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Re: Request extension



Laura,
No need to apologize.  Here's a quick question.  Assuming his conviction is reversed (pretty sure that's going to happen), it occurs to me that by now, if all of this intervening time is converted into "good time," we know that he will get full back pay and allowances, but only up to his EAS.  Seems to me that he will be beyond his EAS and they can't hold him for invol sep action and holding a board.  So maybe that's why Woodworth is talking SILT because they HAVE to charge him again unless they just want to separate him with a general or honorable.  Those are all factors to consider.
I have access to SEPSMAN online so don't worry about chasing that down.  My thought is, if client would go along, letting them charge him and plan for a trial, wherein we present the full psych picture and maybe members (or Jones) do not give him a BCD even if he's convicted.  Could mount an insanity defense if only to get all the psych stuff out there.  He's considered competent to assist now ONLY because he's medicated.  He was undiagnosed and thus unmedicated at the time of the offense, even though Dr. Yeaw opined he was not insane at the time of the offense.
In the coming days, I'll call him to see what he thinks about all of this.  The baseline goal, of course, is to get him at least a Gen discharge so he rates VA treatment for life.  I suppose we could submit a conditional SILT requesting a Gen characterization.  Wonder if that would fly?
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | Virginia
888.970.0005

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On Feb 11, 2010, at 4:07 PM, Bruzzese, Laura R Capt USSOUTHCOM JTFGTMO wrote:

Neal –
 
So sorry;  just didn’t get a chance to get to the adminsep manual today.  Didn’t want you to think that I forgot or blew it off.  I have to get to some meetings, and then I’ll be home (where internet is too slow to download anything).  We just don’t seem to have a hard copy here, and I’m having an inordinately difficult time find one that is available to be downloaded that NMCI will allow here at work.
 
 
I’ll try to get at the manual tomorrow. 
 
 
Sorry! L
 
PS.  My EAOS is 8 August.  Not yet decided if I’ll stay in or get out.