report of proceedings by investigating officer/board …hrlibrary.umn.edu/oathbetrayed/taguba annex...

REPORT OF PROCEEDINGS BY INVESTIGATING OFFICER/BOARD OF OFFICERSFor use of this form, see AR 15-6; the proponent agency is aT JAG.

IF MORE SPACE IS REQUIRED IN FILLING OUT ANY PORTION OF THIS FORM, ATTACH ADDITIONAL SHEETSSECTION I . APPOINTMENT

Appointed byCOL Teddy R. Spain , Commander , 18th MP BOE , Baghdad , Iraq, APO AE 09302

(Appointing authority)

12 June 2003(Date)

(Attach inclosure 1: Letter of appointment or summary of oral appointment data.) (See para , AR 15-6.)

SECTION II . SESSIONS

The (investigation) (board) commenced at Cam Cro er. Ba hdad. Ira(Place)

1500(Time)on 9 June 200:1 (If a formal board met for more than one session, check here D. Indicate in an inclosure the time each session began and

elided, the place

, (

;:~1UiiS !Ji(SUii "lid "bswI , and explaiiati"" of ab:iencn, if any. The foiiowing persons (members, respondents, cmmsei) werepresent: (After each name, ind,cule capacity, e. , President, Recorder, Member, Legal Advisor.)

The following persons (members, respondents, counsel) were absent: (Include brief explanation of each absence.) (See paras and 5- AR 15-6.)

The (investigating officer) (board) finished gathering/hearing evidence at 800 6() Ju" ~ 01(Date)

UIIZ 0.3(Date)

and completed findings and recommendations at l 2..

'"'\

(Time)

SECTION III - CHECKLIST FOR PROCEEDINGS

(Time)

A. COMPLETE IN ALL CASESInclosures (pura AR 15-

Are the following inclosed and numbered consecutively with Roman numerals: (Attached in order listed)ao The letter of appointment or a summary of oral appointment data?bo Copy of notice to respondenT, if any? (See item below)c. Other correspondence with respondent or counsel , if any?

All other wntten communications to or from the appointing authorityPrivacy Act Statements (Certificate, if stalement provided orally)?Explanation by the investigating officer or board of any unusual delays , difficulties , irregularities, or other problemsencountered (e. , absence ofmatenal witnesses)?

g.

Information as to sessions of a formal board not included on page 1 of this report?h. Any other significant papers (other than evidence) relating to administrative aspects of the investigation or board?

FOOTNOTES'

j)

bplain all negative answers on an aTlached sheel.?J U" oj Ihe N/A coh,mn consli'lites a positive representation thac 'he circumstances described in Ihe qaestion did not occur in this investigation

or board.DA FORM 1574, MAR 83 EDITION OF NOV 77 IS OBSOLETE. Poge 1 of pog" USAPA Vl .

Exhibits (para AR 15-Q. Are all items offered (whether or not received) or considered as evidence individually numbered or lettered as

exhibits and attached to this report"b. Is an index of aIJ exhibits offered to or considered by invesligating officer or board attached before the first exhibit?c. lias the testimony/statement of each witness been recorded verbatim Or been reduced to written form and attached as

an exhibit?

Are copies , descriptions , or depictions (if substituted for real or documentary evidence) properly authenticated and isthe location of the original evidence indicated?

e. Are descriptions or diagrams included of locations visited by the investigating officer or board (para 3- , AR 15-6)?

- - - - - -

f. Is each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made anexhibit or recorded in a verbatim record?

g.

If official notIce of any matter was taken over the objection of a respondent or counsel , is a statement of the matterof which official notice was taken attached as an exhibit (para 3-16d, AR 15-6)?

Was a quorum present when the board voted on findings and recommendalions (paras and 5- , AR 15-6)?B. COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter AR 15-

At the initial session . did the recorder read, or determine that all participants had read, the letter of appointmentWas a quorum present at every session of the board (para 5- 2b, AR 15-6)?

-- ---- -.---.

Was each absence of any member properly excused (para 5- , AR 15-6)?

(para 5- , AR 15-6)?

Were members, witnesses, reperter . 3nd interpreter swom. if required (pam AR 15-6)1If any members who voted on findings or recommendations were not present when the board received some evideneedoes the mclosure describe how they familiarized themselves with that evidence (para 5- , AR 15-6)?

C. COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section II, Chapter AR 15-Notice to respondents (para , AR 15-6).-

Q. Is the method and date of delivery to the respondent indicated on each letter of notification?Was the date of delivery at least five working days prior to the first session of the board?

c. Does each letter of notification indica\e-(1) the date , hour , and place of the first session of the board concerning that respondent?(2) the matter to be investigated , including specific allegations against the respondent , if any?

(3) the respondent s rights with regard to counsel?(4) the name and address of each witness expected to be called by the recordcr?

