick an Iraqi prisoner of war in the groin, which was totally false, and was known by the said Specialist Timothy Frank Canjar to be so false. Plea: None Entered. Finding: None Entered.
Charge IV. Article 128. Plea: None Entered. EFinding: None Entered.
6(6)-1; Lb)()-1
Specification 1: On 12 May 2003, unlawfully twist the previously injured arm of Iraqi prisoner of war with his hands, causing him to scream in pam. Plea: None Entered. Fmding: None Entered.
Specification 2: On 12 May 2003, unlawfully kick an Iraqi prisoner of war in the thigh as he walked towards the prisoner processing tent, causing him to cry out in pain. Plea: None Entered. Finding: None Entered.
3: On 12 May 2003, unlawfully throw , an Iraqi prisoner of war, to the grou!!!!!!ag alFrhe iallilliiground with his
glie
pants around his onkles. Plea: None Entered. Finding: None Entered.
b(0-5; 13(4)(0-s
b(C)-s). 1)(1) (C) -5 Specification 4: On 12 a 2003, unlawfully aid and abet Master Se -an and SergeantE in unlawfully kicking an Iraqi prisoner of war, in the groin, abdomen and head, by olding his leg and encouraging SGT Edmondson to kick him. Plea: None Entered. Finding: None Entered. b6)
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered.
Specification: On 16 Ma 2003 wron ly endeavor to impeded an investigation by meeting with MS111111111111 SSGESGTE and others for the purpose of eciding who would take responsibility for the actions of S Eanjar's unit and to misrepresent what occurred on or near Cam Bucca, Iraq on or about 12 May 2003 and by deciding that MSG SSGE, and SPC Canjar would take responsibility for the actions of SPC anjar's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered. incfmg: None Entered.
106).1)(7)45
012850
2
Additional Charge II. Article 81. Plea: None Entered. Finding: None Entered.
(6.) --Si Specification: On 16 May 2003, conspire with MSG1111111., SSG.SGT b.0)0_5-
to commit an offense under the Uniform Code of Military Justice, to wit: Obstruction of ice, by meeting to decide who would take responsibility for the actions SPC CanCan'.in i
' ' unit, an order ffect the object of the conspiracy the said MSG inivSSG
SGT. and SPC Canjar decided who would take respon se i *ty for
e actions of SPC Canjar's unit and to misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding: None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All charges and specifications referred are withdrawn and dismissed with prejudice. All rights, privileges and property of which the accused may have been deprived of by virtue of these proceedings will be restored.
BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:
DISTRIBUTION: 1-SPC Timothy F. Canjar. SGM, USA 1- Military Judge. Chief Paralegal NCO 1- Defense Counsel 1-Cdr, 320th Military Police Bn 1- Cdr, 800th Military Police Bde 1- PSB, ATTN: Records Section 1- DFAS 10- Clerk of Court (JALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837 1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249 1- Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 Page Boulevard, St. Louis, MO 63132-5200 1- FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000
012851
3
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304
GENERAL COURT MARTIAL ORDER. 30 September 2004 NUMBER.
8 6(6)-4.; 6()(0-C Specialist Timothy F. Canjar,riaEaUS Army, HHG, 320th Military Police Battalion, Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces Land Component Command.
Charge I. Article 92.EPlea: None Entered. EFinding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Talil Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding: None Entered.
Charge H. Article 93.EPlea: None Entered.EFinding: None Entered. b (6)-‘1; 0)(c)-1
Se iiiation 1: On 12 May 2003, did maltreat a person subject to his orders, by throwing him to the ground and dragging.across the
i
ground with his pants pulled down around his ankles. Plea: None Entered. Finding: None
Entered..
G orw')
S ecification 2: On 12 May 2003, did aid and abet in the maltreatment of
, a person subject to his orders, by holding his legs apart, and by encouraging o er so ers to c • , while other U.S. soldiers kicked him in the groin, face and abdomen. Plea: None Entered. Finding: None Entered.
a,dE CS' 4,-4-J Specification 3: On 12 May 2003, EaltreaE a person subject to his orders, by twisting his previously injured ann, causing him to scream in pain. Plea: None Entered. Finding: None Entered.
Specification 4: On 12 May 2003, did maltreat an Iraqi prisoner of war, a person subject to his
orders, by kicking him in the thigh as he walked towards the in-processing tent, causing him to cry
out in pain. Plea: None Entered. Finding: None Entered.
012852
2 0 0 4 0 0 9 3
Charge III. Article 107.EPlea: None Entered.EFinding: None Entered. i)E\)(7)(cY1
Specification: On 15 May 2003, with the intent to deceive, make to Special Agent.",
United States Army Criminal Investigation Division Command, an official statement on a DA Form 2823 Sworn Statement, to wit: that he did not kick an Iraqi prisoner of war, that he did not see any other U.S. soldier kick an Iraqi prisoner of war, that he did not strike an Iraqi prisoner of war, that he did not see any U.S. soldiers kick an Iraqi prisoner of war in the groin, which was totally false, and was known by the said Specialist Timothy Frank Canjar to be so false. Plea: None Entered. Finding: None Entered.
