Fwd: RESPONSE TO YOUR INQUIRY OF CMC

Mr. Hawk,

See below response from Code 20, per your request.

s/f
LtCol Francis

-----Original Message-----
From: Nelson, Jonathan N Maj, USMC, OJAG Code 20 [mailto:jonathan.n.nelson@navy.mil]
Sent: Wednesday, June 22, 2011 15:01
To: Francis LtCol Leon J
Cc: Harrison, Dave M CAPT OJAG, CODE 20; Vincent, Robert E CDR OJAG, CODE 20
Subject: RE: RESPONSE TO YOUR INQUIRY OF CMC

LtCol Francis,
Hawk's appeal was received at Code 20 on 24 Feb, but several other cases were in the queue ahead of his at the time. As of 16 June, the case was assigned to the reservist who will review it. I anticipate that his review and the subsequent action on behalf of the JAG will be complete by the end of August, if not sooner.
V.r.,
Maj Nelson

-----Original Message-----
From: Harrison, Dave M CAPT OJAG, CODE 20
Sent: Wednesday, June 22, 2011 14:55
To: Nelson, Jonathan N Maj, USMC, OJAG Code 20
Cc: Vincent, Robert E CDR OJAG, CODE 20
Subject: FW: RESPONSE TO YOUR INQUIRY OF CMC

Jon:

Please provide LtCol Francis with an update.

Thanks,

David M. Harrison
CAPT, JAGC, U.S. Navy
Director, Criminal Law Division (Code 20)
Office of the Judge Advocate General
(202) 685-7057

FOR OFFICIAL USE ONLY / PRIVACY SENSITIVE / ATTORNEY WORK PRODUCT.

-----Original Message-----
From: Francis LtCol Leon J [mailto:leon.j.francis@usmc.mil]
Sent: Wednesday, June 22, 2011 13:15
To: Harrison, Dave M CAPT OJAG, CODE 20
Subject: FW: RESPONSE TO YOUR INQUIRY OF CMC

Sir,

Do you have an update on Mr. Hawk's Art. 69b appeal? Thanks.

s/f
Leon

-----Original Message-----
From: joshua hawk [mailto:mrhawk33@gmail.com]
Sent: Wednesday, June 22, 2011 11:42
To: Francis LtCol Leon J
Subject: Re: RESPONSE TO YOUR INQUIRY OF CMC

LtCol Francis,

I spoke with you in March in regards to my 69B appeal in which you stated it had been received by the code 20. I was just curious what the process is, and how long the review takes once the code 20 receives it, its now been 4 months and I havent heard anything. I know you have alot of pending obligations, I was just hoping you could shed some light on this for me. Thanks in advance for your time Sir.

Joshua Hawk

On Mon, Jan 24, 2011 at 1:32 PM, Francis LtCol Leon J <leon.j.francis@usmc.mil> wrote:

Mr. Hawk,

The Commandant of the Marine Corps is in receipt of your e-mail dated 19 January 2011 and has asked that I respond on his behalf. I am the Head of the Military Justice Branch, Judge Advocate Division, Headquarters Marine Corps. I have read the e-mail you sent to General Amos. It appears from your e-mail you contacted the Commandant inquiring about the status of your appeal of your special court-martial conviction.

Based upon your inquiry, I contacted the Staff Judge Advocate, Marine Corps Installations West (SJA, MCI-W) for a status update on your case. The SJA, MCI-W has been tasked with preparing the endorsement of the Commanding General, Marine Corps Recruit Depot, San Diego (MCRD) for your appeal. It is my understanding you submitted, via your counsel, an appeal of your special court-martial conviction pursuant to Article 69b of the Uniform Code of Military Justice. The procedures for routing and handling such appeals is outlined in Section 0162 of the Manual of the Judge Advocate General (JAGMAN). It is my understanding you chose to submit your appeal via your chain of command at the time of the court-martial. As a result, the Commanding General of that command is required to comment on the grounds for relief asserted in the appeal and provide an opinion on its merits. Based upon my discussion with the SJA, MCI-W, an inquiry is currently in progress into your allegations of undue command influence. Your appeal will not be forwarded until this inquiry is completed.

Once the Commanding General, MCRD, signs his endorsement the appeal will be forwarded to Code 20, Office of the Judge Advocate General for final decision.

If you have any further questions, please do not hesitate to contact me.

V/R
LtCol Leon J. Francis
Head, Military Justice Branch
Judge Advocate Division
Headquarters Marine Corps
(703)614-4250 <tel:%28703%29614-4250>