- -. -.- - -- --.------

(5) the respondent s rights to be present , present evidence , and call witnesses?d. Was the respolldent provided a copy of all unclassified documents in the case file?

-----

e. If there were relevant classified materials , were the respondent and his counsel given access and an opportunity to examine them?10 If any responde III was designated after the proceedings began (or otherwise was absent during part of the proceedings):

a. Was he properly notifIed (para , AR 15-6)?b. Was record of proceeding' and evidence received in his absence made available for examination by him and his counsel (para 4c. AR 15-6)'

11 Counsel (para 6, AR 15-6)'

a. Was each respondent represented by counseJ?Name and business addre~s of counsel:

(If counsel is a lawyer, check here 0 )b. Was respondent s counsel present at all open sessions of the board relating to that respondent?c. If military counsel was requested but not made available, is a copy (or, if oral, Q summary) of the request and the

action taken on it included in the report (para 5- , AR 15-6)?

12 If the respondent challenged the Jegal advisor or any voting member for lack of impartiality (para 7, AR 15-6):Q. Was the challenge properly denied and by the appropriate officer?

-"-

b. Did each member successfully challenged cease to participate in the proceedings?13 Was the respondent given an opportunity to (para 5-8a, AR 15-6):

a. Be present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent?b. Examine and object to the introduction of real and documentary evidence , including written statements?c. Object to the testimony of witnesses and cross-examine witnesses other than his own?d. Call witnesses and otherwise introduce evidencee. Testify as a witness

Make or have his counsel make a final statement or argument (para AR 15-6)714 If requested . did the recorder assist the respondent in obtaining evidence in possession of the Government and in

arranging for the presence of witnesses (para 5- , AR 15-6)?

15 Are all of the respondent' s requests and objectlOns which were denied indicated in the report of proceedings or in aninclosure or exhibit to it (para AR 15-6)?

FOOTNOTES' 11 Explain all nega/;,'e answers nn an a/Cached sheel'lJ Use of Ihe N/A column conslitules a positive represenlalion that the circumstances described in the queslion did no/ occur in this investigalion

or hoard.

age of pages, DA Form 1574 Mar

YES NOll NA'-'

USAPA V12O

SECTION IV - FINDINGS (para 3- AR 15-

The (investigating officer) (board), having carefully considered the evidence , finds:

See attached Memorandum.

SECTION V - RECOMMENDATIONS (para 11, AR 15-

- - -

In view of the above findings. the linvesligaling officer) (board) recommends:

See attached Memorandum

" 3 of 4 pages , DA Form 1574 Mar USAPA Y1 .

SECTION VI . AUTHENTICATION (para 17, AR 15-THIS REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE. (If any voting member Dr the recorder fails to sign here or in Section VIIbelow, indicate the reason in the space where his signature should appear.

(Investigating,Recorder)

(Member) (Member)

~-- -- -

(Member) (Member)

SECTION VII . MINORITY REPORT (para 13. AR 15-

---

To the extent mdicated in Inclosure , the undersigned do(es) not concur in the findings and recommendations of the board-(In the inclosure, identify hy nunllwr each finding and/or recommendation in which the dissenting member(s) do(es) not concur. State thereasons for disagreemellt. Additional/stlbstitute findings and/or recommendations may be included in the inclosure.

---

(Member) (Member)

SECTION VIII - ACTION BY APPOINTING AUTHORITY (para AR 15-

The findings and recommendations of the !.0vnL/Y' Ig (board) are (approved)

(~~

(1fllJ.. fl ;i..ll,wl/(g Pr ntim!S'!substitutions). (If the appointing authority returns the proceedings to the investigating officer or board for further proceedings orcorrective action , QlIach that correspondence (or a summary, if oral) as a numbered inclosure.)

Co ~

CJSY'

'-"'-"-

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LQ-Page of pages, DA Form 157.1 Mar USAPA Vl.

AFZP-HCM - 27 June 2003

MEMORANDUM THRU Staff Judge Advocate , 800th Military Police Brigade , ATTN:LTC James O' Hare.

MEMORANDUM FOR Commander , 800th Military Police Brigade, BG Paul Hill.

SUBJECT: Legal Review of AR 15-6 Investigation - Riot and Subsequent Shootings of9 June 2003

1. On 12 June 2003 , COL Teddy R. Spain, Commander , 18th Military Police Brigadeappointed ILT Shawn Patrick Magowan to conduct an informal investigation into theriot and subsequent shootings of five civilian internees at Camp cropper Corps HoldingArea on 9 June 2003.

2. On June 20, 2003 , the 115th Military Police Battalion was returned to the 800thMiJitary Police Brigade. LTC O' Hare , 800th Military Police Brigade Staff JudgeAdvocate advises that BG Paul Hill , Commander 800th Military Police Brigade , is theappropriate appointing authority. A courtesy copy of the DA 1574 and attachmentswas furnished to COL Teddy R. Spain, but the original was directed to be turned overto BO Hill and the undersigned was directed by LTC O' Hare to complete the legalreview of the AR 15-6 investigation. The DA 1574 and supporting documentation wastimely submitted on 23 JUNE 03 by the 10.

