Aclu Files on Deaths in Military Custody 9
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COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of 1111, form, see AR 190-45: the proponent agency is the Provost Marshal General PRIVACY ACT STATEMENT AUTHORITY; Title 10 USC Section 301: Title 5 USC Sedion295t; E.O. 9397 dated November 22,1943 PRINCIPAl: To provide commandef3 and raw enforcement offidals with means by which information may be &CClJralely ifjenlifted. Your SOCial Security Number is used as an additiol\illllaltemale means of identification to facilitate filing and retrieval. Disclosure of your Social Security Number is voluntary. ROUTINE USES: DISCLOSURE. 1. Control Information hru: U$ACRC Number: 0489-2Q04-CID056-76341·5H1A MP Report Number: N/A To: SutHn.tallatfon: COO2100DC Referred Referral Oate: 11119/2004 By: Suspense Oate: e hIS! Lieuterlilfl: ~Ionel" the chain of command IS responstble and ileeountable r complehng arm 48 with support documentatlon (copies of Article ISs, eoul1-martial orders. reprimilncls, etc) fa( an USACIDC investigations. The unit and brigade commander 01 their equivalenl will also receive a copy of the DA FOOIl 4833 for all USAC10C investigation,. COmpany. tIOOP. IiInd battery level commanders are responsible and accountable for completing DA Form 4833 with supporting documentation in "M ~ses investigated by MPI, civilian detectiVes employed by the Department of the Army, and the PMQ. Ac:cur.Jte and complete OA 4833 dispositiol'l reports are required to meet ilstaUaUon. CO/1'WT'IIiInd. HODA, 000.• nd feder" stalulOty reporting requinlments. The data is used to identify a-ime trends. establish command progr.Jrns in taw enforcement and other activities, and to ensure tl\at resources are m.a6e av.aHable to support c;ommlilnde~ who must address issues of soldier and family member indiscipline. In court-martial eases. iii conviction 01 an offense at court-martial may be for iii different, or lesser included offense. list the offense for which the individual was convlded at court-martial ill the remarlts section_ Provost Ma~hals musl enter Ihe "MP Report Number" (Brodr-l) for air eases relerred to commanders. ·Sub-Installation- (BIotk-1) is used to enter report number from a civilian law enforcemenl agency police report. etller infOfTllation on the civilian law enforcement agency (e g_ eivi~all law enforcement agency address) may be enlered in the remarks seclioll. 2. Offender Identification (b)(B) (b)(7)(C) E-6 U.S. Army (SSG) Grade: Last Name: First Name: (b)(B) (b)(7)(C) Middle Nam SSN: Cadency: Date of Birth: 3. Referral Information JCommander Decision Date: No. I 1111912004 Offense Basis Date Sexual Action Taken Reason Harassment 1 Premeditated Murder (SH1AI UCMJ Artide 118 113/2004 2 Aggravated AssauR {SC1D] UCMJ Article 128 1/312004 3 Mlklng a False 5tatemenl!SM3Aj 4 SlQn·11IQ a False Slalemenl15M3C} UCW 1/312004 Article 107 UCW 111412004 Article 107 5 Obstruction of JustICe [5X51 UCW 1I3l2OO4 Article 134 OA Form 4833 (electronic format), March 2008 N00 VesD No IZI Y"D Noli] VesD No0 Y"D N00 n'D NOf2] Y"D No0 Y"D N00 Ves0 b(6), b(7)(C) YeslZ! NoD ~ccePted VesD IOther peclined Without Explanation cfll1ed Wtthoul Explanation NoD ~"d uuu"JJ Page 1 of 6 ACLU DETAINEE DEATH 2 CID 1489 3. Referrallnfonnation (continued) No. Offense I 6 JASSessory After The Fad 15X4! Basis Date UCMJ 11312004 Sexual Harassment Article 78 7 Conspiracy (5X1j UCMJ 11312004 Article 81 8 VnO No 121 VnO VnO Nol2I Yes NoD VnO NoD VnO NoD VnO NOD YesO NoD Yes 0 NoD Yes 9 10 Action Taken 0 0 Reason , N00 N00 rosecution Decline010ther NOTE: For each offense marked NO for adion taken, you must supply a r9lson. I! you selecled "YES" for any offense, continue to "Aclion Taken" (Block",,), If you selecled "NO" for ALL offenses, go diredly to ·Commander's Remarks" (Block--l0), sign, date, and return the form to the agent specified in "Referred By" (8Iock-1). 4. Action Taken o Non.Judicial (Article 15) OAdmlnlstrative Non-Adverse Referrals (see details below) o Judicial Court Martial or Civilian Crillinal Court Adverse Personnel Actions Non..Judicial Punishment Authority (select one): o Summarized o Company Grade o Field Grade o Principal Assistant o o Judicial Punishment Authority (select one): o o o GCMCA Imposed General Officer Imposed Summary Court Martial Special Court Martial o General Court Martial Civilian CriminallMagislrale I I 5. NJPfCourt-MartiallClvilian Criminal Court Proceeding Outcome No. , Charged Offense Murder· Premeditation -Shooting 15H1A] 2 NO ACTION TAKEN 3 N Finding Offense Trial Finding N urder - Premeditation -Shooting 15H1Aj Assaull[5C10j NO ACTION TAKEN - Making a False St.-tement{5M3A] • NO ACTION TAKEN , A!Nra\/at~ Plea Signing II False Statement (5M3C Obstruction of Justice -Person Offenses [5X5j N N 5-bstructiCJn 01 Justiee -Person Offenses [5X5j PLEA: G:Guilty, C:No Contest, N:Nol GuHty. O"'Pre·Tnal DNerSlon, TRtAL FINDING: OCV"'Dismissed (Civil). DCR=Oismissed (Criminal). P"'Finding for Plaintiff, F:Finding lor Respondei'll. G:Guilly, C:No Contest, N:Nol GUilty, S::Settlement 000004 OA FORn 4833 (electronic format), March 2008 Page 2 of 6 ACLU DETAINEE DEATH 2 CID 1490 5. NJP/Court-MartiallCivilian Criminal Court Proceeding Outcome (continued) No. , Charged Offense NO ACTION TAKEN Plea Finding Offense Trial Finding Assessory After The Fact [5X4] 7 NO ACTION TAKEN - Conspiracy !5Xl] 8 , 10 PLEA: G"'Guilly, C:No Conlest, N=Not Guilty, O.. Pre-Trial Diversion, TRIAL FINDING: DCV-Dlsmissed (Civ~l, DCR=Oismissed (Criminal), P:Finding tot Plaintiff, F-Finding for Respondent, G=Guilty, C-No Contest, N"'NOI Guilty, S:SettJement 6. Administrative Actions Non-Adverse Referred Agency Responded Date Imposed Family Advocacy Type of Action Drug/Alcohol Abuse Special Referral 1C0unsetingIConcern Reprimand Equal Opportunity Censure [,G.dmonition Legal Office """0 Written local OMPF 0 0 0 0 0 0 0 0 0 0 0 Mental Health Relief Agency Adverse Date Imposed I Description IWithholding of Privileges Adverse Performance Evaluation (OER/NCOERJAcademic Report) Relief for Cause (OERINCOER) Mandatory Reassignment Transfer (such as rehabilitative) IAdverse Record Entry· Flag Denial of Reenlistment Of Continued Service --Wthholding of Promotion Delay of Promotion Promotion Revocation Clearance Revocation Control Roster (downgrade of clearance, PRP reclassification) Resignation Retirement Retirement at lower Grade From: To: ransferto Inactive Reserve OOOOOJ OA Form 4833 (electronic format), March 2008 Page 3 of 6 ACLU DETAINEE DEATH 2 CID 1491 6. Administrative Actions (continued) Date Imposed Description Military Occupational Specialty Reclassification Debarment Duration: Job Termination Job Suspension Duration: Leave Vlfilhout Pay Duration: o Days o Months o Years DDays o Months o Years o Days o Months o Years loss of Warrant IVoIuntary Disclosure Restitution (to US Government) Amount: Restitution (to third party Non-US Government) Civil·Civil Action Initiation Amount: Other (return to states, etc.) Contract Suspension Duration: o Days o Months DYears Contract Termination Amount: Cost Adjustment Bid Rejection Recoupment Amount : Denial of Continuatiorl lUther Contract Action 7. Details of Administrative Separation Date Imposed Regulation Chapter Characterization Effective Date Proceed to Commander's Remarks (BIock-10) jf you chose Administrative Action 8. Non-JudicialiJudicial Sanctions Sanction Date Adjudged Fine Amount: Forfeiture Amount: Extra Duty Days: Restriction Days: Correctional Custody Days: Confinement Duration: Bad Conduct Discharge Effective Date: Dishonorable Discharge Effective Date: Reduction in Grade Duration: DDays o Months o Years DUfe o Months o Years o Months o Years o Months o Years Dlife Front: To: Duration: DDays Duration: :Special Assignment otal Forfeiture (all pay/allowance)Duration : DOays Probation o Days o Months DDays Death Civil Recovery Amount: Civil Award Amount: UU LJ'UU"ti DA Fonn 4833 (electronic fonnat), March 2008 Page 4 of 6 ACLU DETAINEE DEATH 2 CID 1492 9. Suspended Sanctions Were Any Sanctions Suspended? 