Fwd: FW: Service of SJAR ICO Wacker

[Douglas Wacker <douglas.wacker@gmail.com>]

Gentlemen,

I am happy with this SJAR. I think that the SJA took the easy way out and regurgitated what was necessary in the MCM (RCM 1105-07). My position at this point, which I will take the weekend to mull over, is that I submit my clemency package with a simple request: please set aside ("DISAPPROVE") the finding of guilty on the sole specification of Art 133 as the members have requested.

I will keep it simple and to the point. There is no need to discuss the details of NJP and/or NPLOC. If the CG disapproves the finding, that is what the members requested. I will include a letter of apology in the package to USD regarding the conduct unbecoming of an officer and a gentlemen, which can be forwarded to USD at the General's discretion, presuming he grants the request for disapproving the finding. Once disapproved, the NJP is off the table due to statute of limitations, and the only possiblity of further issues arising is at a BOI. With a disapproval, the promotion branch will have nothing to hang on to to withhold my promotion. With a letter to USD that is directed at the conduct unbecoming as opposed to the enumeration of "lying" then they won't have any basis to withhold my degree.

Basically as added enclosures I will have the letter of apology and a letter from the CG to CMC detailing the delay issue, stating that due to the delay and his decision to disapprove the sole finding of guilty, he has rectified any form of injustice. It still keeps with his acceptance of what his field grade officers recommended at court martial.

Please let me know if I am missing anything and let me know what you think my chances are. Obviously, the CG can go ahead and approve the sentence of "No Punishment" and there will be little if nothing I can do to remove the conviction from my record. However, it will be just as easy for him to disapprove the findings as to approve the sentence. The SJA apparently is not leaning towards NJP as noted in the fact that he provides no advice on how that would play out. In my mind an NJP may be just as bad as a conviction with "No Punishment". Therefore, I have little to lose by just asking for him to set aside the finding.

I will have all the paperwork ready for submission no later than Friday. I will ensure you have an opportunity to review the package before submission. Thank you again for all of your counsel and guidance throughout this entire process. Hopefully, it will end in a "FULL" acquittal.

V/R, S/F

Doug

On Thu, Jun 30, 2011 at 5:34 PM, Hur Capt Christian P <christian.hur@usmc.mil> wrote:

As anticipated.

-Capt Hur

-----Original Message-----
From: Braley PFC Christina M
Sent: Thursday, June 30, 2011 15:59
To: Hur Capt Christian P
Cc: Hasan Sgt Adris T; Fenner LCpl Brandon D
Subject: Service of SJAR ICO Wacker

Good afternoon Sir,

Attached is the SJAR and SJAR service letter in the case of Captain Wacker.  Please sign and email a scanned copy at your earliest convenience.  We will also need the original mailed back to our office.  The SJAR enclosures will be sent in a following email.  If you have any questions please contact by email or at (858) 577-9212.


Thank you.

Respectfully,

Private First Class Braley, USMC
Joint Law Center, Miramar
Review Clerk
858-577-9212

-- 
Douglas S. Wacker
2356 Fenton Parkway #105
San Diego, CA 92108
858.401.9392

Attachment: SJAR SERVICE LETTER (REVISED) 18 May 11.docx
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Attachment: SJAR ICO WACKER1.PDF
Description: Adobe PDF document

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