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Missouri National Guard documents

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· MISSOURI NATIONAl!.. GUARD HEADQUARTERS, 203RD ENGINEER BATTALION 2000 W.

32NP STREET JOPLIN, MISSOURI, 64804

.

WXALAA MEMORANDUM FOR Commander. 203D EN BN, 2000 W. 32 Street, Joplin, MO, 64804 Findings and Recommendations
M

4 June 2011

SUBJECT: AR 15-6 Investigation

1. FINDINGS: After investigating the circumstances and located in Joplin. Missouri on 23May20.l1 involving SPC .. and SOT ..... I make the following findings preponderance ~ce:
B. !find Spa; 1ft made a poor decision in ethics not consistent with Army standards andknowingly took items from the Wal-Mart while conducting recovery operations on state emergency duty. This decision was based from his belieftbat the items taken would have been discarded by Wal-Mart due to the tornado On 22May2011.

b. ! find made a poor decision in ethics not consistent with Army standards and knowingly items ftom the while conducting recovery operations on state emergency duty. This decision was his belief the items taken would have been discarded by Wel·Marl; due to the tornado on 22May2011. decision was aided by the knowledge that SPC had already taken an. item from thestore, Para 3, for further background). .

t

U

took based SPC (See

c. I find SGT. made a poor decision in ethics not consistent with Army standards and knowingly took items frem the Wal-Mart while conducting recovery operations on state emergency duty. This decision was based from the itemstaken would have been discarded by Wal-Mart due to the tornado on 22May2011. with an individual at Wal-Mart who told him. the items were going to be thrown away. (See Para 3. background for further). d. 1 find SPc8a made a poor decision in ethics not consistent with Army standards and knowingly took items from the Wal-Mart while conducting recovery operations on state emergency duty. This decision was based from the items taken would have been discarded by to the tornado on 22May2011. SFC t&Icision was aided by the answer given to him from said it would be "ok" to take the items since the store would consider all items a loss and destroy them. e. All soldiers were given prior guidance by AlCDR SFC_prior to recovery operations that all soldiers were being sent to the incident to assist with recovery and not to take anything oilier fum essentials if they were offered by civilians. The brief was completed prior to movement on 23MA Y2011. (See oral witness testimony attached at B 1. . lea:delrsbiip in this Team and NCO support chain down to are competent and capable leaders. SPC and

II

1

SUBJECT:

WXALAA

AR 15-61nvestigation

Findings and Recommendations

2. RECOMMENDATIONS: 1 recommend the following actions be taken based on these findings. and other evidence cited in paragraph 3 below:
a. I reool;JlIDend Battalion Commander to be

I

be reduced in rank to PFC and receive a formal letter of reprimand frem the in his file until he transfers to another company.

b. I recommend be reduced in rank to PPC and receive a formal letter of reprimand from the Battalion Commander to be held in his file until he transfers to another company. c. I recommend spdllillbe reduced in rank: to PPC and receive a formal letter of reprimand from the Battalion Commander to be held in his file until he transfers to another company. d. I recommend SGT. i'bereduced in rank to SPC and receive a nonjudicial Article 15 with an administrative reprimand held in his permanent file. inappropriate
e. Further guidance from BN should be sent to the 117th regarding any Soldier who wishes to make a claim of action, that the claim be taken seriously and sent up the chain of command immediately.

spel'

n

3. BACKGR.OUND: a, spcM ::11. _and SGTIiD 23May2011 to conduct recovery operations. were sent with a team of 16 soldiers to Wal-Mart on

and SPC were working together in the same area at Wal~Mmt when had taken an item (see oral witness testimony attached at B3.

an item (see oral witness testimony attached at B5.
s()m~
do SPC 8Jmnfumed

SGT_

were working together in the same area at Wal-Mart when SGT_

told SPC

aswell. SOT.,

an itemwastake;PWGTa.and
advised SPC
mul~~!J'

asked if it were or would be "ok" that he take it would be ok (see oral witness testimony attached at 84.

e. Both theft events are other team (SGd .1 and items. 4. ISSUES and ANALYSIS: below,

exclusive as one team (SPC _ and had no affect on the Neither bad knowledge until later in the week that each had taken the

There are three issues surrounding this incident. Brief analysis of each is provided

A. Did all soldiers think the items were going to be destroyed at a later date? I find they did. (1) All soldiers saw bulldozers moving through the area removing items from the store floor and pushing them to a central location. No exceptions as to the type ofrnerchandise being moved was being given by the operator oftbe dozer. Therefore. all were lead to believe everything would be crushed or destroyed.