0 No DYes Jf no sanctions were suspended, proceed to MCommander's Remarks" (BJock-10) Suspended Sanction Suspended sanctIon Information Date Suspended: Fine Suspension Duration: Suspended Portion US$: Suspension Conditions: FOffeitu Il!' Date Suspended: Suspension Duration: Suspended Portion USS: Suspended Portion Time: Suspension Condit)ons: Date Suspended: Extra Duty Suspension Duration: Suspended Portion TIme: Suspension Conditions: Date Suspended: Restriction Suspension Duration: Suspended Portion TIme: Suspension Conditions: Date Suspended: Correctional Custody Suspended Portioo TIme: Suspension Conditions: Date Suspended: Confinement Suspension Duration: Suspension Duralion: Suspended Portion Time: Suspension Conditions: Reduction in Grade Date Suspended: Suspension Conditions: Date Suspended: Probation Suspension Conditions: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Civit Recovery Suspension Duration: Suspended Portion Time: Dale Suspended: Total Forfeiture Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Special Assignment Suspension Duration: Suspension Duration: Suspended Portion USS: Suspension Conditions: Date Suspended: Civil Award Suspension Duration: Suspended Portion USS: Suspension Conditions: 00000'/ DA Form 4833 (electronic format), March 2008 Page 5 of 6 ACLU DETAINEE DEATH 2 CID 1493 10. Commander's Remarks USA$CRC Number: 0489-2004-CID056-76341-5H1A Sanction: A2 2004/11/19 11. Commanding Officer Was a DNA sample collecte<l from the offender? DYes ONo Name and Grade: Signature: ISlgnature Date: 11/1912004 AKO e-Mail Address: DA Form 4833 (electronic format), March 2008 000008 Page 6 of 6 ACLU DETAINEE DEATH 2 CID 1494 COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of this form. see AR 1!l().45: the proponent agency is tI'Ie Provost Mal1lMl General PRIVACY ACT STATEMENT AUTHORITY: PRINCIPAl; ROUTINE USES: DISCLOSURE: TnJe 10 USC Se<:tion 301; nle 5 USC Section 2951; E.O. 9397 dated November 22. 1943 To provide commanders .nd law enforcement olfici.1's with means by which information may be accuratety identified. Your Social Security Number is used as an addtionalfaltemale means of identification to facilitate fiftng and retrieval. Disclosure of YOUf Social Security Number Is voluntary. 1. Controllnfonnation Thru: USACRC Number: 0489·2004·C I0056-76341·5H1 A MP Report Number: NlA To: Sub-Installation: ReferT&d 11/19/2004 I"efemol Dat" By: COO2100DC I Suspense Date: ~ first Lieulenanl Colonel in the ctlilin of command is responsible and accountable r completing II, Form 4833 with support documentation (copies of Article 15•. coun-manial orders, reprimands, elc) for all USACIDC investigations. Tile unit and brigitde commander or their equivalent also receive a copy of the DA FOITTl 4833 for aU USACIOC investigations. wi' Company, troop, and battery level commander1; are responsible and accountable for completing DA FOITTl 4833 with supporting documentation in all cases investigated by MPI, dvilian detectives employed by the Department of the Army, and the PMQ. Accurate afld complete DA 4833 disposition reports aTe required to meet installation, command, HQDA, DOD, and federal statutory reporting requirements. The data is llSed to identify crime trends, establish command programs in law enforcement ilnd other activities, and to ensure that resources are made llvailable to support commanders who must address issues of soldier and family member indiscipline. In court·martial cases, a conviction of an offense at court-martial may be for a different, or lesser inclUded offense. List the offense for which the individual was convicted al court-martial in the remarks section. Provost Marshals must enter lhe"MP Report Number" (Blodl-1) lor an eases referred to commanders. "Sub-lnslal1ationw (BIoek-1) is used to entM report number from a civilian law enforcement agency poIloe report. Other intonn.llon 0l'I the dviHan law enlOleement agency (e.9. civilian lllwenforcement agency address) may be enlered in the IVmarks section. 2. Offender Identification (b)(6) (b)(7)(C) Grade: Last Name: E·3 U.S. Army (PFC) First Name: (b)(6) (b)(7)(C) Middle Name SSN: Cadency: Oate of Birth: 3. Referral Information ICommander Decision Oate: No. 1 Offense \Making a False Statement (5M3A] Basis Da.. UCMJ 11312004 Article 107 2 Obstructeon of Justice (5X5] I-;- IAssessory Mer The Fact (5X4) 4 I 11/1912004 Conspiracy j5X1 J UCMJ 11312004 Artide134 UCMJ Article 78 11312004 UCMJ Article 81 11312004 5 Sexual Harassment VesO N00 Action Taken Y~D Reason rosecution DeQned/Other No0 r05eCUbon De . Y~D No0 Y~D Nol2] vesD N00 vesD No0fOtt.er vesD No 12] VesD No0 Y~D NoD Yes 0 " rosecution DedinedlOtller NoD (J(JvJV::J DA Fonn .833 (electronIc fonnat), March 2008 b(6), b(7)(C) Page 1 of 6 ACLU DETAINEE DEATH 2 CID 1495 3. Referrallnfonnation (continued) No. Offense Basis Date Sexual Harassment • 7 8 9 YesO NoD YesO Y~D NoD Yes Y~D NoD Y~D NoD Yes 0 NoD NoD Y~D NoD Yes '0 Action Taken 0 YesO 0 Reason NoD NoD NoD NOTE: For each offense marked NO lor actionlaken, YOli musl supply a reason. If you selected ''YES" for any offense, continue to "Action Taken" (81ock-4). If you selected "NO' for All offenses. go directly to 'Commander's Remarks" (8Iock.-10), sign, date, and relllm the form to the agent specifloed in "Referred 8y" (8Iock..1). 4, Action Taken o Administrative o o Non.Judicial (Article 15) Nco-Adverse Referrals (see details below) Judicial Court Martial or Civilian Criminal Court Adverse PersOflnel Adions Non.Judlcial Punishment Authority (select one): o Summarized o Company Grade o Field Grade o Principal Assistant o o GCMCA Imposed General Officer Imposed Judicial Punishment Authority (select one): o Summary Court Martial o General Court Martial o Special Court Martial o Civilian CriminalfMagistrate I I 5. NJP/Court·Martial/Clvilian Criminal Court Proceeding Outcome No. Charged Offense 1 NO ACTION TAKEN - Making a False Statement (5M3A) Plea Finding Offense Trial Finding 2 NO ACTION TAKEN - ObstrtJdicn 01 Justice (5X51 3 NO ACTION TAKEN • AssesSOl'Y Aller The Fad [5X4J NO AcnON TAKEN - Conspifacy [5X11 5 PlEA: G:Guilty, C:No Contest, N"Not GUilty, D:Pre-Trial Diversion, TRIAL FINDING: OCV:Di5misslld (Civil), DCR=Oismissed (Criminal), paFinding for Plaintiff, F:Finding for Respondent, G:Guilty, C:No Contest, N.Not Guilty, S=Settlement OA Fonn 4833 (electronic fonnat), March 2008 000010 Page 2 of 6 ACLU DETAINEE DEATH 2 CID 1496 5. NJP/Court-MartiaUCivllian Criminal Court Proceeding Outcome (continued) No. Charged Offense Plea Finding Offense Trial Finding , 7 • 9 ,. PLEA: G=Guitty, CaNo Conies\, N"'NDt Guilty. O;Pre·Trial Oiversion, TRIAl FINDING: OCV"Dismissec! (Civil), DCR-Oismissed (Criminal). P-Flnding for Plaintiff, FcFinding for Responoenl, G=Guilty. C;No Contest, N=Not Guilty, S-Settlemenf 6. Administrative Actions Non-Adverse Referred Agency Responded Date Imposed Family Advocacy ~ruglAiCOholAbuse 0 .., Type of Action -teounselingIConcem pecial Referral Reprimand Equal Opportunity lCensure legal Office Admonition Written Local OMPF 0 0 0 0 0 0 0 0 0 0 0 0 Mental Health Relief Agency Adverse Date Imposed I Description ~hholding of Privileges Adverse Performance Evaluation (OERINCOER/Academic Report) Relief for Cause (OER/NCOER) Mandatory Reassignment ~sfer (such as rehabilitative) erse Record Entry. Flag Denial of Reenlistment or Continued Service 'Nithholding of Promotion Delay of Promotion Promotion Revocation Clearance Revocation Control Roster (downgrade of clearance. PRP reclassification) Resignation Retirement Retirement at lower Grade From: To: ransfer to Inactive Reserve 000011 Page OA Form -4833 (electronic fonnat), March 2008 3 of 6 • ACLU DETAINEE DEATH 2 CID 1497 6. Administrative Actions (continued) Date Imposed Description Military Occupational Specialty Reclassification Debarment Duralion: Job Termination Job Suspension Duration: Leave VJithout Pay Duration: o Days o Months o Days o Months o Years o Years o Years o Days o Months DYears DDays DMonths Loss of Warrant Voluntary Disclosure Restitution (to US Government) Amount: Restitution (to third party Non-US Government) Civil-Civil Action Initiation Amount: Olher (retLlffl to slates, elc.) Contract Suspension Duration: Contract Termination Amount: Cost Adjustment Bid Rejection Recoupment Amount: Denial of Continuation Other Contract Action 7. Details of Administrative Separation Date Imposed Regulation Chapter Characterization Effective Date Proceed to Commander's Remarks (Block.1 0) if you chose Administrative Action 8. Non-Judicial/Judicial Sanctions Date Adjudged Sanction Fine Amount: Forfeiture Amount: Extra Duty Days: Restriction Days: Correctional Custody Days: Confinement Duration: Duration: Bad Conduct Discharge Effective Date: Dishonorable Discharge Reduction in Grade Effective Date: From: DDays To: Probation Duration: Duration: Special Assignment Total Forfeiture (all paylaliowance)Duration: . o Days o Months o Months o Years o Days o Days o Months DDays DMonths DMonths DUfe DVears o Years o Years DUfe Death Civil Recovery Amount: Civil Award Amount: DA Fonn 4833 (electronIc Jonnat), March 2008 OOO"QJ ~ of 6 ACLU DETAINEE DEATH 2 CID 1498 9. Suspended Sanctions Were Arly Sanctions Suspended? If no DYes 0No sanctions were suspended, proceed to -Commander's Remar1ts· (BIock-10) Suspended Sanction Suspended Sanction Infonnation Date Suspended: Fine Suspension Duration: Suspended Portion US$: Suspension Conditions: Forfeiture Date Suspended: Suspension Duration: Suspended Portion US$: Suspended Portion Time: Suspension Conditions: Date Suspended: Extra Duty Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Restriction Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Correctional Custody Suspended Portion Time: Suspension Conditions: Date Suspended: Confinement Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Reduction in Grade Date Suspended: Suspension Conditions: Date Suspended: Probation Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Special Assignment Suspended Portion Time: Suspension Conditions: Date Suspended: Total Forfeiture Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Civil Recovery Suspension Duration: Suspension Duration: Suspended Portion US$: Suspension Conditions: Date Suspended: Civil Award Suspension Duration: Suspended Portion US$: Suspension Conditions: 000013 OA Fonn 4833 (electronic fonnat), March 2008 Page 5 of 6 ACLU DETAINEE DEATH 2 CID 1499 10. Commander's Remarks 0489-2004-CI D056-76341 ~5H 1A USASCRC Number: Sanction: F12004/11/19 11. Commanding Officer Was a DNA sample collected from the offender? Name and Grade: DYes ONo , /signawre: "lSTgnature Date: 11/19f2004 \AKO e-Mail Address: DA Forrn4833 (electronic fonnal), March 2008 6 ACLU DETAINEE DEATH 2 CID 1500 COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of this form, see AR 190-45; the proponent agency is the Provost Marshal General PRIVACY ACT STATEMENT Title 10 USC Sedion 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 To provide commanders and faw enforcement official! with means by which information may be accurately identified. YOllr Social security Number is used as an additionatfallernate means of identification to facilitate filing and retrieval. Disclosure of your Social Security Number is voluntary. AUTHORITY: PRINCIPAL: ROUTINE USES: DISCLOSURE: 1. Control Information Thru: USACRC Number: 0489-2004-C I0056·76341·5H 1A MP Report Number: N/A To: Sub·lnstallation: COO2100DC Referred Referral Date: 1111912004 By: Suspense Date: The !Ifst lieulenan~ IJolonelln the chain 01 command Is responsible al'ld accountable lor completing.uA ~orm 4833 with support documentatIOn (copies of ArtiCle 15s, court-martial orders, reprimands, etc] for all USACIOC investigations. The unit and brigade commander or their equfvalent will also receive a copy of the OA Form 4833 for all USACIDC investigations. Company, troop, and battery level commanders are responsible alld accountable for completing cases investigated by MPI, civilian detectives employed by the Department of the Army, and the reports are required 10 meet installation, command, HQDA, DOD, and federal statutory reporting trends, establish command programs in law enforcemenl and olher activities, and to erlsure that commanders who must address issues of soldier and family member lrldlsciplirle. OA Form 4833 with supporting documentation in all PMO, ACC\Jrate and complete OA 4833 dispos~ion requirements. The data is used to identify crime resources are made available to support In court-martial cases, a conviction of an offense at court-martial may be for a different, or lesser Induded offense. List the offense for which the irldivldual was convicted at court-martial in the remarks section. Provost Marshals must enter the "MP Report Number" (Block"l) for all cases referred to commanders. "Sub-Installation" (Block·1) Is used to enter report number from a civilian law enforcement agency police report. Other informahon on the civilian law enforcement agency (e.g. civiliarl law enforcement agency address) may be entered in the remarks section. 2. Offender Ide Last Name: . .a• n (b)(6) (b)(7)(C) E-6 U.S. Army (SSG) Grade: First Name: Middle Name: SSN: Cadency: Oate of 3. (b)(6) (b)(7) (C) Birth: Referral Information lcommander Decision Oate: No. I 11/1912004 Basis Date 1 Making a False Statemenl (5M3A) UCMJ Article 107 1/312004 2 Obslructiorl of Justice [5X5] UCMJ Article 134 1I3/20G4 Offense 3 Assessory After The Fact [5X4) UCMJ Article 78 11312004 4 Conspiracy [5X1j UCMJ Article 81 1/312004 5 Sexual Harassment VesD vesD vesD Yes 0 vesD No0 Action Taken Yes 0 No/Z] No0 Yes 0 NolZ] No0 Yes 0 Noli] No0 Yes 0 No0 NoD Yes 0 NoD Reason Prosecution Declined/Other Prosecution DecflrledlOlher Prosecution Declined/Other Prosecution Declined/Other Uv IU1.) OA Fonn 4833 (electronic fonnat), March 2008 b(6), b(7)(C) Page 1 of 6 ACLU DETAINEE DEATH 2 CID 1501 3. Referrallnfonnatlon (continued) No. Offense Basis Date Sexual Harassment 6 Yes 0 Action Taken N,o VesO NoD 7 v"o N'o v.. 0 N,o 6 V"O N,o N'o 9 V"O N,o v.. 0 N'o 10 v.. 0 N,o v.. 0 N'o YesO Reason NOTE: For each offense marked NO lor ilction taken, you muSI ~ppty a reason. If you selected "YES· tot any offense, continue to "Action Taken" (BIock~). If you seleded "'NO" for All offenses, go directly to "Commander's Remarks" (Block·101, sign, date, and return the form to the agent specified in ""'Referred By" (BIock-l). 4. Action Taken OAdmlnismtive Non-Adverse Referrals o Non-Judiclal (Article 15) (see details below) OJudlcial Court Martial or Civilian Criminal Cour1 Adverse Personnel Actions Non-Judicial Punishment Authority (select one): o Summarized o Company Grade o Field Grade o Principal Assistant o GCMCA Imposed o General Officer Imposed o Summary Court Martial o General Court Martial o Special Court Martial o Civilian CriminallMagistrate I 5. NJP/Court·Martial/Clvilian No. Judicial Punishment Authority (select one): I Criminal Court Proceeding Outcome Charged Offense Plea Finding Offense Trial Finding 1 NO ACTION TAKEN .. Making a False Statement [5M3AJ 2 NO ACTION TAKEN Obstruction or Justice {5X5J 3 NO ACTION TAKEN _ Assenory After The Fact {5X4J . ~ACnONTAKEN Conspiracy (5X1J 5 PLEA: G-Guilty, C-No Contest, N"'Not Guilty. D=Pre. Trial Divel$ion, TRIAl FINDING: DCV-Ossmiued (CMl), DCR"'DismJssed (Criminal), P=Findiog for Plaintiff, FzFinding for Respondent, G=Guilty, C>No Contest. N=Not Guilty. S-5ettlement V OA Form 4833 (electronic format), March 2008 'U.l ' Page 2 of 6 ACLU DETAINEE DEATH 2 CID 1502 5. NJP/Court-MartiaUCivilian Criminal Court Proceeding Outcome (continued) No. Charged Offense Plea Finding Offense Trial Finding 6 7 • • 10 PLEA: G:Guilty, C=No Contest, N=Not Guilty, D=Pre- Trial Diversion. TRIAL FINDING: DCV=DismiSsed (CivM). OCR-DiSmissed (eminal), P5Finding for Plaintitr, F"Findiog fOf Respondef1t, G=Guilty. C=No Contest N::NQt Guilty. S"Setuement 6. Administrative Actions Non·Adverse Agency Referred Responded Date Imposed Family Advocacy ~rugiAICOhOI Abuse Type of Action 0,,1 Counseling/Concern 0 0 0 0 pecial Referral Reprimand Equal Opportunity ensure Admonition egalOffice WrItten Local OMPF 0 0 0 0 0 0 0 0 lMental Health IRelief Agency Adverse Description Date Imposed Withholding of Privileges Adverse Performance