Beth, Sounds like a good plan. Let us know when we can help. Neal
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC | Virginia 888.970.0005
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On Feb 10, 2010, at 11:50 PM, Military Missions wrote: Hi Neal,
I went to Camp Lejeune last week and had the opportunity to meet with Lt Col Benson, CO for Wounded Warrior Battalion. He has presented his intentions to both David and me. David is working with the appointed attorney at this point. He is not willing to plead guilty to the cocaine charge. The appointed attorney feels that the test results indicate too many discrepancies to hold up and is attempting to have Lt Col Benson drop those charges. David is willing to plead guilty to the marijuana charges in the NJP, if Lt Col Benson will put his intentions in writing. At this point, we may be able to move forward with the appointed attorney, but I may contact you if things don't go well. I have my doubts about this entire situation after my visit to Camp Lejeune. They seem to be bending over backwards to give David all sorts of breaks and deals, but they also tried to convince me that they were blameless in this situation. It's very obvious that they know I have a lot of ammunition and they want to make all of this go away. They are working far too hard to accommodate us.
Additionally, David was asked to sign something on Monday giving Congressman Jones and me permission to see investigation results so it could be that we will have more information within the next few days.
Because this situation has changed so many times in the past few weeks since I first contacted you, I feel it best to wait until we have some idea of what we might really need from you before we begin. If things don't go well with negotiations or the med board process, it may redefine our needs. I will be in touch when things have developed a bit further.
Thank you! Beth Pennington
On Feb 5, 2010, at 10:32 AM, Neal Puckett wrote: Thanks, Beth. Let us know when you find out David's status. Neal
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC | Virginia 888.970.0005
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.
On Jan 29, 2010, at 11:49 AM, Military Missions wrote: Hi Mr. Puckett, I intended to send this email to you when I contacted Marcy, however, I just realized that I did not include you in the correspondence.
Have a great weekend!
Beth Pennington
Begin forwarded message: Date: January 29, 2010 11:17:41 AM EST
Subject: Update
Hi Marcy, We are still waiting to make our decision. Approximately two weeks ago, Congressman Walter Jones of NC sent a request to the Commandant regarding the National Defense Authorization Act, which includes H.R. 2647 - The Fiscal Year 2010 National Defense Authorization Act that was passed late last year. The legislation includes a key provision based on Congressman Jones' bill H.R. 1701, the PTSD/TBI Guaranteed Review for Heroes Act, which mandates a medical examination for service members who are facing an administrative separation due to misconduct, and claim or have been diagnosed with post traumatic stress disorder or traumatic brain injury. This examination would assess the degree to which the behavior of the service member has been affected by PTSD or TBI.
Congressman Jones has asked the USMC to review this situation. He received word from the USMC late Wednesday afternoon stating that they were drafting a response to his inquiry. I am not sure how long something like this takes, however, we are waiting to see what the response is before we take further steps. It would be my hope that we would receive some sort of response prior to David's return to Camp Lejeune next week, however, I realize that may be expecting too much.
David is scheduled to travel to Camp Lejeune next Thursday, Feb. 4. I will continue to keep you posted on our situation and inform you as soon as we make our decision. It would be great to think the USMC would be obligated to stop the admin sep process, at least initially, because of the PTSD/TBI Guaranteed Review for Heroes Act, leaving us without the need for an attorney. I imagine if they do NOT allow for this consideration, we would absolutely need an attorney.
It might be possible that this situation would change the "reason" for hiring Mr. Puckett and a new contract would have to be written. Once we know which battle we are fighting, if any, I will let you know. I will also copy this to Mr. Puckett since you are soon taking a vacation.
Thank you for your help. Have a wonderful vacation!
Beth Pennington
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