Taguba Report Annex 43: Army Memo re: Letters of Reprimand for 800th Military Police Battalion Personnel

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Reprimands for members of the 800th Military Police Battalion for violations and infractions of violations and unprofessional conduct. The reprimands include an officer having inappropriate relationships with junior female soldiers; a soldier consuming alcoholic beverages; fraternizing with drinking colleagues; lack of leadership in preventing escapes; lack of leadership and failure in training on proper weapons as demonstrated by subordinate soldier negligently discharging an M-16 round while exiting his vehicle, rendering the vehicle inoperable.

Doc_type: 
Non-legal Memo
Doc_date: 
Saturday, November 29, 2003
Doc_rel_date: 
Monday, October 18, 2004
Doc_text: 

DEPARTMENT OF THE ARMY
COALITION FORCES LAND COMPONENT COMMAND
HEADQUARTERS THIRD UNITED STATES ARMY
UNITED STATES ARMY FORCES CENTRAL COMMAND
APO AE 09304

2 9 NOV 2003AFRD-CG
MEMORANDUM FOR Command Sergeant Major 800d' Military Police Brigade, Camp Arion, Kuwait, APO AE 09304
SUBJECT: Memorandum of Reprimand
1.
You are he..-eby reprimanded. It has beett-reported to me that despiii -iumerous verbal and written counselings warning you of your perceived misconduct, you continued to blatantly violate the Army's Fraternization policy by having inappropriate relationships with at least two junior enlisted female soldiers within your unit.

2.
Between January and September 2003, during your unit mobilization and while deployed in support of Operation Iraqi Freedom, you were seen hugging, massaging, kissing, touching, and socializing with junior enlisted female soldiers. Although you were warned that your actions were unacceptable, you continued your misconduct by giving preferential housing assignments, having female soldiers in your room late at night, and escorting certain female soldiers to and from their living quarters on a regular basis. When questioned about your conduct you provided a sworn statement that you knew to be materially false. Your behavior constitutes a violation of Article 134 for Fraternization and False Swearing.

3.
Your conduct is reprehensible. As a Command Sergeant Major, you have set an extremely poor example for your peers and subordinates. Your misconduct is especially disturbing in light of the rank of the soldiers you effected and our deployed environment. Your actions cause me to question your integrity, judgment, professionalism, and potential for future service.

4.
This reprimand is imposed as an administrative measure IAW AR 600-37, and not as punishment under the Uniform Code of Military Justice. It is, however, intended to promptly and directly signal my disapproval of your conduct. I have not determined whether I will direct the filing of this reprimand, but you must be aware that my disposition options include a decision not to file the reprimand, local filing, as well as filing in the Performance Fiche of your Official Military Personnel File. I will not make a fmal determination, however, until I receive and consider any response you may submit. Within ten days of your receipt of this memorandum, you may provide to me, in writing, any information in rebuttal that you wish me to consider. You will acknowledge receipt of this memorandum, by signing and dating the attached memorandum. Submit the acknowledgement and any rebuttal or extenuating and mitigating matters through, LTC. eputy Staff Judge Advocate, CFLCC.

DAVID D. McKIERNAN Lieutenant General, USA Commanding
t4-t--,L. 41 3
DODD0A-001715
DEPARTMENT OF THE ARMY
COALITION FORCES LAND COMPONENT COMMAND
HEADQUARTERS THIRD UNITED STATES ARMY
UNITED STATES ARMY FORCES CENTRAL COMMAND
APO AE 09304

REPLY TO
ATTENTION OF

5 MAY 2003
AFRD-CG
MEMORANDUM FOR MSG Headquarters. 800 th MP Brigade, APO AE. 09366
SUBJECT: Memorandum of Reprimand
1.
You arc hereby reprimanded. It has been reported to me that on 16 May 2003. you consumed an alcoholic beverage at Camp Bucca. Iraq. the theater internment facility for enemy prisoners of war (EPW

2.
Your misconduct in consuming alcohol was both foolhardy and a deviation from the high standards the Army sets for its noncommissioned officers. The foolhardiness of your decision is established by a review of the highly volatile operational environment at Camp Bucca. Camp Bucca is an EPW camp, located in recently occupied enemy territory. EPWs have been shot while escaping or threatening guards or other prisoners, and suspected war criminals are still being found within the general EPW population. In this volatile operating environment, any use of alcohol. even the consumption of a single beverage, is extremely poor judgment. The known effects of alcohol on the body include diminished reflexes and judgment. Your poor judgment in constimirh: an alcoholic beverage is compounded by the continuous requirement for you, as a senior noncommissioned officer, to be prepared to lead soldiers who may be called upon to respond to crises. While your consumption of an alcoholic beverage on duty in Iraq is not an express violation of CENTCOM General Order IA. it breaches the spirit of that order.

