USMJ Article 15 re: Threatening a Detainee with a Loaded Weapon

A soldier was convicted for threatening a detainee with a loaded weapon. Punishment includes: 180 day suspension, $250/month forfeiture for two months. The inquiry found that the soldier threatened and fired their weapon in an effort to scare the detainee during an interrogation.

Doc_type: 
Article 15
Doc_date: 
Friday, December 12, 2003
Doc_rel_date: 
Sunday, April 17, 2005
Doc_text: 

C f;rC;vi ftez-N.
••¦•••=ff721 -.17,¦eame •
:
RECORD OF PROCEEDINGS UNDER ARTICLE 15, UCMJ
For use of this form, see AR 27-10; the proponent agency is TJAG. 3 5- c 7 ' i i
See Notes on Reverse Before Com letin Form
i
NAME GRADE SSN UNIT PAY (Basic &Sea/Foreign)
11111111111
1 i. Tam considering whether you should be punished under Article 15, UCMJ, for the following misconduct: - In that you, did, at or
I nearoon or about 20 August 2003, commit an assault upoo by pointing at him
with a dangerous weapon, to wit: a loaded firearm. This is a violation of Art. 128, UCMJ.

SEE CONTINUATION SHEET
2. :You are not required to make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-martial. You have several rights under this Article 15 proceeding. First I want you to understand that I have not yet made a decision whether or not you will be punished. I will not impose any punishment unless I am convinced- beyond a reasonable doubt that you committed the offense(s). You may ordinarily have an open hearing before me. You may request aperson to speak on your behalf. You may present witnesses or other evidence to show why you shouldn't be punished at all (matters ofdefense) or why punishment should be very light (matters of extenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the type and amount of punishment I will impose. - If yap do not want me to dispose of this report of misconduct under Article 15, you have the right to demand trial by court-martial instead. In deciding what you want to do you have the right to consult with legal
counsel
41
located at USAT DS , DS E , You now have 48 hours o decide what you want to do.
DATE /2 J) eApoo3 NAME GRADE AND ORGANIZATION OF COMMANDER
TIME

1034 kr$
3. Having been afforded the opportunity to consult with counsel, my decision are as follows: (Initial appropri bloc , ' te, an sign
a.
demand trial by court-martial.

b.
do not demand trial by court and in the Article 15 proceedings:

court -
II stht thonralDbthe os7Feprfrsrmtoceeci1 Is

) eerilaingAe F eoonansp linmy behalf I requested.
enuation. I
attached.

(3) Matters in defense, mitigation, and/or Are not presented 1 Will be presented in person I Are
iramirf,---not
::
DATE ,--;\ _, AME AND GRADE OF SERVICE MEMBER :::rw:
_ -.4e—O -)
4. In a( n) Io
I Open 1107:11 Closed hearing - all matters presented in defen se, mitigation, and/or e nuation, having been
considered, the following punishment is imposed: 1161 To forfeit."... per month for two months.

direct Form :).62Ofi I Restricted fiche of the OMPF. V NA .
17Pbeenfiled in
6. You are advised of your right to appeal to the Cdr, CJTF-7 within 5 calendar days. An appeal made after that •
time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.
....,. t. , t‘,.:-.:-..,:f.-,---,..--,,,. ... . ..
DATE NAM GRADE AND ORGANIZATION OF COMMANDER •-:._ ty
/c7i)g C 03
1 7. initial appropriate block, date, and sign)
st sy
I I appeal and do not submit additional matters - c. I appeal and submit additional
I . MEW do not appeal - b. I 8121matters -
,
DATE—, 1--NAME AND GRADE OF SERVICE MEMBER ,.--
/WJ-e-e._.
8. 1 have considered the appeal and it is my opinion that:
SIGNATUREDATE NAME AND GRADE OF JUDGE ADVOCATE
9. After consideration of all matters presented in appeal, the appeal is: .
)/
Denied 1 1 Granted as follows: 11`
SIGNATUREDATE NAME, GRADE, AND ORGANIZATION OF COMMANDER
DATE SIGNATURE OF SERVICE MEMBER
10.
1 have seen the action taken on my appeal.

Blk/M
11.
ALLIED DOCUMENTS AND/OR COMMENTS W L2-/ • '
1 - Report of Investigation
1- ORB ,

DA FORM 2627, AUG 84 (EG) EDITION OF NOV 82 IS OBSOLETE
DA FORM 2627, PERTAINING TO
Item 1, Continued:
In that you, did, at or neat on or about 20 August 2003, unlawfully strikel.1111111111111111111111
numerous times on the body and the head with a closed fist. This is a violation of Art. 128, UCMJ.
In th t ou did, at or neael.. on or about 20 August 2003, commit an assault upo by shooting near him with a dangerous weapon, to wit: a loaded firearm. This is a violation of Art. 128, UCMJ.
In that ou, did, at or nearallilion or about 20 Au ust 2003, wrongfully communicate to a threat that you would kill if. did not talk. This is a violation of Art.134, UCMJ.
CO6947

;.,,t-fAte,Gt
ME '.75F • PER8C-NR DA
•olev, 1-74rEi.; DATA
— ,,,, -;::=URRENT SERViCE •
RAY PER1.40N7H

; L.
C. TOT

;VI.;
1/1111 r t. I L,7c21o
I W. SPECIPICATIOrS
KAN 1,1i-oIo

Al-Tri("1.
sp. ...E...,rwlc,ATION 1:othat
20t)3, commit an assauit upot US Army. did at or Ilea,o

CY about 20 Auguet
iy pointing at hint v:fith a dangerous weapon, to tqt ioaded f:rearra.
1oI
SPECIFICATION 2: tn tha
1r s -,z1/4 it;:i Arm, did, at or nearo
nun:el-Ups tirtl&8o

nor about 20 August
i.he body and the head with as o:osed fist,
SFTCIFICATIONI 3: in that
2003: commit an aesauit uoca -

, US Airily, did, at o r hearo
on 'or ;:ibou;:20.ALiguel
y hooting neer hira w:th riz.­
-..naeittia weapon, to wit ioadW
I ChnrdA
VIOLAPONOF THE UC,A4J, ARTICLE 1 34

I o
SPEDiFiCATION: in that 1 , US Ar­
wronctiviiy ciornn -tunicate to ray: did, at r abc ut 23 At,azs: 20t.":3,
a that that ha would ki
4id ridt taik.