Charge IV. Article 128.EPlea: None Entered.EFinding: None Entered. 60)-y; la
ecific tion 1: On 12 May 2Q03, unlawfully twist the previously injured arm of.111111.
an Iraqi prisoner of war with his hands, causing him to scream m
am. Plea: None Entered. Finding: None Entered.
Specification 2: On 12 May 2003, unlawfully kick an Iraqi prisoner of war in the thigh as he
walked towards the prisoner processing tent, causing him to cry out in pain. Plea: None Entered.
Finding: None Entered.
S'edok-
S ecification 3: On 12 May 2003, unlawfully throw . an Iraqi prisoner of war, to the ground and drag him across the ground with his pants aroun his ankles. Plea: None Entered. Finding: None Entered. .
6(4)-5; 6(3)(c)--g
Specific on 4: On 12 M 003, unlawfully aid and abet Master Ser eant and
Sergeant in unlawfully kicking an Iraqi
prisoner of war, in the groin, abdomen and head, by holding his leg an' encouraging SGT
6(0—/
Edmondson to kick him. Plea: None Entered. Finding: None Entered.
E) —Y
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered. (
Specification:.16 M. 003 wron: y en v r •.investigation by meeting with
MSG SSG.SGT. and others for the purpose of
d idin:g who would take responsibility for the actions of SPC Canjar's unit and to misrepresent
at occurred on o near Cam Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
SSG., and SPC Canjar would take responsibility for the actions of
SP
11 Canjar's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered.
F (ding: None Entered.
‘4,C)--00)(c)-5
012853
2
Additional Charge II. Article 81. Plea: None Entered. Finding: None Entered. b(c.)--5,-
1-X0-5"
Specification: On 16 May 2003, conspire with MSGIMIS SSG 111111111 SGT
to commit an offense under the Uniform Code of Military Justice, to wit:
Obstruction of Justice, by meeting to decide who would take responsibility for the actions SPC
Can'ar's unit, an " to effect the object of the conspiracy the said MSG SSG
SGT. and SPC Canjar decided who would take sitglity for
the actions of SPC Canjar's unit an to misrepresent what occurred on or near Camp Bucca, Iraq on
or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding:
None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All
charges and specifications referred are withdrawn and dismissed with prejudice. All rights,
privileges and property of which the accused may have been deprived of by virtue of these
proceedings will be restored.
BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:
LoN -2-; 6C-0-2
DISTRIBUTION:
1- SPC Timothy F. Canjar . SGM, USA
1- Military Judge. Chief Paralegal NCO
1- Defense Counsel
1- Cdr, 320th Military Police Bn
1- Cdr, 800th Military Police Bde
1- PSB, ATTN: Records Section
1- DFAS
10- Clerk of Court (JALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837
1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249
1- Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 Page
Boulevard, St. Louis, MO 63132-5200
1- FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000
012854
3
DOD 14511
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304
GENERAL COURT MARTIAL ORDER. 30 September 2004
NUMBER.
8 b(0-C; 1)(AO -C' Specialist Timothy F. Canjar„ US Army, HHG, 320th Military Police Battalion,
MEM Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces Land Component Command.
Charge I. Article 92.EPlea: None Entered.EFinding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully
failed to .safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from
Tall Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding:
None Entered.
Charge II. Article 93.EPlea: None Entered.EFinding: None Entered. "b() -1 - 6(7)(C) - if
illation 1: On 12 May 2003, did maltreatiliM11111111111111111111111111111111
a person subject to his orders, by throwing him to the ground and dragging him across the
ground with his pants pulled down around his ankles. Plea: None Entered. Finding: None
Entered.E
(se"...eA
specification 2: On 12 May 2003, did aid and abet in the maltreatment of
person subject to his orders, by holding his legs apart, and by encouraging o er
so ers to cE, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea:
None Entered. Finding: None Entered.E
C540•43
Specification 3: On 12 May 2003, did maltreat E a
person subject to his orders, by twisting his previously injured arm, causing him to scream in pain.
Plea: None Entered. Finding: None Entered.
Specification 4: On 12 May 2003, did maltreat an Iraqi prisoner of war, a person subject to his
orders, by kicking him in the thigh as he walked towards the in-processing tent, causing him to cry
out in pain. Plea: None Entered. Finding: None Entered.
