Marine Corps Memo re: Report of Board Inquiry in to Possible Detainee Abuse in Iraq

411

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX
WASHINGTON, DC 203801775
wmnYmmoRra

1920

JAMO

SFP 0 1 2W
SECOND ENDORSEMENT on SMBR ltr 1920 SJA of 21 Jun 04

From: Commandant of the Marine Corps

To:

Assistant Secretary of the Navy (M&RA)

Subj: REPORT OF BOARD OF IN UIRY IN T

ASE OF b)(6) USMCR
1.
Forwarded for review and final action.

2.
The basic corres is the Board of Inquiry (BOI)
report in case.

3.
A brief chronology of this case follows:

a. On 23 June 2003, while se in

Co,. .-d Anti-Armor Platoon Commander in Iraq, b s = ndb)(6)
ines detained four Iraqi men for looting. b)(6) •irected that the men be searched, stripped of their clothes (except for their shoes and underwear), and then released.
b. On 28 June 2003, b)(6) and =Marines fired upon and disabled a truck that attempted to speed through their checkpoint. Two Iraqi men, wounded by the Marines' fire, were given medical treatment and evacuated. The vehicle was searched for possible intelligence and intelligence support was requested. While searching the vehicle, the Marines uncovered clothing and seat cushions described as filthy and covered with unidentified stains. When it appeared that no intelli•ence

could be gathered from these articles, b)(6) rdered them burned. (b)(6) xplaine•t at t is precautionary
measure was in en.e• to prevent the spread of fleas, lice, fruit
flies and the disease leishmaniasis, an ailme
common among the military in Southwest Asia.

also contended that such articles were commonly used by
insurgents to conceal explosives on the sides of roads in other
parts of Iraq. All other confiscated articles were turned into
military intelligence.

c. On 1 August 2003, the Commanding General, 1st Marine Divis es posed nonjudicial punishment upon b)(6) and found(b)(6) • ilty of violating Articles 103 (failing to report

6 [ HQMC JA (04)

DOD JUNE 1176
Subj: REPORT OF NONJUDICIAL PUNIS THE CASE OF b)(6) SMCR
and turn over captured property) and 133 (conduct unbecoming) of

the Uniform Code of Milita mending General,
1st Marine Division awarded b)(6) orfeiture of
$2,034.00 •a r month for 1 mo and a Letter of Censure.
did not appeal b)(6) nonjudicial punishment.

d.
On 6 August 2003, b)(6) ubmitted an unqualified resignatio lieu of administrat' eparation processing for cause. (b)(6) acknowledged that if b)(6) resignation request was approved, (b)(6) service would be characterized as Honorable.

e.
On 8 October 2003,b)(6).as demobilized and
returned to the cognizance of U.S. Marine Corps Forces, Reserve.

f. On 9 Oct•.er 2003, my predecessor recommended that

esignation request be approved and that b)(6) • separa e• wit an Honorable characterization of service.
g.
On 6 November 2003, you d' roved b)(6) resignation request and directed b)(6) to show cause for retention at a board of inquiry.

h.
On 1 December 2003, my predecessor directed the
Commander, U.S. Marine Corps Forces, Reserve to convene a board
of inquiry.

i.
On 6 April 2004, the board of inquiry substantiated allegations of misconduct and recommended that b)(6) be separated with an Honorable characterization o service. However, one of the members submitted a minority report in which he substantiated the allegations of misconduct but recommended retention.

j.
On 19 July 2004, Commander, Marine Forces Reserve
recommended that the fin.'.• e board of inquiry be
approved and that(b)(6).• e separated with an Honorable
characterization o service.

. After eview of the applicable law and regulations,
tatements during b)(6) I onjudicial punishment,

e statements of (WM haracter witnesses, the transcript of the
board of inquiry an. the recommendations of chain of
command, I am satisfied that b)(6) nvoluntary

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11.77

DOD JUNE

Subj: REPORT OF NONJUDI THE CASE OF b)(6)
SMCR

separation with an Honorable characterization of service should
be approved.

5. In accorda rence (a), I recommend that you approve(b )( 6) nvoluntary separation, and that b)(6) service e c aracterized as Honorable. Your approval of this recommendation will effect the recommended acti separation code will be GNC1

SPV144.--

H. P. OSMAN
Deputy Commandant for
Manpower and Reserve Affairs

SEP --8 2004
APPROVED/EWORMANWEU
•

W 13# Navas, Jr
Assistant Secretary of the Navy

(Manpower and Reserve Affairs)

8

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HEADQUARTERS MARINE CORPS ROUTING SHEET (5211) NAVMC HQRS(REE)

06-03 •
DATE:
ALM 2 C. ,904
2 OPERATION CODE 3 SUBJECT:
ORJOINAT • -OF • E • INFORMATION AMONG AOLMNG SHEET H • RETURN TO: SNOW • :.11:.W:11 APPROPRIATE ACTION PENTAGON, Room 50810 GUIDANCE INITIAL no) SIGNATURE 4. DISPOSITION COMMENT K DECISION bRo RECOMMENDATION RETENTION CONCURRENCE 0-(OTHER)
ROUTING-Urns numbom to show order ol rou§r4)
5 OPR CODE IL ADDRESSEES 7 DATE 8 INITIALS ramcmomCONCUR 9 NATURE OF ACTION REQUIRED ORIGINATOR'S SCULLS DUE DATE (II any)
COOMANDANT CMC ROUTINE
MILITARY SECT IMALSEC
ASST COMMANDANT IACMC
1AUTARY ASV IMILASST
DIR MARCORSTAFF IDMACS
EXEC EDITOR f EDITOR
KCH DC, MARA MIRA 4110
DC, I&L L II REMARKS AND SIGNATURE

