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RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED)

To: "'Sullivan, Brian J CPT MIL USA'" <brian.sullivan8@EUR.ARMY.MIL>
Subject: RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED)
From: "Haytham Faraj" <haytham@puckettfaraj.com>
Date: Mon, 22 Mar 2010 08:55:22 -0400
In-reply-to: <D4D6863FE334284C97E0EC18A3ED391E01CABFD3@KTES2292APCS151.EUR.DS.ARMY.MIL>
References: <!&!AAAAAAAAAAAYAAAAAAAAAD+c9smdiX9OksNXtqD+AtTCgAAAEAAAAHfDOgOfpFBBr+wQ4vvOIloBAAAAAA==@puckettfaraj.com> <5B1124B3482094479EAC7F458A5349730102C193@GRAF0308APCS084.EUR.DS.ARMY.MIL> <00e501cac455$a2957ad0$e7c07070$@com> <D4D6863FE334284C97E0EC18A3ED391E01C85F24@KTES2292APCS151.EUR.DS.ARMY.MIL> <> <D4D6863FE334284C97E0EC18A3ED391E01CABFD3@KTES2292APCS151.EUR.DS.ARMY.MIL>
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CPT Sullivan:
I sent you earlier this morning an email with rebuttal matters for PFC Shane
Colyer.  The email includes three attachments of multiple documents.  I am
informing you of it because I know that DOD email servers sometimes strip
large attachments from email.  Please let me know once you're in receipt.  I
appreciate your consideration in granting my requests for delays.  

Vr,
Haytham Faraj

-----Original Message-----
From: Sullivan, Brian J CPT MIL USA [mailto:brian.sullivan8@EUR.ARMY.MIL] 
Sent: Friday, March 19, 2010 4:57 AM
To: Haytham Faraj
Subject: RE: 2nd extension request in the matter of Administrative
separation PFC Colyer (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Faraj,

Understood.  We are pushing a month.  Get them to me asap so we can package
accordingly.  Best of luck with the GCMs.  

V/R

Brian

-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Thursday, March 18, 2010 10:49 PM
To: Sullivan, Brian J CPT MIL USA
Subject: RE: 2nd extension request in the matter of Administrative
separation PFC Colyer (UNCLASSIFIED)

CPT Sullivan:
I promised to get you matters in PV1 Colyer's case by COB Friday. I am in
the middle of back to back 39a's in two different General Courts-martial.  I
am striving to get matters to you by tomorrow.  In the event I do not I will
have them to you this weekend.

I appreciate your patience in this.

Vr,
Haytham Faraj

-----Original Message-----
From: Sullivan, Brian J CPT MIL USA [mailto:brian.sullivan8@EUR.ARMY.MIL] 
Sent: Wednesday, March 17, 2010 11:22 AM
To: Haytham Faraj
Cc: Rago, Louis B LTC MIL USA; Bacso, Kenneth J MAJ MIL USA; Brunais, David
A CPT MIL USA
Subject: RE: 2nd extension request in the matter of Administrative
separation PFC Colyer (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Faraj:

The Brigade Commander was scheduled to make a decision on PV1 Colyer's
chapter tomorrow morning.  As per your request, he will delay a decision
until next Friday, 26 March 2010.  

IAW AR 635-200, given PV1 Colyer's length of service and the recommended
discharge certificate, he is not entitled to a separation board hearing.  I
can send you the newest version of AR 635-200 if you so desire.

The Brigade Commander completed his inquiry into your allegations.  He will
inform BG Salazar his findings and recommendations.  While I am not privy to
BG Salazar's intentions, I believe BG Salazar will respond to your letter
directly next week.   

As for matters in rebuttal/mitigation, recommend that you send those to me
immediately.  On 3 MAR CPT Brunais granted PV1 Colyer a 12-day extension to
submit matters in mitigation/rebuttal.  He informed you in his email that
the chapter packet would be sent through the chain of command at 0900 on 15
MAR.  You did not submit matters or issue an additional extension request
until after this deadline.  When you submit these matters, I will present
them to the Co and Bn Cmdrs for consideration, and I will include them in
PV1 Colyer's packet when I take it to COL Sinclair for a
separation/retention decision next week.  

I am available 24/7 at the cell phone number below if you want to discuss
this further.  

FYSA, your client was arrested this weekend for driving under the influence
of alcohol in violation of host nation law.

