DOD Questionnaire: Questions for Soldiers on Detainee Treatment and Rules of Engagement

DoD Questionnaire: Questions for soldiers concerning their observations and experience in dealing with detainees, training before deployment and Rules of Engagement. The questionnaire appears to be in response to the accusations of detainee abuse and an effort to elicit information on the matter.

Doc_type: 
Questionnaire
Doc_date: 
Monday, March 29, 2004
Doc_rel_date: 
Friday, September 2, 2005
Doc_text: 

Q:1l~)~'L-­NCOIC
GUARD FORCE
COLLECTION POINT & INTERNMENT FACILITY
INTERVIEW QUESTIONS

Rank~ Branch +1\} . itc!WfComponent AG Date z-ctl1#\~Gft ()~ UnitZ.-:S~-At1-~tionPSb c.;L How Long in JO~M..(JI' Interviewer lM...,. ~)(bJ -2­
1. How did you prepare yourself and your Soldiers to become familiar with and understand the applicable regulations, OPORD/FRAGOs directives, international laws and administrative procedures to operate an IIR facility or Collection Point?
(1. 1, 1.2, 1.4, 1. 6, 4. 1) AR 350-1 para 4-14 c (2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCo-s and enlisted personnel commensurate with the missions of the unit FM 3-19.40, paragraph 2-2, Commanders are familiar with applicable regulation, directives, international laws, and administrative procedures. ) ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanderS will ensure their personnel are familiar with the law of armed conflict and with these ROE."
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2. Did you and all of your Soldiers un.cfergo Law of War training prior to deployment? Explain what training occurred. What is your plan to train new Soldiers (replacements) to the unit? Did this training include the treatment of Detainees? Explain. (1.1, 1.2, 1.4, 4.1) (AR 350-1 para 4-14c.(2) and table G-1 Refresher
training, dated 9 April 2003), Level B training is conducted in units for officers, warrant Officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and a/l cruel and degrading treatment. Prisoners will be protected against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.)
3. What policies/procedures does your unit have in place to support the U. S~ policy
relative to the humane treatment of Detainees? (1.1, 1.2, 4.1) AR 190-8, paragraph 1-5 a-g, {All persons detained, captured, interned, or otherwise held in U S Armed Forces custody during
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the course of conflict will be given humanitarian care and treatment from the moment they fall into the
hands of U S forces until final release and repatriation. All persons taken into custody by U S forces
will be provided with the protection of the GPW until some other legal status is determined by ­competent authority.)

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4.
J.o~s Yo~r Unl nave a form;' training program for the care and control of ees? Describe what it includes. (For Permanent InternmentFacilities only) (1. , 1.4) (FM 3-19.40, para 2-48. Personnel assigned or attached to IIR facilities are trained on the care control of housed personnel. They are fully cognizant of the provisions of the Geneva anti UNConventl and applicable regulations as they apply to the treatment of housed personnel. A formal training pro should include-* Principles and laws of land warfare, specifically provisions of Geneva and Conventions and HN laws and customs. * Supervisory and human relations techniques. * Methods 0 f-defense. *The use of force, the ROE, and the ROI. *Firearms qualification and familiarization. *PublJ lations, particularly CONUS operations. *First aid. *Stress management techniques. *Facility regulatJ and SOPs. *Intelligence and counterintelligence techniques. * Cultural customs and hat of internees. *The basic language of internees. FM 3-19.40 para 2-49. The guard .force should recei dditional training in-"Riot eontrbl
measures, control agents, and dispersers. *QRF actions. "Searchi echniques, including the use of electronic detection devices. "Nonlethal equipment and weapons.