3. Under AR 15- , paragraph 2- , I reviewed the investigation and make thefollowing determinations:

a. The investigation complies with legal requirements for an AR 15-6 investigation.

b. There are no procedural errors or irregularities that invalidate the investigation.

c. Sufficient evidence supports the investigating officer s findings.

d. The investigating officer s recommendations are consistent with his findings. Theoriginal scope of work did not specifically ask whether or not the ROE was followedbut it is the advice of the undersigned that ROE was followed. Lethal force was usedin response to a credible threat of death or serious bodily injury against U.S. soldiersby detainees who had removed tent poles from their compound and were attackingmilitary police officers at the main compound. There are a number of specificrecommendations that 1LT Magowan has made. Many of these have been put intopractice. Counsel recommends that BG Hill request a written review from LTC

AETV-MP-SUBJECT: Legal Review of AR 15-6 Investigation - Rjot and Subsequent Shootings of9 June 2003.

c5rear . hq. c5 . army . smil.mil.

DEPARTMENT OF TIlE ARMY115TH MILITARY POLICE BATTALION

APO AE 09335

REPLY TOAITENnONOF.

AETV -MPB 21 June 2003

MEMORANDUM FOR COL Teddy R. Spain, CDR, 18th Military Police, Baghdad , Iraq, APOAE 09302.

SUBJECT: AR 15-6 Investigation into the riot and subsequent shooting at Camp Cropper CorpsHolding Area on 9 June 03.

1. On 9 June 2003 , a riot occurred at the Camp Cropper Corps Holding Area on the BIAP.During the disturbance, detainees threw objects at camp MP' s including rocks , bottles , shoes andattacked guards with tent poles. In response, MP' s fired seven shots, and five detainees injured.

2. The undersigned was appointed by COL Teddy R. Spain, Commander of the 18th MP BDE toconduct a 15-6 investigation into these events and to answer specific questions regarding the riotand subsequent shootings. Prior to that, the Camp Commander, LTC Ronald Chew had ordereda Commander s Inquiry and evidence had been gathered in support of that inquiry, some ofwhich is incorporated into this final memorandum. An investigation was conducted and allrelevant persons known to the undersigned were interviewed.

3. Attached to this memorandum are the following:

a. DA 2823, sworn statement of SPC Sellmanb. DA 2823 , sworn statement of SGT Harrisc. DA 2823, sworn statement of SGM Cottmand. DA 2823 , sworn statement of SSG Durande. DA 2823 , sworn statement of SPC Grossf. DA 2823, sworn statement of SPC Reyonldsg. DA 2823 , sworn statement of SFC Chalmersh. DA 2823 , sworn statement of SGT Ericksoni. DA 2823, sworn statement of SGT Bietschj. DA 2823 , sworn statement of SGT Dovenboger

4. Conclusion

a. The escalation of the disturbance could have been prevented by better lines ofcommunication between CHA MPs, external security MPs, and the NCOlC for the QRF. Clearlydefined lines of command and improved equipment for handling detainee disturbance for eachcompound MP in the CRA could have reduced the size and scope of the disturbance.

AETV - MPBSUBJECT: Corps Holding Area Disturbance and Subsequent Shooting of Detainees

b. The focus of the CHA MPs was to control the individuals in the compounds that firststarted throwing rocks, bottles and various items at the MPs. Before the QRF was deployed, thedetainees in several compounds overwhelmed CRA MPs and began to breach the individualcompounds. The MPs pulled back to the sally port area to reorganize their forces. Before thewithdrawal was complete shots were fired from atop a water truck to protect an MP' s life.

c. The seven shots fired were justified to save D.S personnel from death or serious injury.However, the shots fired show a breakdown in communication, facility construction andcommand and control.

s. Summary of Incident

a. The Camp Cropper CRA is a rectangular fenced area measuring roughly the size of afootball field. At the time of the incident, it is divided up into approximately 14 occupiedcompounds, arranged alphabetically. The fourteen occupied compounds ranged in size ofbetween eight and two hundred detainees and varied in size. The smaller compounds weresegregated areas for juveniles or EPW' s or other individuals who needed special segregation.The larger compounds held detainees accused of common crimes.

b. On the morning of 9 June 2003 , the CHA was manned inside the wire by MP' s from the11Sth HHC and the 443rd MP CO. Soldiers from the 186th MP CO had the perimeter and were

stationed outside the wire at points around the compound.

c. Eight personnel from the 443rd made up the QRF for the day shift. The QRF was located inthe warehouse adjacent to the CHA. The person who is responsible for calling the QRF out isthe OIC or the NCOIC in the compound. Even though the QRF is stationed outside thecompound, they are not "perimeter" security, but "internal" security.

d. All soldiers inside and outside the wire had come on duty at approximately 0400 and werescheduled to work until 1600, that day.

e. SFC Mitchell was the NCOIC inside the perimeter. There is no OIC or NCOIC outside theperimeter. Any outside NCOIC did not regularly interface with the NCOIC inside thecompound.

f. Shortly after 1000 on 09 June 03 SPC Gross entered B compound to recover a water jug.

g. As he was exiting B compound, SPC Gross was confronted by a number of detainees. SGTErickson stepped into B compound to assist SPC Gross when a punch was thrown in hisdirection by one of the detainees. Several MPs entered B compound to subdue and remove thedetainee.