I
....o
7y

I a tItRAt.*.
C. ORGANZA:
C.1F ACCiia';P:
1
I
C. OATE
oaLthar:..t.'edoiaw•o­
: • ?$
above J.-tamedothiso:•i31•titiislc.; -•o.:)21-4in ffse.i::othi:i chnt...ter,oI
dr.ilyo0:-.-tober: 2003 ; -j.ndoaopeared ;he
111.,;;i•i•li--5.S f:On:,:a(q-afi eat:Tat:1: and „specit3=mticitii;
person hci io he:rinitbriri Coato
C.:(•1-as in:,estigate.;!•themr.0:::rt set .forthoartItt-iatothat eihoihehas- par‘3‹.-i33.11.-..nowl,t;ige:

nineo
5,1: theo
Of :1•IS'ber
(*inn

CO-Urk;;PI C.5/.:04.11y
asm.o
-o
he a C....?
DD FORM 45g, MAY 2000 (EG)o
PREViOUS EDiTION 01:J801

C 06948

2.
Or:o

Io
:sea:o:•;A:r5-r:FAIo
8irlaki-StoarVIon'­
0,1. •=,
ao-t

rrc
Tkpa..j i;:aO:$
F:.;:taarls2a:::7:
;

W
fiEr_ZETT SLIWARY cOUR:F-RIARMAt:Ce'ONVENING Ai..ITHORETY

r-7-..e aw.?orn:o
2Qai

1 cnc
1
1

1 I
I

I 1 I 1
R.E.r-7RR..41 SEF'sVICE

FffFiiGNA..71.014 CHAP:(3r-;
COMM141D COWF.--NIN)::-.-ii.iiTHORTY 1
DME. I
s.:331.4S.g'aci

1 1
et,:=1E,
13y

3
1
-

1
1o•
1

1 - ..1.
• .o3
. /I t
1.5-.

a
Io7jr! ­20 1-,:a3 o3 •
"..:4.11scy?;a7e:-:::::-(,.!..;3:::, bisi, 3i -t:: ai'.;;;Ki3'•FfOliki "Ls:::;3. o 1-
I
-Zr

I
.....

Fc70ThotEs-. o_ _
cr

C06949
j 3. GRADE OR RANK j 4. PAY
2. SSN

t\ AN:F_-• OF ACCUSED (Last, hrsL roll GRADE
1
C. CURRENT SERVICE

5. UNIT OR ORGANIZATION
1

INITIAL DATE 1 b. TERM
1o
I S. NATURE OF-RESTRAIN7 OF AC;CUS€D j 9. DATE(S) IMPOSED7. PAY PER MONTH

I • I A. BASIC b. SEA/FOREIGN DUTY c, TOTAL .1
-
mom
11, CHARGES AND SPECIFICATIONS

VIOLATION OF THE UCIMI, ARTICLE 128
10. (,1-1.AKCIE is
on Or about '20 August 2003, commit1 , U.S. Array, did, at .
SPECTICATION: In that
ripfvri y shooting near his head with adarigerous weapc.,-ely to produce death or grievous b^dily
harm, to wit: a loaded fireArrn. „4

A=44)
T.

,T,s.T A m-frym. rye THE T FON/17 p rirT F ^ / LTD
_

rHARric‘ IL , U.S. Army, did, at 11111111111111. on or about 2i August 2003,
SPECIIT-C.A:TION: In that
a.threat to kill him.

wrongfully communicate to
¦
PREFERRAL
b. GRADE . ORGANIZATION OF Ar‘r" rcER I la. NAME OF ACCUSER (Last, First MI)

111111111111111M
I- nn-ra •
c Lir%

d. SIGNATURE OF ACCUSER I "
1...w toadminister cases of this character

vFnAVIT: Pefore me, the ..nAersigned, authorized by , 2001, and signed the foregoing charges and specificationsabove named accuser this ~ v day of
h .personal knowle,dge of
hat he/she either as

under oath that he/she is a person subject to the Uniform Code of Military Justice and t
or has investigated the matters .set forth therein and that the same are true to the, best of his/her knowledge and belief
11111.1111111.11.
Organi7etign of Officer
Ty ed /Verne of Officer

01111111111111/
Official Capacity to Administer Oath

Gracia (Sea R.C.M. 307(N— must be a commissioned ofticet)
Sigriatiire
o P.,tEVIOuS t I iON.45OBSOLET

L3u t-OKIY.1 430 : ROA T ZUUti
C06950
1 •
ti33 aCCUSadowas inf=aa allargas aaairist mra:ner aria oT taa tie accuseris-; knowo to me (See R. C. 308 (a)). (See R. am 308-iinc,fification CanflOi be made,'
___________111.101111111111111111 o .oTyped Name of Immediate .Commander r
Grade

1
Signaturer•
N. RECEIPT BY SUr"oART COURT
13.
ll
• The sworn charges were received at hours,
e
Officer xercrsmg Summary Court-Mama! Junsmctron See t.U.erei23)
Typed Nagg: of OffiCer
1
MEW

Grade
Signature

11111.11.11111.111111.11...
Orocinkat;on of Immediate Commander
MARTIAL 'CONVENING AUTHORITY
-
2003 at

1111MMINIONIN_ Designation of Command or
FOR-WE
Commandirw
Official, Capacity of Officer Signing -

V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY I b. PLACEo c. DATE
Referred for trial to theo court-martial convened by
I
20o03 , subject to the following instrucjons: 2

Byo of
Command or Order

Typed Nail:* Of Officer Official Cegecity of Officer Signing
Grade
Signature

On , 2O 0:3 I (caused.to ba) se:yea -a copy hereof on ±ot") the above named accused.
Typed Name of net Counsel Grade or Rank of That Counsel
• Signature
FOOTNOTES: -1 —Men an appropriate commander sians personally, inapplicable words are stricken. 2— See iwa 501(e) concerning instructions. ii none, so state. .
00 FORM 458„ MAY 2000 PREVIOUS EDITION IS OBSOLETE. o
(

