DEPARTMENT OF THE ARMY THIRD ARMY UNITED STATES ARMY CENTRAL, 1881 HARDEE AVE SW. FORT MCPHERSON, GA 30330-1064 AFRD-G1 22 February 2007 MEMORANDUM FOR LTC Robert M. Cassidy, Commander, Special Troops Battalion, Third Army, United States Army Central, Fort McPherson GA 30330-1064 ‘SUBJECT: Report of AR 15-6 Investigation 1. GENERAL: On 7 February, 2007, | was appointed to conduct a commander's inquiry into the circumstances regarding an alleged fratemnization, adultery, and misuse of government resources by MSG Appointment Order located at (TAB A). The objectives of this investigation are as follow: A. Did MSG and CPT r improperly commit adultery in violation of the Manual for Courts Martial, Article 134? B. Did MSG and CPT ° improperly commit fraternization, in violation or ari 600-20 (Army Command Policy), paragraph 4- 14? C. Did MSG | properly use Federal Government resources (us.army.mil, earmyu.com, unit cet! pnone) to send pornographic photos, emails and phone conversations, in violation of Department of Defense Directive 5500.7R, paragraph 2-301? 2. FINDINGS. After carefully reviewing the evidence and interviewing all possible parties | submit the following findings as they relate to the objectives of this investigation. Objective A: Did MSG commit adultery with CPT” A, MSG {OPT are indeed having and/or had an adulterous type relationship briefly during and after their tour of duty as the Commander and First Sergeant of , 4 ' * The evidence of this relationship 1s detailed in the emails located at IAB K tnru 1AB V. 1. On 28 July, 2006, CPT sent a email to MSG expressing her thoughts about their relationship with some sense of regret for allowing herself to get involved with a married man, CPT” also expressed some conceins about how MSG wife would feel if their aftair were ever discovered. Also in the email CPT, states “| want you everyday all day to be with me and love me but my morals begin to kick in and | know this is wrong and | know | have to stop it for theSUBJECT: Report of AR 15-6 Investigation reason that it is not right but my heart hurts every time I think about ending things with us.” (Tab K) 2. On 12 July, 2006 MSG sent CPT an email where they were discussing a rendezvous they had in the back seat of a truck where they engage in oral sex. (Tab L) 3. On 28 August, 2006 MSG sent an email to CPT discussing their sexual encounter where she allowed him to penetrate her very briefly. The email also includes more discussion about their previous oral sex encounter as noted above in Tab L. (Tab N) Objective B: Did MSG vand CPT, * improperly commit fraternization? B.MSG and CPT " improperly committed fraterization. | could not determine from the evidence whether this fraternization occurred during their tour of duty as Commander and First Sergeant, The evidence presented in the email traffic at Tab K thru Tab V provides proof of fraternization committed. 1. On 6 September, 2006 MSG . sent a email to CPT responding to her email where she states “I was still in the you are my 1SG and | am your Commander mind set and it was absolutely unprofessional to engage in such acts with each other’, and MSG responded with “I put that 1SG and Commander thing out of my head” The emails provides proof that CPT and MSG « knowingly improperly committed fraternization in violation of AR 600-20 (Army Command Policy), paragraph 4-14, (Tab M) 2. The evidence found in Tab K thru V as well as the 200 plus emails on the enclosed CD provides proof that MSG . and CPT committed fraternization. Objective C: Did MSG. improperly use Federal Government resources to send pornographic photos? C. | found no evidence that proves MSG used a government computer system to send the nude photo of his genitals. This photo appears to have been sent from his Hotmail account from his persona! computer on Saturday, 2 December, 2006. (Tab G and Tab P) | could not determine if the photo was sent from a government computer or a personal computer, 3. ADDITIONAL FINDINGS A. During the scope of my investigation | discovered that MSG and CPT violated Manual for Courts Martial, Article 107 in that they both submitted falseSUBJECT: Report of AR 15-6 Investigation statements. They were also in violation of Manual for Courts Martial, Article 125 sodomy. 1, On 16 February, 2007 MSG stated that he was not having a unprofessional relationship with CPT to include stating that he did not have sexual intercourse with CPT MSG orovided documents and made statements know to him to be false.(Tab E thru Tab G) CPT also stated in my phone interview with her that she did not have sexual intercourse with MSG . (Tab |) 2. On 22 August, 2006 MSG ent an email to CPT Jiscussing their oral sex encounter. The email provides proof that MSG and CPT engage in unnatural carnal copulation with each other, a direct violation of Manual for Courts Martial, Article 125, (Tab N) 4, Evidence in this investigation were provided by Major Major obtained the emails by installing software on CPT 5 laptop computer. The software allowed him to monitor OPT + “s email traffic with MSG (Tab C) The evidence present in the email traffic, Tab K thru Tab V provides proof that MSG and CPT | mproperly committed adultery, fratemization, sodomy and willfully disobeyed Army Command Policy. 5, RECOMMENDATIONS: A. | recommend that MSG ~ receive a General Officer letter reprimand and any other judicial punishment under UCMJ or administrative action as deemed appropriate by the appointing authority. B. | recommend that CPT *s chain of command be notified of her actions in improperly committing adultery, sodomy, and fraternization with MSG in violation of Manual for Courts Martial and AR 600-20, Army Command Policy, during her tour of duty as the “ Commander. C. | further recommend that the battalion conduct refresher training for all assigned personnel on fratemization in accordance with AR 600-20, Army Command Policy, and ensure all policy letters referring to any command policy are available to assigned personnel for easy viewing. D. | recommend that the STB Commander maintain the CD provided by Major as evidence for any future proceedingsSUBJECT: Report of AR 15-6 Investigation MAJ, GS Investigating Officer TABS A Appointment Orders B IG Memorandum, Subject: Referral of Allegations C Major Statement D Major Rights Waming Certificate E MSG** Statement F MSG Second Statement G MSG Third Statement H MSG Rights Warning Certificate | CPTI interview responses to Questions asked J Majo- nterview responses to Questions asked K Email traffic between MSG and CPT L_ Email traffic between MSG and CPT! M Email traffic between MSG. and CPT | N Email traffic between MSG and CPT © Email traffic between MSG and CPT P Email traffic between MSG yand CPT - (Nude photo) Q Email tratfic between MSG and CPT R Email traffic between MSG and CPT S-V_ Email traffic between MSG... andCPT W Investigating Officer Entry Log X Abstract from Manual for Courts Martial, Article 134 Y Abstract from AR 600-20 Z Abstract from DOD Directive 5500.7R. AA CPT. ORB BB MSG’ ERB Note: CD of over 200 plus emails between CPT and MSG. is enclosed as evidence to the fact of their Fraternization and Adultery relationship, to include evidence of sodomy.