3.
Your misconduct causes me to question your judgment and professionalism. With a clear appreciation of the challenges involved in EPW operations, you should have set the example.

Instead. if only on one occasion. you have engaged in misconduct that can erode unit standards.
Your misconduct calls into question your fitness to continue to serve in a combat theater.
4. .1 -his reprimand is imposed as an administrative measure JAW AR 600-37. and not as punishment under the Uniform Code of Military Justice. It is. however, intended to promptly and directly demonstrate my disapproval of your conduct. I have not determined whether I will direct the tiling of this reprimand. but you must be aware that my disposition options include a decision not to file the reprimand, local filing. as well as filing in the Performance Section of your Official Military Personnel File. 1 will not make a final determination, however, until I receive and consider any response you may submit. Within ten days of your receipt of this memorandum. you may provide to me. in writing. any information in rebuttal that you wish me to
consider
AFRD-CG SUBJECT: Memorandum of Reprimand
You will acknowledge receipt of this memorandum, by signing and dating the attached memorandum. Submit the acknowledgement and any rebuttal or extenuating and mitigating matters through COL In= Staff Judge Advocate. CFLCC.
Encl DAVID D. McKIERNAN Lieutenant General. USA Commanding
DEPARTMENT OF THE ARMY
COALITION FORCES LAND COMPONENT COMMAND
HEADQUARTERS THIRD UNITED STATES ARMY
UNITED STATES ARMY FORCES CENTRAL COMMAND
APO AE 09304

2 5 MAY 2003
AFRD-CG
MEMORANDUM FOR MAJ Headquarters and Headquarters Company, 320th MP Battalion. APO AE, 09375
SUBJECT: Memorandum of Reprimand
1.You are hereby reprimanded. It has been reported to me that on 16 May 2003, you observed MAJERN and MSG 1111., both of the 800th MP Brigade consume alcoholic beverages at amp Bucca, Iraq, the t eater internment facility for enemy prisoners of war (EPW), and took no actions to stop their consumption of alcohol. Additionally, the consumption of alcohol that you witnessed and failed to stop occurred in the presence of a junior enlisted soldier. Your actions constitute fraternization.
2.
Your failure to stop these soldiers' consumption of alcohol reflects a failure to internalize the high standards ex ected of an Army officer. Your duty was clear: you should have ordered MAJ

and MSG to not consume the alcoholic beverage. As a leader, you should have recognized that their consumption of alcohol in the extremely volatile operating environment of Camp Bucca would have had the potential to diminish these senior soldiers' ability to lead soldiers who may be called upon to respond to crises. The presence of a junior enlisted soldier constitutes misconduct . Your mandate is to not merely obey established orders and rules: you are counted on to ensure other soldiers follow established standards.

3.
As an officer who has extensive operational experience, and a clear appreciation of the challenges involved in EPW operations, you should have enforced standards. Instead, you chose to ignore a significant act of misconduct that has the potential to erode unit standards. Your actions cause me to question your judgment and professionalism.

4.
This reprimand is imposed as an administrative measure IAW AR 600-37. and not as punishment under the Uniform Code of Military Justice. It is, however, intended to promptly and directly signal my disapproval of your conduct. I have not determined whether I will direct the filing of this reprimand. My disposition options include a decision not to file the reprimand, local tiling. as well as filing in the Performance Section of your Official Military Personnel File. I will not make a final determination, however, until I receive and consider any timely response

you may submit. Within ten days of your receipt of this memorandum, you may provide to me, in writing. any information in rebuttal that you wish me to consider. You will acknowledge
AFRD-CG SUBJECT: Memorandum of Reprimand
receipt of this memorandum, by signing and dating the attached memorandum. Submit the acknowledgement and any rebuttal or extenuating and mitigating matters through COL UM MEI Staff Judge Advocate, CFLCC.
Enc I DAVID D. McKIERNAN Lieutenant General, USA Commanding
DEPARTMENT OF THE ARMY
COALITION FORCES LAND COMPONENT COMMAND