012855
2 0 0 4 0 0 9 3
DOD 14512
Charge III. Article 107. Plea: None Entered. EFinding: None Entered. /00(01
Specification: On 15 May 2003, with the intent to deceive, make to Special Agent 11111
idreemprUnited States Army Criminal Investigation Division Command, an official statement on a DA Form 2823 Sworn Statement, to wit: that he did not kick an Iraqi prisoner of war, that he did not see any other U.S. soldier kick an Iraqi prisoner of war, that he did not strike an Iraqi prisoner of war, that he did not see any U.S. soldiers kick an Iraqi prisoner of war in the groin, which was totally false, and was known by the said Specialist Timothy Frank Canjar to be so false. Plea: None Entered. Finding: None Entered.
Charge IV. Article 128. Plea: None Entered. EFinding: None Entered. 19N-41; 6(7)N-1
ecification 1: On 12 Mav 2003, unlawfully twist the previously injured arm ofinni
an Iraqi prisoner of war with his hands, causing him to scream in
am. Plea: None Entered. Finding: None Entered.
Specification 2: On 12 May 2003, unlawfully kick an Iraqi prisoner of war in the thigh as he
walked towards the prisoner processing tent, Causing him to cry out in pain. Plea: None Entered.
Finding: None Entered.
ecification 3-.12 May 2003, unlawfully throw111111111111111111111.111111
Iraqi prisoner of war, to the ground and drag him across the ground with his •
pants around his ankles. Plea: None Entered. Finding: None Entered.
6(6)--si MO-5-
Specification 4: On 12 May 2003, unlawfully aid and abet Master Sergeant .and
Sergeant. in unlawfully kicking. an Iraqi
prisoner of war, m the grom,bdomen and head, by holding his leg and encouraging SG
Edmondson to kick him. Plea: None Entered. Finding. None Entered. .
t(G) 11
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered. bOY.C)
Speci • cation: On 16 M 2003.ly endeavor to im eded an investigation by meeting with
MSG.SS. GT. and others for the purpose of
deci g w o would take responsibility for the actions of SPC Canjar's unit and to misrepresent
what ccurred on Qr near Camp Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
and SPC Canjar would take responsibility for the actions of ar's unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered. None Entered. ,
012856
2
;
Additional Charge IL Article 81. Plea: None Entered. Finding: None Entered. ba) +5
(7)0
S ecification:On 16 May 2003, conspire with MSG1111111111SSAIMINI, SGT
to commit an offense under the Uniform Code of Military Justice, to wit: Obstruction of Justice, by meeting to decide who would take responsibility for the actions SPC Canjar's unit, and in order to effect the object of the conspiracy the said MS SSG
SGT. and SPC Canjar decided who would take response ility for the action
s of SPC Canjar's unit and to misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding: None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All charges and specifications referred are withdrawn and dismissed with prejudice. All rights, privileges and property of which the accused may have been deprived of by virtue of these
proceedings will be restored.
BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN:
-Z.
DISTRIBUTION:
1 -SPC Timothy F. Canjar.E SGM, USA
E
1- Military Judge Chief Paralegal NCO
1- Defense Counsel
1- Cdr, 320th Military Police Bn
1- Cdr, 800th Military Police Bde
1- PSB, ATTN: Records Section
1- DFAS
10- Clerk of Court (JALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837
1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249
1- Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 Page
Boulevard, St. Louis, MO 63132-5200
1- FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000
3. 012857
Third United States Army
United States Army Forces Central Command
Coalition Forces Land Component Command
Camp Doha, Kuwait
APO AE 09304
GENERAL COURT MARTIAL ORDER . . 30 September 2004 NUMBER. 8 b(6) - 5.; (7) Cc)
Specialist Timothy F. Canjar,4111111111 US Army, HHG, 320th Military Police Battalion, Camp Bucca, Iraq APO AE 09375, was arraigned at Camp Doha, Kuwait, on the following offenses at a general court-martial convened by Commander, Third U.S. Army, Coalition Forces Land Component Command.
Charge I. Article 92. Plea: None Entered.EFinding: None Entered.
Specification: On 12 May 2003, was derelict in the performance of those duties in that he willfully failed to safeguard from assault or abuse captured Iraqi prisoners of war that he was escorting from Talil Air Base, Iraq, to Camp Bucca, Iraq, as it was his duty to do. Plea: None Entered. Finding: • None Entered.
Charge IL Article 93.EPlea: None Entered. EFinding: None Entered. V41; b(4)(0-1
Sec' ation 1: On 12 May 2003, did maltreat
a person subject to his orders, by throwing him to the ground and dragging him across the ground with his pants plated down around his ankles. Plea: None Entered. Finding: None Entered.E
SCAft.t.
Specification 2: On 12 May 2003, did aid and abet in the maltreatment o
a person subject to his orders, by holding his legs apart, and by encouraging o er soldiers to c him, while other U.S. soldiers kicked him in the groin, face and abdomen. Plea: None Entered. Finding: None Entered. E
5a/v44-
Specification 3: On 12 May 2003, did maltreat .111111111111111111111111111111.1111, a
person subject to his orders, by twisting his previously injured arm, causing him to scream in pain.