B. Did all soldiers knowingly take items without the intent to payor reimburse Wal-Mart in any way? I find they did.
(1)

i the only exception as he stated he went at a later time to try to find an employee to ask ifhe could purchase the items, but could not locate anyone (see oral witness testimony attached at .85.

2

WXALAA SUBmCT:AR. 15-6 Investigation

Findings and Recommendations
l:find they did.

C. Did all Soldiers think taking the items was ultimately wrong after the event occurred?

(1) All soldiers upon returning to the armory expressed regret over taking the items and cited many factors :in their decisiees to take what they did. (See oral witness testimonies attached at HZ thru BS.

5. POC is the undersigned at 417425-5990.

SENCLS L Annex: 2. Annex 3. Amlex 4. Annex:

A (Sworn Statements) B (Oral Testimony)

C (Evidence)
D (Appointment

Orders)

MATTHEW 1. BROWN CPT,EN INVESTIGATING OFFICER

3

MISSOURI NATIONAL GUARD RD HEADQUARTERS, 20a ENGINEER BATTALION 2000 W. 32N~ STREET JOPLIN. MISSOURI. 64804

4 June20H

MEMORANDUM

FOR RECORD of Oral Witness Testimony

SUBJECT:

Authentication

1. The umdersigned conducted a one-on-one interview with deployed soldier on state emergency dll1:y23 May 2011 when the incident of theft occurred. The interview was conducted at the Monett Armoxy on 4- June 2011 at about 0931. The purpose of this memorandum is to record statements based on notes taken by me during the interview, and authenticate them for use in any future investigations. 2. The following

statements were noted during the interview with SOT..,!'
SGT~

on 4 June 2011.

a. Prior to any quemoning, before signing and consenting to b. SG'l1III!It was assigned to look

was provided a rights waiver certificate and read his rights rights waiver attached at C3). for survivors after the tornado in Joplin on 23 May 2011 and sent to the Wal-MartTooated on Range Line Road. c. SOT" I .,said the search occurred the evening of 23 May 2011. d. SGT 12 I could not describe the exact location of the store he was in but thought it was close to the electronics section. said he saw some items laying on the floor and spoke with an individual at the store an employee. hslked the individual what would happen to the items on the floor and was told they
took a Nintendo 3D8; 2 XBOX video games and 1 headset which he fO\llnd laying on

IIIIJI, was
j.

asked by SPCI1!Ii if it would be ok to take an item and stated it would be s were to be anyway. was called by n 31 May 2011and told he was implicated by others to be
bring the

involved in the theft from Wal-Mmt. k. SOO'" advised SOTln i"to

admitted to SSG" he had taken a Nintc:m.do DS. item with him when he returned fOJ[' drill on 4 June

201L 1. SOT Annory on 4 June 2011 and turned in two video games, but did not include about the Nmtendo who ultimately turned in the system. ' m. Upon inspectioo, it was determined the Nintendo DS and the video games were all used and were not new which was not consistent with being taken recently. D. ultimately admitted to switching out the video games for used ones, citing be was "not thinking cle~

SOT_

1

WXALAA SUBJECT:

Authentication

of Oral Witness Testimony

ultimately admitted to providing a used Nintendo DS because he had given the new was embarrassed to ask for it back. . p, was advised to leave the armory and collect the Nintendo from his son and return to the Joplin armory with the Nintendo on 5 June 2011, which he did. The Nintendo 3D8, 2 XBOX video games and 1 headset was turned into BN supply sergeant, SOT who signed a band receipt confirming the items turned in to him (see DA form. 2062 attached one to his r, Sworn statement attached at AS. 3. The above statements were communicated to me verbally by SGT_ June 2011. at the Monett Armory. during the interview on 4 Officer), at

andC1).

