Classification: UNCLASSIFIED Caveats: NONE Mr. Faraj, Understood. We are pushing a month. Get them to me asap so we can package accordingly. Best of luck with the GCMs. V/R Brian -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, March 18, 2010 10:49 PM To: Sullivan, Brian J CPT MIL USA Subject: RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED) CPT Sullivan: I promised to get you matters in PV1 Colyer's case by COB Friday. I am in the middle of back to back 39a's in two different General Courts-martial. I am striving to get matters to you by tomorrow. In the event I do not I will have them to you this weekend. I appreciate your patience in this. Vr, Haytham Faraj -----Original Message----- From: Sullivan, Brian J CPT MIL USA [mailto:brian.sullivan8@EUR.ARMY.MIL] Sent: Wednesday, March 17, 2010 11:22 AM To: Haytham Faraj Cc: Rago, Louis B LTC MIL USA; Bacso, Kenneth J MAJ MIL USA; Brunais, David A CPT MIL USA Subject: RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Mr. Faraj: The Brigade Commander was scheduled to make a decision on PV1 Colyer's chapter tomorrow morning. As per your request, he will delay a decision until next Friday, 26 March 2010. IAW AR 635-200, given PV1 Colyer's length of service and the recommended discharge certificate, he is not entitled to a separation board hearing. I can send you the newest version of AR 635-200 if you so desire. The Brigade Commander completed his inquiry into your allegations. He will inform BG Salazar his findings and recommendations. While I am not privy to BG Salazar's intentions, I believe BG Salazar will respond to your letter directly next week. As for matters in rebuttal/mitigation, recommend that you send those to me immediately. On 3 MAR CPT Brunais granted PV1 Colyer a 12-day extension to submit matters in mitigation/rebuttal. He informed you in his email that the chapter packet would be sent through the chain of command at 0900 on 15 MAR. You did not submit matters or issue an additional extension request until after this deadline. When you submit these matters, I will present them to the Co and Bn Cmdrs for consideration, and I will include them in PV1 Colyer's packet when I take it to COL Sinclair for a separation/retention decision next week. I am available 24/7 at the cell phone number below if you want to discuss this further. FYSA, your client was arrested this weekend for driving under the influence of alcohol in violation of host nation law. V/R Brian BRIAN J. SULLIVAN CPT, JA Trial Counsel 172D Infantry Brigade USAG, Grafenwoehr DSN 475-4235 Cell +49 (0)151-235-66497 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, March 15, 2010 4:39 PM To: Sullivan, Brian J CPT MIL USA Cc: Rago, Louis B LTC MIL USA; Bacso, Kenneth J MAJ MIL USA Subject: RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED) Dear Capt Sullivan, I am a civilian attorney and retired JAG officer. I represent PV1 Shane Colyer. In February PV1 Colyer was notified of an intent to administratively Separate. Consequent to his notification and while I was trying to collect character statements to include in his package, I learned that several members of the A/2-28, were intimidated and threatened because they agreed to write favorably for PV1 Colyer. I, then, contacted the division commander BGEN Salazar with my concerns. He wrote back that an inquiry into the matter would be conducted. I have been waiting for the results of the inquiry to be completed before I submit materials. PV1 Colyer is guaranteed a right to due process even in an administrative hearing. When his immediate commander and his First Sergeant, I am specifically referring to CPT Brunais and 1SG Jason Travis, threatened witnesses, he was denied his right to submit favorable matters for consideration by the separation authority. Capt Brunais and 1SG Travis may, as you know, have also violated the UCMJ. I respectfully request that you do not act on the administrative separation package in PV1 Colyer’s case until the inquiry into witness intimidation is complete. I had intended to forward my concerns to the Army IG and Secretary of the Army but determined that I would give the Commanding General and the Brigade Commander the opportunity to look into the matter. As a former military officer I did not like being surprised by learning of negative information about my unit from someone above me. I, therefore, decided to extend that courtesy to the commanders concerned. If you intend to forward the administrative separation package before the inquiry into witness intimidation is complete, I request notification and 24 hours to submit those matters that I currently have in my possession. Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC WASHINGTON DC׀ SAN DIEGO ׀ DEARBORN www.puckettfaraj.com <http://www.puckettfaraj.com/> 888.970.0005 Toll Free 202.280.1039 Fax 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. From: Brunais, David A CPT MIL USA [mailto:david.brunais@eur.army.mil] Sent: Monday, March 15, 2010 8:30 AM To: Haytham Faraj Cc: Rago, Louis B LTC MIL USA; Sullivan, Brian J CPT MIL USA Subject: RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Mr. Faraj, PV1 Colyer's extension went until 0900 this morning, 15 March 2010, as per our previous email, see attachment. I talked to PV1 Colyer and he did not have anything to submit at that time, and I did not receive your email until 1245. I have signed his packet and my Battalion Commander reviewed and signed it two hours after the suspense. It is now being forwarded to our Brigade Legal Section for my Brigade Commander’s review/signature. Please contact CPT Brian Sullivan, Brigade JA, for anything further regarding PV1 Colyer’s separation packet. v/r DAVE BRUNAIS CPT, IN CDR, A/2-28 IN, TF 3-66 AR "APACHE PRIDE" DSN - (314) 475-4038 CELL - 01744013254 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, March 15, 2010 12:45 PM To: Brunais, David A CPT MIL USA USAREUR Cc: Bacso, Kenneth J MAJ MIL USA Subject: 2nd extension request in the matter of Administrative separation PFC Colyer Dear Capt Brunais: I have enclosed a 2nd extension request in the subject matter. The request is necessary because I am still waiting to hear back from BGEN Salazar on the matter of witness intimidation. A response is requested. Respectfully submitted, Haytham Faraj, Esq. PUCKETT & FARAJ, PC WASHINGTON DC׀ SAN DIEGO ׀ DEARBORN www.puckettfaraj.com <http://www.puckettfaraj.com/> 888.970.0005 Toll Free 202.280.1039 Fax 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. Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE
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