Document Page: First | Prev | Next | All | Image | This Release | Search

File: 980715_may96_sagwi1_0005.txt
Page: 0005
Total Pages: 61

Subject = COLLATERAL INVESTIGATION   22 DEC 90                            

Box ID = BX001415

Folder title = COLLATERAL INVESTIGATION 2                                                                      

Unit = 24TH ID     

Parent = XVIII CORPS 




      Exhibits (Para 3-16, AR 15-6)                                                                                                    Yk;d NOL4NIAFJ
      a. Areallitemsoffered(wheMerornorreceiued)orcondderedasevidenceindividu&Uyni,mberedorletteredas
      exhibits and attached to this report?                                                                                              x
      b. la = index of all exhibits offered to or considered by investigating officer or board attached before the fimt exhibit?         x
      c. Hu the testimony/statement of each witness been recorded verbatim or been reduced to written form and attached as               x
      an exhibit?
      Z-70i--copies@escz@iptioas, or depictions    subs tute forre ordocumentaryevidence)properlyauthenticatedandis
      t'nA lnf;tti6n Of the orioinal evidence in                                                                                       - I           x
      e. Are descriptions or diagrams included of locations visited by the investigating officer or board (para 8-6b. AR 16-6)?          x
      fIs each written stipulation attached as in exhibit and is each oral stipulation either reduced to writing and made ask
      exhibit or recorded in a verbatim record?                                                                                                      x
      gIf official notice of any matter was taken over the objection of a respondent or counse4 is a statement of the matter
      of which official notice was taken attached as an exhibit (pam 8.16d, AR 16-6)?                                                                x
3 Was a quortim present when the board voted on findings and recommendations (pams 4-1 and 6-2b. AR 16-6)1                                           x
i. COWLETE ONLY FOR FORMAL BOARD PROCEEDMGS (Chapter 6, AR 15-6)                                                             -MM
      *the WtWsesdo7n@-(Ed tba-reoorderreadct detamimtbat&U p"cipants-had readtheletterotappointment Owa 6.8bAR 16-6)1
i     Was a quorum present at every session of the board (para 6-2b, AR 15-6)?
;     Was each absence of any member properly excused (para 6-2a. AR 1")?
I     Were memberi% witnesses, reporter, and interpreter sworn, if required (para 3-1, AR 16-6)?
      Ifanymembenwhovotedonrmdingsorrecommendationswerenotpremutwhentheboardreoeiwdsomeevidence,
      does the enclosure describe how they familiarized themselves with that evidence (para 5-2d, AR 16-6)?
      COMPLTE ONLY rF A RESPONDENT WAS DESIGNATED (Section 11, <2tapter 5, AR 16-6)
      Notice to respondent& (para 6-6, AR 16-6):
      a. Is the method and date of delivery to the respondent indicated on each letter of notification?
      b. Was the date of delivery at least rive working days prior to the r=t session of the board?
      aDoes ea& letter of notification indicate -
      (1)   the date, hour, and place of the fimt 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 recorder?
      (5)   the respondmt's rights to be present, present evidence, and call witnesm?
      d Was the respondent provided a copy of all unclassified documents in the case file?
      e. If there were relevant cbs4fied matmials, wm the respondent end his counsel given acorn and aa opporhuiity to exmnim thant
LO If any respondent was desigazted after the proceedings began (or otherwise was absent during part of the proceedings):
      a W" he properly notified (pam 5-5, AR 15-6)?
      b. Wasreoordctpwomcfiwandevklenmreodgedinbisabswcenimbawlablefore=*iadmbybimendhiscounsdo"a$d@@16-0?
u Counsel (para 6-6, AR 16-6):
      aWas each respondent represented by counsel?
      Name and business add@ of counsel:


      (If counsel is a lawyer. c@teck Ore 0,)
      b. Was respondent's counsel present at all open sessions of the board relating to that respondent?
      aIf military counsel was requested but not made available, Is a copy (or, if ora4 a summary) of the request and the
      action taken on it included in the report (pam 6-6b, AR 16-6)1
L2 If the respondent challenged the legal advisor or any voting member for lack of impartiality (para 5-7, AR 15-6):
      a Was the challenge properly denied and by the appropriate officer?
      b. Did each member succes"y challenged cem to pudcipate in the proceedings?
13 Was the respondent given an opportunity to (para 5-8a, AR 15-6):                                                                     OEM
      cL Bepresent with his counsd at all open se&sionsof the board which deal with any matter whichoonozms that respondem?
      b. Examine and object to the introduction of real and documentary evidence, including written statements?
      e- Object to the testimony of witnesses and cross-examine witnesses other than his own?
      dCall witnesses and otherwise introduce evidence?
      e. Testify as a witness?
      f. Make or have his counsel make a final statement or argument (pum 5-9, AR 16-6)?
14 If requested, did the recorder angint the respondent in obtaining evidence in possession of the Government and in
      arranging for the presence of witnesses (para 5-8b, AR 16-6)?        -    1. -       I --, -
15 Are all of the respondents requests and objections which were denied indicated in the report of proceedings or In an
      inclose or exhibit to it (para 6-1 1, AR 16-6)?
F'OOTNOTES: up ntall n*E@ttW            wm on an attached sheet
                         h.,V,          constitutes a Residue representation that the cimumtan@s described In the question did not "cur In this
                   @.90 t,..     b
,se 2 of 4 pages. DA ?am 15 74.4((W 418
                                                                                                    0