5. What training did your unit receive on the established Rules of Engagement
(ROE)? How often does this occur? Does this training include Rules of Interaction
(ROI)? (1.4, 4.1) ((000 Directive 5100.77, para 5.5.1, The Secretaries of the Military

Departments shall provide directives, publications, instructions, and training so that the principles and
rules of law of war will be known to members of their respective Departments, the extent of such
knowledge to becommensurate with each individual's duties and responsibilities.) ROE from CJCS
ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel

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6. What procedures do you have in plac a ens~re Soldiers understand the use of force and rUles of engagement for the interment facility/collection point? What
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guidance or policies do you have to ensure fraternization is not taking ptace between
U.S military personnel and the detainees? (1.1, 1.2, 1.4, 1.6,4.1) AR 190-8, paragrapD 3­6 a, The following acts will not be permitted: (1) Fraternization between EPW, RP and U.S. military or

civilian personnel. Fraternization is defined as improper or intimate communications or actions
between U.S. Armed Forces personnel and EWP/RP (FM 3-19.40, paragraph 2-29, An MP
commander ensures that soldiers understand use-of-force guidelines and the ROE established by
higher headquarters for each mission .. Because the use of force and ROE vary depending on the
category of housed personnel and the operational environment, the commander develops SOPs that
follow the guidance provided. He balances the physical security of force with mission
accomplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations dated
251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of
armed conflict and with these ROE.).
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7. Describe the training the guard force received to prepare them for their duties
(SSs & T») How does your unit conduct sustainment training for Detainee Operations
in Theater? How often does this occur and please describe it? When did your unit
last conduct this training? (1.1, 1.2, 1.4, 4.1) (FM 3-19.40, para 2-48. Personnel assigned or

attached to IIR facilities are trained on the care and control of housed personnel. They are fully
cognizant of the provisions of the Geneva and UN Conventions and applicable regulations asthey
apply to the treatment of housed personnel. A formal training program should include-* Principles
and laws of land warfare, specifically provisions of Geneva and UN Conventions and HN laws and
customs. * Supervisory and human relations techniques. * Methods of self-defense. *The use of
force, the ROE, and the ROI. *Firearms quali~cation and familiarization. *Public relations,
particularly CONUS operations. *Firstaid. ·Stress management techniques. *Facility regulations and
SOPs. *Intelligence and counterintelligence techniques. * Cultural customs and habits of intemees.
*The basic language of internees. FM 3-19.40 para 2-49. The guard force should receive additional
training in-*Riot control measures, control agents, and dispersers. *QRF actions. ~Searching
techniques, including the use of electronic detection devices. *Nonlethal equipment and weapons.
The guard force should receive additional training in-• Riot control measures, control agents, and
dispersers.• QRF actions .• Searching techniques, including the use of electronic detection devices .

• Nonlethal equipment and weapons.

8. What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee Operations? Describe it. How did the training prepare you to conduct Detainee Operations for this deployment? What are your
unit's strengths and weaknesses? How did this training distinguish between the
different categories of Detainees (EPWs, RPs, Cis, etc.)? (1.1, 1.2, 1.4,4.1) .(AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the
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missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment, mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial 6y proper authority, and all cruel and degrading treatment. Prisoners will be protected against all acts of
violence to include public curiosity.

9.
Describe the training you received during your last Military Institutional School (BNCOC/ANCOC) in handling/processing Detainees. How was it helpful in preparing you for Detainee Operations? How would you improve the training at the schoolhouse? (1.1, 1.4) .

10.
What are some of the basic operations of the collection point/internment facility? Is there a copy of the Geneva Convention posted in the detainee's home language within these camps? Are camps segregating Detainees by nationality, language, rank, and sex? How are captured Medical personnel and Chaplains being used in the camps? What provisions are in place for the receipt and distribution of Detainee correspondence/mail? Are the daily food . rations sufficient in quantity or quality and variety to keep detainees in good health? Are personal hygiene items and needed clothing being supplied to the Detainees? Are the conditions within the camp sanitary enough to ensure a clean and healthy environment free from disease and epidemics? Is there an infirmary located within the camp? (1.1, 1.2, 4.1) AR 190-8, paragraph 1-5 a-g, (All