206951
DOD 003011

-1 c-
DEPARTMENT OF THE ARMY
12 October 2003

MEMORANDUM FOR RECORD
Subject: Local Suspension of Security Clearance and Access
1.
The access to TS/SCI for the following individual is locally suspended pending Court Martial:

2.
Due to mission requirements, the above individual will retain his SECRET/NOFORN access.

The individual is deployed with Task Force Ironhorse and will require the clearance for Operation Iraqi Freedom.
3. Upon completion of the investigation and the outcome of the pending legal action, the suspension will either be lifted or formally forwarded to the Central Clearance Facility_
3. POC this memorandum is
x06952

ust-itND FAVORABLE PERSONNEL ACTIONS (FLAG)

For use of this form, see AR 600-8-2; the proponent agency is MILPERCEN.
SECTION I - ADMINISTRATIVE DATA

1. NAME
(Last, First, MI)
12. SSN
13. RANK
1X1
On active duty Not on active duty

. On ADT 15. ETS/ESA/MRD
UNIT ASSIGNED AND ARiviY MAJOR COMMAND

7. STATION

(Geographical location)
8.
PSC CONTROLLING FLAGGING ACTION AND TELEPHONE NUMBER
9.
THIS ACTION. IS TO:
IxI Initiate a flag
Transfer a flag
(Sections II and V only)
Remove flag

(Sections III and V only) (Sections IV and V only)
SECTION II - INITIATE A FLAG
A FLAG IS INITIATED, EFFECTIVE

10. 1 1
20 September 2003 FOR THE FOLLOWING REASON:
NON ­

TRANSFERABLE TRANSFERABLE
Adverse action (A) APFT failure (J) Elimination -field initiated (B) 1
1 Weight control program (K)
I I

Removal from selection list - field initiated (C)
I I Referred OER (D)
II Security violation (E)
HQDA use only - elimination or removal from selection list (F)
SECTION III - TRANSFER A FLAG
A FLAG IS TRANSFERED FOR THE FOLLOWING REASON:

.

Adverse action - HQDA directed reassignment (G)
. APFT failure (J) 1
1 Adverse action - punishment phase (H) I I Weight control program (K) Supporting docuMents attached?
Yes

E II

SECTION IV - REMOVE A FLAG A FLAG IS REMOVED, EFFECTIVE FOR THE FOLLOWING REASON: Case closed favorably (C) Soldier transferred to a different Army component or discharged while case in process
12.
I (destroy case file)
(E)
I

Disciplinary action taken (D) Other final action (E)
SECTION V - AUTHENTICATION

DISTRIBUTION 1 - Unit Commander
1 - F&AO

1 - PSC
1 - Commander, gaining unit

(transfer flag only)

JAME, RANK, TITLE, AND ORGANIZATION SIGNATU
A

IA FORM 268, JUN 87 EDITION OF 1 JAN 80 OBSOLETE.
USAPPC V2 00

r 0 953
DOD 003013

DEPARTMENT OF THE ARMY
U.S. Army Trial Defense Service

AFZF-JA-TDS 24 October 2003 MEMORANDUM FOR
SUBJECT: Article 32(b) Investigation Delay Request --Niffarairawaparia
1.

The defense requests a delay in the Article 32 investigation from 1 Nov 03 to 10 Nov 03.
2.

The reason for the delay is to allow the recently retained civilian defense counsel adequate
time to appear and prepare for the hearing. On or about 19 Oct 2003, retained
, as his lead counsel for his defense.
defense requirese present at the Article 32 hearing:I have spoken to

b

and he can
e in our AO on or about 10 Nov 2003. I will send the Trial Counsel the necessary information
to arrange travel.

3.
The defense will be credited with the delay.

4.
POC is the undersigned atallinin 5_ I certify that a copy of this was served, via email, on the trial counsel and the Article 32

officer on 23 October 2003.
Mar Senior Defense Counsel

006954

DEPARTMENT OF THE ARMY
REPLY TO ATTENTION OF

SUBJECT: Delegation of Atthority to Exercise Article 15, UCMJ, Powers
1. Pursuant to AR 27-10, paragraph 3-7 c., I hereby delegate to you.the authority to exercise Article 15, UCMJ, powers to assist you in disposing of suspected offenses committed by the
following soldiers:
b.

2. You may exercise any power that I possess under Article 15, UCMJ, however, you are not
required to take any specific action.
3.

This delegation will remain effective until you take action, if any, but not
October 2003. -later than 18
Commanding

COG955

PROCEL=DINGS UNDER ARTICLE

For use of this form, see AR 27-10; the proponent agency is TJAG.
See Notes on Reverse Before Completing Form
GRAo.L
I .1 SSN
1 UNIT

I PAY (Basic & Sea/Forei n)

MI" MEW 1
I

1. 1 am consideringwhethe ou
d be punished under Article 15, UCMJ, for the following misconduct: 11
In that you -did, at or nea
on or about 20 August 2003, unlawfully strike 111111111111=1" on the body and head
with a closed fist. This is in violation of Art. 128, UCMJ.
2. You are not required to make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-martial.
You have see-fat rights under this Article T•5 proceeding: First I want you to understandl have-trotyel.made a decision whether or not you
will be punished I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the offense(s).
You may ordinarily have an open hearing before me. You may request a person to speak'on your behalf. You may present witnesses or

other evidence to show why you shouldn't be punished at all
(matters of defense) or why punishment should be very light (matters ofextenuation and mitigation). I will consider everything you present before deciding whether I will impose punishment or the type and amountof punishment 1-will impose. -z/ If you do not want me to dispose of this report of misconduct under Article 15, you have the right to demand trial
by court-m 2/ In decidin what ou want to do you have the right to consult with legal counsellocated at
. You now have 48 hours to decide what you want to do.'11
DATE 3 ,-.., €-I- -;---..- -.

