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Re: A website comment from Roland Henault



How was your flight, partner!  Glad to be on the ground, I bet!  Did you upgrade to biz class with miles?
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566

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 703-706-9566 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 Jul 12, 2011, at 12:35 PM, Haytham Faraj wrote:

It appears that there has been final agency- Marine Corps- action on this. That means the next step is to challenge the debarment in Federal Court. It is a similar case to the one filed by the ACLU on behalf of Carolyn Martin. I wouldn't touch this without a $10k retainer. Luckily for him, if we prevail, he gets to recover attorney fees. 

Haytham Faraj
Sent from my iPad

On Jul 12, 2011, at 12:21 PM, Puckett Neal <neal@puckettfaraj.com> wrote:

Assessment?  Check out entire email trail from the bottom.  Note the date of original contact with us.  When somebody uses the words, "bi-polar disorder" and " my financial means are limited," I'm usually going to run away.  Fast.

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566

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 703-706-9566 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.

Begin forwarded message:

From: roland henault <rph60@hotmail.com>
Date: July 11, 2011 11:51:59 PM EDT
Subject: RE: A website comment from Roland Henault


Hello Mr. Puckett,
 
I  have been attempting a cost effective solution to a base debarment on Okinawa to no avail.  I attempted two appeals and both times was informed that there is no compelling reason to amend the debarment.  Last year I inquired about limited access for medical treatment and after many months finally received notification that this was conditionally possible.  Based on the wording of the reply and on line research I am of the opinion that medical treatment for retired military is a statutory right that can not normally be denied.  This being the case, considering that it was made clear on both appeals that I am a retired Marine that the decision to uphold the debarment with no provision for access to medical treatment was arbitrary and capricious.  I am currently trying to inquire about emergency room access should a medical condition arise that would make it impractical to make an appointment.  The only answer I have received is that that issue was already addressed implying that only with an appointment I can enter the base for medical treatment.
 
I read somewhere that the debarring authority can be held liable in a civil suit for an arbitrary and capricious judgment.  I have known about this for some time but did not wish to take that course of action except that now I believe that the administrative action imposed on me for my offence is far beyond what is necessary to achieve good order and discipline aboard the bases here in Japan.
 
My financial means are limited but I can pay the $100.00 for a consultation if you believe I stand a fighting chance at this.
 
I was medically retired in 1995 and placed on TDRL for depression.  Later I was placed on the permanent disability list at 30% for bi-polar disorder.  I have been administered numerous meds that were mood stabilizers that I believe modified behavior.  The side effects of these meds were severe to varying degrees and shortly after suffering a seizure while driving that was attributed to the meds I refused further treatment as I believed the meds were killing me.  All this time I had been undergoing screening for chemicals in my system.  AFter refusing treatment to deal with the cold turkey effects I began smoking marijuana which relieved nearly all the symptoms of my original diagnosis.  I eventually got busted when the Japanese police showed up at my off base residence with a search warrant and the rest is history.
 
I am and have been clean since being released from pre-trail confinement and are self employed which enables me do modify my work schedule to deal with the bi-polar issues without meds.  I deal with confusion, and difficulty concentrating and sleep disorders but all these issues are still 10 fold better than the side effects from the meds I was given.  I would take my own life before I would go back to that treatment.
 
Sir...  I just want a chance to get my life back in order and to make a reasonable living which is nearly impossible with the debarment.  If a civil suit is an option I don't need anything from any potential settlement.  Just the ability to earn an honest wage would be good enough for me. 
 
Please let me know if there is anything that can be done.
 
Sincerely,
Roland Henault
81-903-793-1722  

Subject: Re: A website comment from Roland Henault
From: neal@puckettfaraj.com
Date: Sat, 3 Oct 2009 13:48:37 -0400
CC: marcy@puckettfaraj.com
To: rph60@hotmail.com

Mr. Henault,
Since apparently there is no external deadline we're trying to meet, I think it best if you mail the entire file, along with a check for $100.00, made payable to The Law Firm of Puckett & Faraj, PC.  We'll evaluate your case and recommend a course of action, if applicable.  The mailing address is: 
The Law Firm of Puckett and Faraj, PC 
2181 Jamieson Ave 
Suite 1505 
Alexandria, VA 22314
Thank you,
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | San Diego
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 Oct 3, 2009, at 1:30 PM, roland henault wrote:

Thank you Sir for your reply.
 
Please advise me on the preferred method of payment so that we may proceed. 
 
Respectfully,
Roland Henault

 

 

Subject: Re: A website comment from Roland Henault
From: neal@puckettfaraj.com
Date: Thu, 1 Oct 2009 11:37:42 -0400
To: rph60@hotmail.com

Mr. Henault,
Thank you for your Marine Corps service.  We would be glad to assess your case for a fee of $100.00.  If you agree, once we receive that fee and a complete copy of your files on the matter, we'll give you an opinion as to what would be required to prepare and file your appeal and how much that would cost.
Semper fi,
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | San Diego
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 Oct 1, 2009, at 10:16 AM, no-reply@puckettfaraj.com wrote:

a form has been submitted on October 1, 2009, via: /contact-us/ [IP 221.68.178.33]
Your NameRoland Henault
Emailrph60@hotmail.com
Contact number81-903-793-1722
MessageDear Sir, 

I am a medically retired Marine residing in Okinawa, Japan. Approximately 4 years ago I was debarred from US Marine Corps bases in Japan for a period of 20 years. I have made two attempts to appeal the debarment without success. After the last appeal I made three attempts to requested information on how to request a formal hearing from Marine Corps Base, Camp Butler IG with no reply. 

I believe I have a reasonable case mitigating the circumstances that placed me in this situation supported by two endorsments from senior active duty Marines. One is retiring on 15 October. Based on the wording of the notice of disapproval and the fact that no attempt was made to contact myself or the Marines who endorsed my appeal, I am of the opinion that the appeal is not being seriously entertained. 

I am prepared to provide copies of my appeal and pertinent information on request and also prepared to pay for legal services. Any assistance you can provide will be greatly appeciated. 

Sincerely, 
Roland Henault 
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