r--co - american civil liberties union...tf band ofbrothers claims intake form to: united stat from:...

~

~ ~r--co

IcX:lex:-

I

~

-

CENTCOM 005061

: .......;.,,,CENTCOM 005062

Pages 3 through 4 redacted for thefollowing reasons:- - - - - - - - - - - - - - - - - - - - - - - - - -- -Foreign Language, (b)(6)

),iQ.h\C k d ;.d~sbp-1

I Ie~ -A-e.nJ /W @I Ve d{S-/ ~ll;tJ dr,"Je-L

~J..'---\J~~"------=-----

CENTCOM 005065

(b)(2)High

Pages 6 through 7 redacted for the following reasons:- - - - - - - - - - - - - - - - - - - - - - - - - - - -(b)(6)Foreign Language, (b)(6)

DEPARTMENT OF THE ARMYHEADQUARTERS, 3RD BRIGADE COMBAT TEAMOPERATION IRAQI FREEDOM, COB SPEICHER

TIKRIT, IRAQ APO AE 09393

AFZP-VA-HQ

MEMORANDUM FOR RECORD

18 February 2006

SUBJECT: Commander's Emergency Response Program payment to (Claim Number 06-IR8-274)

I. On 16 June 2005, husband was killed by CFata flash checkpoint, when hecame around a curve in the road and could not stop his vehicle in time.

2. 1certify that CERP funds are available to pay in the amount of $2500.00. Thisis a condolence payment.

3. The request to pay in the amount of $2500.00 from CERP has beenlegally reviewed. The yment and it is accordingly approved.

˰⼂ CPT, ENProject Purchasing Officer

CENTCOM 005068

(b)(6)

(b)(6)

(b)(6)

(b)(6)

(b)(3),(b)(6)

= •

DEPARTMENT OF THE ARMYOFFICE OF THE STAFF JUDGE ADVOCATE

HEADQUARTERS, 101ST AIRBORNE DIVISION (AIR ASSAULnOPERATION IRAQI FREEDOM, COB SPEICHER

TIKRIT, IRAQ APO AE 09393

AFZB-JA-C

MEMORANDUM OF OPINION

SUBJECT: Claim of 06-IR8-274

1. Identifying Data:

15 February 2006

2. Date and place the incident occurred giving rise to the claim: The claim occurred on 16 June 2005in Balad, Iraq.

3. Amount of claim and date it was filed: Claimant filed a claim for $2,500 on 14 Feb. 2006.

4. Jurisdiction: This request is presented for consideration under the provisions of the Foreign ClaimsAct, 10 USC Section 2734, as implemented by Chapter 10, Army Regulation 27-20. This claim wasproperly filed in a timely manner.

5. Facts: The Claimant alleges that her husband, was killed by CF near a trafficcontrol point near the Yethrib police station. The traffic control point was allegedly located on a curve inthe road, which did not allow sufficient room for the deceased to stop. The deceased has ten children. ASIGACTS investigation revealed that TF 100-442 established a flash TCP in the area of the accident.Soldiers waved at a dark sedan approaching the CP, but the vehicle did not stop. A warning shot wasfired but the vehicle did not stop. The TCP fired at the driver which killed him and caused the vehicle toroll. In support of the claim, the Claimant has produced a court certified death certificate, witnessstatement, claimant's statement.

6. Opinion: "Under AR 27-20, paragraph 10-3, Claims arising "directly or indirectly" from combatactivities of the U.S. Armed Forces are not payable. AR 27-20 defines combat activities as, "Activitiesresulting directly or indirectly from action by the enemy, or by the U.S. Armed Forces engaged in armedconflict; or in immediate preparation for impending armed conflict." Here, the deceased was killedduring an escalation of force when the vehicle did not comply with the instructions from the TCP. Theescalation of force constitutes a combat activity because the soldiers were responding to a perceivedthreat.

7. Recommendation: The claim

CENTCOM 005069

(b)(6)

(b)(6)

(b)(6)

(b)(3),(b)(6)

... ".' ;.; .......

TF Band of Brothers Claims Intake Form

To: United Stat

From: Name::ϐ氅䁉ڐ㨇Ӏ⸂쀮Ҡ昂၇ܠ洆倧䰂큟װ异ˀ㬆怫t£~'h.----------PO TՀ㨂퀬ːⴄ週ɰ夂ˠ䀮ːⴂ퀭ːⰄၻ䨃ꀩˠ縂瀭ːːˠҠπߠߠːːːːːːːː

ower _

Deceden Hometown: 1Iraqi Resident: _

Month

~ - ,Ye161li0(Town) . (City)

- eo! 2 s: I z.,:y $ c==Day I Year

N/lfI

Proof ofOwnership: ----''--'',{-LL- _

YIN Match:---Interpreter Approved: _

Death Certilicates (Name, Cause of Death, A&e, and Time of Death Consistent with Claimant