Evaluation (OERlNCOER/Academic Report) Relief for Cause (OER/NCOER) Mandatory Reassignment Transfer (such as rehabilitative) IAdverse Record Entry· Flag tnial of Reenlistment or Continued Service ithholding of Promotion Delay of Promotion Promotion Revocation Clearance Revocation Control Roster (downgrade of clearance, PRP redassificalion) Resignation Retirement Retirement at Lower Grade From: To: Transfer to Inactive Reserve 000017 DA Fonn 4833 (electronic tonnat). March 2008 Page 3 of 6 ACLU DETAINEE DEATH 2 CID 1503 6. Administrative Actions (continued) Date Imposed Description Military Occupational Specialty Redassification Debarment Duration: ob Termination Job Suspension Duration: leave Without Pay loss of Warrant Duration: o Days o Months o Years o Days o Months o Years o Days OMonlhs DYears oIunlary Disclosure Reslilution (to US Government) Amount: Restitution (to third party Non-US Government) Civil-Civil Action lomation Amount: Other (return to states, etc.) Contract Suspension Duration: OOays o Months o Years Contract Termination Cost Adjustment Amount: Bid Rejection Recoupment Amount: Denial of Continuation Other Contract Action 7. Details of Administrative Separation Date Imposed Regulation Chapter Characterization Effective Date Proceet:l to Commande(s Remar\(s (Block·10) if you chose Administrative Action 8. Non-Judicial/Judlciaf Sanctions Sanction Date Adjudged Fine Amount: Forfeiture Amount: ExIra Duty Days: Restriction Days: Correctional Custody Days: Confinement Duration: Bad Conduct Discharge Effective Date: Dishonorable Discharge Effective Date: From: Reduction in Grade To: Probation Duration: Special Assignment Duration: etal Forfeiture (an pay/allowance)DtKation : Duration: DOays o Days o Monlhs o Years o Days o Days o Days o Months o Years DMonths o Years DMonths o Years o Months Olif. DUfe Death ~ivil Recovery Amount: ivil Award Amount: DA Fonn 4833 (eleetronlc fonnat), March 2008 6 ACLU DETAINEE DEATH 2 CID 1504 9. Suspended Sanctions Were Any Sanctions Suspended? DYes 0No If no sanctions were suspended, proceed to ·Commander's Remarks· (Blodt:.10) Suspended Sanction Suspended Sanction Information Date Suspended: Fine Suspension Duration: Suspended Portion USS: Suspension Conditions: Forfeiture Date Suspended: Suspension Duration: Suspended Portion USS: Suspended Portion TIme: Suspension Conditions: Extra Duty Dafe Suspended: Suspended Portion Time: Suspension Duration: Suspension Conditions: Dale Suspended: Restriction Suspended Portion Time: Suspension Conditions: Date Suspended: Correctional Custody Suspension Duration: Suspended Portion Time: Suspension Conditions: Dale Suspended: Confinement Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Reduction in Grade Probation Date Suspended: Suspension Conditions: Suspension Duration: Date Suspended: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Spedsl Assignment Tolal Forfeiture Suspended Portion TIme: Suspension Conditions: Dale Suspended: Suspended Portion Time: Suspension Duration: Suspension Conditions: Date Suspended: Civil Recovery Suspension Duration: Suspension Duration: Suspended Portion USS: Suspension Conditions: Date Suspended: Civij Award Suspension Duration: Suspended Portion USS: Suspension Conditions: 00001.1 DA Form 4833 (electronic format), March 2008 Page 5 of 6 ACLU DETAINEE DEATH 2 CID 1505 10. Commander's Remarks 04BS·2004·CID056· 76341·5H 1A USASCRC Number: Sanction: F52004111119 11. Commanding Officer was a DNA sample collected from the offender? Name and Grade: DYes ONo • Is'ignature: lSTgnature Date: 11/1912004 AKO e-Mail Address: DA Form 4833 (electronic format). March 2008 oD002' Page 6 of 6 ACLU DETAINEE DEATH 2 CID 1506 COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of this form, see AR 190-45: Ihe proponent agency is the Provost Marshal General PRIVACY ACT STATEMENT AUTHORITY; PRINCIPAL: ROUTINE USES: DiSCLOSURE: TiUe 10 USC Sealon 301: TJlle 5 USC Section 2951; E,O. 9397 dated November 22, 1943 To provide commanders and law enforcemer.t officials with means by which information may be accurately identified. Your Social Security Numbltt is used as 1I1'l additional/alternate means of identification to facilitate filing and retrieval. Disclosure of your Social Security Number is vohmtary. 1. Control Information Thru: 0489-2004-C I0056-76341-5H 1A USACRC Number: MP Report Number: N/A To: Sub-Installation: COO2100DC Referred By: Referral Date: 11/19/2004 Suspense OaOO: I he first Lieutenant Colonel in the ensin 01 command \s responsible and accountable for completing. uA rorm 4833 with support documentation {copies 01 Article 15s, court-mllrtial orclers, reprimands, etc) for atl USACIOC investigations. The unit and brigad$ commander or their equivalt'nt will also receive a copy of the DA Form 483Jlor all USACIDC investigations. Company, troop, and battery level commanders are responsible and accountable for completing DA Form 4833 with supporting do-cumenlation in ali cases investigated by MP1, civilian detectives employee! by the Department of the Army, and the PMQ. Accurate and complete OA 4833 disposition reports are requirea' to meet instal!ation, command, HQDA, DOD, and federal staMol)' rep.o1tmp requirements. The data is used to idel1tlfy crime trends, establish command programs in law enforcement aM other activities, and to ensure that resources are made available to support cornrnanders who must address issues of soldier and family member indiscipline. In coulf-martial cases, a conviction of an offense at court-martial may be for a different, or lesser included offense. List the offense for which the individual was convicted at court-martial in the remafll.s section, Provost Marshals must tlnter the "MP Report Number'" (BlociI- f) fur all cases relerrad to commanders. "Sub-Installation" (BlocJ(-1) is lIsed to er'lter report number from a civilian law enforcemenl agency police report. Other information on the ciVilian law enforcement agency (e.g. civilian law enforcement agency address) may be entere<l in the remaTks section. 2. Offender Identification (b)(6) (b)(7)(C) last Name: E·' Grade: U.S. Army {SPC} First Name: (b)(6) Middle Name: SSN: Cadency: Date of Birth 3. Referral Information !commander Decision Date: I 11/1912004 Basis Date 1 Making a False Statement [5MJA] UCMJ Article 107 113/2004 2 Obst!1Jdion of JUstice [5X5J . UCMJ Article 134 1/312004 No. Offense 3 ~ssessory After The Fact [5X4] UCMJ Article 78 11:312004 , Conspiracy {5Xlj UCMJ Article 81 11312004 5 OA Fonn 4833 (electronic format), March 2008 Sexual Harassment Yes 0 vesD Yes 0 N00 YesO N00 N00 vesD N00 V"O N00 NOrl) N00 V"O V"O Yes Action Taken 0 NoD b(6), b(7)(C) Yes 0 No0 Reason ProseClJlion Declined/Other rosecutioll Declined/Other Proseculion Oedined/Oll)er Prosecution DecfinedfOther NoD OOO<t~L of 6 ACLU DETAINEE DEATH 2 CID 1507 3. Referral Information (continued) No. Offense Basis Date Sexual Harassment 6 7 8 9 10 Action Taken Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Reason NOTE: For each offense marked NO for action taken, you must supply a reason. If you selected "YES" for any offense, continue 10 "Action Taken" (Block",,). If yOll selected "NO' for ALL offenses, go directly to "Commande(s Remarks~ (Block-l0J, sign, date, and return the form 10 the agent specified in "Referred By" (Block-l). 