AETV -MPBSUBJECT: Corps Holding Area Disturbance and Subsequent Shooting of Detainees

h. After removing the instigator from B compound, several detainees from C compoundbegan throwing rocks and bottles, and began chanting.

i. SFC Chalmers , NCalC for the HVD compound, left his area of operation when he heardloud chanting coming from the CHA. After he reached the CHA, SFC Chalmers secured hisM16A2 rifle and took a position on a water truck overlooking J compound.

j. SGT Erickson, SPC Gross, and SPC Sellman entered C compound to subdue and removeseveral detainees.

k. After removing several detainees from Band C compound SFC Mitchell instructed SGTErickson , SPC Gross, and SPC Sellman to leave the CHA because SFC Mitchell thought theywere the focus of detainee anger. SFC Mitchell believed this would help to restore order.

1. Upon departing fwm the CHA SPC Sellman was seen removing his DCU top and flexing infront of B compound in a taunting manner. This action didn t assist in de-escalating the situationin the CHA.

m. B, C , and D compound continued to throw rocks and bottles and several MP were struck.SGM Cottman responded to the CHA at 1030. He spoke with several detainees to determine thereason for the disturbance.

n. The detainees in B compound began to charge the gate shortly after SGM Cottman arrived.SFC Chalmers motioned to SPC Robben (186th MP) to leave his post to obtain a better vantagepoint to provide cover for the MPs in the CHA. The MPs near B compound tried to hold the linebut the detainees pulled tent poles and breached the gate. At this point, detainees from almost allof the compounds in the CHA were throwing rocks and bottles and detainees from B, C & Dcompounds had come outside of their compounds into the main compound.

o. SFC Mitchell instructed all MPs to pull back to the sally port area. During the pull backsome of the MPs were cut off near D compound because SGM Cottman instructed them to holdtheir ground. SFC Chalmers witnessed several detainees with tent poles leaving B, C, and Dcompound. SFC Chalmers witnessed a detainee about to strike an MP in the head with a tentpole. Fearing for the MPs life , SFC Chalmers fired one shot. SPC Robben fired a 2-3 roundburst from his M249 to protect the MPs departing the B, C, and D compound area. Before acease-fire command could be called SPC Robben fired a second 2-3 round burst. Seven roundswere fired and 5 detainees were wounded.

6. Questions presented by the appointing authority.

a. How did the prisoners escape? There was no escape involved in this incident. If theprisoners were attempting to escape by storming the compound, the escape had just begun.


b. What steps could have been taken to prevent these escapes? There were no escapes, but seeparagraph 6 , below, as to what could have happened to prevent the situation from escalating.

C. What was the response of the Military Police on duty? The summary of facts stated aboveshows the following response to the riot:

L) The detainee who first attacked the soldier was identified and extracted from Bcompound.

) The detainees in C compound that were throwing rocks were also identified andextracted.

) SFC Mitchell asked several MP' s to leave the area in an effort to quite the detainees.

) The ORF was not called out because the commotion happened in a split second. SGMCottman (BN S-3 shop) had just arrived and conferred with SFC Mitchell and they were trying tospeak to the detainees when the tent polls were grabbed.

) MP' s were instructed to pull back to the sally port area. During the pull back, some ofthe MP' s were cut off near D compound because they were instructed to hold their ground.

) An MP witnessed several detainees with tent polls leaving B, C & D compounds. ThatMP witnessed a detainee about to strike an MP in the head with a tent poll. Fearing for the MP'life, the MP fired one shot. The second MP fired two 2-3 round bursts to protect the MP' sdeparting the B , C & D compound area. These bursts were also aimed at one or more detaineesattempting to injure the withdrawing MP'

d. Was the response of the Military Police on duty reasonable, or was excessive force used?The force used was not excessive in light of the circumstances and many of the things that weredone were reasonable, but there were lapses in the reaction and deployment ofMP' s to quell thesituation. These are discussed in the "recommendations" section, below.

e. Is there an SOP in place to deal with this situation, and if so, was it followed? Yes, there isan SOP in place. The core SOP as it is written was followed. The overall SOP identified coreoperational tasks , but not specific sub-tasks for each MP function, either internal or externalMP' s. The SOP should be revised because of this incident by NCOs and reviewed on a bi-weekly bases.

f. Is there additional training that needs to be implemented to cover these situations? Yes.Training is great to keep soldiers prepared for situational response, but structural improvementsto the CHA will assist with controlling detainees and reducing potential riots or escapes.