V/R

Brian


BRIAN J. SULLIVAN
CPT, JA
Trial Counsel

172D Infantry Brigade
USAG, Grafenwoehr

DSN 475-4235
Cell +49 (0)151-235-66497




-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Monday, March 15, 2010 4:39 PM
To: Sullivan, Brian J CPT MIL USA
Cc: Rago, Louis B LTC MIL USA; Bacso, Kenneth J MAJ MIL USA
Subject: RE: 2nd extension request in the matter of Administrative
separation PFC Colyer (UNCLASSIFIED)

Dear Capt Sullivan,

I am a civilian attorney and retired JAG officer.  I represent PV1 Shane
Colyer.  In February PV1 Colyer was notified of an intent to
administratively Separate.  Consequent to his notification and while I was
trying to collect character statements to include in his package, I learned
that several members of the A/2-28, were intimidated and threatened because
they agreed to write favorably for PV1 Colyer.  I, then, contacted the
division commander BGEN Salazar with my concerns.  He wrote back that an
inquiry into the matter would be conducted.  I have been waiting for the
results of the inquiry to be completed before I submit materials.  PV1
Colyer is guaranteed a right to due process even in an administrative
hearing.  When his immediate commander and his First Sergeant, I am
specifically referring to CPT Brunais and 1SG Jason Travis, threatened
witnesses, he was denied his right to submit favorable matters for
consideration by the separation authority.  Capt Brunais and 1SG Travis may,
as you know, have also violated the UCMJ.  I respectfully request that you
do not act on the administrative separation package in PV1 Colyer’s case
until the inquiry into witness intimidation is complete.  I had intended to
forward my concerns to the Army IG and Secretary of the Army but determined
that I would give the Commanding General and the Brigade Commander the
opportunity to look into the matter.  As a former military officer I did not
like being surprised by learning of negative information about my unit from
someone above me.  I, therefore, decided to extend that courtesy to the
commanders concerned.  If you intend to forward the administrative
separation package before the inquiry into witness intimidation is complete,
I request notification and 24 hours to submit those matters that I currently
have in my possession.

 

Vr,

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

WASHINGTON DC׀  SAN DIEGO ׀ DEARBORN

www.puckettfaraj.com <http://www.puckettfaraj.com/> 

888.970.0005 Toll Free

202.280.1039 Fax

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.

 

 

 

From: Brunais, David A CPT MIL USA [mailto:david.brunais@eur.army.mil] 
Sent: Monday, March 15, 2010 8:30 AM
To: Haytham Faraj
Cc: Rago, Louis B LTC MIL USA; Sullivan, Brian J CPT MIL USA
Subject: RE: 2nd extension request in the matter of Administrative
separation PFC Colyer (UNCLASSIFIED)

 

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Faraj,

 

PV1 Colyer's extension went until 0900 this morning, 15 March 2010, as per
our previous email, see attachment.  I talked to PV1 Colyer and he did not
have anything to submit at that time, and I did not receive your email until
1245.  I have signed his packet and my Battalion Commander reviewed and
signed it two hours after the suspense.  It is now being forwarded to our
Brigade Legal Section for my Brigade Commander’s review/signature.  Please
contact CPT Brian Sullivan, Brigade JA, for anything further regarding PV1
Colyer’s separation packet.   

 

v/r

 

DAVE BRUNAIS

CPT, IN

CDR, A/2-28 IN, TF 3-66 AR

"APACHE PRIDE"

 

DSN - (314) 475-4038

CELL - 01744013254

 

 

-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Monday, March 15, 2010 12:45 PM
To: Brunais, David A CPT MIL USA USAREUR
Cc: Bacso, Kenneth J MAJ MIL USA
Subject: 2nd extension request in the matter of Administrative separation
PFC Colyer

 

Dear Capt Brunais:

 

I have enclosed a 2nd extension request in the subject matter.  The request
is necessary because I am still waiting to hear back from BGEN Salazar on
the matter of witness intimidation.  A response is requested.

 

 

 

Respectfully submitted,

 

 

 

Haytham Faraj, Esq.

 

PUCKETT & FARAJ, PC

 

WASHINGTON DC׀  SAN DIEGO ׀ DEARBORN

 

www.puckettfaraj.com <http://www.puckettfaraj.com/> 

 

888.970.0005 Toll Free

 

202.280.1039 Fax

 

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.

 

 

 

 

 

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE



Classification: UNCLASSIFIED
Caveats: NONE

References:
- 2nd extension request in the matter of Administrative separation PFC Colyer
  - From: "Haytham Faraj" <haytham@puckettfaraj.com>
- RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED)
  - From: "Haytham Faraj" <haytham@puckettfaraj.com>
- RE: 2nd extension request in the matter of Administrative separation PFC Colyer (UNCLASSIFIED)
  - From: "Haytham Faraj" <haytham@puckettfaraj.com>

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