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RE: Maj Card request to SJA for more time

Sorry, I haven't called...
If you'd like to catch-up with the discussion (i.e., where we are, now), you can see the latest in the attached msg.

Major Ted Card, USMC
C.OPS, G3, IMEF


-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Friday, July 29, 2011 4:58
To: Card Maj Edward T
Subject: RE: Maj Card request to SJA for more time

You may call me today if you wish.  I have better availability in the
afternoon.  I am on the east coast.

-----Original Message-----
From: Card Maj Edward T [mailto:edward.card@usmc.mil] 
Sent: Thursday, July 28, 2011 10:16 PM
To: Daly Maj Alison L
Cc: Workman Maj Adam J; Baehr Capt James S; Barnett Capt Brandon W; Greeley
Maj Edward C; Hanson Col Steven M; haytham@puckettfaraj.com
Subject: Maj Card request to SJA for more time

From:  Maj Ted Card (IMEF/G3/COPS)
  To:  Maj Daly (IMEF/D.SJA)
Info:  Colonel Hanson (CO/IMHG); Maj Greeley (XO/IMHG)
       Maj Adam Workman(LSST-D); Capt Barnett (CMC/JAM)
       Haytham Faraj, Esq.

On Monday morning (the 25th), I had acknowledged receipt of a NIPRnet eMail
msg from CMC/JAM(Capt Barnett), which had been sent (the 21st).  Please
refer to the message below and/or the attached Adobe .PDF Doc (entitled
"20110722_Ackn..."), as necessary.

In his eMail message below, Capt Barnett(CMC/JAM) informs me that I "may
request additional time [beyond the allotted 10 days] to compile ... matters
for submission," in support of my promotion.  He also informed me that "such
a request should be routed via [my] chain of command to [my] SJA."

**Major Daly, with this eMail msg (and eventually, you'll receive
'hard-copy' correspondence), I am requesting SJA (and, the CMC/JAM) please
afford me additional time, so that I may better ensure that I am
professionally qualified to be a Lieutenant Colonel.  

How much time do I need?  Major Card requests sixty (60) days, IOT compile
matters for submission, etc.

Today, I am Routing the attachment (entitled "20110728_Request ...") to
IMEF/SJA via the Commanding Officer of I MHG.

Respectfully,
Major Ted Card, USMC
C.OPS, G3, IMEF

-----Original Message-----
From: Card Maj Edward T 
Sent: Monday, July 25, 2011 9:31
To: Barnett Capt Brandon W
Cc: Daly Maj Alison L; Catto Capt Eric A; Trosset Sgt Brenda R; Allen Col
David F; Griffin Col James H; Hanson Col Steven M; Greeley Maj Edward C;
Workman Maj Adam J
Subject: Maj Card acknowledges receipt of CMC(JAM) ltr 1420

From:  Major Edward Thomas Card, Jr., 2352/0302 USMC
To:    Commandant of the Marine Corps (JAM) 
       (ATTN:  Captain B. W. Barnett, Judge Advocate Division)
Info:  CO, IMHG (Colonel Hanson)
       XO, IMHG (Major Greeley)
       Deputy SJA, IMEF (Major Daly)
       Defense Counsel (Major Workman)
       COPSO, G3, IMEF (Colonel Allen)
       Dep.COPSO, G3, IMEF (Colonel Griffin)

1.  I acknowledge receipt of CMC ltr 1420 JAMP of 19 Jul 11 (refer to
attached .PDF) on 22 July 11.

2.  I intend to submit matters to the Commandant of the Marine Corps (JAM),
requesting removal of the promotion delay; as the I MEF Commanding General
has concluded that the allegation of misconduct made against me is
unsubstantiated.  Further, I shall also be requesting that SECNAV establish
my Date-of-Rank as 1 July 10.

3.  I understand that all of the information, which I decide to submit, must
be provided within 10 days of the date of this acknowledgement.  Your
letter, mentioned in Par. 1., is dated 19 July and, was received as an
attachment to an email on Thursday, 21 July 11 at 1109 (PST).

4.  This week, I shall submit matters in support of promotion to my
chain-of-command, through the CG/IMEF, as instructed.

