Reply #10: Misconduct allegations and retirement [View All]

While serving in Taji, Iraq on August 20, 2003 as commander of the 2d Battalion 20th Field Artillery, 4th Infantry Division, Lieutenant Colonel West was in charge of but not present at an interrogation of an Iraqi police officer who was suspected of having imminent information regarding attacks on American soldiers. According to the Iraqi police officer, soldiers under West's supervision assaulted him attempting to get him to talk.<2> West fired a pistol near the policeman's head, threatened his life, and allowed his troops to physically assault the man.<3><4>

West, who at the time was just short of having 20 years of service, was charged with violating articles 128 (assault) and 134 (general article) of the Uniform Code of Military Justice. West was processed through an Article 32 hearing in November 2003, where he admitted wrongdoing, was fined $5,000 over two months for misconduct and assault. He then submitted his resignation, and was allowed to retire with full benefits in the summer of 2004.<3>

At a hearing, West was asked by his defense attorney if he would do it again. "If it's about the lives of my men and their safety, I'd go through hell with a gasoline can," he said.<3> Apparently not knowing West's gun was aimed into a barrel, "Hamoody cracked and gave information about the planned ambush on West's convoy, thwarting the attack." West said there were no further ambushes on U.S. forces in Taji until he was relieved of his leadership post on October 4." <5> After West's resignation was brought to public attention the next fall, he received over two thousand letters and e-mails from the American public offering him moral support. In addition, a letter was drafted to the Secretary of the Army, its signatories being ninety-five members of Congress in West's support.<6>