Reservists could face criminal charges

Discipline action begins;
Up to 2 dozen in trouble after refusing Iraq convoy

Soldiers from an Army Reserve unit in Iraq who refused to take part in a convoy last month, citing security concerns and maintenance problems with their vehicles, are facing disciplinary action and some could be charged criminally, Pentagon and military officials said yesterday.

As many as two dozen soldiers from the 343rd Quartermaster Company, an Army Reserve unit based in Rock Hill, S.C., were subjects of the investigation that began Oct. 13 when soldiers refused to take part in a cross-country fuel convoy.

The mission was later carried out by others from the 120-soldier unit, who took the convoy from Tallil air base near the southern Iraqi city of Nasiriyah to Taji, north of Baghdad.

A Pentagon official, who requested anonymity, said a number of soldiers under investigation are facing an Article 15 - an administrative action that could lead to a fine, loss of pay or rank, or letters of reprimand. As many as five could be recommended for criminal charges and the possibility of courts-martial, the official said.

Initially, the investigation centered on 17 soldiers who refused to travel in the convoy, although now as many as two dozen could face disciplinary action that includes charges of disobeying a lawful order and conspiracy, officials said.

Maj. Richard Spiegel, a spokesman for the 13th Corps Support Command, which includes the 343rd, said in an e-mail that the command's top officer, Brig. Gen. James E. Chambers, has received the initial review into the incident.

"Certain administrative actions have been initiated as a result of this review and more actions, including criminal charges, are possible in the future," Spiegel wrote, declining to provide additional details.

The unit arrived in Iraq in February for a yearlong mission. Relatives, who are also from North Carolina, Alabama and Mississippi, have said soldiers refused to go on the October mission because their vehicles were poorly maintained and without necessary armor.

Moreover, the military confirmed another complaint of the soldiers, that the Oct. 13 mission was longer than their normal convoy operations.

Ricky Shealey of Quinton, Ala., father of Spec. Scott Shealey, 29, a member of the 343rd who refused to take part in the mission, said he communicated with his son by e-mail yesterday and was not told of any developments in the case.

"He hasn't heard anything," said Shealey in a phone interview. "No one's contacted him."

After the soldiers refused to go on the mission, the unit's operations were halted for a two-week "maintenance and safety training stand-down."

The Pentagon official said that some of the unit's vehicles were equipped with armor after the soldiers complained. Spiegel said any "necessary repairs" were completed as part of that maintenance and safety effort.

"Additionally, armoring of all vehicles that are used off base was completed and the unit conducted retraining on various mission, maintenance and safety tasks," he wrote.

Military officials said the 343rd's problems arose mostly from a lack of leadership.

One week after the soldiers refused to go on the mission, the 343rd's commander was relieved of her duties, although she was not suspected of misconduct.

By Tom Bowman
November 16, 2004
Copyright © 2004, The Baltimore Sun