Capt Wacker, Sorry, but I can't give any advisory opinions. v/r LtCol Michael "Dan" Mori Senior Military Judge Hawaii District, Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 808-257-3526 Cell: 858-774-8461 -----Original Message----- From: Wacker Capt Douglas S Sent: Thursday, April 01, 2010 13:25 To: haytham@puckettfaraj.com; neal@puckettfaraj.com; Hur Capt Christian P; Shaw Maj Christopher B; Grimm Capt Joseph I; Mori LtCol Michael D; Lee Maj Kenneth A Subject: US v. Serianne Gentlemen, I received a task by the XO, Maj Marisa Serano, to do some research into the requirement for self-reporting civilian arrests/convictions and command action in regard to alcohol-related incidents, particularly in regard to DUI/Wet & Reckless/Dry & Reckless. I came across ALNAV 080/96 and 067/08 (http://www.npc.navy.mil/NR/rdonlyres/F13642F0-A621-49ED-91B9-675BC7528B31/0/ALN08067.txt) and the case U.S. v. Serianne, NMCCA 200900330 (25 Nov 09) http://www.jag.navy.mil/courts/documents/archive/2009/Serianne%20%20D.W.%20200900330%20pub.pdf. ALNAV 067/08 sets in force lower directives for self-reporting criminal actions prosecuted in the civilian world, including a 3D MAW policy letter (attached). It is an interesting case that affects Navy & Marine Corps policies. My curiosity is whether ALNAV 067/08 and its subordinate directives are lawful orders or not? If you get a chance in your busy schedules, read the case and let me know what you think. V/R, S/F Capt Wacker Douglas S. Wacker Captain, USMC Special Projects Officer MWHS-3, 3D MAW douglas.wacker@usmc.mil Comm: 858-577-7906 DSN: 267-7906 Cell: 858-401-9392 "Never tell people how to do things. Tell them what to do and they will surprise you with their ingenuity." - General George S. Patton, Jr
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