However, there needs to be more QRF training and actual response time training. There alsoneeds to be marksmanship training with non-lethal ammunition.

g. What actions, if any, were taken by the QRF? None.

6. Recommendation

a. The CHA needs communication at all levels of operations. The NCOIC of the CHA needscommunication with all compound MPs, sally port, processing area, QRF NCOIC and externalsccmity post. This should be hand held radios and the battery power to operate them.

b. A clear chain of command should be developed with defined responsibilities for CHAoperation. There was no reason for SGM Cottman to come down to the CHA. If SFC Mitchellwas in charge of CHA operations, then he should have been able to function as NCOIC of theCHA.

c. External security post should be built for better line of sight and a clear presence of force.Right now, the outer perimeter guards are positioned on Humvees at various locations outsidethe CHA. Because of the tents and position of the Humvees, outer perimeter guards cannotreally see into the compound. Line of sight is lost. The CHA needs guard towers that are 12' to18' high that the detainees can see.

d. The non- lethal equipment was not distributed to the current MP Company tasked with theQRF mission. The non- lethal equipment is now distributed, but more could be made availablefor training purposes. The MP' s in the compound should be provided with non-lethal meanssuch as OC pepper spray.

e. An SOP for CHA operations should be NCO developed and reviewed bi-weekly to updateoperational changes.

7. Point of contact is the undersigned 1st Platoon Leader, 443D Military Police Company.

~~!r ILl )Mf

lLT, MPPlatoon Leader

Attachments

DEPARTMENT OF THE ARMY18TH MILITARY POLICE BRIGADE

Baghdad , Iraq APO AE 09302

AETV-MP- 12 June 2003

MEMORANDUM FOR 1LT Shawn Patrick Magowan, 125-52-2856 , Platoon Leader, 1stPlatoon, 443rd MP CO, 115th MP BN.

SUBJECT: Appointment as an AR 15-6 Investigating Officer

1. Reference: AR 15- , Procedurc for Investigating Officers and Boards of Officers, 11 May 88with Change 1 30 Oct 96.

2. You are hereby appointed to conduct an investigation concerning the escape attempts andshootings at Camp Cropper on 9 J un 03. You may incorporate the results of any CommandersInquiry that has been begun on these escapes.

3. You are to investigate all details concerning these escapes, attempted escapes, and theresponses by the Military Police that were on duty at those times. You are directed to specificallyaddress the following questions:

3. How did the prisoners escape?

b. What steps could have been taken to prevent these escapes?

c. What was the response of the Military Police on duty?

d Was the response of the Military Police on duty reasonable, or was excessive force used?

c. Is there an SOP in place to deal with this situation , and if so , was it followed?

f. Js there additional training that needs to be implemented to cover these situations?

g. What actions , if any, wcrc taken by thc QRF?

4. During the course of your investigation , you will record all interviews on DA Form 2823(Sworn Statement). If, during any interview, you suspect a violation ofthe UCMJ by the personyou are interviewing, you are required to stop the interview, and advise the interviewee oftheirArticle 31 (b) rights , using a DA Form 3881 (Right Warning Waiver Certificate). You maycontinue to interview that person if they agree to make further statements. If they do nottcnninate the interview and contact your legal advisor. If you have any questions about whetheror not the person made a knowing and valid waiver, terminate the interview and contact your legal

AETVMP-SUBJECT: Appointment as an AR 15-6 Investigating Officer

advisor. You will advise all persons being interviewed that their statements can be discoveredunder the Freedom of Infonnation Act, and you will further advise them that any actions taken inreprisal against them for making a statement should be reported immediately to their Commanderthe Office of the Inspector General, or to the Office of the StaffJudge Advocate. Per Articlel36. (4) and 136. (6) ofthe UCMJ , you are authorized, as an Investigating Officer, to swearpeople in.

5. You are authorized to investigate any issue(s) that arise during your investigation that arerelated to the primary purpose of your investigation. CPT Jim Wherry, HVD/CHA JudgeAdvocate, will serve as your legal advisor for this investigation. The completed investigation willbe turned in to CPT Michael Banks for legal review.

6. This is your primary duty until you complete it , and you will submit a chronology of youractions along with your completed report. The report of investigation will be submitted to theappointing authority NLT 23 .lun 03. Requests for extension must be made in writing to theundersigned.

7. The POC for this memorandum is CPT Michael Banks , 18th MP BDE Judge Advocate, DNVT559- 5110 , SlPR: c5- 18mpcia0J.c5rear.hq.c5. armv. smil.mil , NIPR: Micbael.d.banks(W,us.armv.mil.