Respectfully,
Major Ted Card, USMC
C.OPS, G3, IMEF

-----Original Message-----
From: Barnett Capt Brandon W 
Sent: Thursday, July 21, 2011 11:09
To: Card Maj Edward T
Cc: Daly Maj Alison L; Catto Capt Eric A; Trosset Sgt Brenda R
Subject: Notice and Comment ICO Maj Card

Your administrative or disciplinary case was closed by CG, I MEF on 16 May
2011 - you will find a scanned copy of the CG's letter enclosed after your
new notice and comment letter.

Action:
You will find your notice and comment letter regarding your promotion delay
attached herein.  Page 3 is the acknowledgement of receipt of this notice
and comment letter.  You may confer with counsel regarding this matter and
then please return the acknowledgement (either the scan or the original)
directly to me by fax or PDF.  Once you inform me of your intention to
submit matters in support of your promotion case, I will hold your case open
pending the receipt of your matters and chain of command endorsements.  You
have 10 days to submit any matters in support of your promotion to your
chain of command - you may request additional time to compile your matters
for submission - such a request should be routed via your chain of command
to your SJA.  Your command will endorse the promotion matters you submit and
forward the package through the first CG in your chain, and then the package
will be forwarded to me.

Timeline: 
The following is an abbreviated summary of events.  After receiving your
matters and command endorsements, the executive summary that SJA to CMC
signs is drafted and the entire package is sent to MMPR for routing and
appropriate action.  While at MMPR, the package gets routed through the
Director, Manpower Management, Deputy Commandant for Manpower and Reserve
Affairs, Director, Marine Corps Staff, ACMC and then to CMC (this group of
officers is known as the Adverse Material Advisory Board or the AMAB).  CMC
makes the recommendation on behalf of USMC to SECNAV.  Then the promotion
package goes to Navy JAG for legal sufficiency review and then it is
forwarded to SECNAV for his decision.  If SECNAV approves the promotion
recommendation, he will remove your promotion delay and establish your date
of rank and forward your promotion package to OSD for final approval.
Alternatively, SECNAV is the removal authority for your promotion list and
if SECNAV decides to remove you from the promotion list your promotion
package will not be routed any higher.  I have attached an estimated
timeline for your benefit:

1-2 weeks for executive summary and SJA to CMC to sign
6-8 weeks for CMC to sign
4-5 weeks for Navy JAG to sign
2-3 weeks for SECNAV to decide
1-2 weeks for DEPSECDEF to approve SECNAV?s determination

You should know that this timeline starts once I have your matters and
requisite chain of command endorsements. 

Promotion date: 
SECNAV may find you qualified for promotion (and may promote you in
accordance with your projected promotion date); or, SECNAV may find you
qualified for promotion (and may adjust your DOR for any period that he
determines you were not qualified for promotion); or, SECNAV may find you
unqualified for promotion and remove you from the promotion list.  

How will you find out? 
Should SECNAV decide to promote you, the CMC to SECNAV memorandum will
determine your promotion date (which may be backdated to your original
projected promotion date).  The SECNAV letter will then be forwarded via
your chain of command back to you via MMPR.  Typically, electronic notice
travels in advance of the letter to your chain of command via your Chief of
Staff.  

Can Capt Barnett tell me about the promotion decision? 

No.  I usually get a copy of the correspondence which closes your promotion
case about two to four weeks after the promotion decision has been made.  I
will not be able to tell you or your chain of command what the promotion
decision was, that information is not releasable by me or Judge Advocate
Division.

Please let me know if you have any additional questions.

Very Respectfully,

Brandon W. Barnett
Captain, U.S. Marine Corps
Judge Advocate Division
HQMC - Pentagon
(703) 693-9004
brandon.w.barnett@usmc.mil 
--- Begin Message --- 
Adam - 

There is a reason I am asking for 26 September... it's a good reason; I will not be prepared to submit matters by 15 August.  Certainly, I'm comfortable talking about my reasons with you; but, I'm not going to justify myself to Daly; because, it's none of her business.  And, I'd prefer not to repeatedly engage in these circular arguments with IMEF/SJA; so, rather than getting a second extension, why can't everyone just wait for 60 days?  

Adam, why is it that my life gets to be crushed for more than 2 years, now; yet, CMC(JAM) who was in NO hurry to get the legal proceedings over with, is now acting as if they're breathlessly waiting for me to submit matters....???