persons detained, captured, interned, or otherwise held in U S Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U S forces until final release and repatriation. All persons taken into custody by U S forces will be provided with the protection of the GPW until some other legal status is determined by competent authority.) AR 190-8, paragraph 3-4. AR 190-8 para 3-4.b ...females will be separated from males. AR 190-8, 1-5, g (1) EPW, and RP will enjoy latitude in the exercise of their religious practices, including attendance at service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. (2) Military chaplains who fall into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be allowed to minister to EPW. RP, of the same religion Para 6-6, g: (1) Hygiene and sanitation measures will conform to those prescribed in AR 40-5 and related regulations. (2) A detailed sanitary order meeting the specific needs of each CI camp or branch camp will be published by the CI camp commander. Copies will be reproduced in a language that the CI understands and will be posted in each compound. (3) Each CI will be provided with sanitary supplies, service, and facilities necessary for their personal cleanliness
and sanitation. Separate sanitary facilities will be provided for each sex. (4) All CI will have at their disposal, day and night. latrine facilities conforming to sanitary rules of the Army.
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11. What control measures are your unit using to maintain discipline and security in the collection point/internment facility? (1.1, 1.2, 1.6, 4.1) AR 190-8, paragraph 3-6 (Measures needed to maintain discipline and security will be established in each camp/collection point and rigidly enforced. The camp commander will maintain records of disciplinary punishments. These records will be open to inspection by the protecting power. The following acts will not be permitted; Fraternization between EPW, RP and U.S. military orcivilian personnel. Fraternization is
defined as improper or intimate communications or actions between U.S. Armed Forces personnel and EPW/RP. Donating or receiving gifts or engaging in any commercial activity between persons in
U.S. custody and U.S. personnel. Setting up of courts by detainees. Disciplinary powers will not be

12. What procedures are in place to account for and dispose of captured enemy. supplies and equipment? What procedures are in place to process personnel, equipment, and evidence?(1.1, 1.2, 4.1)) AR 190-8, para 2-1, a. (1) (b) (c), All equipment,
documents, and personal property confiscation during the search must be tagged and . administratively accounted for by the capturing unit. DO Form 2745, Part C is attached to the property confiscated from the Detainee, so that it may later be matched to that Detainee. AR 190-8, paragraph 1-4g(3), (Commanders will colfect and dispose of captured enemy supplies and equipment through theater logistics and EOD channels.)

13. What i your ratio of g ards to d inees in your collection point/internment facility? Is this ratio the proper mix for you to perform your mission? If not, what are
the shortfalls? Why are their shortfalls? How do these shortfalls impact your
mission? (1.1, 1.2,1.3, 2.1, 3.1, 4.1) FM 3-Hl40, paragraphs 3-38 thru 3-39. . A brigade without an MP platoon in OS sets up and operates its own forward CPs The number of MP teams needed to operate a forward CP is based on the number of captives expected and METT-Te. The
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projected number of captives is .based on mission analysis and intelligence estimates conducted by the brigade Intelligence Officer (US Army) (S2). Division forward CPs are mobile; they can be set up, expanded, and relocated quickly as the tactical situation warrants. AR 190-47,paragrpah 11-3(4)(ar Guard reqUirements for prisoners being transported outside an ACS facility, by means of foot, motor
vehicle, or aircraft (other than AIREVAC or U.S. Marshals Service aircraft) are as follows:
(a)
Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under ·medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances therewrll be one guard per ten prisoners. Trustee guards will be determined by the ACS facility commander.

(b)
Non-correctional personnel: It is required that at least one guard be a SGT or above who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have two guards per prisoner. In medium custody

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14. How are you organized to handle the different categories of personnel (EPW, CI, 00, females, juveniles and refugees)? Do you maintain a separate site for sick or wounded Detainees? If so where is it and how does your unit maintain the security and safeguarding of Detainees there? (1.1, 1.2, 1.3,2.1,3.1) FM 3-19.40, paragraph 2­1, An MP battalion commander tasked with operating an IIR facility is also the facility commander. As
such, he is responsible forthe safety and well-being of all personnel.housed within the facility. Since an MP unit may be tasked to handle different categories if personnel (EPW, CI, 00 refuges, and US military prisoner), the commander, the cadre, and support personnel must be aware of the requirements for each category.

