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Mr. Puckett, I do have some relatively good news,
following up from the e-mail below. I have been able to ascertain a job with
the FDA. I would still like to attempt to upgrade my discharge as my next
desire is to regain my veteran benefits. Would you be able to answer my
questions below? Thank you for your time. Sincerely, Phillip Frame From: Phillip
[mailto:framepk@comcast.net] Mr. Puckett, I’m attempting to get all the
paperwork regarding my case together so I can present them to you for
review. Right now I’m trying to get my life back together by
getting a job (not an easy task), at times I feel extremely ostracized.
My deepest desire is to get the OTH upgraded to a General (under honorable)
discharge. The doors that are slamming shut in my face I’m hoping
will open just a bit. What is the soonest I can petition to upgrade my
discharge, I’ve heard 6 months from discharge. Also, what is a
timeframe I could expect for a decision to be made? If I receive a
negative decision, may I petition again? Lastly, what do you need from me
to adequately review my case and give me an idea of what I could possibly
expect. Sincerely, Phillip Frame From: Neal Puckett
[mailto:neal@puckettfaraj.com] Mr. Frame, I found your email in a different email account from my current
business account. I agree with you. I, too, wish I had been involved
in your case as it was being fought. I have often obtained better results
than active duty JAGS, simply due to my having had more experience. But
we'll never know if my involvement would have changed the outcome. We
cannot go back in time. That said, here are answers to your questions. 1) There is no appeal to the Supreme Court in your case. That
applies only to court-martial convictions, and even then, only if the military
appellate process first runs its course, and the Supreme Court agrees to accept
your petition. 2) There is no way to stay or cancel your orders. You will be
separated on time and with the OTH discharge. 3) You can petition to upgrade your discharge, and our firm can assist
with that if you like. 4) Your clearance will have to be re-applied for (via SF-86) and
re-adjudicated. I cannot predict the outcome of that process. It will depend upon what issues are involved relating to the cause for
your separation, and anything else a background investigation may reveal. V/r, Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 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
Nov 18, 2009, at 4:08 PM, Phillip wrote: Mr. Puckett, Well, I wish I were writing you to talk of
the positive results regarding my case. I’m not sure if you
remember it from over a year and a half ago. From the results I received,
and what I’ve heard regarding other cases, I’m now regretting not
getting outside professional help. Well, now I am, and I hope it’s
not ultimately too late. I do not have my case in front of me at this
moment in time, but the results of the NJP were a letter of reprimand and
forfeiture of pay. The results also caused a BOI to ensue. The
results of this were for a recommendation of Separation and an OTH
discharge. I appealed the decision, and came up short. I was hoping
that the characterization would be upgraded to General (under honorable) since
I have over 16 ½ years of service and the incidents I was charged for occurred
during a two year period. The other issue I’m encountering is that
my clearance was revoked, and it seems that there is no way to get this
re-instated. What really bothers me is that I understand my wrong-doings,
they will never happen again, and yet everyone is telling me that because of
the circumstances behind my misconduct, it is virtually impossible for me to
mitigate it to show I am a reliable, trustworthy person. I have applied
for a govt job that requires a positive background check, but not a clearance
(according to the job announcement). I was initially offered the
position, but then after filling out the SF85P, disclosing the revocation of my
clearance, the command withdrew the offer. The director, who interviewed
me and believes in me, is questioning this to see if there is any way I can
still be hired. I will be separated from the Navy at the end of the
month, 30 Nov. I realize this is a last minute inquiry, especially with
Thanksgiving next week, but I feel I have to ask the following questions. 1. Can I appeal my case to the
Supreme Court (sounds ludacris to me, but I’ve been told military members
can do this)? 2. Is there any way to stay or
cancel my separation orders? 3. I would like to fight the OTH
discharge, and try to improve it to at least a General (under honorable), can
you advise? 4. Do you have any
advice/information regarding re-instating a clearance after it is revoked? I realize I’m handing this to you
semi blind, since I have not provided you any details. I will find this
paperwork, and get it to you for review ASAP. I just wanted to contact
you today, since it was late yesterday afternoon when I was informed that the
job offer was withdrawn. Sincerely, Phillip Frame (410) 535-7502 (h) (410) 474-8756 (c) From: Lori [mailto:framela@comcast.net] Mr. Puckett, I am an officer in the Navy, and have been told by my
command that they intend to impose NJP for an offense I have committed.
My wife is very concerned about this, and has requested that I consult legal
council to see what, if anything, I can do. I have been told very little
by my command, so I am left to speculate what charges will be brought against
me at NJP. If you would be available some time today or tomorrow, I would
very much appreciate a quick consultation pertaining to my circumstances.
I can be reached at home at this e-mail or by phone at 410-535-7502. Sincerely, Phillip Frame |