Adam, here's what I think about letters of recommendation...  
I'm proud to say, I've never had to ask for a Letter of Recc. for anything...  
Personally, I don't believe in them (although, I am fully cognizant that I'm a lonely minority).  

What I believe (what I think) is that one's record and past performance should stand on its own.  I think Letters of Recc. only add a distasteful advantage over other qualified people within a selection processes.  I wish we (e.g., mother-Marine Corps) would just get rid of Ltrs of Recc.; because, including them in a selection process unnecessarily obligates General Officers to waste their time by writing them.

Further, I'm pretty sure that the ACMC is somewhere in this chain of beaurocracy[sp?] that these matters (the Ltr I'll submit) will be traversing on their way up to SECNAV.  The ACMC is General Dunford - the General officer, to whom I am closest to, in our Marine Corps.  I served alongside him (as either one of his Rifle Company Commanders, his Staff Sec, or his CG's Aide) from July 2002 through July 2004.  Since then, we have exchanged informal correspondence on a very infrequent basis; though, he is fully aware of my current situation.  I would think that he'd be thankful and pleased with me that I never dragged him into this - I could have... he was the RS for me, at the time the alleged murder would have taken place.  Anyway, 'matters' would have to be endorsed/reviewed by him, right?  So, why should he give me a Ltr of Recc.?

I thought it might be valuable to SECNAV to examine my performance since I was initially made aware of the suspicion; e.g., did I turn into any ass, after I was initially detained in June '09?  Well, the best person to do that might be Brigadier General Lori Reynolds.  As a Colonel she was my RO/RS from June '09 to April '11 - she likes me a lot, and she said (before she departed for MCRDPI) that I could ask for anything, anytime.

I don't know why it would help my case to get a Ltr of Recc. from a G.O. whom I worked for when I was Captain or Major, though; because, they've already discussed my "moral & professional qualifications" in the Fitness Reports, which are in my OMPF.

Please realize that I'm very open to suggestions... the text above, is just my own twisted logic...

Major Ted Card, USMC
C.OPS, G3, IMEF


-----Original Message-----
From: Workman Maj Adam J 
Sent: Friday, July 29, 2011 17:31
To: Card Maj Edward T
Subject: RE: IMEF/D.SJA denies 60day extension

Ted,

Let's do what we can by the 15th.  If we won't have it done by then, we'll ask for another extension.  What do you think?  What do you think about my earlier email and soliciting the letters?  If we can get this done by the 15th we will only get you promoted that much sooner.  I am not suggesting we rush anything, but I would like to try and complete this as soon as possible so we can get you wearing that silver oak leaf that you so duly deserve.

V/r

Adam

-----Original Message-----
From: Card Maj Edward T 
Sent: Friday, July 29, 2011 17:20
To: Workman Maj Adam J; Daly Maj Alison L
Subject: IMEF/D.SJA denies 60day extension

Adam, thank you for your note, and for forwarding Major Daly's response.  
I had thought to include you as an Addressee for the original note to D.SJA; because, I had wanted you to be aware of my request for an extension beyond the allotted 10-days to compile and submit matters, in support of promotion.

Maj Daly, I may need the sixty days, due to professional demands.  I am transitioning again back to G3/COPS from IMHG.  Please reconsider my request to IMEF/SJA (and, CMC(JAM)) to set a suspense date of 26 September; this would be very helpful to me.  

Major Daly, for more than two (2) years, I've dutifully served while enduring this formal Legal process.  Now, I'm requesting a mere sixty (60) days before throwing myself at the feet of the Secretary of the Navy, and asking him to promote me to a grade, for which I was already selected in February 2009.  In contrast to your (and, perhaps CAPTAIN Barnett's [?] CMC(JAM)) opinion, I do not think my request is excessive.

Major Daly, I respectfully request IMEF/SJA set a suspense date of 26 September, for the submission of matters to CMC(JAM) ISO promotion to Lieutenant Colonel.

