By Howard Wilkinson
Enquirer staff writer

An Army reservist from Whitewater Township charged in the deaths of two Afghans who were under U.S. military control has been returned to active duty to face the military equivalent of a grand jury investigation, Army officials said Tuesday.

Sgt. James P. Boland, 34, of the 377th Military Police Company based in Roselawn, is at Fort Knox, Ky., facing charges of assault and dereliction of duty, according to Bob Close, a spokesman for Army Forces Command at Fort McPherson, Ga.

Army Forces Command filed criminal charges against Boland Aug. 23 in the investigation into the deaths of two Afghans Dec. 3 and Dec. 10, 2002, while they were in detention at Bagram, Afghanistan.

U.S. military medical examiners ruled the deaths homicides.

The 377th Military Police Company, which returned to Cincinnati in 2003, guarded prisoners at Bagram at the time of the deaths.

Boland is accused of failing to take corrective action against a soldier who allegedly struck prisoner Mullah Habibullah while he was restrained.

Boland is also accused of maltreating a prisoner named Dilawar "by shackling him in a standing position with hands suspended above shoulder level for a prolonged period of time.'' A dereliction of duty charge was leveled at Boland for allegedly not seeking medical treatment for Dilawar.

Close said that an investigation of the charges against Boland will be held under Article 32 of the Uniform Code of Military Justice, which would include the appointment of an investigating officer to hold a hearing - complete with evidence and witnesses who could be cross-examined by the accused soldier's lawyers.

After the hearing, the investigating officer will recommend whether "reasonable grounds" exist to believe the accused is guilty and whether a general court martial should be held.

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E-mail hwilkinson@enquirer.com