Record of proceedings under Article 15 UCMJ, to evaluate whether a soldier attached to 1st Battalion, 5th Special Forces Group should be punished under Article 15 for assaulting a detainee at Ar Ramadi. Lists allegations that soldier was "cruel toward and committed maltreatment against a detainee named [redacted] by striking this individual at least three times." Includes form advising soldier of his rights. Attaches email stating that as punishment for the assault, the soldier "was reduced one rank, forfeited pay, and was placed on extra duty for 45 days."
Document deals with the same incident discussed in the last 3 pages of ACLU-RDI 2611, which are labeled "Formica Report – Annex 122". Most likely a labeling error.
RECORL : PROCEEDINGS UNDER ART1C, . 15, UCIAJ
For use of this tom. NW AR 27-10: the proponent Nancy is TUG.
See Notes oat Reverse Ilthre Ctuastiettat FM*
RADE 81114 user C 2/14 IN PAY Itheth rithersurin) Cu,9335.,356.90
*NAME G I
¦IIIIIIIIIIIIIIIIIIIIIIW I E4 failliallige I APO AS 0 I 01 ,in minsideting whether you should be punished ender Arbele IS. UDC. for the Mowing glisconeat 11 ' In that on or about 30 October2003, you were attached and under the tactical and operational control of 1 * Battalion, 5* Special Fazes Group, at or near As Rams,di, Iraq, were cruel toward and committed maltreatment against a
detainee namedIONOMMIftby striking a this individual at lout three times. This is in violation of Article 93 b (I:) of the UCMJ.
owthisl•
2. You are not required to tusks my statemeno. but if you do, they nay be used spinet you is this proceeding or at a Irbil by mut- You hem several sights wider this MOW 15 proceeding. rust 1 want you to undesesind that I hew not yet made e decision *woo or not yon will be punished. I will sat impose any punislunest unless I on convinced beyond
a ressonsthe doubt that you cotornised the offeneo(s). Yen ray
ordinarily ham In open bearing before me. You may request a person to spook on your behalf. Yoe nay moot Mumma of Mho widow to *suers of esasesesatot mod nittoetiott).
show why you Moult:WI be ponithed at ell (matters olds/ma* or why punishment should be very light type and =Ma of punishment I will impose. Y...
1 will consider morphia yea proem before &Winn whether I will Wipes pusithment or the 311 •4111ruceduth under Article IS, re Wye the right to threw& ala) by covet menial instead. V
Er Ms do not wild inc to dispose of dig osP In deciding what you want to do yen have the right to cam* with legal mused loomed at VIA tail-whom . You now We 411 hosts to decide whet win want to do!
DATE N.M G. AS SIGNATURE
. sin
.. CI ORGANIZATION O F COMMANDER
WI )
TIME CO
CO 1 Bt . 5" SF Group
3. Nevins been sifonied the opportunity to =WI with counsel, my decision we is follows: (Wild appropriate btoela. daft. cad sillf#
a.
8Id/rood trial by cours-nertiel.
b.
I do not darned trial bar eolawnsetial end in the Article 15 proceedings:
(I)
Inquest dm hearing be . Open . Closed. (2111/4 pence to swain mLbehalf . Is . hi not minimand.
. An attached.
(3)
Mathes in defames, mitiorion. anchor ottenuatien: 110 Are not mrosented Ll Wfll be wonted in
DATE sEa
ISIGNATURE
. 9 134 100 . Open . aosed he sing y s11 aatltarpressnoad is defense. mitiption. miler extenustien. having been considered. the vial ptaithencot is imposed: "
4)3. I direct du original DA roan 2627 be Sled in the . Perron...nye Oche . Restricted fiche sidle CWT. 1 WA
within S calends days. An appeal node alter that6. Yon Ire &dirtied of your eight to appeal to the Cdr, 4/31. IN
One nay be/Owed as untimely. Authiment is effective immechately unless othenvise stated above.
DATE
t CI, 5th SF Group 1 SIGNATURE
It(,(A
alL."Re°141ZATITellis
alailOMMCaltfil
7. (Initial appropriate block date. wad sty •
a. . 1 do not glossal b. 0 I appeal and do sot submit additional metros " c. 01 appeal and =bruit edifitional mutters "
DATE OF SERNCEMSMBER
I SIGNATURE
b (-0
S. Iltsve considered the appal and it is my opinion rhe:
SIGNATUREDATE 1 NAME AND GRADE OF JUDGE ADVOCATE
9. Alter coodderatice of all matters presented in appeal. the appeal is:
. Denied . Granted as follows: tri
I SIGNATURE
DATE mAsts. GRADE. AND ORGANIZATION OF COMMANDER
I DATE 1 sIGNATuRE or SERVt06 MEMBER
10. (have seen the action taken on my appal.
•
C/N
WED DOCUMENTS AND/OR COMMENTS 11' la 4
Form 4656X4
ORGINAL
CIA FORM UV, AUG 114 (EG) EDITION OF NOV 113 OBSOLETE
Fannie. ROOK .4111110f 123
1111111111
3181
DOD JUNE
DOD056997
U Insert a concise Man= of each offense in mans oaks a epee &c violation and the Article of*. UM (Peri MCA!). If additional space is needed, use item I I or toetivastion emu es desesibed in note 11 below.
