RE: Maj Card request to SJA for more time

[Haytham Faraj <haytham@puckettfaraj.com>]

You may call me today if you wish.  I have better availability in the
afternoon.  I am on the east coast.

-----Original Message-----
From: Card Maj Edward T [mailto:edward.card@usmc.mil] 
Sent: Thursday, July 28, 2011 10:16 PM
To: Daly Maj Alison L
Cc: Workman Maj Adam J; Baehr Capt James S; Barnett Capt Brandon W; Greeley
Maj Edward C; Hanson Col Steven M; haytham@puckettfaraj.com
Subject: Maj Card request to SJA for more time

From:  Maj Ted Card (IMEF/G3/COPS)
  To:  Maj Daly (IMEF/D.SJA)
Info:  Colonel Hanson (CO/IMHG); Maj Greeley (XO/IMHG)
       Maj Adam Workman(LSST-D); Capt Barnett (CMC/JAM)
       Haytham Faraj, Esq.

On Monday morning (the 25th), I had acknowledged receipt of a NIPRnet eMail
msg from CMC/JAM(Capt Barnett), which had been sent (the 21st).  Please
refer to the message below and/or the attached Adobe .PDF Doc (entitled
"20110722_Ackn..."), as necessary.

In his eMail message below, Capt Barnett(CMC/JAM) informs me that I "may
request additional time [beyond the allotted 10 days] to compile ... matters
for submission," in support of my promotion.  He also informed me that "such
a request should be routed via [my] chain of command to [my] SJA."

**Major Daly, with this eMail msg (and eventually, you'll receive
'hard-copy' correspondence), I am requesting SJA (and, the CMC/JAM) please
afford me additional time, so that I may better ensure that I am
professionally qualified to be a Lieutenant Colonel.  

How much time do I need?  Major Card requests sixty (60) days, IOT compile
matters for submission, etc.

Today, I am Routing the attachment (entitled "20110728_Request ...") to
IMEF/SJA via the Commanding Officer of I MHG.

Respectfully,
Major Ted Card, USMC
C.OPS, G3, IMEF

-----Original Message-----
From: Card Maj Edward T 
Sent: Monday, July 25, 2011 9:31
To: Barnett Capt Brandon W
Cc: Daly Maj Alison L; Catto Capt Eric A; Trosset Sgt Brenda R; Allen Col
David F; Griffin Col James H; Hanson Col Steven M; Greeley Maj Edward C;
Workman Maj Adam J
Subject: Maj Card acknowledges receipt of CMC(JAM) ltr 1420

From:  Major Edward Thomas Card, Jr., 2352/0302 USMC
To:    Commandant of the Marine Corps (JAM) 
       (ATTN:  Captain B. W. Barnett, Judge Advocate Division)
Info:  CO, IMHG (Colonel Hanson)
       XO, IMHG (Major Greeley)
       Deputy SJA, IMEF (Major Daly)
       Defense Counsel (Major Workman)
       COPSO, G3, IMEF (Colonel Allen)
       Dep.COPSO, G3, IMEF (Colonel Griffin)

1.  I acknowledge receipt of CMC ltr 1420 JAMP of 19 Jul 11 (refer to
attached .PDF) on 22 July 11.

2.  I intend to submit matters to the Commandant of the Marine Corps (JAM),
requesting removal of the promotion delay; as the I MEF Commanding General
has concluded that the allegation of misconduct made against me is
unsubstantiated.  Further, I shall also be requesting that SECNAV establish
my Date-of-Rank as 1 July 10.

3.  I understand that all of the information, which I decide to submit, must
be provided within 10 days of the date of this acknowledgement.  Your
letter, mentioned in Par. 1., is dated 19 July and, was received as an
attachment to an email on Thursday, 21 July 11 at 1109 (PST).

4.  This week, I shall submit matters in support of promotion to my
chain-of-command, through the CG/IMEF, as instructed.

Respectfully,
Major Ted Card, USMC
C.OPS, G3, IMEF

-----Original Message-----
From: Barnett Capt Brandon W 
Sent: Thursday, July 21, 2011 11:09
To: Card Maj Edward T
Cc: Daly Maj Alison L; Catto Capt Eric A; Trosset Sgt Brenda R
Subject: Notice and Comment ICO Maj Card

Your administrative or disciplinary case was closed by CG, I MEF on 16 May
2011 - you will find a scanned copy of the CG's letter enclosed after your
new notice and comment letter.

Action:
You will find your notice and comment letter regarding your promotion delay
attached herein.  Page 3 is the acknowledgement of receipt of this notice
and comment letter.  You may confer with counsel regarding this matter and
then please return the acknowledgement (either the scan or the original)
directly to me by fax or PDF.  Once you inform me of your intention to
submit matters in support of your promotion case, I will hold your case open
pending the receipt of your matters and chain of command endorsements.  You
have 10 days to submit any matters in support of your promotion to your
chain of command - you may request additional time to compile your matters
for submission - such a request should be routed via your chain of command
to your SJA.  Your command will endorse the promotion matters you submit and
forward the package through the first CG in your chain, and then the package
will be forwarded to me.

Timeline: 
The following is an abbreviated summary of events.  After receiving your
matters and command endorsements, the executive summary that SJA to CMC
signs is drafted and the entire package is sent to MMPR for routing and
appropriate action.  While at MMPR, the package gets routed through the
Director, Manpower Management, Deputy Commandant for Manpower and Reserve
Affairs, Director, Marine Corps Staff, ACMC and then to CMC (this group of
officers is known as the Adverse Material Advisory Board or the AMAB).  CMC
makes the recommendation on behalf of USMC to SECNAV.  Then the promotion
package goes to Navy JAG for legal sufficiency review and then it is
forwarded to SECNAV for his decision.  If SECNAV approves the promotion
recommendation, he will remove your promotion delay and establish your date
of rank and forward your promotion package to OSD for final approval.
Alternatively, SECNAV is the removal authority for your promotion list and
if SECNAV decides to remove you from the promotion list your promotion
package will not be routed any higher.  I have attached an estimated
timeline for your benefit:

1-2 weeks for executive summary and SJA to CMC to sign
6-8 weeks for CMC to sign
4-5 weeks for Navy JAG to sign
2-3 weeks for SECNAV to decide
1-2 weeks for DEPSECDEF to approve SECNAV?s determination

You should know that this timeline starts once I have your matters and
requisite chain of command endorsements. 

Promotion date: 
SECNAV may find you qualified for promotion (and may promote you in
accordance with your projected promotion date); or, SECNAV may find you
qualified for promotion (and may adjust your DOR for any period that he
determines you were not qualified for promotion); or, SECNAV may find you
unqualified for promotion and remove you from the promotion list.  

How will you find out? 
Should SECNAV decide to promote you, the CMC to SECNAV memorandum will
determine your promotion date (which may be backdated to your original
projected promotion date).  The SECNAV letter will then be forwarded via
your chain of command back to you via MMPR.  Typically, electronic notice
travels in advance of the letter to your chain of command via your Chief of
Staff.  

Can Capt Barnett tell me about the promotion decision? 

No.  I usually get a copy of the correspondence which closes your promotion
case about two to four weeks after the promotion decision has been made.  I
will not be able to tell you or your chain of command what the promotion
decision was, that information is not releasable by me or Judge Advocate
Division.

Please let me know if you have any additional questions.

Very Respectfully,

Brandon W. Barnett
Captain, U.S. Marine Corps
Judge Advocate Division
HQMC - Pentagon
(703) 693-9004
brandon.w.barnett@usmc.mil