4. Action Taken DAdministrative Non-Adverse Referrals o Non-Judicial (Article 15) DJudlclal Court Martial or Civilian Criminal Court (see details below) Adverse Personnel Actions Non-Judicial Punishment Authority (select one): o Summarized o Company Grade o Field Grade o Principal ASSistant 5. o GCMCA Imposed o General Officer Imposed Judicial Punishment Authority (select one): o Summary Court Martial o General Court Martial o Special Court Martial o Civilian CriminallMagistrate I I NJP/Court·Martial/Clvilian Criminal Court Proceeding Outcome No. 1 Charged Offense NO ACTION TAKEN -- Making Plea Finding Offense Trial Finding a False Stalement [5MJAj 2 NO ACTION TAKEN Obstruction at Justice [5X5] 3 NO ACTION TAKEN Assessory After The Fact [5X4] , 4 NO ACTION TAKEN Conspiracy 15Xl) 5 PLEA: G=Guilty, C=No Contest, N=Not Guilty. D=Pre-Trial Diversion, TRIAL FINDING: DCV=Oismissed (Civil), DCR"'Dismissed (Criminal). P=Ffnding for Plaintiff. F=Finding for Respondenl. G=Gvllty, C=No Contest, N=Nol Guilty, S"'Settleme~t 0000-::2 ~ DA Fonn 4833 (electronic tonnat), March 2008 Page 2 of 6 ACLU DETAINEE DEATH 2 CID 1508 5. NJP/Court·MartiallCivilian Criminal Court Proceeding Outcome (continued) No. Charged Offense Plea Finding Offense Trial Finding 6 7 8 9 10 PLEA: G"Guilty. C=No Contest, N=Not Guilty, D"Pre·Trial Diversion. TRIAL FINDING: DCV=Dismissed (Civil), DCR=Drsmissed (Criminal). P=Finc\ing for Plaintiff. F:Finding for Resporodenl. G=Guilty, C"No CoOlest, N"Nol Guilty, S"Settlement 6. Administrative Actions Non·Adverse Referred Agency Responded Date Imposed Family Advocacy Written Type of Actlon Ono' local OMPF Drug/Alcohol Abuse Counseling/Concern Special Referral Reprimand Equal Opportunity Censure legal Office Admonition 0 0 0 0 0 0 0 0 0 0 0 0 Mental Health Relief Agency Adverse Description Date Imposed Withholding of Privileges Adverse Performance Evaluation (OERJNCOERlAcademic Report) Relief for Cause (OER/NCOER) Mandatory Reassignment Transfer (sllch as rehabilitative) Adverse Record Ent!)' • Flag Denial of Reenlistment or Continued Service !Withholding of Promotion Delay of Promotion Promotion Revocation Clearance Revocation Control Roster (downgrade of clearance, PRP reclassification) Resignation Retirement Retirement at lower Grade From: To: Transfer to Inactive Reserve 000023 DA Fonn 4833 (electronic fonnat), March 2008 Page 3 of 6 ACLU DETAINEE DEATH 2 CID 1509 6. Administrative Actions (continued) Description Date Imposed Military Occupational Specialty Reclassification Debarment Duration: DDays Job Suspension Duralion: DOays o Months OYears o Months o Years Leave Without Pay Duration: DOays OMonths Job Termination DYears Loss of Warrant Voluntary Oisdosure Restitution (to US Government) Amount: Reslilution (to third party Non·US Government) Amount: Civil·Civii Action Initiation Other (return to states, etc.) Contract Suspension Duration: o Days o Monlhs o Years Contract Termination Cost Adjustment Amount: Bid Rejection Amount: Recoupment Denial of Continuation Other Contract Action 7. Details of Administrative Separation Date Imposed Regulation Chapter Characterization Effective Date Proceed to Commanaer's Remarks (Block·10) if you chose Administrative Action 8. Non-JudiciallJudicial Sancfions Sanction Date Adjudged Fine Amount: Forfeiture Amount: Extra Duty Days: Restriction Days: Correctional Cuslody Days: Duration: DDays OMonths DOays o Months DYears Duration: DDays DMonths DYears Duration: Special Assignment Total Forfeiture (all pay/allowance)Duration : DDays Confinement Duration: Bad Conduct Discharge Effective Date: Dishonorable Discharge Effective Date: Reduction in Grade o Life From: To: Probation DDays o Months o Years o Months DYears o life Death Civil Recovery Amount: Civif Award AmOlJ1lf : UUUU.:: DA Fonn 4833 (electronic fonnat), March 2008 Page 4 of 6 ACLU DETAINEE DEATH 2 CID 1510 9. Suspended Sanctions Were Any Sanctions Suspended? [{jNo DYes If no sanctions were suspended, proceed to "Commander's Rernarks« (SIOck-l0) Suspended Sanction Suspended Sanction Information Date Suspended: Fine Suspension Duration: Suspended Portion US$: Suspension Conditions: Forfeiture Date Suspended: Suspension Duration: Suspended Portion US$: Suspended Portion Time: Suspension Conditions: Date Suspended: Extra Duty Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Restriction Suspended Portion Time: Suspension Conditions: Date Suspended: Correctional Custody Confinement Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Suspension Duration: Suspended Portion Time: Suspension Conditions: Reduction in Grade Date Suspended: Suspension Conditions: Date Suspended: Probation Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Special Assignment Total Forfeiture Suspended Portion Time: Suspension Conditions: Date Suspended: Suspended Portion Time: Suspension Duration: Suspension Conditions: Date Suspended: Civil Recovery Suspension Duration: Suspension Duration: Suspended Portion US$: Suspension Conditions: Dale Suspended: Civil Award Suspension Duration: Suspended Portion US$: Suspension Conditions: DA Form 4833 (electronic format). March 2008 Page 5 of 6 000025 ACLU DETAINEE DEATH 2 CID 1511 10. Commander's Remarks 0489-2004-CID056-76341-5H1 A USASCRC Number: Sanction: F52004/11/19 11. Commanding Officer Was a DNA sample coJJected from the offender? Name and Grade: DYes ONo , Signature: "lSignature Date: 1111912004 IAKO e-Mail Address; 000 U~f:j OA Form 4833 (electronic fonnat), Marth 2008 Page 6 of 6 ACLU DETAINEE DEATH 2 CID 1512 COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of this form, see AR 190-45: the proponent agency is the Provost Marshal OMaral PRIVACY ACT STATEMENT AUTHORITY: PRINCIPAL: ROUTINE USES: DISCLOSURE: nle 10 USC Section 301; Title S USC Section 2951; E.O. 9397 dated November 22, 1943 To provide commander5 and Jaw enforcement officials with means by which information may be accurately identified. Your Social Security Number is used as an eddilionaValtemale means or identification 10 facilitate filing Bild retrieval, Disclosure of your Social Security Number is voluntary. 1. Control Information Thru: U$ACRC Number: 0489-2004-C1D056-76341-5H1 A MP Report Number: NIA To: Sub-Installation: COO2100DC Referred By: Referral Date: 11/1912004 Suspense Date: The firSl Lieutenant ....olonel in the chain 01 command is responsible and accountable lor completing A r-orm 4 wilh support documerltatiorl (copies of Article 155, court-martial orders, reprimands, etc) for all USACIDC irlvestigatiorl5. The unit arlo' brigade commarrder or their equivalent will also receive a copy of the DA Form 4833 for all USACIDC irlvestigations. Comp;;lrIy, troop, arlo' battery level commarlders are responsible and accountable for completirlg DA Form 4833 with supporting documlilntation in all cases investigated by MI:>I. civlliarl detectives employed by the Department of tI1e Army. and the PMO. Accurate arlo' complete DA 4833 disposition reports are required to meet instalfation, command, liCDA, DOD, and feo'eral statutory reporting reqlJiremenlS. The data is used to identify crime trends, establish commano' programs in law enforcement and other activities, arlo' to ensure that resources are made available to support commanders who must address issues of soldier and family member indiscipline. In court-martial cases, a conviction of i31n offense at court-martial may be for a different, or lener included offense. List the offense for which the individual was convicted at court-martial in the remalks section. Provost Marsha!$ must enler the "MP AeP'Ofl Numbar" {BJoek-1) for all cases referred to commanders. "SUb-Installation" (BIOClt-l) is used to enter report number from a civilian iaw enforcement agency police report. Other information on the civilian law enforcement agency (e.g. civilian law enforcement agency address) may be entered in the remarKs section. 2, Offender Identification Last Name: (b)(6) (b)(7) (C) £.:5 U.S. Army (SGT) Grade: First Name: (b)(6) (b)(7)(C) Middle Name: SSN: Cadency: Date of Birth: 3. Referral Information ICommander Decision Date: No. Offense 1 Making a False Statement (5M3A) 2 Obstruction of Justice [5X5} 3 Assessory After The Fact {5X4) 4 Conspiracy {5X I} I 11/19/2004 Basis Date UCMJ 1/3/2004 Micle 107 UCMJ Article 134 1/'J12004 UCMJ Article 76 11312004 UCMJ Article 81 1'JJ2004 5 Sexual Harassment vesD Action laken No[2J VesD 0 Yes 0 No0 Yes Yes 0 N00 Y~D YesO Yes 0 0 N00 Yes NoD Y~D Noli] N00 Reason rosecution Dec!ined/other Prosecution Declined/Other Prosecution Declined/Other No0 N00 Prosecution Dedined/Other NoD • OOQ2f7 OA Fo"" 4833 (electronic fonnat), March 2008 of 6 b(6), b(7)(C) ACLU DETAINEE DEATH 2 CID 1513 3. Referral Information (continued) No. Offense Basis Date Sexual Harassment 6 0 NoD Yes 0 NoD y"o NOD Yes 0 NoD Yes 7 8 9 10 Action Taken Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NOD Yes 0 NoD Reason NOTE: For each offense marxed NO for action taken, you must supply a reason. If you selected "YES' for any offense, continue to "Action Taken· (Block-4). If you selected "NO' for All offenses, go directly to "Commander's Remarks· (Block-l0), sign, date, and return the form to the agent specified in "Referred By" (Block- \). 