4. The poe for this memorandum is CPT Matt Brown, 203D EN EN AlS3 (Investigating 411-425-5990.

MATTHEW .J BROWN CPT, EN 203D EN BN AlS3

2

MISSOllBRI NATIONAL GW\RD HEADQUARTERS, 203RD ENGINEER BATTALION 2000 W. 32NO STREET JOPLIN, MISSOURI, 64804

WXALAA
MEMORANDUM FOR-RECORD of Oral Witness Testimony

4 Jame2011

SUBJECT: Authentication

1. The undersigned conducted a one-on-one interview with deployed soldier on state emergency duty 23 May 2011 when the incident of theft occurred. The was conducted at Camp Crowder Training Site on 3 June 2011 at about 1430. The purpose of this memorandum is to record statements based on notes taken by me during the interview, and authenticate them for use in any future investigations. 2. The following statements were noted during the interview with
a. Prior to any questioning, and consenting to speak (see

SP.

on 3 June 2011.

b. SP<:tlawas assignedto Mart located on lRange Line Road.

for survivors after the tornado in Joplin on 23 May 2011 and sent to the Wal-

was provided a rights waiver certificate and read his rights before signing waiver attached at C3).

e search occurred the evening of23 May 2011.

not describe the exact location of the store he was in, but said he talked to who bad taken some items. be asked SOT _ ifit would be "ok" to take an item and was told that it would 00 as the found a Nintendo DB on the ground and put it in his pocket. was described as pink in color. be was told in a meeting held by SSG"on. 31 May 2011 items had been taken and Nintendo. i. in. the Nintendo to SSG Pruitt on 1 June 2011. j. The DS was turned into BN supply sergeant, SGT& Ilwho signed a hand receipt: confirming the. item turned into him (see DA form. 2062 attached at CS). k, Sworn statement attached at A4.
__ laid he

anyway.

3. The above statements were communicated to me verbally by SP~ CRTS.· .
5990.

during the interview on 3 June 2011, at

4. The POC for this memorandum is CPT Matt Brown, 203D EN BN A/S3 (Investigating Officer), at 417425-

MATTHEW J BROWN
CPT,EN

203D EN BN AlS3

1

1I1HSSOURi NATIONAl!.. GUARD HEADQUARTERS, 203RD ENGINEER BATTALION 2000 W. 32ND STREET JOPLIN, MISSOURI. 64804

WXALAA

4 June 2011

MffiMORANDUMFORRECORD
SUBJECT: Authentication

of Oral Witness Testimony

1. The undersigned conducted a one-on-one interview with SPC '. deployed soldier on state emergency duty 23 May 2011 when the incident of theft occurred. The interview was conducted at Camp Crowder Training Site on 3 June 2011 at about 1350. The purpose ofthls memorandum is to record statements based on notes taken by me during the interview, and authenticate them for use in any future investigations. 2. The folloWJing statements were noted during the interview with SPC.
ill.

II00 3 June

20 II.

Prior to any questioning, SPlJR.

signing and b. WaI-Mart c.

d.
e. f.

ill rights waiver certificate and read his rights before to speak (see waiver attached at C2). ' assigned to look for after the tornado in Joplin on 23 May 2011 and sent to the Range Line Road. said he found a blue Nintendo DS XL on the floor ufibe store which he put in his pocket. said be told SPCe he had the Nintendo DS and affirmed it would probably be ok to

II

believed the items in the Wal-Mart were going to be destroyed. he did not take any other items from Wal-Mart. said he was told in a meeting held by SSO_, on 31 May 2011 items had been taken and Nintendo. in the Nintendo to sse MJon 1 June 2011. i. 'The was turnedintoBN supply sergeant, SGT. R)who signed a hand receipt oonfuming the item turned into him (see DA form 2062 attached at C5). j. Sworn statement attached at A3.

I

3. The above statements were communicated to me verbally by SPC~J• •

atCRTS. 5990.

I during ••

the interview on 3 June 2011,

4. The POC for this memorandum

is CPT Matt Brown, 203D EN BN AiS3 (Investigating Officer), at 417425-

MATTHEW J BROWN
CPT,EN

203D EN BN A/S3

1

MISSOURI NATIONAL GUARD HEADQUARTERS, 203RD ENGINEER BATTALION 2000 W. 32ND STREET JOPLIN, MISSOURI, 64804

WXALAA MEMORANDUM
SUBJECT:

4

June

2011

FOR RECORD

Authentication of Oral Witness Testimony

1. The undersigned conducted a one-oa-one interview with SPC deployed soldier on state emergency duty 23 May 2011 when the incident of theft occurred. The was conducted at Camp Crowder Training Site on 3 June 2011 at about 1301), The purpose offhis memorandum is to record statements based on notes taken by me during the interview, and authenticate them for use in any future investigations. 2. The following statements were noted during the interview with SPCW.lltlT' on 3 June 20ll. a, Prior to any questioning, provided a rights waiver certificate and read his rights before signing and consenting to speak (see rights waiver attached at Cl). b. SPC assigned to look for survivors after the tornado in Joplin on 23 May 2011 and sent to the Wal-Mart .Range Line Road. c. spe could not remember the exact day as he had been up for approximately 30 hours straight. d. in the electronics section and. found a digital camera on the ground, which he took. e. SPC described the camera as a "point and shoot, basic camera". f. The camera was turned into BN supply sergeant, SOT who signed a hand receipt Confirming the item turned into him (see DA form 2062 attached at CS). g. SPC he did not take any other items from Wal-Mart. h. said he was told in a meeting held by on 31May2011 items had been taken and admitted to camera. I, SP turned in the Nintendo to SSG.on o lJame2011. j. Sworn statement attached at A2 3. The above statements were communicated to me verbally by CRTS. 4. The 5990. during the interview on 03June20 11. at

poe for

this memorandum IS CPT Matt Brown. 203D EN BN A/S3 (Investigating Officer), at 417425-

MATTHEW J BROWN

CPT. EN 203D EN BN A/S3

1

MISSOURI NATIONAl GUARD HEADQUARTERS. 20aRD ENGINEER BATTALION 2000 W. 32ND STREET JOPLIN. MISSOURi, 64804

WXALAA
MEMORANDUM SUBJECT:· FOR RECORD of Oral Witness Testimony

4JWle2011

Authentication

1. The undersigned conducted a one-on-one interview with SSG deployed soldier on state emergency duty 23 May 2011 when the incident of theft occurred. The interview was conducted at the Camp Crowder Training Site at approximately 1200. The purpose of this memorandum is to record statements based on notes taken by me during the interview, and authenticate them for use in any future investigations. 2. The following statements werenoted during the interview with SSG. a. on 3 June 2011.

b.
c.

was contacted by CSMl about the incident of theft and asked to investigate. called a team meeting on 31 May 2011 to advise of the allegation of theft. immediately was told by SPC~ SPCIl_IIlII_

51

items during the meeting. d. SSG" advised all parties to place the items in his vehicle for safekeeping, which ultimately
occurred. S§l4tJ1l.lcalled and spoke with SOT_who admitted to taking a Nintendo DS.

Nintendo DS agreed to bring him the Nintendo DS. g. SSG.' . [said it was apparent the Nintendo was not new, nor were the games given to him. The headphones appeared to be new. h. Sworn statement attached at A7
3. The above statements were communicated to me verbally by

bring the item with him to drill on 4 June 2011. on 4 June 20ll? SGTTRiJ turned in 2 video games to him but did not include the he initially admitted to taking, said he confronted SGT' .. who

20n, atCRTS. 4. The POC for this memorandum is CPT Matt Brown, 203D EN BN AlS3 (Investigating Officer), at
417-425~5990.

MATIHEW J. BROWN CPT. EN 203D EN BN A1S3

1

BlIUSSOURI NATIONAL GUARD RD HEADQUARTERS, 20a ENGINEER BATTALION ND 2000 W. 32 STREET JOPLIN, MISSOURI, 64804

WXALAA

4 June 2011

MEMORANDUM FOR RECORD
SUBJECT: Authentication of Oral Witness Testimony

conducted a one-on-one interview with SFC ., AlCDR 117th Team at;the Camp Crowder Training Facility on 3 Jwe2011 at approximately 0850. The purpose ofthls memorandum is to record statements based on notes taken by me during the interview, and authenticate them for use in any future investigations. 1. The undersigned 2. The following statements were noted during the interview with SFC _on 3 June 2011.

_andSP

a. SFC teams of rescuers to Joplin in support of rescue operations on the evening of 22 May 2011 and 23 May 2011. . h. SFC _briefed his teams prior to initial departure they were there to help and not steal or take any items not offered to them by recovery workers. . c. heard of the incident of theft from 2S June 2011. d. SF SSG~to investigate and call the teams together to conduct an initial question and answer period. e. told by SSG_three Soldiers initially admitted to the theft, SPC f. Sworn statement attached at AI.

3. The above statements were communicated to me verbally by June 2011, at CRTS. 4. The poe for this memorandum is CPT Matt Brown, 203D EN BN AJS3 (Investigating Officer), at 417-425-5990.