:sic '

TIME i 6 ,/,).,
3. -Having been afforded the opportunity to consult with counsel, my decisions are as follow:
(Initial appropriate blocks, dqte, ands4-,n)
a: emand trial by court-martial.
b.
o not demand trial by co
. and in the A_rticle 15 proceedings:(1) 1 the hearing be ! . l Ope

losed. (2) A persOn to speak in my behair

Is j , Is not requested.
II (3) Matters in defense, mitigation, and/or
I _re
,a. on.: I A not presented i I Will be presented in person Are

attached.
I
DATE

I ci .,"7"--r72 :.;:7.--
L.'.

4.-In a(n) 1 I Open
used hearing i i all matters presented in defense, mitigation, and/or exterwiadon, having been

considered, the following punis imposed: 51 f/
Reduction to E2, suspended to be automatically remitted if not vacated by 8 April 2004; Forfeiture of $250.00 pay per month for two
months.

seo. ., .. :• • . ,..-:: •-:

Io
6. You are advised of your right to appeal to the
_ alendar days. An appeal made after that
time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.
DATE

AME, GRADE, AND ORGA TION OF COMMANDER
SIG.

appropriate block, date, and sign)
I do not appeal b. I I 9/

I appeal and do not submit additional matters
c. I appeal and submit additional matters 21 21
DATE NAME AND GRADE OF SERVICE MEMBER
8. I have considered the appeal and it is my opinion that:
DATE I INAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
: 9. After consideration of all matters presented in appeal, the appeal is: Denied I I Granted as follows:
DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER SIGNATURE
I ..
DATE !SIGNATURE OF SERVICE MEMBER

10.
I have seen the action taken on my appeal.

11.
ALLIED DOCUMENTS AND/OR COMMENTS 11/ 12/ 13 is.

DA FORM 2823
DA FORM 2627. AUG 84
EDITION OF NOV R9 IS ORSOI FTF
O G

DOD 003016
RECORD OF PROCEEDINGS UNDER ARTICLE 15, UCIVIJ
For use of this form, see AR 27-10; the proponent
agency is TJAG.
See Notes on Reverse Before Completing Form1.szitE
ta, ssN
i UNIT
PAY

(Bayic & Sewiforeimi
1 1. I am-considering whethe
uld be punished under Article 15, .UCMJ, for the following miwonduct:1'
I In that you did, at or nea
'nor about 20 August 2003, unlawfully strike
la closed fist. This is in violation o
. _. . 122, UCMJ. on the body and head wit
2.

Yoit.Ca:Zenot required to make any statements; --butif you do, they may be used-against you in this' proceeding or at a trial by court-martial.
You have several rights under this Article 15 prOceeding. First I want you to understand I have not yet made a decision whether or not you will be punished. I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed the offense(s). You may ordinarily have an open hearing before me. You may request a person to speak on your behalf. You may present witnesses or
other evidence to show why you shouldn't be punished at all
(matters of defense)

extenuation andmitigation). or why punishment should be very light
of punishment I will impose. 2 /I will consider everything you present before deciding whether I will impose punishment or the(matters of
type and amount
by court-3/ If you do not want me to dispose of this report of misconduct under Article 15, you have the right to demand trial
located at in w t you want to do you have the right to consult with legal counsel DATEo . You now have 48 hours to decide what you want to do.-4/
'

NAME GRADE, AND' ORGANIZATION OF COMMANDE
o

TIME lJ v
l URE
3. Having been afforded the opportunity to consult with counsel, my decisions are as follow:
a.
emand trial by court-martial. (Initial appropriate blocks, date, and silt )

b.

do not demand trial urt-martial and in the Article 15 proceedings:

(1)
I request the hearing be L

n I Closed. (2)
(3)
A person to speak in my behalf

Matters in defense, mitigation, and/or extenuation: I Is i Is not requested.
attached. I Are not presented I I Will •b-e presented in person Are
DATE o
AME AND GRADE OF SERVICE MEMBER

4. In a(n)•./-
en I ---
I Closed hearing 5
.considered, the/ -/ all .matters presented in defense, mitigation, and/or extent .:-.,
ing punishment is imposed: -/ §/ uation, having been
-

Reduction to E3, suspended to be automatically remitted if not.vacate _by
-. •
vacated

Months. --8 April 2004;.Forfeiture of 5250,00 pay per month for tvio
-627-13e-41
te4_f±eite_et4he..04\4pf_4z

16. You are advised of your right to appeal to, the _
' within 5 calenaar days. An appeal made after that

time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above. ,
I DATEo 1 ISI
^1. GRADE A

7.
(Initial appropriate block, date, and sign) ! i d not appeal b .o•o .o—
I appe­,d a-
ad do not submit additional mattersl i 2/

I— —.--I appeal and submit additional
DATEo
• NAME AND GRADo matters ?-1 2/
ER 'SIGNATURE

8.
I have considered the appeal and it is my opinion that:

9.
After consideration of all matters presented in appeal, the appeal is

'NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
Denied

Granted as follows: 12/
DATEo
NAME, GRADE, AND ORGANIZATION OF COMMANDER

SIGNATURE
o

10. I have seen the action taken on my appeal. DATE
.SIGNATURE OF SERVICE MEMBER

11.
ALLIED DOCUMENTS AND/OR COMMENTS
11: 12; 131
DA FORM 2823
DA FORT' I 2627. AiUG 84
OF NOV 82 IS oRsof FTF

REPOFT TO SUSPENO F:VORASLE PERSONNEL 12-' 17TIONZZ- 117-.1 AG
For use of this form, see AR 800-8-2; the proponent Agency is NIILPERCEN.
SECTION -ADMINISTRATIVE DATA
NAME (Last, Fra, ,ML

SS-1 13 RA NK

11111111111111111
111=11111

On a:fttive duty N on ect.ve duty On ADT ETSiESA/MRD i
7. STATION (G.--:carephi-rlet :cc:affor)
8. F-SC CONTROLLING FLA NE ASTK3N AND TELEPHONE NUMBER
19. THiS .--,f..i)L,N IS To:
-i
i\e'l

i Initiate a flee I I I:
;"I Transfer a L j Remove flag
(Sections II and V only)r 1Sectioos ill and V only)r [Sections IV and V only