Respectfully,
Major Ted Card, USMC
C.OPS, G3, IMEF


-----Original Message-----
From: Workman Maj Adam J 
Sent: Friday, July 29, 2011 13:41
To: Card Maj Edward T
Subject: FW: Maj Card request to SJA for more time

Ted,

No worries about the extension here, we are going to be able to get this done.  I think it would be very helpful to put two or three letters of recommendation in your package.  Preferably from O6/+.  You identified an impressive list of character witnesses going into the 32, would you feel comfortable contacting them for this?  I will contact them with your permission if you do not feel comfortable doing so.  The focus here is "moral and professional qualifications."  I don't think we need anyone from your current chain of command to write a letter since they will be preparing endorsements.  Let me know what you think.

V/r

Adam

-----Original Message-----
From: Daly Maj Alison L 
Sent: Friday, July 29, 2011 13:36
To: Workman Maj Adam J
Cc: Greeley Maj Edward C; Barnett Capt Brandon W
Subject: RE: Maj Card request to SJA for more time

Good Afternoon Maj Workman,
I confirmed with JAM that an extension is acceptable.  However, 26 September, is excessive without specific reasoning.
Based on our phone conversation, Maj Card, may submit matters after the allotted 10 day time limit.  
Specifically, Maj Card should submit his matters NLT Monday, 15 August, 2011 directly to the XO, MHG for endorsement.
Let me know your questions or concerns.
SF,
Maj Daly

Major Alison Daly, USMC
Deputy Staff Judge Advocate 
I Marine Expeditionary Force 
(760)725-9289 DSN: 365
BlackBerry (760)846-4070


-----Original Message-----
From: Card Maj Edward T 
Sent: Thursday, July 28, 2011 19:16
To: Daly Maj Alison L
Cc: Workman Maj Adam J; Baehr Capt James S; Barnett Capt Brandon W; Greeley Maj Edward C; Hanson Col Steven M; Haytham Faraj (haytham@puckettfaraj.com)
Subject: Maj Card request to SJA for more time

From:  Maj Ted Card (IMEF/G3/COPS)
  To:  Maj Daly (IMEF/D.SJA)
Info:  Colonel Hanson (CO/IMHG); Maj Greeley (XO/IMHG)
       Maj Adam Workman(LSST-D); Capt Barnett (CMC/JAM)
       Haytham Faraj, Esq.

On Monday morning (the 25th), I had acknowledged receipt of a NIPRnet eMail msg from CMC/JAM(Capt Barnett), which had been sent (the 21st).  Please refer to the message below and/or the attached Adobe .PDF Doc (entitled "20110722_Ackn..."), as necessary.

In his eMail message below, Capt Barnett(CMC/JAM) informs me that I "may request additional time [beyond the allotted 10 days] to compile ... matters for submission," in support of my promotion.  He also informed me that "such a request should be routed via [my] chain of command to [my] SJA."

**Major Daly, with this eMail msg (and eventually, you'll receive 'hard-copy' correspondence), I am requesting SJA (and, the CMC/JAM) please afford me additional time, so that I may better ensure that I am professionally qualified to be a Lieutenant Colonel.  

How much time do I need?  Major Card requests sixty (60) days, IOT compile matters for submission, etc.

Today, I am Routing the attachment (entitled "20110728_Request ...") to IMEF/SJA via the Commanding Officer of I MHG.

Respectfully,
Major Ted Card, USMC
C.OPS, G3, IMEF

-----Original Message-----
From: Card Maj Edward T 
Sent: Monday, July 25, 2011 9:31
To: Barnett Capt Brandon W
Cc: Daly Maj Alison L; Catto Capt Eric A; Trosset Sgt Brenda R; Allen Col David F; Griffin Col James H; Hanson Col Steven M; Greeley Maj Edward C; Workman Maj Adam J
Subject: Maj Card acknowledges receipt of CMC(JAM) ltr 1420

From:  Major Edward Thomas Card, Jr., 2352/0302 USMC
To:    Commandant of the Marine Corps (JAM) 
       (ATTN:  Captain B. W. Barnett, Judge Advocate Division)
Info:  CO, IMHG (Colonel Hanson)
       XO, IMHG (Major Greeley)
       Deputy SJA, IMEF (Major Daly)
       Defense Counsel (Major Workman)
       COPSO, G3, IMEF (Colonel Allen)
       Dep.COPSO, G3, IMEF (Colonel Griffin)

1.  I acknowledge receipt of CMC ltr 1420 JAMP of 19 Jul 11 (refer to attached .PDF) on 22 July 11.

2.  I intend to submit matters to the Commandant of the Marine Corps (JAM), requesting removal of the promotion delay; as the I MEF Commanding General has concluded that the allegation of misconduct made against me is unsubstantiated.  Further, I shall also be requesting that SECNAV establish my Date-of-Rank as 1 July 10.