      Exhibits (Para 3-16, AR 15-6)                                                                                                    Yk;d NOL4NIAFJ
      a. Areallitemsoffered(wheMerornorreceiued)orcondderedasevidenceindividu&Uyni,mberedorletteredas
      exhibits and attached to this report?                                                                                              x
      b. la = index of all exhibits offered to or considered by investigating officer or board attached before the fimt exhibit?         x
      c. Hu the testimony/statement of each witness been recorded verbatim or been reduced to written form and attached as               x
      an exhibit?
      Z-70i--copies@escz@iptioas, or depictions    subs tute forre ordocumentaryevidence)properlyauthenticatedandis
      t'nA lnf;tti6n Of the orioinal evidence in                                                                                       - I           x
      e. Are descriptions or diagrams included of locations visited by the investigating officer or board (para 8-6b. AR 16-6)?          x
      fIs each written stipulation attached as in exhibit and is each oral stipulation either reduced to writing and made ask
      exhibit or recorded in a verbatim record?                                                                                                      x
      gIf official notice of any matter was taken over the objection of a respondent or counse4 is a statement of the matter
      of which official notice was taken attached as an exhibit (pam 8.16d, AR 16-6)?                                                                x
3 Was a quortim present when the board voted on findings and recommendations (pams 4-1 and 6-2b. AR 16-6)1                                           x
i. COWLETE ONLY FOR FORMAL BOARD PROCEEDMGS (Chapter 6, AR 15-6)                                                             -MM
      *the WtWsesdo7n@-(Ed tba-reoorderreadct detamimtbat&U p"cipants-had readtheletterotappointment Owa 6.8bAR 16-6)1
i     Was a quorum present at every session of the board (para 6-2b, AR 15-6)?
;     Was each absence of any member properly excused (para 6-2a. AR 1")?
I     Were memberi% witnesses, reporter, and interpreter sworn, if required (para 3-1, AR 16-6)?
      Ifanymembenwhovotedonrmdingsorrecommendationswerenotpremutwhentheboardreoeiwdsomeevidence,
      does the enclosure describe how they familiarized themselves with that evidence (para 5-2d, AR 16-6)?
      COMPLTE ONLY rF A RESPONDENT WAS DESIGNATED (Section 11, <2tapter 5, AR 16-6)
      Notice to respondent& (para 6-6, AR 16-6):
      a. Is the method and date of delivery to the respondent indicated on each letter of notification?
      b. Was the date of delivery at least rive working days prior to the r=t session of the board?
      aDoes ea& letter of notification indicate -
      (1)   the date, hour, and place of the fimt 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 recorder?
      (5)   the respondmt's rights to be present, present evidence, and call witnesm?
      d Was the respondent provided a copy of all unclassified documents in the case file?
      e. If there were relevant cbs4fied matmials, wm the respondent end his counsel given acorn and aa opporhuiity to exmnim thant
LO If any respondent was desigazted after the proceedings began (or otherwise was absent during part of the proceedings):
      a W" he properly notified (pam 5-5, AR 15-6)?
      b. Wasreoordctpwomcfiwandevklenmreodgedinbisabswcenimbawlablefore=*iadmbybimendhiscounsdo"a$d@@16-0?
u Counsel (para 6-6, AR 16-6):
      aWas each respondent represented by counsel?
      Name and business add@ of counsel:


      (If counsel is a lawyer. c@teck Ore 0,)
      b. Was respondent's counsel present at all open sessions of the board relating to that respondent?
      aIf military counsel was requested but not made available, Is a copy (or, if ora4 a summary) of the request and the
      action taken on it included in the report (pam 6-6b, AR 16-6)1
L2 If the respondent challenged the legal advisor or any voting member for lack of impartiality (para 5-7, AR 15-6):
      a Was the challenge properly denied and by the appropriate officer?
      b. Did each member succes"y challenged cem to pudcipate in the proceedings?
13 Was the respondent given an opportunity to (para 5-8a, AR 15-6):                                                                     OEM
      cL Bepresent with his counsd at all open se&sionsof the board which deal with any matter whichoonozms that respondem?
      b. Examine and object to the introduction of real and documentary evidence, including written statements?
      e- Object to the testimony of witnesses and cross-examine witnesses other than his own?
      dCall witnesses and otherwise introduce evidence?
      e. Testify as a witness?
      f. Make or have his counsel make a final statement or argument (pum 5-9, AR 16-6)?
14 If requested, did the recorder angint the respondent in obtaining evidence in possession of the Government and in
      arranging for the presence of witnesses (para 5-8b, AR 16-6)?        -    1. -       I --, -
15 Are all of the respondents requests and objections which were denied indicated in the report of proceedings or In an
      inclose or exhibit to it (para 6-1 1, AR 16-6)?
F'OOTNOTES: up ntall n*E@ttW            wm on an attached sheet
                         h.,V,          constitutes a Residue representation that the cimumtan@s described In the question did not "cur In this
                   @.90 t,..     b
,se 2 of 4 pages. DA ?am 15 74.4((W 418
                                                                                                    0

Document Page: First | Prev | Next | All | Image | This Release | Search