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RE: Request extension
I still haven't been able to download an Adsep man, so I'm glad you're
on that. Have you ever been to GTMO? It's wonderful in every respect,
except as to telephones and internet.
I agree with all of the below, and would only point out that even if he
didn't get the BCD at trial, he would still then have a federal
conviction that he would not have with the SILT.
As far as the admin processing - you are correct. However, there is a
current situation in Okinawa where the command has in fact been waiting
to re-assign a Sgt an EAS date purely in order to initiate separation
processing. This is prohibited, and amounts to a 'legal hold' for
administrative separation --- nonetheless, we found ourselves without
any effective mechanism to compel the command to EAS the guy and stop
end-running the adminsepman. The real fight there will have to happen
at BCNR. Would that happen here? Unsure. (Lt Rodman was counsel in
that case; she may have more follow-up information --- also
ULTIMATELY - if he winds up with the federal convictions and a BCD, he
is in no worse position than he is now. Maybe trial is worth the
gamble, especially if the SOLE concern is that OTH. How worried is San
about the effects of a federal conviction?
I don't know if the command would accept a conditional SILT - and
frankly, the whole reason I've been trying to get an adminman is so that
I can check to see if conditional SILTs are even allowed.
GOOD LUCK. VR/ Laura
-----Original Message-----
From: Neal Puckett [mailto:neal@puckettfaraj.com]
Sent: Saturday, February 13, 2010 10:45 AM
To: Bruzzese, Laura R Capt USSOUTHCOM JTFGTMO
Subject: 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
www.puckettfaraj.com
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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.