15. What is the nu er of rsonnel needed to escort prisoners internally and externally? (i.e. for medical, evacuation, etc.)? (1.1, 1.7) (FM 3-19.4 Chapter 7 Para 7.8, The number of MP needed to operate a division forward collecting point is based on the number and rate of captives expected and the METT-TC. ) AR 190-47,paragrpah 11-3(4)(a), Guard requirements for prisoners being transported outside an ACS facility, by means of foot, motor vehicle, or aircraft (other than AIREVAC or U.S. Marshals Service aircraft) are as follows: . (a) Trained correctional, military police or security personnel: Under maximum custOdy . circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per
five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility commander.
(b) Non-correctional personnel: It is required that at least one guard be a SGT OF above who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have
two guards per prisoner. In medium custody

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16. What are the procedures for transporting and evacuating detainees? What are the procedures for transferring Detainees from the collection points to US Military controlled detention facilities? How is the transfer of Detainees handled between different services? (1.1, 1.2,4.1) AR 190-8, paragraph 3-11 (General. d. Transfer within the
territory of the detaining power will always be carried out humanely and in conditions no less
favorable than those enjoyed by the troops of the detaining power during their movements. If
EPW/RP are transferred on foot, only those who are
fit to walk may be so transferred. The EPW/RP will not be exposed t6 excessive fatigue during.
transfer by foot.

e. The sick, wounded, or infirm EPWand RP as well as maternity cases will be evacuated through

U.S.
military medical channels and will remain in medical channels until they are certified "fit for
normal internment" by competent medical authorities.
f Necessary clothing, adequate shelter, and medical attention will be made available.

g.
Suitable precautions will be taken to prevent EPWand RP, from escaping and to ensure their
safety. Wounded and sick EPWand RP will not be transferred as long as their recovery may be

endangered by the journey, unless their a ty demands it.

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17.What are the procedures for the tr~nsfer of custody of Detainees from the collection points/internment facility to Military Intelligence/OGA personnel? When the detainee is returned to the guard force, what procedures occur with the detainee? (in processing, medical screening, suicide watch, observation report DD Form 2713?, etc) (1.1, 1 2, 4.1) FM 3-19.40 para 3-14. Property Accountability. *Have MI sign for
property on DA Form 4137 and for captives on DO Form 2708. *Return confiscated property to supply after it is cleared by MI teams. Items kept by MI because of intelligence value are forwarded through MI channels. * Evacuate retained items with the captive when he moves to the next level of

18. What MP units (guards, escort, detachments) do you have at your disposal to operate and maintain this collection point/internment facility? What non-MP units are you using to help operate this collection point/internment facility? If you do not use MP teams, what forces are required to operate the Collection Point (guard, security etc)? Do you have any shortfalls in performing the Collection Point mission? How does this affect your doctrinal mission? How long are you holding Detainees at the collection point? Is holding the detainees longer than the 12/24 hours impacting
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on your units' ability to perform its mission? Why? (1.1, 1.2, 1.3) FM 3-19.40, paragraph
3-45, Captives should not remain at a forward CP more than 12 hours before being escorted to the central CPo Fm 3-19.40, paragraph 3-54. Captives should not remain at the central CP more than 24 hours before being evacuated to the CHA. When all captives are accounted for, processed, and ready f?f evacuation to the CHA,

19. Describe how this unit is able to maintain the security and safeguarding of . Detainees at this interment facility/collection pOint Describe your security . requirements. (What are your clear zones? How do your Guard Towers permit an unobstructed view of the clear zone and how do they allow for overlapping fields of fire? Describe your p . eter security. (1.1, 1.2, 1.8,2.1) FM 3-19.40, paragraph 2-1, An MP battalion commander tasked . operating an IIR facility is also the facility commander. As such,
he is responsible for the safety and we . 9 of all personnel housed within the facility. Since an MP unit may be tasked to handle different catego· if personnel (EPW, CI, 00 refuges, and US military prisoner), the commander, the cadre, and support onnel must be aware of the requirements for each category.

20. How do you maintain a high state of discipline with your Soldiers to enhance the internal and external security of the internment facility/Collection Point? (1.1, 1.2, 1.6) FM 3-19.40, paragraph 2-19, The MP commander establishes security measures that effectively
control housed personnel with minimal use of force ..... The physical construction of the facility and the presence of guard personnel create the most obvious means of providing internal and external security. Maintaining a high state of discipline, a system of routines, and required standards of behavior are all measures that enhance effective security and control.

