Mr. Faraj, Looks like we are both on an RTC case again. I asked Clady what the command wanted out of this case (he said he had talked to you earlier), and he responded that they would entertain any offers. However, he called me back afterwards, and said that they would specifically entertain an offer under 1910-166. I looked over the section, and basically allows military personal within retirement range to get out with an adsep and keep their retirement. However, how the characterization is kind of murky. OTH is possible, but they look at all the circumstances, including time in service to make the determination. What do you think? It's a senior chief vs. a recruit and sort of her friend. Obviously you are usually going to go with the Senior Chief there. The stuff orders violations afterwards are pretty minor, but don't help. The "touch DNA" bit would probably hurt him. He basically admitted that he had his hands on her bra, panties, and shorts, but that it would have been because they could have been in the unclaimed laundry bin. Let me know you thoughts, and if you need anything from me. Charles C. Gough LT, JAGC, USN Naval Legal Service Office North Central Detachment Great Lakes 2540 Paul Jones Street, Bldg 2, Ste 100 Great Lakes, IL 60088 (847) 688-4753, extension 108 FOR OFFICIAL USE ONLY - Privacy Sensitive - Any misuse or unauthorized disclosure can result in both civil and criminal penalties. NOTICE: This e-mail communication is for the sole use of the intended recipient(s) and may contain unclassified confidential and/or attorney-client privileged information. Any unauthorized disclosure, copying or dissemination of this communication is prohibited. If you are not the intended recipient, please notify the sender by telephone or e-mail and delete all copies received.
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