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Clemency ICO U.S. v. Capt Douglas Wacker, USMC



To whom it may concern,

I recently went through a General Court Martial aboard Camp Pendleton, CA, convened by the Commanding General, 3d Marine Aircraft Wing. I was acquitted of all charges except one specification of Art. 133, UCMJ, "Conduct unbecoming an officer and a gentlemen". The members determined my sentence to be "No Punishment" and recommended clemency in the form of setting aside the finding of "guilty" to the Convening Authority. The Convening Authority took final action and approved the sentence of "No Punishment" but denied the request for clemency.

I know that I am in a unique position in regard to the NC&PB. I do not have a right to either direct appeal to NMCCA or mandatory review by NC&PB.

Unfortunately, my detailed defense counsel, Capt Christian Hur, has been moved into a non-judge advocate billet which does not allow him the time to assist me in post-trial matters. I am working with the Regional Defense Counsel to see if I can have another counsel assigned.

I have been reviewing SECNAV INSTRUCTION 5815.3J and am trying to determine if I have the opportunity to request a special review of my case in order to request what the members recommended, to set aside the finding of guilty.

Please let me know if I do have that option available and any necessary paperwork I must submit (or that the Court (Record of Trial) must submit) and any timelines I must file.

If not, please advise on any other course for clemency that I may have.

I have yet to be served with any document requiring a "show cause" hearing at a Board of Inquiry.

Thank you for your time and consideration in this matter. I can be reached via this email, douglas.wacker@usmc.mil; my personal email, douglas.wacker@gmail.com; or by phone at 858-577-6730 (wk) 858-401-9392 (cell).

Very respectfully,

Capt Wacker

Douglas S. Wacker
Captain, USMC
Future Operations Officer
MWHS-3, 3D MAW
douglas.wacker@usmc.mil
Wk: 858-577-6730
DSN: 267-6730
Cell: 858-401-9392

"Don't tell people how to do things, tell them what to do and let them surprise you with their results." ~George S. Patton 



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