Marine Corps Memo: Possible Article 32 Investigation in to Alleged Detainee Abuse

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Marine Corps inquiry in to alleged detainee abuse based on statements related by medical personnel. The medical personnel claim the Marine being investigated stated that he injured his hand while punching a detainee. The inquiry found that it was clear from all the evidence that the Marine did not commit any inappropriate act towards a detainee. The allegation of abuse came solely from an individual outside of this command, and based on a supposed admission by the Marine, which is unsubstantiated. The report concluded that statements indicate that the events could not have occurred as described and that the Marine injured his hand by punching the ground, and not a detainee.

Doc_type: 
Investigative File
Doc_date: 
Saturday, July 26, 2003
Doc_rel_date: 
Tuesday, June 27, 2006
Doc_text: 

UNITED STATES MARINE CORPS
1St *dm, Mika P•110
Camp Babylon. k$ UIC 3W02 AP 110426-9702
NANVIOIRIO.

50
CG
26.7%*3

IIXTURN PNVOR313116NT on C) PI 51300 31 of S May 2003
Prom: coemending General, 1st Marine Division (Rein)
To% CoMeandiag Officer, 1st lattalina, 4th Marines

Subjs PREL/MINARY INQUIRY INTO Tee =MED MAO 12.1:1 KING r P11 maxi WAR ON OR ABOUT 16 APR 2003 SY 0351 laMc
Earls (6)Ltr from '0, C to IO dtd 30 Jun 03 (7)Ilectronlo mail response from IO dtd 2 Jul 03 goj Personnel Ce writ Apr 03
D3 yr/Rights
110) Statement of f 15 Jul 03 w/Rights Advisement

(0) Statement of f Advisement

(11)Statement of of 21 Jul D3

(12)Statement of Jr. of 24 Jul 03
113) Statement of of 24 Jul 03

1. Readdressed and returned. ?he subject line has been modified to specifically reflect the date, location and Marine involved in the Incident.
2. The following facts are added:
a. "That told US)(, MC, Medical Officer, 1st Battalion, 4th Marine lie bed punched an GPM in the face' while seeking medical care frog for his injured hand." (Encl. 1, 8)
injured his handrEMIInon-compliant MPG in the back of the head.* (Ymol 8, 10)
b. "That also told trsmc that he
e. That 111111.11111111111eter recanted his story claiming he injured his hand punching the ground.' (incl. 4, 5, 9)
d. 'That all available witnesses were interviewed by the
investigating officer. No evidence of mistreatment of Seamy Prisoners of war (SPWs) was discovered.' (encl. 7, 11, 12, 13)
1 Marines in chain-of-commend verified that ellial did not have access to Slits during the time when his hand was injured.' Itnol. 7, 11, 12, 13)
f. 'That no complaints were fil b 11PMe or Iraqi detainees for mistreatment during the time when injured him bend, (Rawl. 7,
11)
hat lied to officer, and aiming be punched an EPR when he actually injured himself by punching t e ground.
3. Opinion I id & d 4'1.7'; the medical

3

[ USMC 1ST MARDIV (26) ]
DODDON001088

Subj: PRIMJMUMARY INQUIRY INTO TUE ALLEGED UNP PRISON= OP WAR ON OR ACM, 16 APR 2003 SY 8776/C351 USW
4. Opinion 2 is added: That alleged actions Were in violation of Article 107 U047 because of the false official statements made to the medical officer, USN, NC, in violation of Article 134, UC114 for injuring himself (infliction of self-injury without attempting to avoid duty).
S. The proceedings, findings of fact, opinions and raccomendations of the investigating officer, have been reviewed by the staff Judge Advocate and are sufficient in fact and law. The investigation is closed.
6. The investigation is returned for administrative or judicial action as you dean appropriate.
Copy to: 34A
4
DOD JUNE. 1351

DODDON001089
• MUTED STAVES MAIMS CoRPS
1ST BATTALION, 4TH MARINES
1ST MARINE DIVISION (REIN). FMF
DIC 39726
FPO AF 96613-9726

5800
CO
28 May 03

FIRST ENDORSEMENT on xeliminary inquiry :CO
0351 UsNC

From: Commanding Officer
To: Commanding Officer, let Marines

Subj: PRELIMINARY INQUIRY ICO 0351 U8mC

1.
On 8 May 2003, completed a
Inquiry nto the injury sustained by
0351 USHC.

2.
I concur with the recommendation. It is clear that all testimonial
evidence that committed any inappropriate act toward an
enemy prisoner of war comes solely from individuals outside of this command
and is based entirely upon unsubstantiated admissions by
Additional) , statements from those with firsthand knowledge

assigned duties and whereabouts during
indicate that the events coul not h ve oc urre as
describes them. More likely, wisher o avo
embarrassment of having injured himself by punching the ground.

(b)(7)(C)

DODDON001090
=Inn WfXrell MR= CORPS
1ST BATTALION, 4TH MARINES
1ST MARINE OXVISI014 (REIN), EXF
TIC 39726
FPO AP 96613-9726

5800
51
8 May 2003

From: Second Lieutenant 0302 USKC
To: Comeamding Officer
Subj: PRELIM/MARY INQD/RY :CO 011111111111111111=2.110351 USMC
Ref: (a) JAGMAN Section 0204
Encl:.(1) Statement cf 8400 USN
(2)Statement of 0351
USMC

(3)Statement of

(4)
Statement of
8404 USN

(5)
Statement of 1111111111110 369 USMC

1. This reports coMpletion of the prelimirary

accordance with reference (a) into the cause of broken
hand.

2. Personnel contacted;

(b)(7)(C)
3. Ma oriels reviewed: Voluntary statements from
enclosure
to a enemy e was on a ra
Demonstrating a striking technique to these marines.

t ground with full force injuring his hand.•ce
and be an to swell he went to get treatment from
. After assessing nd,
ook him to the Bette on tat on Modica 0 f car an• he was t en sent for x-rays.
5. Recommendation: to further investigation warranted.
injured his hand anchin the ground and not an enemy pr saner of war ur
detainee. was not present to be interviewed about the
situation.

(b)( 7)(C)
DODDON001091

Doc_nid: 
2944
Doc_type_num: 
66