That sounds good to me,will the fact that it's only an inquiry change the outcome of the appeal process.
Sent from my iPhone I found out 5 days ago that this is not an IG investigation but a mere inquiry. IG investigations are far more formal. That means to me that they didnât take this seriously. I will be back in San Diego in 10 days and Iâll be there for 2 week. If youâre in the area I recommend we meet in Capt Hurâs office. The only other thing to be done at this point is to file a federal law suit against Smith. From: Joshua Hawk [mailto:mrhawk33@gmail.com]
Sent: Thursday, February 10, 2011 12:13 AM
To: Haytham
Subject: Re: RESPONSE TO YOUR INQUIRY OF CMC Coming up on 3 weeks Monday, wanted to get your advice on what actions I can take next. I know your busy, if you get a chance, I would appreciate it. I'll call you shortly. Sent from my iPhone Can you explain to me what this means
Sent from my iPhone 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
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