I
SECTION 11 - INITIATE A FLAG

1--
510.
I X' A '5-11,.G IS INITIATED, EFFECTIVE 23 SEP 2003 FOR THE FOLLOWING REASON:
NON-TRANSFERABLE TRANSFERABLE
IXI Adverse action (A) APFT failure (J)
1 I

Elimination -field initiated (8) Weight control program (K)
i Removal from seiscnon Hst - field initidtad IC)
I
• I Referred OER (D) 1
Securii violation -(E)

HCIDA use f?nly -remove) from selection list (F)
SECTION I:f - TRANSFER A FLAG

FLAG IS TRANSFERED FOR THE FOLLOWING REASON:
o

Li Adversc, 3ctics.n -HC1DAmrscted reassc..-inmen1 if3)
faiiure (3)

zsCt:Ofi - ;2!s_ini6i1{Tit,41 t pi': aSa
Weigin control program IK)
.

dr_:,c.firnent7, ; i ¦ f_
77C -1 -, E.% !o •—•. E V

A 1-‘4 AG IS 1-11:?4 ,:.--)vzio. EFFECTVE o
EOR THE FOLLOWING RFASON:
r-T1
Case emcee favorably (C) Soldier transferred to a different Army component. 91. - I discharged-while case in process (destroy case Mai (t)

Disciplinary action . taken (D) Other final action (8)

bECT1ON V - AUTHENTICATION DISTRIBUTION
-Unit Commander
1 - HAD
1 - PSC

-Commander cainino unit (transfer flag only/
f'srlE RANK, TITLE, AND ORGANIZATION ;SIGNATURE
• .).A FORM 268. ...3 1 !N 87
EDITION OF 1 JAN 80 IS OBSOLETE.

USAFPC
r 06951

ARTICLE 15 SCR[

in

ADC(S); 1111111111, my purpose today is to •determine whether you-are guilty of the offense liiied-Onvour -Article 15:-0.:sa-alt of on or about 20 . August 2003. This 98 of the Ur ifnrrn.. Code of M 12farsr. ji) ! ce..
IVIiiKimum Punishment and Filing
-.

ABC(S): if I find you guilty, then I will-also decide upon an appropriate pnnishment. The
maximlim punishment that 1 can impose

Reduction to Private -1).:
2_ Forfeiture of 112 month's pay per month -for two month.

3.
-Extra dtity for 45 consecutive days: • •

4.
Restriction for 60 days but if.ext.ra duty and restriction are combined restriction my not
exceed 45 days.

5.
A Written or oral reprimand or admonition.

'Right to Attorney

DC(S): Have you consulted with a defense lawyer about your case?
Accused: [Response]

DC(c--): Did you complete this form as indicaleci?
Accused: Resporisel

Right to Prent Evidence
2D§—(S): .1 have- already reviewed The sune evidence that you were provided. Do you have any . adtlitiorv;} evidt ,riceor nytHii WOPild t ike tO Sa)lat this tie?
Accused:' .[ResponSe]

Findings and Punishment-
[The standard of proof is the -sm-ne at an arficle 15 as it is at a court-martial. If. ou are convinced beyond a reasonable doubt that the accused is guilty of the offenses make a finding of away. If you are not convinced beyond a, reasonable doubt, you should make a finding of not guilty.]
C 0 953

it Finain° 1.3-13.uLY

-kr,C(S): I have considered all of the evidence presented. .f am not convinced beyond a
reasonable doubt-that you are guilty of these offenses. Therefore, these proceedings are
fermi.' Mated and-no •unishment Will be imposed. {Counsel the soldier as desired] You are ..:( 1 isrrlisSPd
If Finding of Guilty

ADC(S): I have considered all the evidence presented. I am convinced beyond a reasonable doubt that you are guilty of the offense of assault I have considered all matters presented in defense, mitigation, and extenuation, and I impose the following punishment -
7r(

1. To be reduced to Private f0) (E-2) (E-1) °
2. To forfeit $ pay per month for (one month) (two months).
[Maximum forfeiture is as follows:
E4: $88 _ nay per mouth for two months. If
E3: ay per month for two months. . 4 C •
E2:. $695.00. pay per month for two months.* \TT'
El: $625.40 pay per mouth for two months.*
*Even if the soldier's reduction is suspended.]

3.
To perform extra duty for consecutive days. [ aximr length of extra duty is 45 day-s.1

4.
To be restricted to the limits of company area, place of duty, place of worship, medical facility, dental facility, and dining facility, far days.

(Maximum length of restriction is 60 day's, but if extra duty and restriction are combined restriction mv not e-s•-,•e,I 45 days1
5. (Give oral reprimand/admonition) or written reprimand/admonition.
006960

Y ou 11.311V susDenci any punishment ror a pennon--to exceed 180 'y fe.a., If administered on 23 Jan, maximum end date would be 21 Jul 03] If vol'Rusnend anypunishment. give an ex2cf, date for the suspension to terminate.
Format: (All)--0.\o
A 1 1 \o12Crn`Nillb) -

(is) (are) suspended until

Please do not write the punishment on the Article 15 form wiH type in the
punishment as recorded on this worksheet.
Appeal Rights

ADC1S): You are advised of your riolit to anneal this Article i5 to the 4 th infantry Division(Mechanized) COMMEITidina General within 5 o,nlencin T days
Conclusion and Signature
ADC(S): Do you have anything you wish to add?
Accused: {Response]

A PCS) : You are, dismissed to wart outside nay office for further instructions.
{Date and sign in Block 6 of the DA Form 2627, check that blocks 4 and 5 have been completed.;
3

C06961
DOD 003021
LI, • Ios;
e;ji .v!o!-,9 1.0L•-•4 ! -*V?oIrs--rTf: • i
k. 2t A
.7
Vii/
a ; •- 4 -• , .."""L: ;1­?. I 5 ',`,1o-11-2 0". -' "•• }Z • •

r G696 2

r06063

RECORb OF PROCEEDINGS UNDER ARTICLE 1: -Z.i,fi.j
For use of this form sae AR 27-10 the proponent agent i
.