4. Action Taken o Administrative o Non.Judicial (Article 15) Non-Adverse Referrals (see details below) o Judicial Court Martial or Civilian Crimina! Court Adverse Personnel Actions Non.Judicial Punishment Authority (select one): o Summarized o Company Grade o Field Grade o Principal Assistanl o GCMCA Imposed o General Officer imposed 5. NJPfCourt-MartlalfClvillan No. 1 o General Court Martial D Summary Court Martial o o Special Court Martial Civilian CriminallMagistrate I I Criminal Court Proceeding Outcome Charged Offense NO ACTION TAKEN Judicial Punishment Authority (select one): Plea Finding Offense Trial Finding Making a False Statement [5M3A) 2 NO ACTION TAKEN - Obstruction of Justice [5X5J 3 NO ACTION TAKEN·- Assessory After The Fact (5X4] , • NO ACTION TAKEN Conspiracy (5Xl) 5 PLEA: G"Guilty, G=No Contest, N"Not Guilty. D:Pre·Trial Diversion, TRIAL FINDING: DCV=Cismissed (Civil), DGR:Dismissed (Criminal). P:Finding for Plaintiff, F"Finding for Respondent, G:Guitty, C:No Contest. N=Not Guilty, S=Settiemel1t OA Fonn 4833 (electronic format), March 2008 Page 2 of 6 000028 ACLU DETAINEE DEATH 2 CID 1514 5. NJP/Court-MartialfCivilian Criminal Court Proceeding Outcome (continued) No. Charged Offense Plea Finding Offense Trial Finding 6 7 , 9 10 PLEA: G:::Guilly, C:::No Contest, N:::Not Guilty, D::Pre-Trial Diversion, TRIAL fiNDING: DCV:::Dfsmissed (Civil), OCR:::Dismissed (Criminal), P:::Fillding for Plaintiff, F:::Finding fOf Respondent, G::Guilty, C::No Contest, N:::Not Guilty, S=Settlement 6. Administrative Actions Non-Adverse Agency Referred Responded Type of Action 0 .., Drug/Alcohol Abuse Special Referral Counseling/Concern Reprimand Equal Opportunity Censure Legal Office lAdmonition 0 0 0 0 Date Imposed Family Advocacy Written Local OMPF 0 0 0 0 0 0 0 0 Mental Health Relief Agency Adverse Date Imposed Description Withholding of Privileges !Adverse Performance Evaluation (OERINCOERIAcademic Report) Relief for Cause (OERINCOER) Mandatory Reassignment !isnSfer (such as rehabilitative) dverse Record Entry - Flag Denial of Reenlistment or Continued Service Withholding of Promotion Delay of Promotion Promotion Revocation Clearance Revocation Control Roster (downgrade of clearance, PRP reclassification) Resignation Retirement Retirement at Lower Grade From: To: ransfer to Inactive Reserve 000029 OA Fonn 4833 (electronic fonnat), March 2008 Page 3 of 6 ACLU DETAINEE DEATH 2 CID 1515 6. Administrative Actions (continued) Date Imposed Description Military OCcupational Specialty Reclassification Debarment o Days o Monlhs o Days o Months o Days o Months Duration: ob Termination ob Suspension Duration: Leave VlMhoul Pay Duration: OVears OVears OVears Loss of Warrant Voluntary Disclosure Restitution (to US Government) Amount: Restitution (to third party Non-US Government) Amount: Civil-Civil Action Initiation Other (return 10 slates, etc.) Contract Suspension o Duration: Days o Months OVears Contract Termination Cost Adjustment Amount: Bid Rejection Amount: Recoupment Denial of Continuation 10iher Contract Action 7. Details of Administrative Separation Date Imposed Regulation Chapler Characterization Effective Date Proceed to Commander's Remarks (Btock-l0) if you chose Administrative Action 8. Non-JudiciaUJudicial Sanctions Sanction Oate Adjudged Fine Amount: Forfeiture Amount: Extra Duty Days: Restriction Days: Correctional Custody Days: Confinement Duration: Bad Conduct Discharge Effective Date: Dishonorable Discharge Effective Date: Reduction in Grade Duration: o Days 0 Months DDays o Months o Years o Life o o o o Months o Years o Months o Years o Monlhs DYears OUfe From: To: Probation Duration: Special Assignment Duration: Total Forfeiture (all paylalJowance)Duralion : Days Days Days Death Civil Recovery Amount: Civil Award Amount: V DA Fonn 4833 (electronic fonnat), March 2008 1.1'O'TJ3'" Page 4 of 6 ACLU DETAINEE DEATH 2 CID 1516 9. Suspended Sanctions Were Ally Sanctions Suspended? DYes 0No If no sanctions were suspended. proceed to -Commander's Remarks" (Block-10) Suspended sanction Suspended Sanction Information Date Suspended: Fine Suspension Duration: Suspended Portion US$: Suspension Conditions: Forfeiture Date Suspended: Suspension Duration: Suspended Portion US$: Suspended Portion Time: Suspension Conditions: Date Suspended: Extra Duty Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Restriction Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Correctional Custody Suspended Portion nme: Suspension Conditions: Dale Suspended: Confinement Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Reduction in Gnod. Date Suspended: Suspension Conditions: Dale Suspended: Probation Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Special Assignment Total Forfeiture Suspended Portion Time: Suspension Conditions: Date Suspended: Suspended Portion Time: Suspension Duration: Suspension Conditions: Dale Suspended: Civil Recovery Suspension Duralion: Suspension Duration: Suspended Portion US$: Suspension Conditions: Date Suspended: Civil Award Suspension Duration: Suspended Portion US$: Suspension Conditions: 000031 DA Form 4833 (electronic format). March 2008 Page 5 of 6 ACLU DETAINEE DEATH 2 CID 1517 10. Commander's Remarks 0469·2004-CI DOS6-76341-SH1A USASCRC Number: Sanction: F5 2004/11/19 11. Commanding Officer Was a DNA sample collected from the offender? Name and Grade: DYes ONo , Signature: lS!gnature Date: 11/1912004 AKO e-Mail Address: DA Form 4833 (electronic format), March 2008 000032 Page 6 of 6 ACLU DETAINEE DEATH 2 CID 1518 COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of this form, see AR 190-45; the proponent agency is the Provost Marshal General PRIVACY ACT STATEMENT AUTHORITY: PRINCIPAL: ROUTINE USES: DISCLOSURE: Title 10 USC Section 301; Title 5 USC Section 2951: E.G. 9397 dated November 22, 1943 To provide commanders an<llaw er'lforcement officials with means by whiCh (nformation may be accurately k:lentified. Your Social SectJrity Nllmber is used as an addiliona!la~ernate means of identification to facilitate filing and retrieval, Disclosure of your Social Security Number is voluntary. 1. Control Information Thru: USACRC Number: 0489-2004-CI D056-76341·5H1 A MP Report Number: NfA To: Sub-Installation: COO2100DC Referred By: Referral Date: 11/1912004 Suspense O.ate: r he first Lieutenant \,;olonel in Ihe Cllaln 01 command is responsible and accountable for completing DA Form 4833 with support documentatiOn (copies of Article 15s, court-martial orders, reprimands, etc) for all USACIDC investigations. The unit and brigacle commander or their eqllivalent will also receive a copy of the DA Form 4833 for all USACIOC investigations. Company. troop, and battery level commanders are responsible and accountable for completing cases investigated by MPI, civilian detectives employed by the Department of the Army, and the reports are required to meet installation. command, HQDA, 000. and federal statutory reporting trends, establish command programs in law enforcement and other activities, and to ensure lhal commanders who must address issues of soldier and family member indiscipline DA Form 4833 with supporting documentation in all PMO. Accurate and complete DA 4833 disposllion requirements. TM data is used to identify crime resources are made available 10 support In court-martial cases, a conviction of an offense at court-martial may be for e different, or lesser included offense. List the offense for which the individual was convicted at court-martial in the remarks section. Provost Marshals must enter the "MP Report Numbe(' (Block.1) for all cases referred to commanders. "Sub·!nstallation" (Block-1) is used to enler repon n\Jmber from a c!vil(an law enforcemerlt agency police report. Other information Orl the civilian law enforcement agency (e.g. civilian law enforcement agency address) may be entered in the remarks section. 