SWORN STATEM ENT

For use of this form. see AR 190-45; the proponent agency is PMG.
PRIVACY ACT STATEMENT
AUTHORITY:

Title 1 o. USC Section 301; T ille 5 , USC Section 2951; E .O. 9397 Social Security Number (SSN)

PRINCIPAL PURPOSE:

To document potential criminal activity involving the U.S. Army, and to allow Army officials to mainlain disciplin e.
law and order l hrough investigation of complaints and incidents.

ROUTINE USES:

Information provided may bo further disclosed to federal, state, local , and foreign government law enforcement
agencies, prosecutors. courts . child protec tive services. victims, witnesses. the Department of Vete rans Affairs. and
the Office of Personnel Management. Information provided may be used for determinations regarding judicial or
non-judicial punishmen t, other administrative disciplinary actions, security clearances. recruitment, retention .
placem ent. and other personnel actions.

DISCLOSURE:

Disclosure of your SSN a nd olhe r informati on is voluntary.

1---

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4. FILE NUMBER

3 TIME

1. LO '.:ATION

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10, EXHIBIT

1 1 . INITIALS OF PERSON MAKING STATEMENT

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TAKEN AT

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DA FORM 2823, NOV 2006

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(Continued)

AFFIDAVIT

, HAVE READ OR HAVE HAO READ TO ME THIS STATEMEN T

WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE ~

I FULLY UNDERSTAND rHE CONT ENT S OF THE ENTI RE STATEMENT MADE

BY ,VI E THE STATEMENT IS TRU E. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTIOM OF EACH PAGE
COlffAINING THE STATE MENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWAR D , WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFLl

I g

ment)

LA.CMr
INITIALS OF PERSON MAKING STATEMENT

A DA FORM 2823, NOV 2006

PAGE

OF(o

PAGES
APO Pt: v1 00

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE

For use of this form. see AR 190-30; the proponent agency is ODCSOPS

DATA REQUIRED BY THE PRIVACY ACT

AU THOFtlTY:

TIii e 10, United States Code, Section 3012(9)

PRINCIPAL PURPOSE:

T o provide commanders a nd law en forcement officials with mean s by which information may be accurately identi fied .

ROUTINE USES:

Your Social Security Number is used as an additional/a lternate means of identifica ti on to facilitate filing and retrieval.

DISCLOSURE:

Disclosure of your Social Security Number is voluntary .

i.

5.

LOCATION

L~ . ~"" lh, frc/J

NAi1lfE. (Last, First, Ml)

2.

DATE

}f>.

4 o.r;-

FILE NO.

ORGAN IZATION OR ADDRESS

) b;U. ~N [3,./

J
6

4.

),rr,1A

SSN

PART I -RIGH TS WAIVER/NON-WAIVER CERTIFICATE

Section A. Rights
The 1nvest1gator whose name appears below told me that he/she is with the Uniled States Army

fJ Ht:, 3&-.; 1.

[/lj

BIi/

- - -- - - - - - - , - - -- - - , - - - - -- - - and wanted to que:fuon me about the following orfen se(s) of which I am

TL//,

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suspected/accused :
11'!\'l oft: t--- - -- - -- - - - -- - - - -- - -- Before he/she asked me any questions about the oftense(s), however. he/she made it clear to me that I have the following rights:

1.
2.
3.

I do not have to answer any question or sa~ anything.

Anytnlng I say or do can be used as evidence against me in a cri mfnal trial.
(For personnel subject to the UCMJ/ I have the righ t to talk privately to a lawyer before, durlng, and after question ing and to have a lawyer present with rne
dunrg question ing . This lawyer can be a civilian lawyer I arrange for at no expen se to the Government or a military lawyer detalled for me ai no expense to me.
or ootn
- or (Fot civi/ians not subject lo the UCMJ)

I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer pre&ont wilh

me curing ques~oning. I understand that this lawyer can be one that I arrange for at my own exoense. or if I canrot afford a lawyer and want one. a lawyer

,lifl be appointed for me before any ques tion ing begins.

4

If I am now willing to discuss the offense(s) under investigation, w ith or w ithout a lawyer present. I have a right to stop anawering quesHons a t any time. or

speak privately with a lawyer before answering further, even if I sign the waiver below

5.

COMMENTS

(Continue on roverse side)

Section B. Waiver
I understznd my rights es stated above. I am now willing to discuss the o ffense(s) under Investigation and make a stateme nt without !al king to a lawyer first and
w,mout having a lawyer present with me.
WITNESSES (If availa/J/e)

ORGANIZ.ATION OR ADDRESS AND PHONE

I;/1./

f5!t/

SIGNATURE OF INTERVIEWEE

6.

ORGANIZATION OF INVESTIGATOR

tli-/1- 1 3 6.f 1-J.

! /II

f'!>N

Section C. Non-waiver
1.