HEADQUARTERS THIRD UNITED STATES ARMY
UNITED STATES ARMY FORCES CENTRAL COMMAND
APO AE 09304

REPLY TO
ATTENTION OF

2 5 MAY 2003
AFRD-CG
MEMORANDUM FOR MAJ UMW Headquarters, 800th MP Brigade, APO AE, 09375
SUBJECT Memorandum of Reprimand
1 You are hereby reprimanded. It has been reported to me that on 16 May 2003, you consumed an alcoholic beverage at Camp Bucca, Iraq, the theater internment facility for enemy prisoners of war (EPW). Your consumption of alcohol occurred in the presence of a junior enlisted soldier.
2. Your decision to consume alcohol was both foolhardy and reflects a failure to conform to the high standards expected of an Army officer. The foolhardiness of your decision is established by review of the highly volatile operational environment at Camp Bucca. Camp Bucca is an EPW camp, located in recently occupied enemy territory. EPWs have been shot while escaping or threatening guards or other prisoners. and suspected war criminals are still being found within the general EPW population. In this volatile operating environment, any use of alcohol, even the consumption of a single beverage, is extremely poor judgment. The known effects of alcohol on the body include diminished reflexes and judgment. Your poor judgment in consuming an alcoholic beverage is compounded by the continuous requirement for you, as a senior officer, to be prepared to lead soldiers who may be called upon to respond to crises. The severity of your misconduct is magnified by the fact that it occurred in the presence of a junior enlisted soldier. Finally, while your consumption of an alcoholic beverage while on duty in Iraq is not expressly prohibited by CENTCO1 General Order I A, it both contravenes the spirit of that order, and indicates a lack of appreciation of the expectations of officers. Your mandate is to not merely obey established orders and rules: you are counted on to aspire to a higher standard of personal
conduct.
3.
Your misconduct is singularly troubling to me in light of the tremendous promise you have demonstrated in the past. As an officer who has extensive operational experience, and a clear appreciation of the challenges involved in EPW operations. you should have set the example. Instead. even if this is a momentary departure from standards, you have engaged in misconduct which has the potential to erode unit standards. Your actions cause me to question your judgment and professionalism.

4.
This reprimand is imposed as an administrative measure JAW AR 600-37, and not as punishment under the Uniform Code of Military Justice. It is, however, intended to promptly and directly signal my disapproval of your conduct. I have not determined whether I will direct the filing of this reprimand. My disposition options include a decision not to file the reprimand, local filing, as well as filing in the Performance Fiche of your Official Military Personnel Section. I will not make a final determination. however, until I receive and consider any timely response

AFRD-CG SUBJECT: Memorandum of Reprimand
you may submit. Within ten days of your receipt of this memorandum, you may provide to me. in writing, any information in rebuttal that you wish me to consider. You will acknowledge receipt of this memorandum, by signing and dating the attached memorandum. Submit the acknowledgement and any rebuttal or extenuating and mitigating matters through COL UM
US Staff Judge Advocate, CFLCC.
End DAVID D. McKIERNAN Lieutenant General, USA Commanding
2

DEPARTMENT OF THE ARMY
800" MILITARY POLICE BRIGADE (I/R)
CAMP VICTORY, IRAQ
AE 09302

REPLN 10 ATTENTION OF
AFRC-CNV'-AJ-CG 10 November 2003
MEMORANDUM FOR Lieutenant Colonel
SUBJECT: REPRIMAND UP AR 600-37
1.
On 8 November 2003 another six detainees escaped from the Baghdad Central Confinement Facility (BCCF). These escapes included a detainee accused of murdering a US soldier. This incident highlights the lapses in security existing at BCCF since the 320th MP Battalion assumed control of the insallation. Various deficiencies and lapses have been brought to the attention of your staff by the 800th MP Brigade Headquarters personnel and others. 1 have personally brought these matters to your direct attention. Remedial action has been wholly inadequate. I am forced to conclude this results from a lack of leadership on your part.

2.
We are fortunate no soldier or other prisoner was killed or seriously injured as a result of these lapses. We cannot wait until after such a preventable tragedy to act. This is your last warning. Correct deficiencies in security at BCCF immediately corrected or youl will force implementation of more severe action.