2. Offender I~ (b)(6) (b)(7)(C) E-4 U.S. Army (SPC) Grade: Last Name: First Name: (b)(6) (b)(7)(C) Middle Name: SSN: Cadency: Date of Birth: 3. Referrallnfonnation ICommander Decision Date: No. I 1111912004 Offense 1 Making a False Statement [5M3A) Basis Date UCMJ Article 107 11312004 2 Ob5\ruetion of JlIslice [5X5] UCMJ Article 134 11312004 3 Assessory After The Fact [5X4) UCMJ Article 78 11312004 UCMJ Article 81 1/3/2004 4 Conspiracy [5X1J 5 DA Form 4833 (electronic format), March 2008 Sexual Harassment Action Taken Yes 0 N00 Yes 0 N00 Yes 0 NO[ZJ Yes 0 NO[ZJ Yes 0 NO[ZJ Yes 0 NO[ZJ Yes 0 N00 V"O Yes 0 NOD Yes b(6), b(7)(C) 0 No0 Reason Prosecution DedinedlOlher Prosecution Declined/Other Prosecution Declined/Other Prosecution Declined/Othel NOD UUUUj" Page 1 of 6 ACLU DETAINEE DEATH 2 CID 1519 3. Referral Information (continued) No. Offense Basis Date Sexual Harassment 6 NoD Yes 0 NoD Y"D NoD Yes 0 NoD Yes 7 8 Action Taken 0 YesO NoD NoD YesD 9 Yes 0 NoD Y"D NoD 10 Yes 0 NoD Yes 0 Reason NoD NOTE: For each offerrse marked NO for action taken, you must supply a reason. If yOll selected "YES" for any offense, continue to "Action Taken" (Block-4). If you selected "NO" for ALL offenses, go directly to 'Commander's Remarks" (Block-l0), sign, date, and return the form to the agenl specified in "Referred By" (Block-1). 4. Action Taken o Non-Judicial (Article 15) DAdmlnistratlve Non-Adverse Referrals DJudiclal Court Martial or Civilian Criminal Court (see details below) Adverse Personnel Actions Non-Judlclal Punishment Authority (select one): o Summarized o Company Grade o Field Grade o Principal Assistant 5. OGCMCA Imposed o General Officer Imposed Judicial Punishment Authority (select one): o Summary Court Martial D Special Court Martial o General Court Martial D Civilian CriminallMagistrate I I NJP/Court-Mar1lal/Civilian Criminal Court Proceeding Outcome No. Charged Offense Plea Finding Offense Trial Finding 1 NO ACTION TAKEN - Making a False Statement [5M3A) 2 NO ACTION TAKEN -- Obstruction of Justice !5X5J J NO ACTION TAKEN -- Assessory After The Fact [5X4J 4 NO ACTION TAKEN _. Conspiracy [5Xl) 5 PLEA: G=Guilty, C=No Conlest, N=Nol Guilty, D=Pre-Trial Diversion, TRIAL FINDING: DCV=Dismissed (Civil), DCR=DismiSSed (Criminal), P:Finding for Plaintiff, F=Finding for Respondent, G=Guilty, C-No Contest. N=Not Guilty, S-settlement 000034 OA Form 4833 (electronic format), March 2008 Page 2 of 6 ACLU DETAINEE DEATH 2 CID 1520 5. NJP/Court·Martial/Civillan Criminal Court Proceeding Outcome (continued) No. Charged Offense Plea Finding Offense Trial FInding • 7 8 • 10 PLEA: G=Guilty, C=No Contesl, N"'Nol Guilty, D=Pre-Trial Diversion, TRIAL FINDING: OCV='Oismissed (Civil), DCR;Dismissed (Criminal), P"'Flnding lor Plaintiff, F=Finding for Respondent, G=Guiity. C"No Conlesl, N-Nol Guitty, S"SelUemenl 6. Administrative Actions Non·Adverse Referred Agency Responded Oilte Imposed amiJy Advocacy Type of Action Counseling/Concem lDrug/Alcohoi Abuse Special Referral lKeprimand Equal Opportunity ~ensure !Admonition egalOffice Written 0 ..' Local OMPF 0 0 0 0 0 0 0 0 0 0 0 0 Mental Health Relief Agency Adverse Description Date Imposed \!Vithholding of Privileges Adverse Performance Evaluation (OER/NCOERJAcademic Report) Relief for Cause (OERINCOER) Mandatory Reassignment ransfer (such as rehabilitative) Adverse Record Entry - Flag Denial of Reenlistment or Continued Service jVVithhokling of Promotion Delay of Promotion Promotion Revocation Clearance Revocatioo Control Roster (downgrade of dearance, PRP redassification) Resignation Retirement Retirement at Lower Grade From: To: Transfer to Inactive Reserve 000035 DA Form 4833 (electronic format), March 2008 Page 3 of 6 ACLU DETAINEE DEATH 2 CID 1521 6. Administrative Actions (continued) Date Imposed Description Military Occupational Specialty Reclassification Debarment Duration: ob Termination ob Suspension Duration: leave lNithout Pay loss of Warrant Duration: estitution (to US Government) Restitution (to third party Non-US Government) Civil-Civil Action Initiation Amount; Amount; o Days o Months o Days o Months o Days o Months DVears DVears o Days o Months DVears DVears ~untary Disdosure Other (return to Slates, etc.) Contract Suspension Duration: K:ontract Termination Cost Adjustment Amount: Bid Rejection Amount: Recoupment Denial of Continuation Other Contract Action 7. Details of Administrative Separation Date Imposed Regulation Chapter Characterization Effective Dale Proceed to Commander's Remarks (Block.10) if you chose Administrative Action 8. Non-Judlcial/Judlclal Sanctions Sanction Date AdjUdged Fine Amount: Forfeiture Amount: Extra Duty Days: Restriction Correctional Custody Days: Days: Confinement Duration: Bad Conduct Discharge Effective Date: Dishonorable Discharge Reduction in Grade Effective Date: Front To: Probation Duration: Duration: Special Assignment otal Forfeiture (all payfanowance)Duration : Duration: o Days o Months o Days o Months DVears o Days o Days DVears DVears DDays o Months o Months o Monlhs o life DVears oure Death Civil Recovery icrv~ Award Amount: Amount: , DA Form 4833 (electronic ronnat). March 2008 oooo.::G Page 4 of 6 ACLU DETAINEE DEATH 2 CID 1522 9. Suspended Sanctions Were Any Sanctions Suspended? DYes 0No If no sanctions were suspended, proceed 10 ·Commander's Remarks" (Block.1 0) Suspended Sanction Suspended Sanction Infonnation Date Suspended: Fine Suspension Duration: Suspended Portion USS: Suspension Conditions: Forfeiture Date Suspended: Suspension Duration: Suspended Portion US$: Suspended Portion Time: Suspension Conditions: Dale Suspended: Extra Duty Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Restriction Suspended Portion Time: Suspension Conditions: Date Suspended: Correctional Custody Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Confinement Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Reduction in Grade Date Suspended: Suspension Conditions: Date Suspended: Probation Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Special Assignment Suspended Portion Time: Suspension Conditions: Date Suspended: Tolal Forfeiture Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Civil Recovery Suspension Duration: SuspenslOfl Duration: Suspended Portion US$: Suspension Collditions: Date Suspended: Civil Award SuspensiOfl Duration: Suspended Portion USS: Suspension Conditions: 000037 DA Fonn 4833 (electronic fonnat). March 2008 Page 5 of 6 ACLU DETAINEE DEATH 2 CID 1523 10. Commander's Remarks 0489-2004-CID056- 76341-5H lA USASCRC Number: Sanction: F52004/11/19 11. Commanding Officer Was a DNA sample collected from the offender? Name and Grade: DYes DNo • Signature: lSignature Date: 1111912004 AKO e-Mail Addre$$: OA Fonn 4833 (electronic format), March 2008 Page 6 of 6 000038 ACLU DETAINEE DEATH 2 CID 1524 COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of this form. see AR 190-45; the proponent agency is the Provost Marshal General PRIVACy ACT STATEMENT AUTHORITY: PRINCIPAl: ROUTINE USES: DISCLOSURE: Tille 10 USC Section 301: Title 5 USC Section 2951: E.O. 9397 dated November 22, 1943 To provide commanders and law enforcement offidals with means by which information may be 8ceuralely identified, Your Social Security Number is used n an additionatJatlernale means of identification to facilitate filing and retrieval. Disclo$ure olyour Socia! Security Number is vOIl.lntary. 