21. Does this facility include Sally Ports? Describe the system in place. (1.8, 4.1)

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22. What do you have in place for communications (between guards/towers and the TOC/C2)? What problems do you have? How do you overcome them? (1.1, 1.2,
1.5, 1.8)

23. Describe the latrine facilities for Detainees' use (do they have access to it day and night and does it conform to the rules of hygiene and do females have separate facilities). How are they cleaned and how often and by whom? Where do they bathe and conduct other personal hygiene (this will depend how long it takes to evacuate Detainees to U.S. Military Controlled Detention Facilities-12/24·hours is the standard)? (1.1, 1.2, 1.8)) AR 190-8 para 3-4.i,(1) paraphrased...EPWs will have day/night
access to latrines that are clean. Females will have separate latrines. AR 190-8 para 6-6.g.(4) /""I ~~paraphrased...AII CI will have access to day/night latrines that ~re sanitary.

1.8)) AR 190-8, paragraph 3-4 f(3) Sufficient drinking water will be supplies to EPW/RP.

25. Can you give some examples of contraband? What are the procedures when
you find contraband?? (i.e .. , Knives, Narcotics, we~pons, currency) AR,190-8 and local SOP. .

26. Describe your lighting systems at the Facility/Collection Point (how does it affect security). How about heating during the winter? What fire prevention/safety . measures are in place? (1.8) AR 190-8, paragraph 3-4 e, EPW/RP will be quartered under
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conditions as favorable as those for the force of detaining power billeted in the same area. The
conditions shall make allowance for the habits and customs of the prisoners and shall in no case be
prejudicial to their health. The forgoing shall apply in particular to the dormitories of EPW/RP as it­
regards both total surface and minimum cubic space and the general installation of bedding and
blankets. Quarters furnished to EPW/RP must be protected from dampness, must be adequately lit
and heated (particularly between dusk and lights-out), and must have adequate precautions taken
against the dangers of fire. FM 3-19.40 para 4-103 " ...minimize escapes by examining the lighting
system during darkness to detect poorly lighted areas along the perimeter (replace burned out or
broken light bulbs immediately" FM 3-19.40 para 2-37 The engineer officer is responsible for the
maintenance of utilities (i.e. heat). AR 190-8 para 3-17(a) A safety program for EPW/RP will be setup
and administered in each camp. AR 190-8 para 3-17(a) A safety program for CI will established and
administered IAWAR 385-10.
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27. How are Detainee complaints and requests to the camp commander processed? (1.1, 1.2, 4.1) AR 190-8, paragraph 3-16 (EPW and RP have the right to make complaints and requests to camp commanders and the ICRC/protecting powers regarding the conditions of their internment. EPW and RP may not be punished for making complaints, even if those complaints later prove unfounded. Complaints will be received in confidence, as they might endanger the safety of
other detainees. Appropriate action, including segregation, will be taken t6 protect detainees when necessary. This policy also applies to persons who are confined pending trial or as a result of a tria/.
b.
EPWand RP may take complaints or requests to the camp commander. . .

c.
Persons exercising the right to complain to·the ICRC or protecting power about their treatment and camp may do so: '

(1) ·By mail.
( 2 ) In person to the visiting representatives of the ICRC or protecting power.
(3)
Through their detainee representative.

d.
Written complaints to the protecting power will be forwarded promptly through HQOA, OOCSOPS (OAMO-OOL) NPWIC. A separate letter with the camp commander's comments will be included. Military. endorsements will not be placed on a detainee's communication.

e.
If an ICRC/protecting power communicates directly with an EPW/CI camp commander about any matt~r requiring an answer, the communication and commander's reply will be forwarded to HQDA, ODCSOPS (DAMO-OOL) NPWlC, for proper action.

f.
Any act or allegation of inhumane treatment will be investigated and, if substantiated, reported to HQDA as a Serious Incident Report (SIR) per AR 190-40. Once completed, a copy of the SIR accompanies the prisoner to the EPW/CI camp, and a copy is furnished to the monitoring Branch PWIC. All available pertinent information that the EPW or RP is willing to give, will be entered on the

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28. What are your shortcomings/problems in feeding the population? What is the
menu of the population? (1.1, 1.2, 1.8, 4.1) (FM 3-19.40, paragraph 6-14. If dining facilities don't exist. then Detainees are to be fed MREs.)