COL, MPCommanding

EXHIBIT AEXHIBIT BEXHIBIT C.EXHIBIT DEXHIBIT EEXHIBIT FEXHIBIT GEXHIBIT HEXHIBIT IEXHIBIT J

INDEX OF EXHIBITS

DA 2823 , sworn statement of SPC SellmanDA 2823, sworn statement of SGT HarrisDA 2823, sworn statement of SGM CottmanDA 2823, sworn statement of SSG DurandDA 2823 , sworn statement of SPC GrossDA 2823, sworn statement of SPC ReyonldsDA 2823, sworn statement of SFC ChalmersDA 2823, sworn statement of SGT EricksonDA 2823, sworn statement of SGT BietschDA 2823 , sworn statement of SGT Dovenboger

SWORN S1 A TEMENTFor use of this form, see AR 190-45; the proponent agency is ODCSOPS

AUTHORITY:PRINCIPAL PURPOSE:ROUTINE USES:DISCLOSURE:1. LOCATION

PRIVACY ACT STATEMENTTitle lOUSe Section 301; Title 5 USC Sec1ion 2951; E. O. 9397 dated November 22, 1943 (SSN).To provide commanders and law enforcement officials with means by which information may be accuratelyYour social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.Disclosure of our social securit number is voluntary.

2. DATE (YYYYMMDD))OD ~ 0 to,

6. SSN

4. FILE NUMBER

7. GRADEISTATUS

f - 'f /SPC

("V" eIJ fY) WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

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t- C" r"- ".",10. EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT PAGE 1 OF --ds...- PAGES

r"ILJ ('

ADDITIONAL PAGES MUST CONTA/N THE HEADING "STATEMENT TAKEN AT DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBERMUST BE BE INDICA TED.

DA FORM 2823, DEC 1998 DA FORM 2823 , JUL 72, IS OBSOLETE USAPA V1.

';;,ATEMENTOF

9. STATEMENT (Continued)

TAKEN AT DATED

AFFIDAVIT

Ke\/;,

'\

D, S,,- Urlt4/) -Sr HAVEREADORHAVEHADREADTOMETHISSTATEMENTWHICH BEGINS ON PAGE 1, AND ENDS ON PAGE...J"....... I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGECONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUTTHREAT OF PUNISHMENT , AND WITHOUT COERCION , UNLAWFUL INFLUENCE, R UNLAWFUL I UCEMENT.

WITNESSES:

ORGANIZATION OR ADDRESS


INITIALS OF PERSON MAKING STATEMENT

PAGE 3, DA FORM 2823, DEC 1998

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USAPA Vl .

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EXHIBIT INITIALS OF PERSON MAKING STATEMENTPAGE 1 OF .-z- PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADfNG "STATEMENT OF TAKEN AT DATED- CONTINUED.THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALEDAS PAGE

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OF PAGES. " WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE WILL BE LINED OUT, AND THESTATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COpy OF THIS FORM.

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INITIALS OF PERSON MAKING STATEMENTPAGE -z.. PAGES

USAPPC V2.

LOCATIONCAMP CROPPER

SWORN STATEMENTFor use of this form , see AR 190-45; the proponent agency is ODCSOPS

I DATE TIME9June 2003 1O30Hours

SOCIAL SECURITY NUMBER

FILE NUMBER

LAST NAME , FIRST NAME, MIDDLE NAMECOTTMAN BRUCE M

GRADEIST ATUS9 OP SGM

---- ....----


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, BRUCE M COTTMAN , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

On 9 June 03 at App: 1030 hours, I SGM Cottman responded to a verbal disturbance that took place inside the CHA atCamp Cropper. When I approached the CHA the CI' s were chanting very loudly (we want free), the MP' s assigned werestanding in the middle of the CHA observing the actions of the CI' s- I spoke with SFC Mitchell about the situation, I wasinformed that a fcw CI's were extracted from the blocks for throwing rocks. Also SFC Mitchell infonned me that herelieved some MP' s out of the CHA for being unprofessional. The MP' " pulled off post have been identified and are writingstatements about their actions. I spoke with some of the English speaking CI' s about what is causing the disturbance, mainlytheir complaint was the length of stay at the CHA, and not knowing their fate. During the communications with the CI' s inD Block, the CI' s started throwing rocks, boots , and water bottle filled with water and sand. At this time , by radio Iinformed the TOC ( CPT Keen) of the situation. The Cl' s in B Block then charged the gate and attempted to exit the BlockMP' S were trying to keep the gate secure , then D and C Block started trying to exit their block an did. It was APP: 20 to 40CI' s out of their blocks , some had tent poles rushing towards the MP' s. I informed the MP' s to stay on line and pull backthen I heard weapons fire. The MP' s and I walked backwards to A Block, out of the range of the objects being thrown. Thefiring of the weapons caused some of the CI's to return back to the blocks , it also gave the MP' s the advantage needed toregain order inside of the CHA. All of the CI' s were returned to their blocks , the ones with injuries were taken to medical.All United States soldiers involved were checked and asked for injuries. It is my belief that the firing of the weapons issupported by of our ROE, there was a chance of great hann or loss of life for United States Soldiers. END OFSTATEMENT

EXHIBiT INITIALS OF PE~SON MAKING STATEMENT

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m~ PAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED.THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALEDAS "PAGE OF

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PAGES. " WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE WILL BE LINED OUT, AND THESTATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COpy OF THIS FORM.

