Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-00186-FMA
08/28/2003 1S;16 FAX

Document 62-2
S-3 3d. KC'tS øae

Filed 03/27/2008
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Page 1 of 3

DEPARTMENT OF THE ARMY
HEADQUATeRS, UNTa STATTS ARII 3D RECRUING eRIGAOE FOT KNO'l KENTUCK 4012i.27Z6

l

., ~,"M ATT1loFi
RCM-CO (601-210e)
Relief-for-Caue
0sep C.

AUG 1 2 2003

FROM: 2002 10 nmU: 2003 08

inqui conccmig recte micond memraum for coii da 4 Augu 2003 and the

evidene c$tabliu tht SSG Kopfprovidc fae offcial stc: and se assaul an
.2. Sucb conduct by SSG l(opfis in violation ofUniim Coe ofMiwy Jusce. Th comprom.c arhis perona integrty and profeona etcs rendc SSG Kopfuntable for
recruting duty. Accordiy, I hae died SSG Kopf s relief frm rcti. dut in ai:omaDCC with AR 601-1. parh S.6b. SSG Kopfvv be reasgned in accce with the

applicant. .
recommendaons of

1. As the Commder, US Aty 3d Reruun Briade, I have reewed th commdc'5

the cha of r:mand. I have dccd that B. preondc ofthc

needs ofthc Any.
3. SSG Kcpfba 'bee notied of

the reason fo ros relicf:

4. r dÏct ths docuent be made an enclorue to th relief-for-cus noncossioned offcer
evauati on reort.

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~ DEFENDANT/5

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~ EXHIBIT

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DEF0372

Case 1:05-cv-00186-FMA

Document 62-2
~5

Filed 03/27/2008

Page 2 of 3

RECORD O.F PROCEEDINGS UNDER ARTICLE 15, UCMJ

NAME GRAE 458SS KOPF, JOSEPH E-6

For use 01 tt fo. 588 AR 27-10; th e is T JAG.

See Noles on Reve.8 ore Conn lelln Form

Minneapolis $2,636.70

(Btit .. SeForigii)

I. I am considerng whether you should be punished under Artcle IS, UCMJ, for

at or near Rapid City, SD, on or about 7 Jan 03, with the intent to deceive, make to CPT Ferneliusi an official statement, to wit: that you did not touch this female, which statement was false and was then known by you to be so false - This is in violation of Article 107 i UCMJ. (SEE CONTINUATION SHEET)
2. You are not required to make any S1tets, but if you do, they may be used against you in ihis proing or at a tral by courtmania

the following misconduct: In that you did,

i. You have severl rights under this Article IS proing. Fim I want you to undcrandtha I have not ye mae a deision whether

or not you will be punished. I will not impose any punishment unle I am convince beyond a reonable doubt tlt you commined the
offense(s). You may ordinarly have an open hearing before me You may reuest a peon to spk on your bealf. You may present witnesses or other evidence 10 show why you shouldn't be punished at all (mattu~ of defense) OT why punishment shuld be ver light (mat/ers of extenuation and mitigation). l wil consider eveing you prel before" deciding wheiher I wil impo punishment or the
type and amount of punishmet I will impose. 11 If you do nol want me to di¡p of this rep of miscucc unde Article I S, you have

the nght to demand tral by court-martal instea."J In deding what you want to do you have the right to consul1 with legal
counsel Located
at

TDS Bldg 1310 Ft Knox KY 502-624-4417

. You now have 48 hou1' So decide what you want to do. ~

~

th law

10. i have sccn the

NA. GRE. AND ORGAIZTION OF CO~DER ~ lOL MVlll R.. tLl./J tb~ 1" llN onE aClion taken on my appel.

DATE SI R
ORIGINAl

II. ALLIED DOCUMENTS AND/OR COMMENTS

DA FORM 2627, AUG 84 (EG)

EDITION OF NOV 8215 OBSOLEE

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DE'F0373

Case 1:05-cv-00186-FMA

Document 62-2

Filed 03/27/2008

Page 3 of 3

CONTINUATION SHEET 1, DA FORM 2627, PERTAINING TO SSG KOPF, JOSEPH, 45B-69-

7548, USAR Minneapolis

Item 1 (Cont' d) :
In that you did, at or near Rapid City, with the intent to deceive, make to CPT to wit: that you did not kiss, attempt statement was false and was then known violation of Article 107, UCMJ. SD, on or about 29 January 2003, Fernelius, an official statement, to kiss, or touch Ms. Elk, which by you to be so false. This is in

In that you did, at or near Rapid City, SD, on or about 3 June 2003, with the intent to deceive, make to Special Agent Tello, an official statement, to wi t : that, on 7 Jan 03, you and Ms. Elk did not have any type of physical contact of a sexual nature, which statement was false and was then known by you to be so false. This is in violation of Article 107, UCMJ.
In that you didi at or near Rapid City i SD on or about 7 January 2003, Kathy L, Elk, a person not your wife, by kissing her. and touching her breasts, with intent to gratify your sexual desires. This is in violation of Article 134, UCMJ.
commit an indecent assault upon .

DEF0374