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Re: Saleh - Charge III (UNCLASSIFIED)

Your honor,
I had not read Fosler. In light of the court's analysis in that case it appears to me that neither specification under Charge III states an offense for failure to include the terminal elements - prejudice to good order and discipline or service discrediting conduct- in the specifications. 

Vr,

Haytham Faraj
Sent from my iPad

On Aug 10, 2011, at 8:29 AM, "Pohl, James L COL MIL USA" <james.pohl@us.army.mil> wrote:

> Classification:  UNCLASSIFIED 
> Caveats: NONE
> 
> All
> 
> In light of CAAF's recent decision in US v. Fosler, __ M.J. __, No.
> 11-0149/MC (C.A.A.F. Aug. 8, 2011), what is the position of the parties
> whether Charge III states offenses?
> 
> COL Pohl 
> 
> Classification:  UNCLASSIFIED 
> Caveats: NONE
>