IC 11 A ‘., .D
See Notes on Reverse Before Completing Form !
... -7
IoRADEoSSN
1

I PAYo(B ,,. .c -.P. ear re: TO
AilliM1111.
I 611111111.1111M
1. I am considering whether
ou should be punished under Article 15, UCMI, for the following misconduct:
1/

In that you did, at or near n or about 20 August 2003, unlawfully strike
on the body and the. head
with a closed fist. This is m vio a ion of Article 128, UCMJ.
2. You are not requited to make any statements, but ifyou do, they may-be used against you in this proceeding or at a trial by court-martial.
You have several_ rights under this Article 15 proceeding. First I want you to understand. I: have not yet made a decision whether or not you

will be punished: I will not impose any punishrnenCuitass ram convinced beyond a reasonable doubt that you committed the offense(s).
You may ordinarily have an open hearing before me. You may request a person to speak on your behalf. You may present witnesses or
other evidence to show why you shouldn't be punished at all

(matters of defense) or why punishment should be very light (matters of

extenuation and mitigation).
I will consider everything you present before deciding whether I will impose punishment or the type and amountof punishment I will impose. 2/If you do not want me to dispose of this report of misconduct under Article 15, you have the right to demand trial
by court-m.
is instead. 2/In deciding what you want to do you have the right to consult with legal counsel
. .
. You now have 48 hours to decide what you want to do. a
DATES C-,:iir:7-..1---2---3 DE AND ORGANIZATIONs, r e.o. ro1--.-Po

located at
1 Siimamear
TIME /S---,
I
I

1 3. Havin• been afforded the opportunity to consult with counsel, my decisions are as follow:
(Initial appropriate blocks, date, and sign)

a. I demand trial by court-martial.
• ....--..ila
.I do not demand trial by court-in nd in the Article 15 proceedings:
1 (I I request the hearing be I

I Open dosed. (2) A person to speak in my behalf Is I I Is not. sted.
' (3) Matters in defense, mitigation, and/or ­
e;,enuation: I I Are not presented I Will be presented in person . . re _,
attached. . 1 DATE 7 . A ¦ A.
oir1 , II.:1 •.•.SERVIC.1/.I/ :.:.
SI TURE
1

4. In a(n) I I Open 1110
osed hearing a all matters presented M defense,
mitigation, and/or extentuation, having been

I
considered, the following punislih'ien is imposed: V a
I Reduction to E5; Forfeiture of $250.00 pay per month for two months; Forfeiture of $918.00 pay per month for two months,
suspended to be automatically remitted if not vacated by 8 April 2004.
I

5.
I direct the original DA Form 262J be filed in the

MN 'erformance fiche_ stricted fiche of the OMPF. 1/

6.
You are advised of your right to appeal to the ,

in 5 calendar days. An appeal made after thattime may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.

DATE SIG A'RJREo--
P--oCS .C--Tot'Y.7
7. (Initial appropriate block, date, and sign)
a. I I I do not appeal b. I I I appeal and do not submit
additional matters 11 21 C. rI appeal and submit additional matters A/ 2/
DATE SIG
ll Oct-o.3 TURE
8. I have considered the appeal and it is My opinion that:
The proceedings were conducted in accordance with la and regulation/andhe punishment imposed were not unjust nor disproportianate to the offense emitted.
NAME AND GRADE OF JUDGE ADVOCATEo
DATE DC SIG LIRE
/(5). _ 4f 3
I 9. After consideration of all matters presented in appeal, the appeal is:I I Denied PS‹ Granted as follows: 1(1/
Reduction to E5, suspended, to be automatically remitted if not vacated before 11 April 2004.
DATE I NAME, GRADE, AND ORGANIZATION OF COMMANDERo
i SIGUla RE.

12 OC i" 03
DATE SIGN TURE OF ERVICoEMoR

10. I have seen the action taken on my appeal. ..,:\ ...., ,I j__ ..., -7 -
-=-' i El C.11 U.....D

11 A L i mr, nnri I& Arwl
mn -rc n wir,,,r, .-.^....1-.,-,-^r1 1 1rIn 1r1,
DA FORM 2823
DA FORM 2627, AUG 84
EDITION OF NOV 82 IS OBSOLETE

ORIGINAL
4 USAPPC Vi .00

ü 6 9 6

REPORT TO SUSPEND FAVORABLE PERSONNEL ACTIONS (FLAG)
For use of this form, see AR 600-8-2; the proponent agency is MILPERCEN.
SECTION I - ADMINISTRATIVE DATA
nrn

4.
ISI active duty

Not on active duty
I On ADT 5 ..ETS/ESA/MRD

6. UNIT ASSIGNED A MY MAJOR COMMAND 7. STATION
(Geographical location)'Iraq
8. PSC CONTROLLING FLAGGING ACTION AND TELEPHONE NUMBER
f9. THIS ACTION IS TO:
Initiate a flag
I

_)A PTransfer a flag
(Sections II and V only)
Remove flag

(Sections III and V only)r (Sections IV and V only)
1 SECTION II - INITIATE A FLAG
IXIrA FLAG IS INITIATED, EFFECTIVE
_ 02 Oct 03

FOR THE FOLLOWING REASON: NON­
TRANSFERABLE
E—

TRANSFERABLE
I

Adverse action (A) APFT failure 01
.

Elimination - field initiated (B) Weight control program (K) Removal from selection list - field initiated (C)
Referred OER (D)
Security violation (E)

HQDA use only - elimination or removal from selection list (F
.
SECTION III - TRANSFER A FLAG

A FLAG IS TRANSFERED FOR THE FOLLOWING REASON:
n
1 o
Adverse action - HQDA directed reassignment (G) LJoAPFT failure (J) Adverse action - punishment phase (H) Weight control program (K)
Supporting documents attached? '
I
___. i Yes
No

12. SECTION IV - REMOVE A FLAG A FLAG IS REMOVED, EFFECTIVE
_ FOR THE FOLLOWING REASON: Case closed favorably (C)
LJ

Soldier transferred to a different Army component or discharged while case in process
: I

. (destroy case file)
(E)
Disciplinary action taken (D) Other final action (E)
SECTION- V - AUTHENTICATION

