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Re: WO Jencura BOI



Matt,
I feel your pain.  JAM has lately suffered from Air Force-itis.  That condition is usually characterized by an unflinching, unthinking adherence to the written word, in isolation from any context, and devoid of any sense of history, tradition, custom, reasoning and/or common sense.  Your analysis is correct.  But if you have a waiver form you'd like to send by pdf, I'd be happy to sign it and expedite its return to you.  As part of that process, would like to review the report, as well (and have it form my file). Your job is hard enough without this kind of idiocy impeding your mission.  In the alternative, if you'd give me that JAM officer's email, I'd be happy to send him an email waiver.  I'm sure that some other, more senior, genius has levied this newly discovered critical requirement on him.  This is what happens when REMF staff officers have too much time on their hands but aren't allowed access to Facebook at work.  
Semper fi,
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566

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On Jan 20, 2011, at 7:37 PM, Fahringer Maj Matthew S wrote:

Mr. Puckett,

I am emailing in regards to WO Jencura report of BOI.  There is a requirement that counsel be provided an opportunity to comment on the report of BOI.  See paragraph 4010.3.h of the LEGALADMIN (MCO P5800.16A).  The officer misconduct attorney at JAM has directed that 1) we get a waiver from you with respect to this paragraph, or 2) that you be provided an opportunity to submit matters for consideration.  As you are probably aware both 1920.6C and title 10 mandate that a case be closed once a board recommends retention.  I personally believe that the section 4010.3.h was only intended for cases in which the officer was recommended for separation.  Nonetheless, JAM wants to know whether you intend to waive this section, or alternatively you would like to submit matters.  In the event you would like to submit matter we can the report of BOI early next week.  

R/S
Maj Matt Fahringer  
Deputy SJA, III MEF
DSN 315 622-9475
Comm:  011-81-98-954-9575