Re: IG/BCNR Statement

Based on what you have read, do you believe I have a valid complaint?

Sent from my Verizon Wireless BlackBerry

From: Haytham Faraj <haytham@puckettfaraj.com>

Date: Mon, 30 May 2011 10:32:25 -0400

To: 'Mack Waters'<mackh2os@yahoo.com>

Subject: RE: IG/BCNR Statement

I donât think I can finish this today. I didnât realize there were this many pages. In any event, if youâre objective is a delay the discharge, this is unlikely to do it. I doubt anyone cares that much to read it today and even if someone did, the IG has no authority to stop your separation; only the separation authority does. You need to get the attention of someone at Counselâs office at the SECNAV level. If you canât do that, the other option is filing an emergency injunction in Federal Court at U.S. District, Washington DC. As I said I am traveling today to I only have another hour or so to work on this. Consider your options and let me know. We can probably get the injunction drafted and filed today but no guarantees. Tully may be able to do it as well. You need to let me know quickly.

From: Mack Waters [mailto:mackh2os@yahoo.com]
Sent: Sunday, May 29, 2011 11:38 PM
To: haytham@puckettfaraj.com
Subject: IG/BCNR Statement

As requested. Typed four days, non-stop. I am out of town at moment. I still need to add references and footnotes at bottom. If you need any documents for clarity, let me know.

Thank you for doing this. Mack

From: Haytham <haytham@puckettfaraj.com>
To: Mack Waters <mackh2os@yahoo.com>
Sent: Sun, May 29, 2011 11:33:46 AM
Subject: Re: Intent to Request Mast

Please try to get the statement to me by early Monday morning. I'll be traveling in the afternoon.

Haytham Faraj

Sent from my iPhone

On May 29, 2011, at 10:05 AM, Mack Waters <mackh2os@yahoo.com> wrote:

FYI: my letter of intent to IG of Marine Corps. Given the holiday, I'm submitting it to the IG Hotline email address. Mack
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Office of the Inspector General (IG):

My name is LtCol McClendon "Mack" Waters, and I am scheduled to retire from active duty on 01 June 2011.

Per Marine Corps order, I am invoking my right to Request Mast. Because my grievances involve immediate higher headquarters and the general court martial authority (GCMA) in my chain of command, and because some concerns are systemic in nature, I request permission to appear before the IG of the Marine Corps.

In December 2010, I submitted a voluntary retirement request in lieu of a board of inquiry after CG, MCCDC imposed NJP on me for Article 133 (Conduct Unbecoming). On 04 April 2011, Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved CG, MCCDC and DC, M&RA endorsements recommending that I be retired in a lesser grade.

I have reason to believe my case was mishandled at multiple levels. I intend to address potential procedural defects via the Board of Corrections for Naval Records (BCNR) process. However, new information--recently provided to my counsel by a key witness--raises concerns of possible prejudicial activity and unlawful command influence by individuals responsible for handling and disposing of my case. Also, the new information provided and items addressed in my draft BCNR package may identify systemic problems regarding Marine Corps ethics, policy, and law when conducting the investigative, disciplinary, and separation processes. Consequently, I intend to submit a formal complaint seeking IG of the Marine Corps action.

My active duty time is quickly waning, exacerbated by the long holiday weekend. Therefore, I request immediate instructions on the best tack. Please advise on whether or not my retirement orders should be held in abeyance until this issue is resolved.

My administrative headquarters, Marine Cryptologic Support Battalion, Fort Meade, Maryland, has been informed of my pending Request Mast.

Respectfully,

M. N. WATERS, III
Lieutenant Colonel, USMC
(240) 319-6962