29. What problems, if any, do you feel the unit has regarding manning or personnel resourcing in conducting Detention Operations? What about the number of personnel to control the detention operation in regards to riot control? (1.1, 1.7) (FM
3-19.4 Chapter 7 Para 7.8, The number of MP needed to operate a division forward collecting point is based on the number and rate of captives expected and the METT-TC.) "

30.
What personal equipment is the unit experiencing as a shortfall concerning . detainee operations, (i.e., restraints, uniforms, elF items, weapons, etc.)? (1.5)

31.
What types of supplies is greater I emand for the unit during detainee operations? And are these items regularly filled? What major shortfalls has the unit encountered in regard to materiel and supply distribution? (1.5)

32.
What transportation problems is the unit experiencing to move detainees during

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33. What safety programs/policies are currently being used in the Detainee camps?
(1.1, 1., . AR 190-8, paragraph 3-17 (A safety programfor EPW and RP will be set up and
administered in. each camp. Army regulations, circulars, and pamphlets in the 385-series may be used as guides for estabhs' an EPWand RP safety program. Accident injury forms used in the EPW and RP safety programs will 15 epared , administered, and maintained separately from those prepared for other persons included r the Army Safety Program.) AR 190-8 para 3-17(a} A safety program for CI will established and adminl ed lAW AR 385-10.

34. Do you know of the procedures to get stress counseling (Psychiatrist,
Chaplain, Medica))? Do your Soldiers know of the procedures to get counseling
(Psychiatrist, Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1,4.1) FM 3-19.40, paragraph 2-48:

Personnel assigned or attached to IIR facilities are trained on the care and control of housed
personnel. They are fully cognizant of the provisions of the Geneva and UN Conventions and
. applicable regulations as they apply to the treatment of housed personnel. A formal training program
should include stress management techniques. FM 8-51, Appendix D, D-2 f (3): Combat stress
control.units should provide routine mental health consultation to EPW confinement facilities.· This
should include: stress control advice to the command regarding the stressors of US Army MP
personnel and any allied or coalition personnel working at the confinement facility; individual
evaluation and intervention for guards or prisoners when indicated. AR 190-8, Paragraph 1-5, (4) The
inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with
deep provocation. Inhumane treatment is a s('!rious and punishable violation under international law
and the Uniform Code of Military Justice (UCMJ).

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35.Are you aware of you reQuirement"9o report abuse or suspected abuse of .
detainees? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to
or accompanying a DoD Component know that they shall report reportable incidents through their
chain of command and that such reports also may also be made through other channels, such as the .
military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix 8, Category 1
Reportable Serious Incidents, 8-1 .. Actual or al/eged incidents involving the fol/owing: b. War crimes,
including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and .
atrocities. 8-2. Any other incident the commander determines to be of immediate concern to HQDA
based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident.

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36. Do your subordinates know the. reporting procedures if they observe or become
aware of a Detainee being abused? (1.1, 1.2, 1.6, 4.1) AR 190-40 para 2-1, Military ap9 civilian personnel assigned to or accompanying a DoD Component know that they shall report
reportable incidents through their chain of command and that such reports also may also be made'
through other channels, such as the military police. a judge advocate, or an Inspector General. AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40,Appendix C Category 2, Reportable Serious Incidents, C­
1. Actual or al/eged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisOner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-B, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals.of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)

37.What steps would you take if a subordinate reported to you an incident of alleged Detainee abuse? (1.2, 1.6, 4.1) (AR 190-40, Appendix 8, Category 1 Reportable Serious Incidents, B-1. Actual or al/eged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQOA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from ccnfinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander
determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee,
a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In a/l circumstances, the
CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs.·At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all
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official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals ­of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) Tne CI will be treated with the same consideration and without adverse distinction based on race, religion,
political opinion, sex, or age AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HODA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)

38. Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, GID) (1.1, 1.2, 1.6,4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, 8-1. ActlJal or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. 8-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C. Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HODA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, theu-family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against a/l acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any
form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex

39. What procedures do you have to report suspected detainee abuse (IG, GID, Next Level Commander) (1.1, 1.2, 1.6,4.1) (AR 190-40, Appendix B, Category 1 Reportable
Serious Incidents, 8-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. 8-2.
Any other incident the commander determines to be of immediate concern to HQOA based on the
nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involv1ng the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to
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include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident AR 190-8, 5-1. General protection policy-civilian internee,
a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the CI. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of v~olence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be espeCially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction. based on race,religion,
political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)

40. What systems are in place for detainees to report alleged abuse? (1.1, 1.2, 1.6, 4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible delay by a board of. officers. Appeals will be decided only on the grounds of the existence or nonexistence of imperative security reasons requiring the internment of th.e protected person. 6~. Internee Committee a. Election. At each camp and branch camp, CI will be elected by secret written ballot to the Internee Committee. This committee is empowered to represent the camp to the protecting powers, . International Committee of the Red Cross, or other authorized relief or aid organizations and U.S. military authorities. e. Duties. (3) (c) The presentation and transmittal of petitions and complaints to the appropriate authorities in proportion to the kind of labor performed. 6-9. Complaints and requests to camp commanders and protecting power, a. Persons may make complaints or requests to the camp commander, who will try to resolve the complaints and answer the requests. If the CI are not satisfied with the way the commander handles a complaint or request. they may submit it in writing,
through channels, to HQDA, ODCSOPS (DAMO -ODL) NPWlC, WASH DC 20310-0400. b. Persons exercising the right to complain to the protecting power about their treatment and camp may do so­
(1) By mail. (2) In person to the visiting representatives of the protecting power. (3) Through their Internee Committee.' c. Written complaints to the protecting powerwill be forwarded promptly through HQDA (DAMO -ODL) NPWIC, WASH DC 20310-0400. A separate letter with the comments of the camp commander will be included. Military endorsements will not be placed on any CI communications. d. If a protecting power communicates with a CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQDA (OAMO-ODL) NPWlC, WASH DC 20310-0400. for proper action. e. Any act or allegation of inhumane treatment or other Violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.

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41. What do you perceive as the mission of your unit? Describe the importance of your role in that mission. (Insight to the Soldier's understanding and attitude concerning
unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient authority to soldiers in the chain of command to accomplish their assigned duties, and commanders
may hold these soldiers responsible for their actions _________._______~_
3f~ d ~ P_0(_Q_'j-+-______-----'-_
42. Describe your working environment and living conditions since being in Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2,1.3,1.4,1.5,1.6,1.7) FM 10-1, Ch. 7, para. 3, 'Tactical Vision. A primary QMC focus at the tactical level will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability. to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors
associated with combat. A facility complex (Force Provider) will be available in which they can sho,:",er, clean their clothes, eat hot meals, and rest in an environmentally controlled shelter. __.

43. Describe the unit command eli Has it changed or evolved since you have been in Th ter? (Identifies Soldier's perception of the chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the Command cares? Are they getting clear guidance?) 1 AR 600-20 • 13 May 2002 1-5. Command, b. Elements of command. c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote
a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is
obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given-them,
seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than feed their self-interest. ..
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44. Are you aware of any inciden s of detainee or other abuse in your unit? AR 190­8, 1-5. General protection policy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be . administered lAW due process of law and under legally constituted authority per the GPW, GC,the
-" Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of . EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation.
-Inhumane treatment is a serious and punishable violation under international law and the Uniform \ • Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to 11 race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited:
murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation,
~ollective punishments, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Intemment Facility administration or intelligence/counterintelligence purposes is striCtly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Mili~ary Police officer in the Internment Facility commander'S chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be deSignated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI and RP.