3.
This is an administrative reprimand imposed UP of AR 600-37, and not as punishment pursuant to Article 15, UCMJ.

4.
1 intend to file this reprimand in your Military Personnel Record Jacket (MPRJ). If you should decide to submit matters in rebuttal, extenuation or mitigation I will carefully consider them in making a final determination on imposition of this reprimand. You have one week from receipt of this memorandum to submit such matters, and the response, if any, should be by endorsement to this memorandum. I will withhold final decision on imposing or filing this memorandum until that time period has passed.

JJANIS L. KARPINS Brigadier General, USA Commanding
DODD0A-001722

DEPARTMENT OF THE ARMY
800 th MILITARY POLICE BRIGADE (I/R)
CAMP VICTORY, IRAQ
AE 09302

REPLY TO A TT ENTI ON OF
AFRC-CN1. 10 November 2003
MEMORANDUM FOR Major
SUBJECT: REPRIMANIA UP AR 600-37
1.
On 8 November 2003 another six detainees escaped from the Baghdad Central Confinement Facility (BCCF). These escapes included a detainee accused of murdering a US soldier. This incident highlights the lapses in security existing at BCCF since the 320th MP Battalion assumed control of the insallation. Various deficiencies and lapses were brought to your attention through an AR 15-6 investigation on a previous escape, and in numerous staff assistance visits by 800th MP Brigade Headquarters personnel. You failed to carry through with your duties as the Battalion Operations Officer to identify these issues and implement prompt corrective action.

2.
We are fortunate no soldier or other prisoner was killed or seriously injured as a result of these lapses. We cannot wait until after such a preventable tragedy to act. This is your last warning. Correct deficiencies in security at BCCF immediately corrected or youl will force implementation of more severe action.

3.
This is an administrative reprimand imposed UP of AR 600-37, and not as punishment pursuant to Article 15, UCMJ.

4.
I intend to file this reprimand in your Military Personnel Record Jacket (MPRJ). If you should decide to submit matters in rebuttal, extenuation or mitigation I will carefully consider them in making a final determination on imposition of this reprimand. You have one week from receipt of this memorandum to submit such matters, and the response, if any. should be by endorsement to this memorandum. I will withhold final decision on imposing or filing this memorandum until that time period has passed.

JANIS L. KARPIN
Brigadier General, USA
Commanding

DEPARTMENT OF THE ARMY HEADQUARTERS, 800 TH MILITARY POLICE BRIGADE (IR) CAMP ARIFJAN, KUWAIT APO AE 09366
AFRC-CNY-Al-CG • 20 August 2003
MEMORANDUM FOR LTC 4006 Military Police Battalion
SUBJECT: REPRIMAND UP AR 600-3\7
1.
This letter of reprimand is a result of the incident on 19 August 2003 when one of your soldiers from the 770th Military Police Company negligently discharged an M-16 round while exiting his vehicle in the vicinity of the clearing barrels at Checkpoint 1 on BIAP. The discharge caused damage to the vehicle's fuel tank and rendered the vehicle inoperable.

2.
This incident demonstrates a failure in training on proper weapons clearing procedures and a lack of command emphasis by you on proper safety procedures to reduce the risk to your soldiers from accidental injury or death. A Battalion Commander sets the tone for the entire unit. It is your responsibility to ensure adherence to safety measures and standards. Soldier safety is my top priority. I hold you accountable for the safe environment of your soldiers.

3.
This is an administrative reprimand imposed UP of AR 600-37, and not as punishment pursuant to Article 15, UCMJ.

4.
I intend to file this reprimand in your local MPRJ. I will carefully consider any matters in rebuttal, extenuation or mitigation. You have one week from receipt of this memorandum to submit such matters. I will withhold final decision on imposing this memorandum until the time period passes.

ANIS L. KARPIN Brigadier General, USA Commanding
DODD0A-001724

DEPARTMENT OF THE ARMY HEADQUARTERS, 800 TH MILITARY POLICE BRIGADE (IR) CAMP AFtIFJAN, KUWAIT APO AE 09366
AFRC-CNY-Al-CG 20 August 2003
MEMORANDUM FOR CSM 400th Mi'itary Police Battalion
SUBJECT: REPRIMAND UP AR 600-37
1.
This letter of reprimand is a result of the incident on 19 August 2003 when one of your soldiers from the 770 th Military Police Company negligently discharged an M-16 round while exiting his vehicle in the vicinity of the clearing barrels at Checkpoint 1 on BIAP. The discharge caused damage to the vehicle's fuel tank and rendered the vehicle inoperable.

