Re: Advice

[Haytham <haytham@puckettfaraj.com>]

Doug. Call me tomorrow to discuss

Haytham Faraj 
Sent from my iPhone

On Jun 20, 2011, at 3:18 PM, "Wacker Capt Douglas S" <douglas.wacker@usmc.mil> wrote:

> Gentlemen,
> 
> Today is the 101st day since sentencing and as far as I know the Record of Trial has not been authenticated. I would like some advice on how I should proceed in the coming days, weeks, months.
> 
> From my understanding the Moreno clock requires the CA to take action within 120 days (in my case 9 July 2011), but that is merely a presumption of a facially unreasonable delay that triggers the Barker v. Wingo balancing test. Pretty much I foresee the Gov't not meeting the 120-day mark and taking action whenever they are ready (sometime in the next year). I know that because of the sentence of "No Punishment" I will have an uphill battle proving any prejudice, although the simple matters of getting my JD, taking the Bar Exam, reinstating my promotion (with waiver, deadline is now December 2011), and reinstating my clearance are all on hold until a final resolution is made.
> 
> I know that a BOI is still likely/possible as well as any number of other administrative issues over the next year.
> 
> I am taking on more responsibilities (MWHS-3 Information Management Officer (IMO)) and the possibility of deploying in 2012 with 3d MAW has been discussed. Unfortunately, all of that cannot be determined until I am cleared.
> 
> I've been reading the different cases dealing with the Moreno standard and know that even a few hundred days delay can be overcome by the Gov't. Additionally, the only way the issue would be heard is through a 69(b) appeal, which would have to go through SJA to CMC. Therefore, I am still holding out hope for the CG to grant clemency as the easiest route to being cleared.
> 
> I don't want to ruffle feathers, but I don't want to stand idly by. I'm not sure if there is a point in time at which I should formally request speedy action (i.e. 120 days, 180 days, etc.) or if I should just let the matters sort themselves out, which may include the Gov't forgetting about my case. With personnel turnover, I can easily see my case being lost in the shuffle for a significant period of time.
> 
> Please let me know what your thoughts are on this matter.
> 
> Very respectfully,
> 
> 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 
> 
>