Chris, I want to leave out any implication that we have heard word about clemency. I don't want the SJA to be turned off because he thought he had relayed info in confidence and it got back to me. I would recommend something to the effect of this: Sir, As counsel for Capt Wacker, I write this to you on his behalf. In our preparations for the RCM 1107 final action by the convening authority in U.S. v. Wacker, we are awaiting receipt of your RCM 1106 recommendation letter. We have previously provided to you the letters from the members in respect to clemency for Capt Wacker. Based on the member's official sentence of "No Punishment" in addition to the member's written recommendations, we believe that a Non-Punitive Letter of Caution (NPLOC) is appropriate to reprimand Capt Wacker for any and all misconduct perceived in reference to the charges brought against Capt Wacker. A Non-Judicial Punishment would only serve to cause Capt Wacker future problems and delays in putting his life back together and prevent him and his family from moving on from this unfortunate event. Capt Wacker is willing to write the letter of apology to USD as suggested by the members on the grounds that his character was put into question and he was found by the members to have brought discredit upon the Marine Corps in his conduct as a gentlemen and officer of Marines. In light of the circumstances of the misconduct by Government officials at MCRD in Capt Wacker's case as well as other servicemembers' cases, the fact that he has faced a school board hearing, civilian criminal charges, and a general court martial on the substantive offenses of rape and sexual assault--and found not guilty or not responsible at each level, we ask that you view the past four years of service Capt Wacker has provided to the Marine Corps, despite limitations on billet assignments and circumstances which have and will continue to have an adverse effect on his career as punishment already served. If you are waiting on any further material from the court, please advise us as we may assist in the matter, so that we can conclude this case. Very respectfully, Capt Hur 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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