3.  I understand that all of the information, which I decide to submit, must be provided within 10 days of the date of this acknowledgement.  Your letter, mentioned in Par. 1., is dated 19 July and, was received as an attachment to an email on Thursday, 21 July 11 at 1109 (PST).

4.  This week, I shall submit matters in support of promotion to my chain-of-command, through the CG/IMEF, as instructed.

Respectfully,
Major Ted Card, USMC
C.OPS, G3, IMEF

-----Original Message-----
From: Barnett Capt Brandon W 
Sent: Thursday, July 21, 2011 11:09
To: Card Maj Edward T
Cc: Daly Maj Alison L; Catto Capt Eric A; Trosset Sgt Brenda R
Subject: Notice and Comment ICO Maj Card

Your administrative or disciplinary case was closed by CG, I MEF on 16 May 2011 - you will find a scanned copy of the CG's letter enclosed after your new notice and comment letter.

Action:
You will find your notice and comment letter regarding your promotion delay attached herein.  Page 3 is the acknowledgement of receipt of this notice and comment letter.  You may confer with counsel regarding this matter and then please return the acknowledgement (either the scan or the original) directly to me by fax or PDF.  Once you inform me of your intention to submit matters in support of your promotion case, I will hold your case open pending the receipt of your matters and chain of command endorsements.  You have 10 days to submit any matters in support of your promotion to your chain of command - you may request additional time to compile your matters for submission - such a request should be routed via your chain of command to your SJA.  Your command will endorse the promotion matters you submit and forward the package through the first CG in your chain, and then the package will be forwarded to me.

Timeline: 
The following is an abbreviated summary of events.  After receiving your matters and command endorsements, the executive summary that SJA to CMC signs is drafted and the entire package is sent to MMPR for routing and appropriate action.  While at MMPR, the package gets routed through the Director, Manpower Management, Deputy Commandant for Manpower and Reserve Affairs, Director, Marine Corps Staff, ACMC and then to CMC (this group of officers is known as the Adverse Material Advisory Board or the AMAB).  CMC makes the recommendation on behalf of USMC to SECNAV.  Then the promotion package goes to Navy JAG for legal sufficiency review and then it is forwarded to SECNAV for his decision.  If SECNAV approves the promotion recommendation, he will remove your promotion delay and establish your date of rank and forward your promotion package to OSD for final approval.  Alternatively, SECNAV is the removal authority for your promotion list and if SECNAV decides to remove you from the promotion list your promotion package will not be routed any higher.  I have attached an estimated timeline for your benefit:

1-2 weeks for executive summary and SJA to CMC to sign
6-8 weeks for CMC to sign
4-5 weeks for Navy JAG to sign
2-3 weeks for SECNAV to decide
1-2 weeks for DEPSECDEF to approve SECNAV's determination

You should know that this timeline starts once I have your matters and requisite chain of command endorsements. 

Promotion date: 
SECNAV may find you qualified for promotion (and may promote you in accordance with your projected promotion date); or, SECNAV may find you qualified for promotion (and may adjust your DOR for any period that he determines you were not qualified for promotion); or, SECNAV may find you unqualified for promotion and remove you from the promotion list.  

How will you find out? 
Should SECNAV decide to promote you, the CMC to SECNAV memorandum will determine your promotion date (which may be backdated to your original projected promotion date).  The SECNAV letter will then be forwarded via your chain of command back to you via MMPR.  Typically, electronic notice travels in advance of the letter to your chain of command via your Chief of Staff.  

Can Capt Barnett tell me about the promotion decision? 

No.  I usually get a copy of the correspondence which closes your promotion case about two to four weeks after the promotion decision has been made.  I will not be able to tell you or your chain of command what the promotion decision was, that information is not releasable by me or Judge Advocate Division.

Please let me know if you have any additional questions.

Very Respectfully,

Brandon W. Barnett
Captain, U.S. Marine Corps
Judge Advocate Division
HQMC - Pentagon
(703) 693-9004
brandon.w.barnett@usmc.mil

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--- End Message ---

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