1. Control Information Thl1J: USACRC Number: 0489-2004-CI 0056-76341·5H 1A MP Report Number: N/A 0' Referred By: Sub-fnstallatlon: CQ02100DC Referral Date: 11119/2004 Suspense Date: ~irst Lieul.enan~ l~ acco~ntabl.e For~ The colonel in chain of command .s responsible and lo.r completing.DA 4833wrtll support documentatIon (copIes of ArtIcle 15s, coun-martlal orders, reprimands, etc) for alt USACIDC Investigations. The uOil and bngade commander or their equivalent will also r~ceive a copy of Ihe DA Form 4833 for atl USACIDC investigations. Company. troop, and battery level commanders are responsible and accountable for completing DA Form 4833 willl supporting documentation in all cases Invesligated by MPI. civilian detectives employed by the Department of Ihe Army, and the PMO. Accurate lind complete DA 4833 disposition reports are required to m~t instaliatiOl1, command, HQDA. DOD. and federal statutory reporting requirements. The data is used to identify crime trends, establish command programs in law enforcement and other activilies, arid to ensure that resources are made available to support commanders who must address issues of soldier and family member indisciplirle. In court-martial cases. a convictiM of an offense at court-martial may be for a different, or lesser included offense. Ust the offense fOI which the lndividual was convicted at court-martial in the remarks section. Provost Marshals must enter the "MP Report Number" (Block-1) for all casel; referred to commanders. ·Sub-Installation" (Block-1) is used to enter report number from a civilian law enforcement agency police report. Other inforr11ation on the civilian law enforcement agency (e.g. civilian law enforcement agency address) may be entered in the remarks section, 2. Offender Identification (b)(6) (b)(7)(C) Last Name: E-3 U.S. Army (PFC) Grade: First Name: (b)(6) (b)(7)(C) Middle Name: SSN: Cadency: Oate of Birth: 3. Referral Information ICommander No. Decision Oate: I 1111912004 Basis Date 1 Premedijated Murder [5H1A) UCMJ Article 116 i1J/2004 2 Aggravilled Assalllt {SC1D] UCMJ Article 128 11312004 UCMJ Article 107 1/312004 UCMJ Article 134 11312004 UCMJ Article 8t 113/2004 3 Offense Making a Filise Stalemerl! (5M3A] 4 Obslruction of Justice /5X5} 5 Conspiracy [5X1] OA Form 4833 (electronic format), March 2008 Sexual Harassment Yes Yes 0 0 YesD Yes 0 YesD N00 No[Zl Action Taken Y~D Yes 0 No[t] Prosecution Declined/Other fosecution DeclinedfOther N00 No[Z) YesD NO{ZJ Yes 0 ""0 No0 Yes 0 N00 b(6), b(7)(C) Reason No[Z) rcsecl/!ion DeclinedlOlher PrtlsecutiOrl Declined/Other Prosecution Declined/other VUUU",'j Page 1 of 6 ACLU DETAINEE DEATH 2 CID 1525 3. Referrallnfonnation (continued) No. Offense Basis Date Sexual Harassment 6 7 8 Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 0 NoD Yes 10 Reason NoD Y"D NoD YesO 9 Action Taken 0 YesO NoD Yes 0 NoD NoD Yes 0 NoD NOTE: For each offense marked NO for action taken, you must supply a reason. If you selected ~YES" for any oHense, conlinue to ~Acfion Taken" (Block-4). If you selectea "NO" for ALL offenses. go directly /0 "Commander's Remarks· (Blocl<-10), sign, date, and retum the form to the agent specified in "Referred By· (BIock.-l). 4. Action Taken o OAdministratlve Non·Adverse Referrals NQn-Judie-lal (Article 15) OJudiclal (see details below) Court Martial or Civilian Criminal Court Adverse Personnel Actions Non-Judlcial Punishment Authority (select one): o o o o 5. Summarized Company Grade o o GCMCA Imposed General Officer Imposed Field Grade Principal Assistant NJP/Court·MartiallClvilian Criminal No. Judicial Punishment Authority (select one): o o o Summary Court Martial o General COlJrt Martial Special Court Martial Civilian CrimlnallMagislrate I I Court Proceeding Outcome Charged Offense Plea Finding Offense Trial Finding 1 NO ACTION TAKEN .• Premedrtated Murder [5H1AI 2 NO ACTION TAKEN .. Aggravated AssaUlt [5C lDI 3 NO ACTION TAKEN·- Making a False Statement [5MJAI • NO ACTION TAKEN.· Obstruction of Justice [5X51 5 NO ACTION TAKEN •• Conspiracy [5Xl/ PLEA.. G:GuiJly, C=No Conlesl, N"Nol GUill}', D"Pre·Trial Diversion, TRIAL fINDING: OCV"Di~missed (CiVil), DCR"DismiSsed (Criminal), P"'Flnding for Plaintiff, F=Finding for Respondenl, G"'Guifty, C"No Contest, N"'Not Guilty, S"'Settfement 000040 OA Form 4833 (electronic (annat), March 2008 Page 2 of 6 ACLU DETAINEE DEATH 2 CID 1526 5. NJP/Court~Martial/CivilianCriminal Court Proceeding Outcome (continued) No. Charged Offense Plea Finding Offense Trial Finding 6 7 8 9 10 PLEA: G"'Guilt~, C:=No Contest. N"'Not Guilty, D"'Pre-Trial Diversion, TRIAL FINDING: DCV=Dismissed {Civil), DCR=Dismissed (Criminal), P;Finding for Plaintiff, P=Finding for Respondent, G=Guilty, C=No Contest, N=Not Guilty, S=Settlement 6. Administrative Actions Non-Adverse Agency Referred Responded Written Date Imposed Family Advocacy Type of Action 0",' Local OMPF Special Referral Counseling/Concern Reprimand Equal Opportunity Censure Legal Office !Admonition Drug/Alcohol Abuse 0 0 0 0 0 0 0 0 0 0 0 0 Mental Health Relief Agency Adverse Description Date Imposed Withholding of Privileges Adverse Performance Evaluation (OERlNCOER/Academic Report) Relief for Cause (OER/NCOER) Mandatory Reassignmenl Transfer (such as rehabilitative) fAdverse Record Entry· Flag Denial of Reenlistment or Continued Service Withholding of Promotion Delay of Promotion Promotion Revocation Clearance Revocation Control Roster (downgrade of dearance, PRP reclassification) Resignation Retirement Retirement at lower Grade From: To: Transfer 10 Inactive Reserve 000041 OA Form 4833 (electronic format), March 2008 Page 3 of 6 ACLU DETAINEE DEATH 2 CID 1527 6. Administrative Actions (continued) Date Imposed Description Military Occupational SpeCialty Reclassification Debarment Duration: DDays DMonths Job Suspension Duration: Leave Without Pay Duration: DDays DDays D Months D Months o Years o Years o Years DDays DMonths DYears Job Termination loss of Warrant Voluntary Disclosure Restitution (to US Government) Restitution (to third party Non·US Govemment) Civil-Civil Action Initiation Amount: Amount: Other (return to states, etc.) Contract Suspension Duration: Contrad Termination Cost Adjustment Amount; Bid Rejection Amounl: Recoupment Denial of Continuation Other Contract Action 7. Details of Admlnlstrative Separation Date Imposed RegUlation Chapter • Characterization Effective Date Proceed to Commander's Remarks (BIOCk-1 0) if you chose Administrative Action 8. Non..JudiciallJudicial Sanctions Sanction Cate AdjUdged Fine Forfeiture Amount: Extra Duty Days: Restriction Correctional Custody Days: Confinement Duration: Amount: Days: Duration: Bad Conduct Discharge Effective Date: Dishonorable Discharge Reduction in Grade Effective Date: DDays DMonths DDays DDays OMonlhs Months DYears DUfa From: To: Probation DDays DMonths Duration: Duration: Special Assignment Totat Forfeiture (all pay/aUowance)Ouration : DOays o o Months o Years DYears DYears DUfe Death Civil Recovery Amount: Civil Award Amount: 000042 OA Form 4833 (electronic fonnat), March 2008 Page 4 of 6 ACLU DETAINEE DEATH 2 CID 1528 9. Suspended Sanctions Were Any Sanctions Suspended? If no sanctions were Suspended Sanction Suspended Sanction Information Date Suspended: Fine 0No DYes suspended, proceed to "Commander's Remarks" (Block-1 0) Suspension Duration: Suspended Portion US$: Suspension Conditions: Forieiture Date Suspended: Suspension Duration: Suspended Portion US$: Suspended Portion Time: Suspension Conditions: Date Suspended: Extra Duty Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Restriction Suspended Portion Time: Suspension Conditions: Date Suspended: Correctional Custody Confinement Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Date Suspended: Suspension Duration: Suspended Portion Time: Suspension Conditions: Reduction in Grade Dale Suspended: Suspension Conditions: Date Suspended: Probation Suspension Duration: Suspension Duration: Suspended Portion Time: Suspension Conditions: Dale Suspended: Special Assignment Total Forieiture Suspended Portion Time: Suspension Conditions: Date Suspended: Suspended Portion Time: Suspension Duration: Suspension Conditions: Date Suspended: Civil Recovery Suspension Durelion: Suspension Duration: Suspended Portion US$: Suspension Conditions: Date Suspended: Civil Award Suspension Duration: Suspended Portion US$: Suspension Conditions: 000043 DA Form 4833 (electronic format), March 2008 Page 5 of 6 ACLU DETAINEE DEATH 2 CID 1529 10. Commander's Remarks 0489-Z004-CJD056-76341 ~5H 1A USASCRC Number: Sanction: F52004111119 11. Commanding Officer Was a DNA sample collected from the offender? Name and Grade: DYes ONo , Signature: l$ignature Date; 11 f1912004 IAKO e-Mail Address: OA Fonn 4833 (electronic fonnat), March 2008 ACLU DETAINEE DEATH 2 CID 1530