Josh, What they are saying is that they are investigating the allegations raised by your Article 69b complaint. Once that investigation concludes, your complaint will be forwarded up the chain with General Bailey at MCRD endorsing or not endorsing the recommendation. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Joshua Hawk [mailto:mrhawk33@gmail.com] Sent: Monday, January 24, 2011 14:20 To: Hur Capt Christian P Subject: Fwd: RESPONSE TO YOUR INQUIRY OF CMC Can you translate this Sent from my iPhone Begin forwarded message: From: "Francis LtCol Leon J" <leon.j.francis@usmc.mil> Date: January 24, 2011 1:32:00 PM PST To: <mrhawk33@gmail.com> Cc: "Ewers Col John R" <john.ewers@usmc.mil>, "Parsons Maj Breven C" <breven.parsons@usmc.mil>, "Jamison Col Mark K" <mark.jamison@usmc.mil>, "Houtz Maj Pete D" <pete.houtz@usmc.mil> Subject: RESPONSE TO YOUR INQUIRY OF CMC 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
Attachment:
smime.p7s
Description: S/MIME cryptographic signature