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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 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] Classification: UNCLASSIFIED 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----- 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 |