In a 10-page report dated Aug. 31, Lt. Col. James P. Daniel Jr., the Army investigator, recommended that three of the soldiers -- Staff Sgt. Raymond L. Girouard, Spec. William B. Hunsaker and Pfc. Corey R. Clagett -- be charged with conspiring to commit premeditated murder of the detainees and then threatening another soldier not to tell anyone. Daniel found that Spec. Juston R. Graber withdrew from the conspiracy but still should face murder charges for following Girouard's order to shoot a detainee in the head.

In light of aggravating factors, Daniel wrote, the soldiers' alleged offense "warrants a sentence of death," should they be found guilty. All the soldiers are from the 3rd Battalion, 187th Infantry Regiment of the 101st Airborne, based at Fort Campbell, Ky.

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Under the Uniform Code of Military Justice, the commander in chief must personally approve all death sentences. The last execution of a soldier was in 1961 at Fort Leavenworth, Kan., Army spokesman Lt. Col. Carl S. Ey said.