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823 , 1 JAN 68, WHICH WILL BE USED. USAPPC V2.

STATEMENT (Continued)

AFFIDAVIT

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WITNESSES. Subscribed and sworn to before me, a person authorized by law toadminister oaths, this day of JrJ

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INITIALS OF P SON MAKING STATEMENTPAGES

USAPPC V2.

SWORN STATEMENTFor use of this form , see AR 190-45; 1he proponent agency is ODCSOPS


PRIVACY ACT STATEMENTTitle 10 USC Section 301; Title 5 use Section 2951; E. O. 9397 dated November 22, 1943 (SSN).To provide commanders and law enforcement officials with means by which information may be accuratelyYour social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.Disclosure of your social security number is voluntary.

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THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT, AND PAGE NUMBERMUST BE BE INDICA TED.

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"AGE 2, DA FORM 2823, DEC 1998

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PAGE 3, DA FORM 2823 DEC 1998

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LJSAPA V1 00

SWORN STATEMENTFor use of this form, see AR 190-45; the proponent agency is ODCSOPS

5, LA J" NAME, FIRST AME, MIDDLE NAME--' c) !io. f1 .DI-'. r

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Subscribed and sworn to before me, a person authorized by law toadminister oaths, this~ day of . at G off'

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INITIALS OF PERSON MAKING STATEMENTPAGE 't.. OF Z PAGES

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PRIVACY ACT STATEMENTTitle 10 use Section 301; Title 5 use Section 2951; E.O. 9397 dated November 22 1943 (SSN).To provide commanders and law enforcement officials with means by which information may be accuratelyYour social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.Disclosure of your social security number is voluntary.

2. DATE (YYYYMMDDj1(:X) \)

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, WANT TO MAKE THE FOllOWING STATEMENT UNDER OATH:

10. EXHIBIT N MAKING STATEMENT PAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKENAT DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT, AND PAGE NUMBERMUST BE BE IND/CA TED.

DA FORM 2823 , DEC 1998 DA FORM 2823, JUL 72 , IS OBSOLETE USAPA Vl.

USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.



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PAGE DA FORM 2823, DEC 1998

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STATEMENT (Continued!

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Subscribed and sworn to before me, a person authorized by law toadminister oaths , this

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(Signa erson Ad;;"inistering Oath)

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INITIALS OF PERSON MAKING STATEMPAGE OF~ PAGES

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PRIVACY ACT STATEMENTAUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E. O. 9397 dated November 22, 1943 ISSN).PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accuratelyROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.DISCLOSURE: Disclosure of your social security number is voluntary.1. lOCATION

..----

12. DATE (YYYYMMDD) 3. TIME

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PAGE 1 OF

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ADDITIONAL PAGES MUST CONTAIN THE HEAD/NG "STATEMENT TAKEN AT DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE /NITIALS OF THE PERSON MAKING THE STA TEMENT, AND PAGE NUMBERMUST BE BE INDICA TED.

DA FORM 2823, DEC 1998 DA FORM 2823 , JUL 72 , IS OBSOLETE USAPA V1,


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STATEMENT OF CI....

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STATEMENT OF C~/.....,. "'0c.1...... f. 1.""",0

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9, STATEMENT (Continued)