I de not want to give up my rights

I wan t a laWyer

II

I do not want to be questioned or say anything

SIGNATURE OF INTERVIEWEE

ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED

DA FOHM 3881, NOV 1989

EDITION OF NOV 64 IS OBSOLETE

APO PE ,2 01 ES

SWORN STATEMENT
For use ol this form, see AR 190-45: the proponent agency is PMG.
PRIVACY ACT STATEMENT
AUTHORITY:

Title 10. USC Section 301; Ti11e 5. USC Section 2951 ; E.0 . 9397 Social Socurity Number (SSN) .

PRJNCIPAL PURPOSE:

To document potential criminal activity involving the U S Army, and to allow Army officials to maintain discipline,
law and order through investigation of complaints and Incidents.

ROUTINE USES:

In formation provided tnay be further disclosed to federal. state. local. and foreign government law enforcement
agencies, prosecutors. courts , child protective services, victims. witnesses. the Department of Ve terans Affairs, and
the Office of Personnel Management. Information provided may be used for determinations regarding judicial or
non-Jud1c1a1 pun1snment. other admin1strat1ve disciplinary actions, security clearances. recruitment. retention.
placement, and other personnel actions.

DISCLOSURE:

Disclosure of your SSN and other information is voluntary.

1. LOCATION

Bagram Airfield, Afghanistan

5 . LAST NAME, FIRST NAME, MIDDLE NAME

2. DATE

(YYYYMMDD)

2014/05/ 17

3 . TIME

rs i(o

7. GRADE/STATUS

6. SSN

E-3rfPU MOB

Johnson. licah. Xavier

8

4. FILE NUMBER

ORGANIZATION OR ADDRESS

284th EN CO. 365th EN BN. Bagram Airfield, APO, AE 09354

9.
1,

Micah Xuvier Johnson

, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH

I was outs ide eating then I was called into my hallwa . h to- k lace around 20:00 I was eating dinne r chow at the time out:.ide of my
barracks righl before 20:00. ( believ
may have also been there with me. if I remember correctly
they were smoking. The to go plate was mine.
to me l e health and welfare in<;pection was being conducted and I went
into my hallway once he told me. I was outside my room for about for about IO seconds Jooo~ ~e
immedially ready to search my room. I went into mv roo 1 igJ1t befo re it was searched. It wa~ ~andthey said to open my door. I said ok.
earched it while I was inside right at the door the whole time .
other two were right outside the door.
said "Man Johnson those aren't yams". I grabbed the single pair of underwear as
soon as I saw them because I felt it was not neccesarry to the inspection and it was a persona I item of mine. I bel icve they a ll saw
them. I didn't think I was in trouble becam;e they did not seem relevam to me. But I did see them :i ll look at each other once they
saw them but I thought nothing ofit. Afier about 10 second:. \\e all ~xited my hallway. I don't believe there was anymore discussion.
if so I do not recall it. I was under the impression it was complete u11til they started to go into the other hall\\ay and would not let
me throw away my plate.The three said" No Johnson come in now" I didn't think I was in trouble per-s ay but I assu med that I was
missing something.
It '"asn't my sole purpose to dispose of the single pair of underwear after exiting the building and I kept going because I wanted to
throw away my trash. I passed the dumpsters on the way to the latrine and threw my to go plate in the dumpster. Then l hid the
underwear on my person and thats when they saw me by the latrines. Then after everything calmed down( about an hour and a half
ma)be less) I threw the underwear away in a nearby dumpster. L told the people around me ( I dont recall who exactly because it was
dark and I had a flashlight in my face) I flushed the underwear because they kept asking me" What did )'OU do with the underwear?"
over and over again and I just gave them an answer to stop questioning me. I belive I wou ld have just shown them in hindsight but
wol! ld like to talk to tbe individu.
anybody e lse does.
I don't recall the discussion. with
here we ended our friendship. entirely but what was basically said was. t's my
life and I make the descions that wont to because they're my choice. And I'm getting tired of you gening mad at me for my life
choices and I don't like how yo u're talking down on me like you're bolter than me. If you don't want to be friends anymore fi ne. A
while back I did tell her I was seeing another. '
l did punch through a car window in front of
efore. a few years back. I ,vas going through :i hard rough patch( I was stuck at
a dead end mmimum wage job that I loathed. recent y got into a car wreck and was forced to use my stepmother's bright red VW
beetle. Causing my father to have to take off work early and get there late to pick her up and drop her off at work. Almost c!lusing
him to lose his job. I \.\as forced to borrow his money to gel a crappy car that hardly ran. While living wi th my mother. her and I
foughr almost e,eryday and I had nowhere else to live, because of no friends and not enough money.) l\othing at all was going my
way. We were supposed to go see a movie that night and after the past few days J had I really wanted to get away from all the stress
and drama for a I ittle bit. Out we were late for 1he movie and would or missed the first 30 minutes or so. She then decided not to
see it at all and go buck to her house and just call it a night. I was just frustrated at the events from before and I needed to let o ut

lllllind

10 EXHIBIT

fr

11. INITIALS OF PERSON MAKING STATEMENT

PAGE 1 OF

ADDITIONAL PAGES MUST CONTAIN THE HEADING STATEMENT OF

TAKEN AT

PAGES

DATED

THE BOTTOM OF EA CH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE INDICATED.

