On Wednesday January 19, 2011, the defense filed an Article 138 complaint with the Quantico base commander, Colonel Daniel Choike. The Article 138 complaint is a complaint filed under the Uniform Code of Military Justice to address a perceived wrong against a soldier by his command. The defense asserts that the action of holding PFC Manning in Maximum (MAX) custody, under Prevention of Injury (POI) watch for over five months and recently placing him under suicide risk was an abuse of CWO4 James Averhart’s discretion, and a wrong within the meaning of Article 138, UCMJ. As redress, the defense has requested that Colonel Choike order PFC Manning’s removal from suicide risk and POI watch and that he order the reduction of PFC Manning classification level from MAX to MDI.
By way of background, PFC Manning was transferred to the Quantico Brig on July 29, 2010. Upon his arrival, he was placed in MAX custody and under suicide risk. On August 6, 2010, the forensic psychiatrist for the Brig recommended that he be moved from suicide risk to POI watch. That recommendation was followed and PFC Manning was moved to POI watch. Due to his improvement and adjustment to confinement, on August 27, 2010, the Brig’s forensic psychiatrist recommended that PFC Manning be taken off of POI watch and that his confinement classification be changed from MAX to Medium Custody In (MDI).
Over the course of the following three months, two separate forensic psychiatrists consistently stated that there was no medical reason for PFC Manning to be under POI watch. The only exception to this was on December 10, 2010 when it was recommended that PFC Manning remain under POI watch for one week. The following week, the forensic psychiatrist once again recommended that PFC Manning be removed from POI watch. Despite these consistent recommendations, PFC Manning has remained on POI watch and in MAX custody.