2.
This incident demonstrates a failure in training on proper weapons clearing procedures and a lack of command emphasis by you on proper safety procedures to reduce the risk to your soldiers from accidental injury or death. A Battalion Command Sergeant Major sets the tone for the entire unit. It is your responsibility to ensure adherence to safety measures and standards. Soldier safety is my top priority. I hold you accountable for the safe environment of your soldiers.

3.
This is an administrative reprimand imposed UP of AR 600-37, and not as punishment pursuant to Article 15, UCMJ.

4.
I intend to file this reprimand in your local MPRJ. I will carefully consider any matters in rebuttal, extenuation or mitigation. You have one week from receipt of this memorandum to submit such matters. I will withhold final decision on imposing this memorandum until the time period passes.

JANIS L. KARPIN Brigadier General, USA Commanding
DODD0A-001725

DEPARTMENT OF THE ARMY HEADQUARTERS, 800" MILITARY POLICE BRIGADE (IR) CAMP ARIFJAN, KUWAIT APO AE 09366
AFRC-CNY-AI-CG 20 August 2003
MEMORANDUM FOR CPT 770th Military Police Company
SUBJECT: REPRIMAND UP AR 600-37
1.
This letter of reprimand is a result of the incident on 19 August 2003 when one of your soldiers negligently discharged an M-16 round while exiting his vehicle in the vicinity of the clearing barrels at Checkpoint I on BIAP. The discharge caused damage to the vehicle's fuel tank and rendered the vehicle inoperable.

2.
This incident demonstrates a failure in training on proper weapons clearing procedures and a lack of command emphasis by you on proper safety procedures to reduce the risk to your soldiers from accidental injury or death. A Company Commander sets the tone for the entire unit. It is your responsibility to ensure adherence to safety measures and standards. Soldier safety is my top priority. I hold you accountable for the safe environment of your soldiers.

3.
This is an administrative reprimand imposed UP of AR 600-37, and not as punishment pursuant to Article 15, UCMJ.

4.
I intend to file this reprimand in your local MPRJ. I will carefully consider any matters in rebuttal, extenuation or mitigation. You have one week from receipt of this memorandum to submit such matters. I will withhold final decision on imposing this memorandum until the time period passes.

ANIS L. KARF'INSKI Brigadier General, USA Commanding
DODD0A-001726

DEPARTMENT OF THE ARMY HEADQUARTERS, 80011i MILITARY POLICE BRIGADE (IR) CAMP ARIFJAN, KUWAIT APO AE 09366
AFRC-CNY-Al-CG. 20 August 2003
shite 770'h Military 'olice
HMEMORANDUM -FOR 4 SG.
IT1 parry. ••¦¦..

),.
.

SUBJECT: REPRIMAND &) AR 600-37
I . This letter of reprimand is a result of the incident on 19 August 2003 when one of your soldiers negligently discharged an M-16 round while exiting his vehicle in the vicinity of the clearing barrels at Checkpoint 1 on BIAP. The discharge caused damage to the vehicle's fuel tank and rendered the vehicle inoperable.
2.
This incident demonstrates a failure in training on proper weapons clearing procedures and a lack of command emphasis by you on proper safety procedures to reduce the risk to your soldiers from accidental injury or death. A First Sergeant sets the tone for the entire unit. It is your responsibility to ensure adherence to safety measures and standards. Soldier safety is my top priority. I hold you accountable for the safe environment of your soldiers.

3.
This is an administrative reprimand imposed UP of AR 600-37, and no . as
punishment pursuant to Article 15, UCMJ.

4.
I intend to file this reprimand in your local MPRJ. I will carefully consider any matters in rebuttal, extenuation or mitigation. You have one week from receipt of this memorandum to submit such matters. I will withhold final decision on imposing this memorandum until the time period passes.

NIS L. KARP
Brigadier General, USA
Commanding

Doc_nid: 
2539
Doc_type_num: 
63