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AFFIDAVIT

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, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PAGE 1 , AND ENDS ON PAGE~. I FUllY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STATEMENT IS TRUE. I HAVE INITIALED All CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGECONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD , WITHOUTTHREAT OF PUNISHMENT, AND WITHOUT COERCION , UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

~~~--



Subscribed and sworn to before me , a person authorized by law toadminister oaths , this day of ~6 "'LI"3

A. f"'- C /Z...P to I'" €: ft...

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(Signature ofP~rson Admin tering Oath)

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INITIALS OF PERSON MAKING STATEMENTPAGE PAGES

PAGE DA FORM 2823, DEC 1998 USAPA V1,


PRIVACY ACT STATEMENTTitle 10 use Section 301; Title 5 use Section 2951; E. O. 9397 dated November 22 , 1943 (SSN).To provide commanders and law enforcement officials with means by which information may be accuratelyYour social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.Disclosure of your social security number is voluntary.

2. DATE (YYYYMMD)..OO~O6

6. SSN

4. FILE NUMBER

7. GRADEISTATUSt: S-

I1dq,., c: c::...k.SQ." WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

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10. EXHIBITPAGE 1 OF

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBERMUST BE BE INDICA TED.

DA FORM 2823, DEC 1998 DA FORM 2823 , JUL 72 , IS OBSOLETE USAPA V1.


STATEMENT OF --

9, STATEMENT /Continued)


PAGE 2, DA FORM 2823, DEC 1998

TAKEN AT DATED

r ,

1tJ 0

PAGE OF USAPA V100

STATEMENT OF TAKEN AT


DATED

AFFIDAVIT

I, /1d.4Nl lr:I' ~~Y\t HAVEREADOR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PAGE 1 , AND ENDS ON PAGE2-. I FUllY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGECONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD , WITHOUTTHREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INF LUE


WITNESSES:




PAGE 3, DA FORM 2823 DEC 1998

l;:~ el;::;;q ~'h)

(Typed Name of Person Adrpiri!j)€ring Oath)S - ~r,r

(Authority To Administer Oaths)

PAGE ? OF

USAPA V1 ,

-:LSWORN STATEMENT

For use of this form , see AR 190-45; the proponent agency is ODCSOPS

AUTHORITY:PRINCIPAL PURPOSE:ROUTINE USES:DISCLOSURE:1. lOfATIO

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PRIVACY ACT STATEMENTTitle 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN).To provide commanders and law enforcement officials with means by which information may be accuratelyYour social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.Disclosure of your social security number is voluntary.

2. DATE (YYYYMMDD)l-tJdl Db () '1

6. SSN

4. FILE NUMBER

7. GRADE/pTATUSS(,

//$-

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10. EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT1"'6 PAGE 1 OF --4-- PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEAD/NG "STA TEMENT TAKEN A T DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT, AND PAGE NUMBERMUST BE BE /NDICA TED,

DA FORM 2823, DEC 1998 DA FORM 2823, JUl 72, IS OBSOLETE USAPA Vl,

------


STATEMENT OF

---,---- -,~

9 STATEMENT (Continued)


PAGE DA FORM 2823 DEC 1998

/'.

TAKEN AT

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DATED

PAGE PAGES

USAPA Vl .



AFFIDAVIT

),.....()

f-l !1 .

jj,

e1,j(.; , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON GE 1 , AND ENDS ON PAGE--.!........ I FUllY UNDERSTAND THE CONTENTS OF THE ENTI E STATEMENT MADEBY ME. THE STATEMENT IS TRUE. I HAVE INITIALED All CORRECTIONS AND HAVE IAlED THE BOTT. M OF EACH PAGECONTAINING THE STATEMENT, I HAVE MADE THIS STATEMENT FREELY WITHOUT H OF BENEFIT EWARD , WITHOUTTHREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFlUENC NT.


Subscribed and sworn to before me, a person authorized by law toadminister oaths, thiS~ day of jJ t0~ LVU';at (Ai'V\~ c(Lo~~~e.. full.

~ \ , \ ---------( .

nature of Persb Administering Oath)

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PAGE 3, DA FORM 2823, DEC 1998 USAPA Vl.


, PRIVACY ACT STATEMENTTitle 1 a USC Section 301; Title 5 USC Section 2951; E. O. 9397 dated November 22, 1943 (SSN).To provide commanders and law enforcement officials with means by which information may be accuratelyYour social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.Disclosure of your social security number is voluntary.

2. DATE (YYYYMMDD):loo 0 0'16. SSN

4. FILE NUMBER

7. GRADE/STATUSS- , - IJo,v 1\.., , /l'" b",- ~QP WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

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10, EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENTPAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STA TEMENT TAKEN A T DA TED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAK/NG THE STA TEMENT, AND PAGE NUMBERMUST BE BE INDICA TED.

DA FORM 2823 DEC 1998 DA FORM 2823, JUl 72 , IS OBSOLETE USAPA Vl.


STATEMENT OF TAKEN AT



PAGE DA FORM 2823, DEC 1998

~\)\

DATED

PAGE :J.. OF PAGES

USAPA Vl00


9, STATEMENT (Continued)

AFFIDAVIT, l) (. DoVe 1'1 hQ f9 ~ , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PAGE 1 , AND ENDS ON P E~. I FUllY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STATEMENT IS TRUE. I HAVE INITIALED All CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGECONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUTTHREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INF lUEN


-----

Subscribed and sworn to before me, a person authorized by law toadminister oaths. this day of oj U r, 1JJO at AJ""P l2.orp,

r.

/ ~'--

WITNESSES:

---



("'

I\Anl.WJ v-- \ I v \!L'1 0 L'L

(Typed Name ofrerso Admini'1rering Oath)

r~,F-----.E.llI -T MfA u,.kd:-f..s-(Authority To Administer Oaths)


PAGE 3, DA FORM 2823, DEC 7998 USAPA V1.

report of proceedings by investigating officer/board …hrlibrary.umn.edu/oathbetrayed/taguba annex...

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