"NAME OF RECUSED Tat Fsi Wy Tr SF HARKIRATE ——"T7PAY GRA ER, Jacob, X 5 UN OR ORGANIZATION “S WATURE OF RES TRARY OF ACCUSED TV BATE(S) WHOSE Naval Special Warfare Group ONE, Training Detachment ONE 13 Dec 09 © TOTAL None None $6,742.00] _$590.00__|_ $7,332.00 CHARGES AND SPECIFICATIONS [CHARGE [1 [Weaon athe UON | eae Specification (Conduct Unbecoming an Officer and Gentleman): In that Lieutenant Jacob X. Portier, U.S. Navy, Naval Special Warfare Group ONE, on active duty, did, at or near Mosul, Iraq, on or about 3 May 2017, conduct a reenlistment ceremony next to a human corpse, such conduct being conduct unbecoming an officer and gentleman. ‘Charge I: Violation of the UCMJ Article 92 Specification 1 (Willful Dercliction of Duty): In that Lieutenant Jacob X. Portier, U.S. Navy, Naval Special Warfare Group ONE, on active duty, who knew of his duties as a commissioned officer, at or near Mosul, Iraq, on divers oceasions during his deployment in 2017, was derelict in the performance of those duties in that he willfully fsited to supervise Chief Special Warfare Operator Edward R. Gallagher, U.S. Navy, Naval Specs! \Wse fire “iroup ONE as it was his duty to do, and that such dereliction of duty resulted in ths s bodily harm to a noncombatant male person and a noncombatant female person, te wit." ‘oma sniper rifle operated by the said SOC Gallagher. is NUATION PAGE* PREFER 13a. KAMP OF ACCUSER Les! Fe dl «© ORGANBATION OF accuSER CED Region Legal Service Office Southwest SSS Te, Hie Ondersignes, sbunonzed by law fo SOvinisier oaihe ln Gases ofthis characier, personaly appeared We ‘2bove named eccuser his 9" day of Qctober, 2018, and signed the foregoing charges end specications undor cath that he is 8 ;erson subject tothe Uniform Coda of Miltary Justice and that she elther has personal knowiedg0 of or has Investigate the matters ‘et forth therein and tnat the same are ius to te Best of his Knowledge and belt. Conor L. McMahon RLSO Southwest Tiped Nome af Rca ‘Castine Captain, USMC ‘Trial Counsel ‘Ci Bis Samce HT Cape Aer Gare zB (See RC 307) -musl ow commissioned few) OO FORM ae oHORIGINAL 002-LF.000-4500 12, On _1] October 2018 the accused was informed ofthe charges against him and of te name of the accusers known tome. (Seo RCM, 308(a)) (Sae RCM. 308: notiicaion cannot be mado ) Casey J. Parker Naval Special Warfare Group ONE npncnon ope Oe IV. REGEI"T BY SUMMARY COURT MARTIAL CONVENING AUTIORITY 13. The swom charges were received at 1ZSO hours, pecial Warfare Group ONE ron Feo RCW TOT M.D. Rosenbloom Typed ware of Oicer | aa DESTGRRTIGNTOF COMWAND GF EEE? Aur Navy Region Southwest Relerred for tial to the General octet convened by ated 1OJanvary 29 conjunction with the charges pr & Cammantor Stor Y. B. LINDSEY 19 subject tothe folowing instrucions:? jusly preferred on 14 January 2019. o 11 October _20 18 at Commander ‘ORG Capaciy oF Once Sa : Id Son \q General Court-Martial Convening Order #01-19 San Diego, California To be tried in Tipe Naa Oa RDML, USN | caused to be served a copy hereof on the above named accused Conor L. McMahon Typed Neve Tra Counae Spas Capt, USMC isin a To Ca T= Wa an apapnae ammarder Fah parsTaW appeals WE ar SELON 22 See ROM 60) con Db Foon ReraaeORIGINAL Continuation Page 2 of 2 DD Form 458 Specification 2 (Failure to Obey a Lawful General Order): In that Licutengph Jacob,X, Pogier, U.S. Navy, Naval ¢, Special Warfare Group ONE, on active duty, did, at or near Mosul, Iraq/uring his deployment in 2017, fail to yaniv obey a lawful general order, to wit: paragraph 4 and 7, SECNAVINST 3300.1C, dated 28 May 2009, by failing. to report an alleged violationSof the law of war. Charge Violation of the UCM Article 134 Specification 1 (Misprision of Serious Offense): In that Lieutenant Jacob X. Portier, U.S. Navs ‘arfare Group ONE, on active duty, having knowledge that Chief Special Warfg i Gallagher, U.S. Navy, Naval Special Warfare Group ONE, had actually & ‘murder a wounded male person under the care of th and body with a knife, did, at or near May 2017 to on or abounyA\ aETIP Waileeal SEch serious offense by making false official faaling to make the same known to the military authonties as soon as possible Sabrcopd to the prejudice of good order and discipline in the armed forces and was of a nature ‘to’bring discredit upon the armed forces, Specification 2 (Obstruction of Justice): In that Lieutenant Jacob X. Portier, U.S. Navy, Naval Special Warfare Group ONE, on active duty, did, at or near Mosul, Iraq during his deployment in 2017, wrongfully endeavor to impede an investigation in the case of Chief Special Warfare Operator Edward R. Gallagher, U.S. Navy, Naval Special Warfare Group ONE by destroying evidence, end that said conduct was to the prejudice of good order and discipline in the armed forces and was of a neture to bring discredit upon the armed forces. Charge IV: Violation of the UCM) Artiste 107 Specification 1 (False Official Statem-niy Bis at | guienan’ taco X. Portier, US. Navy, Naval Special Warfare Group ONE, on active duty, 0:5, st 07 see 8 22, curing his deployment in 2017, with intent to deceive, make to Lievtenant Comm ane. i U5. savy, Naval Special Warfare Group ONE an official statement, to wit: when askec if shee as 99):'a ig evtn.cal @ report surrounding the reenlistment ceremony of Chief Special Warfare Operas Hwee H Cailspiur, U.S, Navy, Naval Spgcial Warfare Group cm ONE the said Lieutenant Portier resporded “incre was aothing cvieninal, it was just in bodiatte.”or words to ryan that effect, which statement was ttclly false. and was then snoven by the said Lieutenant Portier to be so false. 3-~< 7“ Specification 2 (False Official Statement): In that Lieutenant Jacob X. Portier, U.S. Navy, Naval Special Warfare Group ONE, on active duty, dié, at or near San Diego, Califomia, on of about 6 April 2018, with intent to deceive, make to Lieutenant Commander Robert E. Breisch, U.S. Navy, Naval Special Warfare Group ONE, an official statement, to wit: when asked if he knew that Chief Special Warfare Operator Edward R. Gallagher, U.S. Navy, Naval Special Warfare Group ONE committed a law of armed conflict violation the said Lieutenant Portier responded that he was unaware of the specific event, or words to that effect, which statement was totally false, and was then known by the said Lieutenant Portier to be so false. ORIGINAL