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ADVISEMENT OF RIGHTS (For military personnel) The text of Article 31 provides as follows a. No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may terid to incriminate him. b. No person subject to this chapter may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, and th~t any statement made by him may be used as evidence against him in a trial by court-martial. c. No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him. d. No statement obtained from any person in violation of
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this article, or through the use -of coercion, unlawful influence, or unlawful inducement, may be received in evidence against him in a trial by court-martial. (1.2, 1.6)
I am (grade, if any, and name), a member of the (DAIG). I am part of a team inspecting detainee operations, this is not a criminal investigation. I am reading you your rights because of a statement you made causes me to suspect that you may have committed . (specify offense,
i.e. aggravated assault, assault, murder). Under Article 31,.you have the right ­to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence against you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you. want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?
45.
Describe what you understand happened leading up to and during the incident(s) of abuse. (No applicable standard) ____-'-_____......:-___________

46.
Describe Soldier morale, feelings and emotional state prior to and after these

incidents? (Identifies unit and Soldier morale, atmosphere, mood, attitude; stress, retaliation, preemption, family crisis) _-'--____-...:-_________------­
47. Was this incident reported to the chain of command? How, when & what was . done? Whatwould you have done? (Identifies compliance, procedure, timeliness, Soldier perception of action taken and effect on unit morale.) (1.2, 1.6) (AR 190-40, Appendix 8, Category 1 Reportable Serious Incidents, 8-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions,
and atrocities. 8-2. Any other incident the commander determines to be of immediate concern to
HQOA based on the nature, gravity, potential for adverse publicity, or potenUal consequences of the

incident. AR 190-40, Appendix CCategory 2, Reportable Serious Incidents, C-1. Actual or alleged
incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or
correctional facilities to include escape from confinement or custody, disturbances which require the
use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other
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incident that the commander determines to be of concern to HQDA based on the nature, gravity,
potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General
protection policy-civilian internee, a. Treatment. (1) No form of physical torture or moral coercion­
will be exercised against the Cl. This provision does not constitute aprohibition against the use of
minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respeCt for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily inJury, ieprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and with-out adverse distinction based on race, religion, political opinion, sex, or age. AR190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA . (DAMO-ODL), WASH DC 2031 0-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.) ________________________--'-_
48.
How could the incident have been prevented? (Identifies root cause and perceived solution) (No applicable standard) ________________________

49.
Describe any unit training or other programs that you are aware of that teach leaders and Soldiers how to recognize and resolve combat stress. FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stress control/mental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8-51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the

chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. ) _____________-:-______
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50. What measures are in place to boost morale or to relieve stress? (Identifies
perceived solution.) FM 22-51, para 11-5. Prevention of Misconduct Stress Behaviors. The measures which reduce battle fatigue and prevent battle fatigue casualties should also help reduce the incidence of misconduct stress behaviors. However, additional actions also need to be practiced consistently by leadership at all echelons and by buddies at the small unit level. FM 22-51, para 1-3, Stress control requires special involvement from direct (small unit) leaders. The responsibility extends up through the organizational leaders and their staffs (both officers and noncommissioned officers [NCOs]) at all echelons. Appendix A describes combat stress risk factors and prescribes leaders' actions to control them. Leaders, staffs, and individual soldiers all receive assistance from the supporting chaplains, the medical personnel, and combat stresscontrollmental health personnel (see Appendix B for information pertaining to combat stress control units). If any link in the chain of responsibility is weak, it is the responsibility of the other members of the chain to strengthen it. FM 8­51, para 1-1, b. Responsibility For Stress Control. Control of stress is the commander's responsibility (see FM 22-51) at all echelons. The commander is aided in this responsibility by the noncommissioned officer (NCO) chain of support; the chaplaincy; unit medical personnel; general, principal, and special staff, and by specialized Army CSC units and mental health personnel. __
51. What measures could the command enact to improve the morale and command climate of your unit? (Identifies perceived solution.) FM 22-103, Leadership and Command at Senior Levels, 21 Jun 1987, p. 6, -"Leadership. The process of influencing others to accomplish the
mission by providing purpose, direction, and motivation." AR 600-100, Army Leadership, 17 Sep. 1993, p. 8, 1987-"Senior-ievelleadership is the art of direct and indirect influence and the skill of creating the conditions for sustained organizational success to achieve the desired result. But. above all, it is the art of taking a vision of what must be done, communicating it in a way that the intent is clearly underst~od. and then being tough enough to ensure its execution" __·______
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