V
slier 141510VFkiof the theXiMeMPUIAKatet wIneh,wity be imposed under Article
tv int= the Bombe that be or she demo* trial, MI could be by SOU, SPCM, or OM Addifionelly, Won tbe . member OW be or the nay object to Mel by SCM earddret si SPC64 or OCM be a the would be sodded to be mpreseened by qualified waiter/ misrmet„ or by civilian mass% at no expense to di sovernment
Ifthe member is eneebod to or anberiad in a mod, boor she is not pencilled to raise Miele IS pimisbauent. In mit am% all reference to t demand ferias! will be lined met sod en appropriate ma& well be nark in keel 1 I iodiadmi fee official sane of the vessel end that the member wee embed to or enthatod is the vessel at Matins ponialunast was imaged.
' Give the member copy 5 of this Cone.
Y Offenses detennlited not to ism been conwnimod will be lined out. Wilts impanels commander decides not so impale any punishment.** member will be =Modena ell copies of this ferns *mord.
g Amami of databases atm will be minded off to the next lower whole violas. If a posithinatt is mapeaded. the folimins astement should be added after to: To be mitotemically remitted Vim meted beim (dent). If puntalmint includes a levities ednionitite a reprimend, it will be amehed to this them tad limed in item 11.
7 The imposing commander will initial the appropriate Met The OMP1 1 performance fiche is roldinely used by MOSispecisity career rangers and DA selection boards. Ilia Ober mirieted Gabe is not OM to feedaPc:1411Y career attesters or DA erdaton bow* witissut approval of*. C*, PALPFACBM or selection been' P(41144441-
g If the member appeals, this form and all written evidence emaideml by the ireposino commaider *fibs fortarded to the supaiot authority.
g Beare acting on so appal, it men be referred to ajudoe advocate for advice Mai the punishment, stoke or sot suspended, *Ades redaction or ems or mire pay grades from the four* ora higher pay seed% to is hi mess et ooe of the Mowing: 7 days Emma quotas, 7 days cons:diesel custody. 7 der &facts of Pay, Or 14 4424 of 41111° °gmdatilm or rearietion. (Se•• Artick Se(1) to (7), UCJI(J.)
ig The superior setback), will Mittel the appropriate block. UM upped is panted, to specific relief granted will be stated according to sots 12.
ag hi this spree indicant the mumbo of pips smelted as follows: Allied docummus on appeal consist of __penes. Allied doctuneets include all written amen siseidared by the impalas commander submitted by due member on appeal and the commooder's Mutat if applicable. It additional space is needed for completion of say km11(4r nae pleat bond headed "Cootasetion Sheet I", sic.
Applicable mations oldie followins forma may be used to mead action lobo onteppea l.Anil:0144 hawfa should be entered in item 11 or, if neasesery, on a continuation sheet. Supplanontery actions Oars 3 -38. AR 114 0) will be recorded on DA Pant 2627.2.
Suspension, Mitigation, Remission, or Scant; Aside
MATZ;
On (date), the panishment(s) of
. imposed on (date 01 ouseltkossu) (was) (were) (saspoodsd a#111%4411 be adaptation* sonotilted Ha vacated Were (deed) Oleiritesed Oen erhk. sind ell dither. Prirtielbm wog Pr•PertT (Owed restore* (by omit order) (by ceder oft (she officer who is .the posarbeter0 (the swam, in emutiond to Thi imposisge corostanskr) (es SI PeriOr aldherkh. (Typed name, groat. and orraitation efeosurestrier) tof
•
121 Racial/caulk identifiers will be placed in Item 1 l (Chaim 15, Al 27-18).
Rows* RI DA Pan 2627, Aug JI
DA FORM 2627, PERTAINING TOGNIMINIIIIIIIMIIIIIIIM11110 C Co VA.) 2/146 IN APO AE 09335
-. . Formica Roped -Annex 12811111
3182
DOD JUNE
DOD056998
•
-"Ill
Page 1 of 1
MAJ MNC-I EFFECTS SJA
cu)
From: SJA [Mmie.Andersonedrumanyini1)
Sent: Friday, July 09, 2004 MO
To: 'nhq.c5.ermy, mil
Cc: LTC srAympusam., SJA
Subject: RE: RFA
tit
1st Battalion 5th Special Forces Group. commander Imposed a FG Art 15 b C')He was reduced one rank, forfeited pay, and was placed on tuft duty for 41 arlt,IllysfillileAlthough not haves copy of the Attic* 15, the I spoke to the C o 2-141N Cdr who recalls Ns case and the punishmentimposed%tiro CPTIMID
Message-n.hq.c5.amwatta )?09.2004 5:49 AM drunharray.mil
MOM
Thanks for the assistance on this matter. If you gat something today, please shoot it to me. A definitive b (I") "no action was taken' is just as good as a message saying " was dons."
111111111111L.1144
•
Force Feld Artillery and Mots Judge Advocate
Carna&
-811111CRIETAMEORN-
• 7110,2004
lgarm1ak Report-Amex 123
3183
DOD JUNE
000056999