~lIegatlOnS): OIl.'5j:L~ ~b~ G,p., d S'c-e/lJ ,

I Interpreter Approved: ---r .__~

Medical RcportfLegal Expert Opinion:_---'-----',f-7-~'-----------------i Interpreter Approved: -r-r--r- -rr-r-r-rr-r-rr-r-rr--r-:

/V),&v5~ - ,sfA.'"! a;;;;c:::;<' ;Jul-~ 5e'-<'Witness Statement (Consistent?): l!/ r : ~i Interpreter Approved: _

Give a brief statement of the accident or incident on which the claim for damages to property or forpersonal injury is based. (Use back of this sheet if necessary.).,J,JeWL 1W h\lnrl!\c pJ1"t. e sWUJ;)iL:--':::- _

P0!1+,

CENTCOM 005070

(b)(6)

(b)(5), (b)(6)

(b)(6)

List in detail the amount of property damage and itemized expenses resulting from the propertydamage or personal injury: (Attach bills and receipts, if applicable.)

Item Ii~ Am9:fthffP, . ~2(>.)?JO":

Total: 1'2/~

The name and address of my insurer (if any) is:

(Name) (Address)

I claim as damages: (Indicate amount in U.S. dollars and local currency)$ local. _

(Signature ofClaڐ洆ၮ縀

Subscribed before me this H day of....L-=-'--"'-"-'-'-+-__., 200~.

CENTCOM 005071

(b)(6)

(b)(3),(b)(6)

redacted for the following reason:- - - - - - - - - - - - - - - - - - - - -Foreign Language

CENTCOM 005073

I

it[

ɰⴂ큾

ɰⴇː㨀

Ⰲˀ⸂瀀ߠ

ː縂퀭ɰ

Πⴇ

爂耮ˠⴀߠ

ː縂 Ӏ縂瀿 ߠ ˰ 縄ꀀ 瀯⸃ߠ

ߠ

縀 ˠ紃ꁾߠ㼂ΰ

縀ߠ ⸀ߠ

ˀ縀

Ѱ⸂퀾ː猇ˀ

縀ߠ ɰ縂 ɰ⸇

⸀ߠ ʀ縇ˠ⸂ߠ

Ґ縀

Ⰲߠ

Π㬂퀭ܠ㨃ꀧΠⴇװ瘀

.,t.'-'/ . , '

..~', .... ' .. ,.~ ...,.CENTCOM 005074

Foreign Language Text, (b)(6)

Foreign Language Text

- . - --~- - -. - .- - .- -

.--;- ... -

•

•

CENTCOM 005075



⸀ⴂ큾ːⴂ퀭ːⴂ퀭ːߠ

ʀ縇

ːⴂ퀭ː∇ˠ㨂퀷 䤀ߠߠߠ

.,"J

쀀⸃ߠ .

.' .....

..•. .',

CENTCOM 005076


..

-\---\-

ߠ

Ⰰߠ ˀ縀 Ƞ✇

ߠ

挂ߠ

將׀ ୰縇䀅퀂쀀

- --------------------- -

1

l, CENTCOM 005077

(b)(6)

Foreign Language

Foreign Language

(b)(6)

(b)(6)

(b)(6)

Foreign Language

Foreign Language

Foreign Language

Foreign Language

(b)(9)Foreign Language

Foreign Language, (b)(6)

Foreign Language

Foreign Language

Foreign Language


redacted for the following reason:- - - - - - - - - - - - - - - - - - - - -Foreign Language, (b)(6)

I•

CENTCOM 005079



•

•

., l

CENTCOM 005080

1;.

,,

!I . ,.'

ߠ

K---:?

;>V'-

::-: .

1




redacted for the following reason:- - - - - - - - - - - - - - - - - - - - -Foreign Language, (b)(6)

DEPARTMENT OF THE ARMYOFFICE OF THE STAFF JUDGE ADVOCATE

HEADQUARTERS, 1D1ST AIRBORNE DIVISION (AIR ASSAULT)OPERATION IRAQI FREEDOM, COB SPEICHER

T1KRfT, IRAQ APO AE 09393

1_-.

AFZB-JA-C

MEMORANDUM FOR RECORD

SUBJECT: Waiver of Notification

1. I, the Claimant, hereby agree that if I fail to provide any requested evidence to the CMOCClaims Office within sixty (60) days of the date below or to request a written extension of the 60day period, such inaction shall constitute an affirmative act of abandonment of my claim, and myclaim shall be administratively closed in accordance with the provisions of DA PAM 27- 162,paragraph 13-3(f).

2. I further agree that if I wait longer than 60 days from the date below to return to the CMOC toreceive notification ofthe final disposition of my claim or to request a written extension of the60 day period, this failure will result in denial of the claim. The claim will be administrativelyclosed in accordance with the guidance.

ClaimantSڐ∂‧ϐ縀Sworn before , on __ day of 200__

CENTCOM 005083

(b)(6)

r--co - american civil liberties union...tf band ofbrothers claims intake form to: united stat from:...

Documents