MATTHEW J. BROWN
CPT,EN 203D EN EN AJS3

1

MISSOURI NAnONAl
RD

GUARD

HEADQUARTERS, 203 ENGINEER BATTALION 2000 W. 32ND STREET JOPLIN, MISSOURI, 64804

WXAI.,AA

4 June 2011

MEMORANDUM FOR RECORD SUBJECT: Authentication of Oral Witness Testimony 1. The undersigned conducted a one-on-one interview with deployed soldier on emergency duty 23 ,May 2011 when the incident of theft occurred. The interview was conducted over the phone 00 3 June 2011 at approximately 0840. The purpose ofthis memorandum is to record smtements. based on notes taken by me during the interview, and authenticate them for use in any future investigations.

state

2. The following statements were noted during the interview with
:atl-.1VAI:I1£1

3 June 2011.

was assigned to look for survivors after the tornado in Joplin on 23 May 2011 and located on Range Line Road was assigned to a search team but could not remember which team she was in "~l ....... during the search. ,,,·· said she eventually came across the team of SOT' _ and SPC~who Were .... " ,."rnn and saw. " ... place an item in his pocket. she overheard SPC'_ ask SO'I 4 3 if it would be ok to take the item and heard it would be because it would be destroyed. e. . said she told 801_ and SP~ that was wrong and was told that Wal-Mart was giving things a.wayanywa.y. It was later confirmed Wal-Mart was handing out numerous supplies to rescuers as sustainment to include water and food. f. SPC II said she did not see SPC IE jor SPC'~Ia •• g. SPC • • said she spoke with her ex father-in-law,SOTi. jwho works for the 3SthEN BDE about the incident because she was frustrated no-one would listen to her. h. Sworn statement attached at A6 3. The above statements were communicated to me verbally by SPC June 2011; over the phone.

In

» during the interview on 3

4. The poe for this memorandum is CPT Matt Brown, 203D EN BN A/S3 (Investigating Officer), at 417-425-5990.

MATI'HEW J BROWN CPT,EN 203D EN BN A/S3

1

MISSOURI NATIONAL GUARD RD HEADQUARTERS, 203 ENGINEER BATTALION 2000 W. 32ND STREET JOPLIN, MISSOURI, 64804

WXALAA MEMORANDUM SUBJECT: FOR RECORD

4 June 2011

Authentication

of Oral Witness Testimony

1. The undersigned conducted a one-on-one interview with SOT. • 35th EN BDB over the phone •• IOn 3 June 2011 at approximately 1030. The interview was conducted at Camp Crowder Training Site and the purpose of this memorandum is to record statements based on notes taken by me during the interview. and authenticate them for use in any future investigations.

2. The following statements were noted during the interview with SG~on

3 June 2011.

3. SOT" told me he was on the phone with his ex daughter-in-law SPC on 2S May 2011 and was ask;d'his advice on what to do about the soldiers involved in the alles at Waf Mart. b. advised speIR Dt of the Army Values and to remember her chain of command and

routed back:to

c.

203D EN BM.

with CSM_at

the 35th EN BDE and reported the incident to him which was

d. Sworn statement attached at AS 3. The above statements were communicated to me verbally by 2011, at CRTS.
417-425-5990.

during the interview on 3 June
at

4.. The poe for this memorandum is CPT Matt Brown. 203D EN BN AlS) (Investigating Officer),

MATIHEW J BROWN
CPT,EN

203D EN BN A/S3

1

MISSOURI NATIONAL GUARD HEADQUARTERS, 20SRO ENGINEER BATTALION

2000 W. 32ND STREET

JOPLIN, MISSOURI,

64804

WXALAA
MEMORANDUM SUBJECT: FOR RECORD Value of Items

·5 June2011

Approximate

1. The purpose oftms memorandum is to provide a financial record of items stolen and their approximate value. This memorandum will shew who took the item and the dollar amount associated with that item.

c.

took a Nintendo 3DS valued at approximately $269.00 retail. a XBOX game (Star Wars Force Unleashed U) valued at $32.00 retail, a XBOX game (Call of Duty; Black Ops) valued at $53.00 retail and a headset with an undetermined amount due to no identification. Total value of all items is $354.00. . took a Kodak Easy Share camera valued at approximately $115.00 retail.

d.

2. The POC for this memorandum is CPT Matt Brown, 203D EN BN AlS3 (Investigating Officer), at

417425-5990.

MATTHEW J. BROWN

CPT, EN
203D EN BN AlS3

1

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