| Laura, No doubt he gets back pay at least through tomorrow. All the "bad time" is rendered good time when his conviction is reversed. The next move is up to the command (after the reversal that is expected). If they put him on legal hold pending U.S. v. Sezginalp, Part Deux, he has to go back on the payroll through resolution of the charges, as well. After tomorrow, if they want to adsep him, they have to expedite because he can only be held on active duty pending the nominal out-processing time for a general or honorable discharge, but he is still due pay until separation. They cannot hold him beyond his EAS to involuntarily adsep him recommending OTH. What the SJA seems to be leveraging now is a perceived unwillingness to return to Okinawa to face charges (assuming no one would want to do that), hoping he'll submit the standard (OTH) SILT. And that ain't happenin', as we say in Indiana. I believe the Sez family would hire me to do his retrial, which is going to be contested, unless we get a no BCD, no confinement deal. Or in the alternative, unless they approve a SILT with a general discharge. Hope you're having fun! How's your health and welfare? Might you avail yourself of some free career counseling from me before you make a go/no go decision on a career in the Corps? The older I get, the wiser I get. Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC | Virginia 888.970.0005 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Feb 25, 2010, at 12:39 PM, Bruzzese, Laura R Capt USSOUTHCOM JTFGTMO wrote: Best of luck. Weird coincidence with the timing. A reversal would mean a lot of backpay, even if he did ultimately wind up with a BCD, no? I'll look that up myself - no response necessary. Captain L. R. Bruzzese, USMC Assistant Staff Judge Advocate JTF-GTMO/SJA APO AE 09360 laura.r.bruzzese@jtfgtmo.southcom.mil laura.r.bruzzese@jtfgtmo.southcom.smil.mil DSN: 660-8634 Comm: 011-53-99-8634 -----Original Message----- From: Neal Puckett [mailto:neal@puckettfaraj.com] Sent: Thursday, February 25, 2010 10:59 AM To: gsezginalp@comcast.net Subject: Re: San's enlistment date Feb. 27, 06, 4 yrs Guven, That's my goal, as well. That would be the least costly option for them. Let's hope economics will drive the solution. Thanks for the information. So the end of his period of obligated active duty is actually tomorrow, 26 Feb 2010. Still waiting to hear what the Navy and Marine Corps Court of Criminal Appeals does with his appeal. Will let you know as soon as I hear anything from that court. Please give my greetings to San. Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC | Virginia 888.970.0005 www.puckettfaraj.com The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Feb 25, 2010, at 10:53 AM, gsezginalp@comcast.net wrote: Dear Neal, Thank you for updating us for San's status. FYI. Please find below his enlistment date and length with USMC. Date: Feb. 27 2006 Length: 4 years. I hope his command will release him with no further time and expense to Military and us. We still believe that the correct justice will prevail. Best regards. Guven |