DC, PAM) (H additional space is necessary, attach *In paper)
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DC, AVN A
1. This action is referred to

DC, P&R IR
DC M&RA, for decision as the Show 0F1, 04 ICG Cause Authority for officer DC, CDC ICDC separations.
DEF DIR, SAM IMM LEGIS ASST IOLA
2. A synopsis and recommended

OR PA IPA
disposition are provided at Tab A.

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[ HQMC JA (05) ]
ACTION OFFICER: (Name, Grade, Office Cods, Telephone ex5
WI= Capt, J
117 9

DOD JUNE

DODDON000917

Subj: SHOW CAUSE DECISION b)(1)
Backgrounds In Jun 03, SNO was deployed to Al Kut, Iraq, as a
CAAT Platoon Commander in support of OIF I. At that time, SNO's
company was responsible for the security of two large Ammunition
Supply Points (ASPS) containing a variety of Iraqi and,
periodically, U.S. ammunition. Iraqi civilians frequently
intruded into the ASPs for the purpose of gathering empty
canisters and live ammunition. The'standard operating procedure
for treatment of repeat Iraqi trespassers was to take them to
the local Iraqi police station. According to SNO, such action
had been ineffective in the past as the trespassers were
typically released shortly after they were brought in and
proceeded immediately back to the site of their offense.

First Incident: On 23 Jun 03, SNO was informed by Marines
that they had apprehended four Iraqi men trespassing in the ASP.
Three of the detainees had been apprehended several times
earlier that day while trespassing upon the same ASP. SNO
ordered that the detainees be stripped down to underclothes and
shoes, escorted from the company position and released. The
detainees reportedly boarded buses and a taxicab and departed
the area. No further instances involving those individuals were
reported.

Second Incident: On 28 Jun 03, while SNO and b)(6) trines were
manning a vehicle checkpoint, a large, multi-trailered truck
sped up to run through the checkpoint. The Marines opened fire
on the engine and tires of the truck and it stopped in a nearby
ditch. SNO called for medical support for the injured driver
and passenger. •The vehicle was searched for possible
intelligence and intelligence support was requested.

While searching the vehicle, the Marines uncovered clothing and
seat cushions described as filthy and covered with unidentified
stains. When it appeared that no intelligence could be gathered
from these articles, SNO ordered them burned. SNO explained
that this precautionary measure was intended to prevent the

spread of fleas, lice, fruit flies and the disease
leishmaniasis, an ailment becoming more common among the
military in Southwest Asia. SNO also contended that such
articles were commonly used by insurgents to conceal explosives
on the sides of roads in other parts of Iraq. All other
confiscated articles were turned into military intelligence.

DOD JUNE 1180

Subj S80N CA17 I D CASE of b)(6)
MICR

Disciplinary Action (Tab C)t NJP held on 1 Aug 03.
Charges
Plea Finding Appeal/Status

Art. 103 Guilty Guilty Not appealed

(failing to report

and turn over

captured property)

Art. 133 Not Guilty Guilty Not appealed
(conduct unbecoming)

Punishment: Forfeiture of $2,034.00 pay per month for 1 month
and a Letter of Censure.

Resignation Request: On 6 Aug 03, SNO submitted an unqualified

resignation request in lieu of further administrative separation

processing. On 10 Aug 03, CG, 1st MarDi ommended that SNO's

resignation request be approved and thatb00•e separated with an

Honorable characterization of service. On 30 Aug 03, CG, I MEF

ommended that SNO's resignation request be approved and that

(b)(5 • e separated with an Honorable characterization of service.
On 8 Oct 03, SNO was demobilized and transferred back to the

SMCR. On 9 Oct 03, your pr essor recommended that SNO's

resignation be approved andbW •e separated with an Honorable

characterization of service. On 6 Nov 03, ASN

disapproved SNO's resignation request and directed b)(6) o show
cause for retention at a BOI.

BOX' COMMARFORRES convened a BOI on 6 Apr 04. The Board

substantiated the allegations of misconduct and recommended that

SNO be separated with an Honorable characterization of service.

However, one member submitted a minority report, substantiating

the misconduct, but recommending that SNO be retained.

Chain of Command Recommendations
* COMNARFORRES recommends that
40-tionst (b)(5) (b)(5)
2

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DOD JUNE
b)(6)
Subs: SHOW CAUSE =IBM IN THE CASE OF

SMCR

SJA to CNC Common (b)(51 (b)( 5)
SJA to CMC Recommendations That you approve the recommendations
of the Board and separate SNO with an Honorable characterization
of service. If you agree, please sign the correspondence at
Tab H.

Dir 101 Recommendation:
F.:

217

Separate with Hon LLL:.)26111101.__ Atnridi.

Close case

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DODDON000920