) ISTRIBUTION
1 - Unit Commander
1 - F&AO

1 . - PSC
1 - Commander, gaining unit

(transfer flag only)
TLE, AND ORGANIZATION
r
(SIGNATURE
(DATE

A FORM 268, JUN 87
EDITION OF 1 ..1­
AN.130 IC nncni crr-

DOD 003025

RECOREF-T.)F PROCEEDINGS UNDER ARTICLE I5, UC;1-;11,1
For use of this form, see AR 27-10; the proponent agency is TJAG.
See Notes on Reverse Before Completing Form

ME

GR DE ISSNo I UNIT
! PAY (Basic & SeelForeign)
,
I

1. I am considering whether ou shou d be punished under Article 15, UCMJ, for the following misconduct:
In that you, did, at or near

n or about 20 August 2003, unlawfully strike on the body and head with aclosed fist. This is in violation o Article 128, UCMJ.
—2. You are not required to make any statements,- burif -you do, they may be used-against-you in this proceeding or at a trial by court-martial.
You have several rights under this Article.15 proceeding. First I want you to understand I_have not yet made a decision whether or not you
will be punished;Twill not impose any punishMent unless- I am convinced beyond a reasonable- doubt -di

—at you committed the offense(s).

You may ordinarily have an open hearing before me. You may request a person to speak on your behalf. You may present witnesses or
other evidence to show why you shouldn't be punished at all (matters of defense) or why punishment should be very light (matters of
extenuation and mitigation).
I will consider everything you present before deciding whether I will impose punishment or the type and amount
of punishment I will impose. ?/If you do not want me to dispose of this report of miscondincelgAMEteptitt 3

,031saitallatiAN to demand trialby court-martial instead. 1/In decidin what you want to do you have the right to consult with legal counsel
located at
_ . You now have 48 hours to decide what you want to do. 9-1

DATE IDt C.T 0 ,3 INAME...GRAnc AND OF1r, A.NI , ^2-1cin.
glom p4suluil
TI P4S' ri3I112°'

3. Having been afforded the opportunity to consult with counsel, my decisions are as follow:
(Initial appropriate IV° ks, date, and sign)

I a. i demand trial by court-martial.I b.
I do not demand trial by court-martial and in the Article 15 proceedings:1 (1) I request the hearing be ( I Open -(2) A person -to speak in m._behalf I I Is INN Is not re nested_
.. Closed.

(3) Matters in defense, mitigation, andior extenuation: ¦ . Are not presented - Will be presented in person Are
attached.
DATE •

D OF BER
SI NATUR

.R0 ocr 7
4. In a(n) 1 1 Open losed hearing 1/ a matters presented in defense, mitigation, and/or extentuation, having been
considered, the following punishnathit is imposed: 5- '5,/ roc '-v.,`+‘, c't--. e'?' S i.50 a 0),rr P.? 0n4-ki .coc" 4-wo root-4415mor q6i-o-ce, c)C-_.S 502c.y ,ff.. inc-(14.k Fp c'.-. -,,-)0 010"4-hs -5.05 eqi -1_ 4,-c!:.:s. c,..--1-:?j7i---/411
, ,-4
-ica II f'2Tht4.1-e,

}-P no-i" Vc:'.1:-:o-c.V-,e.....:_30. 42c- Cicf.:,'-. V_:;,.-41.79-.,[1) 4-..--,5",-; isD -.,.;),,---; .c:)Ls-red-i-ce,. 4.6 be
re,,) ;Ag-eris rx)-1-_ •...-o "r,--,crt-i&xl\y
N./oscet-i-eA. k:3-6-Vi.,• .--i.":././ - -
;ic-­

5. I direct the original DA Form 2627 be filed ine Performance fiche -estricted fiche of the OMPF. 2/
6. You are advised of your right to appeal to the thin 5 calendar days. An appeal made after thattime may be rejected as untimely. Punishment is effective immediately unless otherwise stated above._
DATE NAME, GRADE, AND OR A IZATION OF COMMANDER j SIGNATUR
24% 01/1-01)
7. (Initial appropriate block, date, and sign)
2. I do not appeal b. .1 8/ 9/
( I appeal and do not submit additional matters c.
appeal and submit additionalmatters g/ 9 /

)ATE
MBER
SIGNATUR

a oc.-03
I. I have consideired the appeal and it is my opinion that:
rATE NAME AND GRADE OF JUDGE ADVOCATE
SIGNATURE

. After consideration of all matters presented in appeal, the appeal is:IoI Denied I Granted as follows: Ji"
ATE NAME, GRADE, AND ORGANIZATION OF COMMANDER I SIGNATURE
1 SIGNATURE OF SERVICE MEMBER

1. I have seen the action taken on my appeal. DATE
. ALLIED DOCUMENTS AND/OR COMMENTS 11/ 12/ 12/
CID REPORT -
DA FORM 2823

1, FORM 2627, AUG 84 EDITION OF NOV 82 IS OBSOLETE
ORIGINAL

USAPPC V1.00
KCl.,01,, FKUUttUINCIS UNDER ART 15, UCMJ For use of this form, see AR 27-10; the proponent agency is TJAG. lC
See Notes on Reverse Before Completino-Form
GRADE SSN
UNIT PAY (Basic cf:Sea/Foreig,n)c
4c)
1. I am considering whether you should be punished under Article 15, UCMJ, for the following misconduct In that you, did, at or
lc
near Samarra, Iraq, on or between 3 January 2004 and 16 January 2004, wrongfully endeavored to impede an investigation by influencing the sworn statements of
SEE CONTINUATION SHEET

2_ You are not required to Make any statements, but if you do, they may be used against you in this proceeding or at a trial by court-martial. You have several rights under this Article 15 proceeding. First I want you to understand that I have not yet made a decision whetheror not you will be punished_ I will not impose any punishment unless I am convinced beyond a reasonable doubt that you committed theoffense(s). You may ordinarily have an open hearing before me. You may request a person to speak on your behalf. You may present
witnesses or other evidence to show why you shouldn't be punished at all (matters of defense) or why punishment should be very light
-(matters of extenuation and mitigation).
I will consider everything you present before deciding whether I will impose punishment or thetype and amount of punishment I will impose. If yob do not want me to dispose of this report of misconduct under Article 15, you have
the right to demand trial by court-martial instead.
In deciding what you want to do you have the right to consult with legal
counsel
located at

You now have 48 hours to decide what you want to do. 41
DATE .2-trte4-p, ocl NAME, -GRADE, AND ORGANIZATION OF COMMANDER
TIME J4/6 0

3. Having been afforded the opportunity to consult with counsel, my decision are as follows: (I nitial appropriates locks, date, and sign)
a.
f I I demand trial by court-martial.

b.
111111 I do not demand trial by court-martial and in the Article 15 proceedings:

(1)
I request the hearing be I Open Closed. (2) A person to speak in my be I I Is Is not requested.