DA FORM 2823, NOV 2006

DA FORM 2823. DEC 1998. IS OBSOLETE

Al'O PC: v1 0 0

STATEMENT OF

9. STATEMENT

Johnson, Micah, Xavier

Bagram Airfield

TAKEN AT

DATED 2014/ 05 /1 7

(Continued)

some stress.
The underwear was given to me by a civilian named.
who worked on fob Shank. I told
andbouL her and
I. They didnt know everything n.illy but they were aware of hers and I friendship an
vere not aware of the underwear
she had ven to me. She worked at a barber shop which I can't remember the name of( it was closed down but I dont recall when
exactly)
ncl I were talking for a few weeks and l cannot recall if I ever toldabout her and I. The relationship started
before my re at.Jonsbip withlllllllltnded.

Page 2 sentence 4 of my previous statement dated May 162014 was meant to read, " After that I had to dump and spread out
everything in my room.;,
-----------------------------------------------------Nothing Else Fo IIows----------------- ----------------------------------------------------

AFFIDAVIT

I. Johnson, Micah, Xavier

WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE

' HAVE READ

OR HAVE HAD READ TO ME T HIS STATEM ENT

I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE T HIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD . WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

~~
(Signature of Person Making Statement)
W ITNESSES:

Subscribed and sworn to before me, a person authorized by law to

admini ster oaths, this
at

_ 1_7_

May

day of

. 2014

Bagram Airfield Afghanistan

(Typed Name of Person Administering Oath)

UCMJ Article 136 (b)(4)

iATION OR ADDRESS

(Authority To Adm111isler Oaths)

INITIALS OF PERSON MAKING STATEMENT

/VJ
DA FORM 2823, NOV 2006

PAGE

OF

PAGES
APD PE vl.00

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE

For use of this form, see AR 190-30; the proponent agency is ODCSOPS

DATA REQUIRED BY THE PRIVACY ACT

AUTHORITY:

Title 10, United States Code, Section 3012(g)

PRINCIPAL PURPOSE:

To provide commanders and law en forcement officia ls with mea n s by w hich informatio n may be accurately identifi ed .

ROUTINE USES:
DISCLOSURE:

Your Social Security Number is used

1.

LOC/\TION

NAVIE

as an additional/alternate means of identification to facilitate filing and retrieval.

Disclosu re of your Social Security Number is volu n tary.

2.

DATE

8.

ORGANIZATION OR ADDRESS

3.

T IME

1-!.J.i.,L.,~--LL!L.~P
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APv i-

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE

Section A. Risllts

The investigator whose name appears below told me that he/she is with the United States A nny

- - - - -- --=,----------,,------- - -- - - - -

"Theft

JdHc

3c, fJ

;v f{d

and wanted to qu{stion me about the followfng oiien se(s) of which I am

Sc-y,.,,J U,,,-,.u.M.nf

o,.,J

suspected/accused:
Before he/she asked me any questions about thP. offense(s). however, he/she made it clear to me tha1 I have the following rights

1.
2.
3,

I do , ot have to answer any question or say anything .

Anyt1ing I say or do can be used as evidence against me in a criminal trial
(For personnel subject to the UCMJ) I have the r ight to ta lk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
durir,g questioning. This lawyer can be a civllian laWYer I arrange for at no expense to the Government or a military lawyer detailed for me at nc expense to me
or both .

or
(For civilians not subject to ihe UCMJ)

I have the r ight to talk privately to a lawyer before , during, and after questionin g and to have a lawyer presen1 with

me curing ques~oning I understand that tins lawyer can be one that I arrange for a t my own expense. or if I canrot afford a la wyer an d want one, a lawyer
4,

will be appoin ted for me before any q uestioning beg ins.

If I am now willrng to discuss the offense (s) under investiga tion, w ith or without a lawyer presen t. I have a right 10 stop answering questions at any t,me. or
speak privately with a lawyer before answering further. even if I sign the waiver below.

COMMENTS

(Continue on reverse side)

Section B. Waiver
I understand my righ1s as stated above I am now willing to discuss the offense(s) Under Investigation and make a statement w1thout talking to a lawyer First and
w1tnout h,1vin9 a lawyer present with me.
WITNESSES (If available)

3.

SIGNATURE OF INTERVIEWEE

-.,-, -

. . ,

ORGANJZATION OR.A DDRESS AND PHONE

)..I Hl 36~

Ef',/ J';'f'./

Section C. Non-waiver
1.

I de not want lo give up my n ghts

I
2

I want a lawye1

I do not want to be questioned or say anything

SIGNATURE OF INTERVIEWEE

ATTACH THIS WAIVER CERTIFICATE TO ANY SWOR N STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTE'.D BY THE SUSPECT/ACCUSED

DA FORM 3881 1 NOV 1989

EDITION OF NOV 84 IS OBSOLETE

APO PE v2 0 1ES