-----Original Message-----
From: Betz Col Philip J
Sent: Friday, October 14, 2011 12:49
To: 3MAW ALL GROUP CO'S
Subject: ASSISTANCE/REMEDIAL ACTION
Gentlemen--
During a recent presentation by a member of our senior enlisted staff, some comments were made to your NCOs and SNCOs that could be interpreted as indicating that they: (1) should not provide statements or testify on behalf of Marines being administratively separated for misconduct and; (2) That if the NCO or SNCO does provide a statement or testify on behalf of a Marine, he is placing his own character as a Marine in question.
While I believe that the presentation was well-intentioned, these comments can be considered "unlawful command influence" and can have a pervasive and damaging effect on your ability to effectively process administrative discharge boards, conduct courts-martials, and take other actions with regards to Marines who commit misconduct. Further, this is not the philosophy of the Commanding General of this Wing.
As such, remedial action needs to be taken at your level. I request that you inform your NCOs and SNCOs that:
1. NCOs and SNCOs are entitled to provide character statements on behalf of another Marine facing administrative or judicial action if they think that it's appropriate in a particular case.
2. NCOs and SNCOs are entitled to appear as witnesses and testify on behalf of another Marine at administrative discharge boards/courts-martials if they believe that it's appropriate in a particular case.
3. NCOs and SNCOs that sit as panel members on either administrative discharge boards or courts-martial panels are to make decisions based on the facts of the particular case and consistent with current regulation and instructions of the military judge. There is no expectation of a particular result in any case.
4. NCOs and SNCOs will not be subject to any retribution for providing character statements, testifying as witnesses, or sitting as an administrative board or courts-martial member.
5. That there is no expectation within 3d MAW that any case will be treated in any particular fashion and that each will be handled in accordance with appropriate MCO and regulation.
6. That the CG is committed to institutional due process and fairness to all his Marines, this includes affording them all rights which they are entitled.
I appreciate your assistance with this matter.
s/f
PJB
P.J Betz Jr
Staff Judge Advocate
3rd Marine Aircraft Wing