Plea: None Entered. Finding: None Entered.
Specification 4: On 12 May 2003, did maltreat an Iraqi prisoner of war, a person subject to his
orders, by kicking him in the thigh as he walked towards the in-processing tent, causing him to cry
out in pain. Plea: None Entered. Finding: None Entered.
012858
2 0 0 4 0 0 9 3
Charge III. Article 107. Plea: None Entered. EFinding: None Entered. VO—t••
S• eel.on: On 15 May 2003, with the intent to deceive, make to Special Agent
nited States Army Criminal Investigation Division Command, an official statement on a DA Form 2823 Sworn Statement, to wit: that he did not kick an Iraqi prisoner of war, that he did not see any other U.S. soldier kick an Iraqi prisoner of war, that he did not strike an Iraqi prisoner of war, that he did not see any U.S. soldiers kick an Iraqi prisoner of war in the groin, which was totally false, and was known by the said Specialist Timothy Frank Canjar to be so false. Plea: None Entered. Finding: None Entered.
Charge IV. Article 128. Plea: None Entered. EFinding: None Entered. (96) -1; 440-y
Specification 1: On 12 May 2003, unlawfully twist the previously injured arm 011111.1 an Iraqi prisoner of war with his hands, causing him to scream in pain. Plea: None Entered. Finding: None Entered.
Specification 2: On 12 May 2003, unlawfully kick an Iraqi prisoner of war in the thigh as he
walked towards the prisoner processing tent, causing him to cry out in pain. Plea: None Entered.
Finding: None Entered.
3: On 12 May 2003, unlawfully throw arnimalimr
an Iraqi prisoner of war, to the ground and drag him across the ground with his
pants around his ankles. Plea: None Entered. Finding: None Entered. .
6)-$.; 140-s
Specification 4: On 12 May 2003, unlawfully aid d ab .aster Ser eant and
Sergeant..in unlawfully kicking an aqi
prisoner o war, m e grout, abdomen and head, by holding his leg an• encouraging SG
Edmondson to kick him. Plea: None Entered. Finding: None Entered.
()-4
Additional Charge I. Article 134. Plea: None Entered. Finding: None Entered. b(1)(6)-1
Specification: On 16 Ma 2003 wron Ily e eavor to im eded an investigation by meeting with
MS t.SSG.SGT. and others for the purpose of
deciding o wo d take responsibility for the actions of SP Canjar's unit and to misrepresent
what occ ed on or near Cam Bucca, Iraq on or about 12 May 2003 and by deciding that MSG
SSG. d SPC Canjar would take responsibility for the actions of
SPC.'s unit at or near Camp Bucca, Iraq on or about 12 May 2003. Plea: None Entered.
Finding: • ne Entered.
40-5. b0)0-5
2. 012859
Additional Charge II. Article 81. Plea: None Entered. Finding: None Entered. (00)10 -5-
S ecification: On 16 May 2003, conspire with MSG1111111111, SSG .SGT
o commit an offense under the Uniform Code of Military Justice, to wit: Obstruction of ustice, by meeting to decide who would take responsibility for e actio SPC Can'ar's unit, and in order to effect the object of the conspiracy the said MS SSG
SGT 1.11.111.1nd SPC Canjar decided who would take responsibility for the actions of SPC Canjar's unit and to misrepresent what occurred on or near Camp Bucca, Iraq on or about 12 May 2003, and that misrepresentations were made. Plea: None Entered. Finding: None Entered.
The accused having been arraigned, the proceedings were terminated on 7 January 2004. All
charges and specifications referred are withdrawn and dismissed with prejudice. All rights,
privileges and property of which the accused may have been deprived of by virtue of these
proceedings will be restored.
BY COMMAND OF LIEUTENANT GENERAL MCKIERNAN: . 6(6)-z.;
60)(0-2.
DISTRIBUTION:
1- SPC Timothy F. Canjar . SGM, USA
1- Military Judge. Chief Paralegal NCO
1- Defense Counsel
1- Cdr, 320th Military Police Bn
1- Cdr, 800th Military Police B de
1- PSB, ATTN: Records Section
1- DFAS
10- Clerk of Court (JALS-CCZ) 901 N. Stuart St, Arlington, VA 22203-1837
1- Cdr, USAEREC (PCRE-FS), Fort Benjamin Harrison, IN 46249
1- Commander, United States Army Reserve Personnel Center, ATTN: DARP-PRD-MP, 9700 Page
Boulevard, St. Louis, MO 63132-5200
1- FORSCOM, ATTN: FCJA-ML, Fort McPherson, GA 30330-6000
.
3 012860
DOD 14517