(3)
Matters in defense, mitigation, and/or e enuation:j I Are not presented Will be presented m person Are

attached
DATE NAME AND GRADE OF SERVICE MEMBER

4.
In a(n) I I Open Closed hearing - all matters presented in defense, mitigation, and/or e having been
considered, the following puniShment is imposed: 511

To be reprimanded_

5.
I direct the original DA Form 2627 be filed in the

r---1 Performance fiche Restricted fiche of the OMPF. 21- NA

6.
You are advised of your right to appeal to the 1111111101

. within 5 calendar days_ An appeal made after that time may be rejected as untimely. Punishment is effective immediately unless otherwise stated above.
DATE NAME, 'GRADE AND ORGANIZATION OF COMMANDER
7. appropriate block, date, and sign)
I do not appeal : b. I I appeal and do not submit additional matters -191 c. I I I appeal and submit additional 9/
matt

DATE ME AND RADE OF SERVICE MEMBER RE
/3 Afet, o y
8. I have considered the appeal and it is my opinion that:
DATE NAME AND GRADE OF JUDGE ADVOCATE SIGNATURE
9. After consideration of all matters presented in appeal, the appeal is: I I Denied I I- Granted as follows: 10/
DATE NAME, GRADE, AND ORGANIZATION OF COMMANDER
DATE

10. I have seen the action taken on my appeal.
Ll. ALLIED DOCUMENTS AND/OR COMMENTS -11112113/
Blk/M Informal Commander's Inquiry containing 78 pages [- ORB
006967

IA FORM 2627, AUG 84 (EG) EDITION OF NOV 82 IS OBSOLETE ORIGINAL
DA FORM 2627, PERTAINING TO
Item 1, Continued:
and to denythat and
were pushed into the Tigris River, near Samarra:Iraq, and that they instead were left at the side of the roadway. This is a violation of Article 134 UCMJ.
,
006968

NOTES _

1/
Insert a concise statement of each offense in terms staring a specific violation and the Article of the TJCMJ (Part IV MC.14). If additional
space is needed, use item 11 or continuation sheets as described in note 11 below.
21 Inform the member of the maximum punishment which may be imposed under Article 15.
3/
Inform the member that ifhe or she demands trial, trial could be by SCM, SPCM, or GCM_ Additionally, inform the member that he or she may object to trial by SCM and that at SPCM or GCM he or she would be entitled to be represented by qualified military counsel, or -by civilian counsel at no expense to the government If the member is attached to or embarked in a vessel, he or she is not permitted to refuse Article 15 punishment. In such r'ses, all reference to a demand for trial will be lined out and an appropriate remark will be made in item 11 indicating the official name of the vessel and that the member was attached to or embarked in the vessel at the time punishment
was imposed.
Give the member copy 5 of this form.
si Offenses determined not M have been committed will be lined out If the imposing commander decides not to impose any pimishment, the
member will be notified and all copies of this form destroyed.
Amounts of forfeitures of pay will be rounded oft to the next lower whole dollar. ,If a punishment is suspended, the following statement • shOuld be added,after to.: To be automatically remitted if not vacated before (date). If punishment includes-a written admonitiOn or reprimand, it will be attached to this forrri and listed in item 11.
21 The imposing commander will initial the appropriate block. The OMPF performance fiche is routinely used by MOS/specialty career
Managers and DA selection boards. The OMPF restricted fiche is not given to MOS/specialty career managers or DA selection boards
without approval of the Cdr, MILPERCEN or selection board proponent.

8/
If the member appeals, this form and all written evidence considered by the imposing commander will be forwarded to the superior
authority.
9/
Before acting on an appeal, it must be referred to S. judge advocate for advice When the punishment, whether or not suspended, includes reduction or one or more PAY grades from the fourth or a higher' pay grade, or is in excess of one of the following: 7 days arrest in quarters, 7 days correctional custody, 7 days forfeiture of pay, or 14 days of either extra dairies or restriction. (See Article 15e(1) to (7), UCM.1)
10/ .
The superior authority will initial the appropriate block. If the appeal is &anted, the specific relief granted will be stated ad ­
Cording to note 12. • •
i/ In thiS space indicate the number of pages attached as follows: Allied doeuthents on appeal consist of pages. Allied documents include all written matters considered by the imposing-commander submitted by the member on appeal and the commander's rebuttal, if applieable. If additional space is needed for completion of any item(s), use plain bond headed "ContinuatiOn Sheet 1", etc: -
-1-2-/ Applicable portions of the folloviing format maybe used to record action taken on appeal. Appropriate language shouldbe entered in
item 11 or, if necessary, on a continuation sheet. Supplementary actions (para 3-38, AR 27-10) will be recorded on DA 1?orm 2627-2.

SuspenSion, Mitigation,, Remission, or Setting Aside
(DATE)

On (date), the punishment(s) of
inapoged on (date ofpuni,shment) (was) (were) (suspended and will be automatically remitted ifnot varnted before (date)) (mitigated to)
(set aside, and all rights,privilegeS, and prOperty affected restored) (by my order) (by order of (the officer who imposed the punishment)

.

(the successor in command to the imposing commander) (as superior authority).
(Typed name, grade, and Organization of commander) lel
11/ Racial/ethnic identifiers will be placed in Item 11 (Chapter 15, AR 27-10).
Reverse of DA Form 2627, Aug 84
C06960

Doc_nid: 
3269
Doc_type_num: 
731