RE: NC&PB Requested Review

[Haytham Faraj <haytham@puckettfaraj.com>]

You need to go see Maj Marshall.  She is the Senior Defense Counsel.
Explain what is going to her and her to assign a substitute defense counsel.
By the rules Chris is the one that is supposed to do this.  I think you
would be better off going with someone else.  Chris' schedule will make his
ability to focus on your matter exceedingly difficult.  

-----Original Message-----
From: Wacker Capt Douglas S [mailto:douglas.wacker@usmc.mil] 
Sent: Thursday, July 28, 2011 8:38 PM
To: Hur Capt Christian P; haytham@puckettfaraj.com
Cc: douglas.wacker@gmail.com
Subject: NC&PB Requested Review

Gentlemen,

I am concerned about this paragraph in SECNAVINST 5815.3J (NC&PB)(dtd 12 Jun
03):

b. Requested Clemency Review. No later than 10 days after the
receipt of the convening authority's action, an offender not eligible
for mandatory clemency review but eligible to request clemency review
will notify the convening authority or the OEGCMJ, in writing, copy to
the NC&PB (and another copy to Navy and Marine Corps Appellate Leave
Activity), that the offender requests clemency review. The offender
then has 20 days within which to file the request for clemency review
and any supporting documents with the convening authority or OEGCMJ.
Failure to meet the submission requirements in a timely manner,
without good cause shown, may result in denial by NC&PB of the request
for clemency review. The offender is entitled to the assistance of
defense counsel in submitting such a request.

This is a 115-page document in regard to the NC&PB process (not including
the other links on the website that provide pertinent information
http://www.donhq.navy.mil/corb/ncpbmainpage.htm). Obviously, it has taken me
a few days to scour over the document to understand the process.

I do not rate a "mandatory review" because I did not receive 12 months
confinement or a dismissal. I'm still trying to figure out whether I fall in
a crack in the jurisdictional issue of the NC&PB because I don't have any
remaining confinement left on my sentence. I believe I rate a "requested
review".

I went to the Review Office at Miramar and found out only 2 boxes of the
Record of Trial were sent to OJAG (Code 40) [NAMARA] for a 69(a) review. No
copy of the Record of Trial was sent to the NC&PB.

Chris, I know you are super busy with your new billet as XO of 3d Bn, RTR,
but I need to figure this issue out and figure out when/how I can be
assigned a DDC for this issue and/or a potential BOI.

Please let me know how to handle this matter.

S/F

Doug


Douglas S. Wacker
Captain, USMC
Future Operations Officer
MWHS-3, 3D MAW
douglas.wacker@usmc.mil
Wk: 858-577-6730
DSN: 267-6730
Cell: 858-401-9392

"Don't tell people how to do things, tell them what to do and let them
surprise you with their results." ~George S. Patton