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Re: WO1 and Art 133



You think?

Haytham Faraj 
760-521-7934
Sent from my iPhone

On May 13, 2010, at 2:44 PM, Puckett Neal <neal@puckettfaraj.com> wrote:

Good to go.  If I was the CG of Military District of Washington, I'd want my SJA to catch that, I'm thinkin'.
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC Metro Area
888.970.0005

The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.  You are required to purge this E-mail immediately without reading or making any copy or distribution.

On May 13, 2010, at 2:35 PM, Haytham Faraj wrote:

You're right. Article 133 applies to CWOs not WOs. I dont have any case law to cite to at this time but I remember this from experience with similar cases.  

Haytham Faraj 
760-521-7934
Sent from my iPhone

On May 13, 2010, at 2:30 PM, Puckett Neal <neal@puckettfaraj.com> wrote:

H,
Can't find anywhere that Art 133 is applicable to warrant officers (WO1 paygrade).  Have you seen anything different?  My client has an Art 133 charge for conduct that occurred (and was complete, not a continuing course of conduct) before he was promoted to CW2.  I want to take the position that the CG cannot render a guilty finding or punish him for any Art 133 offense.
Agree?  If you know of a case that so holds, let me know.
N
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC Metro Area
888.970.0005

The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.  You are required to purge this E-mail immediately without reading or making any copy or distribution.