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 Colyerâs
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 Commanderâs review/signature.
Please
contact CPT Brian Sullivan, Brigade JA, for anything further
regarding PV1
Colyerâs 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